{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2400.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2400.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2400.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2400.2.html"}],"law_id":63038,"edition_id":1,"section_id":63038,"structure_id":14778,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","history":"1997, c. 698; 1998, c. 744; 1999, c. 888; 2003, cc. 753, 762; 2004, c. 49; 2006, cc. 155, 184; 2007, c. 395; 2009, cc. 342, 472; 2015, c. 114; 2016, c. 222; 2017, c. 616; 2019, cc. 300, 418, 663.","full_text":"A\n\nAny reports, information or records received and maintained by the Department of Health Professions or any health regulatory board in connection with possible disciplinary proceedings, including any material received or developed by a board during an investigation or proceeding, shall be strictly confidential. The Department of Health Professions or a board may only disclose such confidential information:1\n\nIn a disciplinary proceeding before a board or in any subsequent trial or appeal of an action or order, or to the respondent in entering into a confidential consent agreement under &#xA7; 54.1-2400;2\n\nTo regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession, including the coordinated licensure information system as defined in &#xA7; 54.1-3040.2 and the data system as set forth in &#xA7; 54.1-3492;3\n\nTo the Virginia Department of Education or the State Council of Higher Education for Virginia, if such information relates to nursing or nurse aide education programs regulated by the Board of Nursing;4\n\nTo hospital committees concerned with granting, limiting or denying hospital privileges if a final determination regarding a violation has been made;5\n\nPursuant to an order of a court of competent jurisdiction for good cause arising from extraordinary circumstances being shown;6\n\nTo qualified personnel for bona fide research or educational purposes, if personally identifiable information relating to any person is first deleted. Such release shall be made pursuant to a written agreement to ensure compliance with this section; or7\n\nTo the Health Practitioners&#8217; Monitoring Program within the Department of Health Professions in connection with health practitioners who apply to or participate in the Program.B\n\nIn no event shall confidential information received, maintained or developed by the Department of Health Professions or any board, or disclosed by the Department of Health Professions or a board to others, pursuant to this section, be available for discovery or court subpoena or introduced into evidence in any civil action. This section shall not, however, be construed to inhibit an investigation or prosecution under Article 1 (&#xA7; 18.2-247 et seq.) of Chapter 7 of Title 18.2.C\n\nAny claim of a physician-patient or practitioner-patient privilege shall not prevail in any investigation or proceeding by any health regulatory board acting within the scope of its authority. The disclosure, however, of any information pursuant to this provision shall not be deemed a waiver of such privilege in any other proceeding.D\n\nThis section shall not prohibit the Director of the Department of Health Professions, after consultation with the relevant health regulatory board president or his designee, from disclosing to the Attorney General, or the appropriate attorney for the Commonwealth, investigatory information which indicates a possible violation of any provision of criminal law, including the laws relating to the manufacture, distribution, dispensing, prescribing or administration of drugs, other than drugs classified as Schedule VI drugs and devices, by any individual regulated by any health regulatory board.E\n\nThis section shall not prohibit the Director of the Department of Health Professions from disclosing matters listed in subdivision A 1, 2, or 3 of &#xA7; 54.1-2909; from making the reports of aggregate information and summaries required by &#xA7; 54.1-2400.3; or from disclosing the information required to be made available to the public pursuant to &#xA7; 54.1-2910.1.F\n\nThis section shall not prohibit the Director of the Department of Health Professions, following consultation with the relevant health regulatory board president or his designee, from disclosing information about a suspected violation of state or federal law or regulation to other agencies within the Health and Human Resources Secretariat or to state or federal law-enforcement agencies having jurisdiction over the suspected violation or requesting an inspection or investigation of a licensee by such state or federal agency when the Director has reason to believe that a possible violation of state or federal law has occurred. Such disclosure shall not exceed the minimum information necessary to permit the state or federal agency having jurisdiction over the suspected violation of state or federal law to conduct an inspection or investigation. Disclosures by the Director pursuant to this subsection shall not be limited to requests for inspections or investigations of licensees. Nothing in this subsection shall require the Director to make any disclosure. Nothing in this section shall permit any agency to which the Director makes a disclosure pursuant to this section to re-disclose any information, reports, records, or materials received from the Department.G\n\nWhenever a complaint or report has been filed about a person licensed, certified, or registered by a health regulatory board, the source and the subject of a complaint or report shall be provided information about the investigative and disciplinary procedures at the Department of Health Professions. Prior to interviewing a licensee who is the subject of a complaint or report, or at the time that the licensee is first notified in writing of the complaint or report, whichever shall occur first, the licensee shall be provided with a copy of the complaint or report and any records or supporting documentation, unless such provision would materially obstruct a criminal or regulatory investigation. If the relevant board concludes that a disciplinary proceeding will not be instituted, the board may send an advisory letter to the person who was the subject of the complaint or report. The relevant board may also inform the source of the complaint or report (i) that an investigation has been conducted, (ii) that the matter was concluded without a disciplinary proceeding, (iii) of the process the board followed in making its determination, and (iv), if appropriate, that an advisory letter from the board has been communicated to the person who was the subject of the complaint or report. In providing such information, the board shall inform the source of the complaint or report that he is subject to the requirements of this section relating to confidentiality and discovery.H\n\nOrders and notices of the health regulatory boards relating to disciplinary actions, other than confidential exhibits described in subsection K, shall be disclosed. Information on the date and location of any disciplinary proceeding, allegations against the respondent, and the list of statutes and regulations the respondent is alleged to have violated shall be provided to the source of the complaint or report by the relevant board prior to the proceeding. The source shall be notified of the disposition of a disciplinary case.I\n\nThis section shall not prohibit investigative staff authorized under &#xA7; 54.1-2506 or investigative staff of any other agency to which disclosure of information about a suspected violation of state or federal law or regulation is authorized by subsection F from interviewing fact witnesses, disclosing to fact witnesses the identity of the subject of the complaint or report, or reviewing with fact witnesses any portion of records or other supporting documentation necessary to refresh the fact witnesses&#8217; recollection.J\n\nAny person found guilty of the unlawful disclosure of confidential information possessed by a health regulatory board shall be guilty of a Class 1 misdemeanor.K\n\nIn disciplinary actions in which a practitioner is or may be unable to practice with reasonable skill and safety to patients and the public because of a mental or physical disability, a health regulatory board shall consider whether to disclose and may decide not to disclose in its notice or order the practitioner&#8217;s health records, as defined in &#xA7; 32.1-127.1:03, or his health services, as defined in &#xA7; 32.1-127.1:03. Such information may be considered by the relevant board in a closed hearing in accordance with subdivision A 16 of &#xA7; 2.2-3711 and included in a confidential exhibit to a notice or order. The public notice or order shall identify, if known, the practitioner&#8217;s mental or physical disability that is the basis for its determination. In the event that the relevant board, in its discretion, determines that this subsection should apply, information contained in the confidential exhibit shall remain part of the confidential record before the relevant board and is subject to court review under the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and to release in accordance with this section.","order_by":null,"text":{"0":{"id":229893,"text":"Any reports, information or records received and maintained by the Department of Health Professions or any health regulatory board in connection with possible disciplinary proceedings, including any material received or developed by a board during an investigation or proceeding, shall be strictly confidential. The Department of Health Professions or a board may only disclose such confidential information:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":229894,"text":"In a disciplinary proceeding before a board or in any subsequent trial or appeal of an action or order, or to the respondent in entering into a confidential consent agreement under &#xA7; 54.1-2400;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":229895,"text":"To regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession, including the coordinated licensure information system as defined in &#xA7; 54.1-3040.2 and the data system as set forth in &#xA7; 54.1-3492;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":229896,"text":"To the Virginia Department of Education or the State Council of Higher Education for Virginia, if such information relates to nursing or nurse aide education programs regulated by the Board of Nursing;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":229897,"text":"To hospital committees concerned with granting, limiting or denying hospital privileges if a final determination regarding a violation has been made;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":229898,"text":"Pursuant to an order of a court of competent jurisdiction for good cause arising from extraordinary circumstances being shown;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":229899,"text":"To qualified personnel for bona fide research or educational purposes, if personally identifiable information relating to any person is first deleted. Such release shall be made pursuant to a written agreement to ensure compliance with this section; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":229900,"text":"To the Health Practitioners&#8217; Monitoring Program within the Department of Health Professions in connection with health practitioners who apply to or participate in the Program.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":229901,"text":"In no event shall confidential information received, maintained or developed by the Department of Health Professions or any board, or disclosed by the Department of Health Professions or a board to others, pursuant to this section, be available for discovery or court subpoena or introduced into evidence in any civil action. This section shall not, however, be construed to inhibit an investigation or prosecution under Article 1 (&#xA7; 18.2-247 et seq.) of Chapter 7 of Title 18.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":229902,"text":"Any claim of a physician-patient or practitioner-patient privilege shall not prevail in any investigation or proceeding by any health regulatory board acting within the scope of its authority. The disclosure, however, of any information pursuant to this provision shall not be deemed a waiver of such privilege in any other proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":229903,"text":"This section shall not prohibit the Director of the Department of Health Professions, after consultation with the relevant health regulatory board president or his designee, from disclosing to the Attorney General, or the appropriate attorney for the Commonwealth, investigatory information which indicates a possible violation of any provision of criminal law, including the laws relating to the manufacture, distribution, dispensing, prescribing or administration of drugs, other than drugs classified as Schedule VI drugs and devices, by any individual regulated by any health regulatory board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":229904,"text":"This section shall not prohibit the Director of the Department of Health Professions from disclosing matters listed in subdivision A 1, 2, or 3 of &#xA7; 54.1-2909; from making the reports of aggregate information and summaries required by &#xA7; 54.1-2400.3; or from disclosing the information required to be made available to the public pursuant to &#xA7; 54.1-2910.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":229905,"text":"This section shall not prohibit the Director of the Department of Health Professions, following consultation with the relevant health regulatory board president or his designee, from disclosing information about a suspected violation of state or federal law or regulation to other agencies within the Health and Human Resources Secretariat or to state or federal law-enforcement agencies having jurisdiction over the suspected violation or requesting an inspection or investigation of a licensee by such state or federal agency when the Director has reason to believe that a possible violation of state or federal law has occurred. Such disclosure shall not exceed the minimum information necessary to permit the state or federal agency having jurisdiction over the suspected violation of state or federal law to conduct an inspection or investigation. Disclosures by the Director pursuant to this subsection shall not be limited to requests for inspections or investigations of licensees. Nothing in this subsection shall require the Director to make any disclosure. Nothing in this section shall permit any agency to which the Director makes a disclosure pursuant to this section to re-disclose any information, reports, records, or materials received from the Department.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":229906,"text":"Whenever a complaint or report has been filed about a person licensed, certified, or registered by a health regulatory board, the source and the subject of a complaint or report shall be provided information about the investigative and disciplinary procedures at the Department of Health Professions. Prior to interviewing a licensee who is the subject of a complaint or report, or at the time that the licensee is first notified in writing of the complaint or report, whichever shall occur first, the licensee shall be provided with a copy of the complaint or report and any records or supporting documentation, unless such provision would materially obstruct a criminal or regulatory investigation. If the relevant board concludes that a disciplinary proceeding will not be instituted, the board may send an advisory letter to the person who was the subject of the complaint or report. The relevant board may also inform the source of the complaint or report (i) that an investigation has been conducted, (ii) that the matter was concluded without a disciplinary proceeding, (iii) of the process the board followed in making its determination, and (iv), if appropriate, that an advisory letter from the board has been communicated to the person who was the subject of the complaint or report. In providing such information, the board shall inform the source of the complaint or report that he is subject to the requirements of this section relating to confidentiality and discovery.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":229907,"text":"Orders and notices of the health regulatory boards relating to disciplinary actions, other than confidential exhibits described in subsection K, shall be disclosed. Information on the date and location of any disciplinary proceeding, allegations against the respondent, and the list of statutes and regulations the respondent is alleged to have violated shall be provided to the source of the complaint or report by the relevant board prior to the proceeding. The source shall be notified of the disposition of a disciplinary case.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"15":{"id":229908,"text":"This section shall not prohibit investigative staff authorized under &#xA7; 54.1-2506 or investigative staff of any other agency to which disclosure of information about a suspected violation of state or federal law or regulation is authorized by subsection F from interviewing fact witnesses, disclosing to fact witnesses the identity of the subject of the complaint or report, or reviewing with fact witnesses any portion of records or other supporting documentation necessary to refresh the fact witnesses&#8217; recollection.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"16":{"id":229909,"text":"Any person found guilty of the unlawful disclosure of confidential information possessed by a health regulatory board shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"17":{"id":229910,"text":"In disciplinary actions in which a practitioner is or may be unable to practice with reasonable skill and safety to patients and the public because of a mental or physical disability, a health regulatory board shall consider whether to disclose and may decide not to disclose in its notice or order the practitioner&#8217;s health records, as defined in &#xA7; 32.1-127.1:03, or his health services, as defined in &#xA7; 32.1-127.1:03. Such information may be considered by the relevant board in a closed hearing in accordance with subdivision A 16 of &#xA7; 2.2-3711 and included in a confidential exhibit to a notice or order. The public notice or order shall identify, if known, the practitioner&#8217;s mental or physical disability that is the basis for its determination. In the event that the relevant board, in its discretion, determines that this subsection should apply, information contained in the confidential exhibit shall remain part of the confidential record before the relevant board and is subject to court review under the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and to release in accordance with this section.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":14778,"edition_id":1,"name":"General Provisions","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":241107,"object_type":"structure","relational_id":14778,"identifier":"24","token":"54.1\/III\/24","url":"\/54.1\/III\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65440,"structure_id":14778,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","url":"\/54.1-2400\/","token":"54.1\/III\/24\/54.1-2400","metadata":false},{"id":83001,"structure_id":14778,"section_number":"54.1-2400.01","catch_line":"Certain definition","url":"\/54.1-2400.01\/","token":"54.1\/III\/24\/54.1-2400.01","metadata":false},{"id":72970,"structure_id":14778,"section_number":"54.1-2400.01:1","catch_line":"Surgery defined; 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disclosure of records; actions for which an authorization is not required","url":"\/54.1-2404.2\/","token":"54.1\/III\/24\/54.1-2404.2","metadata":false},{"id":74920,"structure_id":14778,"section_number":"54.1-2405","catch_line":"Transfer of patient records in conjunction with closure, sale, or relocation of practice; notice required","url":"\/54.1-2405\/","token":"54.1\/III\/24\/54.1-2405","metadata":false},{"id":58800,"structure_id":14778,"section_number":"54.1-2406","catch_line":"Treatment records of practitioners","url":"\/54.1-2406\/","token":"54.1\/III\/24\/54.1-2406","metadata":false},{"id":73269,"structure_id":14778,"section_number":"54.1-2407","catch_line":"Requirements for human research","url":"\/54.1-2407\/","token":"54.1\/III\/24\/54.1-2407","metadata":false},{"id":65565,"structure_id":14778,"section_number":"54.1-2408","catch_line":"Disqualification for license, certificate or registration","url":"\/54.1-2408\/","token":"54.1\/III\/24\/54.1-2408","metadata":false},{"id":62891,"structure_id":14778,"section_number":"54.1-2408.01","catch_line":"Prior convictions not to abridge rights","url":"\/54.1-2408.01\/","token":"54.1\/III\/24\/54.1-2408.01","metadata":false},{"id":74983,"structure_id":14778,"section_number":"54.1-2408.1","catch_line":"Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing","url":"\/54.1-2408.1\/","token":"54.1\/III\/24\/54.1-2408.1","metadata":false},{"id":75296,"structure_id":14778,"section_number":"54.1-2408.2","catch_line":"Minimum period for reinstatement after revocation","url":"\/54.1-2408.2\/","token":"54.1\/III\/24\/54.1-2408.2","metadata":false},{"id":64692,"structure_id":14778,"section_number":"54.1-2408.3","catch_line":"Practice pending appeal","url":"\/54.1-2408.3\/","token":"54.1\/III\/24\/54.1-2408.3","metadata":false},{"id":70912,"structure_id":14778,"section_number":"54.1-2408.4","catch_line":"Temporary authorization to practice","url":"\/54.1-2408.4\/","token":"54.1\/III\/24\/54.1-2408.4","metadata":false},{"id":74205,"structure_id":14778,"section_number":"54.1-2409","catch_line":"Mandatory suspension or revocation; reinstatement; hearing for reinstatement","url":"\/54.1-2409\/","token":"54.1\/III\/24\/54.1-2409","metadata":false},{"id":60525,"structure_id":14778,"section_number":"54.1-2409.1","catch_line":"Criminal penalties for practicing certain professions and occupations without appropriate licensure, certificate, etc","url":"\/54.1-2409.1\/","token":"54.1\/III\/24\/54.1-2409.1","metadata":false},{"id":85564,"structure_id":14778,"section_number":"54.1-2409.1:1","catch_line":"Interjurisdictional compacts; criminal history record checks","url":"\/54.1-2409.1_1\/","token":"54.1\/III\/24\/54.1-2409.1_1","metadata":false},{"id":61737,"structure_id":14778,"section_number":"54.1-2409.2","catch_line":"Repealed","url":"\/54.1-2409.2\/","token":"54.1\/III\/24\/54.1-2409.2","metadata":false},{"id":75305,"structure_id":14778,"section_number":"54.1-2409.3","catch_line":"Participation of advisory boards in disciplinary proceedings","url":"\/54.1-2409.3\/","token":"54.1\/III\/24\/54.1-2409.3","metadata":false},{"id":69480,"structure_id":14778,"section_number":"54.1-2409.4","catch_line":"Authority to receive laboratory results directly","url":"\/54.1-2409.4\/","token":"54.1\/III\/24\/54.1-2409.4","metadata":false},{"id":76039,"structure_id":14778,"section_number":"54.1-2409.5","catch_line":"Conversion therapy prohibited","url":"\/54.1-2409.5\/","token":"54.1\/III\/24\/54.1-2409.5","metadata":false},{"id":57334,"structure_id":14778,"section_number":"54.1-2409.6","catch_line":"Recommendation for Continuing education for certain licensees","url":"\/54.1-2409.6\/","token":"54.1\/III\/24\/54.1-2409.6","metadata":false}],"previous_section":{"id":69157,"structure_id":14778,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","url":"\/54.1-2400.1\/","token":"54.1\/III\/24\/54.1-2400.1","metadata":false},"next_section":{"id":87116,"structure_id":14778,"section_number":"54.1-2400.3","catch_line":"Disciplinary actions to be reported","url":"\/54.1-2400.3\/","token":"54.1\/III\/24\/54.1-2400.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2400.2\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0698\">698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0744\">744<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0888\">888<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0753\">753<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0762\">762<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0049\">49<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0155\">155<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0184\">184<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0395\">395<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0342\">342<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0472\">472<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0114\">114<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0222\">222<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0616\">616<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0300\">300<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0418\">418<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0663\">663<\/a>.<\/p>","references":[{"id":65440,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","order_by":null,"url":"\/54.1-2400\/"},{"id":54080,"section_number":"54.1-2709.1","catch_line":"Certain certification required","order_by":null,"url":"\/54.1-2709.1\/"},{"id":79576,"section_number":"54.1-2910.2","catch_line":"Posting of disciplinary information","order_by":null,"url":"\/54.1-2910.2\/"},{"id":81436,"section_number":"54.1-2912.3","catch_line":"Competency assessments of certain practitioners","order_by":null,"url":"\/54.1-2912.3\/"},{"id":69269,"section_number":"54.1-3406","catch_line":"Records confidential; disclosure of information about violations of federal law","order_by":null,"url":"\/54.1-3406\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":65440,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","order_by":null,"url":"\/54.1-2400\/"},{"id":87116,"section_number":"54.1-2400.3","catch_line":"Disciplinary actions to be reported","order_by":null,"url":"\/54.1-2400.3\/"},{"id":83130,"section_number":"54.1-2506","catch_line":"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director","order_by":null,"url":"\/54.1-2506\/"},{"id":86961,"section_number":"54.1-2909","catch_line":"Further reporting requirements; civil penalty; disciplinary action","order_by":null,"url":"\/54.1-2909\/"},{"id":62319,"section_number":"54.1-3040.2","catch_line":"Definitions","order_by":null,"url":"\/54.1-3040.2\/"},{"id":58654,"section_number":"54.1-3492","catch_line":"Data system","order_by":null,"url":"\/54.1-3492\/"}],"permalink":{"id":241137,"object_type":"law","relational_id":63038,"identifier":"54.1-2400.2","token":"54.1\/III\/24\/54.1-2400.2","url":"\/54.1-2400.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2400.2\/","token":"54.1\/III\/24\/54.1-2400.2","dublin_core":{"Title":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2400.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any reports, information or records received and maintained by the Department of Health Professions or any health regulatory board in connection with possible disciplinary proceedings, including any <span class=\"dictionary\">material<\/span> received or developed by a board during an investigation or proceeding, shall be strictly confidential. The Department of Health Professions or a board may only disclose such confidential information: <a id=\"paragraph-229893\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> In a disciplinary proceeding before a board or in any subsequent <span class=\"dictionary\">trial<\/span> or <span class=\"dictionary\">appeal<\/span> of an action or <span class=\"dictionary\">order<\/span>, or to the respondent in entering into a confidential consent agreement under &#xA7; <a class=\"law\" title=\"General powers and duties of health regulatory boards\" href=\"\/54.1-2400\/\">54.1-2400<\/a>; <a id=\"paragraph-229894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> To regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession, including the coordinated licensure information system as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-3040.2\/\">54.1-3040.2<\/a> and the data system as set forth in &#xA7; <a class=\"law\" title=\"Data system\" href=\"\/54.1-3492\/\">54.1-3492<\/a>; <a id=\"paragraph-229895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> To the Virginia Department of Education or the State Council of Higher Education for Virginia, if such information relates to nursing or nurse aide education programs regulated by the Board of Nursing; <a id=\"paragraph-229896\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> To hospital committees concerned with granting, limiting or denying hospital <span class=\"dictionary\">privileges<\/span> if a final determination regarding a violation has been made; <a id=\"paragraph-229897\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Pursuant to an <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> for good cause arising from extraordinary circumstances being shown; <a id=\"paragraph-229898\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> To qualified personnel for bona fide research or educational purposes, if personally identifiable information relating to any person is first deleted. Such release shall be made pursuant to a written agreement to ensure compliance with this section; or <a id=\"paragraph-229899\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> To the Health Practitioners&#8217; Monitoring Program within the Department of Health Professions in connection with health practitioners who apply to or participate in the Program. <a id=\"paragraph-229900\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#A7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In no event shall confidential information received, maintained or developed by the Department of Health Professions or any board, or disclosed by the Department of Health Professions or a board to others, pursuant to this section, be available for <span class=\"dictionary\">discovery<\/span> or <span class=\"dictionary\">court<\/span> <span class=\"dictionary\">subpoena<\/span> or introduced into <span class=\"dictionary\">evidence<\/span> in any <span class=\"dictionary\">civil action<\/span>. This section shall not, however, be construed to inhibit an investigation or <span class=\"dictionary\">prosecution<\/span> under Article 1 (&#xA7; <a class=\"law\" title=\"Use of terms &quot;controlled substances,&quot; &quot;marijuana,&quot; &quot;Schedules I, II, III, IV, V, and VI,&quot; &quot;imitation controlled substance,&quot; and &quot;counterfeit controlled substance&quot; in Title 18.2\" href=\"\/18.2-247\/\">18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2. <a id=\"paragraph-229901\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any claim of a physician-patient or practitioner-patient <span class=\"dictionary\">privilege<\/span> shall not prevail in any investigation or proceeding by any health regulatory board acting within the scope of its authority. The disclosure, however, of any information pursuant to this provision shall not be deemed a <span class=\"dictionary\">waiver<\/span> of such <span class=\"dictionary\">privilege<\/span> in any other proceeding. <a id=\"paragraph-229902\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> This section shall not prohibit the Director of the Department of Health Professions, after consultation with the relevant health regulatory board president or his designee, from disclosing to the <span class=\"dictionary\">Attorney General<\/span>, or the appropriate attorney for the Commonwealth, investigatory information which indicates a possible violation of any provision of criminal <span class=\"dictionary\">law<\/span>, including the <span class=\"dictionary\">laws<\/span> relating to the manufacture, distribution, dispensing, prescribing or administration of drugs, other than drugs classified as Schedule VI drugs and devices, by any individual regulated by any health regulatory board. <a id=\"paragraph-229903\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> This section shall not prohibit the Director of the Department of Health Professions from disclosing matters listed in subdivision A 1, 2, or 3 of &#xA7; <a class=\"law\" title=\"Further reporting requirements; civil penalty; disciplinary action\" href=\"\/54.1-2909\/\">54.1-2909<\/a>; from making the reports of aggregate information and summaries required by &#xA7; <a class=\"law\" title=\"Disciplinary actions to be reported\" href=\"\/54.1-2400.3\/\">54.1-2400.3<\/a>; or from disclosing the information required to be made available to the public pursuant to &#xA7; <a class=\"law\" title=\"Certain data required\" href=\"\/54.1-2910.1\/\">54.1-2910.1<\/a>. <a id=\"paragraph-229904\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> This section shall not prohibit the Director of the Department of Health Professions, following consultation with the relevant health regulatory board president or his designee, from disclosing information about a suspected violation of state or federal <span class=\"dictionary\">law<\/span> or regulation to other agencies within the Health and Human Resources Secretariat or to state or federal <span class=\"dictionary\">law<\/span>-enforcement agencies having <span class=\"dictionary\">jurisdiction<\/span> over the suspected violation or requesting an inspection or investigation of a licensee by such state or federal agency when the Director has reason to believe that a possible violation of state or federal <span class=\"dictionary\">law<\/span> has occurred. Such disclosure shall not exceed the minimum information necessary to permit the state or federal agency having <span class=\"dictionary\">jurisdiction<\/span> over the suspected violation of state or federal <span class=\"dictionary\">law<\/span> to conduct an inspection or investigation. Disclosures by the Director pursuant to this subsection shall not be limited to requests for inspections or investigations of licensees. Nothing in this subsection shall require the Director to make any disclosure. Nothing in this section shall permit any agency to which the Director makes a disclosure pursuant to this section to re-disclose any information, reports, records, or <span class=\"dictionary\">materials<\/span> received from the Department. <a id=\"paragraph-229905\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Whenever a complaint or report has been filed about a person licensed, certified, or registered by a health regulatory board, the source and the subject of a complaint or report shall be provided information about the investigative and disciplinary procedures at the Department of Health Professions. Prior to interviewing a licensee who is the subject of a complaint or report, or at the time that the licensee is first notified in writing of the complaint or report, whichever shall occur first, the licensee shall be provided with a copy of the complaint or report and any records or supporting documentation, unless such provision would materially obstruct a criminal or regulatory investigation. If the relevant board concludes that a disciplinary proceeding will not be instituted, the board may send an advisory letter to the person who was the subject of the complaint or report. The relevant board may also inform the source of the complaint or report (i) that an investigation has been conducted, (ii) that the matter was concluded without a disciplinary proceeding, (iii) of the process the board followed in making its determination, and (iv), if appropriate, that an advisory letter from the board has been communicated to the person who was the subject of the complaint or report. In providing such information, the board shall inform the source of the complaint or report that he is subject to the requirements of this section relating to confidentiality and <span class=\"dictionary\">discovery<\/span>. <a id=\"paragraph-229906\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> <span class=\"dictionary\">Orders<\/span> and notices of the health regulatory boards relating to disciplinary actions, other than confidential exhibits described in subsection K, shall be disclosed. Information on the date and location of any disciplinary proceeding, <span class=\"dictionary\">allegations<\/span> against the respondent, and the list of <span class=\"dictionary\">statutes<\/span> and regulations the respondent is alleged to have violated shall be provided to the source of the complaint or report by the relevant board prior to the proceeding. The source shall be notified of the <span class=\"dictionary\">disposition<\/span> of a disciplinary case. <a id=\"paragraph-229907\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> This section shall not prohibit investigative staff authorized under &#xA7; <a class=\"law\" title=\"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director\" href=\"\/54.1-2506\/\">54.1-2506<\/a> or investigative staff of any other agency to which disclosure of information about a suspected violation of state or federal <span class=\"dictionary\">law<\/span> or regulation is authorized by subsection F from interviewing <span class=\"dictionary\">fact<\/span> witnesses, disclosing to <span class=\"dictionary\">fact<\/span> witnesses the identity of the subject of the complaint or report, or reviewing with <span class=\"dictionary\">fact<\/span> witnesses any portion of records or other supporting documentation necessary to refresh the <span class=\"dictionary\">fact<\/span> witnesses&#8217; recollection. <a id=\"paragraph-229908\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Any person found guilty of the unlawful disclosure of confidential information possessed by a health regulatory board shall be guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-229909\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> In disciplinary actions in which a practitioner is or may be unable to practice with reasonable skill and safety to patients and the public because of a mental or physical disability, a health regulatory board shall consider whether to disclose and may decide not to disclose in its notice or <span class=\"dictionary\">order<\/span> the practitioner&#8217;s health records, as defined in &#xA7; <a class=\"law\" title=\"Health records privacy\" href=\"\/32.1-127.1_03\/\">32.1-127.1:03<\/a>, or his health services, as defined in &#xA7; <a class=\"law\" title=\"Health records privacy\" href=\"\/32.1-127.1_03\/\">32.1-127.1:03<\/a>. Such information may be considered by the relevant board in a closed <span class=\"dictionary\">hearing<\/span> in accordance with subdivision A 16 of &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes\" href=\"\/2.2-3711\/\">2.2-3711<\/a> and included in a confidential exhibit to a notice or <span class=\"dictionary\">order<\/span>. The public notice or <span class=\"dictionary\">order<\/span> shall identify, if known, the practitioner&#8217;s mental or physical disability that is the basis for its determination. In the event that the relevant board, in its discretion, determines that this subsection should apply, information contained in the confidential exhibit shall remain part of the confidential record before the relevant board and is subject to <span class=\"dictionary\">court<\/span> review under the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.) and to release in accordance with this section. <a id=\"paragraph-229910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2400.2\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONFIDENTIALITY OF INFORMATION OBTAINED DURING AN INVESTIGATION OR DISCIPLINARY\nPROCEEDING; PENALTY (\u00a7 54.1-2400.2)\n\nA. Any reports, information or records received and maintained by the Department\nof Health Professions or any health regulatory board in connection with possible\ndisciplinary proceedings, including any material received or developed by a\nboard during an investigation or proceeding, shall be strictly confidential. The\nDepartment of Health Professions or a board may only disclose such confidential\ninformation:\n\n   1. In a disciplinary proceeding before a board or in any subsequent trial or\n   appeal of an action or order, or to the respondent in entering into a\n   confidential consent agreement under &#xA7; 54.1-2400;\n\n   2. To regulatory authorities concerned with granting, limiting or denying\n   licenses, certificates or registrations to practice a health profession,\n   including the coordinated licensure information system as defined in &#xA7;\n   54.1-3040.2 and the data system as set forth in &#xA7; 54.1-3492;\n\n   3. To the Virginia Department of Education or the State Council of Higher\n   Education for Virginia, if such information relates to nursing or nurse aide\n   education programs regulated by the Board of Nursing;\n\n   4. To hospital committees concerned with granting, limiting or denying\n   hospital privileges if a final determination regarding a violation has been\n   made;\n\n   5. Pursuant to an order of a court of competent jurisdiction for good cause\n   arising from extraordinary circumstances being shown;\n\n   6. To qualified personnel for bona fide research or educational purposes, if\n   personally identifiable information relating to any person is first deleted.\n   Such release shall be made pursuant to a written agreement to ensure\n   compliance with this section; or\n\n   7. To the Health Practitioners&#8217; Monitoring Program within the Department\n   of Health Professions in connection with health practitioners who apply to or\n   participate in the Program.\n\nB. In no event shall confidential information received, maintained or developed\nby the Department of Health Professions or any board, or disclosed by the\nDepartment of Health Professions or a board to others, pursuant to this section,\nbe available for discovery or court subpoena or introduced into evidence in any\ncivil action. This section shall not, however, be construed to inhibit an\ninvestigation or prosecution under Article 1 (&#xA7; 18.2-247 et seq.) of\nChapter 7 of Title 18.2.\n\nC. Any claim of a physician-patient or practitioner-patient privilege shall not\nprevail in any investigation or proceeding by any health regulatory board acting\nwithin the scope of its authority. The disclosure, however, of any information\npursuant to this provision shall not be deemed a waiver of such privilege in any\nother proceeding.\n\nD. This section shall not prohibit the Director of the Department of Health\nProfessions, after consultation with the relevant health regulatory board\npresident or his designee, from disclosing to the Attorney General, or the\nappropriate attorney for the Commonwealth, investigatory information which\nindicates a possible violation of any provision of criminal law, including the\nlaws relating to the manufacture, distribution, dispensing, prescribing or\nadministration of drugs, other than drugs classified as Schedule VI drugs and\ndevices, by any individual regulated by any health regulatory board.\n\nE. This section shall not prohibit the Director of the Department of Health\nProfessions from disclosing matters listed in subdivision A 1, 2, or 3 of &#xA7;\n54.1-2909; from making the reports of aggregate information and summaries\nrequired by &#xA7; 54.1-2400.3; or from disclosing the information required to\nbe made available to the public pursuant to &#xA7; 54.1-2910.1.\n\nF. This section shall not prohibit the Director of the Department of Health\nProfessions, following consultation with the relevant health regulatory board\npresident or his designee, from disclosing information about a suspected\nviolation of state or federal law or regulation to other agencies within the\nHealth and Human Resources Secretariat or to state or federal law-enforcement\nagencies having jurisdiction over the suspected violation or requesting an\ninspection or investigation of a licensee by such state or federal agency when\nthe Director has reason to believe that a possible violation of state or federal\nlaw has occurred. Such disclosure shall not exceed the minimum information\nnecessary to permit the state or federal agency having jurisdiction over the\nsuspected violation of state or federal law to conduct an inspection or\ninvestigation. Disclosures by the Director pursuant to this subsection shall not\nbe limited to requests for inspections or investigations of licensees. Nothing\nin this subsection shall require the Director to make any disclosure. Nothing in\nthis section shall permit any agency to which the Director makes a disclosure\npursuant to this section to re-disclose any information, reports, records, or\nmaterials received from the Department.\n\nG. Whenever a complaint or report has been filed about a person licensed,\ncertified, or registered by a health regulatory board, the source and the\nsubject of a complaint or report shall be provided information about the\ninvestigative and disciplinary procedures at the Department of Health\nProfessions. Prior to interviewing a licensee who is the subject of a complaint\nor report, or at the time that the licensee is first notified in writing of the\ncomplaint or report, whichever shall occur first, the licensee shall be provided\nwith a copy of the complaint or report and any records or supporting\ndocumentation, unless such provision would materially obstruct a criminal or\nregulatory investigation. If the relevant board concludes that a disciplinary\nproceeding will not be instituted, the board may send an advisory letter to the\nperson who was the subject of the complaint or report. The relevant board may\nalso inform the source of the complaint or report (i) that an investigation has\nbeen conducted, (ii) that the matter was concluded without a disciplinary\nproceeding, (iii) of the process the board followed in making its determination,\nand (iv), if appropriate, that an advisory letter from the board has been\ncommunicated to the person who was the subject of the complaint or report. In\nproviding such information, the board shall inform the source of the complaint\nor report that he is subject to the requirements of this section relating to\nconfidentiality and discovery.\n\nH. Orders and notices of the health regulatory boards relating to disciplinary\nactions, other than confidential exhibits described in subsection K, shall be\ndisclosed. Information on the date and location of any disciplinary proceeding,\nallegations against the respondent, and the list of statutes and regulations the\nrespondent is alleged to have violated shall be provided to the source of the\ncomplaint or report by the relevant board prior to the proceeding. The source\nshall be notified of the disposition of a disciplinary case.\n\nI. This section shall not prohibit investigative staff authorized under &#xA7;\n54.1-2506 or investigative staff of any other agency to which disclosure of\ninformation about a suspected violation of state or federal law or regulation is\nauthorized by subsection F from interviewing fact witnesses, disclosing to fact\nwitnesses the identity of the subject of the complaint or report, or reviewing\nwith fact witnesses any portion of records or other supporting documentation\nnecessary to refresh the fact witnesses&#8217; recollection.\n\nJ. Any person found guilty of the unlawful disclosure of confidential\ninformation possessed by a health regulatory board shall be guilty of a Class 1\nmisdemeanor.\n\nK. In disciplinary actions in which a practitioner is or may be unable to\npractice with reasonable skill and safety to patients and the public because of\na mental or physical disability, a health regulatory board shall consider\nwhether to disclose and may decide not to disclose in its notice or order the\npractitioner&#8217;s health records, as defined in &#xA7; 32.1-127.1:03, or his\nhealth services, as defined in &#xA7; 32.1-127.1:03. Such information may be\nconsidered by the relevant board in a closed hearing in accordance with\nsubdivision A 16 of &#xA7; 2.2-3711 and included in a confidential exhibit to a\nnotice or order. The public notice or order shall identify, if known, the\npractitioner&#8217;s mental or physical disability that is the basis for its\ndetermination. In the event that the relevant board, in its discretion,\ndetermines that this subsection should apply, information contained in the\nconfidential exhibit shall remain part of the confidential record before the\nrelevant board and is subject to court review under the Administrative Process\nAct (&#xA7; 2.2-4000 et seq.) and to release in accordance with this section.\n\nHISTORY: 1997, c. 698; 1998, c. 744; 1999, c. 888; 2003, cc. 753, 762; 2004, c.\n49; 2006, cc. 155, 184; 2007, c. 395; 2009, cc. 342, 472; 2015, c. 114; 2016, c.\n222; 2017, c. 616; 2019, cc. 300, 418, 663.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}