{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2405.html"}],"law_id":74920,"edition_id":1,"section_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","history":"1992, c. 759; 2003, cc. 912, 917; 2004, c. 53; 2022, c. 73.","full_text":"A\n\nNo person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient in conjunction with the closure, sale or relocation of a professional practice until such person has first attempted to notify the patient of the pending transfer, either electronically or by mail, at the patient’s last known address, and by publishing prior notice in a newspaper of general circulation within the provider’s practice area, as specified in § 8.01-324.\n\t\t\tThe notice shall specify that, at the written request of the patient or an authorized representative, the records or copies will be sent, within a reasonable time, to any other like-regulated provider of the patient’s choice or provided to the patient pursuant to § 32.1-127.1:03. The notice shall also disclose whether any charges will be billed by the provider for supplying the patient or the provider chosen by the patient with the originals or copies of the patient’s records. Such charges shall not exceed the actual costs of copying and mailing or delivering the records.B\n\nFor the purposes of this section:\n\t\t\t“Current patient” means a patient who has had a patient encounter with the provider or his professional practice during the two-year period immediately preceding the date of the record transfer.\n\t\t\t“Relocation of a professional practice” means the moving of a practice located in Virginia from the location at which the records are stored at the time of the notice to another practice site that is located more than 30 miles away or to another practice site that is located in another state or the District of Columbia.","order_by":null,"text":{"0":{"id":269126,"text":"No person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient in conjunction with the closure, sale or relocation of a professional practice until such person has first attempted to notify the patient of the pending transfer, either electronically or by mail, at the patient’s last known address, and by publishing prior notice in a newspaper of general circulation within the provider’s practice area, as specified in § 8.01-324.\n\t\t\tThe notice shall specify that, at the written request of the patient or an authorized representative, the records or copies will be sent, within a reasonable time, to any other like-regulated provider of the patient’s choice or provided to the patient pursuant to § 32.1-127.1:03. The notice shall also disclose whether any charges will be billed by the provider for supplying the patient or the provider chosen by the patient with the originals or copies of the patient’s records. Such charges shall not exceed the actual costs of copying and mailing or delivering the records.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269127,"text":"For the purposes of this section:\n\t\t\t“Current patient” means a patient who has had a patient encounter with the provider or his professional practice during the two-year period immediately preceding the date of the record transfer.\n\t\t\t“Relocation of a professional practice” means the moving of a practice located in Virginia from the location at which the records are stored at the time of the notice to another practice site that is located more than 30 miles away or to another practice site that is located in another state or the District of Columbia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2405\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 759 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. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2003, chapters 912<\/a> and 917<\/a>; in 2004, chapter 53<\/a>; in 2022, chapter 73<\/a>.<\/p>","references":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"refers_to":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":62668,"section_number":"8.01-324","catch_line":"Newspapers that may be used for legal notices and publications","order_by":null,"url":"\/8.01-324\/"}],"permalink":{"id":241217,"object_type":"law","relational_id":74920,"identifier":"54.1-2405","token":"54.1\/III\/24\/54.1-2405","url":"\/54.1-2405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2405\/","token":"54.1\/III\/24\/54.1-2405","dublin_core":{"Title":"Transfer of patient records in conjunction with closure, sale, or relocation of practice; notice required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient<\/span> in conjunction with the closure, sale or relocation of a professional practice<\/span> until such person has first attempted to notify the patient of the pending transfer, either electronically or by mail, at the patient’s last known address, and by publishing prior notice in a newspaper of general circulation within the provider’s practice area, as specified in § 8.01-324<\/a>.\n\t\t\tThe notice shall specify that, at the written request of the patient or an authorized representative, the records or copies will be sent, within a reasonable time, to any other like-regulated provider of the patient’s choice or provided to the patient pursuant to § 32.1-127.1:03<\/a>. The notice shall also disclose whether any charges will be billed by the provider for supplying the patient or the provider chosen by the patient with the originals or copies of the patient’s records. Such charges shall not exceed the actual costs of copying and mailing or delivering the records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section:\n\t\t\t“Current patient<\/span>” means a patient who has had a patient encounter with the provider or his professional practice during the two-year period immediately preceding the date of the record transfer.\n\t\t\t“Relocation of a professional practice<\/span>” means the moving of a practice located in Virginia from the location at which the records are stored at the time of the notice to another practice site that is located more than 30 miles away or to another practice site that is located in another state or the District of Columbia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OF PATIENT RECORDS IN CONJUNCTION WITH CLOSURE, SALE, OR RELOCATION OF\nPRACTICE; NOTICE REQUIRED (\u00a7 54.1-2405)\n\nA. No person licensed, registered, or certified by one of the health regulatory\nboards under the Department shall transfer records pertaining to a current\npatient in conjunction with the closure, sale or relocation of a professional\npractice until such person has first attempted to notify the patient of the\npending transfer, either electronically or by mail, at the patient’s last\nknown address, and by publishing prior notice in a newspaper of general\ncirculation within the provider’s practice area, as specified in §\n8.01-324.\n\t\t\tThe notice shall specify that, at the written request of the patient or an\nauthorized representative, the records or copies will be sent, within a\nreasonable time, to any other like-regulated provider of the patient’s\nchoice or provided to the patient pursuant to § 32.1-127.1:03. The notice\nshall also disclose whether any charges will be billed by the provider for\nsupplying the patient or the provider chosen by the patient with the originals\nor copies of the patient’s records. Such charges shall not exceed the\nactual costs of copying and mailing or delivering the records.\n\nB. For the purposes of this section:\n\t\t\t“Current patient” means a patient who has had a patient encounter\nwith the provider or his professional practice during the two-year period\nimmediately preceding the date of the record transfer.\n\t\t\t“Relocation of a professional practice” means the moving of a\npractice located in Virginia from the location at which the records are stored\nat the time of the notice to another practice site that is located more than 30\nmiles away or to another practice site that is located in another state or the\nDistrict of Columbia.\n\nHISTORY: 1992, c. 759; 2003, cc. 912, 917; 2004, c. 53; 2022, c. 73.","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}}