{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2517.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2517.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2517.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2517.html"}],"law_id":64901,"edition_id":1,"section_id":64901,"structure_id":14994,"section_number":"54.1-2517","catch_line":"Health Practitioners’ Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","history":"1997, c. 439; 1999, cc. 703, 726; 2004, c. 690; 2009, c. 472; 2016, c. 105; 2017, c. 778.","full_text":"A\n\nThe Health Practitioners’ Monitoring Program Committee shall consist of nine persons appointed by the Director to advise and assist in the operation of the Program, of whom eight shall be licensed, certified, or registered practitioners and one shall be a citizen member. Of the members who are licensed, certified, or registered practitioners, at least one shall be licensed to practice medicine or osteopathy in Virginia and engaged in active clinical practice, at least one shall be a registered nurse engaged in active practice, and all shall be knowledgeable about impairment and rehabilitation, particularly as related to the monitoring of health care practitioners. The Committee shall have the following powers and duties:1\n\nTo determine, in accordance with the regulations, eligibility to enter into the Program;2\n\nTo determine, in accordance with the regulations, those Program participants who are eligible for stayed disciplinary action;3\n\nTo enter into written contracts with practitioners which may include, among other terms and conditions, withdrawal from practice or limitations on the scope of the practice for a period of time;4\n\nTo report to the Director and the health regulatory boards as necessary on the status of applicants for and participants in the Program;5\n\nTo report to the Director, at least annually, on the performance of the Program; and6\n\nTo assist the Director in carrying out the provisions of this chapter.B\n\nRecords of the Program, to the extent such records identify individual practitioners in the Program, shall be privileged and confidential, and shall not be disclosed consistent with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such records shall be used only in the exercise of the proper functions as set forth in this chapter and shall not be public records nor shall such records be subject to court order, except as provided in subdivision C 4, or be subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except those conducted by a health regulatory board.C\n\nNotwithstanding the provisions of subsection B and of subdivision 2 of \u00a7 2.2-3705.5, the Committee may disclose such records relative to an impaired practitioner only:1\n\nWhen disclosure of the information is essential to the monitoring needs of the impaired practitioner;2\n\nWhen release of the information has been authorized in writing by the impaired practitioner;3\n\nTo a health regulatory board within the Department of Health Professions; or4\n\nWhen an order by a court of competent jurisdiction has been granted, upon a showing of good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate protections against unauthorized disclosures.D\n\nPursuant to subdivision A 24 of § 2.2-3711, the proceedings of the Committee which in any way pertain or refer to a specific practitioner who may be, or who is actually, impaired and who may be or is, by reason of such impairment, subject to disciplinary action by the relevant board shall be excluded from the requirements of the Freedom of Information Act (§ 2.2-3700 et seq.) and may be closed. Such proceedings shall be privileged and confidential.E\n\nThe members of the Committee shall be immune from liability resulting from the exercise of the powers and duties of the Committee as provided in § 8.01-581.13.","order_by":null,"text":{"0":{"id":236139,"text":"The Health Practitioners’ Monitoring Program Committee shall consist of nine persons appointed by the Director to advise and assist in the operation of the Program, of whom eight shall be licensed, certified, or registered practitioners and one shall be a citizen member. Of the members who are licensed, certified, or registered practitioners, at least one shall be licensed to practice medicine or osteopathy in Virginia and engaged in active clinical practice, at least one shall be a registered nurse engaged in active practice, and all shall be knowledgeable about impairment and rehabilitation, particularly as related to the monitoring of health care practitioners. The Committee shall have the following powers and duties:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":236140,"text":"To determine, in accordance with the regulations, eligibility to enter into the Program;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":236141,"text":"To determine, in accordance with the regulations, those Program participants who are eligible for stayed disciplinary action;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":236142,"text":"To enter into written contracts with practitioners which may include, among other terms and conditions, withdrawal from practice or limitations on the scope of the practice for a period of time;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":236143,"text":"To report to the Director and the health regulatory boards as necessary on the status of applicants for and participants in the Program;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":236144,"text":"To report to the Director, at least annually, on the performance of the Program; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":236145,"text":"To assist the Director in carrying out the provisions of this chapter.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":236146,"text":"Records of the Program, to the extent such records identify individual practitioners in the Program, shall be privileged and confidential, and shall not be disclosed consistent with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such records shall be used only in the exercise of the proper functions as set forth in this chapter and shall not be public records nor shall such records be subject to court order, except as provided in subdivision C 4, or be subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except those conducted by a health regulatory board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":236147,"text":"Notwithstanding the provisions of subsection B and of subdivision 2 of \u00a7 2.2-3705.5, the Committee may disclose such records relative to an impaired practitioner only:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"9":{"id":236148,"text":"When disclosure of the information is essential to the monitoring needs of the impaired practitioner;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":236149,"text":"When release of the information has been authorized in writing by the impaired practitioner;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":236150,"text":"To a health regulatory board within the Department of Health Professions; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":236151,"text":"When an order by a court of competent jurisdiction has been granted, upon a showing of good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate protections against unauthorized disclosures.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"13":{"id":236152,"text":"Pursuant to subdivision A 24 of § 2.2-3711, the proceedings of the Committee which in any way pertain or refer to a specific practitioner who may be, or who is actually, impaired and who may be or is, by reason of such impairment, subject to disciplinary action by the relevant board shall be excluded from the requirements of the Freedom of Information Act (§ 2.2-3700 et seq.) and may be closed. Such proceedings shall be privileged and confidential.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"14":{"id":236153,"text":"The members of the Committee shall be immune from liability resulting from the exercise of the powers and duties of the Committee as provided in § 8.01-581.13.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14994,"edition_id":1,"name":"Health Practitioners' Monitoring Program","identifier":"25.1","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:51:22","date_modified":"2026-06-26 03:51:22","permalink":{"id":241353,"object_type":"structure","relational_id":14994,"identifier":"25.1","token":"54.1\/III\/25.1","url":"\/54.1\/III\/25.1\/","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":66603,"structure_id":14994,"section_number":"54.1-2515","catch_line":"Definitions","url":"\/54.1-2515\/","token":"54.1\/III\/25.1\/54.1-2515","metadata":false},{"id":57201,"structure_id":14994,"section_number":"54.1-2516","catch_line":"Program established; practitioner participation; disciplinary action stayed under certain conditions","url":"\/54.1-2516\/","token":"54.1\/III\/25.1\/54.1-2516","metadata":false},{"id":64901,"structure_id":14994,"section_number":"54.1-2517","catch_line":"Health Practitioners' Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","url":"\/54.1-2517\/","token":"54.1\/III\/25.1\/54.1-2517","metadata":false},{"id":59082,"structure_id":14994,"section_number":"54.1-2518","catch_line":"Investigation by Department or other authorized official; prosecution for violations of law","url":"\/54.1-2518\/","token":"54.1\/III\/25.1\/54.1-2518","metadata":false}],"previous_section":{"id":57201,"structure_id":14994,"section_number":"54.1-2516","catch_line":"Program established; practitioner participation; disciplinary action stayed under certain conditions","url":"\/54.1-2516\/","token":"54.1\/III\/25.1\/54.1-2516","metadata":false},"next_section":{"id":59082,"structure_id":14994,"section_number":"54.1-2518","catch_line":"Investigation by Department or other authorized official; prosecution for violations of law","url":"\/54.1-2518\/","token":"54.1\/III\/25.1\/54.1-2518","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2517\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 439<\/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 5 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 1999, chapters 703<\/a> and 726<\/a>; in 2004, chapter 690<\/a>; in 2009, chapter 472<\/a>; in 2016, chapter 105<\/a>; in 2017, chapter 778<\/a>.<\/p>","references":[{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":66603,"section_number":"54.1-2515","catch_line":"Definitions","order_by":null,"url":"\/54.1-2515\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"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":59392,"section_number":"8.01-581.13","catch_line":"Civil immunity for certain health professionals and health profession students serving as members of certain entities","order_by":null,"url":"\/8.01-581.13\/"}],"permalink":{"id":241363,"object_type":"law","relational_id":64901,"identifier":"54.1-2517","token":"54.1\/III\/25.1\/54.1-2517","url":"\/54.1-2517\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2517\/","token":"54.1\/III\/25.1\/54.1-2517","dublin_core":{"Title":"Health Practitioners’ Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2517","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Health Practitioners<\/span>’ Monitoring Program<\/span> Committee<\/span> shall consist of nine persons appointed by the Director to advise and assist in the operation of the Program<\/span>, of whom eight shall be licensed, certified, or registered practitioners<\/span> and one shall be a citizen member. Of the members who are licensed, certified, or registered practitioners<\/span>, at least one shall be licensed to practice medicine or osteopathy in Virginia and engaged in active clinical practice, at least one shall be a registered nurse engaged in active practice, and all shall be knowledgeable about impairment<\/span> and rehabilitation, particularly as related to the monitoring of health care practitioners<\/span>. The Committee<\/span> shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To determine, in accordance with the regulations, eligibility to enter into the Program<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To determine, in accordance with the regulations, those Program<\/span> participants who are eligible for stayed disciplinary action<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To enter into written contracts<\/span> with practitioners<\/span> which may include, among other terms and conditions, withdrawal from practice or limitations on the scope of the practice for a period of time; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To report to the Director and the health regulatory boards as necessary on the status of applicants for and participants in the Program<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To report to the Director, at least annually, on the performance of the Program<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To assist the Director in carrying out the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Records of the Program<\/span>, to the extent such records identify individual practitioners<\/span> in the Program<\/span>, shall be privileged and confidential, and shall not be disclosed consistent with the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). Such records shall be used only in the exercise of the proper functions as set forth in this chapter and shall not be public records nor shall such records be subject to court order<\/span>, except as provided in subdivision C 4, or be subject to discovery<\/span> or introduction as evidence<\/span> in any civil, criminal, or administrative proceedings except those conducted by a health regulatory board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B and of subdivision 2 of \u00a7 2.2-3705.5<\/a>, the Committee<\/span> may disclose such records relative to an impaired practitioner<\/span> only: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When disclosure of the information is essential to the monitoring needs of the impaired practitioner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When release of the information has been authorized in writing by the impaired practitioner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To a health regulatory board within the Department of Health Professions; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> When an order by a court of competent jurisdiction<\/span> has been granted, upon a showing of good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate protections against unauthorized disclosures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Pursuant to subdivision A 24 of § 2.2-3711<\/a>, the proceedings of the Committee<\/span> which in any way pertain or refer to a specific practitioner<\/span> who may be, or who is actually, impaired and who may be or is, by reason of such impairment<\/span>, subject to disciplinary action<\/span> by the relevant board shall be excluded from the requirements of the Freedom of Information Act (§ 2.2-3700<\/a> et seq.) and may be closed. Such proceedings shall be privileged and confidential. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The members of the Committee<\/span> shall be immune from liability resulting from the exercise of the powers and duties of the Committee<\/span> as provided in § 8.01-581.13<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEALTH PRACTITIONERS’ MONITORING PROGRAM COMMITTEE; CERTAIN MEETINGS,\nDECISIONS TO BE EXCEPTED FROM THE FREEDOM OF INFORMATION ACT; CONFIDENTIALITY OF\nRECORDS; IMMUNITY FROM LIABILITY (\u00a7 54.1-2517)\n\nA. The Health Practitioners’ Monitoring Program Committee shall consist of\nnine persons appointed by the Director to advise and assist in the operation of\nthe Program, of whom eight shall be licensed, certified, or registered\npractitioners and one shall be a citizen member. Of the members who are\nlicensed, certified, or registered practitioners, at least one shall be licensed\nto practice medicine or osteopathy in Virginia and engaged in active clinical\npractice, at least one shall be a registered nurse engaged in active practice,\nand all shall be knowledgeable about impairment and rehabilitation, particularly\nas related to the monitoring of health care practitioners. The Committee shall\nhave the following powers and duties:\n\n 1. To determine, in accordance with the regulations, eligibility to enter into\n the Program;\n\n 2. To determine, in accordance with the regulations, those Program\n participants who are eligible for stayed disciplinary action;\n\n 3. To enter into written contracts with practitioners which may include, among\n other terms and conditions, withdrawal from practice or limitations on the\n scope of the practice for a period of time;\n\n 4. To report to the Director and the health regulatory boards as necessary on\n the status of applicants for and participants in the Program;\n\n 5. To report to the Director, at least annually, on the performance of the\n Program; and\n\n 6. To assist the Director in carrying out the provisions of this chapter.\n\nB. Records of the Program, to the extent such records identify individual\npractitioners in the Program, shall be privileged and confidential, and shall\nnot be disclosed consistent with the Virginia Freedom of Information Act (§\n2.2-3700 et seq.). Such records shall be used only in the exercise of the proper\nfunctions as set forth in this chapter and shall not be public records nor shall\nsuch records be subject to court order, except as provided in subdivision C 4,\nor be subject to discovery or introduction as evidence in any civil, criminal,\nor administrative proceedings except those conducted by a health regulatory\nboard.\n\nC. Notwithstanding the provisions of subsection B and of subdivision 2 of \u00a7\n2.2-3705.5, the Committee may disclose such records relative to an impaired\npractitioner only:\n\n 1. When disclosure of the information is essential to the monitoring needs of\n the impaired practitioner;\n\n 2. When release of the information has been authorized in writing by the\n impaired practitioner;\n\n 3. To a health regulatory board within the Department of Health Professions;\n or\n\n 4. When an order by a court of competent jurisdiction has been granted, upon a\n showing of good cause therefor, including the need to avert a substantial risk\n of death or serious bodily harm. In assessing good cause, the court shall\n weigh the public interest and the need for disclosure against the injury to\n the patient, to the physician-patient relationship, and to the treatment\n services. Upon the granting of such order, the court, in determining the\n extent to which any disclosure of all or any part of any record is necessary,\n shall impose appropriate protections against unauthorized disclosures.\n\nD. Pursuant to subdivision A 24 of § 2.2-3711, the proceedings of the\nCommittee which in any way pertain or refer to a specific practitioner who may\nbe, or who is actually, impaired and who may be or is, by reason of such\nimpairment, subject to disciplinary action by the relevant board shall be\nexcluded from the requirements of the Freedom of Information Act (§\n2.2-3700 et seq.) and may be closed. Such proceedings shall be privileged and\nconfidential.\n\nE. The members of the Committee shall be immune from liability resulting from\nthe exercise of the powers and duties of the Committee as provided in §\n8.01-581.13.\n\nHISTORY: 1997, c. 439; 1999, cc. 703, 726; 2004, c. 690; 2009, c. 472; 2016, c.\n105; 2017, c. 778.","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}}