{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2523.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2523.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2523.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2523.html"}],"law_id":56919,"edition_id":1,"section_id":56919,"structure_id":13315,"section_number":"54.1-2523","catch_line":"Confidentiality of data; disclosure of information; discretionary authority of Director","history":"2002, c. 481; 2004, c. 690; 2005, cc. 637, 678; 2009, cc. 158, 162, 472; 2012, cc. 21, 71; 2013, c. 739; 2014, cc. 12, 97; 2015, cc. 118, 507; 2016, cc. 309, 410, 447, 568; 2017, cc. 186, 778; 2018, c. 108; 2019, c. 679; 2020, cc. 1066, 1067; 2023, cc. 628, 629; 2024, c. 33.","full_text":"A\n\nAll data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5. Records in possession of the Prescription Monitoring Program shall not be available for civil subpoena, nor shall such records be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in any civil proceeding for any reason. Further, the Director shall only have discretion to disclose any such information as provided in subsections B and C.B\n\nUpon receiving a request for information in accordance with the Department’s regulations and in compliance with applicable federal law and regulations, the Director shall disclose the following:1\n\nInformation relevant to a specific investigation of a specific recipient or of a specific dispenser or prescriber to an agent who has completed the Virginia State Police Drug Diversion School designated by the superintendent of the Department of State Police or designated by the chief law-enforcement officer of any county, city, or town or campus police department to conduct drug diversion investigations pursuant to § 54.1-3405.2\n\nInformation relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board; information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial or appeal of an action or board order to designated employees of the Department of Health Professions; or to designated persons operating the Health Practitioners’ Monitoring Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.).3\n\nInformation relevant to the proceedings of any investigatory grand jury or special grand jury that has been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.4\n\nInformation relevant to a specific investigation of a specific recipient, dispenser, or prescriber to an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.5\n\nInformation relevant to a specific investigation, supervision, or monitoring of a specific recipient for purposes of the administration of criminal justice pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 to a probation or parole officer as described in Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title 53.1, a local community-based probation officer as described in § 9.1-176.1, a drug court administrator as described in § 18.2-254.1, or a behavioral health docket administrator as described in § 18.2-254.3 who has completed the Virginia State Police Drug Diversion School designated by the Director of the Department of Corrections or his designee.6\n\nInformation relevant to a specific investigation of a specific individual into a possible delivery of a controlled substance in violation of § 18.2-474.1 to an investigator for the Department of Corrections who has completed the Virginia State Police Drug Diversion School and who has been designated by the Director of the Department of Corrections or his designee.7\n\nInformation about a specific recipient to the Smartchart Network Program in accordance with subdivision B 7 of § 32.1-372.C\n\nIn accordance with the Department’s regulations and applicable federal law and regulations, the Director may, in his discretion, disclose:1\n\nInformation in the possession of the Prescription Monitoring Program concerning a recipient who is over the age of 18 to that recipient. The information shall be mailed to the street or mailing address indicated on the recipient request form.2\n\nInformation on a specific recipient to a prescriber, as defined in this chapter, for the purpose of establishing the treatment history of the specific recipient when such recipient is either under care and treatment by the prescriber or the prescriber is consulting on or initiating treatment of such recipient. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the prescriber from the Prescription Monitoring Program.3\n\nInformation on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in (i) determining the validity of a prescription in accordance with § 54.1-3303 or (ii) providing clinical consultation on the care and treatment of the recipient. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the dispenser from the Prescription Monitoring Program.4\n\nInformation relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession when such regulatory authority licenses such dispenser or prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority.5\n\nInformation relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient who is currently eligible for and receiving or who has been eligible for and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the Department of Medical Assistance Services, as appropriate.6\n\nInformation relevant to determination of the cause of death of a specific recipient to the designated employees of the Office of the Chief Medical Examiner.7\n\nInformation for the purpose of bona fide research or education to qualified personnel; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from such information prior to disclosure. Further, release of the information shall only be made pursuant to a written agreement between such qualified personnel and the Director in order to ensure compliance with this subdivision.8\n\nInformation relating to prescriptions for covered substances issued by a specific prescriber, which have been dispensed and reported to the Prescription Monitoring Program, to that prescriber.9\n\nInformation about a specific recipient who is a member of a Virginia Medicaid managed care program to a physician or pharmacist licensed in the Commonwealth and employed by the Virginia Medicaid managed care program or to his clinical designee who holds a multistate licensure privilege to practice nursing or a license issued by a health regulatory board within the Department of Health Professions and is employed by the Virginia Medicaid managed care program. Such information shall only be used to determine eligibility for and to manage the care of the specific recipient in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients that information may be requested by a licensed physician or pharmacist employed by the Virginia Medicaid managed care program from the Prescription Monitoring Program.10\n\n[Expired.]11\n\nInformation about a specific recipient who is currently eligible for and receiving medical assistance from the Department of Medical Assistance Services to a physician or pharmacist licensed in the Commonwealth or to his clinical designee who holds a multistate licensure privilege to practice nursing or a license issued by a health regulatory board within the Department of Health Professions and is employed by the Department of Medical Assistance Services.\n\t\t\t\tSuch information shall be used only to determine eligibility for and to manage the care of the specific recipient in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients that information may be requested by a licensed physician or pharmacist employed by the Department of Medical Assistance Services from the Prescription Monitoring Program.D\n\nThe Director may enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions, which shall only use the information for purposes allowed by this chapter.E\n\nThis section shall not be construed to supersede the provisions of § 54.1-3406 concerning the divulging of confidential records relating to investigative information.F\n\nConfidential information that has been received, maintained or developed by any board or disclosed by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or court subpoena or introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.","order_by":null,"text":{"0":{"id":208476,"text":"All data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5. Records in possession of the Prescription Monitoring Program shall not be available for civil subpoena, nor shall such records be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in any civil proceeding for any reason. Further, the Director shall only have discretion to disclose any such information as provided in subsections B and C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208477,"text":"Upon receiving a request for information in accordance with the Department’s regulations and in compliance with applicable federal law and regulations, the Director shall disclose the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":208478,"text":"Information relevant to a specific investigation of a specific recipient or of a specific dispenser or prescriber to an agent who has completed the Virginia State Police Drug Diversion School designated by the superintendent of the Department of State Police or designated by the chief law-enforcement officer of any county, city, or town or campus police department to conduct drug diversion investigations pursuant to § 54.1-3405.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":208479,"text":"Information relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board; information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial or appeal of an action or board order to designated employees of the Department of Health Professions; or to designated persons operating the Health Practitioners’ Monitoring Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.).","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":208480,"text":"Information relevant to the proceedings of any investigatory grand jury or special grand jury that has been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":208481,"text":"Information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":208482,"text":"Information relevant to a specific investigation, supervision, or monitoring of a specific recipient for purposes of the administration of criminal justice pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 to a probation or parole officer as described in Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title 53.1, a local community-based probation officer as described in § 9.1-176.1, a drug court administrator as described in § 18.2-254.1, or a behavioral health docket administrator as described in § 18.2-254.3 who has completed the Virginia State Police Drug Diversion School designated by the Director of the Department of Corrections or his designee.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":208483,"text":"Information relevant to a specific investigation of a specific individual into a possible delivery of a controlled substance in violation of § 18.2-474.1 to an investigator for the Department of Corrections who has completed the Virginia State Police Drug Diversion School and who has been designated by the Director of the Department of Corrections or his designee.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":208484,"text":"Information about a specific recipient to the Smartchart Network Program in accordance with subdivision B 7 of § 32.1-372.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":208485,"text":"In accordance with the Department’s regulations and applicable federal law and regulations, the Director may, in his discretion, disclose:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"C1"},"10":{"id":208486,"text":"Information in the possession of the Prescription Monitoring Program concerning a recipient who is over the age of 18 to that recipient. The information shall be mailed to the street or mailing address indicated on the recipient request form.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"11":{"id":208487,"text":"Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose of establishing the treatment history of the specific recipient when such recipient is either under care and treatment by the prescriber or the prescriber is consulting on or initiating treatment of such recipient. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the prescriber from the Prescription Monitoring Program.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"12":{"id":208488,"text":"Information on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in (i) determining the validity of a prescription in accordance with § 54.1-3303 or (ii) providing clinical consultation on the care and treatment of the recipient. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the dispenser from the Prescription Monitoring Program.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"13":{"id":208489,"text":"Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession when such regulatory authority licenses such dispenser or prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"14":{"id":208490,"text":"Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient who is currently eligible for and receiving or who has been eligible for and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the Department of Medical Assistance Services, as appropriate.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"15":{"id":208491,"text":"Information relevant to determination of the cause of death of a specific recipient to the designated employees of the Office of the Chief Medical Examiner.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"16":{"id":208492,"text":"Information for the purpose of bona fide research or education to qualified personnel; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from such information prior to disclosure. Further, release of the information shall only be made pursuant to a written agreement between such qualified personnel and the Director in order to ensure compliance with this subdivision.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"17":{"id":208493,"text":"Information relating to prescriptions for covered substances issued by a specific prescriber, which have been dispensed and reported to the Prescription Monitoring Program, to that prescriber.","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"18":{"id":208494,"text":"Information about a specific recipient who is a member of a Virginia Medicaid managed care program to a physician or pharmacist licensed in the Commonwealth and employed by the Virginia Medicaid managed care program or to his clinical designee who holds a multistate licensure privilege to practice nursing or a license issued by a health regulatory board within the Department of Health Professions and is employed by the Virginia Medicaid managed care program. Such information shall only be used to determine eligibility for and to manage the care of the specific recipient in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients that information may be requested by a licensed physician or pharmacist employed by the Virginia Medicaid managed care program from the Prescription Monitoring Program.","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"19":{"id":208495,"text":"[Expired.]","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"C11"},"20":{"id":208496,"text":"Information about a specific recipient who is currently eligible for and receiving medical assistance from the Department of Medical Assistance Services to a physician or pharmacist licensed in the Commonwealth or to his clinical designee who holds a multistate licensure privilege to practice nursing or a license issued by a health regulatory board within the Department of Health Professions and is employed by the Department of Medical Assistance Services.\n\t\t\t\tSuch information shall be used only to determine eligibility for and to manage the care of the specific recipient in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients that information may be requested by a licensed physician or pharmacist employed by the Department of Medical Assistance Services from the Prescription Monitoring Program.","type":"section","prefixes":["C","11"],"prefix":"11","entire_prefix":"C11","prefix_anchor":"C11","level":2,"prior_prefix":"C10","next_prefix":"D"},"21":{"id":208497,"text":"The Director may enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions, which shall only use the information for purposes allowed by this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C11","next_prefix":"E"},"22":{"id":208498,"text":"This section shall not be construed to supersede the provisions of § 54.1-3406 concerning the divulging of confidential records relating to investigative information.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"23":{"id":208499,"text":"Confidential information that has been received, maintained or developed by any board or disclosed by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or court subpoena or introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13315,"edition_id":1,"name":"Prescription Monitoring Program","identifier":"25.2","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:37","date_modified":"2026-06-26 03:44:37","permalink":{"id":241371,"object_type":"structure","relational_id":13315,"identifier":"25.2","token":"54.1\/III\/25.2","url":"\/54.1\/III\/25.2\/","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":68394,"structure_id":13315,"section_number":"54.1-2519","catch_line":"Definitions","url":"\/54.1-2519\/","token":"54.1\/III\/25.2\/54.1-2519","metadata":false},{"id":55075,"structure_id":13315,"section_number":"54.1-2520","catch_line":"Program establishment; Director's regulatory authority","url":"\/54.1-2520\/","token":"54.1\/III\/25.2\/54.1-2520","metadata":false},{"id":64843,"structure_id":13315,"section_number":"54.1-2521","catch_line":"(Effective July 1, 2026) Reporting requirements","url":"\/54.1-2521\/","token":"54.1\/III\/25.2\/54.1-2521","metadata":false},{"id":69685,"structure_id":13315,"section_number":"54.1-2522","catch_line":"(Effective July 1, 2026) Reporting exemptions","url":"\/54.1-2522\/","token":"54.1\/III\/25.2\/54.1-2522","metadata":false},{"id":72705,"structure_id":13315,"section_number":"54.1-2522.1","catch_line":"(Effective July 1, 2027) Requirements of practitioners","url":"\/54.1-2522.1\/","token":"54.1\/III\/25.2\/54.1-2522.1","metadata":false},{"id":67799,"structure_id":13315,"section_number":"54.1-2522.2","catch_line":"Requirements for dispensers","url":"\/54.1-2522.2\/","token":"54.1\/III\/25.2\/54.1-2522.2","metadata":false},{"id":56919,"structure_id":13315,"section_number":"54.1-2523","catch_line":"Confidentiality of data; disclosure of information; discretionary authority of Director","url":"\/54.1-2523\/","token":"54.1\/III\/25.2\/54.1-2523","metadata":false},{"id":74465,"structure_id":13315,"section_number":"54.1-2523.1","catch_line":"Criteria for indicators of misuse; Director's authority to disclose information; intervention","url":"\/54.1-2523.1\/","token":"54.1\/III\/25.2\/54.1-2523.1","metadata":false},{"id":56473,"structure_id":13315,"section_number":"54.1-2523.2","catch_line":"(Effective July 1, 2027) Authority to access database","url":"\/54.1-2523.2\/","token":"54.1\/III\/25.2\/54.1-2523.2","metadata":false},{"id":57186,"structure_id":13315,"section_number":"54.1-2524","catch_line":"Immunity from liability","url":"\/54.1-2524\/","token":"54.1\/III\/25.2\/54.1-2524","metadata":false},{"id":57288,"structure_id":13315,"section_number":"54.1-2525","catch_line":"Unlawful disclosure of information; disciplinary action authorized; penalties","url":"\/54.1-2525\/","token":"54.1\/III\/25.2\/54.1-2525","metadata":false},{"id":54302,"structure_id":13315,"section_number":"54.1-2526","catch_line":"Exemption of information systems from provisions related to the Virginia Information Technologies Agency","url":"\/54.1-2526\/","token":"54.1\/III\/25.2\/54.1-2526","metadata":false}],"previous_section":{"id":67799,"structure_id":13315,"section_number":"54.1-2522.2","catch_line":"Requirements for dispensers","url":"\/54.1-2522.2\/","token":"54.1\/III\/25.2\/54.1-2522.2","metadata":false},"next_section":{"id":74465,"structure_id":13315,"section_number":"54.1-2523.1","catch_line":"Criteria for indicators of misuse; Director's authority to disclose information; intervention","url":"\/54.1-2523.1\/","token":"54.1\/III\/25.2\/54.1-2523.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2523\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 481<\/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 14 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 2004, chapter 690<\/a>; in 2005, chapters 637<\/a> and 678<\/a>; in 2009, chapters 158<\/a>, 162<\/a>, and 472<\/a>; in 2012, chapters 21<\/a> and 71<\/a>; in 2013, chapter 739<\/a>; in 2014, chapters 12<\/a> and 97<\/a>; in 2015, chapters 118<\/a> and 507<\/a>; in 2016, chapters 309<\/a>, 410<\/a>, 447<\/a>, and 568<\/a>; in 2017, chapters 186<\/a> and 778<\/a>; in 2018, chapter 108<\/a>; in 2019, chapter 679<\/a>; in 2020, chapters 1066<\/a> and 1067<\/a>; in 2023, chapters 628<\/a> and 629<\/a>; in 2024, chapter 33<\/a>.<\/p>","references":[{"id":77566,"section_number":"32.1-276.6","catch_line":"Patient level data system continued; reporting requirements","order_by":null,"url":"\/32.1-276.6\/"},{"id":55075,"section_number":"54.1-2520","catch_line":"Program establishment; Director's regulatory authority","order_by":null,"url":"\/54.1-2520\/"},{"id":57186,"section_number":"54.1-2524","catch_line":"Immunity from liability","order_by":null,"url":"\/54.1-2524\/"}],"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":56553,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","order_by":null,"url":"\/18.2-254.1\/"},{"id":69159,"section_number":"18.2-254.3","catch_line":"Behavioral Health Docket Act","order_by":null,"url":"\/18.2-254.3\/"},{"id":78113,"section_number":"18.2-474.1","catch_line":"Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons","order_by":null,"url":"\/18.2-474.1\/"},{"id":60278,"section_number":"19.2-191","catch_line":"Functions of a grand jury","order_by":null,"url":"\/19.2-191\/"},{"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":74289,"section_number":"53.1-141","catch_line":"Division into probation and parole districts","order_by":null,"url":"\/53.1-141\/"},{"id":66603,"section_number":"54.1-2515","catch_line":"Definitions","order_by":null,"url":"\/54.1-2515\/"},{"id":85347,"section_number":"54.1-3303","catch_line":"Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only","order_by":null,"url":"\/54.1-3303\/"},{"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\/"},{"id":80750,"section_number":"9.1-100","catch_line":"Department of Criminal Justice Services","order_by":null,"url":"\/9.1-100\/"},{"id":64930,"section_number":"9.1-176.1","catch_line":"Duties and responsibilities of local community-based probation officers","order_by":null,"url":"\/9.1-176.1\/"}],"permalink":{"id":241397,"object_type":"law","relational_id":56919,"identifier":"54.1-2523","token":"54.1\/III\/25.2\/54.1-2523","url":"\/54.1-2523\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2523\/","token":"54.1\/III\/25.2\/54.1-2523","dublin_core":{"Title":"Confidentiality of data; disclosure of information; discretionary authority of Director","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2523","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All data, records, and reports relating to the prescribing and dispensing of covered substances<\/span> to recipients<\/span> and any abstracts from such data, records, and reports that are in the possession<\/span> of the Prescription Monitoring Program pursuant to this chapter and any material<\/span> relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) pursuant to subdivision 2 of § 2.2-3705.5<\/a>. Records in possession<\/span> of the Prescription Monitoring Program shall not be available for civil subpoena<\/span>, nor shall such records be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible<\/span> as evidence<\/span> in any civil proceeding for any reason. Further, the Director<\/span> shall only have discretion to disclose any such information as provided in subsections B and C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receiving a request for information in accordance with the Department<\/span>’s regulations and in compliance with applicable federal law<\/span> and regulations, the Director<\/span> shall disclose the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Information relevant to a specific investigation of a specific recipient<\/span> or of a specific dispenser<\/span> or prescriber<\/span> to an agent who has completed the Virginia State Police Drug Diversion<\/span> School designated by the superintendent of the Department<\/span> of State Police or designated by the chief law<\/span>-enforcement officer of any county, city, or town or campus police department<\/span> to conduct drug diversion<\/span> investigations pursuant to § 54.1-3405<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information relevant to an investigation or inspection of or allegation<\/span> of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board; information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial<\/span> or appeal<\/span> of an action or board order<\/span> to designated employees of the Department<\/span> of Health Professions; or to designated persons operating the Health Practitioners’ Monitoring Program pursuant to Chapter 25.1 (§ 54.1-2515<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information relevant to the proceedings of any investigatory grand jury<\/span> or special grand jury<\/span> that has been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191<\/a> et seq.) of Title 19.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information relevant to a specific investigation of a specific recipient<\/span>, dispenser<\/span>, or prescriber<\/span> to an agent of a federal law<\/span>-enforcement agency with authority to conduct drug diversion<\/span> investigations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information relevant to a specific investigation, supervision, or monitoring of a specific recipient<\/span> for purposes of the administration of criminal justice pursuant to Chapter 1 (§ 9.1-100<\/a> et seq.) of Title 9.1 to a probation or parole<\/span> officer as described in Article 2 (§ 53.1-141<\/a> et seq.) of Chapter 4 of Title 53.1, a local community-based probation officer<\/span> as described in § 9.1-176.1<\/a>, a drug court<\/span> administrator as described in § 18.2-254.1<\/a>, or a behavioral health docket<\/span> administrator as described in § 18.2-254.3<\/a> who has completed the Virginia State Police Drug Diversion<\/span> School designated by the Director<\/span> of the Department<\/span> of Corrections or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Information relevant to a specific investigation of a specific individual into a possible delivery of a controlled substance<\/span> in violation of § 18.2-474.1<\/a> to an investigator for the Department<\/span> of Corrections who has completed the Virginia State Police Drug Diversion<\/span> School and who has been designated by the Director<\/span> of the Department<\/span> of Corrections or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Information about a specific recipient<\/span> to the Smartchart Network Program in accordance with subdivision B 7 of § 32.1-372<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In accordance with the Department<\/span>’s regulations and applicable federal law<\/span> and regulations, the Director<\/span> may, in his discretion, disclose: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Information in the possession<\/span> of the Prescription Monitoring Program concerning a recipient<\/span> who is over the age of 18 to that recipient<\/span>. The information shall be mailed to the street or mailing address indicated on the recipient<\/span> request form. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information on a specific recipient<\/span> to a prescriber<\/span>, as defined in this chapter, for the purpose of establishing the treatment history of the specific recipient<\/span> when such recipient<\/span> is either under care and treatment by the prescriber<\/span> or the prescriber<\/span> is consulting on or initiating treatment of such recipient<\/span>. In a manner specified by the Director<\/span> in regulation, notice shall be given to patients that information may be requested by the prescriber<\/span> from the Prescription Monitoring Program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information on a specific recipient<\/span> to a dispenser<\/span> for the purpose of establishing a prescription history to assist the dispenser<\/span> in (i) determining the validity of a prescription in accordance with § 54.1-3303<\/a> or (ii) providing clinical consultation on the care and treatment of the recipient<\/span>. In a manner specified by the Director<\/span> in regulation, notice shall be given to patients that information may be requested by the dispenser<\/span> from the Prescription Monitoring Program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information relevant to an investigation or regulatory proceeding of a specific dispenser<\/span> or prescriber<\/span> to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession when such regulatory authority licenses such dispenser<\/span> or prescriber<\/span> or such dispenser<\/span> or prescriber<\/span> is seeking licensure by such other regulatory authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information relevant to an investigation relating to a specific dispenser<\/span> or prescriber<\/span> who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient<\/span> who is currently eligible for and receiving or who has been eligible for and has received medical assistance services to the Medicaid Fraud<\/span> Control Unit of the Office of the Attorney General<\/span> or to designated employees of the Department<\/span> of Medical Assistance Services, as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Information relevant to determination of the cause of death of a specific recipient<\/span> to the designated employees of the Office of the Chief Medical Examiner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Information for the purpose of bona fide research or education to qualified personnel; however, data elements that would reasonably identify a specific recipient<\/span>, prescriber<\/span>, or dispenser<\/span> shall be deleted or redacted from such information prior to disclosure. Further, release of the information shall only be made pursuant to a written agreement between such qualified personnel and the Director<\/span> in order<\/span> to ensure compliance with this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Information relating to prescriptions for covered substances<\/span> issued by a specific prescriber<\/span>, which have been dispensed and reported to the Prescription Monitoring Program, to that prescriber<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Information about a specific recipient<\/span> who is a member of a Virginia Medicaid managed care program to a physician or pharmacist licensed in the Commonwealth and employed by the Virginia Medicaid managed care program or to his clinical designee who holds a multistate licensure privilege<\/span> to practice nursing or a license issued by a health regulatory board within the Department<\/span> of Health Professions and is employed by the Virginia Medicaid managed care program. Such information shall only be used to determine eligibility for and to manage the care of the specific recipient<\/span> in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients<\/span> that information may be requested by a licensed physician or pharmacist employed by the Virginia Medicaid managed care program from the Prescription Monitoring Program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> [Expired.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Information about a specific recipient<\/span> who is currently eligible for and receiving medical assistance from the Department<\/span> of Medical Assistance Services to a physician or pharmacist licensed in the Commonwealth or to his clinical designee who holds a multistate licensure privilege<\/span> to practice nursing or a license issued by a health regulatory board within the Department<\/span> of Health Professions and is employed by the Department<\/span> of Medical Assistance Services.\n\t\t\t\tSuch information shall be used only to determine eligibility for and to manage the care of the specific recipient<\/span> in a Patient Utilization Management Safety or similar program. Notice shall be given to recipients<\/span> that information may be requested by a licensed physician or pharmacist employed by the Department<\/span> of Medical Assistance Services from the Prescription Monitoring Program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Director<\/span> may enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions<\/span>, which shall only use the information for purposes allowed by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not be construed to supersede the provisions of § 54.1-3406<\/a> concerning the divulging of confidential records relating to investigative information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Confidential information that has been received, maintained or developed by any board or disclosed by the board pursuant to subsection A shall not, under any circumstances, be available for discovery<\/span> or court<\/span> subpoena<\/span> or introduced into evidence<\/span> in any medical malpractice suit or other action for damages<\/span> arising out of the provision of or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or prosecution<\/span> conducted pursuant to Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF DATA; DISCLOSURE OF INFORMATION; DISCRETIONARY AUTHORITY OF\nDIRECTOR (\u00a7 54.1-2523)\n\nA. All data, records, and reports relating to the prescribing and dispensing of\ncovered substances to recipients and any abstracts from such data, records, and\nreports that are in the possession of the Prescription Monitoring Program\npursuant to this chapter and any material relating to the operation or security\nof the program shall be confidential and shall be exempt from the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2\nof § 2.2-3705.5. Records in possession of the Prescription Monitoring\nProgram shall not be available for civil subpoena, nor shall such records be\ndisclosed, discoverable, or compelled to be produced in any civil proceeding,\nnor shall such records be deemed admissible as evidence in any civil proceeding\nfor any reason. Further, the Director shall only have discretion to disclose any\nsuch information as provided in subsections B and C.\n\nB. Upon receiving a request for information in accordance with the\nDepartment’s regulations and in compliance with applicable federal law and\nregulations, the Director shall disclose the following:\n\n 1. Information relevant to a specific investigation of a specific recipient or\n of a specific dispenser or prescriber to an agent who has completed the\n Virginia State Police Drug Diversion School designated by the superintendent\n of the Department of State Police or designated by the chief law-enforcement\n officer of any county, city, or town or campus police department to conduct\n drug diversion investigations pursuant to § 54.1-3405.\n\n 2. Information relevant to an investigation or inspection of or allegation of\n misconduct by a specific person licensed, certified, or registered by or an\n applicant for licensure, certification, or registration by a health regulatory\n board; information relevant to a disciplinary proceeding before a health\n regulatory board or in any subsequent trial or appeal of an action or board\n order to designated employees of the Department of Health Professions; or to\n designated persons operating the Health Practitioners’ Monitoring\n Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.).\n\n 3. Information relevant to the proceedings of any investigatory grand jury or\n special grand jury that has been properly impaneled in accordance with the\n provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.\n\n 4. Information relevant to a specific investigation of a specific recipient,\n dispenser, or prescriber to an agent of a federal law-enforcement agency with\n authority to conduct drug diversion investigations.\n\n 5. Information relevant to a specific investigation, supervision, or\n monitoring of a specific recipient for purposes of the administration of\n criminal justice pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1\n to a probation or parole officer as described in Article 2 (§ 53.1-141 et\n seq.) of Chapter 4 of Title 53.1, a local community-based probation officer as\n described in § 9.1-176.1, a drug court administrator as described in\n § 18.2-254.1, or a behavioral health docket administrator as described in\n § 18.2-254.3 who has completed the Virginia State Police Drug Diversion\n School designated by the Director of the Department of Corrections or his\n designee.\n\n 6. Information relevant to a specific investigation of a specific individual\n into a possible delivery of a controlled substance in violation of §\n 18.2-474.1 to an investigator for the Department of Corrections who has\n completed the Virginia State Police Drug Diversion School and who has been\n designated by the Director of the Department of Corrections or his designee.\n\n 7. Information about a specific recipient to the Smartchart Network Program in\n accordance with subdivision B 7 of § 32.1-372.\n\nC. In accordance with the Department’s regulations and applicable federal\nlaw and regulations, the Director may, in his discretion, disclose:\n\n 1. Information in the possession of the Prescription Monitoring Program\n concerning a recipient who is over the age of 18 to that recipient. The\n information shall be mailed to the street or mailing address indicated on the\n recipient request form.\n\n 2. Information on a specific recipient to a prescriber, as defined in this\n chapter, for the purpose of establishing the treatment history of the specific\n recipient when such recipient is either under care and treatment by the\n prescriber or the prescriber is consulting on or initiating treatment of such\n recipient. In a manner specified by the Director in regulation, notice shall\n be given to patients that information may be requested by the prescriber from\n the Prescription Monitoring Program.\n\n 3. Information on a specific recipient to a dispenser for the purpose of\n establishing a prescription history to assist the dispenser in (i) determining\n the validity of a prescription in accordance with § 54.1-3303 or (ii)\n providing clinical consultation on the care and treatment of the recipient. In\n a manner specified by the Director in regulation, notice shall be given to\n patients that information may be requested by the dispenser from the\n Prescription Monitoring Program.\n\n 4. Information relevant to an investigation or regulatory proceeding of a\n specific dispenser or prescriber to other regulatory authorities concerned\n with granting, limiting or denying licenses, certificates or registrations to\n practice a health profession when such regulatory authority licenses such\n dispenser or prescriber or such dispenser or prescriber is seeking licensure\n by such other regulatory authority.\n\n 5. Information relevant to an investigation relating to a specific dispenser\n or prescriber who is a participating provider in the Virginia Medicaid program\n or information relevant to an investigation relating to a specific recipient\n who is currently eligible for and receiving or who has been eligible for and\n has received medical assistance services to the Medicaid Fraud Control Unit of\n the Office of the Attorney General or to designated employees of the\n Department of Medical Assistance Services, as appropriate.\n\n 6. Information relevant to determination of the cause of death of a specific\n recipient to the designated employees of the Office of the Chief Medical\n Examiner.\n\n 7. Information for the purpose of bona fide research or education to qualified\n personnel; however, data elements that would reasonably identify a specific\n recipient, prescriber, or dispenser shall be deleted or redacted from such\n information prior to disclosure. Further, release of the information shall\n only be made pursuant to a written agreement between such qualified personnel\n and the Director in order to ensure compliance with this subdivision.\n\n 8. Information relating to prescriptions for covered substances issued by a\n specific prescriber, which have been dispensed and reported to the\n Prescription Monitoring Program, to that prescriber.\n\n 9. Information about a specific recipient who is a member of a Virginia\n Medicaid managed care program to a physician or pharmacist licensed in the\n Commonwealth and employed by the Virginia Medicaid managed care program or to\n his clinical designee who holds a multistate licensure privilege to practice\n nursing or a license issued by a health regulatory board within the Department\n of Health Professions and is employed by the Virginia Medicaid managed care\n program. Such information shall only be used to determine eligibility for and\n to manage the care of the specific recipient in a Patient Utilization\n Management Safety or similar program. Notice shall be given to recipients that\n information may be requested by a licensed physician or pharmacist employed by\n the Virginia Medicaid managed care program from the Prescription Monitoring\n Program.\n\n 10. [Expired.]\n\n 11. Information about a specific recipient who is currently eligible for and\n receiving medical assistance from the Department of Medical Assistance\n Services to a physician or pharmacist licensed in the Commonwealth or to his\n clinical designee who holds a multistate licensure privilege to practice\n nursing or a license issued by a health regulatory board within the Department\n of Health Professions and is employed by the Department of Medical Assistance\n Services.\n \t\t\t\tSuch information shall be used only to determine eligibility for and to\n manage the care of the specific recipient in a Patient Utilization Management\n Safety or similar program. Notice shall be given to recipients that\n information may be requested by a licensed physician or pharmacist employed by\n the Department of Medical Assistance Services from the Prescription Monitoring\n Program.\n\nD. The Director may enter into agreements for mutual exchange of information\namong prescription monitoring programs in other jurisdictions, which shall only\nuse the information for purposes allowed by this chapter.\n\nE. This section shall not be construed to supersede the provisions of §\n54.1-3406 concerning the divulging of confidential records relating to\ninvestigative information.\n\nF. Confidential information that has been received, maintained or developed by\nany board or disclosed by the board pursuant to subsection A shall not, under\nany circumstances, be available for discovery or court subpoena or introduced\ninto evidence in any medical malpractice suit or other action for damages\narising out of the provision of or failure to provide services. However, this\nsubsection shall not be construed to inhibit any investigation or prosecution\nconducted pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title\n18.2.\n\nHISTORY: 2002, c. 481; 2004, c. 690; 2005, cc. 637, 678; 2009, cc. 158, 162,\n472; 2012, cc. 21, 71; 2013, c. 739; 2014, cc. 12, 97; 2015, cc. 118, 507; 2016,\ncc. 309, 410, 447, 568; 2017, cc. 186, 778; 2018, c. 108; 2019, c. 679; 2020,\ncc. 1066, 1067; 2023, cc. 628, 629; 2024, c. 33.","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}}