{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2909.html"}],"law_id":86961,"edition_id":1,"section_id":86961,"structure_id":13730,"section_number":"54.1-2909","catch_line":"Further reporting requirements; civil penalty; disciplinary action","history":"1986, c. 434, \u00a7 54-317.4:1; 1988, c. 765; 1998, c. 744; 2003, cc. 753, 762; 2020, cc. 45, 198, 230, 1093; 2021, Sp. Sess. I, cc. 5, 243.","full_text":"A\n\nThe following matters shall be reported within 30 days of their occurrence to the Board:1\n\nAny disciplinary action taken against a person licensed under this chapter in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation;2\n\nAny malpractice judgment against a person licensed under this chapter;3\n\nAny settlement of a malpractice claim against a person licensed under this chapter; and4\n\nAny evidence that indicates a reasonable belief that a person licensed under this chapter is or may be professionally incompetent; has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient or patients; has or may have engaged in unprofessional conduct; or may be mentally or physically unable to engage safely in the practice of his profession.B\n\nThe following persons and entities are subject to the reporting requirements set forth in this section:1\n\nAny person licensed under this chapter who is the subject of a disciplinary action, a settlement, a judgment, or evidence for which reporting is required pursuant to this section;2\n\nAny other person licensed under this chapter, except as provided by a contract agreement with the Health Practitioners’ Monitoring Program;3\n\nAll health care institutions licensed by the Commonwealth;4\n\nThe malpractice insurance carrier of any person who is the subject of a judgment or settlement; and5\n\nAny health maintenance organization licensed by the Commonwealth.C\n\nNo person or entity shall be obligated to report any matter to the Board if the person or entity has actual notice that the matter has already been reported to the Board. The reporting requirements set forth in this section shall be met if these matters are reported to the National Practitioner Data Bank under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., and notice that such report has been submitted is provided to the Board.D\n\nNo person or entity shall be obligated to report information regarding a health care provider licensed or registered by the Board who is a participant in a professional program, pursuant to subsection B of § 8.01-581.16, to address issues related to career fatigue and wellness that is organized or contracted for by a statewide association exempt under 26 U.S.C. § 501(c)(6) of the Internal Revenue Code and that primarily represents health care professionals licensed to practice medicine or osteopathic medicine in multiple specialties to the Board unless the person or entity has determined that there is reasonable probability that the participant is not competent to continue in practice or is a danger to himself or to the health and welfare of his patients or the public.E\n\nAny report required by this section shall be in writing directed to the Board, shall give the name and address of the person who is the subject of the report, and shall describe the circumstances surrounding the matter required to be reported. Under no circumstances shall compliance with this section be construed to waive or limit the privilege provided in § 8.01-581.17.F\n\nAny person making a report required by this section, providing information pursuant to an investigation, or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability or criminal prosecution resulting therefrom unless such person acted in bad faith or with malicious intent.G\n\nThe clerk of any circuit court or any district court in the Commonwealth shall report to the Board the conviction of any person known by such clerk to be licensed under this chapter of any (i) misdemeanor involving a controlled substance, marijuana, or substance abuse or involving an act of moral turpitude or (ii) felony.H\n\nAny person who fails to make a report to the Board as required by this section shall be subject to a civil penalty not to exceed $5,000. The Director shall report the assessment of such civil penalty to the Commissioner of the Department of Health or the Commissioner of Insurance at the State Corporation Commission. Any person assessed a civil penalty pursuant to this section shall not receive a license, registration, or certification or renewal of such unless such penalty has been paid.I\n\nDisciplinary action against any person licensed, registered, or certified under this chapter shall be based upon the underlying conduct of the person and not upon the report of a settlement or judgment submitted under this section.","order_by":null,"text":{"0":{"id":311350,"text":"The following matters shall be reported within 30 days of their occurrence to the Board:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":311351,"text":"Any disciplinary action taken against a person licensed under this chapter in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":311352,"text":"Any malpractice judgment against a person licensed under this chapter;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":311353,"text":"Any settlement of a malpractice claim against a person licensed under this chapter; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":311354,"text":"Any evidence that indicates a reasonable belief that a person licensed under this chapter is or may be professionally incompetent; has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient or patients; has or may have engaged in unprofessional conduct; or may be mentally or physically unable to engage safely in the practice of his profession.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":311355,"text":"The following persons and entities are subject to the reporting requirements set forth in this section:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":311356,"text":"Any person licensed under this chapter who is the subject of a disciplinary action, a settlement, a judgment, or evidence for which reporting is required pursuant to this section;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":311357,"text":"Any other person licensed under this chapter, except as provided by a contract agreement with the Health Practitioners’ Monitoring Program;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"8":{"id":311358,"text":"All health care institutions licensed by the Commonwealth;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"9":{"id":311359,"text":"The malpractice insurance carrier of any person who is the subject of a judgment or settlement; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"10":{"id":311360,"text":"Any health maintenance organization licensed by the Commonwealth.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"11":{"id":311361,"text":"No person or entity shall be obligated to report any matter to the Board if the person or entity has actual notice that the matter has already been reported to the Board. The reporting requirements set forth in this section shall be met if these matters are reported to the National Practitioner Data Bank under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., and notice that such report has been submitted is provided to the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"12":{"id":311362,"text":"No person or entity shall be obligated to report information regarding a health care provider licensed or registered by the Board who is a participant in a professional program, pursuant to subsection B of § 8.01-581.16, to address issues related to career fatigue and wellness that is organized or contracted for by a statewide association exempt under 26 U.S.C. § 501(c)(6) of the Internal Revenue Code and that primarily represents health care professionals licensed to practice medicine or osteopathic medicine in multiple specialties to the Board unless the person or entity has determined that there is reasonable probability that the participant is not competent to continue in practice or is a danger to himself or to the health and welfare of his patients or the public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":311363,"text":"Any report required by this section shall be in writing directed to the Board, shall give the name and address of the person who is the subject of the report, and shall describe the circumstances surrounding the matter required to be reported. Under no circumstances shall compliance with this section be construed to waive or limit the privilege provided in § 8.01-581.17.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":311364,"text":"Any person making a report required by this section, providing information pursuant to an investigation, or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability or criminal prosecution resulting therefrom unless such person acted in bad faith or with malicious intent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":311365,"text":"The clerk of any circuit court or any district court in the Commonwealth shall report to the Board the conviction of any person known by such clerk to be licensed under this chapter of any (i) misdemeanor involving a controlled substance, marijuana, or substance abuse or involving an act of moral turpitude or (ii) felony.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"16":{"id":311366,"text":"Any person who fails to make a report to the Board as required by this section shall be subject to a civil penalty not to exceed $5,000. The Director shall report the assessment of such civil penalty to the Commissioner of the Department of Health or the Commissioner of Insurance at the State Corporation Commission. Any person assessed a civil penalty pursuant to this section shall not receive a license, registration, or certification or renewal of such unless such penalty has been paid.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"17":{"id":311367,"text":"Disciplinary action against any person licensed, registered, or certified under this chapter shall be based upon the underlying conduct of the person and not upon the report of a settlement or judgment submitted under this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13730,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 03:45:43","date_modified":"2026-06-26 03:45:43","permalink":{"id":241935,"object_type":"structure","relational_id":13730,"identifier":"1","token":"54.1\/III\/29\/1","url":"\/54.1\/III\/29\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12759,"edition_id":1,"name":"Medicine and Other Healing Arts","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241933,"object_type":"structure","relational_id":12759,"identifier":"29","token":"54.1\/III\/29","url":"\/54.1\/III\/29\/","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":63078,"structure_id":13730,"section_number":"54.1-2900","catch_line":"Definitions","url":"\/54.1-2900\/","token":"54.1\/III\/29\/1\/54.1-2900","metadata":false},{"id":83528,"structure_id":13730,"section_number":"54.1-2901","catch_line":"Exceptions and exemptions generally","url":"\/54.1-2901\/","token":"54.1\/III\/29\/1\/54.1-2901","metadata":false},{"id":59538,"structure_id":13730,"section_number":"54.1-2902","catch_line":"Unlawful to practice without license","url":"\/54.1-2902\/","token":"54.1\/III\/29\/1\/54.1-2902","metadata":false},{"id":64698,"structure_id":13730,"section_number":"54.1-2903","catch_line":"What constitutes practice; advertising in connection with medical practice","url":"\/54.1-2903\/","token":"54.1\/III\/29\/1\/54.1-2903","metadata":false},{"id":79048,"structure_id":13730,"section_number":"54.1-2904","catch_line":"Biennial renewal of licenses; copies; fee; lapsed licenses; reinstatement; penalties","url":"\/54.1-2904\/","token":"54.1\/III\/29\/1\/54.1-2904","metadata":false},{"id":62466,"structure_id":13730,"section_number":"54.1-2905","catch_line":"Repealed","url":"\/54.1-2905\/","token":"54.1\/III\/29\/1\/54.1-2905","metadata":false},{"id":80090,"structure_id":13730,"section_number":"54.1-2906","catch_line":"Repealed","url":"\/54.1-2906\/","token":"54.1\/III\/29\/1\/54.1-2906","metadata":false},{"id":77034,"structure_id":13730,"section_number":"54.1-2908","catch_line":"Reports of disciplinary action against health professionals; immunity from liability; civil penalty","url":"\/54.1-2908\/","token":"54.1\/III\/29\/1\/54.1-2908","metadata":false},{"id":86961,"structure_id":13730,"section_number":"54.1-2909","catch_line":"Further reporting requirements; civil penalty; disciplinary action","url":"\/54.1-2909\/","token":"54.1\/III\/29\/1\/54.1-2909","metadata":false},{"id":58482,"structure_id":13730,"section_number":"54.1-2910","catch_line":"Repealed","url":"\/54.1-2910\/","token":"54.1\/III\/29\/1\/54.1-2910","metadata":false},{"id":56508,"structure_id":13730,"section_number":"54.1-2910.01","catch_line":"Practitioner information provided to patients","url":"\/54.1-2910.01\/","token":"54.1\/III\/29\/1\/54.1-2910.01","metadata":false},{"id":65429,"structure_id":13730,"section_number":"54.1-2910.1","catch_line":"Certain data required","url":"\/54.1-2910.1\/","token":"54.1\/III\/29\/1\/54.1-2910.1","metadata":false},{"id":79576,"structure_id":13730,"section_number":"54.1-2910.2","catch_line":"Posting of disciplinary information","url":"\/54.1-2910.2\/","token":"54.1\/III\/29\/1\/54.1-2910.2","metadata":false},{"id":71219,"structure_id":13730,"section_number":"54.1-2910.3","catch_line":"No requirement to participate in third-party reimbursement programs","url":"\/54.1-2910.3\/","token":"54.1\/III\/29\/1\/54.1-2910.3","metadata":false},{"id":83500,"structure_id":13730,"section_number":"54.1-2910.3:1","catch_line":"Medicaid recipients; treatment involving prescription of opioids; payment","url":"\/54.1-2910.3_1\/","token":"54.1\/III\/29\/1\/54.1-2910.3_1","metadata":false},{"id":60811,"structure_id":13730,"section_number":"54.1-2910.4","catch_line":"Health record retention","url":"\/54.1-2910.4\/","token":"54.1\/III\/29\/1\/54.1-2910.4","metadata":false},{"id":54729,"structure_id":13730,"section_number":"54.1-2910.5","catch_line":"Pediatric sexual assault patient services; requirements","url":"\/54.1-2910.5\/","token":"54.1\/III\/29\/1\/54.1-2910.5","metadata":false}],"previous_section":{"id":77034,"structure_id":13730,"section_number":"54.1-2908","catch_line":"Reports of disciplinary action against health professionals; immunity from liability; civil penalty","url":"\/54.1-2908\/","token":"54.1\/III\/29\/1\/54.1-2908","metadata":false},"next_section":{"id":58482,"structure_id":13730,"section_number":"54.1-2910","catch_line":"Repealed","url":"\/54.1-2910\/","token":"54.1\/III\/29\/1\/54.1-2910","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2909\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 434 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 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1988, chapter 765; in 1998, chapter 744<\/a>; in 2003, chapters 753<\/a> and 762<\/a>; in 2020, chapters 45<\/a>, 198<\/a>, 230<\/a>, and 1093<\/a>.<\/p>","references":[{"id":63038,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","order_by":null,"url":"\/54.1-2400.2\/"},{"id":62957,"section_number":"54.1-2505","catch_line":"Powers and duties of Director of Department","order_by":null,"url":"\/54.1-2505\/"},{"id":86680,"section_number":"54.1-2506.01","catch_line":"Investigation of reported violations","order_by":null,"url":"\/54.1-2506.01\/"},{"id":65429,"section_number":"54.1-2910.1","catch_line":"Certain data required","order_by":null,"url":"\/54.1-2910.1\/"}],"refers_to":[{"id":55726,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","order_by":null,"url":"\/8.01-581.16\/"}],"permalink":{"id":241969,"object_type":"law","relational_id":86961,"identifier":"54.1-2909","token":"54.1\/III\/29\/1\/54.1-2909","url":"\/54.1-2909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2909\/","token":"54.1\/III\/29\/1\/54.1-2909","dublin_core":{"Title":"Further reporting requirements; civil penalty; disciplinary action","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following matters shall be reported within 30 days of their occurrence to the Board<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any disciplinary action taken against a person licensed under this chapter in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any malpractice judgment<\/span> against a person licensed under this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any settlement<\/span> of a malpractice claim against a person licensed under this chapter; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any evidence<\/span> that indicates a reasonable belief that a person licensed under this chapter is or may be professionally incompetent; has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient or patients; has or may have engaged in unprofessional conduct; or may be mentally or physically unable to engage safely in the practice of his profession. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following persons and entities are subject to the reporting requirements set forth in this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person licensed under this chapter who is the subject of a disciplinary action, a settlement<\/span>, a judgment<\/span>, or evidence<\/span> for which reporting is required pursuant to this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other person licensed under this chapter, except as provided by a contract<\/span> agreement with the Health Practitioners’ Monitoring Program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All health care institutions licensed by the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The malpractice insurance carrier of any person who is the subject of a judgment<\/span> or settlement<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any health maintenance organization licensed by the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No person or entity shall be obligated to report any matter to the Board<\/span> if the person or entity has actual notice that the matter has already been reported to the Board<\/span>. The reporting requirements set forth in this section shall be met if these matters are reported to the National Practitioner Data Bank under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., and notice that such report has been submitted is provided to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No person or entity shall be obligated to report information regarding a health care provider licensed or registered by the Board<\/span> who is a participant in a professional program, pursuant to subsection B of § 8.01-581.16<\/a>, to address issues<\/span> related to career fatigue and wellness that is organized or contracted for by a statewide association exempt under 26 U.S.C. § 501(c)(6) of the Internal Revenue Code and that primarily represents health care professionals licensed to practice medicine or osteopathic medicine in multiple specialties to the Board<\/span> unless the person or entity has determined that there is reasonable probability that the participant is not competent to continue in practice or is a danger to himself or to the health and welfare of his patients or the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any report required by this section shall be in writing directed to the Board<\/span>, shall give the name and address of the person who is the subject of the report, and shall describe the circumstances surrounding the matter required to be reported. Under no circumstances shall compliance with this section be construed to waive<\/span> or limit the privilege<\/span> provided in § 8.01-581.17<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person making a report required by this section, providing information pursuant to an investigation, or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability or criminal prosecution<\/span> resulting therefrom unless such person acted in bad faith or with malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The clerk of any circuit<\/span> court<\/span> or any district court<\/span> in the Commonwealth shall report to the Board<\/span> the conviction<\/span> of any person known by such clerk to be licensed under this chapter of any (i) misdemeanor<\/span> involving a controlled substance, marijuana, or substance abuse or involving an act of moral turpitude<\/span> or (ii) felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person who fails to make a report to the Board<\/span> as required by this section shall be subject to a civil penalty<\/span> not to exceed $5,000. The Director shall report the assessment of such civil penalty<\/span> to the Commissioner of the Department of Health or the Commissioner of Insurance at the State Corporation Commission. Any person assessed a civil penalty<\/span> pursuant to this section shall not receive a license, registration, or certification or renewal of such unless such penalty<\/span> has been paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Disciplinary action against any person licensed, registered, or certified under this chapter shall be based upon the underlying conduct of the person and not upon the report of a settlement<\/span> or judgment<\/span> submitted under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFURTHER REPORTING REQUIREMENTS; CIVIL PENALTY; DISCIPLINARY ACTION (\u00a7\n54.1-2909)\n\nA. The following matters shall be reported within 30 days of their occurrence to\nthe Board:\n\n 1. Any disciplinary action taken against a person licensed under this chapter\n in another state or in a federal health institution or voluntary surrender of\n a license in another state while under investigation;\n\n 2. Any malpractice judgment against a person licensed under this chapter;\n\n 3. Any settlement of a malpractice claim against a person licensed under this\n chapter; and\n\n 4. Any evidence that indicates a reasonable belief that a person licensed\n under this chapter is or may be professionally incompetent; has or may have\n engaged in intentional or negligent conduct that causes or is likely to cause\n injury to a patient or patients; has or may have engaged in unprofessional\n conduct; or may be mentally or physically unable to engage safely in the\n practice of his profession.\n\nB. The following persons and entities are subject to the reporting requirements\nset forth in this section:\n\n 1. Any person licensed under this chapter who is the subject of a disciplinary\n action, a settlement, a judgment, or evidence for which reporting is required\n pursuant to this section;\n\n 2. Any other person licensed under this chapter, except as provided by a\n contract agreement with the Health Practitioners’ Monitoring Program;\n\n 3. All health care institutions licensed by the Commonwealth;\n\n 4. The malpractice insurance carrier of any person who is the subject of a\n judgment or settlement; and\n\n 5. Any health maintenance organization licensed by the Commonwealth.\n\nC. No person or entity shall be obligated to report any matter to the Board if\nthe person or entity has actual notice that the matter has already been reported\nto the Board. The reporting requirements set forth in this section shall be met\nif these matters are reported to the National Practitioner Data Bank under the\nHealth Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., and notice\nthat such report has been submitted is provided to the Board.\n\nD. No person or entity shall be obligated to report information regarding a\nhealth care provider licensed or registered by the Board who is a participant in\na professional program, pursuant to subsection B of § 8.01-581.16, to\naddress issues related to career fatigue and wellness that is organized or\ncontracted for by a statewide association exempt under 26 U.S.C. §\n501(c)(6) of the Internal Revenue Code and that primarily represents health care\nprofessionals licensed to practice medicine or osteopathic medicine in multiple\nspecialties to the Board unless the person or entity has determined that there\nis reasonable probability that the participant is not competent to continue in\npractice or is a danger to himself or to the health and welfare of his patients\nor the public.\n\nE. Any report required by this section shall be in writing directed to the\nBoard, shall give the name and address of the person who is the subject of the\nreport, and shall describe the circumstances surrounding the matter required to\nbe reported. Under no circumstances shall compliance with this section be\nconstrued to waive or limit the privilege provided in § 8.01-581.17.\n\nF. Any person making a report required by this section, providing information\npursuant to an investigation, or testifying in a judicial or administrative\nproceeding as a result of such report shall be immune from any civil liability\nor criminal prosecution resulting therefrom unless such person acted in bad\nfaith or with malicious intent.\n\nG. The clerk of any circuit court or any district court in the Commonwealth\nshall report to the Board the conviction of any person known by such clerk to be\nlicensed under this chapter of any (i) misdemeanor involving a controlled\nsubstance, marijuana, or substance abuse or involving an act of moral turpitude\nor (ii) felony.\n\nH. Any person who fails to make a report to the Board as required by this\nsection shall be subject to a civil penalty not to exceed $5,000. The Director\nshall report the assessment of such civil penalty to the Commissioner of the\nDepartment of Health or the Commissioner of Insurance at the State Corporation\nCommission. Any person assessed a civil penalty pursuant to this section shall\nnot receive a license, registration, or certification or renewal of such unless\nsuch penalty has been paid.\n\nI. Disciplinary action against any person licensed, registered, or certified\nunder this chapter shall be based upon the underlying conduct of the person and\nnot upon the report of a settlement or judgment submitted under this section.\n\nHISTORY: 1986, c. 434, \u00a7 54-317.4:1; 1988, c. 765; 1998, c. 744; 2003, cc. 753,\n762; 2020, cc. 45, 198, 230, 1093; 2021, Sp. Sess. I, cc. 5, 243.","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}}