{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-205.html"}],"law_id":80386,"edition_id":1,"section_id":80386,"structure_id":15344,"section_number":"65.2-205","catch_line":"Ombudsman program; confidentiality","history":"2020, c. 616.","full_text":"A\n\nThe Commission may create an Ombudsman program and appoint an ombudsman to administer such program. The purpose of the Ombudsman program shall be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed before the Commission. The ombudsman shall be an attorney licensed by the Virginia State Bar, in active status, and in good standing. The ombudsman and any Ombudsman program personnel shall carry out their duties with impartiality and shall not serve as an advocate for any person or provide legal advice.B\n\nAll memoranda, work products, and other materials contained in the case files of the ombudsman or Ombudsman program personnel shall be confidential. Any communication between the ombudsman or Ombudsman program personnel and a person receiving assistance as provided by this section that is made during or in connection with the provision of Ombudsman program services, including screening, intake, and scheduling, shall be confidential.\n\t\t\tConfidential materials and communications are not subject to disclosure and shall not be admissible in any judicial or administrative proceeding except where (i) a threat to inflict bodily injury is made; (ii) communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime; (iii) a complaint is made against Ombudsman program personnel by a person receiving assistance to the extent necessary for the complainant to prove misconduct or the Ombudsman program personnel to defend against such complaint; or (iv) communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against the legal representative of a person who received assistance from the Ombudsman program.\n\t\t\tConfidential materials and communications as described in this section are not subject to mandatory disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).C\n\nThe ombudsman and Ombudsman program personnel are immune from civil liability in their performance of the duties specified in this section.","order_by":null,"text":{"0":{"id":287923,"text":"The Commission may create an Ombudsman program and appoint an ombudsman to administer such program. The purpose of the Ombudsman program shall be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed before the Commission. The ombudsman shall be an attorney licensed by the Virginia State Bar, in active status, and in good standing. The ombudsman and any Ombudsman program personnel shall carry out their duties with impartiality and shall not serve as an advocate for any person or provide legal advice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287924,"text":"All memoranda, work products, and other materials contained in the case files of the ombudsman or Ombudsman program personnel shall be confidential. Any communication between the ombudsman or Ombudsman program personnel and a person receiving assistance as provided by this section that is made during or in connection with the provision of Ombudsman program services, including screening, intake, and scheduling, shall be confidential.\n\t\t\tConfidential materials and communications are not subject to disclosure and shall not be admissible in any judicial or administrative proceeding except where (i) a threat to inflict bodily injury is made; (ii) communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime; (iii) a complaint is made against Ombudsman program personnel by a person receiving assistance to the extent necessary for the complainant to prove misconduct or the Ombudsman program personnel to defend against such complaint; or (iv) communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against the legal representative of a person who received assistance from the Ombudsman program.\n\t\t\tConfidential materials and communications as described in this section are not subject to mandatory disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287925,"text":"The ombudsman and Ombudsman program personnel are immune from civil liability in their performance of the duties specified in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15344,"edition_id":1,"name":"Virginia Workers' Compensation Commission","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:54:05","date_modified":"2026-06-26 03:54:05","permalink":{"id":276259,"object_type":"structure","relational_id":15344,"identifier":"2","token":"65.2\/2","url":"\/65.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58394,"structure_id":15344,"section_number":"65.2-200","catch_line":"Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office","url":"\/65.2-200\/","token":"65.2\/2\/65.2-200","metadata":false},{"id":82738,"structure_id":15344,"section_number":"65.2-201","catch_line":"General duties and powers of the Commission","url":"\/65.2-201\/","token":"65.2\/2\/65.2-201","metadata":false},{"id":78650,"structure_id":15344,"section_number":"65.2-202","catch_line":"Subpoena powers of the Commission; production of records and papers","url":"\/65.2-202\/","token":"65.2\/2\/65.2-202","metadata":false},{"id":83413,"structure_id":15344,"section_number":"65.2-203","catch_line":"Powers and duties of deputy commissioners and bailiffs","url":"\/65.2-203\/","token":"65.2\/2\/65.2-203","metadata":false},{"id":61012,"structure_id":15344,"section_number":"65.2-204","catch_line":"Administrative provisions: offices, meetings, travel, salary, and expenses","url":"\/65.2-204\/","token":"65.2\/2\/65.2-204","metadata":false},{"id":80386,"structure_id":15344,"section_number":"65.2-205","catch_line":"Ombudsman program; confidentiality","url":"\/65.2-205\/","token":"65.2\/2\/65.2-205","metadata":false}],"previous_section":{"id":61012,"structure_id":15344,"section_number":"65.2-204","catch_line":"Administrative provisions: offices, meetings, travel, salary, and expenses","url":"\/65.2-204\/","token":"65.2\/2\/65.2-204","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-205\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 616<\/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.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":276281,"object_type":"law","relational_id":80386,"identifier":"65.2-205","token":"65.2\/2\/65.2-205","url":"\/65.2-205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-205\/","token":"65.2\/2\/65.2-205","dublin_core":{"Title":"Ombudsman program; confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may create an Ombudsman program and appoint an ombudsman to administer such program. The purpose of the Ombudsman program shall be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed before the Commission<\/span>. The ombudsman shall be an attorney licensed by the Virginia State Bar, in active status, and in good standing. The ombudsman and any Ombudsman program personnel shall carry out their duties with impartiality and shall not serve as an advocate for any person or provide legal advice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All memoranda, work products, and other materials<\/span> contained in the case files<\/span> of the ombudsman or Ombudsman program personnel shall be confidential. Any communication between the ombudsman or Ombudsman program personnel and a person receiving assistance as provided by this section that is made during or in connection with the provision of Ombudsman program services, including screening, intake, and scheduling, shall be confidential.\n\t\t\tConfidential materials<\/span> and communications are not subject to disclosure and shall not be admissible<\/span> in any judicial or administrative proceeding except where (i) a threat to inflict bodily injury<\/span> is made; (ii) communications are intentionally used to plan, attempt to commit, or commit a crime<\/span> or conceal an ongoing crime<\/span>; (iii) a complaint is made against Ombudsman program personnel by a person receiving assistance to the extent necessary for the complainant to prove misconduct or the Ombudsman program personnel to defend against such complaint; or (iv) communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed<\/span> against the legal representative of a person who received assistance from the Ombudsman program.\n\t\t\tConfidential materials<\/span> and communications as described in this section are not subject to mandatory disclosure under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The ombudsman and Ombudsman program personnel are immune from civil liability in their performance of the duties specified in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOMBUDSMAN PROGRAM; CONFIDENTIALITY (\u00a7 65.2-205)\n\nA. The Commission may create an Ombudsman program and appoint an ombudsman to\nadminister such program. The purpose of the Ombudsman program shall be to\nprovide neutral educational information and assistance to persons who are not\nrepresented by an attorney, including those persons who have claims pending or\ndocketed before the Commission. The ombudsman shall be an attorney licensed by\nthe Virginia State Bar, in active status, and in good standing. The ombudsman\nand any Ombudsman program personnel shall carry out their duties with\nimpartiality and shall not serve as an advocate for any person or provide legal\nadvice.\n\nB. All memoranda, work products, and other materials contained in the case files\nof the ombudsman or Ombudsman program personnel shall be confidential. Any\ncommunication between the ombudsman or Ombudsman program personnel and a person\nreceiving assistance as provided by this section that is made during or in\nconnection with the provision of Ombudsman program services, including\nscreening, intake, and scheduling, shall be confidential.\n\t\t\tConfidential materials and communications are not subject to disclosure and\nshall not be admissible in any judicial or administrative proceeding except\nwhere (i) a threat to inflict bodily injury is made; (ii) communications are\nintentionally used to plan, attempt to commit, or commit a crime or conceal an\nongoing crime; (iii) a complaint is made against Ombudsman program personnel by\na person receiving assistance to the extent necessary for the complainant to\nprove misconduct or the Ombudsman program personnel to defend against such\ncomplaint; or (iv) communications are sought or offered to prove or disprove a\nclaim or complaint of misconduct or malpractice filed against the legal\nrepresentative of a person who received assistance from the Ombudsman program.\n\t\t\tConfidential materials and communications as described in this section are\nnot subject to mandatory disclosure under the Virginia Freedom of Information\nAct (§ 2.2-3700 et seq.).\n\nC. The ombudsman and Ombudsman program personnel are immune from civil liability\nin their performance of the duties specified in this section.\n\nHISTORY: 2020, c. 616.","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}}