{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-225.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-225.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-225.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-225.01.html"}],"law_id":86816,"edition_id":1,"section_id":86816,"structure_id":13673,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","history":"2003, c. 507; 2008, cc. 121, 157; 2014, c. 320; 2022, c. 617.","full_text":"A\n\nIn the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster by delivering health care to persons injured in such disaster or who commits any act or omission as directed by any order of public health in response to such disaster shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared and (ii) the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider’s voluntary or mandatory response to the relevant disaster, order of public health, resource shortage, or other condition arising out of the disaster.B\n\nIn the absence of gross negligence or willful misconduct, any hospital or other entity credentialing health care providers to deliver health care in response to a disaster shall be immune from civil liability for any cause of action arising out of such credentialing or granting of practice privileges if (i) a state or local emergency has been or is subsequently declared and (ii) the hospital has followed procedures for such credentialing and granting of practice privileges that are consistent with the applicable standards of an approved national accrediting organization for granting emergency practice privileges.C\n\nFor the purposes of this section:\n\t\t\t“Approved national accrediting organization” means an organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation pursuant to § 1865 of Title XVIII of the Social Security Act (42 U.S.C. § 1395bb).\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster” as those terms are used and defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16.\n\t\t\t“Public health emergency” means the condition declared by the State Commissioner of Health when, in his judgment, the threat or actual occurrence of a disaster due to a communicable disease of public health threat in any part of the Commonwealth is of sufficient severity and magnitude to warrant public health orders and other measures aimed at preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16.D\n\nThe immunity provided by this section shall be in addition to, and shall not be in lieu of, any immunities provided in other state or federal law, including, but not limited to, §§ 8.01-225 and 44-146.23.","order_by":null,"text":{"0":{"id":310869,"text":"In the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster by delivering health care to persons injured in such disaster or who commits any act or omission as directed by any order of public health in response to such disaster shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared and (ii) the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider’s voluntary or mandatory response to the relevant disaster, order of public health, resource shortage, or other condition arising out of the disaster.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310870,"text":"In the absence of gross negligence or willful misconduct, any hospital or other entity credentialing health care providers to deliver health care in response to a disaster shall be immune from civil liability for any cause of action arising out of such credentialing or granting of practice privileges if (i) a state or local emergency has been or is subsequently declared and (ii) the hospital has followed procedures for such credentialing and granting of practice privileges that are consistent with the applicable standards of an approved national accrediting organization for granting emergency practice privileges.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310871,"text":"For the purposes of this section:\n\t\t\t“Approved national accrediting organization” means an organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation pursuant to § 1865 of Title XVIII of the Social Security Act (42 U.S.C. § 1395bb).\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster” as those terms are used and defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16.\n\t\t\t“Public health emergency” means the condition declared by the State Commissioner of Health when, in his judgment, the threat or actual occurrence of a disaster due to a communicable disease of public health threat in any part of the Commonwealth is of sufficient severity and magnitude to warrant public health orders and other measures aimed at preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310872,"text":"The immunity provided by this section shall be in addition to, and shall not be in lieu of, any immunities provided in other state or federal law, including, but not limited to, §§ 8.01-225 and 44-146.23.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","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":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction 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check","url":"\/8.01-226.10\/","token":"8.01\/3\/21\/8.01-226.10","metadata":false},{"id":69522,"structure_id":13673,"section_number":"8.01-226.11","catch_line":"Civil immunity for operation of victim notification program","url":"\/8.01-226.11\/","token":"8.01\/3\/21\/8.01-226.11","metadata":false},{"id":58887,"structure_id":13673,"section_number":"8.01-226.12","catch_line":"Duty of landlord and managing agent with respect to visible mold","url":"\/8.01-226.12\/","token":"8.01\/3\/21\/8.01-226.12","metadata":false},{"id":55958,"structure_id":13673,"section_number":"8.01-226.13","catch_line":"Limited standing to seek injunctive relief against manufacturing companies","url":"\/8.01-226.13\/","token":"8.01\/3\/21\/8.01-226.13","metadata":false},{"id":55544,"structure_id":13673,"section_number":"8.01-226.2","catch_line":"Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief 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probationers","url":"\/8.01-226.8\/","token":"8.01\/3\/21\/8.01-226.8","metadata":false},{"id":81275,"structure_id":13673,"section_number":"8.01-226.9","catch_line":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","metadata":false},{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false}],"previous_section":{"id":72312,"structure_id":13673,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","url":"\/8.01-225\/","token":"8.01\/3\/21\/8.01-225","metadata":false},"next_section":{"id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-225.01\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 507<\/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 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 121<\/a> and 157<\/a>; in 2014, chapter 320<\/a>; in 2022, chapter 617<\/a>.<\/p>","references":[{"id":54649,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","order_by":null,"url":"\/8.01-225.02\/"}],"refers_to":[{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":76000,"section_number":"44-146.23","catch_line":"Immunity from liability","order_by":null,"url":"\/44-146.23\/"},{"id":72312,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","order_by":null,"url":"\/8.01-225\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280511,"object_type":"law","relational_id":86816,"identifier":"8.01-225.01","token":"8.01\/3\/21\/8.01-225.01","url":"\/8.01-225.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-225.01\/","token":"8.01\/3\/21\/8.01-225.01","dublin_core":{"Title":"Certain immunity for health care providers during disasters under specific circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-225.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the absence of gross negligence<\/span> or willful misconduct, any health care provider who responds to a disaster<\/span> by delivering health care to persons<\/span> injured in such disaster<\/span> or who commits any act or omission as directed by any order<\/span> of public health in response to such disaster<\/span> shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person<\/span> to whom such health care provider owes a duty to provide health care when (i) a local emergency, state of emergency, or public health emergency<\/span> has been or is subsequently declared and (ii) the provider was unable to provide the requisite health care to the person<\/span> to whom he owed such duty of care as a result of the provider’s voluntary or mandatory response to the relevant disaster<\/span>, order<\/span> of public health, resource shortage, or other condition arising out of the disaster<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the absence of gross negligence<\/span> or willful misconduct, any hospital or other entity credentialing health care providers to deliver health care in response to a disaster<\/span> shall be immune from civil liability for any cause of action<\/span> arising out of such credentialing or granting of practice privileges<\/span> if (i) a state or local emergency has been or is subsequently declared and (ii) the hospital has followed procedures for such credentialing and granting of practice privileges<\/span> that are consistent with the applicable standards of an approved national accrediting organization<\/span> for granting emergency practice privileges<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section:\n\t\t\t“Approved national accrediting organization<\/span>” means an organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation pursuant to § 1865 of Title XVIII of the Social Security Act (42 U.S.C. § 1395bb).\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster<\/span>” as those terms are used and defined in § 44-146.16<\/a>.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1<\/a>.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“Public health emergency<\/span>” means the condition declared by the State Commissioner of Health when, in his judgment<\/span>, the threat or actual occurrence of a disaster due to a communicable disease of public health threat in any part of the Commonwealth is of sufficient severity and magnitude to warrant public health orders<\/span> and other measures aimed at preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The immunity provided by this section shall be in addition to, and shall not be in lieu of, any immunities provided in other state or federal law<\/span>, including, but not limited to, §§ 8.01-225<\/a> and 44-146.23<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN IMMUNITY FOR HEALTH CARE PROVIDERS DURING DISASTERS UNDER SPECIFIC\nCIRCUMSTANCES (\u00a7 8.01-225.01)\n\nA. In the absence of gross negligence or willful misconduct, any health care\nprovider who responds to a disaster by delivering health care to persons injured\nin such disaster or who commits any act or omission as directed by any order of\npublic health in response to such disaster shall be immune from civil liability\nfor any injury or wrongful death arising from abandonment by such health care\nprovider of any person to whom such health care provider owes a duty to provide\nhealth care when (i) a local emergency, state of emergency, or public health\nemergency has been or is subsequently declared and (ii) the provider was unable\nto provide the requisite health care to the person to whom he owed such duty of\ncare as a result of the provider’s voluntary or mandatory response to the\nrelevant disaster, order of public health, resource shortage, or other condition\narising out of the disaster.\n\nB. In the absence of gross negligence or willful misconduct, any hospital or\nother entity credentialing health care providers to deliver health care in\nresponse to a disaster shall be immune from civil liability for any cause of\naction arising out of such credentialing or granting of practice privileges if\n(i) a state or local emergency has been or is subsequently declared and (ii) the\nhospital has followed procedures for such credentialing and granting of practice\nprivileges that are consistent with the applicable standards of an approved\nnational accrediting organization for granting emergency practice privileges.\n\nC. For the purposes of this section:\n\t\t\t“Approved national accrediting organization” means an\norganization granted authority by the Centers for Medicare and Medicaid Services\nto ensure compliance with Medicare conditions of participation pursuant to\n§ 1865 of Title XVIII of the Social Security Act (42 U.S.C. § 1395bb).\n\t\t\t“Communicable disease of public health threat” has the same\ndefinition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,”\n“emergency,” or “major disaster” as those terms are used\nand defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in\n§ 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in §\n44-146.16.\n\t\t\t“Public health emergency” means the condition declared by the\nState Commissioner of Health when, in his judgment, the threat or actual\noccurrence of a disaster due to a communicable disease of public health threat\nin any part of the Commonwealth is of sufficient severity and magnitude to\nwarrant public health orders and other measures aimed at preventing or\nalleviating the damage, loss, hardship, or suffering threatened or caused\nthereby and is so declared by him.\n\t\t\t“Resource shortage” has the same definition as provided in §\n44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in\n§ 44-146.16.\n\nD. The immunity provided by this section shall be in addition to, and shall not\nbe in lieu of, any immunities provided in other state or federal law, including,\nbut not limited to, §§ 8.01-225 and 44-146.23.\n\nHISTORY: 2003, c. 507; 2008, cc. 121, 157; 2014, c. 320; 2022, c. 617.","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}}