{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-399.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-399.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-399.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-399.html"}],"law_id":82405,"edition_id":1,"section_id":82405,"structure_id":13957,"section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","history":"Code 1950, \u00a7 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993, c. 556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649, 692; 2009, c. 714.","full_text":"A\n\nExcept at the request or with the consent of the patient, or as provided in this section, no duly licensed practitioner of any branch of the healing arts shall be permitted to testify in any civil action, respecting any information that he may have acquired in attending, examining or treating the patient in a professional capacity.B\n\nIf the physical or mental condition of the patient is at issue in a civil action, the diagnoses, signs and symptoms, observations, evaluations, histories, or treatment plan of the practitioner, obtained or formulated as contemporaneously documented during the course of the practitioner’s treatment, together with the facts communicated to, or otherwise learned by, such practitioner in connection with such attendance, examination or treatment shall be disclosed but only in discovery pursuant to the Rules of Court or through testimony at the trial of the action. In addition, disclosure may be ordered when a court, in the exercise of sound discretion, deems it necessary to the proper administration of justice. However, no order shall be entered compelling a party to sign a release for medical records from a health care provider unless the health care provider is not located in the Commonwealth or is a federal facility. If an order is issued pursuant to this section, it shall be restricted to the medical records that relate to the physical or mental conditions at issue in the case. No disclosure of diagnosis or treatment plan facts communicated to, or otherwise learned by, such practitioner shall occur if the court determines, upon the request of the patient, that such facts are not relevant to the subject matter involved in the pending action or do not appear to be reasonably calculated to lead to the discovery of admissible evidence. Only diagnosis offered to a reasonable degree of medical probability shall be admissible at trial.C\n\nThis section shall not (i) be construed to repeal or otherwise affect the provisions of § 65.2-607 relating to privileged communications between physicians and surgeons and employees under the Workers’ Compensation Act; (ii) apply to information communicated to any such practitioner in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug; or (iii) prohibit a duly licensed practitioner of the healing arts, or his agents, from disclosing information as required by state or federal law.D\n\nNeither a lawyer nor anyone acting on the lawyer’s behalf shall obtain, in connection with pending or threatened litigation, information concerning a patient from a practitioner of any branch of the healing arts without the consent of the patient, except through discovery pursuant to the Rules of Supreme Court as herein provided. However, the prohibition of this subsection shall not apply to:1\n\nCommunication between a lawyer retained to represent a practitioner of the healing arts, or that lawyer’s agent, and that practitioner’s employers, partners, agents, servants, employees, co-employees or others for whom, at law, the practitioner is or may be liable or who, at law, are or may be liable for the practitioner’s acts or omissions;2\n\nInformation about a patient provided to a lawyer or his agent by a practitioner of the healing arts employed by that lawyer to examine or evaluate the patient in accordance with Rule 4:10 of the Rules of Supreme Court; or3\n\nContact between a lawyer or his agent and a nonphysician employee or agent of a practitioner of healing arts for any of the following purposes: (i) scheduling appearances, (ii) requesting a written recitation by the practitioner of handwritten records obtained by the lawyer or his agent from the practitioner, provided the request is made in writing and, if litigation is pending, a copy of the request and the practitioner’s response is provided simultaneously to the patient or his attorney, (iii) obtaining information necessary to obtain service upon the practitioner in pending litigation, (iv) determining when records summoned will be provided by the practitioner or his agent, (v) determining what patient records the practitioner possesses in order to summons records in pending litigation, (vi) explaining any summons that the lawyer or his agent caused to be issued and served on the practitioner, (vii) verifying dates the practitioner treated the patient, provided that if litigation is pending the information obtained by the lawyer or his agent is promptly given, in writing, to the patient or his attorney, (viii) determining charges by the practitioner for appearance at a deposition or to testify before any tribunal or administrative body, or (ix) providing to or obtaining from the practitioner directions to a place to which he is or will be summoned to give testimony.E\n\nA clinical psychologist duly licensed under the provisions of Chapter 36 (§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of a branch of the healing arts within the meaning of this section.F\n\nNothing herein shall prevent a duly licensed practitioner of the healing arts, or his agents, from disclosing any information that he may have acquired in attending, examining or treating a patient in a professional capacity where such disclosure is necessary in connection with the care of the patient, the protection or enforcement of a practitioner’s legal rights including such rights with respect to medical malpractice actions, or the operations of a health care facility or health maintenance organization or in order to comply with state or federal law.","order_by":null,"text":{"0":{"id":295247,"text":"Except at the request or with the consent of the patient, or as provided in this section, no duly licensed practitioner of any branch of the healing arts shall be permitted to testify in any civil action, respecting any information that he may have acquired in attending, examining or treating the patient in a professional capacity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295248,"text":"If the physical or mental condition of the patient is at issue in a civil action, the diagnoses, signs and symptoms, observations, evaluations, histories, or treatment plan of the practitioner, obtained or formulated as contemporaneously documented during the course of the practitioner’s treatment, together with the facts communicated to, or otherwise learned by, such practitioner in connection with such attendance, examination or treatment shall be disclosed but only in discovery pursuant to the Rules of Court or through testimony at the trial of the action. In addition, disclosure may be ordered when a court, in the exercise of sound discretion, deems it necessary to the proper administration of justice. However, no order shall be entered compelling a party to sign a release for medical records from a health care provider unless the health care provider is not located in the Commonwealth or is a federal facility. If an order is issued pursuant to this section, it shall be restricted to the medical records that relate to the physical or mental conditions at issue in the case. No disclosure of diagnosis or treatment plan facts communicated to, or otherwise learned by, such practitioner shall occur if the court determines, upon the request of the patient, that such facts are not relevant to the subject matter involved in the pending action or do not appear to be reasonably calculated to lead to the discovery of admissible evidence. Only diagnosis offered to a reasonable degree of medical probability shall be admissible at trial.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295249,"text":"This section shall not (i) be construed to repeal or otherwise affect the provisions of § 65.2-607 relating to privileged communications between physicians and surgeons and employees under the Workers’ Compensation Act; (ii) apply to information communicated to any such practitioner in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug; or (iii) prohibit a duly licensed practitioner of the healing arts, or his agents, from disclosing information as required by state or federal law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":295250,"text":"Neither a lawyer nor anyone acting on the lawyer’s behalf shall obtain, in connection with pending or threatened litigation, information concerning a patient from a practitioner of any branch of the healing arts without the consent of the patient, except through discovery pursuant to the Rules of Supreme Court as herein provided. However, the prohibition of this subsection shall not apply to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":295251,"text":"Communication between a lawyer retained to represent a practitioner of the healing arts, or that lawyer’s agent, and that practitioner’s employers, partners, agents, servants, employees, co-employees or others for whom, at law, the practitioner is or may be liable or who, at law, are or may be liable for the practitioner’s acts or omissions;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":295252,"text":"Information about a patient provided to a lawyer or his agent by a practitioner of the healing arts employed by that lawyer to examine or evaluate the patient in accordance with Rule 4:10 of the Rules of Supreme Court; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":295253,"text":"Contact between a lawyer or his agent and a nonphysician employee or agent of a practitioner of healing arts for any of the following purposes: (i) scheduling appearances, (ii) requesting a written recitation by the practitioner of handwritten records obtained by the lawyer or his agent from the practitioner, provided the request is made in writing and, if litigation is pending, a copy of the request and the practitioner’s response is provided simultaneously to the patient or his attorney, (iii) obtaining information necessary to obtain service upon the practitioner in pending litigation, (iv) determining when records summoned will be provided by the practitioner or his agent, (v) determining what patient records the practitioner possesses in order to summons records in pending litigation, (vi) explaining any summons that the lawyer or his agent caused to be issued and served on the practitioner, (vii) verifying dates the practitioner treated the patient, provided that if litigation is pending the information obtained by the lawyer or his agent is promptly given, in writing, to the patient or his attorney, (viii) determining charges by the practitioner for appearance at a deposition or to testify before any tribunal or administrative body, or (ix) providing to or obtaining from the practitioner directions to a place to which he is or will be summoned to give testimony.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":295254,"text":"A clinical psychologist duly licensed under the provisions of Chapter 36 (§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of a branch of the healing arts within the meaning of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"8":{"id":295255,"text":"Nothing herein shall prevent a duly licensed practitioner of the healing arts, or his agents, from disclosing any information that he may have acquired in attending, examining or treating a patient in a professional capacity where such disclosure is necessary in connection with the care of the patient, the protection or enforcement of a practitioner’s legal rights including such rights with respect to medical malpractice actions, or the operations of a health care facility or health maintenance organization or in order to comply with state or federal law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13957,"edition_id":1,"name":"Witnesses Generally","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:46:25","date_modified":"2026-06-26 03:46:25","permalink":{"id":277427,"object_type":"structure","relational_id":13957,"identifier":"4","token":"8.01\/14\/4","url":"\/8.01\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","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":74141,"structure_id":13957,"section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396","metadata":false},{"id":86691,"structure_id":13957,"section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1","metadata":false},{"id":69399,"structure_id":13957,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","url":"\/8.01-396.2\/","token":"8.01\/14\/4\/8.01-396.2","metadata":false},{"id":84174,"structure_id":13957,"section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397","metadata":false},{"id":55017,"structure_id":13957,"section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1","metadata":false},{"id":85559,"structure_id":13957,"section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398","metadata":false},{"id":82405,"structure_id":13957,"section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399","metadata":false},{"id":61689,"structure_id":13957,"section_number":"8.01-400","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400","metadata":false},{"id":62595,"structure_id":13957,"section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1","metadata":false},{"id":74220,"structure_id":13957,"section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2","metadata":false},{"id":85143,"structure_id":13957,"section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","metadata":false},{"id":64009,"structure_id":13957,"section_number":"8.01-401.1","catch_line":"Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)","url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1","metadata":false},{"id":62896,"structure_id":13957,"section_number":"8.01-401.2","catch_line":"Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness","url":"\/8.01-401.2\/","token":"8.01\/14\/4\/8.01-401.2","metadata":false},{"id":59359,"structure_id":13957,"section_number":"8.01-401.2:1","catch_line":"Podiatrist as an expert witness","url":"\/8.01-401.2_1\/","token":"8.01\/14\/4\/8.01-401.2_1","metadata":false},{"id":56378,"structure_id":13957,"section_number":"8.01-401.3","catch_line":"Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)","url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3","metadata":false},{"id":55390,"structure_id":13957,"section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","url":"\/8.01-402\/","token":"8.01\/14\/4\/8.01-402","metadata":false},{"id":74616,"structure_id":13957,"section_number":"8.01-403","catch_line":"Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-403\/","token":"8.01\/14\/4\/8.01-403","metadata":false},{"id":72125,"structure_id":13957,"section_number":"8.01-404","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-404\/","token":"8.01\/14\/4\/8.01-404","metadata":false},{"id":60442,"structure_id":13957,"section_number":"8.01-405","catch_line":"Who may administer oath to witness","url":"\/8.01-405\/","token":"8.01\/14\/4\/8.01-405","metadata":false},{"id":83241,"structure_id":13957,"section_number":"8.01-406","catch_line":"Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)","url":"\/8.01-406\/","token":"8.01\/14\/4\/8.01-406","metadata":false}],"previous_section":{"id":85559,"structure_id":13957,"section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398","metadata":false},"next_section":{"id":61689,"structure_id":13957,"section_number":"8.01-400","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-399\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1956, chapter 446; in 1966, chapter 673; in 1977, chapter 617; in 1993, chapter 556; in 1996, chapters 937<\/a> and 980<\/a>; in 1998, chapter 314<\/a>; in 2002, chapters 308<\/a> and 723<\/a>; in 2005, chapters 649<\/a> and 692<\/a>; in 2009, chapter 714<\/a>.<\/p>","references":[{"id":72275,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","order_by":null,"url":"\/16.1-245.2\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":65325,"section_number":"54.1-2966","catch_line":"Physicians reporting disabilities to aircraft pilots licensing authorities exempt from liability; testifying in certain proceedings","order_by":null,"url":"\/54.1-2966\/"},{"id":86098,"section_number":"63.2-1509","catch_line":"Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report","order_by":null,"url":"\/63.2-1509\/"},{"id":75087,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","order_by":null,"url":"\/8.01-581.20\/"}],"refers_to":[{"id":79319,"section_number":"54.1-3600","catch_line":"Definitions","order_by":null,"url":"\/54.1-3600\/"},{"id":71780,"section_number":"65.2-607","catch_line":"Medical examination; physician-patient privilege inapplicable; autopsy","order_by":null,"url":"\/65.2-607\/"}],"permalink":{"id":277453,"object_type":"law","relational_id":82405,"identifier":"8.01-399","token":"8.01\/14\/4\/8.01-399","url":"\/8.01-399\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399","dublin_core":{"Title":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-399","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except at the request or with the consent of the patient, or as provided in this section, no duly licensed practitioner of any branch of the healing arts shall be permitted to testify in any civil action<\/span>, respecting any information that he may have acquired in attending, examining or treating the patient in a professional capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the physical or mental condition of the patient is at issue<\/span> in a civil action<\/span>, the diagnoses, signs and symptoms, observations, evaluations, histories, or treatment plan of the practitioner, obtained or formulated as contemporaneously documented during the course of the practitioner’s treatment, together with the facts<\/span> communicated to, or otherwise learned by, such practitioner in connection with such attendance, examination or treatment shall be disclosed but only in discovery<\/span> pursuant to the Rules of Court<\/span> or through testimony<\/span> at the trial<\/span> of the action. In addition, disclosure may be ordered when a court<\/span>, in the exercise of sound discretion, deems it necessary to the proper administration of justice. However, no order<\/span> shall be entered compelling a party<\/span> to sign a release for medical records from a health care provider unless the health care provider is not located in the Commonwealth or is a federal facility. If an order<\/span> is issued pursuant to this section, it shall be restricted to the medical records that relate to the physical or mental conditions at issue<\/span> in the case. No disclosure of diagnosis or treatment plan facts<\/span> communicated to, or otherwise learned by, such practitioner shall occur if the court<\/span> determines, upon the request of the patient, that such facts<\/span> are not relevant to the subject matter involved in the pending action or do not appear to be reasonably calculated to lead to the discovery<\/span> of admissible<\/span> evidence<\/span>. Only diagnosis offered to a reasonable degree of medical probability shall be admissible<\/span> at trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not (i) be construed to repeal or otherwise affect the provisions of § 65.2-607<\/a> relating to privileged communications between physicians and surgeons and employees under the Workers’ Compensation Act; (ii) apply to information communicated to any such practitioner in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug; or (iii) prohibit a duly licensed practitioner of the healing arts, or his agents, from disclosing information as required by state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Neither a lawyer nor anyone acting on the lawyer’s behalf shall obtain, in connection with pending or threatened litigation<\/span>, information concerning a patient from a practitioner of any branch of the healing arts without the consent of the patient, except through discovery<\/span> pursuant to the Rules of Supreme Court<\/span> as herein provided. However, the prohibition of this subsection shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Communication between a lawyer retained to represent a practitioner of the healing arts, or that lawyer’s agent, and that practitioner’s employers, partners, agents, servants, employees, co-employees or others for whom, at law<\/span>, the practitioner is or may be liable or who, at law<\/span>, are or may be liable for the practitioner’s acts or omissions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information about a patient provided to a lawyer or his agent by a practitioner of the healing arts employed by that lawyer to examine or evaluate the patient in accordance with Rule 4:10 of the Rules of Supreme Court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contact between a lawyer or his agent and a nonphysician employee or agent of a practitioner of healing arts for any of the following purposes: (i) scheduling appearances<\/span>, (ii) requesting a written recitation by the practitioner of handwritten records obtained by the lawyer or his agent from the practitioner, provided the request is made in writing and, if litigation<\/span> is pending, a copy of the request and the practitioner’s response is provided simultaneously to the patient or his attorney, (iii) obtaining information necessary to obtain service upon the practitioner in pending litigation<\/span>, (iv) determining when records summoned will be provided by the practitioner or his agent, (v) determining what patient records the practitioner possesses in order<\/span> to summons<\/span> records in pending litigation<\/span>, (vi) explaining any summons<\/span> that the lawyer or his agent caused to be issued and served on the practitioner, (vii) verifying dates the practitioner treated the patient, provided that if litigation<\/span> is pending the information obtained by the lawyer or his agent is promptly given, in writing, to the patient or his attorney, (viii) determining charges by the practitioner for appearance<\/span> at a deposition<\/span> or to testify before any tribunal or administrative body, or (ix) providing to or obtaining from the practitioner directions to a place to which he is or will be summoned to give testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A clinical psychologist duly licensed under the provisions of Chapter 36 (§ 54.1-3600<\/a> et seq.) of Title 54.1 shall be considered a practitioner of a branch of the healing arts within the meaning of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing herein shall prevent a duly licensed practitioner of the healing arts, or his agents, from disclosing any information that he may have acquired in attending, examining or treating a patient in a professional capacity where such disclosure is necessary in connection with the care of the patient, the protection or enforcement of a practitioner’s legal rights including such rights with respect to medical malpractice actions<\/span>, or the operations of a health care facility or health maintenance organization or in order<\/span> to comply with state or federal law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMUNICATIONS BETWEEN PHYSICIANS AND PATIENTS (SUPREME COURT RULE 2:505 DERIVED\nFROM THIS SECTION) (\u00a7 8.01-399)\n\nA. Except at the request or with the consent of the patient, or as provided in\nthis section, no duly licensed practitioner of any branch of the healing arts\nshall be permitted to testify in any civil action, respecting any information\nthat he may have acquired in attending, examining or treating the patient in a\nprofessional capacity.\n\nB. If the physical or mental condition of the patient is at issue in a civil\naction, the diagnoses, signs and symptoms, observations, evaluations, histories,\nor treatment plan of the practitioner, obtained or formulated as\ncontemporaneously documented during the course of the practitioner’s\ntreatment, together with the facts communicated to, or otherwise learned by,\nsuch practitioner in connection with such attendance, examination or treatment\nshall be disclosed but only in discovery pursuant to the Rules of Court or\nthrough testimony at the trial of the action. In addition, disclosure may be\nordered when a court, in the exercise of sound discretion, deems it necessary to\nthe proper administration of justice. However, no order shall be entered\ncompelling a party to sign a release for medical records from a health care\nprovider unless the health care provider is not located in the Commonwealth or\nis a federal facility. If an order is issued pursuant to this section, it shall\nbe restricted to the medical records that relate to the physical or mental\nconditions at issue in the case. No disclosure of diagnosis or treatment plan\nfacts communicated to, or otherwise learned by, such practitioner shall occur if\nthe court determines, upon the request of the patient, that such facts are not\nrelevant to the subject matter involved in the pending action or do not appear\nto be reasonably calculated to lead to the discovery of admissible evidence.\nOnly diagnosis offered to a reasonable degree of medical probability shall be\nadmissible at trial.\n\nC. This section shall not (i) be construed to repeal or otherwise affect the\nprovisions of § 65.2-607 relating to privileged communications between\nphysicians and surgeons and employees under the Workers’ Compensation Act;\n(ii) apply to information communicated to any such practitioner in an effort\nunlawfully to procure a narcotic drug, or unlawfully to procure the\nadministration of any such drug; or (iii) prohibit a duly licensed practitioner\nof the healing arts, or his agents, from disclosing information as required by\nstate or federal law.\n\nD. Neither a lawyer nor anyone acting on the lawyer’s behalf shall obtain,\nin connection with pending or threatened litigation, information concerning a\npatient from a practitioner of any branch of the healing arts without the\nconsent of the patient, except through discovery pursuant to the Rules of\nSupreme Court as herein provided. However, the prohibition of this subsection\nshall not apply to:\n\n 1. Communication between a lawyer retained to represent a practitioner of the\n healing arts, or that lawyer’s agent, and that practitioner’s\n employers, partners, agents, servants, employees, co-employees or others for\n whom, at law, the practitioner is or may be liable or who, at law, are or may\n be liable for the practitioner’s acts or omissions;\n\n 2. Information about a patient provided to a lawyer or his agent by a\n practitioner of the healing arts employed by that lawyer to examine or\n evaluate the patient in accordance with Rule 4:10 of the Rules of Supreme\n Court; or\n\n 3. Contact between a lawyer or his agent and a nonphysician employee or agent\n of a practitioner of healing arts for any of the following purposes: (i)\n scheduling appearances, (ii) requesting a written recitation by the\n practitioner of handwritten records obtained by the lawyer or his agent from\n the practitioner, provided the request is made in writing and, if litigation\n is pending, a copy of the request and the practitioner’s response is\n provided simultaneously to the patient or his attorney, (iii) obtaining\n information necessary to obtain service upon the practitioner in pending\n litigation, (iv) determining when records summoned will be provided by the\n practitioner or his agent, (v) determining what patient records the\n practitioner possesses in order to summons records in pending litigation, (vi)\n explaining any summons that the lawyer or his agent caused to be issued and\n served on the practitioner, (vii) verifying dates the practitioner treated the\n patient, provided that if litigation is pending the information obtained by\n the lawyer or his agent is promptly given, in writing, to the patient or his\n attorney, (viii) determining charges by the practitioner for appearance at a\n deposition or to testify before any tribunal or administrative body, or (ix)\n providing to or obtaining from the practitioner directions to a place to which\n he is or will be summoned to give testimony.\n\nE. A clinical psychologist duly licensed under the provisions of Chapter 36\n(§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of a\nbranch of the healing arts within the meaning of this section.\n\nF. Nothing herein shall prevent a duly licensed practitioner of the healing\narts, or his agents, from disclosing any information that he may have acquired\nin attending, examining or treating a patient in a professional capacity where\nsuch disclosure is necessary in connection with the care of the patient, the\nprotection or enforcement of a practitioner’s legal rights including such\nrights with respect to medical malpractice actions, or the operations of a\nhealth care facility or health maintenance organization or in order to comply\nwith state or federal law.\n\nHISTORY: Code 1950, \u00a7 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993,\nc. 556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649,\n692; 2009, c. 714.","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}}