{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.17.html"}],"law_id":75226,"edition_id":1,"section_id":75226,"structure_id":14388,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","history":"Code 1950, \u00a7 8-654.10; 1976, c. 611; 1977, c. 617; 1995, c. 500; 1997, c. 292; 2001, c. 381; 2002, c. 675; 2004, c. 250; 2006, cc. 412, 678; 2007, c. 530; 2010, c. 196; 2011, cc. 15, 753; 2014, c. 320; 2020, cc. 198, 1093.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Centralized credentialing service” means (i) gathering information relating to applications for professional staff privileges at any public or licensed private hospital or for participation as a provider in any health maintenance organization, preferred provider organization, or any similar organization and (ii) providing such information to those hospitals and organizations that utilize the service.\n\t\t\t“Patient safety data” means reports made to patient safety organizations together with all health care data, interviews, memoranda, analyses, root cause analyses, products of quality assurance or quality improvement processes, corrective action plans, or information collected or created by a health care provider as a result of an occurrence related to the provision of health care services.\n\t\t\t“Patient safety organization” means any organization, group, or other entity that collects and analyzes patient safety data for the purpose of improving patient safety and health care outcomes and that is independent and not under the control of the entity that reports patient safety data.B\n\nThe proceedings, minutes, records, and reports of any (i) medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity as specified in § 8.01-581.16; (ii) nonprofit entity that provides a centralized credentialing service; or (iii) quality assurance, quality of care, or peer review committee established pursuant to guidelines approved or adopted by (a) a national or state physician peer review entity, (b) a national or state physician accreditation entity, (c) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, (d) a licensee of a managed care health insurance plan (MCHIP) as defined in § 38.2-5800, (e) the Office of Emergency Medical Services or any regional emergency medical services council, or (f) a statewide or local association representing health care providers licensed in the Commonwealth, together with all communications, both oral and written, originating in or provided to such committees or entities, are privileged communications which may not be disclosed or obtained by legal discovery proceedings unless a circuit court, after a hearing and for good cause arising from extraordinary circumstances being shown, orders the disclosure of such proceedings, minutes, records, reports, or communications. Additionally, for the purposes of this section, accreditation and peer review records of the American College of Radiology and the Medical Society of Virginia are considered privileged communications. Oral communications regarding a specific medical incident involving patient care, made to a quality assurance, quality of care, or peer review committee established pursuant to clause (iii), shall be privileged only to the extent made more than 24 hours after the occurrence of the medical incident. Nothing in this section shall be construed as providing any privilege to any health care provider, emergency medical services agency, community services board, or behavioral health authority with respect to any factual information regarding specific patient health care or treatment, including patient health care incidents, whether oral, electronic, or written. However, the analysis, findings, conclusions, recommendations, and the deliberative process of any medical staff committee, utilization review committee, or other committee, board, group, commission, or other entity specified in § 8.01-581.16, as well as the proceedings, minutes, records, and reports, including the opinions and reports of experts, of such entities shall be privileged in their entirety under this section. Information known by a witness with knowledge of the facts or treating health care provider is not privileged or protected from discovery merely because it is provided to a committee, board, group, commission, or other entity specified in § 8.01-581.16, and may be discovered by deposition or otherwise in the course of discovery. A person involved in the work of the entities referenced in this subsection shall not be made a witness with knowledge of the facts by virtue of his involvement in the quality assurance, peer review, professional program, or credentialing process.C\n\nNothing in this section shall be construed as providing any privilege to health care provider, emergency medical services agency, community services board, or behavioral health authority medical records kept with respect to a patient, whose treatment is at issue, in the ordinary course of business of operating a hospital, emergency medical services agency, community services board, or behavioral health authority nor to any facts or information contained in medical records, nor shall this section preclude or affect discovery of or production of evidence relating to hospitalization or treatment of such patient in the ordinary course of the patient’s hospitalization or treatment. However, the proceedings, minutes, records, reports, analysis, findings, conclusions, recommendations, and the deliberative process, including opinions and reports of experts, of any medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity specified in § 8.01-581.16 shall not constitute medical records, are privileged in their entirety, and are not discoverable.D\n\nNotwithstanding any other provision of this section, reports or patient safety data in possession of a patient safety organization, together with the identity of the reporter and all related correspondence, documentation, analysis, results, or recommendations, shall be privileged and confidential and shall not be subject to a civil, criminal, or administrative subpoena or admitted as evidence in any civil, criminal, or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information, or records referenced in subsection C as related to patient care from a source other than a patient safety organization.E\n\nAny patient safety organization shall promptly remove all patient-identifying information after receipt of a complete patient safety data report unless such organization is otherwise permitted by state or federal law to maintain such information. Patient safety organizations shall maintain the confidentiality of all patient-identifying information and shall not disseminate such information except as permitted by state or federal law.F\n\nExchange of (i) patient safety data among health care providers or patient safety organizations that does not identify any patient or (ii) information privileged pursuant to subsection B between professional programs, committees, boards, groups, commissions, or other entities specified in § 8.01-581.16 shall not constitute a waiver of any privilege established in this section.G\n\nReports of patient safety data to patient safety organizations shall not abrogate obligations to make reports to health regulatory boards or other agencies as required by state or federal law.H\n\nNo employer shall take retaliatory action against an employee who in good faith makes a report of patient safety data to a patient safety organization.I\n\nReports produced solely for purposes of self-assessment of compliance with requirements or standards of a national accrediting 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) shall be privileged and confidential and shall not be subject to subpoena or admitted as evidence in a civil or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information, or records referenced in subsection C as related to patient care from a source other than such accreditation body. A health care provider’s release of such reports to such accreditation body shall not constitute a waiver of any privilege provided under this section.","order_by":null,"text":{"0":{"id":270136,"text":"For the purposes of this section:\n\t\t\t“Centralized credentialing service” means (i) gathering information relating to applications for professional staff privileges at any public or licensed private hospital or for participation as a provider in any health maintenance organization, preferred provider organization, or any similar organization and (ii) providing such information to those hospitals and organizations that utilize the service.\n\t\t\t“Patient safety data” means reports made to patient safety organizations together with all health care data, interviews, memoranda, analyses, root cause analyses, products of quality assurance or quality improvement processes, corrective action plans, or information collected or created by a health care provider as a result of an occurrence related to the provision of health care services.\n\t\t\t“Patient safety organization” means any organization, group, or other entity that collects and analyzes patient safety data for the purpose of improving patient safety and health care outcomes and that is independent and not under the control of the entity that reports patient safety data.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270137,"text":"The proceedings, minutes, records, and reports of any (i) medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity as specified in § 8.01-581.16; (ii) nonprofit entity that provides a centralized credentialing service; or (iii) quality assurance, quality of care, or peer review committee established pursuant to guidelines approved or adopted by (a) a national or state physician peer review entity, (b) a national or state physician accreditation entity, (c) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, (d) a licensee of a managed care health insurance plan (MCHIP) as defined in § 38.2-5800, (e) the Office of Emergency Medical Services or any regional emergency medical services council, or (f) a statewide or local association representing health care providers licensed in the Commonwealth, together with all communications, both oral and written, originating in or provided to such committees or entities, are privileged communications which may not be disclosed or obtained by legal discovery proceedings unless a circuit court, after a hearing and for good cause arising from extraordinary circumstances being shown, orders the disclosure of such proceedings, minutes, records, reports, or communications. Additionally, for the purposes of this section, accreditation and peer review records of the American College of Radiology and the Medical Society of Virginia are considered privileged communications. Oral communications regarding a specific medical incident involving patient care, made to a quality assurance, quality of care, or peer review committee established pursuant to clause (iii), shall be privileged only to the extent made more than 24 hours after the occurrence of the medical incident. Nothing in this section shall be construed as providing any privilege to any health care provider, emergency medical services agency, community services board, or behavioral health authority with respect to any factual information regarding specific patient health care or treatment, including patient health care incidents, whether oral, electronic, or written. However, the analysis, findings, conclusions, recommendations, and the deliberative process of any medical staff committee, utilization review committee, or other committee, board, group, commission, or other entity specified in § 8.01-581.16, as well as the proceedings, minutes, records, and reports, including the opinions and reports of experts, of such entities shall be privileged in their entirety under this section. Information known by a witness with knowledge of the facts or treating health care provider is not privileged or protected from discovery merely because it is provided to a committee, board, group, commission, or other entity specified in § 8.01-581.16, and may be discovered by deposition or otherwise in the course of discovery. A person involved in the work of the entities referenced in this subsection shall not be made a witness with knowledge of the facts by virtue of his involvement in the quality assurance, peer review, professional program, or credentialing process.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270138,"text":"Nothing in this section shall be construed as providing any privilege to health care provider, emergency medical services agency, community services board, or behavioral health authority medical records kept with respect to a patient, whose treatment is at issue, in the ordinary course of business of operating a hospital, emergency medical services agency, community services board, or behavioral health authority nor to any facts or information contained in medical records, nor shall this section preclude or affect discovery of or production of evidence relating to hospitalization or treatment of such patient in the ordinary course of the patient’s hospitalization or treatment. However, the proceedings, minutes, records, reports, analysis, findings, conclusions, recommendations, and the deliberative process, including opinions and reports of experts, of any medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity specified in § 8.01-581.16 shall not constitute medical records, are privileged in their entirety, and are not discoverable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":270139,"text":"Notwithstanding any other provision of this section, reports or patient safety data in possession of a patient safety organization, together with the identity of the reporter and all related correspondence, documentation, analysis, results, or recommendations, shall be privileged and confidential and shall not be subject to a civil, criminal, or administrative subpoena or admitted as evidence in any civil, criminal, or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information, or records referenced in subsection C as related to patient care from a source other than a patient safety organization.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":270140,"text":"Any patient safety organization shall promptly remove all patient-identifying information after receipt of a complete patient safety data report unless such organization is otherwise permitted by state or federal law to maintain such information. Patient safety organizations shall maintain the confidentiality of all patient-identifying information and shall not disseminate such information except as permitted by state or federal law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":270141,"text":"Exchange of (i) patient safety data among health care providers or patient safety organizations that does not identify any patient or (ii) information privileged pursuant to subsection B between professional programs, committees, boards, groups, commissions, or other entities specified in § 8.01-581.16 shall not constitute a waiver of any privilege established in this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":270142,"text":"Reports of patient safety data to patient safety organizations shall not abrogate obligations to make reports to health regulatory boards or other agencies as required by state or federal law.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":270143,"text":"No employer shall take retaliatory action against an employee who in good faith makes a report of patient safety data to a patient safety organization.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":270144,"text":"Reports produced solely for purposes of self-assessment of compliance with requirements or standards of a national accrediting 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) shall be privileged and confidential and shall not be subject to subpoena or admitted as evidence in a civil or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information, or records referenced in subsection C as related to patient care from a source other than such accreditation body. A health care provider’s release of such reports to such accreditation body shall not constitute a waiver of any privilege provided under this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14388,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14387,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278979,"object_type":"structure","relational_id":14388,"identifier":"2","token":"8.01\/21.1\/2","url":"\/8.01\/21.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14387,"edition_id":1,"name":"Medical Malpractice","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278895,"object_type":"structure","relational_id":14387,"identifier":"21.1","token":"8.01\/21.1","url":"\/8.01\/21.1\/","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":59392,"structure_id":14388,"section_number":"8.01-581.13","catch_line":"Civil immunity for certain health professionals and health profession students serving as members of certain entities","url":"\/8.01-581.13\/","token":"8.01\/21.1\/2\/8.01-581.13","metadata":false},{"id":60855,"structure_id":14388,"section_number":"8.01-581.14","catch_line":"Repealed","url":"\/8.01-581.14\/","token":"8.01\/21.1\/2\/8.01-581.14","metadata":false},{"id":66555,"structure_id":14388,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","url":"\/8.01-581.15\/","token":"8.01\/21.1\/2\/8.01-581.15","metadata":false},{"id":55726,"structure_id":14388,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","url":"\/8.01-581.16\/","token":"8.01\/21.1\/2\/8.01-581.16","metadata":false},{"id":75226,"structure_id":14388,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","url":"\/8.01-581.17\/","token":"8.01\/21.1\/2\/8.01-581.17","metadata":false},{"id":57108,"structure_id":14388,"section_number":"8.01-581.18","catch_line":"Delivery of results of laboratory tests and other examinations not authorized by physician","url":"\/8.01-581.18\/","token":"8.01\/21.1\/2\/8.01-581.18","metadata":false},{"id":57097,"structure_id":14388,"section_number":"8.01-581.18:1","catch_line":"Immunity of physicians for laboratory results and examinations","url":"\/8.01-581.18_1\/","token":"8.01\/21.1\/2\/8.01-581.18_1","metadata":false},{"id":71346,"structure_id":14388,"section_number":"8.01-581.19","catch_line":"Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency medical services providers while members of certain committees","url":"\/8.01-581.19\/","token":"8.01\/21.1\/2\/8.01-581.19","metadata":false},{"id":59744,"structure_id":14388,"section_number":"8.01-581.19:1","catch_line":"Civil immunity for persons providing information to certain committees","url":"\/8.01-581.19_1\/","token":"8.01\/21.1\/2\/8.01-581.19_1","metadata":false},{"id":75087,"structure_id":14388,"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","url":"\/8.01-581.20\/","token":"8.01\/21.1\/2\/8.01-581.20","metadata":false},{"id":57136,"structure_id":14388,"section_number":"8.01-581.20:1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-581.20_1\/","token":"8.01\/21.1\/2\/8.01-581.20_1","metadata":false}],"previous_section":{"id":55726,"structure_id":14388,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","url":"\/8.01-581.16\/","token":"8.01\/21.1\/2\/8.01-581.16","metadata":false},"next_section":{"id":57108,"structure_id":14388,"section_number":"8.01-581.18","catch_line":"Delivery of results of laboratory tests and other examinations not authorized by physician","url":"\/8.01-581.18\/","token":"8.01\/21.1\/2\/8.01-581.18","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.17\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1976, chapter 611; in 1977, chapter 617; in 1995, chapter 500<\/a>; in 1997, chapter 292<\/a>; in 2001, chapter 381<\/a>; in 2002, chapter 675<\/a>; in 2004, chapter 250<\/a>; in 2006, chapters 412<\/a> and 678<\/a>; in 2007, chapter 530<\/a>; in 2010, chapter 196<\/a>; in 2011, chapters 15<\/a> and 753<\/a>; in 2014, chapter 320<\/a>; in 2020, chapters 198<\/a> and 1093<\/a>.<\/p>","references":[{"id":84761,"section_number":"2.2-309.1","catch_line":"Additional powers and duties; behavioral health and developmental services","order_by":null,"url":"\/2.2-309.1\/"},{"id":86774,"section_number":"32.1-25","catch_line":"Right of entry to inspect, etc.; warrants","order_by":null,"url":"\/32.1-25\/"},{"id":73543,"section_number":"37.2-203.1","catch_line":"Licensed provider; statement to prospective employer","order_by":null,"url":"\/37.2-203.1\/"},{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"id":87344,"section_number":"37.2-411","catch_line":"Inspections","order_by":null,"url":"\/37.2-411\/"},{"id":58137,"section_number":"54.1-2400.6","catch_line":"Hospitals, other health care institutions, home health and hospice organizations, and assisted living facilities required to report disciplinary actions against and certain disorders of health professionals; immunity from liability; failure to report","order_by":null,"url":"\/54.1-2400.6\/"},{"id":62957,"section_number":"54.1-2505","catch_line":"Powers and duties of Director of Department","order_by":null,"url":"\/54.1-2505\/"},{"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\/"}],"refers_to":[{"id":77304,"section_number":"38.2-5800","catch_line":"Definitions","order_by":null,"url":"\/38.2-5800\/"},{"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":278997,"object_type":"law","relational_id":75226,"identifier":"8.01-581.17","token":"8.01\/21.1\/2\/8.01-581.17","url":"\/8.01-581.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.17\/","token":"8.01\/21.1\/2\/8.01-581.17","dublin_core":{"Title":"Privileged communications of certain committees and entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Centralized credentialing service<\/span>” means (i) gathering information relating to applications for professional staff privileges<\/span> at any public or licensed private hospital<\/span> or for participation as a provider in any health maintenance organization<\/span>, preferred provider organization, or any similar organization and (ii) providing such information to those hospitals<\/span> and organizations that utilize the service.\n\t\t\t“Patient safety data<\/span>” means reports made to patient safety organizations<\/span> together with all health care data, interviews, memoranda, analyses, root cause analyses, products of quality assurance or quality improvement processes, corrective action<\/span> plans, or information collected or created by a health care provider<\/span> as a result of an occurrence related to the provision of health care services.\n\t\t\t“Patient safety organization<\/span>” means any organization, group, or other entity that collects and analyzes patient safety data<\/span> for the purpose of improving patient safety and health care outcomes and that is independent and not under the control of the entity that reports patient safety data<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The proceedings, minutes, records, and reports of any (i) medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity as specified in § 8.01-581.16<\/a>; (ii) nonprofit entity that provides a centralized credentialing service<\/span>; or (iii) quality assurance, quality of care, or peer review committee established pursuant to guidelines approved or adopted by (a) a national or state physician<\/span> peer review entity, (b) a national or state physician<\/span> accreditation entity, (c) a national professional association of health care providers<\/span> or Virginia chapter of a national professional association of health care providers<\/span>, (d) a licensee of a managed care health insurance plan (MCHIP) as defined in § 38.2-5800<\/a>, (e) the Office of Emergency Medical Services or any regional emergency medical services council, or (f) a statewide or local association representing health care providers<\/span> licensed in the Commonwealth, together with all communications, both oral and written, originating in or provided to such committees or entities, are privileged communications which may not be disclosed or obtained by legal discovery<\/span> proceedings unless a circuit<\/span> court<\/span>, after a hearing<\/span> and for good cause arising from extraordinary circumstances being shown, orders<\/span> the disclosure of such proceedings, minutes, records, reports, or communications. Additionally, for the purposes of this section, accreditation and peer review records of the American College of Radiology and the Medical Society of Virginia are considered privileged communications. Oral communications regarding a specific medical incident involving patient care, made to a quality assurance, quality of care, or peer review committee established pursuant to clause (iii), shall be privileged only to the extent made more than 24 hours after the occurrence of the medical incident. Nothing in this section shall be construed as providing any privilege<\/span> to any health care provider<\/span>, emergency medical services agency, community services<\/span> board, or behavioral health authority with respect to any factual information regarding specific patient health care or treatment, including patient health care incidents, whether oral, electronic, or written. However, the analysis, findings<\/span>, conclusions, recommendations, and the deliberative process of any medical staff committee, utilization review committee, or other committee, board, group, commission, or other entity specified in § 8.01-581.16<\/a>, as well as the proceedings, minutes, records, and reports, including the opinions<\/span> and reports of experts, of such entities shall be privileged in their entirety under this section. Information known by a witness<\/span> with knowledge of the facts<\/span> or treating health care provider<\/span> is not privileged or protected from discovery<\/span> merely because it is provided to a committee, board, group, commission, or other entity specified in § 8.01-581.16<\/a>, and may be discovered by deposition<\/span> or otherwise in the course of discovery<\/span>. A person<\/span> involved in the work of the entities referenced in this subsection shall not be made a witness<\/span> with knowledge of the facts<\/span> by virtue of his involvement in the quality assurance, peer review, professional program, or credentialing process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed as providing any privilege<\/span> to health care provider<\/span>, emergency medical services agency, community services<\/span> board, or behavioral health authority medical records kept with respect to a patient, whose treatment is at issue<\/span>, in the ordinary course of business of operating a hospital<\/span>, emergency medical services agency, community services<\/span> board, or behavioral health authority nor to any facts<\/span> or information contained in medical records, nor shall this section preclude or affect discovery<\/span> of or production of evidence<\/span> relating to hospitalization or treatment of such patient in the ordinary course of the patient’s hospitalization or treatment. However, the proceedings, minutes, records, reports, analysis, findings<\/span>, conclusions, recommendations, and the deliberative process, including opinions<\/span> and reports of experts, of any medical staff committee, utilization review committee, professional program, or other committee, board, group, commission, or other entity specified in § 8.01-581.16<\/a> shall not constitute medical records, are privileged in their entirety, and are not discoverable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of this section, reports or patient safety data<\/span> in possession<\/span> of a patient safety organization<\/span>, together with the identity of the reporter and all related correspondence, documentation, analysis, results, or recommendations, shall be privileged and confidential and shall not be subject to a civil, criminal, or administrative subpoena<\/span> or admitted as evidence<\/span> in any civil, criminal, or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts<\/span>, information, or records referenced in subsection C as related to patient care from a source other than a patient safety organization<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any patient safety organization<\/span> shall promptly remove all patient-identifying information after receipt of a complete patient safety data<\/span> report unless such organization is otherwise permitted by state or federal law<\/span> to maintain such information. Patient safety organizations<\/span> shall maintain the confidentiality of all patient-identifying information and shall not disseminate such information except as permitted by state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Exchange of (i) patient safety data<\/span> among health care providers<\/span> or patient safety organizations<\/span> that does not identify any patient or (ii) information privileged pursuant to subsection B between professional programs, committees, boards, groups, commissions, or other entities specified in § 8.01-581.16<\/a> shall not constitute a waiver<\/span> of any privilege<\/span> established in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Reports of patient safety data<\/span> to patient safety organizations<\/span> shall not abrogate obligations to make reports to health regulatory boards or other agencies as required by state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No employer shall take retaliatory action<\/span> against an employee who in good faith makes a report of patient safety data<\/span> to a patient safety organization<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Reports produced solely for purposes of self-assessment of compliance with requirements or standards of a national accrediting 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) shall be privileged and confidential and shall not be subject to subpoena<\/span> or admitted as evidence<\/span> in a civil or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts<\/span>, information, or records referenced in subsection C as related to patient care from a source other than such accreditation body. A health care provider<\/span>’s release of such reports to such accreditation body shall not constitute a waiver<\/span> of any privilege<\/span> provided under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVILEGED COMMUNICATIONS OF CERTAIN COMMITTEES AND ENTITIES (\u00a7 8.01-581.17)\n\nA. For the purposes of this section:\n\t\t\t“Centralized credentialing service” means (i) gathering\ninformation relating to applications for professional staff privileges at any\npublic or licensed private hospital or for participation as a provider in any\nhealth maintenance organization, preferred provider organization, or any similar\norganization and (ii) providing such information to those hospitals and\norganizations that utilize the service.\n\t\t\t“Patient safety data” means reports made to patient safety\norganizations together with all health care data, interviews, memoranda,\nanalyses, root cause analyses, products of quality assurance or quality\nimprovement processes, corrective action plans, or information collected or\ncreated by a health care provider as a result of an occurrence related to the\nprovision of health care services.\n\t\t\t“Patient safety organization” means any organization, group, or\nother entity that collects and analyzes patient safety data for the purpose of\nimproving patient safety and health care outcomes and that is independent and\nnot under the control of the entity that reports patient safety data.\n\nB. The proceedings, minutes, records, and reports of any (i) medical staff\ncommittee, utilization review committee, professional program, or other\ncommittee, board, group, commission, or other entity as specified in §\n8.01-581.16; (ii) nonprofit entity that provides a centralized credentialing\nservice; or (iii) quality assurance, quality of care, or peer review committee\nestablished pursuant to guidelines approved or adopted by (a) a national or\nstate physician peer review entity, (b) a national or state physician\naccreditation entity, (c) a national professional association of health care\nproviders or Virginia chapter of a national professional association of health\ncare providers, (d) a licensee of a managed care health insurance plan (MCHIP)\nas defined in § 38.2-5800, (e) the Office of Emergency Medical Services or\nany regional emergency medical services council, or (f) a statewide or local\nassociation representing health care providers licensed in the Commonwealth,\ntogether with all communications, both oral and written, originating in or\nprovided to such committees or entities, are privileged communications which may\nnot be disclosed or obtained by legal discovery proceedings unless a circuit\ncourt, after a hearing and for good cause arising from extraordinary\ncircumstances being shown, orders the disclosure of such proceedings, minutes,\nrecords, reports, or communications. Additionally, for the purposes of this\nsection, accreditation and peer review records of the American College of\nRadiology and the Medical Society of Virginia are considered privileged\ncommunications. Oral communications regarding a specific medical incident\ninvolving patient care, made to a quality assurance, quality of care, or peer\nreview committee established pursuant to clause (iii), shall be privileged only\nto the extent made more than 24 hours after the occurrence of the medical\nincident. Nothing in this section shall be construed as providing any privilege\nto any health care provider, emergency medical services agency, community\nservices board, or behavioral health authority with respect to any factual\ninformation regarding specific patient health care or treatment, including\npatient health care incidents, whether oral, electronic, or written. However,\nthe analysis, findings, conclusions, recommendations, and the deliberative\nprocess of any medical staff committee, utilization review committee, or other\ncommittee, board, group, commission, or other entity specified in §\n8.01-581.16, as well as the proceedings, minutes, records, and reports,\nincluding the opinions and reports of experts, of such entities shall be\nprivileged in their entirety under this section. Information known by a witness\nwith knowledge of the facts or treating health care provider is not privileged\nor protected from discovery merely because it is provided to a committee, board,\ngroup, commission, or other entity specified in § 8.01-581.16, and may be\ndiscovered by deposition or otherwise in the course of discovery. A person\ninvolved in the work of the entities referenced in this subsection shall not be\nmade a witness with knowledge of the facts by virtue of his involvement in the\nquality assurance, peer review, professional program, or credentialing process.\n\nC. Nothing in this section shall be construed as providing any privilege to\nhealth care provider, emergency medical services agency, community services\nboard, or behavioral health authority medical records kept with respect to a\npatient, whose treatment is at issue, in the ordinary course of business of\noperating a hospital, emergency medical services agency, community services\nboard, or behavioral health authority nor to any facts or information contained\nin medical records, nor shall this section preclude or affect discovery of or\nproduction of evidence relating to hospitalization or treatment of such patient\nin the ordinary course of the patient’s hospitalization or treatment.\nHowever, the proceedings, minutes, records, reports, analysis, findings,\nconclusions, recommendations, and the deliberative process, including opinions\nand reports of experts, of any medical staff committee, utilization review\ncommittee, professional program, or other committee, board, group, commission,\nor other entity specified in § 8.01-581.16 shall not constitute medical\nrecords, are privileged in their entirety, and are not discoverable.\n\nD. Notwithstanding any other provision of this section, reports or patient\nsafety data in possession of a patient safety organization, together with the\nidentity of the reporter and all related correspondence, documentation,\nanalysis, results, or recommendations, shall be privileged and confidential and\nshall not be subject to a civil, criminal, or administrative subpoena or\nadmitted as evidence in any civil, criminal, or administrative proceeding.\nNothing in this subsection shall affect the discoverability or admissibility of\nfacts, information, or records referenced in subsection C as related to patient\ncare from a source other than a patient safety organization.\n\nE. Any patient safety organization shall promptly remove all patient-identifying\ninformation after receipt of a complete patient safety data report unless such\norganization is otherwise permitted by state or federal law to maintain such\ninformation. Patient safety organizations shall maintain the confidentiality of\nall patient-identifying information and shall not disseminate such information\nexcept as permitted by state or federal law.\n\nF. Exchange of (i) patient safety data among health care providers or patient\nsafety organizations that does not identify any patient or (ii) information\nprivileged pursuant to subsection B between professional programs, committees,\nboards, groups, commissions, or other entities specified in § 8.01-581.16\nshall not constitute a waiver of any privilege established in this section.\n\nG. Reports of patient safety data to patient safety organizations shall not\nabrogate obligations to make reports to health regulatory boards or other\nagencies as required by state or federal law.\n\nH. No employer shall take retaliatory action against an employee who in good\nfaith makes a report of patient safety data to a patient safety organization.\n\nI. Reports produced solely for purposes of self-assessment of compliance with\nrequirements or standards of a national accrediting organization granted\nauthority by the Centers for Medicare and Medicaid Services to ensure compliance\nwith Medicare conditions of participation pursuant to § 1865 of Title XVIII\nof the Social Security Act (42 U.S.C. § 1395bb) shall be privileged and\nconfidential and shall not be subject to subpoena or admitted as evidence in a\ncivil or administrative proceeding. Nothing in this subsection shall affect the\ndiscoverability or admissibility of facts, information, or records referenced in\nsubsection C as related to patient care from a source other than such\naccreditation body. A health care provider’s release of such reports to\nsuch accreditation body shall not constitute a waiver of any privilege provided\nunder this section.\n\nHISTORY: Code 1950, \u00a7 8-654.10; 1976, c. 611; 1977, c. 617; 1995, c. 500; 1997,\nc. 292; 2001, c. 381; 2002, c. 675; 2004, c. 250; 2006, cc. 412, 678; 2007, c.\n530; 2010, c. 196; 2011, cc. 15, 753; 2014, c. 320; 2020, cc. 198, 1093.","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}}