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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55726</law_id><section_number>8.01-581.16</section_number><catch_line>Civil immunity for members of or consultants to certain boards or committees</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>32.1-127.1:03</reference><reference>37.2-203.1</reference><reference>54.1-2400.6</reference><reference>54.1-2909</reference><reference>8.01-581.17</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="21.1">Medical Malpractice</unit><unit label="article" level="3" order_by="1" identifier="2">Miscellaneous Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Every member of, or health care professional consultant to, any committee, board, group, commission or other entity shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his duties while serving as a member of or consultant to such committee, board, group, commission or other entity that functions primarily to review, evaluate, or make recommendations on (i) the duration of <span class="dictionary">patient</span> <span class="dictionary">stays</span> in health care facilities; (ii) the professional services furnished with respect to the medical, dental, psychological, podiatric, chiropractic, veterinary, or optometric necessity for such services; (iii) the purpose of promoting the most efficient use or monitoring the quality of care of available health care facilities and services, or of emergency medical services agencies and services; (iv) the adequacy or quality of professional services; (v) the competency and qualifications for professional staff <span class="dictionary">privileges</span>; (vi) the reasonableness or appropriateness of charges made by or on behalf of health care facilities; (vii) <span class="dictionary">patient</span> safety, including entering into <span class="dictionary">contracts</span> with <span class="dictionary">patient</span> safety organizations, provided that such committee, board, group, commission, or other entity has been established pursuant to federal or state <span class="dictionary">law</span> or regulation, the requirements of a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to assure compliance with Medicare conditions of participation pursuant to &#xA7; 1865 of Title XVIII of the Social Security Act (42 U.S.C. &#xA7; 1395bb), or guidelines approved or adopted by a statewide or local association representing <span class="dictionary">health care providers</span> licensed in the Commonwealth pursuant to clause (iii)(f) of subsection B of &#xA7; <a class="law" title="Privileged communications of certain committees and entities" href="/8.01-581.17/">8.01-581.17</a>, or established and duly constituted by one or more public or licensed private <span class="dictionary">hospitals</span>, health systems, <span class="dictionary">community services</span> boards, or behavioral health authorities, or with a governmental agency, and provided further that such act, decision, omission, or utterance is not done or made in bad faith or with <span class="dictionary">malicious</span> <span class="dictionary">intent</span>. <a id="paragraph-204244" class="section-permalink" href="https://vacode.org/8.01-581.16/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Every member of, or health care professional consultant to, any committee, board, group, commission, or other entity that functions primarily to (i) review, evaluate, or make recommendations on a professional program to address <span class="dictionary">issues</span> related to career fatigue and wellness or (ii) arrange for or provide outpatient health care related to career fatigue and wellness for (a) health care professionals licensed, registered, or certified by a board of the Department of Health Professions as enumerated by &#xA7; <a class="law" title="Boards within Department" href="/54.1-2503/">54.1-2503</a> or (b) students enrolled in a graduate school or professional program, the completion of which is a prerequisite for licensure, registration, or certification by a board of the Department of Health Professions, located in the Commonwealth, that is established or contracted for by a statewide association, that is exempt under 26 U.S.C. &#xA7; 501(c)(6) of the Internal Revenue Code, and that primarily represents health care professionals licensed to practice dentistry, dental hygiene, medicine, or osteopathic medicine in multiple specialties, shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his duties while serving as a member of or consultant to such committee, board, group, commission, or other entity. No active participant in a professional program described in this subsection shall be employed or engaged by such professional program or have a financial ownership interest in such professional program. <a id="paragraph-204245" class="section-permalink" href="https://vacode.org/8.01-581.16/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 8-654.9; 1976, c. 611; 1977, c. 617; 1981, c. 174; 1987, c. 713; 1989, c. 729; 1993, c. 702; 2001, c. 381; 2002, c. 675; 2006, c. 412; 2014, cc. 17, 320, 363; 2020, cc. 198, 1093; 2021, Sp. Sess. I, cc. 5, 243; 2024, cc. 96, 126; 2025, c. 183.</history><metadata></metadata></law>
