                                 CODE OF VIRGINIA

MENTAL HEALTH SERVICE PROVIDERS DUTY TO INFORM; IMMUNITY; CIVIL PENALTY (§
54.1-2400.4)

A. Any mental health service provider, as defined in &#xA7; 54.1-2400.1, shall,
upon learning of evidence that indicates a reasonable probability that another
mental health provider is or may be guilty of a violation of standards of
conduct as defined in statute or regulation, advise his patient of his right to
report such misconduct to the Department of Health Professions, hereinafter
referred to as the &#8220;Department.&#8221;

B. The mental health service provider shall provide relevant information to the
patient, including, but not limited to, the Department&#8217;s toll-free
complaint hotline number for consumer complaints and written information,
published by the Department of Health Professions, explaining how to file a
report. The mental health service provider shall document in the patient&#8217;s
record the alleged misconduct, the category of licensure or certification, and
approximate dates of treatment, if known, of the mental health service provider
who will be the subject of the report, and the action taken by the mental health
service provider to inform the patient of his right to file a complaint with the
Department of Health Professions.

C. Any mental health service provider informing a patient of his right to file a
complaint against a regulated person and providing the information required by
this section shall be immune from any civil liability or criminal prosecution
resulting therefrom unless such person acted in bad faith or with malicious
intent.

D. Notwithstanding any other provision of law, any person required to inform a
patient of his right to file a complaint against a regulated person pursuant to
this section who fails to do so shall be subject to a civil penalty not to
exceed $100.

HISTORY: 2000, c. 578.