                                 CODE OF VIRGINIA

INPATIENT TREATMENT OF MINORS; GENERAL APPLICABILITY; DISCLOSURE OF RECORDS (§
16.1-337)

A. A minor may be admitted to a mental health facility for inpatient treatment
only pursuant to &#xA7; 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with
an order of involuntary commitment entered pursuant to &#xA7;&#xA7; 16.1-341
through 16.1-345. The provisions of Article 12 (&#xA7; 16.1-299 et seq.) of
Chapter 11 and &#xA7; 16.1-337.1 relating to the confidentiality of files,
papers, and records shall apply to proceedings under this article.

B. Any health care provider, as defined in &#xA7; 32.1-127.1:03, or other
provider rendering services to a minor who is the subject of proceedings under
this article, upon request, shall disclose to a magistrate, the juvenile intake
officer, the court, the minor&#8217;s attorney, the minor&#8217;s guardian ad
litem, the qualified evaluator performing the evaluation required under
&#xA7;&#xA7; 16.1-338, 16.1-339, and 16.1-342, the community services board or
its designee performing the evaluation, preadmission screening, or monitoring
duties under this article, or a law-enforcement officer any and all information
that is necessary and appropriate to enable each of them to perform his duties
under this article. These health care providers and other service providers
shall disclose to one another health records and information where necessary to
provide care and treatment to the person and to monitor that care and treatment.
Health records disclosed to a law-enforcement officer shall be limited to
information necessary to protect the officer, the minor, or the public from
physical injury or to address the health care needs of the minor. Information
disclosed to a law-enforcement officer shall not be used for any other purpose,
disclosed to others, or retained.
			Any health care provider providing services to a minor who is the subject of
proceedings under this article shall make a reasonable attempt to notify the
minor&#8217;s parent of information that is directly relevant to such
individual&#8217;s involvement with the minor&#8217;s health care, which may
include the minor&#8217;s location and general condition, in accordance with
subdivision D 34 of &#xA7; 32.1-127.1:03, unless the provider has actual
knowledge that the parent is currently prohibited by court order from contacting
the minor. No health care provider shall be required to notify a person&#8217;s
family member or personal representative pursuant to this section if the health
care provider has actual knowledge that such notice has been provided.
			Any health care provider disclosing records pursuant to this section shall be
immune from civil liability for any harm resulting from the disclosure,
including any liability under the federal Health Insurance Portability and
Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), as amended, unless the
person or provider disclosing such records intended the harm or acted in bad
faith.

C. Any order entered where a minor is the subject of proceedings under this
article shall provide for the disclosure of health records pursuant to
subsection B. This subsection shall not preclude any other disclosures as
required or permitted by law.

HISTORY: 1990, c. 975; 1992, c. 539; 2008, cc. 782, 850, 870; 2009, cc. 455,
555; 2010, cc. 778, 825; 2016, cc. 569, 693; 2018, c. 846.