                                 CODE OF VIRGINIA

EXCLUSIONS TO APPLICATION OF CHAPTER; HEALTH AND SOCIAL SERVICES RECORDS (§
2.2-3705.5)

The following information contained in a public record is excluded from the
mandatory disclosure provisions of this chapter but may be disclosed by the
custodian in his discretion, except where such disclosure is prohibited by law.
Redaction of information excluded under this section from a public record shall
be conducted in accordance with § 2.2-3704.01.

1. Health records, except that such records may be personally reviewed by the
individual who is the subject of such records, as provided in subsection F of
&#xA7; 32.1-127.1:03.
			Where the person who is the subject of health records is confined in a state
or local correctional facility, the administrator or chief medical officer of
such facility may assert such confined person&#8217;s right of access to the
health records if the administrator or chief medical officer has reasonable
cause to believe that such confined person has an infectious disease or other
medical condition from which other persons so confined need to be protected.
Health records shall only be reviewed and shall not be copied by such
administrator or chief medical officer. The information in the health records of
a person so confined shall continue to be confidential and shall not be
disclosed by the administrator or chief medical officer of the facility to any
person except the subject or except as provided by law.
			Where the person who is the subject of health records is under the age of 18,
his right of access may be asserted only by his guardian or his parent,
including a noncustodial parent, unless such parent&#8217;s parental rights have
been terminated, a court of competent jurisdiction has restricted or denied such
access, or a parent has been denied access to the health record in accordance
with &#xA7; 20-124.6. In instances where the person who is the subject thereof
is an emancipated minor, a student in a public institution of higher education,
or is a minor who has consented to his own treatment as authorized by &#xA7;
16.1-338 or 54.1-2969, the right of access may be asserted by the subject
person.
			For the purposes of this chapter, statistical summaries of incidents and
statistical data concerning abuse of individuals receiving services compiled by
the Commissioner of Behavioral Health and Developmental Services shall be
disclosed. No such summaries or data shall include any information that
identifies specific individuals receiving services.

2. Applications for admission to examinations or for licensure and scoring
records maintained by the Department of Health Professions or any board in that
department on individual licensees or applicants; information required to be
provided to the Department of Health Professions by certain licensees pursuant
to &#xA7; 54.1-2506.1; information held by the Health Practitioners&#8217;
Monitoring Program Committee within the Department of Health Professions that
identifies any practitioner who may be, or who is actually, impaired to the
extent that disclosure is prohibited by &#xA7; 54.1-2517; and information
relating to the prescribing and dispensing of covered substances to recipients
and any abstracts from such information that are in the possession of the
Prescription Monitoring Program (Program) pursuant to Chapter 25.2 (&#xA7;
54.1-2519 et seq.) of Title 54.1 and any material relating to the operation or
security of the Program.

3. Reports, documentary evidence, and other information as specified in
&#xA7;&#xA7; 51.5-122 and 51.5-184 and Chapter 1 (&#xA7; 63.2-100 et seq.) of
Title 63.2 and information and statistical registries required to be kept
confidential pursuant to Chapter 1 (&#xA7; 63.2-100 et seq.) of Title 63.2.

4. Investigative notes; proprietary information not published, copyrighted or
patented; information obtained from employee personnel records; personally
identifiable information regarding residents, clients or other recipients of
services; other correspondence and information furnished in confidence to the
Department of Education in connection with an active investigation of an
applicant or licensee pursuant to Chapter 14.1 (&#xA7; 22.1-289.02 et seq.) of
Title 22.1; other correspondence and information furnished in confidence to the
Department of Social Services in connection with an active investigation of an
applicant or licensee pursuant to Chapters 17 (&#xA7; 63.2-1700 et seq.) and 18
(&#xA7; 63.2-1800 et seq.) of Title 63.2; and information furnished to the
Office of the Attorney General in connection with an investigation or litigation
pursuant to Article 19.1 (&#xA7; 8.01-216.1 et seq.) of Chapter 3 of Title 8.01
and Chapter 9 (&#xA7; 32.1-310 et seq.) of Title 32.1. However, nothing in this
subdivision shall prevent the disclosure of information from the records of
completed investigations in a form that does not reveal the identity of
complainants, persons supplying information, or other individuals involved in
the investigation.

5. Information collected for the designation and verification of trauma centers
and other specialty care centers within the Statewide Emergency Medical Services
System and Services pursuant to Article 2.1 (&#xA7; 32.1-111.1 et seq.) of
Chapter 4 of Title 32.1.

6. Reports and court documents relating to involuntary admission required to be
kept confidential pursuant to &#xA7; 37.2-818.

7. Information acquired (i) during a review of any child death conducted by the
State Child Fatality Review Team established pursuant to &#xA7; 32.1-283.1 or by
a local or regional child fatality review team to the extent that such
information is made confidential by &#xA7; 32.1-283.2; (ii) during a review of
any death conducted by a family violence fatality review team to the extent that
such information is made confidential by &#xA7; 32.1-283.3; (iii) during a
review of any adult death conducted by the Adult Fatality Review Team to the
extent made confidential by &#xA7; 32.1-283.5 or by a local or regional adult
fatality review team to the extent that such information is made confidential by
&#xA7; 32.1-283.6; (iv) by a local or regional overdose fatality review team to
the extent that such information is made confidential by &#xA7; 32.1-283.7; (v)
during a review of any death conducted by the Maternal Mortality Review Team to
the extent that such information is made confidential by &#xA7; 32.1-283.8; or
(vi) during a review of any death conducted by the Developmental Disabilities
Mortality Review Committee to the extent that such information is made
confidential by &#xA7; 37.2-314.1.

8. Patient level data collected by the Board of Health and not yet processed,
verified, and released, pursuant to &#xA7; 32.1-276.9, to the Board by the
nonprofit organization with which the Commissioner of Health has contracted
pursuant to &#xA7; 32.1-276.4.

9. Information relating to a grant application, or accompanying a grant
application, submitted to the Commonwealth Neurotrauma Initiative Advisory Board
pursuant to Article 12 (&#xA7; 51.5-178 et seq.) of Chapter 14 of Title 51.5
that would (i) reveal (a) medical or mental health records or other data
identifying individual patients or (b) proprietary business or research-related
information produced or collected by the applicant in the conduct of or as a
result of study or research on medical, rehabilitative, scientific, technical,
or scholarly issues, when such information has not been publicly released,
published, copyrighted, or patented, and (ii) be harmful to the competitive
position of the applicant.

10. Any information copied, recorded, or received by the Commissioner of Health
in the course of an examination, investigation, or review of a managed care
health insurance plan licensee pursuant to &#xA7;&#xA7; 32.1-137.4 and
32.1-137.5, including books, records, files, accounts, papers, documents, and
any or all computer or other recordings.

11. Records of the Virginia Birth-Related Neurological Injury Compensation
Program required to be kept confidential pursuant to &#xA7; 38.2-5002.2.

12. Information held by the State Health Commissioner relating to the health of
any person subject to an order of quarantine or an order of isolation pursuant
to Article 3.02 (&#xA7; 32.1-48.05 et seq.) of Chapter 2 of Title 32.1. However,
nothing in this subdivision shall be construed to prevent the disclosure of
statistical summaries, abstracts, or other information in aggregate form.

13. The names and addresses or other contact information of persons receiving
transportation services from a state or local public body or its designee under
Title II of the Americans with Disabilities Act, (42 U.S.C. &#xA7; 12131 et
seq.) or funded by Temporary Assistance for Needy Families (TANF) created under
&#xA7; 63.2-600.

14. Information held by certain health care committees and entities that may be
withheld from discovery as privileged communications pursuant to &#xA7;
8.01-581.17.

15. Data and information specified in &#xA7; 37.2-308.01 relating to proceedings
provided for in Article 16 (&#xA7; 16.1-335 et seq.) of Chapter 11 of Title 16.1
and Chapter 8 (&#xA7; 37.2-800 et seq.) of Title 37.2.

16. Records of and information held by the Smartchart Network Program required
to be kept confidential pursuant to &#xA7; 32.1-372.

17. Information submitted to the acute psychiatric bed registry pursuant to
&#xA7; 37.2-308.1.

HISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, §
2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,
720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc.
87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,
cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 65,
666, 690, 773, 1014, 1021; 2005, cc. 181, 227, 716; 2008, c. 539; 2009, cc. 472,
813, 840; 2011, cc. 110, 175, 535; 2012, cc. 476, 479, 507, 803, 835; 2015, cc.
22, 108, 127; 2016, cc. 620, 716; 2017, cc. 188, 475, 600, 719, 778; 2018, c.
600; 2019, c. 834; 2020, cc. 851, 860, 861; 2023, cc. 628, 629; 2025, cc. 149,
156.