                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISCLOSURE OF RECORDS (§ 37.2-804.2)

Any health care provider, as defined in § 32.1-127.1:03, or other provider who
has provided or is currently providing services to a person who is the subject
of proceedings pursuant to this chapter shall, upon request, disclose to a
magistrate, the court, the person&#8217;s attorney, the person&#8217;s guardian
ad litem, the examiner identified to perform an examination pursuant to §
37.2-815, the community services board or its designee performing any
evaluation, preadmission screening, or monitoring duties pursuant to this
chapter, or a law-enforcement officer any information that is necessary and
appropriate for the performance of his duties pursuant to this chapter. Any
health care provider, as defined in § 32.1-127.1:03, or other provider who has
provided or is currently evaluating or providing services to a person who is the
subject of proceedings pursuant to this chapter shall disclose information that
may be necessary for the treatment of such person to any other health care
provider or other provider evaluating or providing services to or monitoring the
treatment of the person. Health records disclosed to a law-enforcement officer
shall be limited to information necessary to protect the officer, the person, or
the public from physical injury or to address the health care needs of the
person. 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 person who is the subject of
proceedings under this chapter shall (i) inform the person that his family
member or personal representative, including any agent named in an advance
directive executed in accordance with the Health Care Decisions Act (§
54.1-2981 et seq.), will be notified of information that is directly relevant to
such individual&#8217;s involvement with the person&#8217;s health care, which
may include the person&#8217;s location and general condition, in accordance
with subdivision D 34 of § 32.1-127.1:03, and (ii) make a reasonable effort to
so notify the person&#8217;s family member or personal representative, unless
the provider has actual knowledge that the family member or personal
representative is currently prohibited by court order from contacting the
person. 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. § 1320d et seq.), as amended, unless the person
or provider disclosing such records intended the harm or acted in bad faith.

HISTORY: 2008, cc. 782, 850, 870; 2009, cc. 606, 651; 2016, cc. 569, 693; 2024,
c. 780.