                                 CODE OF VIRGINIA

CONFIDENTIALITY OF REPORTS, INFORMATION, AND RECORDS; PENALTY (§ 4.1-1606)

A. Except as otherwise provided in this section, any reports, information, or
records received or maintained by the Board regarding active investigations or
disciplinary proceedings for violations of this chapter shall be strictly
confidential. The Board may only disclose such confidential information:

   1. In a disciplinary proceeding before a health regulatory board or in any
   subsequent trial or appeal of an action or order;

   2. To the permittee when entering into a confidential consent agreement;

   3. To regulatory authorities tasked with granting, limiting, or denying
   licenses, certificates, or registrations to practice a health profession;

   4. Pursuant to a court order for good cause arising from extraordinary
   circumstances;

   5. To qualified personnel for bona fide research or educational purposes,
   provided that identifying information is redacted and the information is
   released pursuant to a written agreement that ensures compliance with this
   section;

   6. To the Health Practitioners&#8217; Monitoring Program within the Department
   of Health Professions for the purpose of evaluating health practitioners who
   have applied to or participate in the Program; or

   7. To the Joint Legislative Audit and Review Commission pursuant to &#xA7;
   30-59.

B. In no event shall confidential information received, maintained, or developed
by the Board or disclosed by the Board to others pursuant to this section be
available for discovery or court subpoena or introduced into evidence in any
civil action. This section shall not, however, be construed to inhibit an
investigation or prosecution under Article 1 (&#xA7; 18.2-247 et seq.) of
Chapter 7 of Title 18.2.

C. Any claim of a practitioner-patient privilege shall not prevail in any
investigation or proceeding by the Board when acting within the scope of its
authority. However, the disclosure of any information pursuant to this section
shall not be deemed a waiver of such privilege in any other proceeding.

D. This section shall not prohibit the Board, after consultation with the
relevant health regulatory board president or his designee, from disclosing to
the Attorney General, or the appropriate attorney for the Commonwealth,
investigatory information that indicates a possible violation of any provision
of criminal law, including the laws relating to the manufacture, distribution,
dispensing, prescribing, or administration of drugs, other than drugs classified
as Schedule VI drugs and devices, by any individual regulated by the Board or
any health regulatory board.

E. This section shall not prohibit the Board from (i) disclosing information
regarding any (a) disciplinary action taken against a person holding a permit
issued pursuant to this chapter in another state or in a federal health
institution or any voluntary surrender of a license in another state while under
investigation; (b) malpractice judgment against a person holding a permit issued
pursuant to this chapter; or (c) settlement of a malpractice claim against a
person holding a permit issued pursuant to this chapter or (ii) making any
report of aggregate, non-identifying information.

F. This section shall not prohibit the Board, following consultation with any
relevant health regulatory board president or his designee, from (i) disclosing
information about a suspected violation of state or federal law or regulation to
agencies within the Health and Human Resources Secretariat or to state or
federal law-enforcement agencies having jurisdiction over the suspected
violation or (ii) requesting an inspection or investigation of a permittee by
such state or federal agency when the Board has reason to believe that a
possible violation of state or federal law has occurred. Such disclosure shall
not exceed the minimum information necessary to permit the state or federal
agency having jurisdiction over the suspected violation of state or federal law
or regulation to conduct an inspection or investigation. Disclosures by the
Board pursuant to this subsection shall not be limited to requests for
inspections or investigations of permittees. However, nothing in this subsection
shall be construed to require the Board to make any disclosure or to permit any
agency to which the Board makes a disclosure to re-disclose any information,
reports, records, or materials received from the Board.

G. Whenever a complaint has been filed about a permittee under this chapter, the
Board shall provide information to the source and the subject of the complaint
regarding investigative and disciplinary procedures. Prior to interviewing a
permittee who is the subject of a complaint, or at the time that the permittee
is first notified in writing of the complaint, whichever occurs first, the Board
shall provide the permittee with a copy of the complaint and any records or
supporting documentation, unless such provision would materially obstruct a
criminal or regulatory investigation. If the Board concludes that a disciplinary
proceeding will not be instituted, the Board may send an advisory letter to the
person who was the subject of the complaint. The Board may also inform the
source of the complaint (i) that an investigation has been conducted, (ii) that
the matter was concluded without a disciplinary proceeding, (iii) of the process
the Board followed in making its determination, and (iv) if appropriate, that an
advisory letter from the Board has been communicated to the person who was the
subject of the complaint. In providing such information, the Board shall inform
the source of the complaint that he is subject to the requirements of this
section relating to confidentiality and discovery.

H. Orders and notices of the Board relating to disciplinary actions, other than
confidential exhibits described in subsection I, shall be disclosed. The Board
shall provide to the source of the complaint (i) information regarding the date
and location of any disciplinary proceeding, allegations against the permittee,
and the list of statutes and regulations the permittee is alleged to have
violated prior to the proceeding and (ii) notice of the disposition of the
disciplinary case.

I. In disciplinary actions in which a practitioner is or may be unable to
practice with reasonable skill and safety to patients and the public because of
a mental or physical disability, the Board shall consider whether to disclose
and may decide not to disclose the practitioner&#8217;s health records or
services. Such information may be considered by the Board in a closed hearing
and included in a confidential exhibit to a notice or order. The public notice
or order shall identify, if known, the practitioner&#8217;s mental or physical
disability that is the basis for its determination. In the event that the Board
determines that information should be withheld pursuant to this subsection,
information contained in the confidential exhibit shall remain part of the
Board&#8217;s confidential record and is subject to court review under the
Administrative Process Act (&#xA7; 2.2-4000 et seq.) and to release in
accordance with this section.

J. This section shall not prohibit investigative staff authorized under &#xA7;
54.1-2506 or investigative staff of any other agency to which disclosure of
information about a suspected violation of state or federal law or regulation is
authorized by subsection F from interviewing fact witnesses, disclosing to fact
witnesses the identity of the subject of the complaint, or reviewing with fact
witnesses any portion of records or other supporting documentation necessary to
refresh the fact witnesses&#8217; recollection.

K. The provisions of this section shall apply only to information collected or
maintained by the Board pursuant to the provisions of this chapter.

L. Any person that discloses confidential information of the Board in violation
of this section is guilty of a Class 1 misdemeanor.

HISTORY: 2024, c. 732.