                                 CODE OF VIRGINIA

FURTHER REPORTING REQUIREMENTS (§ 54.1-2709.4)

A. The following matters shall be reported to the Board:

   1. Any disciplinary action taken against an oral and maxillofacial surgeon
   licensed under this chapter by another state or by a federal health
   institution or voluntary surrender of a license in another state while under
   investigation;

   2. Any malpractice judgment against an oral and maxillofacial surgeon licensed
   under this chapter;

   3. Any incident of two settlements of malpractice claims against an individual
   oral and maxillofacial surgeon licensed under this chapter within a three-year
   period; and

   4. Any evidence that indicates to a reasonable probability that an oral and
   maxillofacial surgeon licensed under this chapter is or may be professionally
   incompetent, guilty of unprofessional conduct or mentally or physically unable
   to engage safely in the practice of his profession.

B. The following persons and entities are subject to the reporting requirements
set forth in this section:

   1. Any oral and maxillofacial surgeon licensed under this chapter who is the
   subject of a disciplinary action, settlement judgment or evidence for which
   reporting is required pursuant to this section;

   2. Any other person licensed under this chapter, except as provided in the
   Health Practitioners&#8217; Monitoring Program;

   3. The presidents of all professional societies in the Commonwealth, and their
   component societies whose members are regulated by the Board, except as
   provided for in the protocol agreement entered into by the Health
   Practitioners&#8217; Monitoring Program;

   4. All health care institutions licensed by the Commonwealth;

   5. The malpractice insurance carrier of any oral and maxillofacial surgeon who
   is the subject of a judgment or of two settlements within a three-year period.
   The carrier shall not be required to report any settlements except those in
   which it has participated that have resulted in a least two settlements on
   behalf of an individual oral and maxillofacial surgeon during a three-year
   period; and

   6. Any health maintenance organization licensed by the Commonwealth.

C. No person or entity shall be obligated to report any matter to the Board if
the person or entity has actual notice that the matter has already been reported
to the Board.

D. Any report required by this section shall be in writing directed to the
Board, shall give the name and address of the person who is the subject of the
report and shall describe the circumstances surrounding the conduct required to
be reported.

E. Any person making a report 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.

F. The clerk of any circuit court or any district court in the Commonwealth
shall report to the Board the conviction of any oral and maxillofacial surgeon
known by such clerk to be licensed under this chapter of any (i) misdemeanor
involving a controlled substance, marijuana or substance abuse or involving an
act of moral turpitude or (ii) felony.

HISTORY: 2001, c. 662; 2009, c. 472.