                                 CODE OF VIRGINIA

REPORTS OF DISCIPLINARY ACTION AGAINST HEALTH PROFESSIONALS; IMMUNITY FROM
LIABILITY; CIVIL PENALTY (§ 54.1-2908)

A. The president of the Medical Society of Virginia, the Osteopathic Medical
Association, the Virginia Chiropractors Association, Inc., and the Virginia
Podiatric Medical Association shall report within 30 days to the Board of
Medicine any disciplinary action taken by his organization against any member of
his organization licensed under this chapter if such disciplinary action is a
result of conduct involving intentional or negligent conduct that causes or is
likely to cause injury to a patient or patients, professional ethics,
professional incompetence, moral turpitude, drug addiction or alcohol abuse.

B. The president of any association, society, academy or organization shall
report within 30 days to the Board of Medicine any disciplinary action taken
against any of its members licensed under this chapter if such disciplinary
action is a result of conduct involving intentional or negligent conduct that
causes or is likely to cause injury to a patient or patients, professional
ethics, professional incompetence, moral turpitude, drug addiction or alcohol
abuse.

C. Any report required by this section shall be in writing directed to the Board
of Medicine, shall give the name and address of the person who is the subject of
the report and shall fully describe the circumstances surrounding the facts
required to be reported. The report shall include the names and contact
information of individuals with knowledge about the facts required to be
reported and the names and contact information of all individuals from whom the
association, society, academy, or organization sought information to
substantiate the facts required to be reported. All relevant medical records
maintained by the reporting entity shall be attached to the report if patient
care or the health professional&#8217;s health status is at issue. The reporting
association, society, academy or organization shall also provide notice to the
Board that it has submitted any required report to the National Practitioner
Data Bank under the Health Care Quality Improvement Act, 42 U.S.C. &#xA7; 11101
et seq.
			The reporting association, society, academy or organization shall give the
health professional who is the subject of the report an opportunity to review
the report. The health professional may submit a separate report if he disagrees
with the substance of the report.

D. 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.

E. Any person making a report required by this section, providing information
pursuant to an investigation or testifying in a judicial or administrative
proceeding as a result of such report shall be immune from any civil liability
resulting therefrom unless such person acted in bad faith or with malicious
intent.

F. In the event that any organization enumerated in subsection A or any
component thereof receives a complaint against one of its members, such
organization may, in lieu of considering disciplinary action against such
member, request that the Board investigate the matter pursuant to this chapter,
in which event any person participating in the decision to make such a request
or testifying in a judicial or administrative proceeding as a result of such
request shall be immune from any civil liability alleged to have resulted
therefrom unless such person acted in bad faith or with malicious intent.

G. Any person who fails to make a report to the Board as required by this
section shall be subject to a civil penalty not to exceed $5,000. Any person
assessed a civil penalty pursuant to this section shall not receive a license,
registration or certification or renewal of such from any health regulatory
board unless such penalty has been paid.

HISTORY: 1977, c. 639, § 54-317.4; 1978, c. 541; 1983, c. 40; 1986, c. 434;
1988, c. 765; 1996, cc. 937, 980; 2000, c. 688; 2003, cc. 753, 762.