                                 CODE OF VIRGINIA

FURTHER REPORTING REQUIREMENTS; CIVIL PENALTY; DISCIPLINARY ACTION (§
54.1-2909)

A. The following matters shall be reported within 30 days of their occurrence to
the Board:

   1. Any disciplinary action taken against a person licensed under this chapter
   in another state or in a federal health institution or voluntary surrender of
   a license in another state while under investigation;

   2. Any malpractice judgment against a person licensed under this chapter;

   3. Any settlement of a malpractice claim against a person licensed under this
   chapter; and

   4. Any evidence that indicates a reasonable belief that a person licensed
   under this chapter is or may be professionally incompetent; has or may have
   engaged in intentional or negligent conduct that causes or is likely to cause
   injury to a patient or patients; has or may have engaged in unprofessional
   conduct; or may be 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 person licensed under this chapter who is the subject of a disciplinary
   action, a settlement, a judgment, or evidence for which reporting is required
   pursuant to this section;

   2. Any other person licensed under this chapter, except as provided by a
   contract agreement with the Health Practitioners&#8217; Monitoring Program;

   3. All health care institutions licensed by the Commonwealth;

   4. The malpractice insurance carrier of any person who is the subject of a
   judgment or settlement; and

   5. 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. The reporting requirements set forth in this section shall be met
if these matters are reported to the National Practitioner Data Bank under the
Health Care Quality Improvement Act, 42 U.S.C. &#xA7; 11101 et seq., and notice
that such report has been submitted is provided to the Board.

D. No person or entity shall be obligated to report information regarding a
health care provider licensed or registered by the Board who is a participant in
a professional program, pursuant to subsection B of &#xA7; 8.01-581.16, to
address issues related to career fatigue and wellness that is organized or
contracted for by a statewide association exempt under 26 U.S.C. &#xA7;
501(c)(6) of the Internal Revenue Code and that primarily represents health care
professionals licensed to practice medicine or osteopathic medicine in multiple
specialties to the Board unless the person or entity has determined that there
is reasonable probability that the participant is not competent to continue in
practice or is a danger to himself or to the health and welfare of his patients
or the public.

E. 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 matter required to
be reported. Under no circumstances shall compliance with this section be
construed to waive or limit the privilege provided in &#xA7; 8.01-581.17.

F. 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
or criminal prosecution resulting therefrom unless such person acted in bad
faith or with malicious intent.

G. The clerk of any circuit court or any district court in the Commonwealth
shall report to the Board the conviction of any person 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.

H. 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. The Director
shall report the assessment of such civil penalty to the Commissioner of the
Department of Health or the Commissioner of Insurance at the State Corporation
Commission. Any person assessed a civil penalty pursuant to this section shall
not receive a license, registration, or certification or renewal of such unless
such penalty has been paid.

I. Disciplinary action against any person licensed, registered, or certified
under this chapter shall be based upon the underlying conduct of the person and
not upon the report of a settlement or judgment submitted under this section.

HISTORY: 1986, c. 434, § 54-317.4:1; 1988, c. 765; 1998, c. 744; 2003, cc. 753,
762; 2020, cc. 45, 198, 230, 1093; 2021, Sp. Sess. I, cc. 5, 243.