                                 CODE OF VIRGINIA

CIVIL IMMUNITY FOR MEMBERS OF OR CONSULTANTS TO CERTAIN BOARDS OR COMMITTEES (§
8.01-581.16)

A. Every member of, or health care professional consultant to, any committee,
board, group, commission or other entity shall be immune from civil liability
for any act, decision, omission, or utterance done or made in performance of his
duties while serving as a member of or consultant to such committee, board,
group, commission or other entity that functions primarily to review, evaluate,
or make recommendations on (i) the duration of patient stays in health care
facilities; (ii) the professional services furnished with respect to the
medical, dental, psychological, podiatric, chiropractic, veterinary, or
optometric necessity for such services; (iii) the purpose of promoting the most
efficient use or monitoring the quality of care of available health care
facilities and services, or of emergency medical services agencies and services;
(iv) the adequacy or quality of professional services; (v) the competency and
qualifications for professional staff privileges; (vi) the reasonableness or
appropriateness of charges made by or on behalf of health care facilities; (vii)
patient safety, including entering into contracts with patient safety
organizations, provided that such committee, board, group, commission, or other
entity has been established pursuant to federal or state law or regulation, the
requirements of a national accrediting organization granted authority by the
Centers for Medicare and Medicaid Services to assure compliance with Medicare
conditions of participation pursuant to &#xA7; 1865 of Title XVIII of the Social
Security Act (42 U.S.C. &#xA7; 1395bb), or guidelines approved or adopted by a
statewide or local association representing health care providers licensed in
the Commonwealth pursuant to clause (iii)(f) of subsection B of &#xA7;
8.01-581.17, or established and duly constituted by one or more public or
licensed private hospitals, health systems, community services boards, or
behavioral health authorities, or with a governmental agency, and provided
further that such act, decision, omission, or utterance is not done or made in
bad faith or with malicious intent.

B. Every member of, or health care professional consultant to, any committee,
board, group, commission, or other entity that functions primarily to (i)
review, evaluate, or make recommendations on a professional program to address
issues related to career fatigue and wellness or (ii) arrange for or provide
outpatient health care related to career fatigue and wellness for (a) health
care professionals licensed, registered, or certified by a board of the
Department of Health Professions as enumerated by &#xA7; 54.1-2503 or (b)
students enrolled in a graduate school or professional program, the completion
of which is a prerequisite for licensure, registration, or certification by a
board of the Department of Health Professions, located in the Commonwealth, that
is established or contracted for by a statewide association, that is 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 dentistry,
dental hygiene, medicine, or osteopathic medicine in multiple specialties, shall
be immune from civil liability for any act, decision, omission, or utterance
done or made in performance of his duties while serving as a member of or
consultant to such committee, board, group, commission, or other entity. No
active participant in a professional program described in this subsection shall
be employed or engaged by such professional program or have a financial
ownership interest in such professional program.

HISTORY: Code 1950, § 8-654.9; 1976, c. 611; 1977, c. 617; 1981, c. 174; 1987,
c. 713; 1989, c. 729; 1993, c. 702; 2001, c. 381; 2002, c. 675; 2006, c. 412;
2014, cc. 17, 320, 363; 2020, cc. 198, 1093; 2021, Sp. Sess. I, cc. 5, 243;
2024, cc. 96, 126; 2025, c. 183.