CODE OF VIRGINIA

CONFIDENTIALITY OF COMPLAINANT’S IDENTITY (§ 32.1-125.5)

Whenever the Department conducts inspections and investigations in response to
complaints received from the public, the identity of the complainant and the
identity of any patient who is the subject of the complaint, or identified
therein, shall be treated as confidential and shall not be open to inspection by
members of the public. Nothing contained herein shall prevent the Department, in
its discretion, from disclosing to the hospital the nature of the complaint or
the identity of the patient who is the subject of the complaint. Nothing
contained herein shall prevent the Department or its employees from making
reports under § 63.2-1509 or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of
Title 63.2. If the Department intends to rely, in whole or in part, on any
statements made by the complainant, at any administrative hearing brought
against the hospital, the Department shall disclose the identity of the
complainant to the hospital in a reasonable time in advance of such hearing.

HISTORY: 2003, c. 309.