CODE OF VIRGINIA

HEALTH PRACTITIONERS’ MONITORING PROGRAM COMMITTEE; CERTAIN MEETINGS,
DECISIONS TO BE EXCEPTED FROM THE FREEDOM OF INFORMATION ACT; CONFIDENTIALITY OF
RECORDS; IMMUNITY FROM LIABILITY (§ 54.1-2517)

A. The Health Practitioners’ Monitoring Program Committee shall consist of
nine persons appointed by the Director to advise and assist in the operation of
the Program, of whom eight shall be licensed, certified, or registered
practitioners and one shall be a citizen member. Of the members who are
licensed, certified, or registered practitioners, at least one shall be licensed
to practice medicine or osteopathy in Virginia and engaged in active clinical
practice, at least one shall be a registered nurse engaged in active practice,
and all shall be knowledgeable about impairment and rehabilitation, particularly
as related to the monitoring of health care practitioners. The Committee shall
have the following powers and duties:

   1.  To determine, in accordance with the regulations, eligibility to enter
   into the Program;

   2.  To determine, in accordance with the regulations, those Program
   participants who are eligible for stayed disciplinary action;

   3.  To enter into written contracts with practitioners which may include,
   among other terms and conditions, withdrawal from practice or limitations on
   the scope of the practice for a period of time;

   4.  To report to the Director and the health regulatory boards as necessary on
   the status of applicants for and participants in the Program;

   5.  To report to the Director, at least annually, on the performance of the
   Program; and

   6.  To assist the Director in carrying out the provisions of this chapter.

B. Records of the Program, to the extent such records identify individual
practitioners in the Program, shall be privileged and confidential, and shall
not be disclosed consistent with the Virginia Freedom of Information Act (§
2.2-3700 et seq.). Such records shall be used only in the exercise of the proper
functions as set forth in this chapter and shall not be public records nor shall
such records be subject to court order, except as provided in subdivision C 4,
or be subject to discovery or introduction as evidence in any civil, criminal,
or administrative proceedings except those conducted by a health regulatory
board.

C. Notwithstanding the provisions of subsection B and of subdivision 11 of §
2.2-3705.5, the Committee may disclose such records relative to an impaired
practitioner only:

   1.  When disclosure of the information is essential to the monitoring needs of
   the impaired practitioner;

   2.  When release of the information has been authorized in writing by the
   impaired practitioner;

   3.  To a health regulatory board within the Department of Health Professions;
   or

   4.  When an order by a court of competent jurisdiction has been granted, upon
   a showing of good cause therefor, including the need to avert a substantial
   risk of death or serious bodily harm. In assessing good cause, the court shall
   weigh the public interest and the need for disclosure against the injury to
   the patient, to the physician-patient relationship, and to the treatment
   services. Upon the granting of such order, the court, in determining the
   extent to which any disclosure of all or any part of any record is necessary,
   shall impose appropriate protections against unauthorized disclosures.

D. Pursuant to subdivision A 24 of § 2.2-3711, the proceedings of the Committee
which in any way pertain or refer to a specific practitioner who may be, or who
is actually, impaired and who may be or is, by reason of such impairment,
subject to disciplinary action by the relevant board shall be excluded from the
requirements of the Freedom of Information Act (§ 2.2-3700 et seq.) and may be
closed. Such proceedings shall be privileged and confidential.

E. The members of the Committee shall be immune from liability resulting from
the exercise of the powers and duties of the Committee as provided in §
8.01-581.13.

HISTORY: 1997, c. 439; 1999, cc. 703, 726; 2004, c. 690; 2009, c. 472; 2016, c.
105.