77938454.1-2517Virginia Decodedhttps://vacode.org2016Professions And OccupationsProfessions And Occupations Regulated By Boards Within The Department Of Health ProfessionsHealth Practitioners' Monitoring Program1997, c. 439; 1999, cc. 703, 726; 2004, c. 690; 2009, c. 472; 2016, c. 105.http://law.lis.virginia.gov/vacode/54.1-2517/2.2-3700Short title; policy/2.2-3700/2.2-3705.5Exclusions to application of chapter; health and social services records/2.2-3705.5/2.2-3711Closed meetings authorized for certain limited purposes/2.2-3711/8.01-581.13Civil immunity for certain health professionals and health profession students serving as members of certain entities/8.01-581.13//54.1-2517/54.1/III/25.1/54.1-251754.1-2515 To determine, in accordance with the regulations, eligibility to enter into the Program;sectionA1A12 To determine, in accordance with the regulations, those Program participants who are eligible for stayed disciplinary action;sectionA2A22 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;sectionA3A32 To report to the Director and the health regulatory boards as necessary on the status of applicants for and participants in the Program;sectionA4A42 To report to the Director, at least annually, on the performance of the Program; andsectionA5A52 To assist the Director in carrying out the provisions of this chapter.sectionA6A62Records 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.sectionBB1Notwithstanding 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:sectionCC1 When disclosure of the information is essential to the monitoring needs of the impaired practitioner;sectionC1C12 When release of the information has been authorized in writing by the impaired practitioner;sectionC2C22 To a health regulatory board within the Department of Health Professions; orsectionC3C32 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.sectionC4C42Pursuant 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.sectionDD1The 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.sectionEE1