CODE OF VIRGINIA

CIVIL IMMUNITY FOR CERTAIN HEALTH PROFESSIONALS AND HEALTH PROFESSION STUDENTS
SERVING AS MEMBERS OF CERTAIN ENTITIES (§ 8.01-581.13)

A. For the purposes of this subsection, “health professional” means
any clinical psychologist, applied psychologist, school psychologist, dentist,
certified emergency medical services provider, licensed professional counselor,
licensed substance abuse treatment practitioner, certified substance abuse
counselor, certified substance abuse counseling assistant, licensed marriage and
family therapist, nurse, optometrist, pharmacist, physician, chiropractor,
podiatrist, or veterinarian who is actively engaged in the practice of his
profession or any member of the Health Practitioners’ Monitoring Program
Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.Unless
such act, decision, or omission resulted from such health professional’s
bad faith or malicious intent, any health professional, as defined in this
subsection, shall be immune from civil liability for any act, decision or
omission resulting from his duties as a member or agent of any entity which
functions primarily (i) to investigate any complaint that a physical or mental
impairment, including alcoholism or drug addiction, has impaired the ability of
any such health professional to practice his profession and (ii) to encourage,
recommend and arrange for a course of treatment or intervention, if deemed
appropriate, or (iii) to review or monitor the duration of patient stays in
health facilities, delivery of professional services, or the quality of care
delivered in the statewide emergency medical services system for the purpose of
promoting the most efficient use of available health facilities and services,
the adequacy and quality of professional services, or the reasonableness or
appropriateness of charges made by or on behalf of such health professionals.
Such entity shall have been established pursuant to a federal or state law, or
by one or more public or licensed private hospitals, or a relevant health
professional society, academy or association affiliated with the American
Medical Association, the American Dental Association, the American
Pharmaceutical Association, the American Psychological Association, the American
Podiatric Medical Association, the American Society of Hospitals and Pharmacies,
the American Veterinary Medical Association, the American Association for
Counseling and Development, the American Optometric Association, International
Chiropractic Association, the American Chiropractic Association, the NAADAC: the
Association for Addiction Professionals, the American Association for Marriage
and Family Therapy or a governmental agency.

B. For the purposes of this subsection, “health profession student”
means a student in good standing who is enrolled in an accredited school,
program, or curriculum in clinical psychology, counseling, dentistry, medicine,
nursing, pharmacy, chiropractic, marriage and family therapy, substance abuse
treatment, or veterinary medicine and has received training relating to
substance abuse.Unless such act, decision, or omission resulted from such health
profession student’s bad faith or malicious intent, any health profession
student, as defined in this subsection, shall be immune from civil liability for
any act, decision, or omission resulting from his duties as a member of an
entity established by the institution of higher education in which he is
enrolled or a professional student’s organization affiliated with such
institution which functions primarily (i) to investigate any complaint of a
physical or mental impairment, including alcoholism or drug addiction, of any
health profession student and (ii) to encourage, recommend, and arrange for a
course of treatment, if deemed appropriate.

C. The immunity provided hereunder shall not extend to any person with respect
to actions, decisions or omissions, liability for which is limited under the
provisions of the federal Social Security Act or amendments thereto.

HISTORY: Code 1950, § 8-654.6; 1975, c. 418; 1977, c. 617; 1983, c. 567; 1984,
c. 494; 1987, c. 713; 1989, c. 729; 1992, c. 590; 1993, c. 702; 1995, c. 636;
1996, cc. 937, 980; 1997, cc. 439, 901; 2001, c. 460; 2006, cc. 412, 638; 2009,
c. 472; 2015, cc. 502, 503.