32.1-134.1 - When denial, etc., to duly licensed physician of staff membership or professional privileges improper.

§ 32.1-134.1. When denial, etc., to duly licensed physician of staffmembership or professional privileges improper.

It shall be an improper practice for the governing body of a hospital whichhas twenty-five beds or more and which is required by state law to belicensed to refuse or fail to act within sixty days of a completedapplication for staff membership or professional privileges or deny orwithhold from a duly licensed physician staff membership or professionalprivileges in such hospital, or to exclude or expel a physician from staffmembership in such hospital or curtail, terminate or diminish in any way aphysician's professional privileges in such hospital, without stating inwriting the reason or reasons therefor, a copy of which shall be provided tothe physician. If the reason or reasons stated are unrelated to standards ofpatient care, patient welfare, violation of the rules and regulations of theinstitution or staff, the objectives or efficient operations of theinstitution, or the character or competency of the applicant, or misconductin any hospital, it shall be deemed an improper practice.

Any physician licensed in this Commonwealth to practice medicine who isaggrieved by any violation of this section shall have the right to seek aninjunction from the circuit court of the city or county in which the hospitalalleged to have violated this section is located prohibiting any such furtherviolation. The provisions of this section shall not be deemed to impair oraffect any other right or remedy; provided that a violation of this sectionshall not constitute a violation of the provisions of this article for thepurposes of § 32.1-135.

(1979, c. 711.)