54.1-2517 - 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. Health Practitioners' Monitoring Program Committee; certainmeetings, decisions to be excepted from the Freedom of Information Act;confidentiality of records; immunity from liability.
A. The Health Practitioners' Monitoring Program Committee shall consist ofseven persons who are licensed, certified, or registered practitionersappointed by the Director to advise and assist in the operation of theProgram, at least one of whom shall be licensed to practice medicine orosteopathy in Virginia and who shall be engaged in active clinical practice,and at least one of whom shall be a registered nurse who shall be engaged inactive practice. All members of the Committee shall be knowledgeable aboutimpairment and rehabilitation, particularly as related to the monitoring ofhealth care practitioners. The Health Practitioners' Monitoring ProgramCommittee shall have the following powers and duties:
1. To determine, in accordance with the regulations, eligibility to enterinto the Program;
2. To determine, in accordance with the regulations, those Programparticipants 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 onthe scope of the practice for a period of time;
4. To report to the Director and the health regulatory boards as necessary onthe status of applicants for and participants in the Program;
5. To report to the Director, at least annually, on the performance of theProgram; and
6. To assist the Director in carrying out the provisions of this chapter.
B. Records of the Health Practitioners' Monitoring Program, to the extentsuch records identify individual practitioners in the program, shall beprivileged and confidential, and shall not be disclosed consistent with theVirginia Freedom of Information Act (§ 2.2-3700 et seq.). Such records shallbe used only in the exercise of the proper functions as set forth in thischapter and shall not be public records nor shall such records be subject tocourt order, except as provided in subdivision C 4 below, or be subject todiscovery or introduction as evidence in any civil, criminal, oradministrative proceedings except those conducted by a health regulatoryboard.
C. Notwithstanding the provisions of subsection B above and of subdivision 11of § 2.2-3705.5, the Committee may disclose such records relative to animpaired practitioner only:
1. When disclosure of the information is essential to the monitoring needs ofthe impaired practitioner;
2. When release of the information has been authorized in writing by theimpaired 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, upona showing of good cause therefor, including the need to avert a substantialrisk of death or serious bodily harm. In assessing good cause, the courtshall weigh the public interest and the need for disclosure against theinjury to the patient, to the physician-patient relationship, and to thetreatment services. Upon the granting of such order, the court, indetermining the extent to which any disclosure of all or any part of anyrecord is necessary, shall impose appropriate protections againstunauthorized disclosures.
D. Pursuant to subdivision A 24 of § 2.2-3711, the proceedings of theCommittee which in any way pertain or refer to a specific practitioner whomay be, or who is actually, impaired and who may be or is, by reason of suchimpairment, subject to disciplinary action by the relevant board shall beexcluded from the requirements of the Freedom of Information Act (§ 2.2-3700et seq.) and may be closed. Such proceedings shall be privileged andconfidential.
E. The members of the Committee shall be immune from liability resulting fromthe exercise of the powers and duties of the Committee as provided in §8.01-581.13.
(1997, c. 439; 1999, cc. 703, 726; 2004, c. 690; 2009, c. 472.)