TITLE 22.1. EDUCATION; CHAPTER 7. GENERAL POWERS AND DUTIES OF SCHOOL BOARDS;
ARTICLE 7. POPULAR ELECTION OF SCHOOL BOARD
§ 22.1-86.1. Appointment of student representatives to local school boards
“The local school board may adopt procedures for the appointment of student
representatives from among the students enrolled in the public schools in the
division. The student representative shall serve in a nonvoting, advisory capacity
and shall be appointed under such circumstances and serve for such terms as the
board prescribes. Nothing in this section shall prohibit any school board from
excluding the nonvoting student representative from executive sessions or closed
meetings pursuant to § 2.2-3711. Student representatives shall not be construed
to be members of local school boards for any purpose, including, but not limited
to, establishing a quorum or making any official decision.”
TITLE 22.1. EDUCATION; CHAPTER 14. PUPILS; ARTICLE 2. HEALTH PROVISIONS
§ 22.1-271.3. Guidelines for school attendance for children infected with
human immunodeficiency virus; school personnel training required; notification
of school personnel in certain cases’
“Upon request from a school employee who believes he has been involved in
a possible exposure-prone incident which may have exposed the employee to the
blood or body fluids of a student, the division superintendent shall contact
the local health director who, upon immediate investigation of the incident,
shall determine if a potentially harmful exposure has occurred and make recommendations,
based upon all information available to him, regarding how the employee can reduce
any risks from such exposure. The division superintendent shall share these recommendations
with the school employee. The division superintendent and the school employee
shall not divulge any information provided by the local health director regarding
such student. The information provided by the local health director shall be
subject to any applicable confidentiality requirements set forth in Chapter 2
(§ 32.1-35 et. seq.) of Title 32.1.”
TITLE 22.1. EDUCATION; CHAPTER 15. TEACHERS, OFFICERS AND EMPLOYEES; ARTICLE
2. TERMS OF EMPLOYMENT GENERALLY
§ 22.1-296.4. Child abuse and neglect data required
“On and after July 1, 1997, every school board shall require, as a condition
of employment, that any applicant who is offered or accepts employment requiring
direct contact with students, whether full-time or part-time, permanent or temporary,
provide written consent and the necessary personal information for the school
board to obtain a search of the registry of founded complaints of child abuse
and neglect maintained by the Department of Social Services pursuant to § 63.1-248.8. The
information provided to the school board by the Department of Social Services
shall be confidential and shall not be disseminated by the school board.”
TITLE 22.1. EDUCATION; CHAPTER 15. TEACHERS, OFFICERS AND EMPLOYEES; ARTICLE
2. TERMS OF EMPLOYMENT GENERALLY
§ 22.1-305. Nonrenewal of contract of probationary teacher
The teacher may request a conference before the division superintendent. “The
conference shall be confidential and no written or oral communication of such
conference shall be made to anyone other than the school board, in executive
session, and employees of the school division having an interest therein; however,
both the teacher and the division superintendent, upon request, may provide the
reasons for the nonrenewal to a potential employer of the teacher.”
TITLE 23 EDUCATIONAL INSTITUTIONS
TITLE 23. EDUCATIONAL INSTITUTIONS; CHAPTER 17. CAMPUS POLICE DEPARTMENTS
§ 23-232.2. Inspection of criminal incident information
“Criminal incident information, as described in subsection B, of any campus
police department established pursuant to § 23-232.1, shall be open to inspection
and copying by any (i) citizen of the Commonwealth, (ii) currently registered
student of the institution, or (iii) parent of a registered student, during the
regular office hours of the custodian of such information. Criminal incident
information shall include (i) the date, time, and general location of the alleged
crime; (ii) a general description of injuries suffered or property damaged or
stolen; and (iii) the name and address of any individual arrested as a result
of felonies committed against persons or property or misdemeanors involving assault,
battery, or moral turpitude reported to the campus police, except where disclosure
is prohibited by law; however, where the release of such information is likely
to jeopardize an ongoing criminal investigation or the safety of an individual,
cause a suspect to flee or evade detection, or result in the destruction of evidence,
such information may be withheld until the above-referenced damage is no longer
likely to occur from the release of such information.”
TITLE 24.2. ELECTIONS; CHAPTER 4. VOTER REGISTRATION; ARTICLE 3. LOCATIONS
AND TIMES FOR REGISTRATION
§ 24.2-411.1. Offices of the Department of Motor Vehicles
“The method used to receive an application for voter registration shall
avoid duplication of the license portion of the license application and require
only the minimum additional information necessary to enable registrars to determine
the voter eligibility of the applicant and to administer voter registration and
election laws. The voter application shall include a statement that, if
an applicant declines to register to vote, the fact the applicant has declined
to register will remain confidential and will be used only for voter registration
purposes.”
TITLE 24.2. ELECTIONS; CHAPTER 6. THE ELECTION; ARTICLE 3. VOTING EQUIPMENT AND
SYSTEMS
§ 24.2-629(A). Authorized use of electronic systems and ballots
“A. Any person, firm, or corporation hereinafter referred to as the “vendor,” manufacturing,
owning, or offering for sale any electronic voting or counting system and ballots
designed to be used with such equipment may apply to the State Board, in the
manner prescribed by the Board, to have examined a production model of such equipment
and the ballots used with it. In addition to any other materials which may be
required, a current statement of the financial
status of the vendor, including any assets and liabilities, shall be filed with
the Board; if the vendor is not the manufacturer of the equipment for which application
is made, such a statement shall also be filed for the manufacturer. These statements
shall be exempt from the provisions of the Virginia Freedom of Information Act
(§ 2.2-3700 et seq.). The Board shall also require, at a site of its choosing,
a demonstration of such system and ballots and may require that a production
model of the system and a supply of ballots be provided to the Board for testing
purposes.”
TITLE 24.2. ELECTIONS; CHAPTER 6. THE ELECTION; ARTICLE 4. CONDUCT OF ELECTION;
ELECTION RESULTS
§ 24.2-677. State Board to open and record returns; application of Freedom
of Information Act
“The provisions of the Virginia Freedom of Information Act (§2.2-3700
et seq.) shall not apply to the certified abstracts of the votes or any other
documents used by the Board in ascertaining the results of any election until
the results have been finally determined by the Board.”
TITLE 27. FIRE PROTECTION; CHAPTER 6. DEPARTMENT OF STATE POLICE; PUBLIC
BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT; ARTICLE 1. GENERAL PROVISIONS
§ 27-55. Department of State Police or successor agency to keep record of
fires and explosions; when open to public inspection
“The Department of State Police or its successor agency shall keep in its
office a record of all fires occurring in the Commonwealth, investigation of
which is provided for in this article, together with all facts, statistics and
circumstances concerning the same, including the origin of the fires. Such records
shall not be open to public inspection, except insofar as the Department shall
permit otherwise.”
TITLE 29.1 GAME, INLAND FISHERIES AND BOATING
TITLE 29.1. GAME, INLAND FISHERIES AND BOATING; CHAPTER 7. BOATING LAWS;
ARTICLE 3. BOATING SAFETY
§ 29.1-739. Duty of operator involved in collision, accident or other casualty;
immunity from liability; report of collision, etc.; summons in lieu of arrest
“In case of collision, accident, or other casualty involving a vessel, the
operator of the vessel, if the collision, accident, or other casualty is of such
a nature as to be reportable pursuant to regulations adopted by the Board, shall
notify within a reasonable time a law-enforcement officer of the Commonwealth,
game warden, or Marine Resources Commission inspector. The operator shall file
with the Department a full report of the collision, accident, or other casualty,
as the regulations of the Board may require. The report shall be without prejudice,
shall be for the information of the Department only, and shall not be open to
public inspection. The fact that such a report has been made shall be admissible
in evidence solely to show compliance with this section and applicable regulations,
but no such report nor any statement contained in the report shall be admissible
as evidence for any other purpose in any trial.”
TITLE 30. GENERAL ASSEMBLY; CHAPTER 10. VIRGINIA RETIREMENT SYSTEM OVERSIGHT
ACT
§ 30-80. Duties and powers
“Confidential or proprietary records of the Virginia Retirement System or
its subsidiary corporations provided to the Commission shall be exempted from
the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”
TITLE 30. GENERAL ASSEMBLY; CHAPTER 13. GENERAL ASSEMBLY CONFLICTS OF INTERESTS
ACT
§ 30-117. Confidentiality of proceedings
“All proceedings during the investigation of any complaint by the Panel
shall be confidential. This rule of confidentiality shall apply to Panel members
and their staff, the Committee on Privileges and Elections and its staff and
the Division of Legislative Services. “
TITLE 30. GENERAL ASSEMBLY; CHAPTER 15. VIRGINIA CODE COMMISSION
§ 30-147(B). Contracting with publishers; property rights regarding Code
of Virginia and administrative code material
“B. Trade secrets or proprietary information submitted by any person contracting
or proposing to contract with the Commission in connection with the publication
of (i) the Code of Virginia, (ii) the Virginia Administrative Code or (iii) any
other materials published by the Commission shall not be subject to public disclosure
under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However,
the person or firm shall invoke the protections of this subsection prior to or
upon submission of the data or other materials to be protected and state the
reasons why protection is necessary. The Commission may, in closed session, discuss,
consider, review or deliberate upon proposals which contain trade secrets or
proprietary information submitted by any person contracting or proposing to contract
with the Commission in connection with the publication of the Code of Virginia
or the Virginia Administrative Code.”
TITLE 30. GENERAL ASSEMBLY; CHAPTER 16. VIRGINIA CRIME COMMISSION
§ 30-158(A)(1) & (A)(2). Powers and duties of Commission.
“A. The Commission shall have the power and duty to:
1. Maintain offices, hold meetings and functions at any place within the Commonwealth that it deems necessary;
2. Conduct private and public hearings, and designate a member of the Commission to preside over such hearings. Pursuant to a resolution adopted by a majority of the Commission, witnesses appearing before the Commission may be examined privately and the Commission shall not make public the particulars of such examination. The Commission shall not have the power to take testimony at private or public hearings unless at least three of its members are present at such hearings. Witnesses appearing before the Commission at its request shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the Commonwealth, if such witnesses request such fees and mileage. “
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 1.
REPORTING OF DISEASES
§ 32.1-36. Reports by physicians and laboratory directors
“Upon investigation by the local health department of a patient reported
pursuant to subsection A, the Commissioner may, to the extent permitted by law,
disclose the patient’s identity and disease to the patient’s employer if the
Commissioner determines that (i) the patient’s employment responsibilities require
contact with the public and (ii) the nature of the patient’s disease and nature
of contact with the public constitutes a threat to the public health. The patient’s
identity and disease state shall be confidential as provided in § § 32.1-36.1
and 32.1-41. Any unauthorized disclosure of reports made pursuant to this section
shall be subject to the penalties of § 32.1-27.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 1. REPORTING
OF DISEASES
§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civil
penalty; individual action for damages or penalty
“The results of every test to determine infection with human immunodeficiency
virus shall be confidential. Such information may only be released to the following
persons: 1. The subject of the test or his legally authorized representative;
2. Any person designated in a release signed by the subject of the test or his
legally authorized representative; 3. The Department of Health; 4. Health care
providers for purposes of consultation or providing care and treatment to the
person who was the subject of the test or providing care and treatment to a child
of a woman who, at the time of such child’s birth, was known to be infected with
human immunodeficiency virus; 5. Health care facility staff committees which
monitor, evaluate, or review programs or services; 6. Medical or epidemiological
researchers for use as statistical data only; 7. Any person allowed access to
such information by a court order; 8. Any facility which procures, processes,
distributes or uses blood, other body fluids, tissues or organs; 9. Any person
authorized by law to receive such information; 10. The parents or other legal
custodian of the subject of the test if the subject is a minor; 11. The spouse
of the subject of the test; 12. Departments of health located outside the Commonwealth
by the Virginia Department of Health for the purposes of disease surveillance
and investigation.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 3. DISEASE
CONTROL MEASURES
§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens;
procedure available for certain citizens; definitions
“The results of the tests shall be confidential as provided in § 32.1-36.1.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 3. DISEASE
CONTROL MEASURES
§ 32.1-46. Immunization of children against certain diseases; authority
to share immunization records
“For the purpose of protecting the public health by ensuring that each child
receives age-appropriate immunizations, any physician, licensed institutional
health care provider, local or district health department, and the Department
of Health may share immunization and child locator information The immunization
information; the child’s name, address, telephone number, birth date, and social
security number; and the parents’ names shall be confidential and shall only
be shared for the purposes set out in this subsection.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 6.1. VIRGINIA
HEARING IMPAIRMENT IDENTIFICATION AND MONITORING SYSTEM
§ 32.1-64.2. Confidentiality of records; publication; Commissioner required
to contact parents, physicians, and relevant local early intervention program
“The Commissioner and all other persons to whom data is submitted pursuant
to § 32.1-64.1 shall keep such information confidential. No publication
of information shall be made except in the form of statistical or other studies
which do not identify individuals. However, the Commissioner shall contact the
parents of children identified with hearing impairment or at risk of hearing
impairment , their physicians and the relevant local early intervention program
to provide them with information about available public and private health care
and educational resources including any hearing impairment clinics.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 7. DETECTION
AND CONTROL OF PHENYLKETONURIA AND OTHER INBORN ERRORS OF METABOLISM
§ 32.1-67.1. Confidentiality of records; prohibition of discrimination
“The results of the screening programs conducted pursuant to this article
may be used for research and collective statistical purposes. No publication
of information, biomedical research or medical data shall be made which identifies
any infant having a genetic disease. All medical records maintained as part of
the screening programs shall be confidential and shall be accessible only to
the Board, the Commissioner or his agents.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 8. VOLUNTARY
PROGRAM FOR CONTROL OF GENETIC AND METABOLIC DISEASES
§ 32.1-69. Records confidential; disclosure of results of screening
“The results of any particular screening program shall be sent to the physician
of the person tested, if known, and either to the parents when the person screened
is under the age of eighteen or to the person if he is eighteen years of age
or over. The results of a screening program may be used for research and collective
statistical purposes. Except as hereinabove provided, all records maintained
as part of any screening program shall be strictly confidential and shall be
accessible only to the Board, the Commissioner or his agents or to the local
health director who is conducting the screening program except by explicit permission
of the person who has been screened if such person is eighteen years of age or
over or of such person’s parent or guardian if he is under age eighteen.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 8.1. VIRGINIA
CONGENITAL ANOMALIES REPORTING AND EDUCATION SYSTEM
§ 32.1-69.2. Confidentiality of records; publication; authority of Commissioner
to contact parents and physicians
“The Commissioner and all other persons to whom data is submitted pursuant
to § 32.1-69.1 shall keep such information confidential. No publication
of information shall be made except in the form of statistical or other studies
which do not identify individuals. However, the Commissioner may contact the
parents of children identified as having birth defects and their physicians to
collect relevant data and to provide them with information about available public
and private health care resources.”
TITLE 32.1. HEALTH; CHAPTER 2. DISEASE PREVENTION AND CONTROL; ARTICLE 9. STATEWIDE
CANCER REGISTRY
§ 32.1-71. Confidential nature of information supplied; publication; reciprocal
data-sharing agreements
“The Commissioner and all persons to whom information is submitted in accordance
with § 32.1-70 shall keep such information confidential. No publication
of any such information shall be made except in the form of statistical or other
studies which do not identify individual cases.”
TITLE 32.1. HEALTH; CHAPTER 3. MEDICAL CARE SERVICES; ARTICLE 3. VIRGINIA VOLUNTARY
FORMULARY
§ 32.1-83. Inclusion and exclusion of drug products and vendors; protection
of trade secret information
“Trade secret information obtained by the Formulary Board or the State Board
of Health pursuant to the provisions of this article shall not be subject to
the provisions of [the Virginia Freedom of Information Act] (§2.2-3700 et
seq.). The State Board of Health shall establish by regulation the means by which
such trade secret information shall be protected.”
TITLE 32.1. HEALTH; CHAPTER 4. HEALTH CARE PLANNING; ARTICLE 2.1. STATEWIDE EMERGENCY
MEDICAL SERVICES SYSTEM AND SERVICES
§ 32.1-111.3. Statewide emergency medical care system
This provision authorizes the Board of Health to collect data and information
and preparing reports for the designation and verification of trauma centers
and other specialty care centers. “All data and information collected shall
remain confidential and shall be exempt from the provisions of the Virginia Freedom
of Information Act (§ 2.2-3700 et seq.).”
TITLE 32.1. HEALTH; CHAPTER 4. HEALTH CARE PLANNING; ARTICLE 3.1. EMERGENCY MEDICAL
SERVICES PATIENT CARE INFORMATION SYSTEM
§ 32.1-116.1:1. Disclosure of medical records
“Any licensed physician or other health care provider may disclose to an
emergency medical care attendant, technician or another physician the medical
or hospital records of a sick or injured person to whom such attendant, technician
or physician is providing or has rendered emergency medical care or assistance
for the purpose of promoting the medical education of the specific person who
provided such care or assistance. Any emergency medical care attendant, technician
or physician to whom such confidential records are disclosed shall not further
disclose such information to any persons not entitled to receive that information
in accordance with the provisions of this section.”
TITLE 32.1. HEALTH; CHAPTER 4. HEALTH CARE PLANNING; ARTICLE 3.1. EMERGENCY MEDICAL
SERVICES PATIENT CARE INFORMATION SYSTEM
§ 32.1-116.2. Confidential nature of information supplied; publication;
liability protections
“The Commissioner and all other persons to whom data is submitted shall
keep patient information confidential. Mechanisms for protecting patient data
shall be developed and continually evaluated to ascertain their effectiveness.
No publication of information, research or medical data shall be made which identifies
the patients by names or addresses.”
TITLE 32.1. HEALTH; CHAPTER 5. REGULATION OF MEDICAL CARE FACILITIES AND SERVICES;
ARTICLE 1.1. CERTIFICATE OF QUALITY ASSURANCE OF MANAGED CARE HEALTH INSURANCE
PLAN LICENSEES
§ 32.1-137.2. Certification of quality assurance; application; issuance;
denial; renewal
“The State Corporation Commission shall give notice to the Commissioner
of its intention to issue an order based upon a finding of insolvency, hazardous
financial condition, or impairment of net worth or surplus to policyholders or
an order suspending or revoking the license of a managed care health insurance
plan licensee; and the Commissioner shall notify the Bureau of Insurance when
he has reasonable cause to believe that a recommendation for the suspension or
revocation of a certificate of quality assurance or the denial or nonrenewal
of such a certificate may be made pursuant to this article. Such notifications
shall be privileged and confidential and shall not be subject to subpoena.”
TITLE 32.1. HEALTH; CHAPTER 5. REGULATION OF MEDICAL CARE FACILITIES AND SERVICES;
ARTICLE 1.1. CERTIFICATE OF QUALITY ASSURANCE OF MANAGED CARE HEALTH INSURANCE
PLAN LICENSEES
§ 32.1-137.4. Examination, review or investigation
“Any examiner authorized by the Commissioner shall, so far as necessary
for the purposes of the examination or review, have access during regular business
hours to the premises and to any books, records, files, or property of the licensee
as far as they directly relate to the quality of care provided by the licensee.
All material copied or recorded or received shall be privileged and confidential
and shall not be subject to subpoena.”
TITLE 32.1. HEALTH; CHAPTER 5. REGULATION OF MEDICAL CARE FACILITIES AND SERVICES;
ARTICLE 1.1. CERTIFICATE OF QUALITY ASSURANCE OF MANAGED CARE HEALTH INSURANCE
PLAN LICENSEES
§ 32.1-137.5. Civil penalties; probation; suspension; restriction or prohibition
of new enrollments to managed care health insurance plan licensee; revocation
or nonrenewal of certificate of quality assurance; appeal process; correction
“When examination or review or complaint investigation by the Department
results in a finding of noncompliance with the provisions of this article or
the regulations of the Board, the managed care health insurance plan licensee
or applicant shall be provided written notice and a report specifying the findings
of noncompliance and providing an opportunity to be heard in no fewer than thirty
days by the Commissioner’s adjudication officer in a proceeding under § 9-6.14:11.
A copy of the notice and report shall be provided to the Bureau of Insurance.
Such proceeding shall be separate from the regulatory office of the Department
that conducted the examination, review, or investigation and shall be closed
and confidential. The records of the proceedings shall be privileged and confidential
and shall not be subject to subpoena.”
TITLE 32.1. HEALTH; CHAPTER 5. REGULATION OF MEDICAL CARE FACILITIES AND SERVICES;
ARTICLE 2. RIGHTS AND RESPONSIBILITIES OF PATIENTS IN NURSING HOMES
§ 32.1-138.5. Confidentiality of complainant’s identity
“Whenever the Department conducts inspections and investigations in response
to complaints received from the public, the identity of the complainant and the
identity of any patient who is the subject of the complaint, or identified therein,
shall be treated as confidential and shall not be open to inspection by members
of the public.”
TITLE 32.1. HEALTH; CHAPTER 6. ENVIRONMENTAL HEALTH SERVICES; ARTICLE 1. SEWAGE
DISPOSAL
§ 32.1-163.3. Identities of persons making certain reports to remain confidential
“The identity of any person making a report of an alleged violation of any
provision of this article or any regulation of the Board of Health relating to
sewage disposal shall be confidential. However, the identity of such person may
be disclosed (i) to the Commissioner, the members of the Board and personnel
of the Department in the performance of their duties; (ii) when the identity
is included in materials which are the subject of a request for information pursuant
to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); (iii) when
the matter reported is the subject of a hearing conducted by the State Health
Department Sewage Handling and Disposal Appeal Review Board; or (iv) when the
matter reported is the subject of litigation.”
TITLE 32.1. HEALTH; CHAPTER 7.2. HEALTH CARE DATA REPORTING; ARTICLE 7. MISCELLANEOUS
PROVISIONS
§ 32.1-276.9(A). (Effective until July 1, 2003) Confidentiality, subsequent
release of data and relief from liability for reporting; penalty for wrongful
disclosure; individual action for damages
“A. Any person, firm, or corporation hereinafter referred to as the “vendor,” manufacturing,
owning, or offering for sale any electronic voting or counting system and ballots
designed to be used with such equipment may apply to the State Board, in the
manner prescribed by the Board, to have examined a production model of such equipment
and the ballots used with it. In addition to any other materials which may be
required, a current statement of the financial
status of the vendor, including any assets and liabilities, shall be filed with
the Board; if the vendor is not the manufacturer of the equipment for which application
is made, such a statement shall also be filed for the manufacturer. These statements
shall be exempt from the provisions of the Virginia Freedom of Information Act
(§ 2.2-3700 et seq.). The Board shall also require, at a site of its choosing,
a demonstration of such system and ballots and may require that a production
model of the system and a supply of ballots be provided to the Board for testing
purposes.”
TITLE 32.1. HEALTH; CHAPTER 8. POSTMORTEM EXAMINATIONS AND SERVICES; ARTICLE
1. CHIEF MEDICAL EXAMINER AND POSTMORTEM EXAMINATIONS
§ 32.1-283.1. State Child Fatality Review Team established; membership;
access to and maintenance of records; confidentiality; etc
This provision creates the State Child Fatality Review Team which develops and
implements procedures to ensure that child deaths occurring in Virginia are analyzed
in a systematic way. “The Chief Medical Examiner may inspect and copy from
any Virginia health care provider, on behalf of the Team, (i) without obtaining
consent, the health and mental health records of the child and those perinatal
medical records of the child’s mother that related to such child and (ii) upon
obtaining consent from each adult regarding his personal records, or from a parent
regarding the records of a minor child, the health and mental health records
of the child’s family. All such information and records shall be confidential
and shall be excluded from the Virginia Freedom of Information Act (§ 2.2-3700
et seq.) pursuant to subdivision 54 of subsection A of § 2.2-3705. Upon
the conclusion of the child death review, all information and records concerning
the child and the child’s family shall be shredded or otherwise destroyed by
the Chief Medical Examiner in order to ensure confidentiality. Such information
or records shall not be subject to subpoena or discovery or be admissible in
any criminal or civil proceeding. All team members, persons attending
closed team meetings, and persons presenting information and records on specific
child deaths to the Team during closed meetings shall execute a sworn statement
to honor the confidentiality of the information, records, discussions, and opinions
disclosed during any closed meeting to review a specific child death. Violations
of this subsection shall be punishable as a Class 3 misdemeanor.”
This provision is repeated in § 32.1-283.3. Family violence fatality review
teams established; model protocol and data management; membership; authority;
confidentiality, etc.
TITLE 32.1. HEALTH; CHAPTER 8. POSTMORTEM EXAMINATIONS AND SERVICES; ARTICLE
1. CHIEF MEDICAL EXAMINER AND POSTMORTEM EXAMINATIONS
§ 32.1-283.2(D). Local and regional child fatality review teams established;
membership; authority; confidentiality; immunity
“D. All information and records obtained or created regarding the review
of a fatality shall be confidential and shall be excluded from the Virginia Freedom
of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision A 54 § 2.2-3705.
All such information and records shall be used by the team only in the exercise
of its proper purpose and function and shall not be disclosed. Such information
or records shall not be subject to subpoena, subpoena duces tecum, or discovery
or be admissible in any criminal or civil proceeding.If available from other
sources, however, such information and records shall not be immune from subpoena,
subpoena duces tecum, discovery or introduction into evidence when obtained through
such other sources solely because the information and records were presented
to the team during a fatality review. No person who participated in the reviews
nor any member of the team shall be required to make any statement as to what
transpired during the review or what information was collected during the review.
Upon the conclusion of the fatality review, all information and records concerning
the victim and the family shall be returned to the originating agency or destroyed.
However, the findings of the team may be disclosed or published in statistical
or other form which shall not identify individuals. The portions of meetings
in which individual cases are discussed by the team shall be closed pursuant
to subdivision A 22 of § 2.2-3711. All team members, persons attending closed
team meetings, and persons presenting information and records on specific fatalities
to the team during closed meetings shall execute a sworn statement to honor the
confidentiality of the information, records, discussions, and opinions disclosed
during any closed meeting to review a specific death. Violations of this subsection
shall be punishable as a Class 3 misdemeanor.”
TITLE 32.1. HEALTH; CHAPTER 8. POSTMORTEM EXAMINATIONS AND SERVICES; ARTICLE
1. CHIEF MEDICAL EXAMINER AND POSTMORTEM EXAMINATIONS
§ 32.1-283.3. Family violence fatality review teams established; model protocol
and data management; membership; authority; confidentiality, etc
“All information and records obtained or created regarding the review of
a fatality shall be confidential and shall be excluded from the Virginia Freedom
of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision A 54 of § 2.2-3705.
All such information and records shall be used by the team only in the exercise
of its proper purpose and function and shall not be disclosed. Such information
or records shall not be subject to subpoena, subpoena duces tecum or discovery
or be admissible in any criminal or civil proceeding.”
TITLE 32.1. HEALTH; CHAPTER 9. REGULATION OF MEDICAL ASSISTANCE; ARTICLE 1. IN
GENERAL
§ 32.1-320. Duties of Attorney General; medical services providers audit
and investigation unit
“The Attorney General or his authorized representative shall have the authority
to: 1. Conduct audits and investigations of providers of medical and other services
furnished under medical assistance. The relevant board within the Department
of Health Professions shall serve in an advisory capacity to the Attorney General
in the conduct of audits or investigations of health care providers licensed
by the respective regulatory boards. In the conduct of such audits or investigations,
the Attorney General may examine only those records or portions thereof, including
patient records, for which services were rendered by a health care provider and
reimbursed by the Department of Medical Assistance Services under the Plan for
Medical Assistance, notwithstanding the provisions of Chapter 38 (§ 2.2-3800
et seq.) of Title 2.2 or of any other statute which may make or purport to make
such records privileged or confidential. No original patient records shall be
removed from the premises of the health care provider, except in accordance with
Rule 4:9 of the Rules of the Supreme Court of Virginia. The disclosure of any
records or information by the Attorney General is prohibited, unless such disclosure
is directly connected to the official purpose for which the records or information
was obtained. The disclosure of patient information as required under this section
shall not subject any physician or other health services provider to any liability
for breach of any confidential relationship between the provider and the patient,
but no evidence resulting from such disclosure may be used in any civil, administrative
or criminal proceeding against the patient unless a waiver of the applicable
evidentiary privilege is obtained.”
TITLE 32.1. HEALTH; CHAPTER 10. DEPARTMENT OF MEDICAL ASSISTANCE SERVICES; ARTICLE
4. MEDICAID PRIOR AUTHORIZATION ADVISORY COMMITTEE
§ 32.1-331.15. Prior authorization of prescription drug products; coverage
under state plan
“Confidential proprietary information identified as such by a manufacturer
or supplier in writing in advance and furnished to the Committee or the Board
pursuant to this article shall not be subject to the disclosure requirements
of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).”
TITLE 37.1 INSTITUTIONS FOR THE MENTALLY ILL
TITLE 37.1. INSTITUTIONS FOR THE MENTALLY ILL; MENTAL HEALTH GENERALLY; CHAPTER 2. ADMISSIONS AND DISPOSITIONS IN GENERAL; ARTICLE 1. ADMISSIONS§ 37.1-67.3. Same; involuntary admission and treatment
In hearings for involuntary commitment: “…The judge shall make or cause to be made a tape or other audio recording of the hearing and shall submit such recording to the appropriate district court clerk to be retained in a confidential file. Such recordings shall only be used to document and to answer questions concerning the judge’s conduct of the hearing. These recordings shall be retained for at least three years from the date of the relevant commitment hearing. The judge shall also order that copies of the relevant medical records of such person be released to the facility or program in which he is placed upon request of the treating physician or director of the facility or program. Except as provided in this section, the court shall keep its copies of relevant medical records, reports, and court documents pertaining to the hearings provided for in this section confidential if so requested by such person, or his counsel, with access provided only upon court order for good cause shown. Such records, reports, and documents shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such person shall be released at the expiration of 180 days unless involuntarily committed by further petition and order of a court as provided herein or such person makes application for treatment on a voluntary basis as