2006 Code of Virginia § 54.1-2908 - Reports of disciplinary action against health professionals; immunity from liability; civil penalt...

54.1-2908. Reports of disciplinary action against health professionals;immunity from liability; civil penalty.

A. The president of the Medical Society of Virginia, the Osteopathic MedicalAssociation, the Virginia Chiropractors Association, Inc., and the VirginiaPodiatric Medical Association shall report within 30 days to the Board ofMedicine any disciplinary action taken by his organization against any memberof his organization licensed under this chapter if such disciplinary actionis a result of conduct involving intentional or negligent conduct that causesor is likely to cause injury to a patient or patients, professional ethics,professional incompetence, moral turpitude, drug addiction or alcohol abuse.

B. The president of any association, society, academy or organization shallreport within 30 days to the Board of Medicine any disciplinary action takenagainst any of its members licensed under this chapter if such disciplinaryaction is a result of conduct involving intentional or negligent conduct thatcauses or is likely to cause injury to a patient or patients, professionalethics, professional incompetence, moral turpitude, drug addiction or alcoholabuse.

C. Any report required by this section shall be in writing directed to theBoard of Medicine, shall give the name and address of the person who is thesubject of the report and shall fully describe the circumstances surroundingthe facts required to be reported. The report shall include the names andcontact information of individuals with knowledge about the facts required tobe reported and the names and contact information of all individuals fromwhom the association, society, academy, or organization sought information tosubstantiate the facts required to be reported. All relevant medical recordsmaintained by the reporting entity shall be attached to the report if patientcare or the health professional's health status is at issue. The reportingassociation, society, academy or organization shall also provide notice tothe Board that it has submitted any required report to the NationalPractitioner Data Bank under the Health Care Quality Improvement Act, 42U.S.C. 11101 et seq.

The reporting association, society, academy or organization shall give thehealth professional who is the subject of the report an opportunity to reviewthe report. The health professional may submit a separate report if hedisagrees with the substance of the report.

D. No person or entity shall be obligated to report any matter to the Boardif the person or entity has actual notice that the matter has already beenreported to the Board.

E. Any person making a report required by this section, providing informationpursuant to an investigation or testifying in a judicial or administrativeproceeding as a result of such report shall be immune from any civilliability resulting therefrom unless such person acted in bad faith or withmalicious intent.

F. In the event that any organization enumerated in subsection A or anycomponent thereof receives a complaint against one of its members, suchorganization may, in lieu of considering disciplinary action against suchmember, request that the Board investigate the matter pursuant to thischapter, in which event any person participating in the decision to make sucha request or testifying in a judicial or administrative proceeding as aresult of such request shall be immune from any civil liability alleged tohave resulted therefrom unless such person acted in bad faith or withmalicious intent.

G. Any person who fails to make a report to the Board as required by thissection shall be subject to a civil penalty not to exceed $5,000. Any personassessed a civil penalty pursuant to this section shall not receive alicense, registration or certification or renewal of such from any healthregulatory board unless such penalty has been paid.

(1977, c. 639, 54-317.4; 1978, c. 541; 1983, c. 40; 1986, c. 434; 1988, c.765; 1996, cc. 937, 980; 2000, c. 688; 2003, cc. 753, 762.)