2006 Code of Virginia § 8.01-581.17 - Privileged communications of certain committees and entities

8.01-581.17. Privileged communications of certain committees and entities.

A. For the purposes of this section:

"Centralized credentialing service" means (i) gathering informationrelating to applications for professional staff privileges at any public orlicensed private hospital or for participation as a provider in any healthmaintenance organization, preferred provider organization or any similarorganization and (ii) providing such information to those hospitals andorganizations that utilize the service.

"Patient safety data" means reports made to patient safety organizationstogether with all health care data, interviews, memoranda, analyses, rootcause analyses, products of quality assurance or quality improvementprocesses, corrective action plans or information collected or created by ahealth care provider as a result of an occurrence related to the provision ofhealth care services.

"Patient safety organization" means any organization, group, or otherentity that collects and analyzes patient safety data for the purpose ofimproving patient safety and health care outcomes and that is independent andnot under the control of the entity that reports patient safety data.

B. The proceedings, minutes, records, and reports of any (i) medical staffcommittee, utilization review committee, or other committee, board, group,commission or other entity as specified in 8.01-581.16; (ii) nonprofitentity that provides a centralized credentialing service; or (iii) qualityassurance, quality of care, or peer review committee established pursuant toguidelines approved or adopted by (a) a national or state peer review entity,(b) a national or state accreditation entity, (c) a national professionalassociation of health care providers or Virginia chapter of a nationalprofessional association of health care providers, (d) a licensee of amanaged care health insurance plan (MCHIP) as defined in 38.2-5800, (e) theOffice of Emergency Medical Services or any regional emergency medicalservices council, or (f) a statewide or local association representing healthcare providers licensed in the Commonwealth, together with allcommunications, both oral and written, originating in or provided to suchcommittees or entities, are privileged communications which may not bedisclosed or obtained by legal discovery proceedings unless a circuit court,after a hearing and for good cause arising from extraordinary circumstancesbeing shown, orders the disclosure of such proceedings, minutes, records,reports, or communications. Additionally, for the purposes of this section,accreditation and peer review records of the American College of Radiologyand the Medical Society of Virginia are considered privileged communications.Oral communications regarding a specific medical incident involving patientcare, made to a quality assurance, quality of care, or peer review committeeestablished pursuant to clause (iii), shall be privileged only to the extentmade more than 24 hours after the occurrence of the medical incident.

C. Nothing in this section shall be construed as providing any privilege tohealth care provider, emergency medical services agency, community servicesboard, or behavioral health authority medical records kept with respect toany patient in the ordinary course of business of operating a hospital,emergency medical services agency, community services board, or behavioralhealth authority nor to any facts or information contained in such recordsnor shall this section preclude or affect discovery of or production ofevidence relating to hospitalization or treatment of any patient in theordinary course of hospitalization of such patient.

D. Notwithstanding any other provision of this section, reports or patientsafety data in possession of a patient safety organization, together with theidentity of the reporter and all related correspondence, documentation,analysis, results or recommendations, shall be privileged and confidentialand shall not be subject to a civil, criminal, or administrative subpoena oradmitted as evidence in any civil, criminal, or administrative proceeding.Nothing in this subsection shall affect the discoverability or admissibilityof facts, information or records referenced in subsection C as related topatient care from a source other than a patient safety organization.

E. Any patient safety organization shall promptly remove allpatient-identifying information after receipt of a complete patient safetydata report unless such organization is otherwise permitted by state orfederal law to maintain such information. Patient safety organizations shallmaintain the confidentiality of all patient-identifying information and shallnot disseminate such information except as permitted by state or federal law.

F. Exchange of patient safety data among health care providers or patientsafety organizations that does not identify any patient shall not constitutea waiver of any privilege established in this section.

G. Reports of patient safety data to patient safety organizations shall notabrogate obligations to make reports to health regulatory boards or otheragencies as required by state or federal law.

H. No employer shall take retaliatory action against an employee who in goodfaith makes a report of patient safety data to a patient safety organization.

I. Reports produced solely for purposes of self-assessment of compliance withrequirements or standards of the Joint Commission on Accreditation ofHealthcare Organizations shall be privileged and confidential and shall notbe subject to subpoena or admitted as evidence in a civil or administrativeproceeding. Nothing in this subsection shall affect the discoverability oradmissibility of facts, information, or records referenced in subsection C asrelated to patient care from a source other than such accreditation body. Ahealth care provider's release of such reports to such accreditation bodyshall not constitute a waiver of any privilege provided under this section.

(Code 1950, 8-654.10; 1976, c. 611; 1977, c. 617; 1995, c. 500; 1997, c.292; 2001, c. 381; 2002, c. 675; 2004, c. 250; 2006, cc. 412, 678.)