2006 Code of Virginia § 54.1-2400.4 - Mental health service providers duty to inform; immunity; civil penalty

54.1-2400.4. Mental health service providers duty to inform; immunity;civil penalty.

A. Any mental health service provider, as defined in 54.1-2400.1, shall,upon learning of evidence that indicates a reasonable probability thatanother mental health provider is or may be guilty of a violation ofstandards of conduct as defined in statute or regulation, advise his patientof his right to report such misconduct to the Department of HealthProfessions, hereinafter referred to as the "Department."

B. The mental health service provider shall provide relevant information tothe patient, including, but not limited to, the Department's toll-freecomplaint hotline number for consumer complaints and written information,published by the Department of Health Professions, explaining how to file areport. The mental health service provider shall document in the patient'srecord the alleged misconduct, the category of licensure or certification,and approximate dates of treatment, if known, of the mental health serviceprovider who will be the subject of the report, and the action taken by themental health service provider to inform the patient of his right to file acomplaint with the Department of Health Professions.

C. Any mental health service provider informing a patient of his right tofile a complaint against a regulated person and providing the informationrequired by this section shall be immune from any civil liability or criminalprosecution resulting therefrom unless such person acted in bad faith or withmalicious intent.

D. Notwithstanding any other provision of law, any person required to informa patient of his right to file a complaint against a regulated personpursuant to this section who fails to do so shall be subject to a civilpenalty not to exceed $100.

(2000, c. 578.)