2006 Code of Virginia § 54.1-2517 - Powers and duties of the Intervention Program Committee; certain meetings, decisions to be excepte...

54.1-2517. Powers and duties of the Intervention Program Committee; certainmeetings, decisions to be excepted from the Freedom of Information Act;confidentiality of records; immunity from liability.

A. The Intervention Program Committee shall have the following powers andduties:

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; and

5. To report to the Director, at least annually, on the performance of theProgram.

B. Records of the Intervention Program Committee, to the extent such recordsidentify individual practitioners in the intervention 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 by the Committee only in the exercise of the proper functions of theCommittee as set forth in this chapter and shall not be public records norshall such records be subject to court order, except as provided insubdivision C 4 below, or be subject to discovery or introduction as evidencein any civil, criminal, or administrative proceedings except those conductedby a health regulatory board.

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 intervention,treatment or rehabilitation needs of the 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 25 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.)