54.1-2909 - Further reporting requirements; civil penalty; disciplinary action.
§ 54.1-2909. Further reporting requirements; civil penalty; disciplinaryaction.
A. The following matters shall be reported within 30 days of their occurrenceto the Board:
1. Any disciplinary action taken against a person licensed under this chapterin another state or in a federal health institution or voluntary surrender ofa license in another state while under investigation;
2. Any malpractice judgment against a person licensed under this chapter;
3. Any settlement of a malpractice claim against a person licensed under thischapter; and
4. Any evidence that indicates a reasonable probability that a personlicensed under this chapter is or may be professionally incompetent; hasengaged in intentional or negligent conduct that causes or is likely to causeinjury to a patient or patients; has engaged in unprofessional conduct; ormay be mentally or physically unable to engage safely in the practice of hisprofession.
The reporting requirements set forth in this section shall be met if thesematters are reported to the National Practitioner Data Bank under the HealthCare Quality Improvement Act, 42 U.S.C. § 11101 et seq., and notice that sucha report has been submitted is provided to the Board.
B. The following persons and entities are subject to the reportingrequirements set forth in this section:
1. Any person licensed under this chapter who is the subject of adisciplinary action, settlement, judgment or evidence for which reporting isrequired pursuant to this section;
2. Any other person licensed under this chapter, except as provided in theprotocol agreement entered into by the Medical Society of Virginia and theBoard for the Operation of the Impaired Physicians Program;
3. The presidents of all professional societies in the Commonwealth, andtheir component societies whose members are regulated by the Board, except asprovided for in the protocol agreement entered into by the Medical Society ofVirginia and the Board for the Operation of the Impaired Physicians Program;
4. All health care institutions licensed by the Commonwealth;
5. The malpractice insurance carrier of any person who is the subject of ajudgment or settlement; and
6. Any health maintenance organization licensed by the Commonwealth.
C. 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.
D. Any report required by this section shall be in writing directed to theBoard, shall give the name and address of the person who is the subject ofthe report and shall describe the circumstances surrounding the factsrequired to be reported. Under no circumstances shall compliance with thissection be construed to waive or limit the privilege provided in §8.01-581.17.
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 or criminal prosecution resulting therefrom unless such personacted in bad faith or with malicious intent.
F. The clerk of any circuit court or any district court in the Commonwealthshall report to the Board the conviction of any person known by such clerk tobe licensed under this chapter of any (i) misdemeanor involving a controlledsubstance, marijuana or substance abuse or involving an act of moralturpitude or (ii) felony.
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. TheDirector shall report the assessment of such civil penalty to theCommissioner of the Department of Health or the Commissioner of Insurance atthe State Corporation Commission. Any person assessed a civil penaltypursuant to this section shall not receive a license, registration orcertification or renewal of such unless such penalty has been paid.
H. Disciplinary action against any person licensed, registered or certifiedunder this chapter shall be based upon the underlying conduct of the personand not upon the report of a settlement or judgment submitted under thissection.
(1986, c. 434, § 54-317.4:1; 1988, c. 765; 1998, c. 744; 2003, cc. 753, 762.)