8.01-581.13 - Civil immunity for certain health professionals and health profession students serving as members of certain entities.
§ 8.01-581.13. Civil immunity for certain health professionals and healthprofession students serving as members of certain entities.
A. For the purposes of this subsection, "health professional" means anyclinical psychologist, applied psychologist, school psychologist, dentist,certified emergency medical services personnel, licensed professionalcounselor, licensed substance abuse treatment practitioner, certifiedsubstance abuse counselor, certified substance abuse counseling assistant,licensed marriage and family therapist, nurse, optometrist, pharmacist,physician, chiropractor, podiatrist, or veterinarian who is actively engagedin the practice of his profession or any member of the Health Practitioners'Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.)of Title 54.1.
Unless such act, decision, or omission resulted from such healthprofessional's bad faith or malicious intent, any health professional, asdefined in this subsection, shall be immune from civil liability for any act,decision or omission resulting from his duties as a member or agent of anyentity which functions primarily (i) to investigate any complaint that aphysical or mental impairment, including alcoholism or drug addiction, hasimpaired the ability of any such health professional to practice hisprofession and (ii) to encourage, recommend and arrange for a course oftreatment or intervention, if deemed appropriate, or (iii) to review ormonitor the duration of patient stays in health facilities, delivery ofprofessional services, or the quality of care delivered in the statewideemergency medical care system for the purpose of promoting the most efficientuse of available health facilities and services, the adequacy and quality ofprofessional services, or the reasonableness or appropriateness of chargesmade by or on behalf of such health professionals. Such entity shall havebeen established pursuant to a federal or state law, or by one or more publicor licensed private hospitals, or a relevant health professional society,academy or association affiliated with the American Medical Association, theAmerican Dental Association, the American Pharmaceutical Association, theAmerican Psychological Association, the American Podiatric MedicalAssociation, the American Society of Hospitals and Pharmacies, the AmericanVeterinary Medical Association, the American Association for Counseling andDevelopment, the American Optometric Association, International ChiropracticAssociation, the American Chiropractic Association, the NAADAC: theAssociation for Addiction Professionals, the American Association forMarriage and Family Therapy or a governmental agency.
B. For the purposes of this subsection, "health profession student" means astudent in good standing who is enrolled in an accredited school, program, orcurriculum in clinical psychology, counseling, dentistry, medicine, nursing,pharmacy, chiropractic, marriage and family therapy, substance abusetreatment, or veterinary medicine and has received training relating tosubstance abuse.
Unless such act, decision, or omission resulted from such health professionstudent's bad faith or malicious intent, any health profession student, asdefined in this subsection, shall be immune from civil liability for any act,decision, or omission resulting from his duties as a member of an entityestablished by the institution of higher education in which he is enrolled ora professional student's organization affiliated with such institution whichfunctions primarily (i) to investigate any complaint of a physical or mentalimpairment, including alcoholism or drug addiction, of any health professionstudent and (ii) to encourage, recommend, and arrange for a course oftreatment, if deemed appropriate.
C. The immunity provided hereunder shall not extend to any person withrespect to actions, decisions or omissions, liability for which is limitedunder the provisions of the federal Social Security Act or amendments thereto.
(Code 1950, § 8-654.6; 1975, c. 418; 1977, c. 617; 1983, c. 567; 1984, c.494; 1987, c. 713; 1989, c. 729; 1992, c. 590; 1993, c. 702; 1995, c. 636;1996, cc. 937, 980; 1997, cc. 439, 901; 2001, c. 460; 2006, cc. 412, 638;2009, c. 472.)