§ 8.01-399.Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section).
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 2009 · Last verified July 16, 2026
Full Text of § 8.01-399
Plain-English Summary
Patients tell doctors things they would not tell anyone else, and the law protects that candor by default. Section 8.01-399 keeps a licensed healing-arts practitioner from testifying about what he learned while treating a patient, unless the patient asks or consents — or unless one of the statute’s exceptions applies.
The biggest exception matters most in personal injury litigation: once the patient’s physical or mental condition becomes an issue in the case, the practitioner’s diagnoses, symptoms, observations, and treatment records must come out — but only through formal discovery or trial testimony, not through informal lawyer contact. A court cannot force a party to sign a blanket medical-records release unless the provider sits outside Virginia or is a federal facility, and any disclosure order must be limited to records tied to the conditions at issue in the case.
The section also polices how lawyers reach out to the other side’s treating providers. A lawyer cannot get patient information straight from a practitioner without consent, except through the formal Rules of Court discovery process — though the statute carves out specific, limited contacts, like scheduling, verifying treatment dates, or explaining a subpoena, so long as any information that touches the substance of the case is shared with the patient’s side too.
A handful of other carve-outs round the section out: it does not disturb the separate workers’ compensation privilege, does not protect communications made to unlawfully obtain drugs, and does not stop a practitioner from disclosing information required by state or federal law or needed for the patient’s own care, the provider’s legal rights, or a facility’s operations. Clinical psychologists count as healing-arts practitioners for all of this.
Frequently Asked Questions
Can a doctor be forced to testify about a patient’s treatment in a Virginia civil case?
Not without the patient’s request or consent, except as this section otherwise provides — but once the patient’s physical or mental condition is at issue in the action, the relevant diagnoses, records, and facts must be disclosed through discovery or trial testimony.
Can a court order me to sign a release for my medical records?
Generally no — no order compelling a party to sign a release for medical records from a health care provider may be entered unless the provider is located outside the Commonwealth or is a federal facility.
Can opposing counsel call my treating doctor directly to discuss my case?
No, except through discovery under the Rules of Supreme Court, though the section allows limited contact for things like scheduling appearances, verifying treatment dates, or explaining a subpoena, with certain contacts requiring the patient or attorney to be copied.
Are clinical psychologists covered by this privilege?
Yes, a clinical psychologist duly licensed under Chapter 36 of Title 54.1 is considered a practitioner of a branch of the healing arts within the meaning of this section.
Does this privilege protect communications made to obtain drugs unlawfully?
No, the section does not apply to information communicated to a practitioner in an effort to unlawfully procure a narcotic drug or its administration.
Amendment History
Code 1950, § 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993, c. 556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649, 692; 2009, c. 714.