§ 8.01-581.13.Civil immunity for certain health professionals and health profession students serving as members of certain entities.

Chapter 21.1. Medical Malpractice · Article 2. Miscellaneous Provisions · Last amended 2015 · Last verified July 16, 2026

In one sentenceHealth professionals and health profession students who serve on peer-review or impairment-monitoring committees — bodies that investigate substance abuse or mental or physical impairment, arrange treatment, or review care quality and staffing — are shielded from civil liability for their committee work unless they acted in bad faith or with malicious intent.

Full Text of § 8.01-581.13

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A. For the purposes of this subsection, "health professional" means any clinical psychologist, applied psychologist, school psychologist, dentist, certified emergency medical services provider, licensed professional counselor, licensed substance abuse treatment practitioner, certified substance abuse counselor, certified substance abuse counseling assistant, licensed marriage and family therapist, nurse, optometrist, pharmacist, physician, chiropractor, podiatrist, or veterinarian who is actively engaged in 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 health professional's bad faith or malicious intent, any health professional, as defined 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 any entity which functions primarily (i) to investigate any complaint that a physical or mental impairment, including alcoholism or drug addiction, has impaired the ability of any such health professional to practice his profession and (ii) to encourage, recommend and arrange for a course of treatment or intervention, if deemed appropriate, or (iii) to review or monitor the duration of patient stays in health facilities, delivery of professional services, or the quality of care delivered in the statewide emergency medical services system for the purpose of promoting the most efficient use of available health facilities and services, the adequacy and quality of professional services, or the reasonableness or appropriateness of charges made by or on behalf of such health professionals. Such entity shall have been established pursuant to a federal or state law, or by one or more public or licensed private hospitals, or a relevant health professional society, academy or association affiliated with the American Medical Association, the American Dental Association, the American Pharmaceutical Association, the American Psychological Association, the American Podiatric Medical Association, the American Society of Hospitals and Pharmacies, the American Veterinary Medical Association, the American Association for Counseling and Development, the American Optometric Association, International Chiropractic Association, the American Chiropractic Association, the NAADAC: the Association for Addiction Professionals, the American Association for Marriage and Family Therapy or a governmental agency.

B. For the purposes of this subsection, "health profession student" means a student in good standing who is enrolled in an accredited school, program, or curriculum in clinical psychology, counseling, dentistry, medicine, nursing, pharmacy, chiropractic, marriage and family therapy, substance abuse treatment, or veterinary medicine and has received training relating to substance abuse.

Unless such act, decision, or omission resulted from such health profession student's bad faith or malicious intent, any health profession student, as defined in this subsection, shall be immune from civil liability for any act, decision, or omission resulting from his duties as a member of an entity established by the institution of higher education in which he is enrolled or a professional student's organization affiliated with such institution which functions primarily (i) to investigate any complaint of a physical or mental impairment, including alcoholism or drug addiction, of any health profession student and (ii) to encourage, recommend, and arrange for a course of treatment, if deemed appropriate.

C. The immunity provided hereunder shall not extend to any person with respect to actions, decisions or omissions, liability for which is limited under the provisions of the federal Social Security Act or amendments thereto.

End

Plain-English Summary

This section opens Article 2 with an immunity aimed at keeping peer-review and impairment-monitoring work honest and candid. Subsection A defines “health professional” broadly — psychologists, dentists, EMS providers, counselors, nurses, physicians, chiropractors, podiatrists, veterinarians, and more — and immunizes them from civil liability for acts, decisions, or omissions tied to their duties on a qualifying committee, so long as they didn’t act in bad faith or with malicious intent. To qualify, the committee has to function primarily to investigate whether a professional’s impairment (including alcoholism or drug addiction) affects their ability to practice, to arrange treatment or intervention, or to review the duration of patient stays, the delivery of services, or the quality of care in the statewide emergency medical services system. The entity itself also has to trace back to a recognized source — federal or state law, one or more hospitals, or a professional society affiliated with a named national organization like the American Medical Association or American Dental Association.

Subsection B extends a parallel, narrower version of that immunity to health profession students — those enrolled in accredited clinical psychology, dental, medical, nursing, pharmacy, chiropractic, marriage and family therapy, substance abuse treatment, or veterinary programs — who serve on a school-based or affiliated student organization’s committee investigating a fellow student’s impairment and arranging treatment.

Subsection C caps both grants of immunity: they don’t reach any action, decision, or omission for which liability is already limited under the federal Social Security Act or its amendments.

Frequently Asked Questions

What kind of committee work does this immunity cover for licensed health professionals?

Duties as a member or agent of an entity that functions primarily to investigate impairment affecting a professional’s ability to practice, to encourage or arrange treatment or intervention, or to review patient stays, service delivery, EMS quality of care, or the reasonableness of charges.

Does the immunity protect bad-faith or malicious conduct?

No. It is expressly unavailable if the act, decision, or omission resulted from the health professional’s bad faith or malicious intent.

Are health profession students covered by a similar immunity?

Yes. Subsection B extends parallel immunity to students serving on impairment-review entities established by their school or an affiliated professional student organization.

What kinds of entities have to sponsor the committee for this immunity to apply?

Ones established under federal or state law, by one or more public or licensed private hospitals, or by a relevant health professional society or association affiliated with organizations like the American Medical Association or American Dental Association, or by a governmental agency.

Is there any limit on this immunity tied to federal law?

Yes. The immunity does not extend to actions, decisions, or omissions for which liability is limited under the federal Social Security Act or amendments thereto.

Amendment History

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; 2015, cc. 502, 503.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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