§ 8.01-581.19:1.Civil immunity for persons providing information to certain committees.
Chapter 21.1. Medical Malpractice · Article 2. Miscellaneous Provisions · Last amended 1996 · Last verified July 16, 2026
Full Text of § 8.01-581.19:1
Plain-English Summary
This section protects the informant, not the practitioner under investigation. Anyone who provides information to a qualifying committee investigating a complaint that a practitioner of medicine, osteopathy, optometry, chiropractic, podiatry, clinical psychology, physical therapy, veterinary medicine, or physical therapist assisting may be unable to safely practice — because of alcohol, drugs, other substances, or a mental or physical condition — is immune from civil liability for the act, utterance, or communication made in providing that information.
That immunity has two limits: it doesn’t apply if the act, utterance, or communication was made in bad faith or with malicious intent, or if the disclosure itself is prohibited by federal law or its implementing regulations. And the protection only attaches when the receiving entity fits one of several institutional categories — established under federal or state law, established by public or licensed private hospitals, or a medical, chiropractic, optometric, veterinary, or clinical psychology society operating an impairment program in cooperation with the relevant licensing board.
Frequently Asked Questions
Who gets immunity under this section?
Any person who provides information to a qualifying committee or entity investigating a complaint that a practitioner may be unable to practice safely due to substance use or a mental or physical condition.
What professions does the underlying impairment investigation cover?
Medicine, osteopathy, optometry, chiropractic, podiatry, clinical psychology, physical therapy, veterinary medicine, and physical therapist assistants.
Are there limits on this immunity?
Yes. It doesn’t apply if the act, utterance, or communication was made in bad faith or with malicious intent, or if the disclosure is prohibited by federal law or regulations promulgated under it.
What kinds of entities have to receive the report for this protection to attach?
Ones established under federal or state law, established by public or licensed private hospitals, or medical, chiropractic, optometric, veterinary, or clinical psychology societies operating an impairment program in cooperation with the relevant licensing board.
Does the immunity cover the practitioner under investigation, or the person reporting them?
The person reporting. It immunizes the informant, not the practitioner being investigated.
Amendment History
1986, c. 604; 1987, c. 713; 1989, c. 729; 1993, c. 702; 1996, cc. 937, 980.