Bill Text: VA SB540 | 2020 | Regular Session | Engrossed
Bill Title: Health professionals; unprofessional conduct, reporting.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-03-10 - Governor: Acts of Assembly Chapter text (CHAP0230) [SB540 Detail]
Download: Virginia-2020-SB540-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §§54.1-2400.6 and 54.1-2909 of the Code of Virginia are amended and reenacted as follows:
§54.1-2400.6. Hospitals, other health care institutions, home health and hospice organizations, and assisted living facilities required to report disciplinary actions against and certain disorders of health professionals; immunity from liability; failure to report.
A. The chief executive officer and the chief of staff of every
hospital or other health care institution in the Commonwealth, the director of
every licensed home health or hospice organization, the director of every
accredited home health organization exempt from licensure, the administrator of
every licensed assisted living facility, and the administrator of every
provider licensed by the Department of Behavioral Health and Developmental
Services in the Commonwealth shall report within 30 days, except as provided in
subsection B subdivision 1, to the Director of the Department of
Health Professions, or in the case of a director of a home health or hospice
organization, to the Office of Licensure and Certification at the Department of
Health (the Office), the following information regarding any person (i)
licensed, certified, or registered by a health regulatory board or (ii) holding
a multistate licensure privilege to practice nursing or an applicant for
licensure, certification or registration unless exempted under subsection E:
1. Any information of which he may become aware in his
official capacity indicating a reasonable belief that such a health
professional is in need of treatment or has been committed or
voluntarily admitted as a patient, either at his institution or any other
health care institution, for treatment of substance abuse or a psychiatric
illness that may render the health professional a danger to himself, the public
or his patients. If such health care professional has been involuntarily
admitted as a patient, either in his own institution or any other health care
institution, for treatment of substance abuse or a psychiatric illness, the
report required by this section shall be made within five days of the date on which
the chief executive officer, chief of staff, director, or administrator [ leans
learns ] of the health care
professional's involuntary admission.
2. Any information of which he may become aware in his
official capacity indicating a reasonable belief, after reasonable
review and, if necessary, an investigation and or
consultation as needed with the appropriate internal boards or
committees authorized to impose disciplinary action on a health professional,
that there is a reasonable probability that such a health professional
may have engaged in unethical, fraudulent or unprofessional conduct as defined
by the pertinent licensing statutes and regulations. The report required under
this subdivision shall be submitted within 30 days of the date that the chief
executive officer, chief of staff, director, or administrator determines that
a such reasonable probability exists belief exists.
3. Any disciplinary proceeding begun by the institution, organization, facility, or provider as a result of conduct involving (i) intentional or negligent conduct that causes or is likely to cause injury to a patient or patients, (ii) professional ethics, (iii) professional incompetence, (iv) moral turpitude, or (v) substance abuse. The report required under this subdivision shall be submitted within 30 days of the date of written communication to the health professional notifying him of the initiation of a disciplinary proceeding.
4. Any disciplinary action taken during or at the conclusion of disciplinary proceedings or while under investigation, including but not limited to denial or termination of employment, denial or termination of privileges or restriction of privileges that results from conduct involving (i) intentional or negligent conduct that causes or is likely to cause injury to a patient or patients, (ii) professional ethics, (iii) professional incompetence, (iv) moral turpitude, or (v) substance abuse. The report required under this subdivision shall be submitted within 30 days of the date of written communication to the health professional notifying him of any disciplinary action.
5. The voluntary resignation from the staff of the health care institution, home health or hospice organization, assisted living facility, or provider, or voluntary restriction or expiration of privileges at the institution, organization, facility, or provider, of any health professional while such health professional is under investigation or is the subject of disciplinary proceedings taken or begun by the institution, organization, facility, or provider or a committee thereof for any reason related to possible intentional or negligent conduct that causes or is likely to cause injury to a patient or patients, medical incompetence, unprofessional conduct, moral turpitude, mental or physical impairment, or substance abuse.
Any report required by this section shall be in writing
directed to the Director of the Department of Health Professions or to the
Director of the Office of Licensure and Certification at the Department of
Health, shall give the name and, address, and date of birth
of the person who is the subject of the report and shall fully describe the
circumstances surrounding the facts required to be reported. The report shall
include the names and contact information of individuals with knowledge about
the facts required to be reported and the names and contact information of
individuals from whom the hospital or health care institution, organization,
facility, or provider sought information to substantiate the facts required to
be reported. All relevant medical records shall be attached to the report if
patient care or the health professional's health status is at issue. The
reporting hospital, health care institution, home health or hospice
organization, assisted living facility, or provider shall also provide notice
to the Department or the Office that it has submitted a report to the National
Practitioner Data Bank under the Health Care Quality Improvement Act (42 U.S.C.
§11101 et seq.). The reporting hospital, health care institution, home health
or hospice organization, assisted living facility, or provider shall give the
health professional who is the subject of the report an opportunity to review
the report. The health professional may submit a separate report if he
disagrees with the substance of the report.
This section shall not be construed to require the hospital, health care institution, home health or hospice organization, assisted living facility, or provider to submit any proceedings, minutes, records, or reports that are privileged under §8.01-581.17, except that the provisions of § 8.01-581.17 shall not bar (i) any report required by this section or (ii) any requested medical records that are necessary to investigate unprofessional conduct reported pursuant to this subtitle or unprofessional conduct that should have been reported pursuant to this subtitle. Under no circumstances shall compliance with this section be construed to waive or limit the privilege provided in §8.01-581.17. No person or entity shall be obligated to report any matter to the Department or the Office if the person or entity has actual notice that the same matter has already been reported to the Department or the Office.
B. Any report required by this section concerning the
commitment or admission of such health professional as a patient shall be made
within five days of when the chief executive officer, chief of staff, director,
or administrator learns of such commitment or admission.
C. The State Health Commissioner, Commissioner of
Social Services, and Commissioner of Behavioral Health and Developmental
Services shall report to the Department any information of which their agencies
may become aware in the course of their duties that a health professional may
be guilty of fraudulent, unethical, or unprofessional conduct as defined by the
pertinent licensing statutes and regulations. However, the State Health
Commissioner shall not be required to report information reported to the
Director of the Office of Licensure and Certification pursuant to this section
to the Department of Health Professions.
D. C. Any person making a report by this
section, providing information pursuant to an investigation or testifying in a
judicial or administrative proceeding as a result of such report shall be
immune from any civil liability alleged to have resulted therefrom unless such
person acted in bad faith or with malicious intent.
E. D. Medical records or information learned or
maintained in connection with an alcohol or drug prevention function that is
conducted, regulated, or directly or indirectly assisted by any department or
agency of the United States shall be exempt from the reporting requirements of
this section to the extent that such reporting is in violation of 42 U.S.C. §
290dd-2 or regulations adopted thereunder.
F. E. Any person who fails to make a report to
the Department as required by this section shall be subject to a civil penalty
not to exceed $25,000 assessed by the Director. The Director shall report the
assessment of such civil penalty to the Commissioner of Health, Commissioner of
Social Services, or Commissioner of Behavioral Health and Developmental
Services, as appropriate. Any person assessed a civil penalty pursuant to this
section shall not receive a license or certification or renewal of such unless such
penalty has been paid pursuant to §32.1-125.01. The Medical College of
Virginia Hospitals and the University of Virginia Hospitals shall not receive
certification pursuant to §32.1-137 or Article 1.1 (§32.1-102.1 et seq.) of
Chapter 4 of Title 32.1 unless such penalty has been paid.
§54.1-2909. Further reporting requirements; civil penalty; disciplinary action.
A. The following matters shall be reported within 30 days of their occurrence to the Board:
1. Any disciplinary action taken against a person licensed under this chapter in another state or in a federal health institution or voluntary surrender of a 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 this chapter; and
4. Any evidence that indicates a reasonable probability
belief that a person licensed under this chapter is or may be
professionally incompetent; has or may have engaged in intentional or
negligent conduct that causes or is likely to cause injury to a patient or
patients; has or may have engaged in unprofessional conduct; or may be
mentally or physically unable to engage safely in the practice of his
profession.
The reporting requirements set forth in this section shall be met if these matters are reported to the National Practitioner Data Bank under the Health Care Quality Improvement Act, 42 U.S.C. §11101 et seq., and notice that such a report has been submitted is provided to the Board.
B. The following persons and entities are subject to the reporting requirements set forth in this section:
1. Any person licensed under this chapter who is the subject of a disciplinary action, settlement, judgment or evidence for which reporting is required pursuant to this section;
2. Any other person licensed under this chapter, except as provided in the protocol agreement entered into by the Medical Society of Virginia and the Board for the Operation of the Impaired Physicians Program;
3. The presidents of all professional societies in the Commonwealth, and their component societies whose members are regulated by the Board, except as provided for in the protocol agreement entered into by the Medical Society of Virginia 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 a judgment 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 Board if the person or entity has actual notice that the matter has already been reported to the Board.
D. Any report required by this section shall be in writing
directed to the Board, shall give the name and address of the person who is the
subject of the report and shall describe the circumstances surrounding the
facts matter required to be reported. Under no circumstances shall
compliance with this section 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 information pursuant to an investigation or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability or criminal prosecution resulting therefrom unless such person acted in bad faith or with malicious intent.
F. The clerk of any circuit court or any district court in the Commonwealth shall report to the Board the conviction of any person known by such clerk to be licensed under this chapter of any (i) misdemeanor involving a controlled substance, marijuana or substance abuse or involving an act of moral turpitude or (ii) felony.
G. Any person who fails to make a report to the Board as required by this section shall be subject to a civil penalty not to exceed $5,000. The Director shall report the assessment of such civil penalty to the Commissioner of the Department of Health or the Commissioner of Insurance at the State Corporation Commission. Any person assessed a civil penalty pursuant to this section shall not receive a license, registration or certification or renewal of such unless such penalty has been paid.
H. Disciplinary action against any person licensed, registered or certified under this chapter shall be based upon the underlying conduct of the person and not upon the report of a settlement or judgment submitted under this section.
