RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceAnyone who reports a licensed practitioner’s possible impairment from substance use or a mental or physical condition to a qualifying investigative committee is immune from civil liability for that report, unless made in bad faith or with malicious intent, or unless federal law bars the disclosure.

Full Text of § 8.01-581.19:1

Text size

Any person who provides information to any committee, board, group, commission, or other entity which is authorized to investigate any complaint of physical or mental impairment, that may show that any practitioner of medicine, osteopathy, optometry, chiropractic, podiatry, clinical psychology, physical therapy, veterinary medicine or any physical therapist assistant is unable to practice his profession with reasonable skill and safety, by reason of the use of alcohol, drugs, or other substances, or as a result of any mental or physical condition, shall be immune from civil liability for any act done for, or any utterance or communication made to, such entity in the course of providing such information. However, this section shall not apply if the act, utterance, or communication is done or made in bad faith or with malicious intent or if such disclosure is prohibited by federal law or regulations promulgated thereunder.
The provisions of this section shall apply only to such entities described in this section as are (i) established pursuant to a federal or state law, (ii) established and duly constituted by one or more public or licensed private hospitals, (iii) a medical or chiropractic society that is operating its health care provider impairment program in cooperation with the Board of Medicine, or another governmental agency, (iv) an optometric society or association that is operating its optometric impairment program in cooperation with the Virginia Board of Optometry, (v) a veterinary medical association that is operating its veterinarian impairment program in cooperation with the Virginia Board of Veterinary Medicine, or (vi) a clinical psychology academy that is operating its clinical psychology impairment program in cooperation with the Board of Psychology.

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.

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
Also known as: virginia impaired practitioner report immunityreporting an impaired physician immunity virginiaimpairment committee informant immunity virginia