§ 32.1-36. Reports by physicians and laboratory directors.
A. Every physician practicing in this Commonwealth who shall diagnose orreasonably suspect that any patient of his has any disease required by theBoard to be reported and every director of any laboratory doing business inthis Commonwealth that performs any test whose results indicate the presenceof any such disease shall make a report within such time and in such manneras may be prescribed by regulations of the Board. Any such report involving adisease that such physician or laboratory director has reason to believe maybe caused by exposure to an agent or substance that has been or may be usedas a weapon shall be reported directly to the Commissioner or his designeeusing an emergency response system maintained by the Department and operatedtwenty-four hours a day.
B. Any physician who diagnoses a venereal disease in a child twelve years ofage or under shall, in addition to the requirements of subsection A hereof,report the matter, in accordance with the provisions of § 63.2-1509, unlessthe physician reasonably believes that the infection was acquiredcongenitally or by a means other than sexual abuse.
C. Any physician practicing in this Commonwealth shall report to the localhealth department the identity of any patient of his who has tested positivefor exposure to human immunodeficiency virus as demonstrated by such test ortests as are approved by the Board for this purpose. However, there is noduty on the part of the physician to notify any third party other than thelocal health department of such test result, and a cause of action shall notarise from any failure to notify any other third party.
D. Upon investigation by the local health department of a patient reportedpursuant to subsection A, the Commissioner may, to the extent permitted bylaw, disclose the patient's identity and disease to the patient's employer ifthe Commissioner determines that (i) the patient's employmentresponsibilities require contact with the public and (ii) the nature of thepatient's disease and nature of contact with the public constitutes a threatto the public health.
The patient's identity and disease state shall be confidential as provided in§§ 32.1-36.1 and 32.1-41. Any unauthorized disclosure of reports madepursuant to this section shall be subject to the penalties of § 32.1-27.
E. Physicians and laboratory directors may voluntarily report additionalinformation at the request of the Department of Health for specialsurveillance or other epidemiological studies.
F. 1. Every laboratory located in this Commonwealth shall file a writtenreport with the Department of its inventory of dangerous microbes andpathogens on an annual basis. The laboratory shall supplement this reportupon any change in such inventory as prescribed by the Board or immediatelyif any microbes or pathogens cannot be accounted for within twenty-four hours.
2. Except as provided in this subsection, a report submitted pursuant to thissubsection shall be confidential and shall not be a public record pursuant tothe Freedom of Information Act (§ 2.2-3700 et seq.). The Department shallcooperate with and may share information submitted to it pursuant to thissubsection with the United States Centers for Disease Control and Prevention,and state and federal law-enforcement agencies in any investigation involvingthe release, theft or loss of a dangerous microbe or pathogen required to bereported under this subsection.
3. Any unauthorized disclosure of reports made pursuant to this subsectionshall be subject to the penalties of § 32.1-27.
(Code 1950, § 32-48; 1976, c. 628; 1979, c. 711; 1981, c. 282; 1988, c. 130;1989, c. 613; 1995, c. 534; 1997, c. 271; 2002, cc. 100, 768.)
§ 32.1-36. Reports by physicians and laboratory directors.
A. Every physician practicing in this Commonwealth who shall diagnose orreasonably suspect that any patient of his has any disease required by theBoard to be reported and every director of any laboratory doing business inthis Commonwealth that performs any test whose results indicate the presenceof any such disease shall make a report within such time and in such manneras may be prescribed by regulations of the Board. Any such report involving adisease that such physician or laboratory director has reason to believe maybe caused by exposure to an agent or substance that has been or may be usedas a weapon shall be reported directly to the Commissioner or his designeeusing an emergency response system maintained by the Department and operatedtwenty-four hours a day.
B. Any physician who diagnoses a venereal disease in a child twelve years ofage or under shall, in addition to the requirements of subsection A hereof,report the matter, in accordance with the provisions of § 63.2-1509, unlessthe physician reasonably believes that the infection was acquiredcongenitally or by a means other than sexual abuse.
C. Any physician practicing in this Commonwealth shall report to the localhealth department the identity of any patient of his who has tested positivefor exposure to human immunodeficiency virus as demonstrated by such test ortests as are approved by the Board for this purpose. However, there is noduty on the part of the physician to notify any third party other than thelocal health department of such test result, and a cause of action shall notarise from any failure to notify any other third party.
D. Upon investigation by the local health department of a patient reportedpursuant to subsection A, the Commissioner may, to the extent permitted bylaw, disclose the patient's identity and disease to the patient's employer ifthe Commissioner determines that (i) the patient's employmentresponsibilities require contact with the public and (ii) the nature of thepatient's disease and nature of contact with the public constitutes a threatto the public health.
The patient's identity and disease state shall be confidential as provided in§§ 32.1-36.1 and 32.1-41. Any unauthorized disclosure of reports madepursuant to this section shall be subject to the penalties of § 32.1-27.
E. Physicians and laboratory directors may voluntarily report additionalinformation at the request of the Department of Health for specialsurveillance or other epidemiological studies.
F. 1. Every laboratory located in this Commonwealth shall file a writtenreport with the Department of its inventory of dangerous microbes andpathogens on an annual basis. The laboratory shall supplement this reportupon any change in such inventory as prescribed by the Board or immediatelyif any microbes or pathogens cannot be accounted for within twenty-four hours.
2. Except as provided in this subsection, a report submitted pursuant to thissubsection shall be confidential and shall not be a public record pursuant tothe Freedom of Information Act (§ 2.2-3700 et seq.). The Department shallcooperate with and may share information submitted to it pursuant to thissubsection with the United States Centers for Disease Control and Prevention,and state and federal law-enforcement agencies in any investigation involvingthe release, theft or loss of a dangerous microbe or pathogen required to bereported under this subsection.
3. Any unauthorized disclosure of reports made pursuant to this subsectionshall be subject to the penalties of § 32.1-27.
(Code 1950, § 32-48; 1976, c. 628; 1979, c. 711; 1981, c. 282; 1988, c. 130;1989, c. 613; 1995, c. 534; 1997, c. 271; 2002, cc. 100, 768.)
§ 32.1-36. Reports by physicians and laboratory directors.
A. Every physician practicing in this Commonwealth who shall diagnose orreasonably suspect that any patient of his has any disease required by theBoard to be reported and every director of any laboratory doing business inthis Commonwealth that performs any test whose results indicate the presenceof any such disease shall make a report within such time and in such manneras may be prescribed by regulations of the Board. Any such report involving adisease that such physician or laboratory director has reason to believe maybe caused by exposure to an agent or substance that has been or may be usedas a weapon shall be reported directly to the Commissioner or his designeeusing an emergency response system maintained by the Department and operatedtwenty-four hours a day.
B. Any physician who diagnoses a venereal disease in a child twelve years ofage or under shall, in addition to the requirements of subsection A hereof,report the matter, in accordance with the provisions of § 63.2-1509, unlessthe physician reasonably believes that the infection was acquiredcongenitally or by a means other than sexual abuse.
C. Any physician practicing in this Commonwealth shall report to the localhealth department the identity of any patient of his who has tested positivefor exposure to human immunodeficiency virus as demonstrated by such test ortests as are approved by the Board for this purpose. However, there is noduty on the part of the physician to notify any third party other than thelocal health department of such test result, and a cause of action shall notarise from any failure to notify any other third party.
D. Upon investigation by the local health department of a patient reportedpursuant to subsection A, the Commissioner may, to the extent permitted bylaw, disclose the patient's identity and disease to the patient's employer ifthe Commissioner determines that (i) the patient's employmentresponsibilities require contact with the public and (ii) the nature of thepatient's disease and nature of contact with the public constitutes a threatto the public health.
The patient's identity and disease state shall be confidential as provided in§§ 32.1-36.1 and 32.1-41. Any unauthorized disclosure of reports madepursuant to this section shall be subject to the penalties of § 32.1-27.
E. Physicians and laboratory directors may voluntarily report additionalinformation at the request of the Department of Health for specialsurveillance or other epidemiological studies.
F. 1. Every laboratory located in this Commonwealth shall file a writtenreport with the Department of its inventory of dangerous microbes andpathogens on an annual basis. The laboratory shall supplement this reportupon any change in such inventory as prescribed by the Board or immediatelyif any microbes or pathogens cannot be accounted for within twenty-four hours.
2. Except as provided in this subsection, a report submitted pursuant to thissubsection shall be confidential and shall not be a public record pursuant tothe Freedom of Information Act (§ 2.2-3700 et seq.). The Department shallcooperate with and may share information submitted to it pursuant to thissubsection with the United States Centers for Disease Control and Prevention,and state and federal law-enforcement agencies in any investigation involvingthe release, theft or loss of a dangerous microbe or pathogen required to bereported under this subsection.
3. Any unauthorized disclosure of reports made pursuant to this subsectionshall be subject to the penalties of § 32.1-27.
(Code 1950, § 32-48; 1976, c. 628; 1979, c. 711; 1981, c. 282; 1988, c. 130;1989, c. 613; 1995, c. 534; 1997, c. 271; 2002, cc. 100, 768.)
