A. There is hereby created the Adult Fatality Review Team, hereinafterreferred to as the Team, which shall develop and implement procedures toensure that adult deaths occurring in the Commonwealth are analyzed in asystematic way. The Team shall review the death of any adult, as defined in §63.2-1603, (i) who was the subject of an adult protective servicesinvestigation, (ii) whose death was due to abuse or neglect or actssuggesting abuse or neglect, or (iii) whose death came under the jurisdictionof or was investigated by the Office of the Chief Medical Examiner pursuantto § 32.1-283. The Team shall not initiate an adult death review until theconclusion of any law-enforcement investigation or criminal prosecution.
B. The 17-member team shall consist of the following persons or theirdesignees: the Chief Medical Examiner; the Commissioner of Behavioral Healthand Developmental Services; the Commissioner of the Virginia Department forthe Aging; the Director of Adult Services/Adult Protective Services of theDepartment of Social Services; the Director of the Office of Licensure andCertification of the Department of Health; and the State Long-Term CareOmbudsman. In addition, the Governor shall appoint one representative fromeach of the following entities: a licensed funeral services provider, theMedical Society of Virginia, and local departments of social services,emergency medical services, attorneys for the Commonwealth, law-enforcementagencies, nurses specializing in geriatric care, psychiatrists specializingin geriatric care, and long-term care providers. The Team further shallinclude two members appointed by the Governor who are advocates for elderlyor disabled populations in Virginia. The Chief Medical Examiner shall serveas chair of the Team.
After the initial staggering of terms, members appointed by the Governorshall be appointed for a term of four years. Appointments to fill vacancies,other than by expiration of a term, shall be for the unexpired terms.Vacancies shall be filled in the same manner as the original appointments.All members may be reappointed. The Chief Medical Examiner shall serve termscoincident with his term in office.
C. Upon the request of the chair of the Team, made after the conclusion ofany law-enforcement investigation or prosecution, information and recordsregarding an adult whose death is being reviewed by the Team shall beinspected and copied by the chair or his designee, including but not limitedto any report of the circumstances of the event maintained by any state orlocal law-enforcement agency or medical examiner and information or recordson the adult maintained by any facility that provided services to the adult,by any social services agency, or by any court. Information, records, orreports maintained by any attorney for the Commonwealth shall be madeavailable for inspection and copying by the chair or his designee pursuant toprocedures that shall be developed by the Chief Medical Examiner and theCommonwealth Attorneys Services Council established by § 2.2-2617. Inaddition, a health care provider shall provide the Team, upon request, withaccess to the health and mental health records of (i) the adult whose deathis subject to review, without authorization; (ii) any adult relative of thedeceased, with authorization; and (iii) any minor child of the deceased, withthe authorization of the minor's parent or guardian. The chair of the Teamalso may copy and inspect the presentence report, prepared pursuant to §19.2-299, of any person convicted of a crime that led to the death of theadult who is the subject of review by the Team.
D. All information obtained or generated by the Team regarding a review shallbe confidential and excluded from the Virginia Freedom of Information Act (§2.2-3700 et seq.) pursuant to subdivision 9 of § 2.2-3705.5. Such informationshall not be subject to subpoena or discovery or be admissible in any civilor criminal proceeding. If available from other sources, however, suchinformation and records shall not be immune from subpoena, discovery, orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the Team during anadult death review. The Team shall compile all information collected during areview. The findings of the Team may be disclosed or published in statisticalor other form, but shall not identify any individuals.
E. All Team members and other persons attending closed Team meetings,including any persons presenting information or records on specificfatalities, shall execute a sworn statement to honor the confidentiality ofthe information, records, discussions, and opinions disclosed during meetingsat which the Team reviews a specific death. No Team member or other personwho participates in a review shall be required to make any statementregarding the review or any information collected during the review. Uponconclusion of a review, all information and records concerning the victim andthe family shall be shredded or otherwise destroyed in order to ensureconfidentiality. Violations of this subsection shall be punishable as a Class3 misdemeanor.
F. Upon notification of an adult death, any state or local government agencyor facility that provided services to the adult or maintained records on theadult or the adult's family shall retain the records for the longer of 12months or until such time as the Team has completed its review of the case.
G. The Team shall compile an annual report by October 1 of each year thatshall be made available to the Governor and the General Assembly. The annualreport shall include any policy, regulatory, or budgetary recommendationsdeveloped by the Team. Any statistical compilations prepared by the Teamshall be public record and shall not contain any personally identifyinginformation.
A. There is hereby created the Adult Fatality Review Team, hereinafterreferred to as the Team, which shall develop and implement procedures toensure that adult deaths occurring in the Commonwealth are analyzed in asystematic way. The Team shall review the death of any adult, as defined in §63.2-1603, (i) who was the subject of an adult protective servicesinvestigation, (ii) whose death was due to abuse or neglect or actssuggesting abuse or neglect, or (iii) whose death came under the jurisdictionof or was investigated by the Office of the Chief Medical Examiner pursuantto § 32.1-283. The Team shall not initiate an adult death review until theconclusion of any law-enforcement investigation or criminal prosecution.
B. The 17-member team shall consist of the following persons or theirdesignees: the Chief Medical Examiner; the Commissioner of Behavioral Healthand Developmental Services; the Commissioner of the Virginia Department forthe Aging; the Director of Adult Services/Adult Protective Services of theDepartment of Social Services; the Director of the Office of Licensure andCertification of the Department of Health; and the State Long-Term CareOmbudsman. In addition, the Governor shall appoint one representative fromeach of the following entities: a licensed funeral services provider, theMedical Society of Virginia, and local departments of social services,emergency medical services, attorneys for the Commonwealth, law-enforcementagencies, nurses specializing in geriatric care, psychiatrists specializingin geriatric care, and long-term care providers. The Team further shallinclude two members appointed by the Governor who are advocates for elderlyor disabled populations in Virginia. The Chief Medical Examiner shall serveas chair of the Team.
After the initial staggering of terms, members appointed by the Governorshall be appointed for a term of four years. Appointments to fill vacancies,other than by expiration of a term, shall be for the unexpired terms.Vacancies shall be filled in the same manner as the original appointments.All members may be reappointed. The Chief Medical Examiner shall serve termscoincident with his term in office.
C. Upon the request of the chair of the Team, made after the conclusion ofany law-enforcement investigation or prosecution, information and recordsregarding an adult whose death is being reviewed by the Team shall beinspected and copied by the chair or his designee, including but not limitedto any report of the circumstances of the event maintained by any state orlocal law-enforcement agency or medical examiner and information or recordson the adult maintained by any facility that provided services to the adult,by any social services agency, or by any court. Information, records, orreports maintained by any attorney for the Commonwealth shall be madeavailable for inspection and copying by the chair or his designee pursuant toprocedures that shall be developed by the Chief Medical Examiner and theCommonwealth Attorneys Services Council established by § 2.2-2617. Inaddition, a health care provider shall provide the Team, upon request, withaccess to the health and mental health records of (i) the adult whose deathis subject to review, without authorization; (ii) any adult relative of thedeceased, with authorization; and (iii) any minor child of the deceased, withthe authorization of the minor's parent or guardian. The chair of the Teamalso may copy and inspect the presentence report, prepared pursuant to §19.2-299, of any person convicted of a crime that led to the death of theadult who is the subject of review by the Team.
D. All information obtained or generated by the Team regarding a review shallbe confidential and excluded from the Virginia Freedom of Information Act (§2.2-3700 et seq.) pursuant to subdivision 9 of § 2.2-3705.5. Such informationshall not be subject to subpoena or discovery or be admissible in any civilor criminal proceeding. If available from other sources, however, suchinformation and records shall not be immune from subpoena, discovery, orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the Team during anadult death review. The Team shall compile all information collected during areview. The findings of the Team may be disclosed or published in statisticalor other form, but shall not identify any individuals.
E. All Team members and other persons attending closed Team meetings,including any persons presenting information or records on specificfatalities, shall execute a sworn statement to honor the confidentiality ofthe information, records, discussions, and opinions disclosed during meetingsat which the Team reviews a specific death. No Team member or other personwho participates in a review shall be required to make any statementregarding the review or any information collected during the review. Uponconclusion of a review, all information and records concerning the victim andthe family shall be shredded or otherwise destroyed in order to ensureconfidentiality. Violations of this subsection shall be punishable as a Class3 misdemeanor.
F. Upon notification of an adult death, any state or local government agencyor facility that provided services to the adult or maintained records on theadult or the adult's family shall retain the records for the longer of 12months or until such time as the Team has completed its review of the case.
G. The Team shall compile an annual report by October 1 of each year thatshall be made available to the Governor and the General Assembly. The annualreport shall include any policy, regulatory, or budgetary recommendationsdeveloped by the Team. Any statistical compilations prepared by the Teamshall be public record and shall not contain any personally identifyinginformation.
A. There is hereby created the Adult Fatality Review Team, hereinafterreferred to as the Team, which shall develop and implement procedures toensure that adult deaths occurring in the Commonwealth are analyzed in asystematic way. The Team shall review the death of any adult, as defined in §63.2-1603, (i) who was the subject of an adult protective servicesinvestigation, (ii) whose death was due to abuse or neglect or actssuggesting abuse or neglect, or (iii) whose death came under the jurisdictionof or was investigated by the Office of the Chief Medical Examiner pursuantto § 32.1-283. The Team shall not initiate an adult death review until theconclusion of any law-enforcement investigation or criminal prosecution.
B. The 17-member team shall consist of the following persons or theirdesignees: the Chief Medical Examiner; the Commissioner of Behavioral Healthand Developmental Services; the Commissioner of the Virginia Department forthe Aging; the Director of Adult Services/Adult Protective Services of theDepartment of Social Services; the Director of the Office of Licensure andCertification of the Department of Health; and the State Long-Term CareOmbudsman. In addition, the Governor shall appoint one representative fromeach of the following entities: a licensed funeral services provider, theMedical Society of Virginia, and local departments of social services,emergency medical services, attorneys for the Commonwealth, law-enforcementagencies, nurses specializing in geriatric care, psychiatrists specializingin geriatric care, and long-term care providers. The Team further shallinclude two members appointed by the Governor who are advocates for elderlyor disabled populations in Virginia. The Chief Medical Examiner shall serveas chair of the Team.
After the initial staggering of terms, members appointed by the Governorshall be appointed for a term of four years. Appointments to fill vacancies,other than by expiration of a term, shall be for the unexpired terms.Vacancies shall be filled in the same manner as the original appointments.All members may be reappointed. The Chief Medical Examiner shall serve termscoincident with his term in office.
C. Upon the request of the chair of the Team, made after the conclusion ofany law-enforcement investigation or prosecution, information and recordsregarding an adult whose death is being reviewed by the Team shall beinspected and copied by the chair or his designee, including but not limitedto any report of the circumstances of the event maintained by any state orlocal law-enforcement agency or medical examiner and information or recordson the adult maintained by any facility that provided services to the adult,by any social services agency, or by any court. Information, records, orreports maintained by any attorney for the Commonwealth shall be madeavailable for inspection and copying by the chair or his designee pursuant toprocedures that shall be developed by the Chief Medical Examiner and theCommonwealth Attorneys Services Council established by § 2.2-2617. Inaddition, a health care provider shall provide the Team, upon request, withaccess to the health and mental health records of (i) the adult whose deathis subject to review, without authorization; (ii) any adult relative of thedeceased, with authorization; and (iii) any minor child of the deceased, withthe authorization of the minor's parent or guardian. The chair of the Teamalso may copy and inspect the presentence report, prepared pursuant to §19.2-299, of any person convicted of a crime that led to the death of theadult who is the subject of review by the Team.
D. All information obtained or generated by the Team regarding a review shallbe confidential and excluded from the Virginia Freedom of Information Act (§2.2-3700 et seq.) pursuant to subdivision 9 of § 2.2-3705.5. Such informationshall not be subject to subpoena or discovery or be admissible in any civilor criminal proceeding. If available from other sources, however, suchinformation and records shall not be immune from subpoena, discovery, orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the Team during anadult death review. The Team shall compile all information collected during areview. The findings of the Team may be disclosed or published in statisticalor other form, but shall not identify any individuals.
E. All Team members and other persons attending closed Team meetings,including any persons presenting information or records on specificfatalities, shall execute a sworn statement to honor the confidentiality ofthe information, records, discussions, and opinions disclosed during meetingsat which the Team reviews a specific death. No Team member or other personwho participates in a review shall be required to make any statementregarding the review or any information collected during the review. Uponconclusion of a review, all information and records concerning the victim andthe family shall be shredded or otherwise destroyed in order to ensureconfidentiality. Violations of this subsection shall be punishable as a Class3 misdemeanor.
F. Upon notification of an adult death, any state or local government agencyor facility that provided services to the adult or maintained records on theadult or the adult's family shall retain the records for the longer of 12months or until such time as the Team has completed its review of the case.
G. The Team shall compile an annual report by October 1 of each year thatshall be made available to the Governor and the General Assembly. The annualreport shall include any policy, regulatory, or budgetary recommendationsdeveloped by the Team. Any statistical compilations prepared by the Teamshall be public record and shall not contain any personally identifyinginformation.
