A. All documentary and other evidence received or maintained by the Office orits agents in connection with specific complaints or investigations shall beconfidential and not subject to the provisions concerning disclosure ofpublic records under the Virginia Freedom of Information Act (§ 2.2-3700 etseq.). However, access to one's own records shall not be denied unlessotherwise prohibited by state or federal law. Records concerning closed casesshall be subject to the disclosure requirements of the Virginia Freedom ofInformation Act, but in a manner that does not identify any complainant orany person with mental illness, mental retardation, developmentaldisabilities or other disability, unless (i) such complainant or person orhis legal representative consents in writing to such identification or (ii)such identification is required by court order.
B. Communications between employees and agents of the Office and its clientsor prospective clients concerning specific complaints, investigations orcases shall be confidential.
C. Notwithstanding the provisions of this section, the Office shall bepermitted to:
1. Issue a public report of the results of an investigation of a foundedcomplaint that does not release the identity of any complainant or any personwith mental illness, mental retardation, developmental disabilities or otherdisability, unless (a) such complainant or person or his legal representativeconsents in writing to such disclosure or (b) such disclosure is required bycourt order; and
2. Report the results of an investigation to responsible investigative orenforcement agencies should an investigation reveal information concerningany hospital, facility or other entity, its staff or employees, warrantingpossible sanctions or corrective action. This information may be reported toagencies responsible for licensing or accreditation, employee discipline,employee licensing or certification or criminal prosecution.
A. All documentary and other evidence received or maintained by the Office orits agents in connection with specific complaints or investigations shall beconfidential and not subject to the provisions concerning disclosure ofpublic records under the Virginia Freedom of Information Act (§ 2.2-3700 etseq.). However, access to one's own records shall not be denied unlessotherwise prohibited by state or federal law. Records concerning closed casesshall be subject to the disclosure requirements of the Virginia Freedom ofInformation Act, but in a manner that does not identify any complainant orany person with mental illness, mental retardation, developmentaldisabilities or other disability, unless (i) such complainant or person orhis legal representative consents in writing to such identification or (ii)such identification is required by court order.
B. Communications between employees and agents of the Office and its clientsor prospective clients concerning specific complaints, investigations orcases shall be confidential.
C. Notwithstanding the provisions of this section, the Office shall bepermitted to:
1. Issue a public report of the results of an investigation of a foundedcomplaint that does not release the identity of any complainant or any personwith mental illness, mental retardation, developmental disabilities or otherdisability, unless (a) such complainant or person or his legal representativeconsents in writing to such disclosure or (b) such disclosure is required bycourt order; and
2. Report the results of an investigation to responsible investigative orenforcement agencies should an investigation reveal information concerningany hospital, facility or other entity, its staff or employees, warrantingpossible sanctions or corrective action. This information may be reported toagencies responsible for licensing or accreditation, employee discipline,employee licensing or certification or criminal prosecution.
A. All documentary and other evidence received or maintained by the Office orits agents in connection with specific complaints or investigations shall beconfidential and not subject to the provisions concerning disclosure ofpublic records under the Virginia Freedom of Information Act (§ 2.2-3700 etseq.). However, access to one's own records shall not be denied unlessotherwise prohibited by state or federal law. Records concerning closed casesshall be subject to the disclosure requirements of the Virginia Freedom ofInformation Act, but in a manner that does not identify any complainant orany person with mental illness, mental retardation, developmentaldisabilities or other disability, unless (i) such complainant or person orhis legal representative consents in writing to such identification or (ii)such identification is required by court order.
B. Communications between employees and agents of the Office and its clientsor prospective clients concerning specific complaints, investigations orcases shall be confidential.
C. Notwithstanding the provisions of this section, the Office shall bepermitted to:
1. Issue a public report of the results of an investigation of a foundedcomplaint that does not release the identity of any complainant or any personwith mental illness, mental retardation, developmental disabilities or otherdisability, unless (a) such complainant or person or his legal representativeconsents in writing to such disclosure or (b) such disclosure is required bycourt order; and
2. Report the results of an investigation to responsible investigative orenforcement agencies should an investigation reveal information concerningany hospital, facility or other entity, its staff or employees, warrantingpossible sanctions or corrective action. This information may be reported toagencies responsible for licensing or accreditation, employee discipline,employee licensing or certification or criminal prosecution.
