§ 8.01-399. Communications between physicians and patients.
A. Except at the request or with the consent of the patient, or as providedin this section, no duly licensed practitioner of any branch of the healingarts shall be permitted to testify in any civil action, respecting anyinformation that he may have acquired in attending, examining or treating thepatient in a professional capacity.
B. If the physical or mental condition of the patient is at issue in a civilaction, the diagnoses, signs and symptoms, observations, evaluations,histories, or treatment plan of the practitioner, obtained or formulated ascontemporaneously documented during the course of the practitioner'streatment, together with the facts communicated to, or otherwise learned by,such practitioner in connection with such attendance, examination ortreatment shall be disclosed but only in discovery pursuant to the Rules ofCourt or through testimony at the trial of the action. In addition,disclosure may be ordered when a court, in the exercise of sound discretion,deems it necessary to the proper administration of justice. However, no ordershall be entered compelling a party to sign a release for medical recordsfrom a health care provider unless the health care provider is not located inthe Commonwealth or is a federal facility. If an order is issued pursuant tothis section, it shall be restricted to the medical records that relate tothe physical or mental conditions at issue in the case. No disclosure ofdiagnosis or treatment plan facts communicated to, or otherwise learned by,such practitioner shall occur if the court determines, upon the request ofthe patient, that such facts are not relevant to the subject matter involvedin the pending action or do not appear to be reasonably calculated to lead tothe discovery of admissible evidence. Only diagnosis offered to a reasonabledegree of medical probability shall be admissible at trial.
C. This section shall not (i) be construed to repeal or otherwise affect theprovisions of § 65.2-607 relating to privileged communications betweenphysicians and surgeons and employees under the Workers' Compensation Act;(ii) apply to information communicated to any such practitioner in an effortunlawfully to procure a narcotic drug, or unlawfully to procure theadministration of any such drug; or (iii) prohibit a duly licensedpractitioner of the healing arts, or his agents, from disclosing informationas required by state or federal law.
D. Neither a lawyer nor anyone acting on the lawyer's behalf shall obtain, inconnection with pending or threatened litigation, information concerning apatient from a practitioner of any branch of the healing arts without theconsent of the patient, except through discovery pursuant to the Rules ofSupreme Court as herein provided. However, the prohibition of this subsectionshall not apply to:
1. Communication between a lawyer retained to represent a practitioner of thehealing arts, or that lawyer's agent, and that practitioner's employers,partners, agents, servants, employees, co-employees or others for whom, atlaw, the practitioner is or may be liable or who, at law, are or may beliable for the practitioner's acts or omissions;
2. Information about a patient provided to a lawyer or his agent by apractitioner of the healing arts employed by that lawyer to examine orevaluate the patient in accordance with Rule 4:10 of the Rules of SupremeCourt; or
3. Contact between a lawyer or his agent and a nonphysician employee or agentof a practitioner of healing arts for any of the following purposes: (i)scheduling appearances, (ii) requesting a written recitation by thepractitioner of handwritten records obtained by the lawyer or his agent fromthe practitioner, provided the request is made in writing and, if litigationis pending, a copy of the request and the practitioner's response is providedsimultaneously to the patient or his attorney, (iii) obtaining informationnecessary to obtain service upon the practitioner in pending litigation, (iv)determining when records summoned will be provided by the practitioner or hisagent, (v) determining what patient records the practitioner possesses inorder to summons records in pending litigation, (vi) explaining any summonsthat the lawyer or his agent caused to be issued and served on thepractitioner, (vii) verifying dates the practitioner treated the patient,provided that if litigation is pending the information obtained by the lawyeror his agent is promptly given, in writing, to the patient or his attorney,(viii) determining charges by the practitioner for appearance at a depositionor to testify before any tribunal or administrative body, or (ix) providingto or obtaining from the practitioner directions to a place to which he is orwill be summoned to give testimony.
E. A clinical psychologist duly licensed under the provisions of Chapter 36(§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of abranch of the healing arts within the meaning of this section.
F. Nothing herein shall prevent a duly licensed practitioner of the healingarts, or his agents, from disclosing any information that he may haveacquired in attending, examining or treating a patient in a professionalcapacity where such disclosure is necessary in connection with the care ofthe patient, the protection or enforcement of a practitioner's legal rightsincluding such rights with respect to medical malpractice actions, or theoperations of a health care facility or health maintenance organization or inorder to comply with state or federal law.
(Code 1950, § 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993, c.556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649,692; 2009, c. 714.)
§ 8.01-399. Communications between physicians and patients.
A. Except at the request or with the consent of the patient, or as providedin this section, no duly licensed practitioner of any branch of the healingarts shall be permitted to testify in any civil action, respecting anyinformation that he may have acquired in attending, examining or treating thepatient in a professional capacity.
B. If the physical or mental condition of the patient is at issue in a civilaction, the diagnoses, signs and symptoms, observations, evaluations,histories, or treatment plan of the practitioner, obtained or formulated ascontemporaneously documented during the course of the practitioner'streatment, together with the facts communicated to, or otherwise learned by,such practitioner in connection with such attendance, examination ortreatment shall be disclosed but only in discovery pursuant to the Rules ofCourt or through testimony at the trial of the action. In addition,disclosure may be ordered when a court, in the exercise of sound discretion,deems it necessary to the proper administration of justice. However, no ordershall be entered compelling a party to sign a release for medical recordsfrom a health care provider unless the health care provider is not located inthe Commonwealth or is a federal facility. If an order is issued pursuant tothis section, it shall be restricted to the medical records that relate tothe physical or mental conditions at issue in the case. No disclosure ofdiagnosis or treatment plan facts communicated to, or otherwise learned by,such practitioner shall occur if the court determines, upon the request ofthe patient, that such facts are not relevant to the subject matter involvedin the pending action or do not appear to be reasonably calculated to lead tothe discovery of admissible evidence. Only diagnosis offered to a reasonabledegree of medical probability shall be admissible at trial.
C. This section shall not (i) be construed to repeal or otherwise affect theprovisions of § 65.2-607 relating to privileged communications betweenphysicians and surgeons and employees under the Workers' Compensation Act;(ii) apply to information communicated to any such practitioner in an effortunlawfully to procure a narcotic drug, or unlawfully to procure theadministration of any such drug; or (iii) prohibit a duly licensedpractitioner of the healing arts, or his agents, from disclosing informationas required by state or federal law.
D. Neither a lawyer nor anyone acting on the lawyer's behalf shall obtain, inconnection with pending or threatened litigation, information concerning apatient from a practitioner of any branch of the healing arts without theconsent of the patient, except through discovery pursuant to the Rules ofSupreme Court as herein provided. However, the prohibition of this subsectionshall not apply to:
1. Communication between a lawyer retained to represent a practitioner of thehealing arts, or that lawyer's agent, and that practitioner's employers,partners, agents, servants, employees, co-employees or others for whom, atlaw, the practitioner is or may be liable or who, at law, are or may beliable for the practitioner's acts or omissions;
2. Information about a patient provided to a lawyer or his agent by apractitioner of the healing arts employed by that lawyer to examine orevaluate the patient in accordance with Rule 4:10 of the Rules of SupremeCourt; or
3. Contact between a lawyer or his agent and a nonphysician employee or agentof a practitioner of healing arts for any of the following purposes: (i)scheduling appearances, (ii) requesting a written recitation by thepractitioner of handwritten records obtained by the lawyer or his agent fromthe practitioner, provided the request is made in writing and, if litigationis pending, a copy of the request and the practitioner's response is providedsimultaneously to the patient or his attorney, (iii) obtaining informationnecessary to obtain service upon the practitioner in pending litigation, (iv)determining when records summoned will be provided by the practitioner or hisagent, (v) determining what patient records the practitioner possesses inorder to summons records in pending litigation, (vi) explaining any summonsthat the lawyer or his agent caused to be issued and served on thepractitioner, (vii) verifying dates the practitioner treated the patient,provided that if litigation is pending the information obtained by the lawyeror his agent is promptly given, in writing, to the patient or his attorney,(viii) determining charges by the practitioner for appearance at a depositionor to testify before any tribunal or administrative body, or (ix) providingto or obtaining from the practitioner directions to a place to which he is orwill be summoned to give testimony.
E. A clinical psychologist duly licensed under the provisions of Chapter 36(§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of abranch of the healing arts within the meaning of this section.
F. Nothing herein shall prevent a duly licensed practitioner of the healingarts, or his agents, from disclosing any information that he may haveacquired in attending, examining or treating a patient in a professionalcapacity where such disclosure is necessary in connection with the care ofthe patient, the protection or enforcement of a practitioner's legal rightsincluding such rights with respect to medical malpractice actions, or theoperations of a health care facility or health maintenance organization or inorder to comply with state or federal law.
(Code 1950, § 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993, c.556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649,692; 2009, c. 714.)
§ 8.01-399. Communications between physicians and patients.
A. Except at the request or with the consent of the patient, or as providedin this section, no duly licensed practitioner of any branch of the healingarts shall be permitted to testify in any civil action, respecting anyinformation that he may have acquired in attending, examining or treating thepatient in a professional capacity.
B. If the physical or mental condition of the patient is at issue in a civilaction, the diagnoses, signs and symptoms, observations, evaluations,histories, or treatment plan of the practitioner, obtained or formulated ascontemporaneously documented during the course of the practitioner'streatment, together with the facts communicated to, or otherwise learned by,such practitioner in connection with such attendance, examination ortreatment shall be disclosed but only in discovery pursuant to the Rules ofCourt or through testimony at the trial of the action. In addition,disclosure may be ordered when a court, in the exercise of sound discretion,deems it necessary to the proper administration of justice. However, no ordershall be entered compelling a party to sign a release for medical recordsfrom a health care provider unless the health care provider is not located inthe Commonwealth or is a federal facility. If an order is issued pursuant tothis section, it shall be restricted to the medical records that relate tothe physical or mental conditions at issue in the case. No disclosure ofdiagnosis or treatment plan facts communicated to, or otherwise learned by,such practitioner shall occur if the court determines, upon the request ofthe patient, that such facts are not relevant to the subject matter involvedin the pending action or do not appear to be reasonably calculated to lead tothe discovery of admissible evidence. Only diagnosis offered to a reasonabledegree of medical probability shall be admissible at trial.
C. This section shall not (i) be construed to repeal or otherwise affect theprovisions of § 65.2-607 relating to privileged communications betweenphysicians and surgeons and employees under the Workers' Compensation Act;(ii) apply to information communicated to any such practitioner in an effortunlawfully to procure a narcotic drug, or unlawfully to procure theadministration of any such drug; or (iii) prohibit a duly licensedpractitioner of the healing arts, or his agents, from disclosing informationas required by state or federal law.
D. Neither a lawyer nor anyone acting on the lawyer's behalf shall obtain, inconnection with pending or threatened litigation, information concerning apatient from a practitioner of any branch of the healing arts without theconsent of the patient, except through discovery pursuant to the Rules ofSupreme Court as herein provided. However, the prohibition of this subsectionshall not apply to:
1. Communication between a lawyer retained to represent a practitioner of thehealing arts, or that lawyer's agent, and that practitioner's employers,partners, agents, servants, employees, co-employees or others for whom, atlaw, the practitioner is or may be liable or who, at law, are or may beliable for the practitioner's acts or omissions;
2. Information about a patient provided to a lawyer or his agent by apractitioner of the healing arts employed by that lawyer to examine orevaluate the patient in accordance with Rule 4:10 of the Rules of SupremeCourt; or
3. Contact between a lawyer or his agent and a nonphysician employee or agentof a practitioner of healing arts for any of the following purposes: (i)scheduling appearances, (ii) requesting a written recitation by thepractitioner of handwritten records obtained by the lawyer or his agent fromthe practitioner, provided the request is made in writing and, if litigationis pending, a copy of the request and the practitioner's response is providedsimultaneously to the patient or his attorney, (iii) obtaining informationnecessary to obtain service upon the practitioner in pending litigation, (iv)determining when records summoned will be provided by the practitioner or hisagent, (v) determining what patient records the practitioner possesses inorder to summons records in pending litigation, (vi) explaining any summonsthat the lawyer or his agent caused to be issued and served on thepractitioner, (vii) verifying dates the practitioner treated the patient,provided that if litigation is pending the information obtained by the lawyeror his agent is promptly given, in writing, to the patient or his attorney,(viii) determining charges by the practitioner for appearance at a depositionor to testify before any tribunal or administrative body, or (ix) providingto or obtaining from the practitioner directions to a place to which he is orwill be summoned to give testimony.
E. A clinical psychologist duly licensed under the provisions of Chapter 36(§ 54.1-3600 et seq.) of Title 54.1 shall be considered a practitioner of abranch of the healing arts within the meaning of this section.
F. Nothing herein shall prevent a duly licensed practitioner of the healingarts, or his agents, from disclosing any information that he may haveacquired in attending, examining or treating a patient in a professionalcapacity where such disclosure is necessary in connection with the care ofthe patient, the protection or enforcement of a practitioner's legal rightsincluding such rights with respect to medical malpractice actions, or theoperations of a health care facility or health maintenance organization or inorder to comply with state or federal law.
(Code 1950, § 8-289.1; 1956, c. 446; 1966, c. 673; 1977, c. 617; 1993, c.556; 1996, cc. 937, 980; 1998, c. 314; 2002, cc. 308, 723; 2005, cc. 649,692; 2009, c. 714.)
