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2001 SESSION

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000310844
HOUSE BILL NO. 604 Offered January 20, 2000 A BILL to amend and reenact § 32.1-41 of the Code of Virginia, relating to confidentiality of health records. ---------- Patrons-- McQuigg; Senator: Mims ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That § 32.1-41 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records.

The Commissioner or his designee shall preserve the anonymity of each patient and practitioner of the healing arts whose records are examined pursuant to § 32.1-40 except that the Commissioner, in his sole discretion, may divulge the identity of such patients with communicable diseases as defined in §32.1-48.01 and the practitioners of such patients if pertinent to an investigation, research or study. The Commissioner or his designee shall not divulge the identity of any patients with noncommunicable diseases if pertinent to an investigation, research or study without (i) the written consent of the patient or the patient's agent or guardian or (ii) a court order. Any person to whom such identities are divulged shall preserve their anonymity.