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Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.5-11 of the Code of Virginia is amended and reenacted as follows:
§ 51.5-11. Central registry; information contained therein to be confidential.
A. The Department shall establish and maintain a central
registry of persons who sustain spinal cord injury, brain injury, or both,
other than through disease, whether or not permanent disability results, and
brain injury if permanent disability is likely to result, in order to
facilitate the provision of access to appropriate rehabilitation
services by the Department and other state agencies to for such
persons. The Department, in cooperation with organizations representing persons
with disabilities maintained by the central registry, shall establish and
pilot a mechanism which utilizes utilize the data maintained by the
central registry pursuant to this section to provide client identification,
follow-up and outreach; maintain accurate and up-to-date records
concerning the client's functional level and need for services; and facilitate
better analysis and utilization of to analyze and utilize such data
for effective program, policy and fiscal planning purposes.
B. Every hospital and attending physician shall report
to the Department Registry by the most expeditious means within thirty
30 days after identification of any person sustaining a brain or
spinal cord injury and within seven days after identification of any
person sustaining spinal cord injury. The report shall contain the name,
age and residence of the person, date and cause of the injury, and such
additional information as the Department may deem necessary.
C. Information contained in the registry concerning
individuals shall not be subject to the Virginia Freedom of Information Act (§
2.2-3700 et seq.) and shall be confidential except for purposes other
than those directly connected with the administration of programs under the
Department's jurisdiction or as required by other agencies of the Commonwealth.
Information needed for research purposes may be made available to an
organization or individual engaged in research only for purposes directly
connected with the administration of programs relating to persons with disabilities
brain or spinal cord injuries, including research for the development of
new knowledge or techniques which would be useful in the administration of
the program; however, the organization or individual must investigator
shall furnish satisfactory assurance that the information will be used
solely for the purpose for which it is provided, that it will not be released
to persons not connected with the study under consideration, and that the final
product of the research will not reveal any information that may serve to
identify any person about whom information has been obtained through the
Department without the written consent of the person, or his legally authorized
parent or guardian, and the Department of compliance with Chapter 5.1 (§
32.1-162.16 et seq.) of Title 32.1 and 45 C.F.R. 46.101 relating to conducting
research involving human subjects.