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2007 SESSION
074295116Be 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 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.