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1995 SESSION
LD0623428Patrons--Reynolds, Almand, Davies, Forbes, Howell, Johnson and Murphy; Senators: Cross, Norment and Trumbo
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-399 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-399. Communications between physicians and patients.
A. Except at the request or with the consent of the patient, no duly
licensed practitioner of any branch of the healing arts No health
care provider as defined in § 8.01-581.1 shall be required to testify
in any civil action, respecting any information which he may have acquired in
attending, examining or treating the patient in a professional capacity.
B. Notwithstanding subsection A, when the physical or mental condition of
the patient is at issue in a civil action, facts communicated to, or
otherwise learned by, such practitioner in connection with such attendance,
examination or treatment shall be disclosed but only in discovery pursuant to
the Rules of Court or, through testimony at the trial
of the action or upon agreement of counsel.. 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
disclosure of facts communicated to, or otherwise learned by, such
practitioner shall occur if the court determines, upon the request of the
patient, that such facts are not relevant to the subject matter involved in
the pending action or do not appear to be reasonably calculated to lead to
the discovery of admissible evidence. In the event an agreement
cannot be reached by counsel for the parties, counsel for the defendant may
move the court for and the court may enter, for good cause shown, a discovery
order authorizing the health care providers who have treated the plaintiff to
discuss the facts and opinions of the treatment in the presence of counsel
for all parties.
C. This section shall not (i) be construed to repeal or otherwise affect the
provisions of § 65.2-607 relating to privileged communications between
physicians and surgeons health care providers and
employees under the Workers' Compensation Act or (ii) apply to information
communicated to any such practitioner health care
provider in an effort unlawfully to procure a narcotic drug, or
unlawfully to procure the administration of any such drug.
D. Neither a lawyer, nor anyone acting on the lawyer's behalf, shall
obtain, in connection with pending or threatened litigation, information from
a practitioner of any branch of the healing arts without the consent of the
patient except through discovery pursuant to the Rules of the Court as herein
provided.
E. A clinical psychologist duly licensed under the provisions of §
54.1-2940 shall be considered a practitioner of a branch of the healing arts
within the meaning of this section.
F. Nothing herein shall prevent a duly licensed practitioner
of the healing arts health care provider from disclosing any
information which he may have acquired in attending, examining or treating a
patient in a professional capacity where such disclosure is necessary in
connection with the care of the patient, the protection or enforcement of the
practitioner's legal rights of the health care provider or
his principal or both, including such rights with respect to
medical malpractice professional liability actions, or
the operations of a health care facility or health maintenance organization
or in order to comply with state or federal law.