STATUTE | ACTION
REQUIRED | DETAILS: | DEADLINE/
PENALTY/
IMMUNITY |
| |
| Abuse
or neglect of child:
Report required if you have "reason to suspect
that a child is an abused or neglected child," disclosing all information
which is the basis for the suspicion." Report may be oral; "records
or reports which document the basis for the report" may be requested.
| Report
to Department of Social Services (DSS) of the city or county wherein the child
resides, or wherein the abuse or neglect is believed to have occurred,
or to DSS toll-free child abuse and neglect hotline: 1-800-552-7096. If neither
locality is know, then report shall be made to the local DSS of the county or
city where the abuse or neglect was discovered, or to the hotline.
| Immediately:
Penalty applies if not reported within 72 hours of first suspicion.
Penalty:
Not more than $500 for the first failure and not less than $100 or more than $1000
for subsequent failures to report.
Immunity "unless it is
proven" that reporter acted in bad faith or with malicious intent.
(See
§ 63.2-1512) |
| Abuse
or neglect of aged or incapacitated adult:
Reporting required if you know
"matters giving reason to suspect abuse, neglect, or exploittion" unless
you have "actual knowledge that the same matter has already been reported."
Report may be "orally or in writing and shall disclose all information that
is the basis for the suspicion;" records my be requested | Report
to Department of Social Services (DSS) of county or city wherein the adult
resides or wherein the abuse, neglect, or exploitation is believed to have
occurred. If neither locality is known, then the report shall be made to the local
DSS of the county or city where the abuse, neglect, or exploitation was discovered.
| Immediately:
Penalty applies if not reported within 24 hours of first suspicion.
Penalty:
Not more than $500 for the first failure and not less than $100 or more than $1000
for subsequent failures to report.
Immunity "unless such
person acted in bad faith or with a malicious purpose."
(See §
63.2-1606 - E) |
| Threat
to harm third party: This "duty to warn/protect" statute
applies whenever a "client orally, in writing, or via sign language communicates
a specific and immediate threat to cause serious bodily injury or death to an
identified or readily identifiable person or persons." if the provider "reasonably
believes, or should believe according to the standards of his profession, that
the client has the intent and ability to carry out that threat immediately oir
imminently." (Applies only if threat is communicated while pactitioner is
"engaged in his professional duties.") | Actions
Which Fulfill This Legal Requirement:
1. Seek civil commitment;
2.
Make reasonable attempts to warn the potential victim(s) or the parent/guardian
if potential victim is under 18.
3. Make reasonable effoerts to notify
law enforcement official having jurisdiction in client's or potential victim's
place of work or place of residence; place of work or residence of minor victim's
parent/guardian, or both.
4. Take reasonably available steps to prevent
the client from using physical violence or other means of harm to others until
law-enforcement agency is summoned and takes custody of the client;
5.
Provide therapy/counseling in the session in which the threat was communicated
until providerreasonably believes the client no longer has intent or the ability
to carry out the threat.
| Immunity:
Provider "shall not be held civilly liable for:
1. Breaching
confidentiality with the limited purpose of protecting third parties by communicating
the threats described. . . .
2. Failing to predict, in the absence
of a threat as described . . . .
3. Failing to take precautions other
than those enumerated. . . . |
| If
mental health patient/client describes misconduct by a mental health care provider:
1. Advise patient of his/her right to report;
2. Provide
relevant information about making a report (e.g., by providing Health Regulatory
Boiard Complaint Hotline number (1-800-533-1560) or directions for filing complaints
as described on the Health Regulatory Board website;
3.
Document in patient's record the alleged misconduct, the category of licensure,
and approximate dates of treatment with that provider.
|
(NOTE:
This statute does not require providers to report. Instead, it requires
providers to INFORM PATIENT HOW TO REPORT provider misconduct, and to document
as described. This statute applies , whether or not the provider will be making
a report [e.g., as legally required by statutes described on this page;
or as legally required by licensing board regulations (see
chart ); or if reporting voluntarily with the patient's consent if
no report is legally required.)
| Timing:
"upon learning of evidence that indicates a reasonable probability that another
mental health provider is or may be guilty of a violation of standards of conduct
as defined in statute or regulation"
Penalty:civil penalty
not to exceed $100.
Immunity "unless acted in bad faith
or with malicious intent." |
| §
54.1-2400.6 | Mental
Health Care Provider
in psychiatric hospitalization:
Chief of staff
of hospitals must report if a health professional is in need of treatment or is
committed or admitted as a psychiatric patient, or undergoes disciplinary
action by hospital for unprofessional conduct.
| Report
must be sent in writing to the Director of the Dept. of Health Professions, giving
the name and address of the person who is the subject of the report and shall
fully describe the circumstances surrounding the facts required to be reported.
| Timing:
within 5 days.
Penalty: civil penalty not to exceed $25,000.
Immunity unless reporter "acted in bad faith or with malicious
intent." |
| Mental
Health Care Provider is in therapy: Any licensed provider who treats another
licensed provider for "mental disorders, chemical dependency or alcoholism"
must report to the Director of the Department of Health Professions that the provider
is in treatment unless "the attending practitioner has determined
that there is a reasonable probability that the person being treated is competent
to continue in practice or would not constitute danger to himself or to the health
and welfare of his patients or the public." |
(NOTE:
This statute requires the treating provider to make this assessment; but
it requires no report that the licensed provider is in treatment if the
treating provider determines that there are no issues of competence or danger
to self or to the public.)
| Immunity
unless reporter "acted in bad faith or with malicious intent." |
| Unprofessional
conduct reports required by
Board of Medicine licensees | See
separate chart
| |
For
Licensing Board Regulations requiring reports of provider misconduct, see
separate chart
Also see:
Legal Immunity granted whether reporting about a provider was legally-required
or voluntary. |