TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The Board of Medicine is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Medicine will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic (amending 18VAC85-20-27).
18VAC85-50. Regulations Governing the Practice of Physician Assistants (amending 18VAC85-50-175).
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Effective Date: August 4, 2010.
Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.
Summary:
This action amends the Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic and the Regulations Governing the Practice of Physician Assistants to include unauthorized use or disclosure of confidential information obtained from the Prescription Monitoring Program as grounds for disciplinary action. Such a provision is specified in § 54.1-2525 of the Code of Virginia but not specifically referenced in board regulations describing standards of practice.
18VAC85-20-27. Confidentiality.
A. A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.
B. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall be grounds for disciplinary action.
Part VI
Standards of Professional Conduct
18VAC85-50-175. Confidentiality.
A. A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.
B. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall be grounds for disciplinary action.
VA.R. Doc. No. R10-2448; Filed June 14, 2010, 11:35 a.m.