Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 21.1. Medical Malpractice » Article 2. Miscellaneous Provisions
Virginia Code

Va. Code Ann. § 8.01-581.16 (2026)

Civil immunity for members of or consultants to certain boards or committees

✓ current as of May 2026
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A. Every member of, or health care professional consultant to, any committee, board, group, commission or other entity shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his duties while serving as a member of or consultant to such committee, board, group, commission or other entity that functions primarily to review, evaluate, or make recommendations on (i) the duration of patient stays in health care facilities; (ii) the professional services furnished with respect to the medical, dental, psychological, podiatric, chiropractic, veterinary, or optometric necessity for such services; (iii) the purpose of promoting the most efficient use or monitoring the quality of care of available health care facilities and services, or of emergency medical services agencies and services; (iv) the adequacy or quality of professional services; (v) the competency and qualifications for professional staff privileges; (vi) the reasonableness or appropriateness of charges made by or on behalf of health care facilities; (vii) patient safety, including entering into contracts with patient safety organizations, provided that such committee, board, group, commission, or other entity has been established pursuant to federal or state law or regulation, the requirements of a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to assure compliance with Medicare conditions of participation pursuant to § 1865 of Title XVIII of the Social Security Act (42 U.S.C. § 1395bb), or guidelines approved or adopted by a statewide or local association representing health care providers licensed in the Commonwealth pursuant to clause (iii)(f) of subsection B of § 8.01-581.17, or established and duly constituted by one or more public or licensed private hospitals, health systems, community services boards, or behavioral health authorities, or with a governmental agency, and provided further that such act, decision, omission, or utterance is not done or made in bad faith or with malicious intent.

B. Every member of, or health care professional consultant to, any committee, board, group, commission, or other entity that functions primarily to (i) review, evaluate, or make recommendations on a professional program to address issues related to career fatigue and wellness or (ii) arrange for or provide outpatient health care related to career fatigue and wellness for (a) health care professionals licensed, registered, or certified by a board of the Department of Health Professions as enumerated by § 54.1-2503 or (b) students enrolled in a graduate school or professional program, the completion of which is a prerequisite for licensure, registration, or certification by a board of the Department of Health Professions, located in the Commonwealth, that is established or contracted for by a statewide association, that is exempt under 26 U.S.C. § 501(c)(6) of the Internal Revenue Code, and that primarily represents health care professionals licensed to practice dentistry, dental hygiene, medicine, or osteopathic medicine in multiple specialties, shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his duties while serving as a member of or consultant to such committee, board, group, commission, or other entity. No active participant in a professional program described in this subsection shall be employed or engaged by such professional program or have a financial ownership interest in such professional program.

Code 1950, § 8-654.9; 1976, c. 611; 1977, c. 617; 1981, c. 174; 1987, c. 713; 1989, c. 729; 1993, c. 702; 2001, c. 381; 2002, c. 675; 2006, c. 412; 2014, cc. 17, 320, 363; 2020, cc. 198, 1093; 2021, Sp. Sess. I, cc. 5, 243; 2024, cc. 96, 126; 2025, c. 183.

Notes of Decisions
Cited in 43 cases (1 in the last 5 years), 1986–2025 · leading case: Klarfeld v. Salsbury, 355 S.E.2d 319 (Va. 1987).
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Klarfeld v. Salsbury, 355 S.E.2d 319 (Va. 1987). · cites it 25× “17 read in conjunction with the provisions of Code § 8.01-581.16. We will italicize the pertinent parts of these statutes to highlight defendants' argument.”
Fuste v. Riverside Healthcare Ass'n, Inc., 575 S.E.2d 858 (Va. 2003). · cites it 2× “Similarly, Code §§ 8.01-581.16 and -581.19 provide immunity from civil liability only in the absence of bad faith or malicious intent.”
Riverside Hosp., Inc. v. Johnson, 636 S.E.2d 416 (Va. 2006). · cites it 2× “The deliberative process involving evaluation of patient safety conditions and the design of initiatives to improve the health care system both necessarily begin with factual information of patient care incidents occurring within the health care facility. The use of this factual…”
Stevens v. Lemmie, 40 Va. Cir. 499 (Petersburg Cir. Ct. 1996). · cites it 6× “Code § 8.01-581.16 defines relevant committees as any: *505 with functions primarily to review, evaluate, or make recommendations on (i) the duration of patient stays in health care facilities, (ii) the professional services furnished with respect to the medical, dental,…”
Francis v. McEntee, 10 Va. Cir. 126 (Henrico Cir. Ct. 1987). · cites it 4× “17 of the 1950 Code of Virginia, which provides in pertinent part: The proceedings, minutes, records, and reports of any medical staff committee, utilization review committee, or other committee as specified in § 8.01-581.16, together with all communications, both oral and…”
Bradburn v. Rockingham Mem'l Hosp., 45 Va. Cir. 356 (Rockingham Cir. Ct. 1998). · cites it 5× “The statutory provisions involved in this case are set forth in §§8.01-581.16 and 8.01-581.17 of the Code of Virginia.”
Johnson v. Roanoke Mem'l Hospitals, Inc., 9 Va. Cir. 196 (Roanoke County Cir. Ct. 1987). · cites it 3× “The defendant has resisted the production of these documents on the basis that they are privileged under the provisions of §§ 8.01-581.16 and 8.01-581.17 of the Code of Virginia, that they are not relevant, and that they could not reasonably lead to the discovery of admissible…”
Mangano v. Kavanaugh, 30 Va. Cir. 66 (Loudoun Cir. Ct. 1993). · cites it 4× “17 of the Virginia Code protects from the discovery process: The proceedings, minutes, records, and reports of any medical staff committee, utilization review committee, or other committee as specified in § 8.01-581.16, together with all com *67 munications, both oral and…”
Clements v. MCV Associated Physicians, 61 Va. Cir. 673 (2002). · cites it 4× “The Defendants claim a statutory privilege under Virginia Code §§ 8.01-581.16, 8.01-581.17 and 42 U.”
Auer v. Baker, 63 Va. Cir. 596 (Norfolk Cir. Ct. 2004). · cites it 4× “The Code sections which Sentara argues create a privilege for the policies and procedures are Va. Code Ann. §§ 8.01-581.16 and 8.01-581.”
Hedgepeth v. Jesudian, 15 Va. Cir. 352 (Richmond County Cir. Ct. 1989). · cites it 6× “Privilege provided under Sections 8.01-581.16 and 8.01-581.17 of the Code of Virginia.”
Huffman v. Beverly California Corp., 42 Va. Cir. 205 (Rockingham Cir. Ct. 1997). · cites it 2× “Defendants ’ Motion to Set Aside the Verdict as Based Upon Inadmissible Incident Reports Under Virginia Code § 8.01-581.16 and § 8.01-581.17 Throughout the extensive pretrial proceedings in this case, the Defendants had consistently taken the position that all incident reports…”
Show all 43 citing cases →
Va. Code Ann. § 8.01-581.16(i): 1 case
Eppard v. Kelly, 62 Va. Cir. 57 (Charlottesville Cir. Ct. 2003).
Va. Code Ann. § 8.01-581.16(vi): 1 case
Eppard v. Kelly, 62 Va. Cir. 57 (Charlottesville Cir. Ct. 2003).
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