{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/32.1-38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/32.1-38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/32.1-38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/32.1-38.html"}],"law_id":359600,"edition_id":2,"section_id":359600,"structure_id":51425,"section_number":"32.1-38","catch_line":"Immunity from liability","history":"Code 1950, \u00a7 32-48; 1976, c. 628; 1979, c. 711; 1988, c. 130; 1990, c. 777; 1997, c. 271; 2002, c. 768.","full_text":"Any person making a report or disclosure required or authorized by this chapter, including any voluntary reports submitted at the request of the Department of Health for special surveillance or other epidemiological studies, shall be immune from civil liability or criminal penalty connected therewith unless such person acted with gross negligence or malicious intent. Further, except for such reporting requirements as may be established in this chapter or by any regulation promulgated pursuant thereto, there shall be no duty on the part of any blood collection agency or tissue bank to notify any other person of any reported test results, and a cause of action shall not arise from any failure by such entities to notify others. Neither the Commissioner nor any local health director shall disclose to the public the name of any person reported or the name of any person making a report pursuant to this chapter. No person making a report required or authorized by this chapter shall be responsible for recognizing agents or suspecting the presence of any conditions beyond the competence of a reasonable person practicing his profession; however, any such person shall be immune as provided in this section when making reports in good faith without gross negligence and within the usual scope of his practice.\n\n","order_by":null,"text":{"0":{"id":1338058,"text":"Any person making a report or disclosure required or authorized by this chapter, including any voluntary reports submitted at the request of the Department of Health for special surveillance or other epidemiological studies, shall be immune from civil liability or criminal penalty connected therewith unless such person acted with gross negligence or malicious intent. Further, except for such reporting requirements as may be established in this chapter or by any regulation promulgated pursuant thereto, there shall be no duty on the part of any blood collection agency or tissue bank to notify any other person of any reported test results, and a cause of action shall not arise from any failure by such entities to notify others. Neither the Commissioner nor any local health director shall disclose to the public the name of any person reported or the name of any person making a report pursuant to this chapter. No person making a report required or authorized by this chapter shall be responsible for recognizing agents or suspecting the presence of any conditions beyond the competence of a reasonable person practicing his profession; however, any such person shall be immune as provided in this section when making reports in good faith without gross negligence and within the usual scope of his practice.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51425,"edition_id":2,"name":"Reporting of Diseases","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51424,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:42:20","date_modified":"2026-08-02 12:32:13","permalink":{"id":1428747,"object_type":"structure","relational_id":51425,"identifier":"1","token":"32.1\/2\/1","url":"\/32.1\/2\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51424,"edition_id":2,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":2,"parent_id":51343,"metadata":{"child_laws":126,"child_structures":32},"date_created":"2026-08-02 02:42:20","date_modified":"2026-08-02 12:32:13","permalink":{"id":1428745,"object_type":"structure","relational_id":51424,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51343,"edition_id":2,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":75,"parent_id":null,"metadata":{"child_laws":857,"child_structures":128},"date_created":"2026-08-02 02:40:53","date_modified":"2026-08-02 12:32:12","permalink":{"id":1428101,"object_type":"structure","relational_id":51343,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359559,"structure_id":51425,"section_number":"32.1-35","catch_line":"List and reports of diseases and dangerous microbes and pathogens","url":"\/32.1-35\/","token":"32.1\/2\/1\/32.1-35","metadata":false},{"id":359558,"structure_id":51425,"section_number":"32.1-35.1","catch_line":"Information on health care-associated infections","url":"\/32.1-35.1\/","token":"32.1\/2\/1\/32.1-35.1","metadata":false},{"id":359578,"structure_id":51425,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","url":"\/32.1-36\/","token":"32.1\/2\/1\/32.1-36","metadata":false},{"id":359577,"structure_id":51425,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","url":"\/32.1-36.1\/","token":"32.1\/2\/1\/32.1-36.1","metadata":false},{"id":359593,"structure_id":51425,"section_number":"32.1-37","catch_line":"Reports by persons other than physicians","url":"\/32.1-37\/","token":"32.1\/2\/1\/32.1-37","metadata":false},{"id":359590,"structure_id":51425,"section_number":"32.1-37.01","catch_line":"Posting of information about cases of communicable disease of public health threat","url":"\/32.1-37.01\/","token":"32.1\/2\/1\/32.1-37.01","metadata":false},{"id":359591,"structure_id":51425,"section_number":"32.1-37.1","catch_line":"Report of diseases infecting dead human bodies","url":"\/32.1-37.1\/","token":"32.1\/2\/1\/32.1-37.1","metadata":false},{"id":359592,"structure_id":51425,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","url":"\/32.1-37.2\/","token":"32.1\/2\/1\/32.1-37.2","metadata":false},{"id":359600,"structure_id":51425,"section_number":"32.1-38","catch_line":"Immunity from liability","url":"\/32.1-38\/","token":"32.1\/2\/1\/32.1-38","metadata":false}],"previous_section":{"id":359592,"structure_id":51425,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","url":"\/32.1-37.2\/","token":"32.1\/2\/1\/32.1-37.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-38\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 628; in 1979, chapter 711; in 1988, chapter 130; in 1990, chapter 777; in 1997, chapter 271<\/a>; in 2002, chapter 768<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1428781,"object_type":"law","relational_id":359600,"identifier":"32.1-38","token":"32.1\/2\/1\/32.1-38","url":"\/32.1-38\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/32.1-38\/","token":"32.1\/2\/1\/32.1-38","dublin_core":{"Title":"Immunity from liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person<\/span> making a report or disclosure required or authorized by this chapter, including any voluntary reports submitted at the request of the Department<\/span> of Health for special surveillance or other epidemiological studies, shall be immune from civil liability or criminal penalty<\/span> connected therewith unless such person<\/span> acted with gross negligence<\/span> or malicious<\/span> intent<\/span>. Further, except for such reporting requirements as may be established in this chapter or by any regulation promulgated pursuant thereto, there shall be no duty on the part of any blood collection agency or tissue bank to notify any other person<\/span> of any reported test results, and a cause of action<\/span> shall not arise from any failure by such entities to notify others. Neither the Commissioner<\/span> nor any local health director shall disclose to the public the name of any person<\/span> reported or the name of any person<\/span> making a report pursuant to this chapter. No person<\/span> making a report required or authorized by this chapter shall be responsible for recognizing agents or suspecting the presence of any conditions beyond the competence of a reasonable person<\/span> practicing his profession; however, any such person<\/span> shall be immune as provided in this section when making reports in good faith without gross negligence<\/span> and within the usual scope of his practice.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITY FROM LIABILITY (\u00a7 32.1-38)\n\nAny person making a report or disclosure required or authorized by this chapter,\nincluding any voluntary reports submitted at the request of the Department of\nHealth for special surveillance or other epidemiological studies, shall be\nimmune from civil liability or criminal penalty connected therewith unless such\nperson acted with gross negligence or malicious intent. Further, except for such\nreporting requirements as may be established in this chapter or by any\nregulation promulgated pursuant thereto, there shall be no duty on the part of\nany blood collection agency or tissue bank to notify any other person of any\nreported test results, and a cause of action shall not arise from any failure by\nsuch entities to notify others. Neither the Commissioner nor any local health\ndirector shall disclose to the public the name of any person reported or the\nname of any person making a report pursuant to this chapter. No person making a\nreport required or authorized by this chapter shall be responsible for\nrecognizing agents or suspecting the presence of any conditions beyond the\ncompetence of a reasonable person practicing his profession; however, any such\nperson shall be immune as provided in this section when making reports in good\nfaith without gross negligence and within the usual scope of his practice.\n\nHISTORY: Code 1950, \u00a7 32-48; 1976, c. 628; 1979, c. 711; 1988, c. 130; 1990, c.\n777; 1997, c. 271; 2002, c. 768.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}