Be it enacted by the General Assembly of Virginia:
1. That §32.1-116.1 of the Code of Virginia is amended and reenacted as follows:
§32.1-116.1. Prehospital patient care reporting procedure; trauma registry; confidentiality.
A. In order to collect data on the incidence, severity and cause of trauma, integrate the information available from other state agencies on trauma and improve the delivery of prehospital and hospital emergency medical services, there is hereby established the Emergency Medical Services Patient Care Information System. The Emergency Medical Services Patient Care Information System shall include the Virginia Emergency Medical Services (EMS) Registry and the Virginia Statewide Trauma Registry.
B. All licensed emergency medical services agencies shall participate in the Virginia EMS Registry by making available to the Commissioner or his designees the minimum data set in the format prescribed by the Board or any other format which contain equivalent information and meets any technical specifications of the Board. The minimum data set shall include, but not be limited to, the type of medical emergency or nature of the call, the response time, the treatment provided and other items as prescribed by the Board.
Each licensed emergency medical services agency shall, upon request, disclose the prehospital care report to law-enforcement officials (i) when the patient is the victim of a crime or (ii) when the patient is in the custody of the law-enforcement officials and has received emergency medical services or has refused emergency medical services.
The Commissioner may delegate the responsibility for collection of this data to the Office of Emergency Medical Services personnel or individuals under contract to the Office. The Advisory Board shall assist in the design, implementation, subsequent revisions and analyses of the data from the Virginia EMS Registry.
B. C. All licensed hospitals which render
emergency medical services shall participate in the Virginia Statewide Trauma
Registry by making available to the Commissioner or his designees abstracts of
the records of all patients admitted to the institutions with diagnoses related
to trauma. The abstracts shall be submitted in the format prescribed by the
Department and shall include the minimum data set prescribed by the Board. Such
abstracts shall also be provided to regional emergency medical services
councils upon request, for uses limited to monitoring and improving the quality
of emergency medical services pursuant to §32.1-111.3.
The Commissioner shall seek the advice and assistance of the Advisory Board and the Trauma System Oversight and Management Committee in the design, implementation, subsequent revisions and analyses of the Virginia Statewide Trauma Registry.
C. D. Patient and other data or information
submitted to the trauma registry or transmitted to the Commissioner, the
Advisory Board, any committee acting on behalf of the Advisory Board, any
hospital or prehospital care provider, any regional emergency medical services
council, permitted emergency medical services agency, or other group or
committee for the purpose of monitoring and improving the quality of care
pursuant to §32.1-111.3, shall be privileged and shall not be disclosed or
obtained by legal discovery proceedings, unless a circuit court, after a
hearing and for good cause shown arising from extraordinary circumstances,
orders disclosure of such data.
D. E. The Commissioner shall make available and
share all information contained in the Virginia Statewide Trauma Registry with
the Virginia Department for Aging and Rehabilitative Services so that
the Department may develop and implement programs and services for persons
suffering from brain injuries and spinal cord injuries.