CHAPTER 446

An Act to amend the Code of Virginia by adding a new section numbered
8-289.1, relating to communications between physicians and wee
[S 72]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a new section num-
bered 8-289.1 as follows:

§ 8-289.1. Except at the request of, or with the consent of, the patient,
no duly licensed practitioner of any branch of the healing arts shall be
required to testify in any civil action, suit or proceeding at law or in
equity respecting any information which he may have acquired in attend-
ing, examining or treating the patient in a professional capacity if such
information was necessary to enable him to furnish professional care to
the patient; provided, however, that when the physical or mental condition
of the patient is at issue in such action, suit or proceeding or when a
judge of a court of record, in the exercise of sound discretion, deems such
disclosure necessary to the proper administration of justice, no fact
communicated to, or otherwise learned by, such practitioner in connection
with such attendance, examination or treatment shall be privileged and
disclosure may be required. This section shall not be construed to repeal
or otherwise affect the provisions of § 65-88 relating to privileged com-
munications between physicians and surgeons and employees under the
Workmen’s Compensation Act; nor shall the provisions of this section
apply to information communicated to any such practitioner in an effort
unlawfully to procure a narcotic drug, or unlawfully to procure the
administration of any such drug.