CHAPTER 673

An Act to amend and reenact § 8-289.1 of the Code of Virginia, relating
to privileged communications between patients and practitioners of
the healing arts.

[H 257]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. ; nat § 8-289.1 of the Code of Virginia be amended and reenacted
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
attending, 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 condi-
tion 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 com-
municated to, or otherwise learned by, such practitioner in connection with
such attendance, examination or treatment shall be privileged and dis-
closure may be required. This section shall not be construed to repeal or
otherwise affect the provisions of § 65-88 relating to privileged communi-
cations between physicians and surgeons and employees under the Work-
men’s Compensation Act; nor shall the provisions of this section apply to
information communicated to any such practitioner in an effort unlaw-
fully to procure a narcotic drug, or unlawfully to procure the administra-
tion of any such drug. A clinical psychologist duly licensed under the pro-
visions of § 54-809.1 shall be considered a practitioner of a branch of the
healing arts within the meaning of this section.