---
kind: "section"
citation: "38 C.F.R. § 1.485"
title: "38"
number: "1.485"
heading: "Medical emergencies."
url: "https://uscodex.org/cfr/38/1.485"
---

# §1.485. Medical emergencies.

- (a) **General rule.** Under the procedures required by [paragraph (c)](#c) of this section, patient identifying information from records covered by [§§ 1.460 through 1.499](/cfr/38/1.460..1.499.md) of this part may be disclosed to medical personnel who have a need for information about a patient for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention.
- (b) **Special rule.** Patient identifying information may be disclosed to medical personnel of the Food and Drug Administration (FDA) who assert a reason to believe that the health of any individual may be threatened by an error in the manufacture, labeling, or sale of a product under FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying patients or their physicians of potential dangers.
- (c) **Procedures.** Immediately following disclosure, any VA employee making an oral disclosure under authority of this section shall make an accounting of the disclosure in accordance with the Privacy Act (5 U.S.C. [552a(c)](/usc/5/552a.md?p=c) and [38](/usc/5/38.md) CFR 1.576(c)) and document the disclosure in the patient's records setting forth in writing:
  - (1) The name and address of the medical personnel to whom disclosure was made and their affiliation with any health care facility;
  - (2) The name of the individual making the disclosure;
  - (3) The date and time of the disclosure;
  - (4) The nature of the emergency (or error, if the report was to FDA);
  - (5) The information disclosed; and
  - (6) The authority for making the disclosure (§ 1.485 of this part).

## Notes

### Amendments

[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]

### Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

### Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

### Amendments

[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]