2011 SESSION

Convened January 12, 2011 -

HEALTH

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Abortion; person shall undergo ultrasound imaging and view ultrasound image of her fetus. Amending § 18.2-76. (Patron-Smith, SB 1435 (F))

Abortion; person who forces or coerces pregnant female to have against her will is guilty of Class 1 misdemeanor. Adding § 18.2-71.2. (Patron-Smith, SB 1217 (F))

Abortion clinics; licensure and regulation. Amending §§ 32.1-102.1, 32.1-123, 32.1-125, 32.1-125.1, 32.1-126, 32.1-127, 32.1-129, 32.1-130, 32.1-133, and 32.1-135. (Patron-Bell, Richard P., HB 1428 (F))

Abortion coverage; any qualified health benefits plan offered through an exchange shall not be required nor prohibited from providing insurance coverage. Adding § 38.2-3401.1. (Patron-Herring, HB 2436 (F))

Adoptee access; grants adult adoptees by-right access to their original birth certificate. Amending §§ 32.1-261 and 63.2-1246. (Patron-Ticer, SB 567 (CD))

Adult abuse; mandatory reporting by person employed in emergency department of any private or state-operated hospital. Amending § 63.2-1606. (Patron-Athey, HB 1069 (CD))

Adult adopted person; access to identifying information. Amending § 32.1-261. (Patron-Toscano, HB 1868 (Chapter 784))

Adults; Joint Commission on Health Care to study State’s procedures for receiving, investigating, and addressing reports of abuse, neglect, and exploitation. (Patron-Athey, HJR 650 (F))

Adverse medical outcomes; pilot program created to assess disclosure programs in health care facilities. Adding § 8.01-581.20:2. (Patron-O’Bannon, HB 306 (CD))

Alcoholic beverage control; off-premises retail licensees and government stores to post sign warning risks of consuming alcohol during pregnancy. Amending §§ 4.1-111 and 4.1-119. (Patron-Hanger, SB 1098 (F))

Anesthesia; requires hospitals to develop written procedures for discharge of individuals who have undergone procedures requiring. Amending § 32.1-127; adding § 54.1-2973.1. (Patron-Watts, HB 347 (CD))

Attorney General; shall investigate complaints of alleged abuse or neglect of persons in care or custody of others who receive payments for medical assistance. Amending §§ 2.2-3705.5, 32.1-310, and 32.1-320; adding § 32.1-321.01. (Patron-Peace, HB 2034 (Chapter 110); Smith, SB 1214 (Chapter 175))

Autism Advisory Council; created, report. Adding §§ 30-326 through 30-329. (Patron-Houck, SB 1269 (Chapter 752))

Autopsy; Chief Medical Examiner or their designees to perform to determine identity or cause of death of decedent, specimens shall be disposed of. Amending §§ 32.1-283 and 32.1-284. (Patron-O’Bannon, HB 301 (CD))

Battery; if person commits against emergency health care providers, penalty. Amending § 18.2-57. (Patron-Stolle, HB 1690 (Chapter 233))

Behavioral Health and Developmental Services, Department of; disposition of unclaimed bodies. Amending § 32.1-288. (Patron-Wright, HB 1464 (Chapter 567))

Breach of medical information; adds private entities to list of entities that are required to provide notice. Amending § 32.1-127.1:05. (Patron-Byron, HB 2315 (F); Barker, SB 1041 (F))

Cemetery Board; establishes requirements for resale of interment rights in a cemetery located in State, exemptions. Amending §§ 54.1-2310 and 54.1-2312; adding § 54.1-2312.1. (Patron-Alexander, HB 2018 (Chapter 792))

Certificate of public need; addition of nursing facility beds and establishing a nursing facility in Planning District 11. (Patron-Garrett, HB 2453 (Chapter 19); Smith, SB 1434 (Chapter 20))

Certificate of public need; authorizes Commissioner of Health to accept and approve a request to amend conditions thereof. (Patron-Knight, HB 1456 (Chapter 386))

Certificate of public need; Commissioner of Health to accept and may approve request to amend conditions of those issued to continuing care provider registered with State Corporation Commission and located in City of Suffolk. (Patron-Quayle, SB 1149 (Chapter 167))

Certificate of public need; Commissioner of Health to approve request to amend conditions to those issued to continuing care provider registered with State Corporation Commission and located in County of Botetourt. (Patron-Putney, HB 2427 (Chapter 130); Smith, SB 1212 (Chapter 174))

Certificate of public need; Commissioner of Health to issue for certain nursing home beds. (Patron-O’Bannon, HB 1643 (Chapter 395))

Certificate of public need; exempts construction of an outpatient radiation therapy facility and upgrade of facility’s equipment from requirements. (Patron-McEachin, SB 818 (F))

Certificate of public need; exempts Veterans Services facilities. Amending § 32.1-102.1. (Patron-Locke, SB 986 (Chapter 150))

Certificate of public need; relocation of nursing home beds. Amending § 32.1-102.3:5. (Patron-Newman, SB 1321 (Chapter 181))

Certificate of public need; removes an exception for requirements for certain nursing facilities. Amending §§ 32.1-102.3:1 and 32.1-102.3:1.1. (Patron-Barker, SB 1039 (Chapter 155))

Children’s hospitals; definition. Amending § 32.1-123. (Patron-Northam, SB 960 (Chapter 433))

Choice health insurance pool; local inclusion of employees of area agencies on aging. Amending § 2.2-1204. (Patron-Phillips, HB 2179 (Chapter 489))

Cigarette and other tobacco products; increases tax rate. Amending §§ 32.1-366, 58.1-1001, 58.1-1018, 58.1-1021.02, and 58.1-1021.05. (Patron-Hope, HB 1815 (F))

Community services boards; access to medication assisted treatment. Adding § 37.2-500.1. (Patron-Hanger, SB 336 (CD))

D N A data bank; modifies entities to which Department of Forensic Science may release information. Amending § 19.2-310.5. (Patron-Cline, HB 2281 (Chapter 66); Obenshain, SB 1197 (Chapter 171))

D N A samples; taken of those convicted of sexual battery when victim is a minor. Amending § 19.2-310.2. (Patron-Bell, Robert B., HB 2065 (Chapter 247))

Death certificates; allows supervised nurse practitioners and physician assistants to determine cause of death and sign certificates. Amending §§ 32.1-263 and 54.1-2972. (Patron-Northam, SB 1117 (Chapter 613))

Death certificates; nonprofit organ or tissue procurement organization to receive information to help determine suitability of organs and tissues for donation. Amending § 32.1-271. (Patron-Alexander, HB 2017 (Chapter 109))

Death certificates; when certified copies are requested, up to 10 certified copies shall be provided at a cost not to exceed fee for one certified copy of any other vital record. Amending § 32.1-273. (Patron-Landes, HB 2081 (F))

Dental and oral health programs for children; Virginia Department of Health and Board to provide comprehensive program. Amending §§ 32.1-2 and 32.1-19. (Patron-Phillips, HB 2175 (F))

Disposition of dead bodies; payment of expenses. Amending § 32.1-288. (Patron-Alexander, HB 1661 (Chapter 569))

Drinking water community confidence reports; publication. Amending § 32.1-170. (Patron-Puckett, SB 1024 (Chapter 843))

Drinking water consumer confidence reports; publication. Amending § 32.1-170. (Patron-Phillips, HB 2173 (Chapter 804))

Eating disorders; Joint Commission on Health Care to study those diagnosed within State, etc. (Patron-Puller, SJR 294 (F))

Emergency medical services; requirements for submission of applications for variances and exemptions. Amending § 32.1-111.9. (Patron-Pogge, HB 1675 (Chapter 90))

Emergency medical services personnel; certification of applicants. Amending § 32.1-111.5. (Patron-Keam, HB 2279 (Chapter 497))

Estate tax; reinstated for persons dying on or after July 1, 2011. Amending §§ 32.1-127, 58.1-901, 58.1-902, 58.1-905, and 58.1-912. (Patron-Howell, A.T., HB 2476 (F))

Family Access to Medical Insurance Security (FAMIS) Plan; eligibility. Amending § 32.1-351. (Patron-Whipple, SB 266 (CD); Whipple, SB 978 (F))

Freedom of Information Act; exempts certain records provided to Attorney General from disclosure. Amending § 2.2-3705.5; adding § 32.1-321.01. (Patron-Vogel, SB 1255 (Chapter 535))

Gross premiums of certain insurance; administration of tax. Amending §§ 32.1-352, 38.2-1026, 38.2-1611.1, 38.2-1709, 38.2-4809, 58.1-435, 58.1-2500, 58.1-2503 through 58.1-2508, 58.1-2510, 58.1-2520, 58.1-2521, 58.1-2522, 58.1-2525, 58.1-2526, 58.1-2528, 58.1-2531, and 59.1-280; adding §§ 38.2-4809.1, 38.2-4816, 58.1-2532, and 58.1-2533. (Patron-Stosch, SB 1124 (Chapter 850))

Health benefits exchange; intent of General Assembly that State create and operate its own health benefits exchange. (Patron-Kilgore, HB 2434 (Chapter 823); Saslaw, SB 1366 (F))

Health benefits exchanges; abortion coverage not permitted. Adding § 38.2-3401.1. (Patron-Cline, HB 2147 (F); Obenshain, SB 1202 (F))

Health benefits plans; sale by foreign health insurers to persons in State. Amending § 38.2-1802; adding §§ 38.2-3556 through 38.2-3564. (Patron-Hope, HB 2506 (F))

Health Care Decisions Act; medically inappropriate treatment. Amending § 54.1-2990. (Patron-Bell, Robert B., HB 2068 (F))

Health Care, Joint Commission on; extends sunset provision. Amending § 30-170. (Patron-Brink, HB 2303 (Chapter 501); Puller, SB 988 (Chapter 607))

Health care providers; physicians shall not be required to participate in any public or private third-party reimbursement program as condition of licensure. Adding § 54.1-2910.3. (Patron-Stolle, HB 2218 (Chapter 490))

Health directors, local; Commissioner of Health may appoint non-physician qualified by experience in fields of public health and management to serve. Amending §§ 32.1-30 and 32.1-31. (Patron-Sickles, HB 1097 (CD))

Health insurance; coverage for treatment of autism spectrum disorder. Amending § 38.2-1802; adding §§ 38.2-6400 through 38.2-6404. (Patron-LeMunyon, HB 1367 (CD))

Health insurance; federal market reforms. Amending §§ 38.2-508.5, 38.2-3406.1, 38.2-3406.2, 38.2-3407.11, 38.2-3411.1, 38.2-3418.5, 38.2-3432.3, 38.2-3500, 38.2-3525, 38.2-4214, 38.2-4216.1, 38.2-4312.3, and 38.2-4319; adding §§ 38.2-3438 through 38.2-3446. (Patron-Rust, HB 1958 (Chapter 882))

Health insurance; independent external reviews. Amending §§ 32.1-137.6, 32.1-137.7, 32.1-137.9, 32.1-137.13 through 32.1-137.16, 38.2-4214, 38.2-4319, 38.2-4509, and 38.2-5900; adding §§ 38.2-3556 through 38.2-3571; repealing §§ 38.2-5901, 38.2-5902, 38.2-5903, and 38.2-5905. (Patron-Marshall, D.W., HB 1928 (Chapter 788))

Health insurance; mandated benefits for colorectal cancer screening. Amending § 38.2-3418.7:1. (Patron-Sickles, HB 1094 (CD))

Health insurance; mandated coverage for autism spectrum disorder. Amending § 38.2-4319; adding § 38.2-3418.17. (Patron-Greason, HB 2467 (Chapter 876); Howell, SB 1062 (Chapter 878))

Health insurance choice; created. Adding §§ 38.2-6400 through 38.2-6406. (Patron-Peace, HB 720 (CD))

Health Professions, Board of; membership. Amending § 54.1-2507. (Patron-Sickles, HB 2306 (F))

Health records; disclosure requirements. Amending § 32.1-127.1:03. (Patron-BaCote, HB 2515 (Chapter 668))

Health records; electronic access. Amending § 32.1-127.1:03. (Patron-Sickles, HB 2292 (Chapter 499))

Health records; health care provider who prescribes or dispenses controlled substances may disclose certain information to another health care provider. Amending §§ 32.1-127.1:03 and 54.1-2525. (Patron-Nutter, HB 2255 (Chapter 812); Puckett, SB 1029 (Chapter 844))

Health records; penalty for delay. Amending § 32.1-127.1:03. (Patron-McEachin, SB 639 (CD))

Health requirements for home-instructed children; a licensed nurse practitioner may provide written certification that an immunization may be detrimental to a child’s health. Amending §§ 22.1-271.2, 22.1-271.4, and 32.1-46. (Patron-Sickles, HB 2291 (Chapter 125))

Health workforce activities; repeals requirement for Commissioner of Health to submit annual report to Governor and General Assembly. Amending § 32.1-122.20; repealing § 32.1-122.22. (Patron-Stolle, HB 1847 (Chapter 37))

Healthcare Organizations, Joint Commission on Accreditation of; truncates references in Code. Amending §§ 8.01-225.01, 8.01-581.16, 8.01-581.17, 23-77.3, 32.1-125.1, 32.1-127, and 54.1-2939. (Patron-Sickles, HB 2305 (F))

Hospitals, nursing homes, etc.; Board of Health to promulgate regulations policies related to infection prevention, etc., required of Board of Health. Amending § 32.1-127. (Patron-McDougle, SB 924 (Chapter 670))

Human papillomavirus vaccination; eliminates requirement of vaccination for female children. Amending § 32.1-46. (Patron-Byron, HB 1419 (F))

Human Resource Management, Department of; authorized to offer TRICARE supplemental health coverage to military retirees, etc. Amending § 2.2-2818.1. (Patron-Cox, M.K., HB 1761 (Chapter 35); Wampler, SB 892 (Chapter 45))

Infants; blood sample provided to parents. Adding § 32.1-134.02. (Patron-O’Bannon, HB 1836 (Chapter 621))

Inspection reports; required to display a copy if licensed by State Board of Health. Adding § 35.1-22.1. (Patron-Marshall, D.W., HB 1927 (F))

Inspector General, Office of; established. Amending §§ 2.2-211, 2.2-3010, 2.2-3014, 2.2-3705.3, 2.2-3705.6, 2.2-3706, 2.2-3802, 2.2-4344, 30-138, 32.1-127.1:03, 32.1-283, and 58.1-202.2; adding §§ 2.2-307 through 2.2-322; repealing §§ 2.2-1600, 2.2-1601, 2.2-1602, 37.2-423, 37.2-424, 37.2-425, 53.1-16, and 66-3.1. (Patron-Landes, HB 2076 (Chapter 798); Stosch, SB 1477 (Chapter 871))

Life insurance; specified disease coverage or limited benefit health coverage. Amending § 38.2-102. (Patron-Howell, SB 1390 (Chapter 186))

Lyme disease; adds both confirmed and suspected cases to list of diseases required to be reported. Amending § 32.1-35. (Patron-Marshall, R.G., HB 2235 (F))

Medicaid; coverage for pregnant women and children lawfully admitted non-permanent residents. Amending § 32.1-325. (Patron-Ebbin, HB 2192 (F))

Medicaid; Department of Medical Assistance Services to continue efforts to expand managed care of recipients throughout State. (Patron-McWaters, SB 697 (CD); McWaters, SB 1286 (F))

Medicaid; eligibility for legal permanent residents. Amending § 32.1-325. (Patron-Whipple, SB 1464 (F))

Medicaid; Joint Legislative Audit and Review Commission to study feasibility and cost-effectiveness of withdrawing therefrom in favor of state-run program. (Patron-Obenshain, SB 1201 (F))

Medicaid fraud; court to order restitution for any loss caused by a felony conviction of making a false statement in applications. Amending § 32.1-314. (Patron-Peace, HB 2035 (Chapter 479); Smith, SB 1215 (Chapter 444))

Medicaid Works program; Department of Medical Assistance Services to increase maximum allowable earnings for individuals. (Patron-Orrock, HB 2384 (Chapter 506))

Medical care; Joint Commission on Health Care to study access thereto in rural Southwest Virginia. (Patron-Kilgore, HJR 124 (CD))

Medical care facility; exempts facility of Department of Veterans Services. Amending § 32.1-102.1. (Patron-Athey, HB 1697 (Chapter 92))

Medical Fraud Control Unit; authorizes Attorney General to appoint investigators. Amending §§ 9.1-101 and 18.2-308; adding § 32.1-320.1. (Patron-Loupassi, HB 2454 (F))

Medical laboratory scientists and technicians; unlawful to practice unless registered with Board of Medicine. Adding §§ 54.1-2957.14 and 54.1-2957.15. (Patron-O’Bannon, HB 601 (CD))

Medical malpractice; increases cap on recovery in actions against health care providers. Amending § 8.01-581.15. (Patron-Albo, HB 1459 (Chapter 758); Saslaw, SB 771 (Chapter 759))

Medical malpractice; privileged communications of certain committees. Amending § 8.01-581.17. (Patron-Peace, HB 2373 (Chapter 15); Cleaveland, HB 2377 (I) See HB2373; Saslaw, SB 1469 (Chapter 753))

Medical services; State’s lien for payment. Amending §§ 8.01-66.9 and 8.01-66.10; adding § 8.01-66.10:1. (Patron-Edwards, SB 155 (CD); Edwards, SB 1241 (F))

Medical services at hospitals; charges by physicians and surgeons who are not members of provider panel. Adding §§ 32.1-134.5 and 54.1-2962.3. (Patron-Barker, SB 1219 (F))

Naturopaths; Board of Medicine to license and regulate. Amending §§ 54.1-2900, 54.1-2901, 54.1-2914, and 54.1-3401; adding §§ 54.1-2956.12 through 54.1-2956.15. (Patron-Kilgore, HB 2487 (F))

Nonemergency medical transport; Department of Medical Assistance Services to issue request for, receive, and consider proposals for coordination and provision of services in Planning Districts I and II. (Patron-Phillips, HB 2174 (F))

Nursing homes; investigation of complaints by Department of Health, in-person interviews of residents. Adding § 32.1-125.6. (Patron-Hope, HB 1486 (F); Whipple, SB 977 (F))

Nursing homes; notice of liability insurance coverage. Amending §§ 32.1-127, 32.1-138, 63.2-1805, and 63.2-1808. (Patron-Stanley, SB 1433 (F))

Nursing homes; required by State Board of Health to send notices and information about family council. Amending § 32.1-127. (Patron-Hope, HB 1818 (Chapter 406); Whipple, SB 976 (Chapter 412))

Nursing homes and assisted living facilities; required to provide notice of and information about family councils, provide private space in which family councils may meet. Amending §§ 32.1-127 and 63.2-1732. (Patron-Torian, HB 2388 (I) See HB1818)

Nursing homes, assisted living facilities, etc.; licensure required to submit emergency plans. Amending §§ 32.1-129, 44-146.19, and 63.2-1701. (Patron-Bulova, HB 698 (CD))

Obstetrical and pediatric pilot programs; repeals requirement for Department of Health to annually report to Joint Commission on Health Care in underserved areas. Amending § 32.1-11.5. (Patron-Howell, A.T., HB 1841 (Chapter 456))

Onsite sewage systems; voluntary upgrades. Amending § 32.1-164.1:1; adding § 32.1-164.1:3. (Patron-Knight, HB 1626 (Chapter 394))

Onsite treatment works; provisions restricting Department of Health’s oversight of requirements for and review thereof submitted by professional engineers. Amending § 32.1-163.6. (Patron-Obenshain, SB 1277 (F))

Oral chemotherapy drugs; Joint Commission on Health Care to study access thereto. (Patron-Peace, HJR 566 (F))

Patient Protection and Affordable Care Act (PPACA); Joint Commission on Health Care to study implementation of insurance provisions thereof. (Patron-Kilgore, HJR 635 (F))

Person-centered practices; Secretary of Health and Human Resources and human services agencies to adopt and implement in providing services to citizens. (Patron-Edwards, SJR 397 (P))

Pharmacy; conforms elements of State’s freedom of choice law to North Carolina’s law. Amending § 38.2-3407.7. (Patron-Reynolds, SB 879 (F))

Practitioners; competency assessments. Amending § 54.1-2912.3. (Patron-O’Bannon, HB 2229 (Chapter 808))

Prescription medications; Joint Commission on Health Care to study impacts of cost sharing, coinsurance, and specialty tier pricing. (Patron-O’Bannon, HJR 579 (F))

Prescription requirements; treatment of sexually transmitted disease. Amending § 54.1-3303. (Patron-Herring, HB 2083 (F); McEachin, SB 1317 (F))

Prisoners; mandatory testing for human immunodeficiency virus (HIV). Adding § 53.1-33.1. (Patron-Alexander, HB 1662 (I) See HB1688; Dance, HB 1688 (Chapter 398); Vogel, SB 1258 (Chapter 415))

Restaurants; State Board of Health shall establish licensure fees based on size and amount of annual gross receipts from sale of food. Amending § 35.1-14. (Patron-Poindexter, HB 2124 (F))

Save Our Sight Fund and Advisory Board; established. Amending § 46.2-646; adding §§ 32.1-370, 32.1-371, and 32.1-372. (Patron-Garrett, HB 2336 (F))

School health services; school board to employ nurses with local health departments to have a ratio of one nurse per 1,000 students. Amending § 22.1-274. (Patron-Spruill, HB 1896 (F))

Sewage systems; submission of onsite soil evaluations for permits or letters. Amending §§ 32.1-163.5, 32.1-163.6, and 32.1-164. (Patron-Lewis, HB 2185 (F))

Shaken Baby Syndrome and abusive head trauma; Joint Commission on Health Care to study costs in State and identify best practices in reducing incidence. (Patron-Oder, HJR 632 (P))

Signing death certificates; continuing education for physicians upon receipt of three or more complaints. Amending § 54.1-2912.1; adding § 54.1-2972.1. (Patron-Massie, HB 597 (CD))

Southwest Virginia Health Authority; appointments. Amending § 15.2-5370. (Patron-Phillips, HB 2478 (Chapter 514))

State training centers and hospitals; same requirements for closure for persons with mental illness shall apply. Amending § 37.2-316. (Patron-Cline, HB 2146 (F); Edwards, SB 1418 (F))

Substance abuse treatment; Joint Commission on Health Care to study involuntary admission of persons in need in State. (Patron-O’Bannon, HJR 682 (F))

Surgical procedures; qualified registered nurse shall perform circulator duties. Amending § 32.1-127. (Patron-Garrett, HB 1466 (F))

Unborn children; constitutionally guaranteed rights. (Patron-Obenshain, SB 1207 (F); Stanley, SB 1378 (F))

Unborn children; construing the word “person” under Virginia law to include. (Patron-Marshall, R.G., HB 1440 (F))

Virginia Birth-Related Neurological Injury Compensation Program; prohibits Workers’ Compensation Commission from awarding attorney fees or other expenses incurred by any physician, etc., in a proceeding. Amending § 38.2-5009. (Patron-Phillips, HB 2170 (Chapter 84))

Virginia Water Protection Permits; state agencies asked to review shall provide comments within 45 days of project notification. Amending §§ 62.1-44.15:5.01 and 62.1-44.15:20. (Patron-Morefield, HB 2519 (Chapter 829); Puckett, SB 1021 (Chapter 842))

Vital records; certified copies for veterans or his survivor, free of charge. Amending § 32.1-273. (Patron-Massie, HB 1719 (Chapter 94); Northam, SB 959 (Chapter 148))

Vital records; records becoming public after a certain amount of time having elapsed. Amending § 32.1-271. (Patron-Blevins, SB 865 (F))

Vital records; State Registrar of Vital Records to develop system for secure posting and retrieval of records online. Amending § 32.1-252. (Patron-Petersen, SB 853 (F))

Waterworks systems; regulation. Amending § 32.1-174.1. (Patron-Lingamfelter, HB 2326 (Chapter 502))

Workers’ compensation; employer liability for medical services. Amending § 65.2-605. (Patron-Puckett, SB 367 (CD))

Workers’ compensation; health care provider rendering medical services outside State to an injured worker whose claim and injuries have been accepted as compensable shall be reimbursed for medical treatment in an amount equal to fee schedule. Amending § 65.2-605. (Patron-Merricks, HB 1326 (CD))

Youth health risk survey; Department of Health to develop and notify parents of students selected for participation in public middle and high schools. Amending § 22.1-79.3; adding § 32.1-73.8. (Patron-Hanger, SB 1094 (Chapter 726))