2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

PROFESSIONS AND OCCUPATIONS

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

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Abortion; no physician shall be subject to civil penalty for failure to perform or supervise performance of ultrasound imaging. Amending § 18.2-76. (Patron-Filler-Corn, HB 1776 (F))

Appraisal management companies; provision of appraisal services. Amending § 54.1-2022. (Patron-Helsel, HB 2222 (Chapter 353))

Asbestos, Lead, and Home Inspectors, Virginia Board for; notice to asbestos workers, grounds for disciplinary action. Amending § 54.1-516.1; adding §§ 54.1-515.1 and 54.1-516.2. (Patron-Ebbin, SB 871 (F))

Asbestos, Lead, and Home Inspectors, Virginia Board for; renewal of asbestos contractors licenses. Amending § 54.1-516.1; adding §§ 54.1-515.1 and 54.1-516.2. (Patron-Ramadan, HB 1851 (F))

Assault and battery; adds prison contractor to class of people victimized in prisons, penalty. Amending § 18.2-57. (Patron-Northam, SB 547 (CD))

Assault and battery; adds volunteer firefighter or any emergency medical services personnel member, penalty. Amending § 18.2-57. (Patron-Morris, HB 1927 (Chapter 698))

Audiology and speech-language pathology; provisional license. Amending §§ 54.1-2602 and 54.1-2604. (Patron-Peace, HB 2031 (Chapter 436))

Birth control; definition. Amending § 54.1-2900. (Patron-Watts, HB 1644 (F); McEachin, SB 783 (F))

Cannabinoids, research chemicals, synthetic; additional cannabimimetic agents, penalties. Amending §§ 18.2-248.1:1 and 54.1-3446. (Patron-Herring, SB 1083 (Chapter 785))

Cannabinoids, research chemicals, synthetic; penalties. Amending §§ 18.2-248.1:1 and 54.1-3446. (Patron-Loupassi, HB 1843 (I) See HB1941; Smith, SB 1318 (I) See SB1083)

Cannabinoids, research chemicals, synthetic; penalties. Amending §§ 18.2-248.1:1 and 54.1-3446. Emergency. (Patron-Garrett, HB 1941 (Chapter 295))

Cats and dogs; requires veterinarians to keep records of devocalization procedures, etc., penalty. Amending § 3.2-6570; adding § 54.1-3812.2. (Patron-Hope, HB 158 (CD))

Cemetery Board; resale of interment rights by churches or religious organizations. Amending § 54.1-2312.1; adding § 54.1-2312.2. (Patron-Alexander, SB 1147 (Chapter 395))

Certified public accountants; time for filing complaints with Board of Accountancy, right of any party to bring civil cause of action in court. Adding § 54.1-4425. (Patron-Miller, HB 1959 (Chapter 297))

Charitable gaming; sale of pull tabs and other instant bingo games by certain volunteer fire departments or rescue squads. Amending §§ 18.2-340.23 and 18.2-340.28. (Patron-Lucas, SB 1346 (F))

Clinical social workers; educational requirements for licensure. Adding § 54.1-3707.1. (Patron-McWaters, SB 1011 (Chapter 533))

Contractors, Board for; creation of residential and commercial contractor license categories. Amending §§ 54.1-1106, 54.1-1108, and 54.1-1108.2. (Patron-Marshall, D.W., HB 1802 (Chapter 116))

Contractors, Board for; licensure of tree care service providers, penalties. Adding §§ 54.1-1147 through 54.1-1155. (Patron-Ruff, SB 1267 (F))

Contractors, Board for; necessity for license, commissioning of public works of art. Amending § 54.1-1103. (Patron-James, HB 1969 (F))

Contractors, Board for; necessity for license, commissioning of public works of art, installation of artwork and related construction services. Amending § 54.1-1103. (Patron-James, HB 1960 (Chapter 298))

Counseling, Board of; confirmation of appointments by General Assembly. Amending § 54.1-3503. (Patron-Carr, HB 1702 (Chapter 201))

Counseling, Board of; qualification of members, three members shall be clinical fellows of American Association for Marriage and Family Therapy. Amending § 54.1-3503. (Patron-Carr, HB 2177 (Chapter 590))

Death certificate; timely return to funeral director. Amending § 32.1-263. (Patron-Cosgrove, HB 1796 (Chapter 799))

Deeds; allows an attorney to record corrective affidavit to correct an obvious description error. Adding § 55-109.2. (Patron-Stanley, SB 1231 (F))

Dental and optometric services plans; applicability of certain provisions. Amending § 38.2-4509. (Patron-Wagner, SB 1059 (Chapter 473))

Dental hygiene and dental hygienist; definitions and licensure. Amending §§ 54.1-2700 and 54.1-2722. (Patron-Bell, Richard P., HB 1349 (Chapter 240))

Dental laboratories; entity engaged in manufacture or repair of dental prosthetic appliances to register with Board of Dentistry. Amending §§ 54.1-2700, 54.1-2712, and 54.1-2719; adding § 54.1-2708.4. (Patron-Peace, HB 267 (CD); Newman, SB 342 (CD))

Dental or optometric services plans; requirement for nonstock corporation that offer or administer. Amending § 38.2-4504. (Patron-Habeeb, HB 1510 (Chapter 11))

Dietitians; requires Board of Medicine to promulgate regulations for licensure. Amending § 54.1-2731; adding §§ 54.1-2956.12 through 54.1-2956.18. (Patron-O’Bannon, HB 345 (CD))

Disabled parking placards; licensed physicians, nurse practitioner, etc., may issue temporary removable windshield parking placards to patients with temporary disability. Amending § 46.2-1241. (Patron-Garrett, SB 794 (Chapter 137))

Drugs; administration by a person to a child in private school. Amending § 54.1-3408. (Patron-Orrock, HB 1564 (Chapter 252); Blevins, SB 807 (Chapter 359))

Emergency medical services personnel; administration of medications. Amending § 54.1-3408. (Patron-Stolle, HB 1499 (Chapter 191); Blevins, SB 773 (Chapter 328))

Firearm shows; Department of State Police shall be available to perform background checks for non-dealer sales. Adding § 54.1-4201.2. (Patron-Edwards, SB 1372 (F))

Firearms; criminal history records check required for transfer, penalties. Amending §§ 54.1-4200 and 54.1-4201.1; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-Howell, SB 911 (I) See SB1001; Marsh, SB 1001 (F))

Firefighters and emergency medical technicians; cap on damages. Amending § 27-23.6. (Patron-Poindexter, HB 1835 (F))

Funeral Directors and Embalmers, Board of; licensure of funeral establishments, hardship waivers. Amending § 54.1-2810. (Patron-McEachin, SB 1142 (Chapter 108))

Funeral or memorial service disruption; penalty. Adding § 18.2-415.1. (Patron-Puller, SB 434 (CD))

Funeral protests; penalty. Adding § 18.2-415.1. (Patron-Filler-Corn, HB 707 (CD))

Funeral services; adds to definition of next of kin. Amending § 54.1-2800. (Patron-Sickles, HB 2325 (F); Howell, SB 1359 (F))

Hospitals and physicians; processing health insurance claims. Adding §§ 8.01-27.5, 32.1-137.02, and 54.1-2910.02. (Patron-McEachin, SB 650 (CD))

Impaired health care providers; amends definition of impairment. Amending § 54.1-2515. (Patron-Jones, HB 1289 (CD); Vogel, SB 634 (CD))

Income tax, corporate; tax credit for federal contractors that subcontract with small or minority-owned, veteran-owned, or women-owned businesses. Adding § 58.1-439.12:11. (Patron-Habeeb, HB 228 (CD); Habeeb, HB 1304 (F))

Interchangeable biosimilar biological products; permits pharmacists to dispense, retail cost information for both prescribed biological product and interchangeable biosimilar shall be provided to patient. Amending §§ 54.1-3401, 54.1-3434.1, and 54.1-3457; adding § 54.1-3408.04. (Patron-O’Bannon, HB 1422 (Chapter 412); Newman, SB 1285 (Chapter 544))

Juvenile and domestic relations district courts; attorney fees. Amending § 16.1-278.19. (Patron-Herring, HB 1918 (F))

Lawyers; repeals provision prohibiting Supreme Court of Virginia from adopting disciplinary rule requiring deposit of client funds in an interest-bearing account. Amending § 54.1-3916; repealing § 54.1-3915.1. (Patron-Loupassi, HB 1544 (F))

Lyme disease; every licensee or his in-office designee who orders laboratory test for presence of disease shall provide certain written information to patient, sunset provision. Adding § 54.1-2963.2. (Patron-Comstock, HB 1933 (Chapter 215))

Lyme disease; physicians to disclose information to patients, licensees shall be immune from civil liability. Adding § 54.1-2963.2. (Patron-Black, SB 971 (F))

Marriage and family therapy; licensure of practitioners. (Patron-Carr, HB 1902 (F))

Mechanics’ liens; person who is not licensed contractor may not claim a lien if valid contractor’s license or certificate was required by law for labor performed, an inaccuracy in memorandum as to claimant’s license or certificate number. Amending §§ 43-3, 43-4, 43-4.01, 43-5, 43-8, and 43-10. (Patron-Surovell, HB 1913 (Chapter 293))

Medical doctors; Joint Commission on Health Care to study current and impending severe shortage in State. (Patron-Purkey, HJR 689 (P))

Medical equipment suppliers; delivery of sterile water and saline. Amending §§ 54.1-3401 and 54.1-3435.2. (Patron-Hodges, HB 2181 (Chapter 504))

Medications; administration by employees or contract service providers of providers licensed by Department of Behavioral Health and Developmental Services. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 1444 (Chapter 183))

Methasterone and prostanozol; added to list of Schedule III controlled substances. Amending § 54.1-3450. (Patron-Hodges, HB 2136 (Chapter 233))

Naloxone; administering person not liable for civil damages if participant in pilot program conducted by Department of Behavioral Health and Developmental Services on administration for purposes of counteracting effects of opiate overdose, report. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 1672 (Chapter 267))

Nurses; authority to possess and administer oxygen to treat emergency medical conditions. Amending § 54.1-3408. (Patron-O’Bannon, HB 2161 (Chapter 132))

Nursing education programs; minimum examination passage rates. Adding § 54.1-3013.2. (Patron-Wagner, SB 814 (F))

Pawnbrokers and precious metals dealers; photograph required of person pawning, selling, etc., and digital images required to be maintained. Amending §§ 54.1-4009 and 54.1-4101. (Patron-BaCote, HB 459 (CD))

Pawnbrokers and precious metals dealers; records required to be maintained, certain digital images. Amending §§ 54.1-4009, 54.1-4010, and 54.1-4101. (Patron-BaCote, HB 1649 (Chapter 262))

Percutaneous gastrostomy tube; administration of medications. Amending § 54.1-3408. (Patron-O’Bannon, HB 1759 (Chapter 114))

Pharmacies; access to the Prescription Monitoring Program. Amending § 54.1-3434. (Patron-Lewis, HB 1516 (F); Northam, SB 1254 (F))

Pharmacies; clarifies definition of compounding, pharmacist-in-charge, owner of permitted pharmacy or registered nonresident pharmacy engaging in sterile compounding shall notify Board of its intention to dispense, etc., requirement for current inspection report for registration or renewal for a nonresident pharmacy. Amending §§ 54.1-2408.1, 54.1-3401, 54.1-3410.2, 54.1-3434.1, and 54.1-3434.2. (Patron-Jones, HB 2312 (Chapter 765))

Pharmacies; declaration of rights during audit. Adding §§ 54.1-3323 through 54.1-3326. (Patron-Puckett, SB 876 (F))

Pharmacy; clarifies parties with whom pharmacist may enter into collaborative agreement. Amending §§ 54.1-3300 and 54.1-3300.1. (Patron-O’Bannon, HB 1501 (Chapter 192))

Physician, licensed, physician’s assistant, nurse practitioner, or registered nurse; may perform procedure for physical evidence recovery kit examination. Adding § 54.1-2970.1. (Patron-Herring, HB 2120 (Chapter 441); Barker, SB 1006 (Chapter 532))

Physician Loan Repayment Program; extends eligibility to graduates of accredited medical schools who are currently employed in a geriatrics fellowship. Amending § 32.1-122.6:1. (Patron-Stolle, HB 1588 (Chapter 255))

Practitioners; Board of Medicine shall not consider an application for reinstatement until five years has passed, if license has been revoked pursuant to subdivision A 19 of § 54.1-2915 (Twomey bill). Amending § 54.1-2408.2. (Patron-Reeves, SB 898 (Chapter 365))

Practitioners; suspension or revocation of license, registration or certificate by health regulatory board of Department of Health Professions, practice pending appeal. Adding § 54.1-2408.3. (Patron-Garrett, HB 1791 (Chapter 115))

Practitioners, licensed; continuing education required for those who are authorized to prescribe controlled substances. Amending §§ 54.1-2709, 54.1-2912.1, and 54.1-3219. (Patron-Puckett, SB 877 (F))

Practitioners of medicine and other healing arts; updates terminology in sections governing licensure, provides for use of electronic communication, surgery by podiatrists, and eliminates Psychiatric Advisory Board. Amending §§ 38.2-5004, 54.1-2409.3, 54.1-2904, 54.1-2913.1, 54.1-2915, 54.1-2930 through 54.1-2933, 54.1-2935, 54.1-2939, 54.1-2949, 54.1-2950, 54.1-2951.1, 54.1-2953, and 54.1-2957.4; repealing §§ 54.1-2905, 54.1-2913, 54.1-2917, 54.1-2924, and 54.1-2928. (Patron-Garrett, SB 950 (Chapter 144))

Prescription Monitoring Program; Board of Pharmacy to identify “drugs of concern”. Amending §§ 54.1-2519 and 54.1-2520; adding § 54.1-3456.1. (Patron-Puckett, SB 1250 (F))

Prescription Monitoring Program; disclosure of information to an agent who has completed Virginia State Police Drug Diversion School designated by chief law-enforcement officer or town or campus police department. Amending §§ 54.1-2523 and 54.1-2523.1. (Patron-Stolle, HB 1704 (Chapter 739))

Prescription Monitoring Program; required checks prior to dispensing any Schedule II, Schedule III, or Schedule IV controlled substances. Adding § 54.1-2971.02. (Patron-Puckett, SB 878 (F))

Prescription Monitoring Program; required checks prior to dispensing any Schedule II, Schedule III, or Schedule IV controlled substances. Adding § 54.1-3408.01:1. (Patron-Carrico, SB 320 (CD))

Private security services businesses; allows those out-of-state to contract with those licensed in State. Amending § 9.1-139. (Patron-Howell, SB 90 (CD))

Private security services businesses; exceptions for certain out-of-state businesses. Amending § 9.1-140. (Patron-Farrell, HB 1659 (F))

Private security services businesses; exempts certain employees and sales representatives from training requirements. Amending § 9.1-140. (Patron-Fariss, HB 1363 (Chapter 411))

Private security services businesses; prohibits Criminal Justice Services Board from adopting any regulation that would prevent an employee, other than an alarm respondent, or locksmith, from carrying a firearm in course of that person’s duties. Amending § 9.1-141. (Patron-Farrell, HB 1604 (Chapter 69))

Professional and Occupational Regulation, Department of; Director authorized to purchase information technology and telecommunications goods and services. Amending § 2.2-2012; adding § 54.1-303.1. (Patron-Wagner, SB 1307 (F))

Professional and Occupational Regulation, Department of; powers and duties of regulatory boards, waiver of informal fact-finding conference. Amending § 54.1-201. (Patron-Knight, HB 1641 (Chapter 486); Ruff, SB 1179 (Chapter 398))

Professional counselors; licensure. Amending §§ 54.1-3500, 54.1-3505, and 54.1-3506. (Patron-Yost, HB 1666 (Chapter 264))

Professional counselors, marriage and family therapists, etc.; Board of Counseling to establish specified fees for licensure and certification. Emergency. (Patron-Barker, SB 1325 (V))

Public schools; possession and administration of epinephrine by employees of local governing bodies and employees of local health departments. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. Emergency. (Patron-Greason, HB 1468 (Chapter 336); Howell, SB 893 (Chapter 617))

Public schools; possession and administration of epinephrine by local health department employee. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. (Patron-Kory, HB 1321 (F))

Radiology benefits managers; requires any decision to deny physician’s order for diagnostic radiology test be made by a physician. Amending §§ 32.1-137.10 and 54.1-2903; adding § 38.2-3407.10:1. (Patron-Hope, HB 398 (CD))

Real Estate Board; authority to hear fair housing violations by real estate licensees. Amending § 54.1-2344. (Patron-Farrell, HB 1480 (Chapter 190))

Real Estate Board; death or disability of a broker. Amending §§ 54.1-2105.1 and 54.1-2109. (Patron-Surovell, HB 1973 (F))

Real Estate Board; protection of escrow funds by real estate licensee, required deposits. Amending § 54.1-2108.1. (Patron-Farrell, HB 1736 (Chapter 489))

Real estate brokers and salespersons; liability of false advertising and false information. Amending § 54.1-2142.1. (Patron-Yancey, HB 2073 (Chapter 499))

Retail Sales and Use Tax; exemption includes funeral-related goods. Amending § 58.1-609.1. (Patron-O’Quinn, HB 1657 (F))

Retail Sales and Use Tax; exemption includes service charges of photographers and videographers. Amending § 58.1-609.5. (Patron-Pogge, HB 1354 (F))

Sterilization operations; eliminates requirement for 30-day waiting period prior for persons who are 18 years of age or older and capable of giving informed consent. Amending § 54.1-2974. (Patron-McClellan, HB 1876 (Chapter 671))

Students; care of those who have been diagnosed with diabetes. Amending §§ 8.01-225, 22.1-274, and 54.1-3408; adding § 22.1-274.01:1. (Patron-Cole, HB 1377 (F))

Surgical assistants and surgical technologists; licensure and certification, Advisory Board on Surgical Technology and Surgical Assisting created. Amending § 54.1-2900; adding §§ 54.1-2956.12, 54.1-2956.13, and 54.1-2956.14. (Patron-Blevins, SB 858 (F))

Surgical assistants and surgical technologists; licensure and certification by Board of Medicine. Amending § 54.1-2900; adding §§ 54.1-2956.12 through 54.1-2956.15. (Patron-Blevins, SB 313 (CD))

Tradesmen; Board for Contractors shall evaluate continuing education requirements, report. (Patron-Tata, HB 1645 (Chapter 738))

Tramadol; added to list of Schedule IV controlled substances. Amending § 54.1-3452. (Patron-Yost, HB 1463 (F))

Ultrasound imaging; no law or regulation of State shall require for nonmedical reasons. Adding § 54.1-2910.4. (Patron-Favola, SB 1080 (F))

Virginia Adoptable and Transferable Companion Animal Registry; State Veterinarian to establish and maintain website. Amending § 3.2-6546; adding § 3.2-6546.1. (Patron-Kory, HB 1893 (F))

Virginia Contractor Transaction Recovery Act; changes to clarify eligibility and assessment requirements for claims review process. Amending §§ 54.1-1118, 54.1-1120, 54.1-1121, 54.1-1122, and 54.1-1125; repealing § 54.1-1126. (Patron-Marshall, D.W., HB 1801 (Chapter 343))

Virginia Public Procurement Act; contracts for architectural or professional engineering services for any city within Planning District 8. Amending § 2.2-4301. (Patron-Saslaw, SB 1197 (Chapter 540))

Virginia Public Procurement Act; multiple project contracts for architectural or professional engineering services relating to airports and aviation transportation projects, project fee for any single project shall not exceed $500,000. Amending § 2.2-4301. (Patron-Byron, HB 2316 (Chapter 518); Colgan, SB 1246 (Chapter 543))

Virginia Retirement System; benefits for certain firefighters, emergency medical technicians, or law-enforcement officers. Amending §§ 51.1-153, 51.1-155, and 51.1-169. (Patron-Bulova, HB 1532 (Chapter 666); Petersen, SB 854 (Chapter 456))

Virginia State Bar; granting certificate of admission to law professors. Amending § 54.1-3931. (Patron-Marsh, SB 1159 (Chapter 396))

Wastewater works operator; required to sit for conventional onsite sewage system operator examination. Amending § 54.1-2301. (Patron-Farrell, HB 1482 (Chapter 731))

Wetland delineator; requirements for certification. Amending § 54.1-2206.2. (Patron-Blevins, SB 1316 (Chapter 546))

Workers’ compensation; peer review of services rendered by physicians. Amending § 65.2-1306. (Patron-Loupassi, HB 1733 (Chapter 204))

Zoning ordinance; court may award reasonable attorney fees, expenses, etc., to persons that prevail in action brought against it. Amending § 15.2-2286. (Patron-Morris, HB 1429 (F))