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2008 SESSION

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Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 17, 2008
Time and Place: Thursday, 8:30 a.m., Senate Room B, General Assembly Building

S.B. 44 At-risk students; local school boards to establish after school programs.

Patron: Miller, Y.B.

At-risk students; after school programs.  Allows local school boards to establish after school programs designed to prevent at-risk youth from engaging in illegal or gang-related activities for students who attend elementary, middle, or high schools. To be eligible to attend one of these programs, a student must be enrolled in a public school in the relevant school division. State and local funds appropriated for educational purposes may be used to support such programs.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-199.5, relating to after school programs for at-risk students.

088131276

S.B. 169 Teaching Scholarship Loan Program; expands program to community college students pursuing.

Patron: Blevins

Virginia Teaching Scholarship Loan Program. Expands the scholarship program to award scholarships to community college students pursuing prerequisites for an approved teacher education program leading to an endorsement in career and technical education.

A BILL to amend and reenact § 22.1-290.01 of the Code of Virginia, relating to the Virginia Teaching Scholarship Loan Program.

086620204

S.B. 197 Brain injuries; eliminates requirement that hospitals report to registry.

Patron: Puller

The brain injury registry; the Department of Rehabilitative Services.  Eliminates the requirement that hospitals report brain injuries to the brain injury registry maintained by the Department of Rehabilitative Services (DRS), but requires the Department of Health to share all information that is obtained through the Virginia Statewide Trauma Registry with DRS. This bill is a recommendation of the JLARC report on brain injuries and a recommendation of the Disability Commission.

A BILL to amend and reenact § 32.1-116.1 of the Code of Virginia and to repeal § 51.5-11 of the Code of Virginia, relating to the brain injury registry maintained by the Department of Rehabilitative Services; Virginia Statewide Trauma Registry.

081442820

S.B. 201 Midwifery, Advisory Board on; removes sunset provision.

Patron: Quayle

Advisory Board on Midwifery; sunset. Removes the sunset on the Advisory Board on Midwifery.

A BILL to amend and reenact § 54.1-2957.10 of the Code of Virginia, relating to the Advisory Board on Midwifery.

084007802

S.B. 218 Health Professions, Department of; investigative procedures.

Patron: Edwards

Department of Health Professions; investigative procedures.  Clarifies that the Director and investigative personnel may request and obtain patient records, business records, papers, and physical or other evidence in the course of any investigation or issue subpoenas requiring the production of such evidence.

A BILL to amend and reenact § 54.1-2506 of the Code of Virginia, relating to investigative procedures of the Department of Health Professions.

084002802

S.B. 219 Roanoke Higher Education Authority; removes Virginia Intermont College from Board of Trustees.

Patron: Edwards

Roanoke Higher Education Authority.  Removes Virginia Intermont College from the Board of Trustees that governs the Authority.

A BILL to amend and reenact § 23-231.15 of the Code of Virginia, relating to Roanoke Higher Education Authority.

084180228

S.B. 267 Standards of Quality; requires that average teacher salary not be less than annual national salary.

Patron: Deeds

Standards of Quality; average teacher salary. Requires that the state average teacher salary not be less than the annual national average teacher salary in order to ensure high-quality instructional personnel in the public schools.

A BILL to amend and reenact §§ 22.1-253.13:1 and 22.1-289.1 of the Code of Virginia, relating to Standards of Quality; average teacher's salary.

080586220

S.B. 271 Schools for students with disabilities; administration of prescription medications.

Patron: Deeds

Prescription medications; schools for students with disabilities.  Allows a person employed in a school for students with disabilities licensed by the Board of Education to administer prescription medication to a student if the person (i) has satisfactorily completed a training program for this purpose approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist; (ii) has obtained written authorization from a parent or guardian; (iii) administers drugs only to the student identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration; and (iv) administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container that would normally be administered by a parent or guardian to the student.

A BILL to amend and reenact §§ 54.1-2722, 54.1-3005 and 54.1-3408 of the Code of Virginia, relating to administration of prescription drugs to students in a school for students with disabilities.

086259220

S.B. 344 Stroke Triage Plan; Board of Health to develop and maintain as component of EMS Plan.

Patron: Blevins

Emergency Medical Services Plan; Stroke Triage Plan. Requires the Board of Health to develop and maintain as a component of the Emergency Medical Services Plan a statewide pre-hospital and interhospital Stroke Triage Plan designed to promote rapid access for stroke patients to appropriate, organized stroke care. The Plan shall include formal regional stroke triage plans, which shall be reviewed triennially.

A BILL to amend and reenact § 32.1-111.3 of the Code of Virginia, relating to a statewide prehospital and interhospital Stroke Triage Plan.

084043840

S.B. 357 Children's teaching hospital; Board of Education to supervise programs for school-age children.

Patron: Watkins

Programs and teachers in regional detention homes, agencies, and institutions. Requires the Board of Education to supervise the program of evaluation, education and training provided to school-age children by the teaching hospital associated with the Virginia Commonwealth University Health System Authority. This teaching hospital is added to the list of those education and training programs provided by agencies and institutions that the Board is required to prepare and supervise.

A BILL to amend and reenact § 22.1-209.2 of the Code of Virginia, relating to programs and teachers in regional detention homes, and certain agencies and institutions.

084173348

S.B. 389 Virginia State University; increases number of members of Board of Visitors

Patron: Martin

Virginia State University; Board of Visitors.  Increases the VSU Board of Visitors from 11 to 15.

A BILL to amend and reenact § 23-165.4 of the Code of Virginia, relating to the Virginia State University Board of Visitors.

084012268

S.B. 408 Literary Fund; distributions.

Patron: Puckett

Literary Fund; distributions. Raises the maximum limit for any loan from the Literary Fund from $7.5 million to $14 million.

A BILL to amend and reenact § 22.1-147 of the Code of Virginia, relating to distributions from the Literary Fund.

084564300

S.B. 429 Opiate addiction treatment providers; daily service fee.

Patron: Lucas

Opiate addiction treatment providers; daily service fee.  Requires that any licensed provider of treatment for persons with opiate addiction shall pay a daily service fee of not greater than 1.5 percent of each consumer's daily dosing fee. The provider shall be responsible for calculating and collecting the fee, and on a quarterly basis, forwarding the collected fees to the Department.

A BILL to amend the Code of Virginia by adding a section numbered 37.2-406.1, relating to opiate addiction treatment provider dosing fees.

084461820

S.B. 435 Education; computation of composite index.

Patron: Vogel

Education; computation of composite index.  Modifies the current Standards of Quality funding formula and calculation of composite index of local ability to pay to incorporate within the real estate indicator of local wealth the land-use taxation value for those properties assessed and taxed at their use value.

The current composite index of local ability to pay incorporates the "true value" of real property (rather than any special use assessed values) weighted 50%, with adjusted gross income weighted at 40%, and taxable retail sales weighted at 10%, as indicators of local wealth.

A BILL to amend the Code of Virginia by adding in Chapter 13.2 of Title 22.1 a section numbered 22.1-253.13:9, relating to apportionment of the state and local share for the costs of providing certain educational programs.

086564338

S.B. 463 Reporting of infectious diseases; residential facilities.

Patron: Whipple

Reporting of infectious diseases; residential facilities.  Adds persons in charge of residential facilities licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Social Services to the list of nonphysicians who must report infectious diseases. Also requires that reports be made to both the local health director and the Commissioner of Health, rather than just one of the two.

A BILL to amend and reenact § 32.1-37 of the Code of Virginia, relating to reporting of infectious diseases.

084674352

S.B. 481 Data Collection; residential service providers.

Patron: Hanger

Data Collection; residential service providers. Requires the State Executive Council to develop and implement uniform data collection standards to collect data on residential service providers and residential services provided under the Comprehensive Services Act program and to develop uniform outcome measures to evaluate residential services provided under the Comprehensive Services Act program.

A BILL to amend and reenact §§ 2.2-2648 and 2.2-2649 of the Code of Virginia, relating to data collection; residential care providers.

083199232

S.B. 490 No Child Left Behind; withdrawal.

Patron: Hanger

No Child Left Behind; withdrawal.  Requires the Board of Education to develop a plan for the withdrawal from the federal No Child Left Behind Act, unless waivers that allow Virginia's existing educational accountability system, as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, to substantially meet the requirements of the Act are granted by the U.S. Department of Education.

A BILL to direct the Board of Education to develop a plan to withdraw from participation in the federal No Child Left Behind Act.

086210232

S.B. 494 Commonwealth Neurotrauma Initiative Advisory Board; report triennially. 

Patron: Hanger

Commonwealth Neurotrauma Initiative Advisory Board; report triennially. Changes reporting requirements for the Commonwealth Neurotrauma Initiative Advisory Board from annual reporting to triennial reporting.

A BILL to amend and reenact § 51.5-12.3 of the Code of Virginia, relating to Commonwealth Neurotrauma Initiative Advisory Board; report triennially.

084486820

S.B. 514 Department of Health declared state radiation agency.  

Patron: Miller, J.C.

Department of Health declared state radiation agency.  Establishes the Virginia Department of Health as the state radiation control agency.

A BILL to amend and reenact §§ 32.1-227, 32.1-228, 32.1-229, 32.1-229.01, 32.1-229.1, 32.1-229.2, 32.1-232.1, 32.1-233, 32.1-235, and 32.1-238 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 32.1-228.1, 32.1-229.3, and 32.1-234.1, relating to declaring the Department of Health the state radiation control agency.

088529820

S.B. 559 Local composite index; number of students.

Patron: Obenshain

Local composite index; number of students.  Increases from 350 to 1200 the maximum number of students allowed for a school division to qualify to have its state share of aid adjusted, based on a cost-sharing agreement with a neighboring school division.

A BILL to amend and reenact § 22.1-98.2 of the Code of Virginia, relating to adjusting the state share for basic aid.

086251288

S.B. 567 Standards of Quality; LEP teachers.

Patron: Saslaw

Standards of Quality; LEP teachers.  Increases from 17 to 30 the number of full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency.

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to full-time instructional positions for students with limited English proficiency.

080079324

S.B. 569 Board of visitors; University of Virginia.

Patron: Saslaw

Board of visitors; University of Virginia.  Provides that all appointments made on or after July 1, 2008, to the board of visitors must be for terms of four years that commence on July 1 of the first year of appointment. Such terms expire on June 30 of the year of scheduled expiration, including appointments made before July 1, 2008.

A BILL to amend and reenact § 23-70 of the Code of Virginia, relating to the board of visitors of the University of Virginia.

086616324

S.B. 579 Department of Health; payment for medical care services. 

Patrons: Saslaw, Norment

Department of Health; payment for medical care services.  Allows the Department of Health to charge an amount equal to the allowable charge of a private insurer for the services provided by the Department to an insured individual. If an insurance company denies a claim for medical care services provided by the Department, the patient portion of the bill shall not be greater than if the person did not have private health insurance.

A BILL to amend and reenact § 32.1-11 of the Code of Virginia, relating to payment for medical care services.

089835324

S.B. 613 Eastern Virginia Medical School; Board of Visitors terms.  

Patron: Stolle

Eastern Virginia Medical School; Board of Visitors terms.  Allows officers of the Board of Visitors to serve up to three additional one-year terms. Contains an emergency clause.

A BILL to amend and reenact § 2 of Chapter 471 of the Acts of Assembly of 1964, as amended by Chapter 87 of the Acts of Assembly of 2002, relating to Eastern Virginia Medical School; emergency.

084018328

S.B. 620 Replacing "mentally retarded" with "intellectually disabled." 

Patron: Ticer

Replacing "mentally retarded" with "intellectually disabled." Replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability" throughout the Code of Virginia.

A BILL to amend and reenact §§ 2.2-212, 2.2-213, 2.2-214, 2.2-223, 2.2-507, 2.2-701, 2.2-704, 2.2-705, 2.2-1124, 2.2-1204, 2.2-1207, 2.2-1839, as it is currently effective and as it may become effective, 2.2-2411, 2.2-2525, 2.2-2648, 2.2-2649, 2.2-2664, 2.2-2696, 2.2-2818, 2.2-2905, 2.2-3705.3, 2.2-3705.5, 2.2-4344, 2.2-5201, 2.2-5206, 2.2-5300, 4.1-305, 8.01-654.2, 9.1-111, 9.1-901, 15.2-964, 15.2-2291, 15.2-5386, 16.1-241, 16.1-269.1, 16.1-275, 16.1-278.8, 16.1-278.8:01, 16.1-278.11, 16.1-280, 16.1-293.1, 16.1-336, 16.1-345, 16.1-356, 16.1-357, 16.1-361, 18.2-10, 18.2-73, 18.2-74, 18.2-251, 18.2-251.01, 18.2-252, 18.2-254, 18.2-254.1, 18.2-258.1, 18.2-271.2, 18.2-308.1:1, 18.2-308.2:2, 18.2-369, 19.2-123, 19.2-169.1, 19.2-169.2, 19.2-169.3, 19.2-169.5, 19.2-175, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, 19.2-182.13, 19.2-182.16, 19.2-218.1, 19.2-264.3:1, 19.2-264.3:1.1, 19.2-264.3:1.2, 19.2-264.3:3, 19.2-301, 19.2-302, 19.2-389, 19.2-390, 20-88, 22.1-7, 22.1-205, 22.1-209.2, 22.1-213, 22.1-214.2, 22.1-214.3, 22.1-215, 22.1-217.1, 22.1-253.13:2, 22.1-272.1, 22.1-319, 23-38.2, 25.1-100, 29.1-313, 32.1-45.1, 32.1-59, 32.1-64.1, 32.1-65, 32.1-73.7, 32.1-102.1, 32.1-122.5, 32.1-124, 32.1-125.1, 32.1-127.01, 32.1-127.1:03, 32.1-127.1:04, 32.1-135.2, 32.1-276.3, 32.1-276.8, 32.1-283, 32.1-283.1, 32.1-325, 32.1-351.2, 36-96.6, 37.2-100, 37.2-200, 37.2-203, 37.2-204, 37.2-300, 37.2-303, 37.2-306, 37.2-315, 37.2-316, 37.2-317, 37.2-318, 37.2-319, 37.2-403, 37.2-409, 37.2-416, 37.2-423, 37.2-500, 37.2-504, 37.2-505, 37.2-506, 37.2-508, 37.2-509, 37.2-600, 37.2-601, 37.2-605, 37.2-608, 37.2-716, 37.2-802, 37.2-806, 37.2-900, 37.2-900.1, 37.2-909, 37.2-912, 37.2-919, 37.2-1018, 37.2-1101, 38.2-3323, 38.2-3409, 38.2-3412.1, 38.2-3418.5, 46.2-400, 46.2-401, 46.2-1229, 51.5-1, 51.5-2, 51.5-3, 51.5-14.1, 51.5-30, 51.5-31, 51.5-39.2, 51.5-39.7, 51.5-39.8, 51.5-39.12, 53.1-32, 53.1-40.2, 53.1-136, 53.1-145, 54.1-2715, 54.1-2726, 54.1-2970, 54.1-2982, 54.1-2986, 54.1-2987.1, 54.1-3408, 54.1-3408.01, 54.1-3437.1, 54.1-3506, 56-484.19, 57-2.02, 57-60, 63.2-100, 63.2-1503, 63.2-1528, 63.2-1603, 63.2-1709, 63.2-1726, 63.2-1735, 63.2-1805, 66-18, and 66-20 of the Code of Virginia, relating to replacing the term "mental retardation" with the term "intellectual disability."

088524336

S.B. 657 Health care provider liability protections.

Patron: Newman

Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies if a state or local emergency has been or is subsequently declared in response to such a disaster. This bill further provides that the failure of a health care provider to deliver the same level or manner of care that would be delivered under nondisaster circumstances does not constitute a breach of duty by such provider where the failure results from a lack of necessary resources. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments.

A BILL to amend and reenact §§ 8.01-225.01, 8.01-581.1, 38.2-324, 44-146.16, 44-146.17, 44-146.18:1, 44-146.23, and 59.1-526 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-225.02, relating to health care provider liability protections.

080224806

S.B. 658 Comprehensive Services Act Program; case management and residential care plan.

Patron: Howell

Comprehensive Services Act Program; case management and residential care plan.  Requires the State Executive Council to develop, and localities to implement, a program of case management for residential care to include a provision for residential care plans.  Requires family assessment and planning teams to develop, and community policy and management teams to review, residential care plans that include goals for residential care treatment, a provision for monitoring and review of plans, evaluation of progress toward identified goals, and a plan for returning the youth to his home or community at the earliest appropriate time.

A BILL to amend and reenact §§ 2.2-2648, 2.2-5206, and 2.2-5208 of the Code of Virginia, relating to Comprehensive Services Act Program; case management and residential care plans.

084534248

S.B. 672 Certificate of public need; certain request for applications.

Patron: Houck

Certificate of public need; certain request for applications.  Requires the Commissioner of Health to issue a Request For Applications for 90 new nursing facility beds in Planning District 9 no later than October 1, 2008.

A BILL to provide for the authorization and acceptance of certain certificate of public need applications.

088700244

EMERGENCY