SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SESSION

  • print version
Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: February 14, 2008
Time and Place: Thursday, 8:30 AM, Senate Room B, General Assembly Building

H.B. 21 Schedule I hallucinogenic drugs; includes salvia divinorum and salvinorin A thereas.

Patron: O'Bannon

Salvinorin A as a Schedule I hallucinogenic.  Includes salvinorin A in controlled substance Schedule I as hallucinogenic drugs.

A BILL to amend and reenact § 54.1-3446 of the Code of Virginia, relating to inclusion of salvia divinorum and salvinorin A as Schedule I hallucinogenic drugs; penalty.

083106664

Impact Statements

H.B. 66 Cord Blood Bank Initiative; removes certain language.

Patron: Marshall, R.G.

Cord Blood Bank Initiative.  Removes the language stating that the Cord Blood Bank will be for the treatment of Virginians, in order to make more federal funding opportunities available.

A BILL to amend and reenact § 32.1-69.3 of the Code of Virginia, relating to the Cord Blood Bank Initiative.

084008616

Impact Statements

H.B. 137 Textbook purchases; permits local school boards to enter into contracts with publishers.

Patron: Peace

Textbook purchasing contracts. Permits local school boards to enter into contracts with publishers for the purchase of textbooks. The bill expands the definition of textbook to include print and electronic media.  The bill reorganizes the textbook purchasing process and repeals several sections of outdated code. Also provides that if consumable materials are sold to students, the local school board must provide those materials at a reduced price, or free of charge, to students who are unable to afford them.

A BILL to amend and reenact §§ 22.1-238, 22.1-239, 22.1-241, 22.1-242, and 22.1-243 of the Code of Virginia and to repeal §§ 22.1-240, 22.1-244 through 22.1-251, and 22.1-253 of the Code of Virginia, relating to textbook purchasing.

083359676

Impact Statements

H.B. 192 Volunteer rescue squads; replaces term with agency, etc. licensed or certified by Office of EMS.

Patron: Orrock

Applications for variances or exceptions.  Replaces term "volunteer rescue squad" with the term "agency, entity, or provider licensed or certified by the Office of Emergency Medical Services."

A BILL to amend and reenact § 32.1-111.9 of the Code of Virginia, relating to applications for variances or exceptions.

083137672

Impact Statements

H.B. 193 Wells, private; prohibition on construction of certain.

Patron: Orrock

Prohibition on construction of private wells.  Adds to the exemptions for the construction of private wells, property that is less than three acres.

A BILL to amend and reenact § 32.1-176.5:2 of the Code of Virginia, relating to private well construction.

084166672

Impact Statements

H.B. 214 Public entities; rights of persons with disabilities.

Patron: Cole

Public entities; rights of persons with disabilities.  Adds public entities, including schools, to the list of public places in which persons with disabilities are entitled to the same full and free rights as other persons.

A BILL to amend and reenact § 51.5-44 of the Code of Virginia, relating to public entities; rights of persons with disabilities.

084557468

Impact Statements

H.B. 241 Children's teaching hospital; Board of Education to supervise programs for school-age children.

Patron: O'Bannon

Board of Education supervision of programs for school-age children in certain hospitals.  Requires the Board of Education to supervise provision of education and training to school-aged children who are patients at the children's hospital associated with the Virginia Commonwealth University Health System Authority.  This bill contains an emergency clause.  This bill is identical to SB 357 (Watkins).

A BILL to amend and reenact § 22.1-209.2 of the Code of Virginia, relating to Board supervision of programs for school-age children in certain hospitals.

083134664

EMERGENCY

Impact Statements

H.B. 246 Nutrition and physical activity best practices database; Board of Education to develop.

Patron: O'Bannon

Department of Education; best practices database. Requires the Department of Education to develop a database of local school divisions' best practices regarding nutrition and physical education, including results of wellness-related fitness assessments.  The database shall be accessible to all local school divisions and the Department of Health, and no school division shall be required to submit information to the database.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-16.4, relating to the creation of a nutrition and physical activity best practices database.

084010664

Impact Statements

H.B. 248 Emergency medical services personnel; clarifies definitions.

Patron: O'Bannon

Emergency medical services; definitions. Defines "emergency medical services physician," "emergency medical services provider," "operational medical director," and "physician course director."

A BILL to amend and reenact §§ 15.2-1518, 32.1-111.1, 32.1-116.1:1, and 32.1-116.3 of the Code of Virginia, relating to emergency medical services personnel; definitions.

083168664

Impact Statements

H.B. 383 Occupational therapy assistants; licensing and regulation.

Patron: O'Bannon

Licensing and regulation of occupational therapy assistants.  Defines occupational therapy assistant and establishes requirement of a license to practice as an occupational therapy assistant.

A BILL to amend and reenact §§ 54.1-2900, 54.1-2956.1, 54.1-2956.4, and 54.1-2956.5 of the Code of Virginia, relating to licensing and regulation of occupational therapists and occupational therapy assistants.

088521664

Impact Statements

H.B. 396 Medical Facilities Plan; Board of Health to appoint and convene task force.

Patron: Hamilton

State Medical Facilities Plan; task force.  Requires the Board of Health to appoint and convene a task force of no less than 15 persons, including representatives from the Department of Health and the Division of Certificate of Public Need, and representatives of the health care provider community, academic medical community, experts in advanced medical technology, and health insurers, at least once every two years to update the State Medical Facilities Plan. This bill also requires that certain sections of the plan related to diagnostic services, cardiology services, and cancer treatment services be reviewed and updated on an annual basis.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-102.2:1, relating to Statewide Medical Facilities Plan; task force.

088185528

Impact Statements

H.B. 400 Inpatient treatment; parental admission of minors incapable of giving consent.

Patron: Hamilton

Parental admission of minors for inpatient treatment; minors incapable of giving consent. Provides that minors 14 years of age or older who are incapable of giving informed consent may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of giving informed consent."

A BILL to amend and reenact §§ 16.1-336 and 16.1-339 of the Code of Virginia, relating to parental admission of minors for inpatient treatment; minors incapable of giving consent.

080221528

H.B. 401 Emergency custody; who may accept custody.

Patron: Hamilton

Emergency custody; who may accept custody. Allows the law-enforcement agency providing transportation to a person pursuant to an emergency custody order to transfer custody of the person to the facility or location to which the person is transported for evaluation  if the facility or location (i) is licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody.  This bill provides that the facility or location which accepts custody of a person may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody; who may accept custody.

088565528

Impact Statements

H.B. 403 Health care providers; those responding to disaster immune from liability.

Patron: Hamilton

Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to an emergency, if a state of emergency has been or is subsequently declared, are not liable for any injury or wrongful death arising from the delivery or withholding of health care, if the withholding of health care or negligence was the result of a lack of resources attributable to the emergency. 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.

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.

081483528

H.B. 479 Stroke Triage Plan; Board of Health to develop and maintain as component of EMS Plan.

Patron: Hamilton

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.

084042840

Impact Statements

H.B. 506 Teaching Scholarship Loan Program; program to award scholarships to certain students.

Patron: Hamilton

Virginia Teaching Scholarship Loan Program. Expands the scholarship program to award scholarships to students in an approved teacher education program leading to an endorsement in career and technical education.  This bill is identical to SB 169 (Blevins).

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

083365528

Impact Statements

H.B. 513 Virginia State University; increases number of members of Board of Visitors

Patron: Dance

Virginia State University Board of Visitors.  Increases the Virginia State University Board of Visitors from 11 to 15 members, establishes the term of office of the four additional members, and makes technical and clarifying amendments.

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

084183484

Impact Statements

H.B. 603 Health insurance carriers; hospital disclosure of contractual arrangements.

Patron: O'Bannon

Hospitals; disclosure of contractual arrangements with health insurance carriers.  Requires the State Health Commissioner to negotiate and contract with a nonprofit organization for an annual survey of carriers offering private group health insurance policies and which are subject to HEDIS reporting, to determine the reimbursement that is paid for a minimum of 25 most frequently reported health care services, and to make the survey reports public through a website operated by the contracting organization.  This bill also requires carriers to report the average reimbursement paid for a specific service from all providers and provider types.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-276.5:1, relating to the disclosure by hospitals of contractual arrangements in certain provider contracts.

088572664

Impact Statements

H.B. 604 Hospice facilities; continued operation of certain.

Patron: O'Bannon

Hospice facilities; licensure; emergency clause.  Allows certain hospice facilities to continue operating pending the promulgation of final licensure regulations by the Board of Health.

A BILL to allow certain hospice facilities to continue operating pending the promulgation of final licensure regulations.

084049820

EMERGENCY

H.B. 770 Public schools; establishes educational technology as major classification of school funds.

Patron: Tata

System of accounting in public schools. Establishes educational technology as a major classification of school funds.

A BILL to amend and reenact § 22.1-115 of the Code of Virginia, relating to classification of expenditures of school funds.

083333816

Impact Statements

H.B. 771 Schools, joint and regional; may request waiver from any new regulation requirements.

Patron: Tata

Joint and regional schools. Provides that any joint, regional, or regional charter school in operation prior to July 1, 2008, may request a waiver from any new regulation requirements promulgated after that date. Also, the bill provides that any joint or regional school, such as academic year Governor's Schools, may set the school calendar so that the first day students are required to attend school will comport with the calendar of any of the participating school divisions, including those granted a waiver to start before Labor Day. This bill contains an emergency clause.

A BILL to amend and reenact § 22.1-26 of the Code of Virginia, relating to joint and regional schools.

083314816

EMERGENCY

Impact Statements

H.B. 806 Infectious diseases; residential facility or group home licensed by DMHMRSAS et al. to report cases.

Patron: Englin

DMHMRSAS and DSS to report infectious diseases.  Requires any residential facility or service licensed or operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services, any day or residential program for children or adults licensed by the Department of Social Services, any school, or any summer camp  to report an outbreak of disease to the local health director or to the Commissioner of Health. This bill also authorizes the director of any medical care facility, residential facility or service licensed or operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services, day or residential program for children or adults licensed by the Department of Social Services, school, or summer camp to voluntarily report additional information, including individual cases of communicable diseases, at the request of the Department of Health for special surveillance or other epidemiological studies.

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

088553500

H.B. 809 Teachers; provisional and local eligibility licenses if military personnel.

Patron: Ward

Provisional and local eligibility licenses; military personnel. Permits the Board of Education to extend a three-year provisional license an additional year for each school year or portion thereof for which a teacher is activated or deployed for military service. The bill provides that local school divisions may offer a similar extension to teachers holding three-year local eligibility licenses. This bill contains an emergency clause.

A BILL to amend and reenact § 22.1-299 of the Code of Virginia, relating to licenses required of teachers.

083328816

EMERGENCY

Impact Statements

H.B. 823 Oripavine and lisdexamfetamine; adds to list of Schedule II drugs.

Patron: Morgan

Schedule II drugs; oripavine and lisdexamfetamine.  Adds oripavine and lisdexamfetamine to the list of Schedule II drugs.

A BILL to amend and reenact § 54.1-3448 of the Code of Virginia, relating to Schedule II drugs.

084004802

Impact Statements

H.B. 853 Service dogs; persons training entitled to be accompanied thereby in public places.

Patron: Ebbin

Service dogs; training.  Adds persons who are conducting continuing training of guide dogs, hearing dogs, or service dogs to the list of persons who are entitled to the right to be accompanied by such dogs in listed public places.

A BILL to amend and reenact § 51.5-44 of the Code of Virginia, relating to service dogs; training.

083196492

H.B. 861 Caregivers Grant Program; physician assistant or nurse practitioner to certify.

Patron: Ebbin

Virginia Caregivers Grant Program application; allow physician assistant or nurse practitioner to certify.  Allows that a licensed physician assistant or nurse practitioner may provide certification necessary for the Virginia Caregiver's Grant Program application.

A BILL to amend and reenact § 63.2-2203 of the Code of Virginia, relating to Virginia Caregivers Grant Program application; allow physician assistant or nurse practitioner to certify.

084463820

Impact Statements

H.B. 989 University of Virginia; appointment of board of visitors.

Patron: Bell

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. This bill is identical to SB 569 (Saslaw).

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

080650432

H.B. 1025 Breast tumor treatment; repeals requirement that patient sign consent form.

Patron: Frederick

Health professions; consent for breast tumor treatment.  Repeals the requirement that a patient sign a consent form before the treatment of a breast tumor.

A BILL to repeal § 54.1-2971 of the Code of Virginia, relating to consent for the treatment of a breast tumor.

088514508

H.B. 1124 Virginia Commonwealth University; management agreement with State.

Patron: Jones, S.C.

Management agreement with Virginia Commonwealth University. Provides a management agreement between the Commonwealth of Virginia and Virginia Commonwealth University pursuant to the Restructured Higher Education Financial and Administrative Operations Act.

A BILL providing a management agreement between the Commonwealth and Virginia Commonwealth University, pursuant to the Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10 (§ 23-38.88 et seq.) of Title 23 of the Code of Virginia.

083345584

Impact Statements

H.B. 1213 HIV/Hepatitis testing; parental consent for minors.

Patron: Melvin

HIV/Hepatitis testing; consent for minors.  Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts.

A BILL to amend and reenact § 32.1-45.1 of the Code of Virginia, relating to consent for the testing of minors for HIV and hepatitis.

084045866

H.B. 1265 Health, Department of; payment for medical care services.

Patron: Plum

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.

084048820

Impact Statements

H.B. 1299 Revised Uniform Anatomical Gift Act; resolve situations when conflict between health care directive.

Patron: Frederick

Revised Uniform Anatomical Gift Act.  Specifies a procedure for resolving situations when, with regard to the measures necessary to ensure the medical suitability of an organ, there is a conflict between an advanced health care directive or similar declaration and the express or implied terms of an anatomical gift. The bill also repeals a section that was inadvertently not repealed when the prior act was repealed in 2007 and makes some clarifying changes. The 2007 General Assembly repealed the Uniform Anatomical Gift Act and enacted the Revised Uniform Anatomical Gift Act.

A BILL to amend and reenact §§ 32.1-291.21, 32.1-292.2, and 46.2-342 of the Code of Virginia and to repeal § 32.1-290.1 of the Code of Virginia, relating to the Revised Uniform Anatomical Gift Act.

081504854

Impact Statements

H.B. 1354 Substance abuse services; applications for funding.

Patron: Ware, O.

Substance abuse services; applications for funding.  Changes the review process for federal funding applications to be consistent with current practices. Only applications that are approved for federal funding must now be sent to the Department of Mental Health, Mental Retardation and Substance Abuse Services.

A BILL to amend and reenact § 37.2-311 of the Code of Virginia, relating to the review of grants for federal funds by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

084066820

H.B. 1420 Health, Department of; established as radiation control agency.

Patron: Howell, A.T.

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.

089843540

Impact Statements

H.B. 1425 No Child Left Behind Act; Board of Education to develop plan for withdrawal.

Patron: Landes

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.

084073592

Impact Statements

H.B. 1431 Dental assistants; Board of Dentistry to regulate practice thereof.

Patron: Bowling

Practice of dental assistants.  Requires the Board of Dentistry to regulate the practice of dental assistants.

A BILL to amend and reenact § 54.1-2712 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 27 of Title 54.1 an article numbered 4, consisting of a section numbered 54.1-2729.01, relating to the practice of dental assistants.

089845436

Impact Statements

H.B. 1438 Richard Bland College; specified as governmental instrumentality.

Patron: Cox

Educational institutions; governmental instrumentalities.  Specifically names Richard Bland College of the College of William and Mary as a governmental instrumentality.  This bill contains an emergency clause.

A BILL to amend and reenact § 23-14 of the Code of Virginia, relating to educational institutions declared governmental instrumentalities.

084778476

EMERGENCY

Impact Statements

H.B. 1445 Schools for students with disabilities; administration of prescription medications.

Patron: Abbitt

Administration of drugs; training of educational facility staff.  Allows the administration of drugs by a person who has satisfactorily completed a training program for this purpose approved by the Board of Nursing and who administers such drugs in accordance with a physician's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with regulations promulgated by the Board of Pharmacy relating to security and record keeping, when the drugs administered would be normally self-administered by a resident of a private children's residential facility licensed by the Department of Social Services, Department of Education, or Department of Mental Health, Mental Retardation and Substance Abuse Services, or a student in a school for students with disabilities licensed by the Board of Education.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia, relating to administration of drugs.

088563400

Impact Statements

H.B. 1447 Long-term care services; adds representatives of housing, etc. to membership.

Patron: Ingram

Department for the Aging; coordination of local long-term care services. Adds representatives of housing, transportation, and other appropriate local organizations that provide long-term care services to the membership of local long-term care coordination committees.

A BILL to amend and reenact § 2.2-708 of the Code of Virginia, relating to the Department for the Aging; coordination of local long-term care services.

084796564

H.B. 1449 Higher educational institutions; crisis and emergency management plans.

Patron: Crockett-Stark

Public institutions of higher education; crisis and emergency management plans. Requires the board of visitors or other governing body of each public institution of higher education to develop, adopt, and keep current a written crisis and emergency management plan. Such plan must be reviewed and revised every four years. The Department of Emergency Management must assist institutions, as needed, in their development of the plan.

A BILL to amend and reenact § 44-146.18 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 23 sections numbered 23-9.2:9 through 23-9.2:11, relating to crisis and emergency management for public institutions of higher education.

083357804

Impact Statements

H.B. 1471 Death certificates; clarifies who shall file.

Patron: Gilbert

Filing of death certificates.  Clarifies who shall file death certificates.

A BILL to amend and reenact § 32.1-263 of the Code of Virginia, relating to filing of death certificates.

088651520

Impact Statements