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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: February 21, 2008
Time and Place: Thursday, 8:30 AM, Senate Room B, General Assembly Building

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.

H.B. 85 Prescription Medication Donation Program; established.

Patron: Landes

Donation of prescription medications.  Requires the Board of Pharmacy to promulgate regulations to establish a Prescription Drug Donation Program to accept certain unused previously dispensed prescription drugs, and re-dispense such drugs to patients of clinics organized in whole or in part for the delivery of health care services to the indigent. This bill requires the Board to promulgate regulations to implement its provisions within 280 days of enactment.  This bill also provides that, notwithstanding the due course effective date of the bill, provisions of current law shall remain in effect until regulations promulgated by the Board for the establishment of the Program become effective.

H.B. 97 Diploma, advanced technical; Board of Education to establish requirements therefor.

Patron: Purkey

Advanced technical diploma. Clarifies the diplomas available to students and delineates the differences between the advanced studies and advanced technical diplomas.

H.B. 121 Mental health treatment for minors; parental notification required.

Patron: Lingamfelter

Parental notification of minor's mental health treatment.  Requires any employee or designee of any community services board or behavioral health authority, or any other state or local employee other than an employee of a local school board who provides mental health treatment to a minor to notify the minor's parent, legal guardian, or person standing in loco parentis of the provision of services within five days of the provision of services, unless the employee or designee of the community services board or behavioral health authority or other state or local employee providing mental health treatment determines that, in their professional judgment, notice to the parent, guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person.

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.

H.B. 188 Human papillomavirus vaccine; extends sunset provision requirement for 6th grade girls to receive.

Patron: Marshall, R.G.

Human papillomavirus vaccine; effective date.  Extends the effective date of the requirement for sixth grade girls to receive the human papillomavirus vaccine from October 1, 2008, to July 1, 2010.

H.B. 216 Organs and tissue, transplantable; consent to remove.

Patron: Alexander

Organ donor consent; law-enforcement officers. Eliminates the provision that, after identification of the next of kin of a decedent, the person, institution or agent of such person or institution having custody of the dead body shall attempt to obtain consent for removal of the pituitary or other organs, glands, eyes or tissues for use in transplants or therapy.

H.B. 251 Adult Fatality Review Team; created, report.

Patron: O'Bannon

Adult Fatality Review Team.  Establishes the Adult Fatality Review Team to review suspicious deaths of any incapacitated adult aged 18 or older and any adult aged 60 or older (i) who was the subject of an adult protective services investigation, (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect, or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the team. The bill also creates a Freedom of Information Act exemption for information and records acquired during a review of any death conducted by a family violence fatality review team or during a review of any adult death conducted by the adult fatality review team to the extent made confidential by state law.

H.B. 259 Students; transferring out of local school division.

Patron: Fralin

Students transferring out of a local school division.  Requires a local school division to obtain written documentation of a student’s transfer before making any status classification in an information management system.

H.B. 278 Decedent; identification of body by next of kin.

Patron: Watts

Identification of body by next of kin.  Provides that, upon the death of any person from trauma, injury, violence, poisoning, accident, suicide or homicide, or suddenly when in apparent good health, or when unattended by a physician, or in jail, prison, other correctional institution or in police custody, or who is a patient or resident of a state mental health or mental retardation facility, or suddenly as an apparent result of fire, or in any suspicious, unusual or unnatural manner, or the sudden death of any infant less than eighteen months of age whose death is suspected to be attributable to Sudden Infant Death Syndrome (SIDS), good faith efforts shall be made by such person or institution having custody of the dead body to identify and to notify the next of kin of the decedent before transfer of the dead body to the Chief Medical Examiner. This bill also requires that notification shall include informing the person presumed to be the next of kin that he has a right to have identification of the decedent confirmed without due delay and without being held financially responsible for any procedures performed for the purpose of the identification.  This bill also eliminates a provision requiring the person, institution or agent of such person or institution having custody of the dead body to attempt to obtain consent for removal of the pituitary or other organs, glands, eyes or tissues for use in transplants or therapy.

H.B. 395 Interstate Compact on Educational Opportunity for Military Children; established, report.

Patron: Cole

Interstate Compact on Educational Opportunity for Military Children. Establishes a compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents. The compact becomes effective when 10 states enact the compact into law.

H.B. 502 Certificate of public need; introduce institutional competition into a health planning region.

Patron: Hamilton

Certificate of public need; fostering competition.  Provides that, when determining whether a public need for a project involving proposed health services or facilities has been demonstrated, the State Health Commissioner shall consider the extent to which the proposed service or facility will increase citizen accessibility, demonstrate documented community support and introduce institutional competition into a heath planning region.

H.B. 605 Nonprofessional entities; practice of medicine.

Patron: O'Bannon

Nonprofessional corporations; practice of medicine. Clarifies that an entity which employs or contracts with an individual licensed by a health regulatory board may (i) practice or engage in the practice of a profession or occupation for which the individual is licensed, (ii) provide or render professional services related to the profession or occupation for which the person is licensed through licensed individual, and (iii) enforce the terms of employment or of a contract with the licensed individual.

H.B. 725 Equine dental technicians; exempts from registration requirements.

Patron: Scott, E.T.

Equine dental technicians.  Provides that registration requirements for equine dental technicians shall not prevent (i) persons performing tasks related to the practice of equine dentistry under the direction and immediate supervision of a licensed veterinarian or registered equine dental technician during completion of training and experience necessary for registration for a period not to exceed six months and (ii) licensed veterinary technicians from planing or leveling equine teeth for routine dental maintenance under the immediate and direct supervision of a licensed veterinarian, provided the licensed veterinary technician has graduated from an American Veterinary Medical Association accredited program with successful completion of coursework in equine dentistry or can document training comparable to that of an equine dental technician.

EMERGENCY

H.B. 760 Mentally retarded; replaces term with intellectually disabled.

Patron: Caputo

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" in the Code of Virginia.

H.B. 767 Home instruction of children; eliminates certain requirements.

Patron: Tata

Home instruction of children.  Eliminates (i) the requirement that correspondence courses must be approved by the Superintendent of Public Instruction in order to qualify as a suitable program for home instruction and (ii) the provision allowing parents to provide programs that are judged by the division superintendent to include the standards of learning objectives for language arts and mathematics. In addition, the bill allows for the provision of home instruction if the parent provides a program through distance learning or if the parent provides evidence that he is able to provide an adequate education for the child.

H.B. 769 Literary Fund; memorandum of lien.

Patron: Tata

Literary Fund; memoranda of lien. Upon request of a locality, any memoranda of lien deposited with the State Treasurer on behalf of the Literary Fund prior to July 1, 2007, be released. Thus, upon request of a locality, the clerk having record of any such lien must mark the entry of the lien satisfied.

H.B. 805 Advance Health Care Directive Registry; created.

Patron: Englin

Advance Health Care Directive Registry; creation. Requires the Department of Health to make available a secure online central registry for advance health care directives. The registry shall be accessible to health care providers licensed by the Board, through a site maintained by the Department of Health.

H.B. 896 Students, first-time; preadmission physical examinations.

Patron: Lohr

Preadmission physical examinations.  Provides that prior to a student entering public preschool, kindergarten, or first grade for the first time, such student must furnish a comprehensive physical examination performed within the 12 months prior to the date such pupil first enters such public preschool, kindergarten, or elementary school.

H.B. 1003 Nursing workforce information; publication on website.

Patron: Bell

Nursing workforce information; publication on website.  Requires that data related to the Commonwealth's nursing workforce, which is currently collected by the Board of Nursing, shall be published, in aggregate form and in a format that is accessible to the public, on the Department of Health Professions website.

H.B. 1005 Higher educational institutions; notification to parent of mental health treatment for student.

Patron: Bell

Institutions of higher education; notification of mental health treatment.  Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and it has been determined that there exists a substantial likelihood that, as a result of mental illness the student will, in the near future, (i) cause serious physical harm to himself or others as evidenced by recent behavior or any other relevant information or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.  This bill incorporates HB 671 (Marshall, R.G.) and HB 1251 (Fralin).

H.B. 1040 Health records; providing information after execution of search warrant, etc.

Patron: Griffith

Health records privacy; providing information after execution of search warrant, subpoena or court order.  Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order.

H.B. 1058 Higher educational institutions; release of educational records.

Patron: Amundson

Institutions of higher education; release of educational records.  Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the release of a student's educational record if the parent requesting the record claims the student as a dependent.

H.B. 1089 Toxic substances; removes requirement Board of Health report to General Assembly biennially.

Patron: Sickles

Toxic substances; reporting.  Removes the requirement that the Board of Health report to the General Assembly and the Governor on toxic substances biennially.

H.B. 1100 Human immunodeficiency virus; informed consent for testing.

Patron: Sickles

Informed consent for testing for human immunodeficiency virus.  Provides that, prior to performing any test to determine infection with HIV, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient’s medical file. This bill incorporates HB 243.

H.B. 1129 Pharmacy, Board of; expiration of licenses.

Patron: Jones, S.C.

Board of Pharmacy; expiration of licenses.  Removes the requirement that certain licenses expire on January 1 annually, and instead allows the Board to set an annual expiration date by regulation.  Contains emergency regulation clause.

H.B. 1166 Onsite treatment works; Board of Health et al., to accept designs from professional engineers.

Patron: Saxman

Professional engineering of onsite treatment works.  Authorizes the Board of Health, the Commissioner of Health, and the Department of Health to accept treatment works designs from individuals licensed as professional engineers.  This bill provides that such designs shall (i) be compliant with standard engineering practice and performance requirements established by the Board and those horizontal setback requirements necessary to protect the public health and the environment , and (ii) reflect that degree of skill and care ordinarily exercised by licensed members of the engineering profession practicing at the time of performance.. The bill also establishes the procedure for submission and review of designs.

H.B. 1183 Home instruction of children; requirements.

Patron: Lingamfelter

Requirements for home instruction of children.  Provides that an appropriate evaluation that a parent may submit to the division superintendent in order to indicate an adequate level of educational growth and progress includes: (i) a letter from a person licensed to teach in any state, or a person employed as a teacher in a private school in Virginia, or a person with a master's degree or higher in the field of education stating that the child is achieving an adequate level of educational growth and progress; (ii) a portfolio containing a sample of the child's work each quarter in math and language arts; and (iii) a report card from a private school in Virginia, college distance learning program, or home education correspondence school.

H.B. 1203 Mental health and substance abuse treatment providers; background checks.

Patron: Melvin

Mental health and substance abuse treatment providers; background checks. Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs a person who has been convicted of a misdemeanor violation relating to assault and battery as long as such offences were substantially related to substance abuse or mental illness and the applicant has been rehabilitated.

H.B. 1242 School employees; prohibits employment if subject of a founded case of child abuse and neglect.

Patron: Bell

Physical or sexual abuse of a child; school employees.  Prohibits the employment of an applicant for employment requiring direct contact with students if such applicant is the subject of a founded case of physical or sexual abuse of a child. Additionally, requires the dismissal of a teacher who while employed by a local school board, becomes the subject of a founded case of physical or sexual abuse of a child and has exhausted all available appeals. This bill also requires the Department of Social Services to report any founded complaints of sexual abuse of a child to a school board, where the subject of the report is a full-time, part-time, permanent or temporary employee of a school board in the Commonwealth.

H.B. 1260 Blood donations; allowance of minors age 16 or older to donate.

Patron: O'Bannon

Blood donation by minors.  Allows minors aged 16 or older to donate blood where such minors meet the donation requirements and have the consent of a parent or legal guardian. This bill also allows minors aged 17 or older to donate blood without parental consent when the minor receives no consideration for his blood donation and the procurer of the blood is a nonprofit, voluntary organization.

H.B. 1323 Temporary detention order; magistrates to issue based on recommendation of treating physicians.

Patron: Toscano

Temporary detention orders (TDOs); treating physicians. Requires a magistrate to issue TDOs upon the recommendation of any responsible person, any treating physician or upon his own motion after an in-person evaluation by an employee or designee of the local CSB, where it appears from all of the evidence readily available that the person meets the criteria for a temporary detention order.

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.

H.B. 1521 Embalmers and funeral directors; continuing education

Patron: Massie

Embalmers and funeral directors; continuing education.  Requires 10 hours of continuing education hours over a two-year period, rather than the current requirement of five hours per year. Also requires at least one hour per year covering compliance with laws and regulations governing the profession, and at least one hour per year covering preneed funeral arrangements.