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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 28, 2008
Time and Place: Thursday, 8:30 AM, Senate Room B, General Assembly Building

H.B. 14 Higher educational institutions; aliens unlawfully present not eligible for admission thereto.

Patron: Peace

Admission of illegal aliens to public institutions of higher education. Provides that an alien who is unlawfully present in the United States shall not be eligible for admission to any public institution of higher education in the Commonwealth. This bill incorporates HB 123 (Hargrove), HB 425 (Marshall, R.G.), and HB 1010 (Hugo).

H.B. 118 Higher education; required to report to SCHEV on steps taken to ensure academic freedom, etc.

Patron: Landes

Higher education; academic freedom.  Requires each public institution of higher education to annually report to the State Council of Higher Education for Virginia (SCHEV) the steps the institution is taking to ensure academic freedom and the free exchange of ideas. SCHEV must compile the information and report to the General Assembly by December 31 of the last year of each biennium.

H.B. 191 Emergency medical services; temporary suspension of permits and certificates pending hearing.

Patron: Orrock

EMS; temporary suspension of permits and certificates pending hearing.  Authorizes the Health Commissioner to temporarily suspend any certificate or permit without notice, pending a hearing or informal fact-finding conference, where a substantial danger to public health or safety exists. The bill requires the Commissioner to seek an expedited hearing in such cases.

H.B. 242 Standards of Learning; physical education requirements.

Patron: O'Bannon

Standards of Learning; physical fitness program.  Requires local school boards to provide a physical fitness program with a goal of 150 minutes per week for all students.

H.B. 312 Miscarriage or stillbirth; unintentional cause thereof.

Patron: Landes

Crimes; unintentional cause of miscarriage or stillbirth.  Makes it a Class 5 felony for a person who, while engaged in conduct so gross, wanton, and culpable so as to show a reckless disregard for the life or safety of others to injury another person who is pregnant and such injury results in a miscarriage or stillbirth.

H.B. 354 Textbook purchases; Board of Education shall publish list of approved textbooks, publisher, etc.

Patron: Cole

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.  Also, provides that any contract entered into by a local school board with a publisher of textbooks must include the listing of any private school within the school division that requests in writing to be a co-party to the contract and agrees to the terms of the contract.

H.B. 398 Certificate of public need; relocation of nursing home beds.

Patron: Hamilton

Certificate of public need; relocation of nursing home beds.  Exempts form the definition of "project" any relocation (i) of up to 10 beds or 10% of beds, whichever is less, from on existing facility to another existing facility at the same site in any two-year period or (ii) in any three year period, from one existing nursing home facility to any other existing nursing home facility owned by the same person that is located either within the same planning district, or within another planning district out of which, during that three-year period, at least 10 times that number of beds have been transferred and at least half of those beds have not been replaced.

H.B. 429 Abortion; forced or coerced prohibited, penalty.

Patron: Marshall, R.G.

Forced or coerced abortion prohibited; penalty.  Provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if such a violation is committed when the pregnant female is less than 18 years of age, the person is guilty of a Class 6 felony.

H.B. 524 In-state tuition; eligibility for certain military personnel.

Patron: Suit

Eligibility for in-state tuition; certain military personnel.  Provides that in determining the domiciliary intent of retired military personnel residing in the Commonwealth at the time of their retirement, or the domiciliary intent of their dependent spouse or children who claim domicile through them, who voluntarily elect to establish Virginia as their permanent residence for domiciliary purposes, the requirement to prove domiciliary intent in Virginia for one year is waived. Also, provides that any active duty members, activated guard or reservist members, or guard or reservist members mobilized or on temporary active orders for six months or more, who are either stationed or assigned by their military service to a work location in Virginia and are residing in Virginia are entitled to in-state tuition.

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. 766 Fraudulent academic credentials; misdemeanor to use to obtain employment, promotion, etc.

Patron: Tata

Fraudulent academic credentials; penalty.  Makes it a Class 1 misdemeanor to operate a degree/diploma mill and to issue or manufacture a fraudulent academic credential or for a person to use one.

H.B. 819 Nursing facilities; those in continuing care retirement communities to participate in program.

Patron: Albo

Continuing care retirement communities; medical assistance. Allows nursing facilities in continuing care retirement communities in Planning District 8 to participate in the Medical Assistance Program so long as (i) the nursing facility is no longer operating under an open admissions period, (ii) any patients who qualify and receive medical assistance have been residents of the community for at least three years, (iii) not more than 10 percent of the facility receives benefits at any given time, and (iv) residents who qualify for and receive medical assistance have exhausted any refundable entrance fee paid on the resident's behalf as a result of expenditures for that resident's care. This bill also allows these facilities to be exempt from certificate of public need requirements as long as no resident receives federal or state public assistance funds during an open admissions period.

H.B. 894 Abortion; licensure of clinics.

Patron: Lohr

Licensure of abortion clinics. Requires all abortion clinics, defined as any facility other than a hospital or an ambulatory surgery center in which 25 or more first trimester abortions are performed in any 12-month period, to be licensed and to comply with the requirements currently in place for ambulatory surgery centers except the requirement for a certificate of public need. The Board of Health may also waive certain structural requirements.

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. 1126 Abortion or miscarriage; intent to destroy unborn child, penalty.

Patron: Jones, S.C.

Producing abortion or miscarriage, etc.; penalty. Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means with intent to destroy her unborn child or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives or legally prescribed medication as a means of producing abortion or miscarriage. Current law does not with specificity include the pregnant female as a possible perpetrator.

H.B. 1128 Pharmacists; continuing education requirements.

Patron: Jones, S.C.

Board of Pharmacy; continuing education.  Allows the Board of Pharmacy to require two of the currently required 15 hours of continuing education to be in a specific subject area and exempts this requirement from the Administrative Process Act.  Also allows the Board to determine, in regulation, the number of continuing education hours required for inactive status.

H.B. 1135 Public schools; student's voluntary expression of a religious viewpoint.

Patron: Fralin

Expression of religious viewpoints in the public schools.  Provides that a student's voluntary expression of a religious viewpoint on an otherwise permissible subject must be not be discriminated against by local school divisions.

H.B. 1222 Charitable medical events; lack of notice to licensing board.

Patron: Bowling

Charitable medical events; lack of notice.  Amends criteria which a practitioner of the healing arts must meet in order to render free health care to an underserved population of Virginia, to require that the practitioner to notify the Board of the dates and location of services provided at least 5 business days prior to the voluntary provision of services.  This bill also provides that the board shall allow a practitioner of the healing who meets the statutory criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state. 

H.B. 1315 Informed consent for abortion; ultrasound required before performing to determine gestation age.

Patron: Byron

Informed consent: ultrasound required before performing abortion to determine gestation age.  Requires that, as a component of informed consent to an abortion and determination of gestation age, every pregnant female shall be given the opportunity to view an ultrasound image of her fetus prior to the abortion.

H.B. 1400 Minor's drug test; disclosure of results.

Patron: Pogge

Disclosure of minor's drug test results.  Provides that a parent, legal guardian or person standing in loco parentis may obtain the results of any drug test of a minor or a minor's health records, except when the minor's treating physician or the minor's treating clinical psychologist has determined in the exercise of his professional judgment that the disclose of heath records or the results of any drug test of the minor would be reasonably likely to cause substantial harm to the minor or another person.  This bill also provides that a minor shall not be deemed an adult of the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment, or rehabilitation for substance abuse.

H.B. 1498 Nursing home or facility beds; Health Commissioner may accept and issue applications therefor.

Patron: Kilgore

Commissioner to issue a Request For Applications, and to accept applications for 120 new nursing home or nursing facility beds in Planning District 3. Permits the Commissioner to issue a Request For Applications, and to accept applications for 120 new nursing home or nursing facility beds in Planning District 3. This bill also requires the Commissioner to consider, in issuing any certificate of public need for 120 beds, that an applicant proposes to establish a new nursing facility located within three miles of the boundary of the county seat or within the county seat of the county adjacent to the city or county in which is sited any facility in Planning District 3 determined by the Division of Certificate of Public Need to be licensed for 120 beds but that operated no Medicaid-certified beds in 2006.

H.B. 1526 Virginia Career Readiness Certification Program; created, report.

Patron: Byron

Virginia Career Readiness Certification Program; creation; report. Creates the Virginia Career Readiness Certification Program to certify the workplace and college readiness skills of Virginians, in order to better prepare them for continued education and workforce training, successful employment, and career advancement. The Virginia Workforce Council, in consultation with the Secretary of Education, shall promulgate regulations necessary to implement and administer the Program. Funding shall come from the Workforce Investment Act state, or such other source as shall be made available, in an amount not to exceed $1 million. The measure shall not become effective unless an appropriation of nongeneral funds is included in the 2008 appropriations act. SB 756 is identical.

H.B. 1543 Surgical complications; requires physicians to report.

Patron: Janis

Health records; surgical complications reporting. Requires physicians to report, in writing or by electronic means, each patient who comes under his professional care and requires medical treatment or suffers death that the physician has a reasonable basis to believe is the result of an elective outpatient surgical procedure.  Complications resulting from elective outpatient surgical procedures. This bill provides that the report shall not contain any identifying information.

H.B. 1556 Unborn child pain information; requires doctors to offer to anesthetize fetus prior to abortion.

Patron: Cline

Unborn child pain information.  Requires doctors to offer to anesthetize a fetus prior to abortion and to include in informational materials a statement that a fetus at 20 gestational weeks has the physical structures necessary to feel pain and react to physical stimuli in a manner that, in an infant or adult, would be interpreted as a response to pain.