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2008 SESSION

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Senate Committee on Education and Health
Subcommittee Health Care

Whipple (Chairman), Martin, Newman, Barker, Northam

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: February 19, 2008
Time and Place: Tuesday, 1/2 hr. after Senate adjourns, 4th Fl E, G.A.B.

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.

A BILL to amend and reenact § 54.1-3411.1 of the Code of Virginia, relating to donation of prescription medications.

088552592

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.

A BILL to amend and reenact § 54.1-2969 of the Code of Virginia, relating to parental notification of minor's mental health treatment.

088568600

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.

A BILL to amend and reenact § 32.1-283 of the Code of Virginia, relating to consent to remove transplantable organs and tissue.

084021408

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.

A BILL to amend and reenact § 32.1-283 of the Code of Virginia, relating to identification of body by next of kin.

088542784

Impact Statements

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.

A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to health records privacy; providing information after execution of search warrant.

081801520

Impact Statements

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.

A BILL to amend and reenact §§ 18.2-62, 32.1-37.2, 32.1-45.2, and 54.1-2403.01 of the Code of Virginia, relating to informed consent for testing for human immunodeficiency virus.

088549736

Impact Statements

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.

A BILL to amend and reenact § 54.1-2969 of the Code of Virginia, relating to blood donation by minors.

088535664

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.

A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to temporary detention orders being issued pursuant to the evaluation of an emergency physician.

088569432

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.

A BILL to amend and reenact § 54.1-2969 of the Code of Virginia, relating to disclosure of minor's drug test results.

080525686