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2010 SESSION

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Senate Committee on Education and Health
Subcommittee Health Licensing

Quayle (Chairman), Lucas, Martin, Barker, Northam

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 21, 2010
Time and Place: Thursday, 1/2 hr. after adjournment, 4 E Conference Rm, G.A.B.

S.B. 58 Certificate of public need; Commissioner of Health to issue addition of beds for nursing homes.

Patron: Martin

Certificate of Public Need; exception.  Requires the Commissioner of Health to accept and review and authorizes the Commissioner of Health to issue certificates of public need for the addition of up to 10 Medicaid-eligible beds for nursing homes that are operated not for profit, are located in Planning District 15 but accept patients from areas of the Commonwealth outside of the planning district, and provide care for patients regardless of ability to pay.

S.B. 187 Anti-epileptic drug; prohibits pharmacist from dispensing without prior notification from physician.

Patron: Northam

Certain prescriptions; substitutions prohibited.  Prohibits a pharmacist from dispensing a therapeutically equivalent drug product for a prescription for an anti-epileptic drug without prior notification of, and the signed informed consent for, such substitution from the prescribing physician and the patient or his legal guardian or representative.

S.B. 195 Physical therapy; advertising prohibited if not a licensed physical therapist or assistant.

Patron: Northam

Physical therapy; advertising. Provides that it shall be unlawful for any person to advertise or promote services as "physical therapy" or "physiotherapy" unless such services are provided by a licensed physical therapist or physical therapist assistant.

S.B. 263 Nurse practitioners; moves responsibility for licensure and regulation to Board of Nursing.

Patron: Whipple

Nurse practitioners; licensure.  Moves responsibility for licensure and regulation of nurse practitioners from the Boards of Medicine and Nursing jointly to the Board of Nursing.  Also, creates the Advisory Board on Nurse Practitioners and removes certain physician supervision requirements.

S.B. 470 Certificate of Public Need; definition of project.

Patron: Miller, J.C.

Certificate of Public Need; definition of project. Provides that the relocation of no more than 10 nursing home beds or 10 percent of the beds, whichever is less, from one facility to another facility under common ownership or control that is located in an adjacent planning district shall not constitute a "project" and shall be exempt from the requirement of a certificate of public need, provided that the facility to which the beds will be relocated is in compliance with all other laws governing such facilities and, as of December 31 of the year preceding the year in which relocation is proposed, (i) the occupancy rate of the facility from which beds are to be relocated was, based upon the total number of beds for which the facility is licensed, less than 90% for that preceding year; (ii) the average occupancy rate of the facility to which beds are to be relocated was, based upon the total number of beds for which the facility is licensed, 95% or more over the previous two years; and (iii) prior to the transfer, the facility to which the beds are to be relocated was licensed for 50 or fewer nursing home beds.