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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: February 18, 2010
Time and Place: Thursday, 1/2 hr. after adjournment, 3 E Conf. Rm, G.A.B.

H.B. 143 Practitioner self-referral; clarifies those that may make a referral.

Patron: O'Bannon

Practitioner self-referral. Clarifies when a health care practitioner may make a referral to an entity in which he or an immediate family member is an investor.

H.B. 286 Schedule VI prescriptions; allows practitioner to prescribe if there is an urgency for treatment.

Patron: Dance

Schedule VI prescriptions; certain infectious diseases. Authorizes a health care practitioner to prescribe Schedule VI antibiotics and antiviral agents to a person in close contact with a diagnosed patient of the practitioner without first conducting a physical examination of the person when the practitioner has a bona fide practitioner-patient relationship with the diagnosed patient, the practitioner meets all requirements for a bona fide practitioner-patient relationship with the person in close contact with the diagnosed patient other than the requirement for a physical examination, the practitioner believes that there is urgency to begin treatment to prevent transmission of a communicable disease, and emergency treatment is necessary to prevent imminent risk of death, life-threatening illness, or serious disability.

H.B. 308 Mobile dental clinics; Board of Dentistry to develop regulations.

Patron: O'Bannon

Regulation of mobile dental clinics. Requires the Board of Dentistry to develop regulations for the registration of mobile dental clinics and other portable dental operations.

H.B. 371 Certificate of public need; establishment of psychiatric services.

Patron: Shuler

COPN exception; establishment of a psychiatric service. Provides that the Commissioner shall accept and review applications in any certificate of public need Batch Group G review cycle and may issue certificates of public need for the establishment of psychiatric services resulting from a relocation of psychiatric beds from one hospital in Planning District 5 to another hospital in Planning District 5. This bill also provides that no psychiatric beds relocated from one hospital to another hospital in Planning District 5 pursuant to such certificate of public need shall be converted to any other use than inpatient psychiatric care.

H.B. 415 Certificate of public need; relocation of nursing homes beds from one facility to another facility.

Patron: Oder

Certificate of Public Need; exception. 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 percent 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 percent 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. This bill is identical to SB 470.

H.B. 662 Health professions; disciplinary actions.

Patron: Morrissey

Health professions; disciplinary actions. Amends the disciplinary authority of the Department of Health Professions and its regulatory boards to (i) authorize the boards to accept the surrender of a license in lieu of disciplinary action, (ii) authorize a panel of a board to consider the recommendation of an agency subordinate, (iii) conform the prohibition on licensure reinstatement to the Nurse Licensure Compact, and (iv) allow the Department to immediately suspend a license in response to disciplinary action or felony convictions in any jurisdiction, or in response to license surrender in lieu of disciplinary action.

H.B. 725 Polysomnographic Technology, Advisory Board on; established.

Patron: Peace

Polysomnographic technologist; license required. Provides that no person shall practice as a polysomnographic technologist or to assume the title "licensed polysomnographic technologist," "polysomnographic technologist," or "licensed sleep tech" unless such person is licensed by the Board of Medicine. This bill also creates the Advisory Board on Polysomnographic Technology to assist the Board in establishing the qualifications, examination, and other requirements for the regulation of licensed polysomnographic technologists.

H.B. 1285 Certificate of public need; Department of Health to provide public notice.

Patron: Orrock

Certificate of public need; public notice.  Clarifies the role of the Department of Health regarding public hearings, including public notification of public hearings, for applications for certificates of public need in cases in which a regional health planning agency has not been designated.