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2011 SESSION

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Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Patty Lung, Jocelyn Lance
Staff: J.Eades, N.Cheuk
Date of Meeting: February 3, 2011
Time and Place: Thursday - 8:30 AM; Senate Room B, General Assembly Building

S.B. 810 Accreditation of schools; delayed implementation of certain statutes and regulations, etc.

Patron: Obenshain

Accreditation of schools; delayed implementation of certain statutes and regulations, etc. Provides for the delayed implementation of statutes and regulations upon which the accreditation of schools in the Commonwealth is based that were not already in effect on June 30, 2008, with the exception of the graduation and completion rate index, until July 1, 2012, unless such statutes or regulations are also specifically required by federal code, federal regulation, or court action.

A BILL to amend and reenact § 1 of Chapter 463 of the Acts of Assembly of 2009, as amended by Chapters 398 and 604 of the Acts of Assembly of 2010, relating to the delayed implementation of certain regulations and state statutes related to the accreditation of schools.

11102451D

S.B. 818 Certificate of public need; exempts construction of an outpatient radiation therapy facility, etc.

Patron: McEachin

Certificate of public need; exemption.  Exempts the construction of an outpatient radiation therapy facility, and the upgrade of the facility's equipment, from the certificate of public need requirements.

A BILL to authorize an exemption from the certificate of public need requirements.

11100532D

S.B. 840 Judicial review of school board decision; aggrieved person.

Patron: Petersen

Judicial review of school board decision; aggrieved person.  Provides that, for the purpose of judicial review, any parent, custodian, or legal guardian of a school-age child eligible to attend a school directly affected by an action of the local school board shall presumptively be considered to be aggrieved by such action.

A BILL to amend and reenact § 22.1-87 of the Code of Virginia, relating to judicial review of school board divisions.

11100449D

S.B. 865 Vital records; records becoming public after a certain amount of time having elapsed.

Patron: Blevins

Vital records; records becoming public.  Requires records of birth after 100 years have elapsed from the date of birth and records of death, marriage, or divorce certificates after 50 years have elapsed from the date of death, marriage, or divorce, to become public information.

A BILL to amend and reenact § 32.1-271 of the Code of Virginia, relating to disclosure of vital records.

11101705D

S.B. 906 Family life education; SOL objectives related to dating violence, etc., to be taught in school.

Patron: Deeds

Family life education; dating violence.  Requires the Standards of Learning objectives related to dating violence and the characteristics of abusive relationships to be taught at least once during middle school and at least twice during high school.

A BILL to require awareness of teen dating violence to be taught once in middle school and twice in high school.

11102660D

S.B. 1031 Public schools; allows local school divisions to keep any funds from State for use next year.

Patron: Barker

Public schools; unexpended funds.  Allows local school divisions to keep any unexpended funds from the Commonwealth or local sources for use the next year.

A BILL to amend and reenact § 22.1-100 of the Code of Virginia, relating to unexpended school funds.

11102745D

S.B. 1041 Breach of medical information; adds private entities are required to provide notice.

Patron: Barker

Notification of breach of medical information.  Extends the requirement to notify individuals of a breach of their medical information to all individuals and public and private entities, rather than just governmental agencies. The bill also allows the Attorney General to impose a civil penalty not to exceed $150,000 per breach of the security system.

A BILL to amend and reenact § 32.1-127.1:05 of the Code of Virginia, relating to breach of medical information.

11101449D

S.B. 1097 Continuing education for prescriber; completion of certain coursework for renewal, etc., of license.

Patron: Hanger

Continuing education for prescribers; substance abuse, addiction, and related pain management and prescribing practices.  Requires the Board of Dentistry, Board of Medicine, and Board of Optometry to require continuing education on the topics of substance abuse, addiction, and related pain management and prescribing practices for practitioners licensed by such Board who are authorized to prescribe controlled substances.

A BILL to amend and reenact §§ 54.1-2709, 54.1-2912.1, and 54.1-3219 of the Code of Virginia, relating to continuing education for prescribers; substance abuse, addiction, and related pain management and prescribing practices.

11101868D

S.B. 1116 Laboratory results; authority to provide directly to insurance carrier, etc.

Patron: Northam

Laboratory results; authority to receive directly.  Allows a laboratory, if so requested by the patient or his legal guardian, to provide a copy of the report of the results directly to the insurance carrier, health maintenance organization, or self-insured plan that provides health insurance or similar coverage to the patient.

A BILL to amend and reenact § 54.1-2409.4 of the Code of Virginia, relating to authority to receive laboratory results directly.

11103770D

S.B. 1146 Dentists; sedation and anesthesia permits.

Patron: Quayle

Dentists; sedation and anesthesia permits.  Requires any dentist who uses sedation or anesthesia in a dental office to obtain either a conscious/moderate sedation permit or a deep sedation/general anesthesia permit issued by the Board of Dentistry. Also requires the Board of Dentistry to promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2709.5, relating to sedation and anesthesia in dental offices.

11103674D

S.B. 1151 Surgical assistants; required to be licensed by Board of Medicine, Advisory Board created.

Patron: Quayle

Health professions; licensure of surgical assistants.  Requires surgical assistants to be licensed by the Board of Medicine and creates an Advisory Board on Surgical Assistants to assist with such licensure and regulation. A surgical assistant is an individual other than a licensed physician assistant, podiatrist assistant, nurse practitioner, clinical nurse specialist, dental hygienist, or registered nurse who, under the direct supervision of a qualified surgeon, directly performs significant surgical tasks including manipulating tissues or organs, manipulating or inserting subcutaneous sutures, placing hemostatic agents, injecting local anesthetic, harvesting veins, and implanting devices.

A BILL to amend and reenact § 54.1-2900 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 54.1-2956.12 through 54.1-2956.15, relating to licensure of surgical assistants.

11100428D

S.B. 1202 Health benefits exchanges; abortion coverage not permitted.

Patron: Obenshain

Health benefits exchanges; abortion coverage not permitted.  Prohibits any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in the Commonwealth pursuant to federal health care reform legislation from providing coverage for abortions. The prohibition does not apply to an abortion performed (i) when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or (ii) when the pregnancy is the result of an alleged act of rape or incest.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3401.1, relating to the offering of coverage for certain abortions through a health benefits exchange.

11101737D

S.B. 1207 Unborn children; constitutionally guaranteed rights.

Patron: Obenshain

Constitutionally guaranteed rights of unborn children.  Provides that unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth, subject only to the laws and constitutions of Virginia and the United States and precedents of the appellate courts of Virginia and of the United States.

A BILL to extend the constitutionally guaranteed rights of unborn children.

11103417D

S.B. 1214 Attorney General; investigation of complaints of abuse of person in care of others.

Patron: Smith

Attorney General; investigation of complaints. Provides that the Attorney General shall investigate complaints of alleged abuse or neglect of persons in the care or custody of others who receive payments for medical assistance under the state plan for medical assistance, regardless of whether the patient is a recipient of medical assistance.

A BILL to amend and reenact §§ 32.1-310 and 32.1-320 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 32.1 a section numbered 32.1-321.01, relating to Attorney General; investigation of complaints.

11102887D

S.B. 1217 Abortion; person who forces or coerces pregnant female against her will is guilty of misdemeanor.

Patron: Smith

Forced or coerced abortion prohibited; penalty.  Provides that any person who forces or coerces a pregnant female to have an abortion against her will is guilty of a Class 1 misdemeanor. The bill also creates a private right of action against the person who coerced her to have an abortion for the female herself and for the wrongful death of the unborn child.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-71.2, relating to a prohibition on forced or coerced abortion; penalty.

11102768D

S.B. 1219 Medical services at hospitals; charges by physician & surgeon who are not members of provider panel.

Patron: Barker

Charges by nonparticipating physicians at participating hospitals. Requires a hospital that is a participating provider under a health insurance policy, contract, or plan to notify enrollees who are admitted for hospitalization of any physicians or surgeons who provide medical services at the hospital in the regular course of their practice and who are not members of a provider panel under the contract, policy, or plan. Such nonparticipating physicians and surgeons are required to inform enrollees admitted for hospitalization that they do not participate in a provider panel under the policy, contract, or plan and that the enrollee may be liable for the portion of his charges that exceeds the amount paid by the carrier for his services. Such providers are prohibited from billing an enrollee for any amount by which their charges for covered services exceed the amount paid by the carrier for the services unless the enrollee consented in writing, prior to receiving such services, to the use of his services.

A BILL to amend the Code of Virginia by adding sections numbered 32.1-134.5 and 54.1-2962.3, relating to the provision of medical services at hospitals by nonparticipating physicians and surgeons; disclosures; liability of enrollees for charges in excess of insurer's payment to a provider.

11102971D

S.B. 1286 Medicaid; DMAS to continue efforts to expand managed care of recipients throughout State.

Patron: McWaters

Medicaid; managed care.  Directs the Department of Medical Assistance Services to continue efforts to expand managed care of Medicaid recipients throughout the Commonwealth, to the extent possible. The Department shall have a goal of achieving statewide managed care by July 1, 2012.

A BILL to continue to expand managed care of Medicaid recipients throughout the Commonwealth.

11101400D

S.B. 1317 Prescription requirements; treatment of sexually transmitted disease.

Patron: McEachin

Prescription requirements; treatment of sexually transmitted disease.  Allows a practitioner to prescribe antibiotic therapy to the sexual partner of a patient diagnosed with a sexually transmitted disease without the physical examination normally required.

A BILL to amend and reenact § 54.1-3303 of the Code of Virginia, relating to treatment of sexually transmitted disease.

11100344D

S.B. 1374 Social work; unlawful for person not licensed by Board of Social Work to use title social worker.

Patron: Lucas

Social work; title protection. Provides that it shall be unlawful for any person not licensed by the Board of Social Work to use the title "Social Worker" in writing or in advertising in connection with his practice unless he simultaneously uses the clarifying initials signifying a degree in social work. The bill provides exceptions for federally required and defined social workers in nursing homes and hospices and has a delayed effective date of July 1, 2013.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-3706.1, relating to the practice of social work.

11103207D

S.B. 1378 Unborn children; constitutionally guaranteed rights.

Patron: Stanley

Constitutionally guaranteed rights of unborn children.  Provides that unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth, subject only to the laws and constitutions of Virginia and the United States and precedents of the appellate courts of Virginia and of the United States.

A BILL to extend the constitutionally guaranteed rights of unborn children.

11100257D

S.B. 1418 State training centers & hospitals; same requirements for closure shall apply.

Patron: Edwards

Closure of state training centers.  Provides that the requirements for closure of state hospitals for persons with mental illness shall also apply to closure of state training centers for persons with mental retardation, including requirements for establishment of state and community consensus and planning teams, development of plans for the closure of the facility and provision of community-based services for residents of training centers, review by the Joint Commission on Health Care, and approval by the General Assembly.

A BILL to amend and reenact § 37.2-316 of the Code of Virginia, relating to closure of state training centers.

11104182D

S.B. 1419 Continuing education for prescriber; completion of certain coursework for renewal, etc., of license.

Patron: Reynolds

Continuing education for prescribers; substance abuse, addiction, and related pain management and prescribing practices.  Requires the Board of Dentistry, Board of Medicine, and Board of Optometry to require continuing education on the topics of substance abuse, addiction, and related pain management and prescribing practices for licensed practitioners who are authorized to prescribe controlled substances. The bill also requires the relevant Boards to seek to provide free online courses to fulfill this requirement.

A BILL to amend and reenact §§ 54.1-2709, 54.1-2912.1, and 54.1-3219 of the Code of Virginia, relating to continuing education for prescribers; substance abuse, addiction, and related pain management and prescribing practices.

11103542D

S.B. 1420 Controlled substances; mandatory reporting by prescriber.

Patron: Reynolds

Controlled substances; mandatory reporting.  Requires, rather than authorizes, prescribers of controlled substances to notify law enforcement when they have reason to suspect that a person has obtained or attempted to obtain a controlled substance or prescription for a controlled substance by fraud or deceit.

A BILL to amend and reenact § 54.1-3408.2 of the Code of Virginia, relating to reporting of unlawful attempts to obtain controlled substances.

11103543D

S.B. 1433 Nursing homes; notice of liability insurance coverage.

Patron: Stanley

Nursing homes; notice of liability insurance coverage.  Requires nursing homes, certified nursing facilities, and assisted living facilities to inform patients and residents about liability insurance available to pay claims of the patient or resident, and to report such information to the Commissioner of Health or the Commissioner of Social Services, as applicable.

A BILL to amend and reenact §§ 32.1-127, 32.1-138, 63.2-1805, and 63.2-1808 of the Code of Virginia, relating to nursing homes; notice of liability insurance coverage.

11102686D

S.B. 1434 Certificate of public need; addition of nursing facility beds in Planning District 11.

Patron: Smith

Certificate of public need; nursing home beds in Planning District 11.  Allows the Commissioner of Health to issue a certificate of need for a new 90-bed nursing home in Planning District 11, provided that (i) any such nursing home facility application also proposes the replacement and relocation of all nursing home beds of an existing nursing home located in Planning District 11, licensed as of December 31, 2010, of no more than 45 licensed beds, all of which shall be relocated to the new 90-bed nursing home; (ii) Virginia Health Information has reported that the fiscal year 2009 occupancy rate of the nursing home to be replaced was at least 85 percent; and (iii) such new 90-bed nursing home is be located in the city or county that is adjacent to the city or county of the nursing home that shall be replaced and relocated. This bill contains an emergency clause.

A BILL to authorize a certain certificate of public need in Planning District 11.

11104194D

EMERGENCY

S.B. 1435 Abortion; shall undergo ultrasound imaging and view image of her fetus.

Patron: Smith

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

A BILL to amend and reenact § 18.2-76 of the Code of Virginia, relating to notice of ultrasound requirement and an offer to view ultrasound image as part of informed consent.

11103963D

S.B. 1439 Tuition Assistance Grant Program; amends criteria for higher educational institutions.

Patron: Herring

Tuition Assistance Grant Program.  Amends the criteria for institutions of higher education to be eligible to receive tuition assistance on behalf of eligible students. For an institution to be eligible, the institution must have either been receiving such funds as of January 1, 2011, or be a private, nationally recognized, regionally accredited, and nonprofit institution of collegiate education that is formed, chartered, or established within the Commonwealth. The bill requires the State Council of Higher Education to keep a current, and periodically updated, list of such institutions.

A BILL to amend and reenact §§ 23-38.12 and 23-38.13 of the Code of Virginia, relating to the Tuition Assistance Grant Program.

11104198D

S.B. 1448 Cambridge Advanced Exams; governing boards to implement policies regarding granting of credit.

Patron: Barker

Cambridge Advanced Exams; course credit.  Requires the governing boards of each public institution of higher education to implement policies regarding the granting of credit for Cambridge Advanced Exams. The bill also clarifies that students should be eligible for credit for International Baccalaureate and Advanced Placement examinations, not courses.

A BILL to amend and reenact § 23-9.2:3.8 of the Code of Virginia, relating to Cambridge Advanced Exams.

11104190D

S.B. 1449 Bisphenol A-Free Children and Babies Act; created, prohibiting sale of certain child-care products.

Patron: Barker

Sale of certain products containing Bisphenol A prohibited.  Prohibits the sale of child-care products containing Bisphenol A in the Commonwealth. A "child-care product" means a consumer product designed or intended primarily for children three years of age or younger.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 50, consisting of sections numbered 59.1-550, 59.1-551, and 59.1-552, relating to prohibiting the sale of certain products containing Bisphenol A.

11103912D

S.B. 1464 Medicaid; eligibility for legal permanent residents.

Patron: Whipple

Medicaid; legal permanent residents.  Requires the state plan to include a provision for payment of medical assistance services delivered to permanent residents who have been legally present in the United States for the federally required five-year waiting period and meet all other eligibility requirements.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to Medicaid eligibility for legally present individuals.

11104184D

S.B. 1470 Sexually violent predators; conditional release of those civilly committed.

Patron: Hanger

Sexually violent predators; civil commitment.  Provides that the Department of Behavioral Health and Developmental Services and the Attorney General's Office shall examine, as possible components of conditional release of civilly committed sexually violent predators, the feasibility of the use of physical castration as a treatment option and the use of residential housing facilities, operated by the Commonwealth or by private providers contracted with the Commonwealth on property owned by the Commonwealth, and shall report the results of the examination to the Governor and the General Assembly by December 1, 2012. The bill also directs the Department to review the offenses that qualify as sexually violent offenses, the Department's process for evaluation of individuals to determine whether they meet the criteria for treatment as sexually violent predators, and the Commonwealth's program for treatment of sexually violent predators to determine whether changes may be made to reduce the cost of treatment and care of sexually violent predators while protecting the safety and welfare of citizens of the Commonwealth.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 37.2 a section numbered 37.2-922, relating to conditional release of civilly committed sexually violent predators.

11104189D

S.B. 1480 Teachers; those seeking renewal of license to complete study of civics education.

Patron: Marsden

Teacher training; civics education.  Clarifies the requirement that any teacher seeking renewal of a license with an endorsement in middle education 6-8 complete study of the structures, function, and powers of state and local government of Virginia and the importance of citizen participation in the political process in state and local government of Virginia only if such endorsement has a concentration in history and social sciences. Also, the bill provides that the requirement shall also apply to a holder of a previous version of an elementary, middle school, or secondary license and who is renewing such license, if such teacher's responsibilities include the teaching of social studies and/or history, civics, geography or economics.

A BILL to amend and reenact § 2 of the first enactment of Chapter 814 of the Acts of Assembly of 2010, relating to civics education training for certain educators.

11104437D