SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2011 SESSION

  • print version
Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Patty Lung, Jocelyn Lance
Staff: J.Eades, N.Cheuk
Date of Meeting: February 17, 2011
Time and Place: Thursday - 8:30 AM; Senate Room B, General Assembly Building

H.B. 1416 Instructional spending; expenditures and reports.

Patron: Loupassi

Expenditures and reports on instructional spending.  Requires each local school board to allocate 65 percent of its operating budget to instructional spending. Local school boards must report annually to the Board of Education the percentage of their operating budgets allocated to instructional spending. Any school board that fails to meet the 65 percent requirement must present a plan to the Board of Education to increase instructional spending by 0.5 percent in the following fiscal year. School boards failing to submit such a plan must be audited by the Auditor of Public Accounts, who is required to submit a report to the Board with any recommendations he deems appropriate concerning how such school boards can increase their instructional spending. In addition, the Board must report annually to the House Committee on Appropriations and the Senate Committee on Finance the amount of spending allocated by the local school boards to instructional spending based on the school boards' annual reports to the Board of Education.

A BILL to amend the Code of Virginia by adding sections numbered 22.1-18.2 and 22.1-90.1, relating to instructional spending in the classroom.

11100295D

H.B. 1419 Human papillomavirus vaccination; eliminates requirement of vaccination for female children.

Patron: Byron

Human papillomavirus vaccination; eliminates requirement.  Eliminates the requirement for vaccination against human papillomavirus for female children.

A BILL to amend and reenact § 32.1-46 of the Code of Virginia, relating to human papillomavirus vaccination; eliminating requirement.

11100500D

H.B. 1428 Abortion clinics; licensure and regulation.

Patron: Bell, Richard P.

Abortion clinics; licensure and regulation. 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 regulated by the Board of Health.

A BILL to amend and reenact §§ 32.1-102.1, 32.1-123, 32.1-125, 32.1-125.1, 32.1-126, 32.1-127, 32.1-129, 32.1-130, 32.1-133, and 32.1-135 of the Code of Virginia, relating to regulations and licensure of abortion clinics.

11100342D

H.B. 1440 Unborn children; construing the word "person" under Virginia law to include.

Patron: Marshall, R.G.

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, precedents of the United States Supreme Court, and provisions to the contrary in the statutes of the Commonwealth.

 A BILL to construe the word "person" under Virginia law, including, but not limited to, Va. Code Ann. § 8.01-50, to include unborn children.

11104892D

H.B. 1456 Certificate of public need; authorization of certain amendment.

Patron: Knight

Certificate of public need; authorization of certain amendment.  Authorizes the Commissioner of Health to accept and approve a request to amend the conditions of a certificate of need issued for an increase in beds in which nursing facility or extended care services are provided to allow such facility to continue to admit persons, other than residents of the cooperative units, to its nursing facility beds when such facility (i) is operated by an association described in § 55-458; (ii) was created in connection with a real estate cooperative; (iii) offers its residents a level of nursing services consistent with the definition of continuing care in Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2; and (iv) was issued a certificate of need prior to October 3, 1995.

A BILL to amend a certain certificate of public need.

11100273D

H.B. 1483 School calendar; certain school divisions granted waiver from regular opening schedule.

Patron: Cleaveland

School calendar.  Adds to the "good cause" circumstances for which school divisions may be granted a waiver from the post-Labor Day school opening schedule a school division that is entirely surrounded by school divisions that have an opening date prior to Labor Day in the school year for which the waiver is sought.

A BILL to amend and reenact § 22.1-79.1 of the Code of Virginia, relating to the opening of the school year in certain school divisions.

11100481D

H.B. 1493 Career and technical education; industry certification is mandatory.

Patron: Greason

Career and technical education; industry certifications.  Provides that where there is a national industry certification for career and technical education instructional personnel or program, the Board of Education must make such certification a mandatory part of the career and technical education program.  The bill has a delayed effective date of July 1, 2012.

A BILL to amend and reenact § 22.1-227.1 of the Code of Virginia, relating to career and technical education industry certifications.

11101398D

H.B. 1535 Licensure or certification by Board of Medicine, etc.; consideration of military experience.

Patron: Merricks

Licensure or certification by the Board of Medicine or Board of Nursing; consideration of military training and experience.  Provides that the Boards of Medicine and Nursing shall consider and may accept relevant practical experience and didactic and clinical components of education and training completed by an applicant for licensure as a respiratory care practitioner, occupational therapist, radiologist assistant, radiologic technologist, radiologic technologist, limited, registered nurse, and practical nurse and for certification as a nurse aide as evidence of satisfaction of the educational requirements for licensure or certification, as appropriate.

A BILL to amend and reenact §§ 54.1-2951.1, 54.1-2954.1, 54.1-2956.1, 54.1-2956.8:2, 54.1-3017, 54.1-3020, and 54.1-3023 of the Code of Virginia, relating to licensure or certification by Board of Medicine or Board of Nursing; consideration of military training and experience.

11104321D

H.B. 1548 Parental notification; school board policy violations.

Patron: Kory

Parental notification; school board policy violations.  Requires the school principal, or designee, to notify the parents of a student who violates a school board policy or the compulsory school attendance requirements when such violation is likely to result in the student's suspension or the filing of a court petition.

A BILL to amend and reenact § 22.1-279.3 of the Code of Virginia, relating to parental notification of violations of school board policy.

11100896D

H.B. 1554 Accreditation of schools; delayed implementation of certain statutes and regulations, etc.

Patron: Wilt

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 and the economic and financial literacy requirement, until July 1, 2012, unless such statutes or regulations are also specifically required by federal code, federal regulation, or court action.  This bill incorporates HB 2378 (Pogge).

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.

11104950D

H.B. 1559 Audiologists; those with doctoral degree shall not be required to pass exam to obtain a license.

Patron: Scott, E.T.

Audiologists; sale of hearing aids.  Exempts audiologists with a doctoral degree in audiology licensed to practice in Virginia from the examination requirement for issuance of a license to engage in the practice of fitting or dealing in hearing aids.

A BILL to amend and reenact § 54.1-1501 of the Code of Virginia, relating to audiologists; sale of hearing aids.

11100897D

H.B. 1626 Onsite sewage systems; voluntary upgrades.

Patron: Knight

Onsite sewage systems; voluntary upgrades.  Allows the owner of an onsite or alternative discharging sewage system that is not failing to obtain a construction permit to improve the system, in accordance with regulations of the Board of Health, provided such upgrade is for the purposes of reducing threats to the public health, or to ground and surface waters, including the reduction of nitrogen discharges. The bill contains an emergency clause.

A BILL to amend and reenact § 32.1-164.1:1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-164.1:3, relating to permits for voluntarily upgrading onsite sewage systems.

11102200D

EMERGENCY

H.B. 1642 Dental school faculty; licensure.

Patron: O'Bannon

Dental school faculty; licensure.  Provides that the Board of Dentistry may issue a faculty license to a faculty member of an accredited dental program who is (i) a graduate of a dental school or college or dental department of a college or university, is licensed to practice dentistry in another state and has never been licensed in Virginia, or (ii) a graduate of a dental school or college or dental department of a college or university, has completed an advanced dental education program, and has never been licensed in Virginia. This bill also provides that faculty licenses issued by the Board and temporary licenses issued by the Board for persons enrolled in advanced dental education programs, serving as dental interns or residents, or post-doctoral certificate or degree candidates shall be for patient care activities associated with the educational program and that take place within facilities owned or operated by or affiliated with the dental school or program.

A BILL to amend and reenact §§ 54.1-2709, 54.1-2711.1, 54.1-2712, 54.1-2713, 54.1-2714, and 54.1-2725 of the Code of Virginia and to repeal § 54.1-2714.1 of the Code of Virginia, relating to the licensure of dental school faculty.

11104266D

H.B. 1643 Certificate of public need; Commissioner of Health to issue for certain nursing home beds.

Patron: O'Bannon

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 nursing home beds for a certified nursing home licensed for less than 60 beds, which is operated not for profit, is located in Planning District 15 but accepts patients from areas of the Commonwealth outside of the planning district, and provides care for patients regardless of ability to pay.

A BILL to require the Commissioner of Health to accept applications and to authorize the Commissioner to issue certificates of public need for certain nursing home beds.

11103435D

H.B. 1644 Public schools; physical education requirement, exception.

Patron: O'Bannon

Public schools; physical education requirement.  Requires at least 150 minutes of physical education per week on average during the regular school year for grades K through eight, with a similar goal for high school students. This requirement would go into effect beginning with the 2014 -2015 school year, and would not apply to any half-day kindergarten program.  This bill incorporates HB 1710 (Howell, A. T. ).

 A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, relating to physical education in elementary and middle schools.

11104651D

H.B. 1790 Discharge from a training center; consent of legal authorized responsible person required.

Patron: Tata

Discharge from a training center; consent of parent, guardian, or responsible person required.  Provides that a consumer in a training center shall only be discharged upon consent of the consumer or, if the consumer lacks capacity to consent, upon the consent of his legally authorized representative, and following disclosure of information regarding the actual availability and accessibility of services sufficient to meet the needs of the consumer in the community. The provisions of this bill shall not become effective unless reenacted by the 2012 Session of the General Assembly. 

A BILL to amend and reenact § 37.2-837 of the Code of Virginia, relating to discharge from a training center.

11101493D

H.B. 1836 Infants; blood sample provided to parents.

Patron: O'Bannon

Hospitals; DNA sampling of infants  Requires every hospital providing maternity care to offer to obtain a sample of blood from an infant born at the hospital and provide that sample to the mother of the infant.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-134.02, relating to hospitals; blood samples of infants.

11104739D

H.B. 1841 Obstetrical and pediatric pilot programs; annual report.

Patron: Howell, A.T.

Obstetrical and pediatric pilot programs; annual report.  Repeals the requirement for the Department of Health to annually report to the Joint Commission on Health Care on the impact and effectiveness of certain obstetrical and pediatric pilot programs in underserved areas.

A BILL to amend and reenact § 32.1-11.5 of the Code of Virginia, relating to annual reporting on pilot programs for obstetrical and pediatric care in underserved areas.

11101346D

H.B. 1868 Adult adopted person; access to identifying information.

Patron: Toscano

Adult adopted person; access to identifying information.  Requires the State Registrar of Vital Records to make an adult adopted person's original certificate of birth available to the adult adopted person for inspection and copying upon order of the Commissioner of Social Services or order of a circuit court. This bill also provides that if a circuit court corrects or establishes a date of birth for a person born in a foreign country during an adoption proceeding or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate of birth showing the date of birth established by the court.  

 A BILL to amend and reenact § 32.1-261 of the Code of Virginia, relating to adult adopted persons; access to identifying information.

11105005D

H.B. 1910 Cambridge Advanced Exams; course credit.

Patron: Miller, J.H.

Cambridge Advanced (A/AS) 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 (A/AS) examinations. The bill also provides that each institution's policy for course credit for Cambridge Advanced (A/AS) courses must be comparable to its policies for granting course credit for Advanced Placement courses.

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

11105000D

H.B. 1911 School buses; installation of video-monitoring systems thereon by school boards.

Patron: Miller, J.H.

Video-monitoring system; school bus violations. Authorizes local school boards to authorize the installation and use of install and operate videomonitoring systems on school buses.

A BILL to amend and reenact § 22.1-177 of the Code of Virginia, relating to installation and use of video monitoring systems on school buses.

11105112D

H.B. 1940 Restaurant regulations; exemption for certain nonprofit fund-raisers.

Patron: Pollard

Restaurant regulations; exemption for certain nonprofit fund-raisers.  Allows localities to adopt ordinances exempting nonprofit organizations selling food at fund-raisers from restaurant regulations.

A BILL to amend and reenact § 35.1-26 of the Code of Virginia, relating to an exemption from restaurant regulations.

11100949D

H.B. 1960 Tuition Assistance Grant Program; amends criteria to be eligible to receive tuition assistance.

Patron: Rust

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, not admitted to the program as of January 1, 2011, to be eligible, (i) it must be formed, chartered, established, or incorporated within the Commonwealth; (ii) have their principal place of business within the Commonwealth; (iii) conduct their primary educational activity within the Commonwealth; and (iv) be accredited by a nationally recognized regional accrediting agency. The bill defines "principal place of business" and a second enactment clause provides that bill shall not alter the eligibility criteria for participation in the tuition assistance grant program for any nonprofit institution of collegiate education that had an application pending with SCHEV as of January 1, 2011.

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

11104609D

H.B. 2009 Open enrollment policy; any pupil residing in school division may attend school of choice.

Patron: LeMunyon

Open enrollment policies; local school divisions.  Provides that local school divisions may have policies that provide for the open enrollment to any school of any pupil residing within the school division upon the request of a parent or guardian. The bill describes optional criteria for local school boards to consider when developing any such plan.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 22.1 a section numbered 22.1-7.1, relating to enrollment in public schools.

11104850D

H.B. 2013 Community services boards; Commissioner to establish workgroup to develop a drug formulary for use.

Patron: Pogge

Community services boards; drug formulary.  Requires the Commissioner of Behavioral Health and Developmental Services to establish and maintain a committee composed of representatives of the Department of Medical Assistance Services, state facilities operated by the Department, community services boards, and at least one health insurance plan, and at least one consumer to develop a drug formulary for use at all community services boards, state facilities operated by the Department, and providers licensed by the Department, and provides that the Department shall do so no later than July 1, 2011.

A BILL to amend and reenact § 37.2-304 of the Code of Virginia, relating to development of a drug formulary for use in community services boards.

11104736D

H.B. 2035 Medicaid fraud; restitution.

Patron: Peace

Medicaid fraud; restitution.  Requires the court to order restitution to be made to the Department of Medical Assistance Services for any loss caused by a felony conviction of making a false statement or representation in applications for payment under Medicaid.

A BILL to amend and reenact § 32.1-314 of the Code of Virginia, relating to restitution for Medicaid fraud.

11102780D

H.B. 2037 Social work; unlawful for person not licensed by Board of Social Work to use title social worker.

Patron: Peace

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.

11103814D

H.B. 2147 Health benefits exchanges; abortion coverage not permitted.

Patron: Cline

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.

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.

11103008D

H.B. 2218 Health care providers; third-party reimbursement programs.

Patron: Stolle

Health care providers; third-party reimbursement programs.  Clarifies that physicians shall not be required to participate in any public or private third-party reimbursement program as a condition of licensure.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.3, relating to requirements for a license to practice medicine.

11100299D

H.B. 2256 Schedule II drugs; identification required for filling prescriptions.

Patron: Nutter

Schedule II drugs; identification required in filling prescriptions. Specifies that certain duties imposed upon a pharmacist in the delivery of Schedule II drugs may be undertaken by the agent of the pharmacist. The bill also provides that if the person seeking to take delivery of a drug listed on Schedule II pursuant to a prescription is not the patient for whom the drug is prescribed and the person is not known to the pharmacist or his agent, the pharmacist or his agent shall either make a photocopy or electronic copy of the person's identification or record the full name and address of the person. The bill also reduces the period of time for which the pharmacist must maintain records of the names and addresses or copies of the proof of identification of persons taking delivery of Schedule II drugs when they are not the person for whom the drug is prescribed from on year to one month.

A BILL to amend and reenact § 54.1-3420.1 of the Code of Virginia, relating to identification required for filling prescriptions.

11104753D

H.B. 2279 Emergency medical services personnel; certification of applicants.

Patron: Keam

Emergency medical services personnel; certification.  Requires the Commissioner of Health to consider relevant practical experience, education, and training completed by an applicant for certification as emergency medical services personnel; provides that the Commissioner may accept such experience, education, and training as satisfying the requirements for certification; and requires the Board of Health to establish criteria for determining when an applicant's experience, education and training satisfies the requirements for certification.

A BILL to amend and reenact § 32.1-111.5 of the Code of Virginia, relating to emergency medical services personnel; certification.

11102965D

H.B. 2292 Health records; electronic access.

Patron: Sickles

Health records; electronic access.   Provides that health records, disclosure of which have been authorized by a patient or as otherwise allowed by state law, shall be made available electronically but only to the extent and in the manner authorized by federal law, except that a health care entity shall not be obligated to provide records in the electronic format requested if (i) the electronic format is not reasonably available without additional cost to the health care entity, (ii) the records would be subject to modification in the format requested, or (iii) the health care entity determines that the integrity of the records could be compromised in the electronic format requested.

A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to electronic access to health records.

11104612D

H.B. 2315 Breach of medical information; adds private entities are required to provide notice.

Patron: Byron

Notification of breach of medical information.  Adds private entities to the list of those entities that are required to provide notice of a database breach involving medical information. Current law applies to state and local governmental entities only. Any entity, public or private, that is required to provide similar notice pursuant to federal law would be exempt from the state requirement.

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

11103065D

H.B. 2326 Waterworks systems; regulation.

Patron: Lingamfelter

Water companies. Authorizes the Board of Health's regulations for determining the amount of bonds or escrowed funds required of licensed water suppliers to be based on the age and condition of the system infrastructure and the cost of maintaining, repairing, or replacing such infrastructure. The Board or a local governing body may proceed against the bond or escrowed fund upon the revocation of a waterworks operation permit.

A BILL to amend and reenact § 32.1-174.1 of the Code of Virginia, relating to the regulation of waterworks systems.

11105036D

H.B. 2384 Medicaid Works program; DMAS to increase maximum allowable earnings for individuals.

Patron: Orrock

Medicaid Works program; maximum allowable earnings.  Requires the Department of Medical Assistance Services to increase the maximum allowable gross earnings for individuals participating in the Medicaid Works program established pursuant to § 1902(a)(10)(A)(ii)(XV) of the Social Security Act to the maximum gross income amount allowed by the Ticket to Work and Work Incentives Improvement Act of 1999 that does not trigger collection of mandatory premiums.

A BILL to require the Department of Medical Assistance Services to increase the maximum allowable earnings for individuals participating in the Medicaid Works program.

11104653D

H.B. 2439 Driver education; school boards in Planning District 8 to make available to certain students.

Patron: Sickles

Driver education in Planning District 8; nonpublic school students.  Requires school boards in Planning District 8 to make the 90-minute parent/student driver education component available to all students and their parents or guardians who are in compliance with the compulsory school attendance statute.

A BILL to amend and reenact § 22.1-205 of the Code of Virginia, relating to driver education programs in Planning District 8.

11103983D

H.B. 2453 Certificate of public need; addition of nursing facility beds in Planning District 11, etc.

Patron: Garrett

COPN; addition of nursing facility beds in Planning District 11.  Requires the Commissioner of Health to issue a Request for Applications for, and authorizes the Commissioner to issue a certificate of public need for, the addition of up to 50 nursing facility beds in certain nursing facilities in Planning District 11.

A BILL to require the Commissioner of Health to issue a Request for Applications for, and to authorize the Commissioner to issue a certificate of public need for, the addition of up to 50 nursing facility beds in Planning District 11.

11104682D

EMERGENCY

H.B. 2494 Standards for Accreditation; any school board may seek approval of alternative plan for its schools.

Patron: Scott, E.T.

Standards for Accreditation; alternative accreditation.  Provides that any school board, on behalf of one or more of its schools, may request from the Board of Education releases from state regulations and approval of an individual School Accreditation Plan.

A BILL to amend and reenact § 22.1-253.13:3 of the Code of Virginia, relating to accreditation of certain schools.

11104849D

H.B. 2515 Health records; disclosure requirements.

Patron: BaCote

Health records; disclosure requirements.  Clarifies that a health care entity is required to share, at the request of the subject of the records, health records with other health care entities, in the format requested by the individual in the manner authorized by the federal law unless (i) the electronic format is not reasonably available without additional cost to the health care entity, (ii) the records would be subject to modification in the format required, or (iii) the health care entity determines that the integrity of the records could be compromised in the electronic format requested.

A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to sharing of health records.

11103304D