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2011 SESSION

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Senate Committee on Education and Health
Subcommittee Health Licensing

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

Clerk: Patty Lung, Jocelyn Lance
Staff: J.Eades, N.Cheuk
Date of Meeting: January 20, 2011
Time and Place: Thursday, 1/2 hr. after adjournment, 3 E Conf. Rm, G.A.B.

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.

S.B. 924 Hospitals, nursing homes, etc.; regulations required of Board of Health.

Patron: McDougle

Board of Health; regulation of facilities.  Requires the Board of Health to promulgate regulations containing minimum standards for policies related to infection prevention, disaster preparedness, and facility security of hospitals, nursing homes, and certified nursing facilities.

S.B. 986 Certificate of public need; exempts Veterans Services facilities.

Patron: Locke

Certificate of public need; exempts Veterans Services facilities. Exempts any facility of the Department of Veterans Services from the certificate of public need requirements.

S.B. 1014 Dental hygienists; extension of educational and preventive care protocol.

Patron: Puckett

Dental hygienists; extension of educational and preventive care protocol.  Extends for one year the protocol allowing dental hygienists to provide educational and preventive dental care in the Lenowisco, Cumberland Plateau, and Southside Health Districts, which are designated as Virginia Dental Health Professional Shortage Areas by the Department of Health. The bill also delays the report required until January 1, 2012.

S.B. 1039 Certificate of public need; removes exception to COPN requirements for certain nursing facilities.

Patron: Barker

Certificate of public need; nursing facilities.  Removes an exception to the COPN requirements for certain nursing facilities, and clarifies provisions allowing certain nursing facilities in continuing care retirement communities to participate in the Medical Assistance Program.

S.B. 1097 Continuing education for prescribers; substance abuse, addiction, and related pain management.

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.

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.

S.B. 1149 Certificate of public need; amendment authorized.

Patron: Quayle

Certificate of public need; amendment authorized.  Allows the Commissioner of Health to accept and approve a request to amend the conditions of a certificate of public need issued to a continuing care provider registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 of the Code of Virginia in which nursing facility or extended care services are provided to allow such continuing care provider to continue to admit community patients, other than contract holders, to its nursing facility beds through December 31, 2014, if the following conditions are met: (i) the facility is located within the City of Suffolk and operated as a not-for-profit and (ii) the facility's contract holder occupancy rate is less than 85 percent at the time of such application.

S.B. 1150 Schedule II drugs; identification required in filling prescriptions.

Patron: Quayle

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 makes discretionary provisions enacted in 2010 requiring that a pharmacist record the name and address of any person who seeks to fill a prescription for a Schedule II drug if the person is not the patient for whom the drug is prescribed, make photocopies of proof of identity and maintain records of names and addresses. The bill eliminates the requirement that copies of identification documents be kept for at least one year.

S.B. 1151 Health professions; licensure of surgical assistants.

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.

S.B. 1212 Certificate of public need; amendment authorized.

Patron: Smith

Certificate of public need; amendment authorized.  Allows the Commissioner of Health to approve a request to amend the conditions of a certificate of public need issued to a continuing care provider registered with the State Corporation Commission in which nursing facility or extended care services are provided to allow such continuing care provider to continue to admit community patients, other than contract holders, to its nursing facility beds through December 31, 2014, if the following conditions are met: (i) the facility is located within the County of Botetourt and operated as a not-for-profit and (ii) the facility's contract holder occupancy rate is less than 85 percent at the time of such application.

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.

S.B. 1245 Registered nurses; provisional licensure.

Patron: Vogel

Registered nurses; provisional licensure.  Allows the Board of Nursing to issue a provisional license to an applicant for licensure as a registered nurse who has met the educational and examination requirements for licensure, in order to allow the applicant to obtain clinical experience. A person practicing under a provisional license shall only practice under the supervision of a licensed registered nurse, in accordance with regulations established by the Board.

S.B. 1311 Dental school faculty; licensure.

Patron: McEachin

Dental school faculty; licensure.  Revises several provisions related to temporary licenses for dental school faculty who are not otherwise licensed to practice dentistry in the Commonwealth.

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.

S.B. 1321 Certificate of public need; relocation of nursing home beds.

Patron: Newman

Certificate of public need; relocation of nursing home beds.  Allows an entity that has relocated nursing home beds in certain circumstances and thereafter closed the facility to, within 36 months of such closure, relocate the remaining beds to another facility, either existing or new, under common ownership or control, without regard to the criteria set forth in this section. The bill allows the Commissioner to issue a certificate of public need for such relocation. The bill contains technical amendments.