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2014 SESSION

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Senate Committee on Education and Health

Chairman: Stephen H. Martin

Clerk: Patty Lung, Wesley Bland
Staff: Thomas Stevens, Ryan Brimmer
Date of Meeting: January 23, 2014
Time and Place: 8:30 a.m. - Senate Room B
Rev. to add SBs 193, 200, 260, 370, 439, 455, 458, 655, 663 & 669

S.B. 126

Patron: Newman

Acute psychiatric bed registry. Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

S.B. 193

Patron: Black

Emergency custody; time limit. Extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held pursuant to an emergency custody order for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.

S.B. 200

Patron: Howell

Temporary detention order; facility of detention. Provides that in cases in which a facility for temporary detention has not been identified prior to the running of the time for emergency custody, the magistrate shall issue the temporary detention order if the person meets the criteria for temporary detention and the community services board certifies that it will continue to make good faith efforts to identify the facility of temporary detention until such time as a facility is identified or the temporary detention order expires for lack of execution.

S.B. 207

Patron: McWaters

Licensed providers of treatment for persons with opiate addiction; Prescription Monitoring Program. Requires licensed providers of treatment for persons with opiate addiction through the use of methadone or other opioid replacements to comply with the reporting requirements of the Prescription Monitoring Program.

S.B. 215

Patron: Howell

Virginia College Savings Plan; incorporated government agency. Declares the Virginia College Savings Plan to be a body politic and corporate.

S.B. 239

Patron: Petersen

Student mental health policies; violence prevention committee. Requires the violence prevention committee of each public institution of higher education to establish policies and procedures to require all faculty and staff to report behavior that may represent a threat to the community and to self to members of the campus community identified by the committee. The bill also requires each violence prevention committee to include notification of family members or guardians, or both, as a sufficient means of action in the committee's policies and procedures for the assessment of individuals whose behavior may present a threat, unless such notification would prove harmful to the individual in question.

S.B. 242

Patron: McWaters

Higher education; students' personal information. Prohibits public institutions of higher education from selling, trading, releasing, or otherwise distributing students' personal information, including names, addresses, phone numbers, and social security numbers, to third-party vendors.

S.B. 249

Patrons: McEachin, Ebbin

In-state tuition; Deferred Action for Childhood Arrivals. Establishes that a student shall be eligible for in-state tuition if (i) he has attended a public or private high school in the Commonwealth for at least three years; (ii) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwealth; (iii) he has registered as an entering student or is enrolled in a public institution of higher education in the Commonwealth; (iv) he has provided an I-797 Approval Notice stating that he has been approved for Deferred Action for Childhood Arrivals by the U.S. Department of Homeland Security; and (v) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.

S.B. 260

Patron: Deeds

Emergency custody; time limit. Extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.

S.B. 263

Patron: Deeds

Acute psychiatric bed registry. Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

S.B. 273

Patron: Favola

Department of Juvenile Justice; eligibility for medical assistance. Provides that Medicaid benefits shall be suspended, rather than terminated, upon a foster-care youth entering the custody of the Department of Juvenile Justice.

S.B. 281

Patron: Cosgrove

Certificate of birth; naturalized citizen. Requires the State Registrar of Vital Records to, upon request, establish and register a new certificate of birth that does not state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents for any person who has attained United States citizenship through naturalization.

S.B. 324

Patron: Miller

Public schools; individual school performance grading system. Delays from October 1, 2014, to October 1, 2017, the date by which the Board of Education is required to implement the A to F individual school performance grading system. The bill requires the Board to provide a clear series of A to F grades for schools and to take into account certain factors in assigning grades including all state mandated assessments; any assessment developed or approved for use by the relevant local school board; student mobility; the experience and qualifications of staff; total cost and funding per pupil; extracurricular activities and the number of participants in such activities; and parental engagement and satisfaction levels. The bill also requires the Board to make the system and grades available to the public in a format which allows for a comparison of similarly situated schools in terms of percentage of students who qualify for free or reduced lunch, percentage of English language learners, local funding beyond what is required by the composite index, student mobility, and any other category the Board deems appropriate.

S.B. 327

Patron: Marsden

In-state tuition; undocumented persons. Establishes that a student shall be eligible for in-state tuition if (i) he has attended a public or private high school in the Commonwealth for at least three years; (ii) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwealth; (iii) he has registered as an entering student or is enrolled in a public institution of higher education in the Commonwealth; (iv) has provided an affidavit to the institution stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he is eligible; and (v) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.

S.B. 370

Patron: Favola

Emergency custody and temporary detention. Extends the time that a person may be held pursuant to an emergency custody order to 12 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension. The bill also provides that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention.

S.B. 390

Patron: Howell

Virginia Center for School Safety; name change. Changes the name of the Virginia Center for School Safety to the Virginia Center for School and Campus Safety.

S.B. 419

Patron: Hanger

Two-Year College Transfer Grant Program; Expected Family Contribution. Broadens eligibility for the Two-Year College Transfer Grant Program by including students whose Expected Family Contribution, as calculated by the federal government using the family's financial information reported on the Free Application for Federal Student Aid (FAFSA), is no more than $12,000. Currently the program is available only to students whose Expected Family Contribution is no more than $8,000. The additional eligibility requirements for the Two-Year College Transfer Grant Program remain the same.

S.B. 429

Patron: Hanger

Two-Year College Transfer Grant Program; amount of grant. Provides that the amount of the Two-Year College Transfer Grant an eligible student receives shall be based on the difference between the costs of tuition and mandatory educational and general fees paid by the recipient at a Virginia community college and either (i) for a student who transfers to a public institution of higher education, the cost of such tuition and fees at the public institution of higher education to which he has transferred or (ii) for a student who transfers to a private institution of higher education, the average cost of such tuition and fees at a Virginia four-year public institution of higher education. Current law provides for a fixed annual grant of $1,000 with an additional $1,000 per year for students pursuing certain undergraduate degrees. The bill also broadens eligibility for the Two-Year College Transfer Grant Program by including students whose Expected Family Contribution, as calculated by the federal government using the family's financial information reported on the Free Application for Federal Student Aid (FAFSA), is no more than $12,000. Currently, the program is available only to students whose Expected Family Contribution is no more than $8,000.

S.B. 439

Patron: Barker

Mandatory outpatient treatment. Specifies that upon motion and prior to the release date of (1) any person who has been the subject of a temporary detention order and voluntarily admitted himself or (2) any involuntarily admitted person, the judge or special justice shall order mandatory outpatient treatment for such person if he finds by clear and convincing evidence that (i) the person has a history of lack of compliance with treatment for mental illness and as a result of such noncompliance, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) involuntarily admitted pursuant to § 37.2-817 or (b) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814; (ii) in view of the person's treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment; (iii) as a result of mental illness, the person is unlikely to voluntarily participate in outpatient treatment unless the court enters an order authorizing discharge to mandatory outpatient treatment following inpatient treatment; (iv) the person has agreed to abide by his discharge plan and has the ability to do so; (v) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person;  and (vi) the person is likely to benefit from mandatory outpatient treatment. The bill also specifies that a judge or special justice may authorize the treating physician to discharge the person to mandatory outpatient treatment under a discharge plan if the judge or special justice finds the same criteria as above. The bill also authorizes the judge or special justice to consider hearsay and other types of evidence when considering the history of lack of compliance of a patient.

 

S.B. 455

Patron: Obenshain

Emergency custody orders; duration; extension. Provides for a second two-hour extension of the time during which a person may be held pursuant to an emergency custody order upon a finding by the magistrate that the person continues to meet the criteria for emergency custody and the second two-hour extension is necessary to identify a suitable facility for temporary detention.

S.B. 458

Patron: Barker

Facility of temporary detention. Provides that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention.

S.B. 463

Patron: Barker

Health regulatory boards; reinstatement of licensure. Requires that an applicant for reinstatement of a license that has been revoked due to certain acts of unprofessional conduct show by clear and convincing evidence that he is safe and competent to practice.

S.B. 465

Patron: Newman

Opportunity Educational Institution; supervision of schools. Increases the number of years, from four to five, that a school must fail to meet the requirements to be rated fully accredited before the supervision of such school is transferred to the Opportunity Educational Institution. Removes the authority of the Opportunity Educational Institution Board, upon a majority vote, to transfer supervision of a school that has failed to meet the requirements to be rated fully accredited for three consecutive years.

S.B. 481

Patron: Puller

Virginia Military Survivors and Dependents Education Program; residency requirements. Deems certain surviving spouses and dependents of military service eligible for the Virginia Military Survivors and Dependents Education Program if the service member through whom they claim eligibility (i) has had a physical presence in Virginia for at least five years immediately prior to the date on which the admission application to the public institution of higher education was submitted; (ii) had a physical presence in Virginia for at least five years immediately prior to his death; (iii) is deceased and the surviving parent of the qualifying child has had a physical presence in Virginia for at least five years immediately prior to the date on which the admission application to the public institution of higher education was submitted; and (iv) is deceased and the surviving spouse has had a physical presence in Virginia for at least five years prior to the date on which the admission application was submitted by the qualified spouse. Current law requires bona fide domiciliary status in Virginia in these circumstances.

S.B. 497

Patron: Hanger

Public schools; individual school performance grading system. Delays from October 1, 2014, to October 1, 2015, the date by which the Board of Education is required to (i) assign a grade from A to F to each public school in the Commonwealth; (ii) make both the system by which grades are assigned and the grade assigned to each school in the Commonwealth available to the public; and (iii) report to the General Assembly a summary of the system and the assigned grades. The bill also requires the Board of Education to evaluate the purposes of the A-to-F grading system for individual school performance and the results of other states that have implemented a similar grading system and to report its findings to the General Assembly no later than October 1, 2014.

S.B. 499

Patron: Hanger

Opportunity Educational Institution. Delays the initial transfer of supervision of certain public schools from the local school boards to the Opportunity Educational Institution by one year, from after the 2013-2014 school year to after the 2014-2015 school year.

S.B. 509

Patron: Barker

Public schools; kindergarten instructional time. Directs the Board of Education to promulgate regulations, by July 1, 2016, establishing standards for accreditation that include a requirement that the standard school day for students in kindergarten must average at least 5.5 instructional hours in order to qualify for full accreditation. The bill has a delayed effective date of July 1, 2016.

S.B. 526

Patron: Carrico

Prescription Monitoring Program; disclosure method. Specifies that when the Director, in his discretion, discloses information that is in the possession of the program concerning a recipient who is over the age of 18 to that recipient, the information shall be mailed to a street or mailing address indicated on the recipient request form.

S.B. 529

Patrons: Barker, Reeves

Certificate of public need; conditions. Authorizes the Commissioner of Health to condition the approval of a certificate of public need upon an agreement of the applicant to support the operation of the Wounded Warrior Project.

S.B. 532

Patron: Stuart

Care of students who have been diagnosed with diabetes. Requires the parents of any public school student who has been diagnosed with diabetes to designate in a diabetes care plan a delegated care aide to provide diabetes care for the student, including the administration of insulin and glucagon, when a school nurse or physician is not present in the school or at a school-sponsored activity. The bill also requires the delegated care aide to receive training in diabetes care and every school employee to receive basic training in responses to emergency situations and changes from one to two the minimum number of employees in a school that must be trained with regard to a student with diabetes who attends the school. The bill further allows a student to perform certain tasks in the management of his diabetes. The bill requires schools at which a student diagnosed with diabetes is in attendance, to possess an emergency supply of glucagon in addition to any glucagon provided to the school by the parent of such a student. The bill provides that no school board shall prohibit a student who has been diagnosed with diabetes from attending a school or a school-sponsored activity on the basis of his diabetes. Finally, the bill prohibits a school nurse or delegated care aide from being disciplined for ordinary negligence in acts or omissions made during the care of a student who has been diagnosed with diabetes. The bill contains technical amendments.

S.B. 562

Patron: Locke

College partnership laboratory schools; tuition. Authorizes the school board of a school division that partners with a college partnership laboratory school to charge tuition to students enrolled in the college partnership laboratory school who do not reside within the partnering division.

S.B. 595

Patron: Barker

Virginia Health Workforce Development Authority: Board of Directors. Changes from two years to four years the length of the term served by nonlegislative citizen members of the Board of Directors.

S.B. 618

Patrons: Locke, McEachin

Essential health benefits; abortion coverage. Removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia.

S.B. 626

Patron: Miller

Christopher Newport University; Board of Visitors. Requires at least six of the 14 members of the Christopher Newport University Board of Visitors to be alumni of the University.

S.B. 628

Patron: Ruff

Community colleges; workforce training. Establishes the Community College Workforce Training Grant Program to provide a $1,000 incentive payment to a community college for each student who (i) has successfully completed a noncredit workforce training program at the community college and (ii) subsequently obtains an industry-recognized certification or license in a high employer demand field in the region served by the community college, with such fields to be identified by the State Board for Community Colleges.

S.B. 635

Patron: Hanger

Possession and administration of epinephrine. Authorizes any employee of a licensed restaurant, summer camp, or campground to possess and administer epinephrine, provided such employee is authorized by a prescriber and trained in the administration of epinephrine. The bill also requires the Department of Health, in conjunction with the Department of Health Professions, to develop policies and guidelines for the recognition and treatment of anaphylaxis in restaurants, campgrounds, and summer camps.

S.B. 646

Patron: McEachin

Essential health benefits; abortion coverage. Removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia.

S.B. 647

Patron: Black

DMAS; teledentistry pilot program. Directs the Department of Medical Assistance Services to create a two-year pilot program to provide dental services to school-age children who are eligible to receive pediatric dental services through the Smiles for Children program in school divisions in which at least 50 percent of the elementary students have not been examined by a dentist within the preceding 12 months or have no dental home of record. Participating dentists will provide supervision of dental hygienists through the use of teledentistry.

S.B. 655

Patron: Obenshain

Involuntary commitment; appeal of order. Provides that upon a finding by the circuit court that the appellant no longer meets the criteria for involuntary commitment (or mandatory outpatient treatment), the court shall reverse the order of the district court but shall not dismiss the Commonwealth's petition.

S.B. 663

Patron: Ebbin

Virginia community college mental health services pilot program. Requires the Virginia Community College System to create a pilot program to establish a plan or contract with community groups or both to provide mental health services to uninsured students and such other students as the System may identify at eight community college campuses in the Commonwealth, as determined by the System. The bill requires a central program manager for the pilot program. The bill provides that the provision of mental health services will continue through June 30, 2016, or until funds are no longer available, whichever occurs sooner.

S.B. 669

Patron: Martin

Public institutions of higher education; boards of governance.