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2014 SESSION

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Senate Committee on Education and Health

Chairman: L. Louise Lucas

Clerk: Patty Lung, Wesley Bland
Staff: Thomas Stevens, Ryan Brimmer
Date of Meeting: February 20, 2014
Time and Place: 8:30 a.m. / Senate Room B
Revised to remove HB465

H.B. 63

Patron: Bell, Robert B.

Students receiving home instruction; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) is receiving home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school; (v) has not reached the age of 19 by August 1 of the current academic year; (vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity; (vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill allows such students to be charged reasonable fees for participation. The bill has an expiration date of July 1, 2019.

H.B. 133

Patron: Cole

Two-Year College Transfer Grant Program; eligibility criteria. Permits a student to enroll in a four-year institution by the spring following the award of an associate's degree and remain eligible for a grant under the program. Current law requires a student to enroll in a four-year institution by the following fall to be eligible.

H.B. 134

Patron: Cole

Care of students who have been diagnosed with diabetes. Requires local school boards to permit students who are diagnosed with diabetes to (i) carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low blood glucose levels, and (ii) self-check his own blood glucose levels on a school bus, on school property, and at a school-sponsored activity.  The bill also requires the Department of Education to review and update the Manual for Training Public School Employees in the Administration of Insulin and Glucagon.

H.B. 198

Patron: Landes

Elementary and secondary school students; expulsion. Clarifies that students who have committed certain weapons or drugs offenses are not required to be expelled regardless of the facts of the particular situation.

H.B. 293

Patron: Bell, Robert B.

Determining 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. The Department of Behavioral Health and Development Services shall submit an annual report to the Governor and the chairmen of the House Appropriations and Senate Finance Committees on the implementation of the provisions of the bill. This bill incorporates HB 243. 

H.B. 305

Patron: O'Bannon

Payment for certain immunizations. Requires the Department of Health to provide certain vaccines for children free of charge to the parent of the child if the child is eligible for the Vaccines for Children Program or the child is eligible for Medicare, Medicaid, CHIP, or CHAMPUS. In cases in which a child is covered by a health carrier, Medicare, Medicaid, CHIP, or CHAMPUS, the Department shall seek reimbursement for all allowable costs associated with the provision of the vaccine.

H.B. 307

Patron: Lingamfelter

After-school hunter safety education programs for students in grades seven through 12. Permits local school boards to provide after-school hunter safety education programs for students in the school division in grades seven through 12. Students are required to bear the cost of participation. The bill also requires local school boards that provide such programs to display information on the programs in each school and distribute information to the parents of each student in the school division in grades seven through 12. The bill requires the Department of Game and Inland Fisheries to establish a uniform curriculum for such programs. The bill also requires each program to be taught by a certified hunter safety instructor.

H.B. 323

Patron: O'Bannon

Temporary detention order; transportation. Provides that a magistrate may specify any willing law-enforcement agency that has agreed to provide transportation to execute a temporary detention order and transport the person who is the subject of the order. Currently, the magistrate must specify the law-enforcement agency of the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located.

H.B. 356

Patron: Cox

Virginia Community College System; quorum and main office of the State Board for Community Colleges. Removes the requirement that the main office of the State Board for Community Colleges be located in the City of Richmond and permits the main office to be located anywhere in the Commonwealth. The bill also changes from seven to eight the number of members of the Board that constitute a quorum for all purposes. The bill contains technical amendments.

H.B. 388

Patron: Davis

Charter schools; funding. Requires each local school board to reimburse each public charter school in the school division in an amount equal to the difference between (i) the proportionate share of all state and federal resources allocated for students with disabilities and school personnel assigned to special education programs in the public charter school and (ii) the cost to the local school board to educate such students.

H.B. 391

Patron: Stolle

National accrediting organizations; Joint Commission on Accreditation of Healthcare Organizations. Replaces outdated references to the Joint Commission on Accreditation of Healthcare Organizations with references to any national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation.

H.B. 395

Patron: O'Bannon

Public safety employees; testing for blood-borne pathogens. Adds the Department of Forensic Science to the definition of "public safety agency," employees of which may be requested or required to undergo testing for certain blood-borne pathogens following involvement in exposure prone incidents.

H.B. 449

Patron: Bell, Robert B.

Student information; release to federal government agencies. Prohibits a member or employee of a local school board or the Department of Education from transmitting personally identifiable information from a student's record to a federal government agency or an authorized representative of such agency, except as required by federal law or regulation.

H.B. 467

Patron: Massie

State Council of Higher Education for Virginia; interstate agreements. Authorizes the State Council of Higher Education for Virginia (SCHEV) to enter into interstate reciprocity agreements authorizing postsecondary distance education. SCHEV will administer the agreements and will approve or disapprove participation in the agreements by degree-granting institutions of higher education in the Commonwealth. Participation in the agreements by the institutions is voluntary. The bill also requires SCHEV to establish the Distance Learning Reciprocity Advisory Council, which will include representatives from each participating institution.

H.B. 476

Patron: Head

Home care organizations; inspections. Requires state agencies that inspect home care organizations to coordinate inspections both among subdivisions of the agency and with other agencies and to accept equivalent inspections performed by other agencies or subdivisions of agencies in lieu of performing their own inspections to the extent possible.

H.B. 478

Patron: Villanueva

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. The bill also requires that a person who is the subject of an emergency custody order or temporary detention order be given a written summary of the procedures and statutory protections associated with such custody or detention. This bill incorporates HB 242, HB 294, HB 583, and HB 621. 

H.B. 484

Patron: Kory

Electronic cigarettes in public elementary and secondary schools. Requires each school board to (i) develop and implement a policy to prohibit the use of electronic cigarettes on a school bus, on school property, or at a school-sponsored activity and (ii) include in its code of student conduct a prohibition against possessing electronic cigarettes on a school bus, on school property, or at a school-sponsored activity. The bill requires school boards to update their policies and codes of student conduct by July 1, 2015.

H.B. 500

Patron: Yost

Practice of audiology; cerumen management. Adds limited cerumen management to the definition of the practice of audiology and requires the Board of Audiology and Speech-Language Pathology to promulgate regulations governing the practice of cerumen management, including requirements related to the training and qualifications of audiologists who perform cerumen management, within 280 days.

H.B. 526

Patron: Pogge

Programs of physical fitness in high schools; Junior Reserve Officers' Training Corps. Permits each local school board to include the option for high school students to satisfy all health and physical education and physical fitness program requirements through participation in a Junior Reserve Officers' Training Corps program in any of the armed services of the United States.

H.B. 540

Patron: Hope

Licensure of private behavioral health services providers. Clarifies provisions governing issuance of a provisional license to a private provider by the Department of Behavioral Health and Developmental Services, providing that a provisional license may be issued at any time when a provider is temporarily unable to comply with all licensing standards, and clarifies situations in which certain sanctions may be imposed upon a provider.

H.B. 574

Patron: Yost

Mandatory outpatient treatment. Provides that the community services board required to monitor a person who is the subject of a mandatory outpatient treatment order shall acknowledge receipt of the order within five business days. If the person's case is transferred to another jurisdiction, the community services board serving that jurisdiction shall acknowledge the transfer and receipt of the order within five business days.

H.B. 576

Patron: Stolle

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 on the date of his death and 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.

H.B. 674

Patron: Poindexter

Water supplies and waterworks; human consumption. Defines "human consumption" as used in the context of water supplies and waterworks.

H.B. 702

Patron: Head

Uniform assessments; qualified assessors. Requires the Department of Medical Assistance Services to enter into contracts with public and private entities to conduct community-based and institutional screenings in addition to or in lieu of required preadmission screenings for individuals who are eligible for community-based or institutional long-term care services under the state plan for medical assistance and provides that every individual who requests a screening for the purpose of enrollment in a PACE plan shall be eligible for such screening, regardless of whether the individual is eligible under the state plan for medical assistance. The bill requires the Board of Medical Assistance Service to promulgate regulations to implement the provisions of the bill within 280 days of its enactment.

H.B. 720

Patron: McClellan

School board policy; employee lactation support. Requires each local school board to adopt a policy to set aside, in each school in the school division, a non-restroom location that is shielded from the public view to be designated as an area in which any mother who is employed by the local school board or enrolled as a student may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one.

H.B. 722

Patron: McClellan

Location of methadone clinics near schools and day care centers; exemptions for existing facilities and providers. Provides that licensed providers of methadone treatment that are exempt from restrictions regarding proximity to a school or day care center do not retain the exemption when relocating an existing facility or establishing a new facility.

H.B. 725

Patron: McClellan

Advisory Board on Teacher Education and Licensure; membership. Increases from 19 to 21 the total number of members and increases from two to four the number of members who shall be faculty members in teacher preparation programs in public or private institutions of higher education on the Advisory Board on Teacher Education and Licensure.

H.B. 752

Patron: Rust

Student expulsion; pneumatic guns. Removes pneumatic guns from the list of weapons that require a school board to expel from school attendance for a period of not less than one year any student whom such school board has determined to have possessed such a weapon on school property or at a school-sponsored activity.

H.B. 757

Patron: Rust

Benefits consortia; benefits plans. Permits employees of the sponsoring association of a benefits consortium, employees of a benefits consortium, and their dependents to participate in the benefits plan offered by a benefits consortium consisting of five or more private educational institutions that have established a self-funded employee welfare benefit plan.

H.B. 776

Patron: Wilt

Surviving spouses; eligibility for in-state tuition charges. Waives the requirement that the factors presented in support of entitlement to in-state tuition must exist for the one-year period prior to the date of the alleged entitlement for spouses of certain military members who were killed in action, are missing in action, or are prisoners of war.

H.B. 874

Patron: Yost


Designation and reporting of drugs of concern. Authorizes the Board of Pharmacy to identify "drugs of concern" and requires prescribers to report prescription drugs of concern to the Prescription Monitoring Program.

 

H.B. 891

Patron: Peace

Powers and duties of health regulatory boards; special conference committees. Provides that special conference committees may consider applications for a license, certificate, registration, permit or issuance of a multistate licensure privilege and may grant or deny the application or issue a restricted license, certification, registration, permit, or multistate licensure privilege. The bill also provides that special conference committees may hear cases in which a holder of a permit issued by a health regulatory board is reported to be the subject of disciplinary action.

H.B. 924

Patron: O'Bannon

Office of the Chief Medical Examiner; medicolegal death examinations. Clarifies the powers and duties of the Office of the Chief Medical Examiner, the Chief Medical Examiner, Assistant Chief Medical Examiners, and appointed local medical examiners related to investigations of deaths. The bill contains an emergency clause.

EMERGENCY

H.B. 1031

Patron: Orrock

Immunizations. Updates provisions governing immunizations for children.

H.B. 1032

Patron: Orrock

Board of Pharmacy; automatic review of certain case decisions. Provides that, in cases in which a monetary fine may be imposed for a violation of the Drug Control Act relating to the practice of pharmacy and the pharmacy subject to the fine is affiliated with a free clinic that receives state or local funds, the Board of Pharmacy shall ascertain the factual basis of the case through informal conference or consultation proceedings, unless the named party and the Board agree to resolve the matter through a consent order or the named party consents to waive such conference or proceeding to go directly to a formal hearing.

H.B. 1054

Patron: Loupassi

High school diploma course and credit requirements; computer science. Requires the Board of Education to consider all computer science course credits earned by students to be science course credits, mathematics course credits, or career and technical education credits in establishing course and credit requirements for a high school diploma.

H.B. 1096

Patron: Filler-Corn

Board of Education; amend guidelines for school division policies and procedures on concussions in student-athletes. Requires the Board of Education to amend its guidelines for school division policies and procedures on concussions in student-athletes to include a "Return to Learn Protocol" with requirements that school personnel (i) be alert to cognitive and academic issues that may be experienced by a student-athlete who has suffered a concussion or other head injury and (ii) accommodate the gradual return to full participation in academic activities by a student-athelete who has suffered a concussion or other head injury.

H.B. 1102

Patron: Edmunds

Longwood University Board of Visitors; removal of visitors. Provides that if any member of the Longwood University Board of Visitors fails to perform the duties of his office for one year without sufficient cause shown to the board, the office of such visitor shall be vacated. The bill also provides that if so many of such visitors fail to perform their duties that a quorum is not met for a year, the rector, any member of the board, or the president of the University may certify such fact to the Governor and the offices of all visitors failing to attend shall be vacated.

H.B. 1112

Patron: Garrett

Cannabimimetic agents; regulation by Board of Pharmacy; penalties. Substitutes the term "cannabimimetic agents" for the term "synthetic cannabinoids" to describe certain substances that are unlawful to possess, sell, give, distribute, or manufacture. The bill raises from a Class 6 felony to a Class 5 felony the penalty for selling, giving, distributing, or possessing with the intent to sell, give, or distribute such substances. The bill authorizes the Board of Pharmacy to add a substance into the list of controlled substances found in Schedule I or II or to the list of cannabimimetic agents via an expedited regulatory process. A substance added via this process is removed from such list after 18 months unless a general law is enacted adding the substance to such list. The bill also adds five new compounds to the list of cannabimimetic agents and one new research chemical to Schedule I.

H.B. 1161

Patron: Yancey

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.

H.B. 1172

Patron: Bell, Robert B.

Temporary detention; transfer. Establishes a procedure for transferring custody of a person who is the subject of a temporary detention order from one facility to another facility.

H.B. 1177

Patron: Austin

Safe drinking water; local private well testing requirements. Adds the County of Bedford to the list of localities, the governing bodies of which may establish reasonable testing requirements to determine compliance with existing drinking water quality standards prior to the issuance of building permits.

H.B. 1216

Patron: Bell, Robert B.

DBHDS; evaluate qualifications and training of individuals performing evaluations of individuals subject to emergency custody orders; report. Directs the Department of Behavioral Health and Developmental Services to review requirements for qualifications, training, and oversight of individuals designated by community services boards to perform evaluations of individuals subject to emergency custody orders and to make recommendations for changes to such requirements. The Department shall report its findings by December 1, 2014.

H.B. 1232

Patron: Cline

Acute psychiatric bed registry; create. 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. The bill contains an emergency clause. This bill incorporates HB 599.

EMERGENCY

H.B. 1235

Patron: Peace

Department of Health Professions; use of implantable medical devices distributed by physician-owned distributorships. Directs the Department of Health Professions to consider any issues related to use of implantable medical devices distributed by medical device distributors in which a physician has an ownership interest and to report to the Governor and the General Assembly by November 1, 2014.

H.B. 1242

Patron: O'Quinn

Elected school boards; tie breaker. Requires the tie breaker of any elected school board to be elected in the same manner as the members of the school board. Currently tie breakers for elected school boards are appointed by the school board.

H.B. 1268

Patron: Hugo


Public institutions of higher education; violence prevention committee policies and procedures. Requires the violence prevention committee of each public institution of higher education to establish policies and procedures to encourage all faculty and staff to report threatening or aberrant behavior that may represent a threat to the community to members of the campus community identified by the committee.