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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2017 SESSION
Chairman: Stephen D. Newman
Clerk: Patty Lung, Rhonda Johnson
Staff: Thomas Stevens
Date of Meeting: January 26, 2017
Time and Place: 8:30 a.m. - Senate Room B
Revised to add SBs1235 & 1583 & also SBs 1240, 1380 & 1570
Patron: Wexton
Family life education; child sexual abuse. Requires the Board of Education to include in its standards of learning for family life education standards for age-appropriate instruction in the prevention, recognition, and awareness of child abduction, child abuse, child sexual exploitation, and child sexual abuse. The bill also requires such standards to be taught in grades K through 12.
Patron: Wexton
Dispensing of naloxone. Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to § 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber,(ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
Patron: Locke
Testing for infection with human immunodeficiency virus or hepatitis B or C virus; order of magistrate. Allows a magistrate to issue an order requiring a person to provide a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C virus when exposure to bodily fluids occurs between a person and a health care provider, person employed by or under the direction and control of a health care provider, law-enforcement officer, firefighter, emergency medical services personnel, or school board employee and the person whose blood specimen is sought refuses to consent to providing such specimen. Currently, only the general district court may issue such order.
Patron: Surovell
Governing boards of public institutions of higher education; leadership; residency. Requires each chairman, vice-chairman, rector, and vice-rector of the governing board of a public institution of higher education and each chairman and vice-chairman of each committee of the governing board of a public institution of higher education to be a resident of the Commonwealth.
Patron: Lucas
Community services boards; preadmission screening; regional jail inmates. Provides that the duties of a community services board include providing preadmission screening services to inmates incarcerated in a regional jail where the locality served by the community services board is a participant in such jail. The bill allows for one or more of the community services boards that serve such localities to enter into a joint agreement regarding the provision of such services. In the absence of an agreement, each community services board is responsible for providing services to inmates convicted in the locality served by the community services board.
Patron: Barker
Registration of peer recovery specialists and qualified mental health professionals. Authorizes the registration of peer recovery specialists and qualified mental health professionals by the Board of Counseling. The bill defines "qualified mental health professional" as a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative mental health services for adults or children. The bill requires that a qualified mental health professional provide such services as an employee or independent contractor of a mental health service provider licensed by the Department of Behavioral Health and Developmental Services. The bill defines "registered peer recovery specialist" as a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. The bill requires that a registered peer recovery specialist provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, a mental health service provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health. The bill adds qualified mental health professionals and registered peer recovery specialists to the list of mental health providers that are required to take actions to protect third parties under certain circumstances and notify clients of their right to report to the Department of Health Professions any unethical, fraudulent, or unprofessional conduct. The bill directs the Board of Counseling and the Board of Behavioral Health and Developmental Services to promulgate regulations to implement the provisions of the bill within 280 days of its enactment.
Patron: Howell
Student loan servicers; student loan ombudsman. Prohibits any person from acting as a student loan servicer without first obtaining a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks and credit unions are exempt from the licensing provisions. The servicing of a student loan encompasses (i) receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan; (ii) applying the payments of principal and interest and such other payments with respect to the amounts received from a student loan borrower, as may be required pursuant to the terms of a student education loan; and (iii) performing other administrative services with respect to a student education loan. Student loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a student loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying student loan payments to the outstanding balance of a student loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. The measure also establishes the Office of the Student Loan Ombudsman within the State Council of Higher Education for Virginia. The Office of the Student Loan Ombudsman is required to provide timely assistance to any student loan borrower of any student education loan in the Commonwealth. The Office of the Student Loan Ombudsman is further required to establish and maintain a student loan borrower education course, which shall cover key loan terms, documentation requirements, monthly payment obligations, income-based repayment options, loan forgiveness, and disclosure requirements. The bill has a delayed effective date of October 1, 2017.
Patron: Howell
Virginia Student Loan Refinancing Authority; refinancing loan guaranty program. Establishes the Virginia Student Loan Refinancing Authority (the Authority), to be governed by a 10-member board, for the purpose of developing and implementing a program by which the Authority may guarantee the obligations of an individual who incurred qualified education loan debt as a Virginia student at an institution of higher education in the Commonwealth under loans that refinance such education loan debt. The Authority is authorized to issue bonds to finance its obligations under such loan guarantees.
Patron: Hanger
Death certificate amendments; disputes settled by clerk of circuit court. Provides that when an applicant does not submit the minimum documentation required by regulation to amend a death certificate or when the State Registrar finds reason to question the validity or sufficiency of the evidence, an aggrieved applicant may submit his evidence for the amendment to the clerk of a circuit court. Such clerk shall notify the State Registrar upon finding that the submitted evidence is valid and sufficient to amend the death certificate. Upon such notice, the State Registrar shall amend such death certificate to reflect the new information and evidence.
Patron: Howell
Student loan servicers; student loan ombudsman. Prohibits any person from acting as a student loan servicer without first obtaining a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks and credit unions are exempt from the licensing provisions. The servicing of a student loan encompasses (i) receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan; (ii) applying the payments of principal and interest and such other payments with respect to the amounts received from a student loan borrower, as may be required pursuant to the terms of a student education loan; and (iii) performing other administrative services with respect to a student education loan. Student loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a student loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying student loan payments to the outstanding balance of a student loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. The measure also establishes the Office of the Student Loan Ombudsman within the SCC's Bureau of Financial Institutions. The Office of the Student Loan Ombudsman is required to provide timely assistance to any student loan borrower of any student education loan in the Commonwealth. The Office of the Student Loan Ombudsman is further required to establish and maintain a student loan borrower education course, which shall cover key loan terms, documentation requirements, monthly payment obligations, income-based repayment options, loan forgiveness, and disclosure requirements. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of January 1, 2019.
Patron: Newman
New Economy Workforce Credential Grant Program; reporting. Requires the State Council of Higher Education for Virginia to include in its annual report on the New Economy Workforce Credential Grant Program information on the wages, including average wage, expected wage increases, and other relevant information, of students who have completed noncredit workforce training programs by credential name and relevant industry sector.
Patron: Edwards
School calendar. Adds to the "good cause" circumstances for which school divisions may be granted a waiver from the regular post-Labor Day school opening schedule a school division that has entered into a dual enrollment agreement with a comprehensive community college and, in the school year for which the waiver is sought, participating students are required to attend college credit courses that begin prior to Labor Day.
Patron: McPike
Certain public school employees; assistance with student insulin pumps. Authorizes public school employees who are trained in the administration of insulin and glucagon to assist students who are diagnosed with diabetes and carry insulin pumps with the insertion or reinsertion of the insulin pump or any of its parts. The bill also provides liability protection for such employees.
Patron: McPike
Dependents of certain military personnel; in-state tuition. Provides that dependents of active duty military personnel and veterans who are eligible to receive educational assistance under the Post-9/11 G.I. Bill and have transferred the educational assistance to the dependent are eligible to receive in-state tuition if the military personnel or veteran within the last five years was (i) assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; (ii) assigned unaccompanied orders and immediately prior to receiving such unaccompanied orders was assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; or (iii) assigned unaccompanied orders with the Commonwealth listed as the designated place move.
Patron: Reeves
Public schools; career and technical education credential. Provides that the career and technical education credential, when required for high school graduation, adult education, or an alternative education plan, may be satisfied with the successful completion of the Armed Services Vocational Aptitude Battery. Under current law, the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment satisfies such credential.
Patron: Reeves
Advisory Board on Teacher Education and Licensure; membership. Adds two legislative members, one of whom shall be a member of the House of Delegates appointed by the Speaker of the House of Delegates and one of whom shall be a member of the Senate appointed by the Senate Committee on Rules, to the Advisory Board on Teacher Education and Licensure (Advisory Board). The bill provides an exception to the prohibition against service by legislators on boards within the executive branch for the Advisory Board.
Patron: Reeves
Teacher licensure; industry certification credential; local waiver. Permits the division superintendent or the local school board to waive the requirement that prospective teachers in the school division seeking an initial license with an endorsement in the area of career and technical education have an industry certification credential in the area in which the teacher seeks endorsement.
Patron: Stuart
School health services; insulin pump training. Requires school employees who are required to have training in the administration of insulin and glucagon to also have training in the use and insertion of insulin pumps.
Patron: Stuart
Public schools; possession of glucagon. Requires local school boards to adopt and implement policies for the possession and administration of glucagon in every school that one or more students with diabetes attend and requires the Board of Education to adopt and implement policies for the possession and administration of glucagon in every school for students with disabilities that one or more students with diabetes attend. The bill allows a school nurse, an employee of the school board, an employee of a local governing body, an employee of a local health department, or an employee of the school for students with disabilities who is authorized by a prescriber and trained in the administration of glucagon to any student diagnosed with diabetes believed to be suffering from or about to suffer from life-threatening hypoglycemia.
Patron: Barker
Acute psychiatric patient registry. Directs the Department of Behavioral Health and Developmental Services to develop and administer a web-based acute psychiatric patient registry to collect, aggregate, and display de-identified information about individuals who meet the criteria for temporary detention to facilitate the timely identification of a facility for temporary detention and treatment of the individual. The bill requires each community services board and behavioral health authority in the Commonwealth to update information contained in the acute psychiatric patient registry to include information about a person found to meet the criteria for temporary detention and requires private providers to identify patients for whom they are able to provide temporary detention and treatment and to contact the state facility, community services board, or behavioral health agency having custody of the individual to facilitate the transfer of the patient to the provider for temporary detention and treatment.
Patron: Dunnavant
Limits on prescription of controlled substances containing opioids. Prohibits a prescriber providing treatment for a patient in an emergency department of a corporation, facility, or institution licensed, owned, or operated by the Commonwealth to provide health care from prescribing a controlled substance containing an opioid in a quantity greater than a three-day supply, as determined in accordance with the prescriber's directions for use. The bill also prohibits a pharmacist from dispensing a controlled substance containing an opioid pursuant to a prescription issued by a prescriber providing treatment to a patient in the emergency department of a corporation, facility, or institution licensed, owned, or operated by the Commonwealth to provide health care unless the prescription complies with the requirements of the bill. The bill has an expiration date of July 1, 2020.
Patron: Ebbin
Family life education; required. Requires each local school board to implement the Standards of Learning for the family life education program developed by the Board of Education or a family life education program consistent with the guidelines developed by the Board.
Patron: Dunnavant
Virginia Virtual School established. Establishes the Board of the Virginia Virtual School (the Board) as a policy agency in the executive branch of state government for the purpose of governing the full-time virtual school programs offered to students enrolled in the Virginia Virtual School (the School). The Secretary of Education is responsible for such agency. The 14-member Board is given operational control of the School and assigned powers and duties. Beginning with the 2019-2020 school year, the bill requires the School to be open to any school-age person in the Commonwealth and to provide an educational program meeting the Standards of Quality for grades kindergarten through 12, with a maximum enrollment of 5,000 students statewide. The bill requires the average state share of Standards of Quality per pupil funding for each enrolled student to be transferred to the School.
Patron: Dunnavant
Parental Choice Education Savings Accounts established. Permits the parent of a public preschool, elementary, or secondary school student who meets certain criteria to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to a certain percentage of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.
Patron: Dunnavant
Glucagon; administration by emergency medical services providers. Authorizes emergency medical services providers who are certified and authorized to administer drugs and devices and who hold an advanced life support certificate or basic life support certificate issued by the Commissioner of Health to possess and administer glucagon for the emergency treatment of hypoglycemia in accordance with existing protocols.
Patron: Dunnavant
Public education; economics education and financial literacy. Requires the Board of Education (Board) to include evaluating the economic value of a postsecondary degree, including the net cost of attendance, potential student loan debt, and potential earnings, in the Board's objectives for economics education and financial literacy. The bill requires the Board to amend such objectives by July 1, 2018.
Patron: Stuart
Comprehensive Services for At-Risk Youth and Families; special education programs. Grants, for a period of three years, eligibility for funding from the state pool of funds available through the Comprehensive Services for At-Risk Youth and Families program to children and youth placed for purposes of special education in a public school special educational program established and funded jointly by a local governing body and school board pursuant to a Memorandum of Agreement for the purpose of providing special education, related services, or both within a public day program, when the public school special educational program is able to provide services comparable to those of an approved private school special educational program, and the student would require placement in an approved private school special educational program but for the availability of the public school special educational program.
Patron: Stuart
Regulation of private wells. Adds Stafford County to the list of counties and cities authorized to establish standards for the construction and abandonment of private wells that are more stringent than those standards adopted by the Board of Health.
Patron: Carrico
Requirements for ophthalmic prescriptions; eye examinations; penalty. Defines "eye examination" and "ophthalmic prescription" and sets out requirements for each. The bill prohibits the dispensing of eyeglasses or contact lenses unless the patient provides a valid ophthalmic prescription and prohibits ophthalmologists and optometrists from requiring patients to purchase ophthalmic goods, pay additional fees, or sign a waiver or release in exchange for a copy of an ophthalmic prescription. The bill provides that a violation of its requirements is a Class 2 misdemeanor.
Patron: Carrico
Licensure of doctors of medical science. Establishes criteria for license as a doctor of medical science and establishes the Advisory Board on Doctors of Medical Science.
Patron: DeSteph
Higher education; members of governing boards; duties. Provides that the primary duty of any member of a governing board of a public institution of higher education is to the Commonwealth. The bill requires that the educational programs for the governing boards of public institutions of higher education, developed by the State Council of Higher Education for Virginia, shall include presentations on such primary duty.
Patron: Petersen
Public institutions of higher education; public notice of proposed tuition increase. Prohibits the governing board of a public institution of higher education from approving an increase in tuition or mandatory fees without first providing students, parents, and the public a brief synopsis of the proposed increase and notice of the date, time, and location of any vote on the increase at least 30 days prior to such vote and providing an opportunity for public comment on such proposed increase at a board meeting at least two meetings in advance of such vote.
Patron: Petersen
Regional school boards; full-time virtual school programs. Requires the establishment of eight regional school boards composed of one member of each local school board that governs each local school division in each of the eight superintendent's regions in the Commonwealth and requires each such regional school board to enter into a contract with at least one approved multidivision online provider to operate a full-time virtual school program for students enrolled in each local school division in such region. The bill contains provisions relating to student eligibility, educational standards, and funding for such full-time virtual school programs. The bill requires each local school board to make the option to participate in a full-time online learning program or full-time virtual school program available to at least two percent of students enrolled in the local school division and permits school boards to satisfy such requirement by providing the option to participate in the full-time virtual school program offered by the relevant regional school board.
Patron: DeSteph
Department of Medical Assistance Services; eligibility for services under waiver. Prohibits the Department of Medical Assistance Services from reducing, terminating, suspending, or denying services for an individual enrolled in a waiver who is otherwise eligible for such services on the basis of such individual's informed choice of place of residence in the Commonwealth.
Patron: Surovell
Public institutions of higher education; notice of proposed tuition increase. Prohibits the governing board of a public institution of higher education from approving an increase in tuition or mandatory fees without first publishing in a prominent location on the institution's website a brief synopsis of the proposed increase including an explanation of the need for such increase and the maximum potential amount of such increase and notice of the date, time, and location of any vote on the increase at least 30 days prior to such vote. The bill requires a copy of the synopsis and the notice to be emailed to each student and requires that public comment be accepted at any hearing on the increase.
Patron: Newman
Students receiving home instruction; participation in Advanced Placement and Preliminary SAT/National Merit Scholarship Qualifying Test examinations. Requires school boards to (i) make Advanced Placement (AP) and Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examinations available to students receiving home instruction, (ii) adopt written policies that specify the date by which such students shall register to participate in such examinations, and (iii) notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations.
Patron: Locke
Abortion; informed written consent. Provides that a woman seeking an abortion may waive in writing any requirement establishing a mandatory time period or mandating that a physician provide to or review with the woman specific information or materials before an abortion may be performed. The bill requires that a copy of such waiver be maintained in the woman's medical records. The bill also provides that, regardless of any waiver, a physician is still obligated to satisfy the applicable standard of care.
Patron: Lucas
Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.
Patron: McClellan
Department of Education; training for hearing officers in teacher dismissal hearings; list of trained hearing officers. Requires the Department of Education to (i) develop and make available to each local school board a program of training for hearing officers who preside over teacher dismissal hearings that includes information on the statutory procedure for teacher dismissal hearings and (ii) develop, maintain, and make available to each local school board a list of hearing officers who have completed such program of training.
Patron: Hanger
Prescription Monitoring Program. Requires the information in the possession of the Prescription Monitoring Program disclosed by the Director of Health Professions about a specific recipient who is a member of a Virginia Medicaid managed care program to a physician or pharmacist employed by the Virginia Medicaid managed care program to be provided via electronic access to the Prescription Monitoring Program in real time. The bill requires such electronic access to be identical to that provided to a prescriber or a dispenser who receives information in the possession of the Prescription Monitoring Program from the Director. The bill provides that such physicians or pharmacists employed by the Virginia Medicaid managed care program may delegate their authority to access such information and may be licensed in a jurisdiction other than the Commonwealth.
Patron: Favola
School Health Advisory Board. Establishes the School Health Advisory Board in the executive branch to advise the General Assembly on pending legislation concerning health policy that affects elementary and secondary schools.
Patron: Favola
Virginia Health Workforce Development Authority; career pathway. Directs the Virginia Health Workforce Development Authority to develop a curriculum in the field of geriatric health care.
Patron: Saslaw
Virginia Guaranteed Assistance Program; eligibility; renewal; amount of grants. Changes the student eligibility criteria for Virginia Guaranteed Assistance Program grants by removing the requirement that the recipient be a dependent and by requiring the recipient to be enrolled full time. The bill places the following conditions on renewal of Program grants: (i) no recipient shall receive a subsequent grant until he has satisfied the requirements to advance to the next class level, as defined in the bill; (ii) no recipient shall receive more than one year of support per class level for a maximum total of two years of support at an associate-degree-granting public institution of higher education or more than one year of support per class level for a maximum total of four years of support at a baccalaureate public institution of higher education; and (iii) no recipient shall receive more than a combined lifetime total of four years of support. The bill permits public institutions of higher education to use Program funds to provide larger awards to students in a higher class level or to students who enroll in 15 or more credit hours per semester. The provisions of the bill become effective beginning with the first-time entering freshman class of the fall 2018 academic year.
Patron: Vogel
Drug Control Act; Schedule I. Adds certain chemical substances to Schedule I of the Drug Control Act. The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule. The bill also removes two substances, benzylfentanyl and thienylfentanyl, from Schedule I. The bill contains technical amendments.
Patron: Wexton
Performance of abortions; informed written consent. Eliminates all the procedures and processes, including the performance of an ultrasound, required to effect a woman's informed written consent to the performance of an abortion; however, the bill does not change the requirement that a woman's informed written consent be first obtained. The bill reduces from two to one the number of consulting physicians who must certify that a third trimester abortion is necessary to prevent the woman's death or impairment of her mental or physical health and eliminates the need for such physicians to find that the woman's health would be substantially and irremediably impaired. The bill removes language classifying facilities that perform five or more first trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.
Patron: Newman
Closure of the Central Virginia Training Center prohibited. Provides that the Central Virginia Training Center shall not be closed and shall remain open until July 1, 2029 and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
Patron: Wagner
Public institutions of higher education; tuition increases. Prohibits any percentage increase in in-state tuition or instructional fees for undergraduate students at Virginia's public institutions of higher education that exceeds the state-mandated salary percentage increase for state employees of the immediately preceding year.
Patron: Peake
Virtual Virginia; availability. Requires that the Virtual Virginia program, established by the Department of Education, be made available to all public middle and high schools. The bill provides that such program may be made available to all public elementary schools. Under current law, Virtual Virginia is required to be made available to public high schools only. The bill also replaces the term "statewide electronic classroom" with "online learning program" to more accurately reflect the Virtual Virginia program.
Patron: Suetterlein
Teacher licensure; career and technical education; certain local waivers. Permits each local school board or division superintendent to waive certain enumerated licensure requirements for any teacher seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education.