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2018 SESSION

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Senate Committee on Education and Health

Chairman: Stephen D. Newman

Staff: Thomas Stevens
Date of Meeting: January 18, 2018
Time and Place: 8 AM / Senate Room A, Pocahontas Building
UPDATE - SB603 removed from docket

S.B. 27

Patron: Stanley

Virginia Community College System; Temporary Assistance for Needy Families Scholarship Pilot Program. Directs the Virginia Community College System (VCCS) to establish and administer a two-year Temporary Assistance for Needy Families (TANF) Scholarship Pilot Program (the Program) for the purpose of providing access to postsecondary educational opportunities to students living in poverty. The Program would provide scholarships to select comprehensive community colleges in the maximum amount of $4,000 per year, to be applied toward the costs of tuition and books, to 200 selected students who meet TANF eligibility requirements. The Program would be funded by the unexpended balance in federal TANF block grant funds. The bill directs VCCS to report to the Governor and the General Assembly no later than December 1 of each year regarding the effectiveness of and other information about the Program. The bill does not become effective unless an appropriation effectuating the purposes of the bill is included in an appropriation act passed in 2018 by the General Assembly that becomes law.

S.B. 60

Patron: DeSteph

Tuition Assistance Grant Program; eligible institutions. Removes the requirement for private institutions of higher education to operate on a not-for-profit basis in order to be eligible to participate in the Tuition Assistance Grant Program.

S.B. 101

Patron: McClellan

High school family life education curricula; law and meaning of consent. Requires any high school family life education curriculum offered by a local school division to incorporate age-appropriate elements of effective and evidence-based programs on the law and meaning of consent, including instruction that increases student awareness of the fact that consent is required before sexual activity. Under current law, such elements are permitted but not required to be incorporated into such curricula.

S.B. 133

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.

S.B. 201

Patron: Favola

Regulations governing hospitals; facilities performing abortions. 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.

S.B. 237

Patron: Marsden

In-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals. Declares, absent congressional intent to the contrary, that any individual currently granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services has the capacity to intend to remain in the Commonwealth indefinitely and is therefore eligible to establish domicile and receive in-state tuition charges at any public institution of higher education in the Commonwealth.

S.B. 243

Patron: Cosgrove

Virginia Veterans Recovery Grant Program and Fund; established. Establishes the Virginia Veterans Recovery Grant Program and the Virginia Veterans Recovery Fund for the purpose of providing diagnostic services, hyperbaric oxygen treatment, and support services to eligible veterans who have post-traumatic stress disorder or a traumatic brain injury. The Program reimburses eligible facilities that provide hyperbaric oxygen treatment to an eligible veteran at no cost to the veteran and reimburses the eligible veteran for any necessary travel and living expenses required to receive treatment.

S.B. 245

Patron: Surovell

Conversion therapy prohibited. Prohibits any health care provider or person who performs counseling as part of his training for any profession licensed by a regulatory board of the Department of Health Professions from engaging in conversion therapy with any person under 18 years of age. The bill defines "conversion therapy" as any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. "Conversion therapy" does not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity. The bill provides that no state funds shall be expended for the purpose of conducting conversion therapy, referring a person for conversion therapy, extending health benefits coverage for conversion therapy, or awarding a grant or contract to any entity that conducts conversion therapy or refers individuals for conversion therapy.

S.B. 258

Patron: Petersen

Department of Health Professions; subpoenas. Provides that a subpoena issued by the Director of the Department of Health Professions or his designee may be delivered by (i) any person authorized to serve process under § 8.01-293, (ii) investigative personnel appointed by the Director, (iii) registered or certified mail or by equivalent commercial parcel delivery service, or (iv) email or facsimile if requested to do so by the recipient. The bill provides that upon failure of any person to comply with a subpoena, the Director may request that the Attorney General or the attorney for the Commonwealth for the jurisdiction in which the recipient of the subpoena resides, is found, or transacts business seek enforcement of the subpoena.

S.B. 259

Patron: Stuart

Virginia Military Survivors and Dependents Education Program; eligibility. Extends the benefits of the Virginia Military Survivors and Dependents Education Program to the spouse or child of a veteran with at least a 90 percent permanent, service-related disability. Under current law, the spouse or child would be eligible for benefits only if the veteran's disability was incurred during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict.

S.B. 292

Patron: McClellan

Abortion; funding in cases of rape or incest. Clarifies that when a woman who qualifies for state medical assistance reports to a public health agency that her pregnancy is a result of rape or incest, the Board of Health is required to fund an abortion without requiring any report of such rape or incest to law enforcement.

S.B. 305

Patron: Dance

Department of Health; cognitive impairment. Directs the Department of Health, in partnership with the Alzheimer's Disease and Related Disorders Commission, the Department for Aging and Rehabilitative Services, and the Alzheimer's Association, to incorporate in its existing, relevant public health outreach programs information (i) to educate health care providers on the importance of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, the value of a Medicare Annual Wellness visit for cognitive health, and the new Medicare care planning billing code for individuals with cognitive impairment and (ii) to increase understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia, the value of early detection and diagnosis, and how to reduce the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer's disease and other types of dementia.

S.B. 315

Patron: Ruff

Hearing aid specialists and opticians; exemptions for the sale of hearing aids. Allows licensed audiologists who have earned a doctoral degree in audiology to obtain a license to engage in the practice of fitting or dealing in hearing aids without the prerequisite of being required to pass an examination. The bill defines "audiologist" and "practice of audiology."

S.B. 327

Patron: Ruff

Department of Health; cognitive impairment. Directs the Department of Health, in partnership with the Alzheimer's Disease and Related Disorders Commission, the Department for Aging and Rehabilitative Services, and the Alzheimer's Association, to incorporate in its existing, relevant public health outreach programs information (i) to educate health care providers on the importance of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, the value of a Medicare Annual Wellness visit for cognitive health, and the new Medicare care planning billing code for individuals with cognitive impairment and (ii) to increase understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia, the value of early detection and diagnosis, and how to reduce the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer's disease and other types of dementia.

S.B. 369

Patron: Newman

All-Payer Claims Database. Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.

S.B. 411

Patron: McDougle

Higher education; governing boards; appointment. Clarifies that nonlegislative citizen members of the State Council of Higher Education for Virginia and the Eastern Virginia Medical School Board of Visitors shall continue to hold office until their successors have been appointed and qualified. Under current law, such members continue to hold office until their successors have been appointed and confirmed. The bill is a recommendation of the Code Commission.

S.B. 413

Patron: McDougle

Delivery of Schedule VI prescription devices. Provides that a permitted manufacturer, wholesale distributor, warehouser, or third-party logistics provider or registered nonresident manufacturer or nonresident wholesale distributor may distribute Schedule VI prescription devices directly to a patient on behalf of a medical equipment supplier, provided that (i) such delivery occurs at the direction of a medical equipment supplier that has received a valid order for such controlled device for the patient from a prescriber and (ii) the manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesale distributor, warehouser, or third-party logistics provider has entered into an agreement with the medical equipment supplier for such delivery. The bill directs the Board of Pharmacy to promulgate emergency regulations to implement the provisions of the bill.

S.B. 425

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 requires such standards to be taught in grades K through 12.

S.B. 462

Patron: Reeves

Members of the Virginia National Guard; education grants. Provides that certain members of the Virginia National Guard who are enrolled at an accredited proprietary private institution of higher education are eligible to receive education grants. Under current law, only members who are enrolled at public institutions of higher education or accredited nonprofit private institutions of higher education are eligible for grants. The bill also provides that the cost of textbooks will be included in the calculation of the grant amount. The bill clarifies that the eligibility requirement of a two-year remaining obligation is from the last day of the semester or term for which the grant is awarded.

S.B. 634

Patron: Dunnavant

All-Payer Claims Database. Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.

S.B. 673

Patron: Deeds

Emergency custody; time period. Repeals the June 30, 2018, sunset on provisions authorizing a community services board to continue to attempt to identify a facility other than a state hospital that is able and willing to provide temporary detention and appropriate care to an individual who is subject to an emergency custody order for up to four hours after the period of emergency custody has run.

S.B. 709

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 eliminates the requirement that two other physicians certify that a third trimester abortion is necessary to prevent the woman's death or impairment of her mental or physical health as well as the need 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.

S.B. 724

Patron: Dunnavant

Online Virginia Network Authority. Adds the Chancellor of the Virginia Community College System and one nonlegislative citizen member appointed by the State Board for Community Colleges to the members of the board of trustees of the Online Virginia Network Authority (Authority). The bill also provides that the Online Virginia Network, established by the Authority, will facilitate the completion of degrees at comprehensive community colleges as well as at George Mason University and Old Dominion University.

S.B. 760

Patron: Newman

Online Virginia Network Authority. Adds the Chancellor of the Virginia Community College System and one nonlegislative citizen member appointed by the State Board for Community Colleges to the members of the board of trustees of the Online Virginia Network Authority (Authority). The bill also provides that the Online Virginia Network, established by the Authority, will facilitate the completion of degrees at comprehensive community colleges as well as at George Mason University and Old Dominion University.

S.B. 775

Patron: Locke

Public schools; military children; tuition. Prohibits the child of a person on active military duty who is attending school for free from being charged upon such child%92s relocation pursuant to orders his parent received to relocate to a new duty station or to be deployed. The bill allows the child to remain enrolled in the current school division free of tuition through the end of the school year. The bill also prohibits the child of a person on active military duty who is eligible to attend a school for free from being charged tuition by a school division that will be that child's school division of residence upon such child's service member parent's relocation to the jurisdiction for that school division pursuant to orders received.

S.B. 789

Patron: Surovell

Family life education; sexually explicit communications and images. Requires the Board of Education to include in its guidelines for a family life education curriculum instruction as appropriate for the age of the student regarding the dangers and repercussions of using electronic means or social media to (i) engage in sexually explicit communications or (ii) send or display sexually explicit images.

S.B. 810

Patron: Marsden

Eligibility for in-state tuition; certain individuals who have applied for permanent residency. Declares eligible for in-state tuition any individual who (i) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (ii) registers as an entering student or is enrolled in a public institution of higher education; (iii) 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 one year prior to the date of registration or enrollment; and (iv) provides an affidavit to the public institution of higher education in which he has registered as an entering student or is enrolled 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 becomes eligible for such permanent residency.

S.B. 843

Patron: Favola

Family life education; medically accurate information. Requires the curriculum guidelines established by the Board of Education on family life education to include instruction in medically accurate information on human reproduction.

S.B. 849

Patron: Cosgrove

Tuition Assistance Grants and National Guard grant. Removes the requirement for private institutions of higher education to operate on a nonprofit basis in order to be eligible to participate in the Tuition Assistance Grant Program. The bill also provides that certain members of the Virginia National Guard may be eligible to receive grant funds if they are enrolled in an accredited private institution of higher education. Under current law, such members are not eligible if they are enrolled in an accredited proprietary private institution of higher education.