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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
Chairman: Stephen D. Newman
Staff: Thomas Stevens
Date of Meeting: February 7, 2019
Time and Place: 8:00 a.m. - Senate Room A, Pocahontas Bldg.
Revised to Add HBs 1611, 2026, 2113 and 2685
Patron: Landes
Virginia College Savings Plan; prepaid tuition contracts; pricing reserves. Provides that in the event that the ratio of the assets of the Virginia College Savings Plan (the Plan) to the obligations of the Plan exceeds 105 percent, the pricing reserve, which the bill defines as the percentage by which the sum of advanced payments to be made pursuant to each prepaid tuition contract of the Plan exceeds the amount estimated to be required to provide tuition at the fixed, guaranteed level that is specified in such prepaid tuition contract, shall not exceed five percent. The bill provides that in the event that the ratio of the assets of the Plan to the obligations of the Plan does not meet or exceed 105 percent, the pricing reserve may exceed five percent but shall not exceed 10 percent. The bill also requires the governing board of the Plan to provide to the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Legislative Audit and Review Commission written notification and a detailed explanation of any change to the pricing reserve within 30 days of such change.
Patron: Robinson
School calendar; opening day of the school year. Makes local school boards responsible for setting the school calendar and determining the opening day of the school year and eliminates the post-Labor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement. The bill requires local school boards that set the school calendar with a pre-Labor Day opening date, except those schools that were granted a "good cause" waiver for the 2018-2019 school year, to close all schools in the division from (i) the Thursday immediately preceding Labor Day through Labor Day or (ii) the Friday immediately preceding Labor Day through the Tuesday immediately succeeding Labor Day.
Patron: Knight
Public school building security enhancements; compliance with Uniform Statewide Building Code and Statewide Fire Prevention Code. Requires each school board, in consultation with the local building official and the state or local fire marshal, to develop a procurement plan to ensure that all security enhancements to public school buildings are in compliance with the Uniform Statewide Building Code and Statewide Fire Prevention Code.
Patron: Landes
School counselors; nomenclature; staff time. Changes the name of guidance counselors to school counselors and requires each school counselor employed by a school board in a public elementary or secondary school to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students.
Patron: O'Quinn
School safety procedures; emergency situations; annual training. Requires each school board to develop training on safety procedures in the event of an emergency situation on school property. The bill requires such training to be delivered to each student and employee in each school at least once each school year.
Patron: Gilbert
School boards; local law-enforcement agencies; memorandums of understanding. Requires the school board in each school division in which the local law-enforcement agency employs school resource officers to enter into a memorandum of understanding with such local law-enforcement agency that sets forth the powers and duties of the school resource officers. The bill requires each such school board and local law-enforcement agency to review and amend or affirm the memorandum at least once every five years or at any time upon the request of either party.
Patron: Wright
Development and review of school crisis, emergency management, and medical emergency response plans; include certain first responders. Requires each school board to include the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, the executive director of the relevant regional emergency medical services council, and the emergency management official of the locality, or their designees, in the development and review of school crisis, emergency management, and medical emergency response plans. Under current law, the school board is required to provide copies of such plans to the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, and the emergency management official of the locality but is not required to include such first responders in the development and review of such plans.
Patron: Rush
School buildings; plans to be reviewed by a professional trained and experienced in crime prevention through environmental design. Requires the licensed architect or professional engineer who provides the required statement to accompany the school superintendent's approval on all plans and specifications for new or remodeled public school building construction to be trained and experienced in crime prevention through environmental design.
Patron: Bulova
Pharmacist; counseling for new prescriptions; disposal of medicine. Allows a pharmacist to include information regarding the proper disposal of medicine when giving counsel to a person who presents a new prescription for filling.
Patron: Krizek
Election day; school holiday. Prohibits local school boards from requiring students to attend school on the Tuesday after the first Monday in November.
Patron: Garrett
Controlled substances; Schedules I and II. Adds certain chemicals to Schedule I and Schedule II of the Controlled Substances Act.
Patron: Marshall
Institute for Advanced Learning and Research; executive director. Provides that the chief executive of the Institute for Advanced Learning and Research, currently referred to as the executive director, may be referred to as the president or the president and executive director.
Patron: Adams, D.M.
Practice of dental hygiene; remote supervision; employment or supervision by Department of Behavioral Health and Developmental Services; report. Allows a dental hygienist employed by the Department of Behavioral Health and Developmental Services (the Department) to practice under the remote supervision of a dentist employed by the Department or the Department of Health. Under current law, only a dental hygienist or dentist employed by the Virginia Department of Health may practice or supervise remotely. The bill also adds mobile dentistry programs operated by the Department for adults with developmental disabilities to the list of locations where a dental hygienist may practice under the remote supervision of a licensed dentist and directs the Department to annually submit a report of services provided by such dental hygienists to the Secretary of Health and Human Resources.
Patron: Sickles
Certificate of public need; hospitals and nursing homes; disaster exemption; regulations. Provides for a 30-day exemption from the requirement to obtain a certificate of public need for an increase in the total number of beds in existing hospitals or nursing homes if the State Health Commissioner has determined that a natural or man-made disaster has caused the evacuation of a hospital or nursing home and that a public health emergency exists due to a shortage of hospital or nursing home beds. The Board of Health shall adopt regulations for this exemption.
Patron: Garrett
Possession and administration of naloxone; regional jail employees. Adds employees of regional jails to the list of individuals who may possess and administer naloxone or other opioid antagonist, provided that they have completed a training program.
Patron: Stolle
New Economy Workforce Credential Grant Fund and Program; grant priority. Requires the State Council of Higher Education for Virginia, in awarding grants pursuant to the New Economy Workforce Credential Grant Program, to give priority to institutions that offer noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce.
Patron: Bell, Richard P.
Concussions in student-athletes; guidelines, policies, and procedures. Requires (i) the Board of Education to collaborate with various stakeholders to biennially update its guidelines on policies to inform and educate coaches, student-athletes, and student-athletes' parents or guardians of the nature and risk of concussions, criteria for removal from and return to play, risks of not reporting the injury and continuing to play, and the effects of concussions on student-athletes' academic performance and (ii) each local school division to biennially update its policies and procedures regarding the identification and handling of suspected concussions in student-athletes.
Patron: Krizek
Public institutions of higher education; in-state tuition; foreign service officers. Provides that any member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member are eligible for in-state tuition charges regardless of domicile.
Patron: Krizek
Blind or vision impaired; definition. Amends the definition of "blind person" in conformance with the definition set forth by the Social Security Administration.
Patron: Campbell, J.L.
Patient care team podiatrist definition; physician assistant definition and supervision requirements. Establishes definitions of "patient care team podiatrist," "collaboration," and "consultation," and amends the definition of "physician assistant." The bill modifies the supervision requirements for physician assistants by establishing a patient care team model.
Patron: Kilgore
Telemedicine services; coverage. Requires insurers, corporations, or health maintenance organizations to cover medically necessary remote patient monitoring services as part of their coverage of telemedicine services to the full extent that these services are available. The bill defines remote patient monitoring services as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data; medication adherence monitoring; and interactive video conferencing with or without digital image upload. The bill requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for medically necessary health care services provided through telemedicine services.
Patron: Stolle
Health professions and facilities; adverse action in another jurisdiction. Provides that the mandatory suspension of a license, certificate, or registration of a health professional by the Director of the Department of Health Professions is not required when the license, certificate, or registration of a health professional is revoked, suspended, or surrendered in another jurisdiction based on disciplinary action or mandatory suspension in the Commonwealth. The bill extends the time by which the Board of Pharmacy (Board) is required to hold a hearing after receiving an application for reinstatement from a nonresident pharmacy whose registration has been suspended by the Board based on revocation or suspension in another jurisdiction from not later than its next regular meeting after the expiration of 30 days from receipt of the reinstatement application to not later than its next regular meeting after the expiration of 60 days from receipt of the reinstatement application.
Patron: Bell, Richard P.
Alternative education programs; data. Requires the Department of Education to annually collect from each school board and publish on its website various enrollment and achievement data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. The bill requires such data to be published in a manner that protects the identities of individual students and disaggregated by local school division and by student race, ethnicity, gender, and disability.
Patron: Bell, Richard P.
Certain facilities in the Commonwealth; participation in educational programs. Requires any person of school age who is admitted to the Commonwealth Center for Children and Adolescents to be permitted to participate in any education program offered in the facility that is administered by the Department of Education, regardless of his enrollment status, unless such child has been excused from attendance at school due to a bona fide religious training or belief. The bill permits information required to enroll such person in any such education program to be disclosed in accordance with state and federal law.
Patron: Peace
Board of Education; Career and Technical Education Work-Based Learning Guide. Requires the Board of Education to review and revise, in consultation with certain stakeholders and no later than December 1, 2019, its Career and Technical Education Work-Based Learning Guide to expand the opportunities available for students to earn credit for graduation through high-quality work-based learning experiences such as job shadowing, mentorships, internships, and externships.
Patron: Stolle
Newborn screening; congenital cytomegalovirus. Directs the Board of Health to amend regulations governing newborn screening to include screening for congenital cytomegalovirus in newborns who fail the newborn hearing screen.
Patron: Price
Dissemination of criminal history record information; Department of Medical Assistance Services; screening individuals. Provides that the Department of Medical Assistance Services (the Department), or its designee, may receive criminal history record information for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department. Current law provides that the Department is limited to receiving such information for the purpose of screening individuals who volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services only.
Patron: Hurst
Department of Behavioral Health and Developmental Services; certification of recovery residences; regulations; civil penalties. Provides for the promulgation of regulations for the certification of recovery residences by the Department of Behavioral Health and Developmental Services. The bill defines "recovery residence" as a housing facility that provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders that does not include clinical treatment services. The bill prohibits any person from advertising, representing, or otherwise implying to the public that a recovery residence or other housing facility is a certified recovery residence unless it is certified by the Department. The bill authorizes the Department to assess a civil penalty for violations of this prohibition.
Patron: Carr
Office of the Chief Medical Examiner; central office and facilities. Removes the requirement that the central office and facilities of the Office of the Chief Medical Examiner be located in the City of Richmond.
Patron: Murphy
Public institutions of higher education; veterans; withdrawal; tuition refund. Requires each public institution of higher education to provide a refund of the tuition and mandatory fees paid by any veteran student for any course from which he is forced to withdraw, for the first time, due to a service-connected medical condition during a semester, as certified in writing to the institution by a physician licensed to practice medicine who treated the veteran student for such medical condition.
Patron: Carroll Foy
School attendance officer; motion for a rule to show cause; child in need of supervision. Authorizes a school attendance officer or division superintendent or his designee acting as an attendance officer to complete, sign, and file with the clerk of court a motion for a rule to show cause regarding the violation or enforcement of a school attendance order entered by a juvenile and domestic relations district court in response to the filing of a petition alleging the juvenile is a child in need of supervision. The bill also provides that such a filing is not considered the unauthorized practice of law.
Patron: Thomas
Persons who are deaf or hard of hearing; terminology. Replaces the term "hearing impaired" and its variations with "deaf or hard of hearing" and "hearing loss" throughout the Code of Virginia. The bill also renames the Virginia Hearing Impairment Identification and Monitoring System as the Virginia Hearing Loss Identification and Monitoring System.
Patron: Thomas
School calendar; opening of the school year; good cause waiver. Permits the Board of Education to waive the requirement to set the school calendar so that the first day students are required to attend school must be after Labor Day for any school board that certifies to the Board of Education that the school division is entirely surrounded by school divisions that each have an opening date prior to Labor Day in the school year for which the waiver is sought.
Patron: Thomas
School protection officers; minimum training standards; exemption. Defines a school protection officer as a retired law-enforcement officer hired on a part-time basis by the local law-enforcement agency to provide limited law-enforcement and security services to Virginia public elementary and secondary schools. The bill also provides that the Department of Criminal Justice Services shall establish compulsory minimum training standards for all persons employed as school protection officers and that such training may be provided by the employing law-enforcement agency and shall be graduated and based on the type of duties to be performed.
Patron: Plum
Dispensing of naloxone. Expands the list of individuals who may dispense naloxone pursuant to a standing order to include health care providers providing services in hospital emergency departments and emergency medical services personnel and eliminates certain requirements as set out in the bill. The bill establishes requirements for the dispensing of naloxone in an injectable formulation with a hypodermic needle or syringe. The bill also allows a person who dispenses naloxone on behalf of an organization to charge a fee for the dispensing of naloxone, provided that the fee is no greater than the cost to the organization of obtaining the naloxone dispensed.
Patron: Miyares
Public institutions of higher education; tuition and fee increases; public comment. Requires the governing board of each public institution of higher education to establish policies for the public to comment directly during a meeting of such governing board in a live, real-time setting on any proposed increase in undergraduate tuition or mandatory fees within the 30-day period prior to any vote on such increase. The bill permits such policies to include (i) reasonable limits on an individual public comment and total time reserved for public comment and (ii) additional electronic means for the public to communicate with such governing board.
Patron: Bourne
Required immunizations; acellular pertussis booster. Extends the time by which an acellular pertussis booster shall be administered from prior to entry into the sixth grade to prior to entry into the seventh grade.
Patron: Bourne
Department of Education; establishment of microcredential program. Permits the Department of Education to establish a microcredential program for the purpose of permitting any public elementary or secondary school teacher who holds a renewable or provisional license or any individual who participates in any alternate route to licensure program to complete additional in-person or blended coursework and earn microcredentials in science, technology, engineering, and mathematics (STEM) endorsement areas, including computer science, for which there is a high need for additional qualified teachers. The bill requires the Department of Education to direct the Advisory Board on Teacher Education and Licensure to convene a workgroup including pertinent education stakeholders to determine how any microcredential awarded pursuant to any such program will be used to award add-on endorsements and certifications for teachers in such STEM endorsement areas. The bill provides certain conditions in which in-person coursework in a microcredential program not contributing to an endorsement is eligible for professional development points towards the renewal of a teaching license.
Patron: Bagby
Composition of the Boards of Nursing and Psychology; health regulatory boards; staggered terms. Alters the composition of the Board of Nursing and replaces the requirement that the Board of Nursing meet each January with the requirement that it meet at least annually. The bill also removes specific officer titles from the requirement that the Board of Nursing elect officers from its membership. The bill replaces the requirement that a member of the Board of Psychology be licensed as an applied psychologist with the requirement that that position be filled by a member who is licensed in any category of psychology. The bill also provides a mechanism for evenly staggering the terms of members of the following health regulatory boards, without affecting the terms of current members: Board of Nursing, Board of Psychology, Board of Dentistry, Board of Long-Term Care Administrators, Board of Medicine, Board of Veterinary Medicine, Board of Audiology and Speech-Language Pathology, Board of Pharmacy, and Board of Counseling.
Patron: Simon
Free public elementary and secondary education; eligibility criteria. Requires every person of school age to be deemed to reside in a school division for the purpose of eligibility for free public elementary and secondary education in such school division when all or any portion of the building in which such person resides with certain other individuals or as an emancipated minor is taxable by the locality in which the school division is located.
Patron: McGuire
Possession and administration of naloxone; school nurses; local health department employees. Adds school nurses, local health department employees that are assigned to a public school pursuant to an agreement between the local health department and school board, and other school board employees or individuals contracted by a school board to provide school health services, to the list of individuals who may possess and administer naloxone or other opioid antagonist, provided that they have completed a training program.
Patron: Landes
Governing boards of public institutions of higher education; tuition and mandatory fee rates; report. Requires the governing board of each public institution of higher education to provide and discuss certain information relating to the rate of undergraduate tuition and mandatory fees at meetings preceding the meeting at which it sets such rate, including the factors that it expects will influence such rate and a projected range of the increase in such rate. The bill requires the State Council of Higher Education to submit to the Governor and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance an annual report that contains an assessment of such information.
Patron: Roem
School boards; School Breakfast Program and National School Lunch Program; web-based application. Requires each local school board that collects information to determine eligibility for participation in the School Breakfast Program or the National School Lunch Program administered by the U.S. Department of Agriculture to establish and post prominently on its website a web-based application for student participation in such program and to continue to provide a paper-based application. The bill permits any school board in establishing such an application to adopt the U.S. Department of Agriculture's Web-Based Prototype Application for Free and Reduced Price School Meals or to digitize its existing paper-based application.
Patron: Wilt
Death certificates; medical certification; electronic filing. Requires the completed medical certification portion of a death certificate to be filed electronically with the State Registrar of Vital Records through the Electronic Death Registration System and provides that, except for under certain circumstances, failure to file a medical certification of death electronically through the Electronic Death Registration System shall constitute grounds for disciplinary action by the Board of Medicine. The bill includes a delayed effective date of January 1, 2020, and a phased-in requirement for registration with the Electronic Death Registration System and electronic filing of medical certifications of death for various categories of health care providers. The bill directs the Department of Health to work with stakeholders to educate and encourage physicians, physician assistants, and nurse practitioners to timely register with and utilize the Electronic Death Registration System.
Patron: Wilt
Scholastic records; disclosure of directory information. Provides that a school or institution of higher education may disclose certain directory information of a student to certain internal persons for educational purposes or internal business if the student has not opted out of such disclosure. Under current law, such disclosures require written consent. The bill also provides an exception for state and federal law requirements from the prohibition of such disclosures.
Patron: Pillion
Drug Control Act; Schedule V; gabapentin. Classifies gabapentin as a Schedule V controlled substance. Current law lists gabapentin as a drug of concern.
Patron: Pillion
Medicaid recipients; treatment involving opioids or opioid replacements; payment. Prohibits health care providers licensed by the Board of Medicine from requesting or requiring a patient who is a recipient of medical assistance services pursuant to the state plan for medical assistance to pay out-of-pocket costs associated with the provision of service involving (i) the prescription of an opioid for the management of pain or (ii) the prescription of buprenorphine-containing products, methadone, or other opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration for medication-assisted treatment of opioid addiction. The bill requires providers who do not participate in the Commonwealth's program of medical assistance services who provide such health care services to provide notice to such patient that (a) the Commonwealth's program of medical assistance services covers such health care services and the Department of Medical Assistance Services will pay for such health care services and (b) the provider does not participate in the Commonwealth's program of medical assistance and will not accept payment from the Department of Medical Assistance Services for such health care services. Such notice and the patient's acknowledgement of such notice shall be documented in the patient's medical record.
Patron: Robinson
Drug paraphernalia and controlled paraphernalia; fentanyl testing products. Clarifies that narcotic testing products used to determine whether a controlled substance contains fentanyl or a fentanyl analog are not drug paraphernalia or controlled paraphernalia.
Patron: LaRock
School Divisions of Innovation; performance-based assessments. Allows a local school board, when applying for its school division to be designated as a School Division of Innovation, to apply to the Board of Education (the Board) to replace certain Standards of Learning assessments with performance-based assessments. The bill requires the Board to determine if the local school board has the capacity to administer and score performance-based assessments and provides criteria for such determination. The bill requires any proposed performance-based assessment to be an adequate replacement of the relevant Standards of Learning assessment and requires students to demonstrate the knowledge and skills required by the relevant Standards of Learning and one or more of critical thinking, creativity, collaboration, communication, or citizenship. The standards of learning assessments eligible for replacement are Virginia Studies and Civics and Economics.
Patron: Miyares
Public institutions of higher education; governing boards; educational programs. Requires educational programs for the governing boards of public institutions of higher education to include presentations relating to (i) board members' primary duty to the citizens of the Commonwealth and (ii) student debt trends.
Patron: Torian
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. Under the provisions of the bill, eligibility for stipends from the Virginia Military Survivors and Dependents Education Fund is unchanged.
Patron: Price
Qualified mental health professionals. Requires the Board of Counseling to promulgate regulations for the registration of persons receiving supervised training in order to qualify as a qualified mental health professional. The bill defines the terms "qualified mental health professional-adult," "qualified mental health professional-child," and "qualified mental health professional-trainee."
Patron: McQuinn
Virginia Foundation for the Humanities; task force; membership. Adds five members to the task force established to assist the Virginia Foundation for the Humanities in its work regarding the history of formerly enslaved African Americans in Virginia. The additional members are the executive director of the Virginia Tourism Authority or his designee, the chairman of the board of trustees of the Virginia Outdoors Foundation or his designee, and three nonlegislative citizen members appointed by the Governor, at least one of whom is required to be the president of a historically black college or university located in the Commonwealth.
Patron: Gooditis
Public School Security Equipment Grant Act of 2013; eligible security equipment. Specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes building modifications and fixtures, such as security vestibules.
Patron: Watts
Continuing care retirement communities; accessing medical assistance; certificate of public need. Provides that a nursing facility in a continuing care retirement community in Planning District 8 and registered with the State Corporation Commission may be certified for participation in the Virginia Medical Assistance Program without regard to any condition on a certificate of public need, so long as not more than 25 percent of the nursing home beds located in the facility, or 15 of the facility's nursing home beds, whichever is fewer, are occupied by individuals receiving benefits at any given time. Currently, such nursing homes may be certified for participation in the Virginia Medical Assistance Program without regard to any condition on a certificate of public need, so long as not more than 10 percent of the nursing home beds located in the facility are occupied by individuals receiving benefits.
Patron: Toscano
Advance estimate of patient payment amount for elective medical procedure, test, or service; notice of right to request. Provides that every hospital currently required to provide an estimate of the payment amount for an elective procedure, test, or service for which a patient may be responsible shall also provide each patient with written information regarding his right to request such estimate, to post written information regarding a patient's right to request such estimate conspicuously in public areas of the hospital, and to make such information available on the hospital's website.
Patron: Garrett
All-Payer Claims Database; penalty. Requires the Commissioner of Health, in cooperation with the Bureau of Insurance, to collect health claims data from certain insurers, corporations, managed care organizations, third-party administrators, and any self-funded employee welfare benefit plans (ERISA plans) whose employer has opted-in to the All-Payer Claims Database, the Department of Medical Assistance Services, state government health insurance plans, local government health insurance plans, and federal health insurance plans. The bill provides that employers that maintain an ERISA plan may opt-in to participate in the All-Payer Claims Database and provides a process for such agreement. The bill adds members to the advisory committee to the nonprofit organization that administers the All-Payer Claims Database. The bill requires the Commissioner of Health to establish a data release committee to review and approve requests for access to data and prohibits the release of data without the approval of such committee. The bill requires the nonprofit organization to ensure that data is timely submitted to the All-Payer Claims Database and authorizes the Board of Health to assess a civil penalty on entities not in compliance.