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2022 SESSION

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Senate Committee on Education and Health
Subcommittee Health Professions

Barker (Chair), Saslaw, Newman, Edwards, Lewis, Dunnavant, Suetterlein, Pillion, Hashmi

Clerk: Michael Jackson,Thomas Jackson
Staff: Julia Carlton, Anna Moir
Date of Meeting: February 25, 2022
Time and Place: 8:30 AM Subcommittee Room #2 / 5th Floor Pocahontas Building
Updated: HB896 Removed from the docket

H.B. 80

Patron: Davis

Healthcare Regulatory Sandbox Program; established. Requires the Department of Health to establish the Healthcare Regulatory Sandbox Program to enable a person to obtain limited access to the market in the Commonwealth to temporarily test an innovative healthcare product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the Commonwealth. Under the Program, an applicant requests the waiver of certain laws, regulations, or other requirements for a 24-month testing period, with an option to request an additional six-month testing period. The bill provides application requirements, consumer protections, procedures for exiting the Program or requesting an extension, and recordkeeping and reporting requirements. The bill requires the Department to provide an annual report to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health that provides information regarding each Program participant and that provides recommendations regarding the effectiveness of the Program. The bill has an expiration date of July 1, 2027.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-383, relating to the Health Care Regulatory Sandbox Program.

22106142D

H.B. 212

Patron: Greenhalgh

Provision of abortion; right to informed consent. Requires physicians and authorized nurse practitioners to follow certain procedures and processes to effect a pregnant woman's informed written consent prior to the performance of an abortion.

A BILL to amend and reenact §§ 16.1-77 and 18.2-76 of the Code of Virginia, relating to provision of abortion; right to informed consent.

22106074D

H.B. 304

Patron: Freitas

Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of an infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of an infant who has been born alive.

A BILL to amend and reenact §§ 32.1-127 and 54.1-2915 of the Code of Virginia and to amend the Code of Virginia by adding in Article 9 of Chapter 4 of Title 18.2 a section numbered 18.2-76.3, relating to abortion; born alive infant; treatment and care; penalty.

22106090D

H.B. 537

Patron: Batten

Telemedicine; out of state providers; behavioral health services. Allows certain practitioners of professions regulated by the Boards of Medicine, Counseling, Psychology, and Social Work who provide behavioral health services and who are licensed in another state, the District of Columbia, or a United States territory or possession and in good standing with the applicable regulatory agency to engage in the practice of that profession in the Commonwealth with a patient located in the Commonwealth when (i) such practice is for the purpose of providing continuity of care through the use of telemedicine services and (ii) the practitioner has previously established a practitioner-patient relationship with the patient. The bill provides that a practitioner who provides behavioral health services to a patient located in the Commonwealth through use of telemedicine services may provide such services for a period of no more than one year from the date on which the practitioner began providing such services to such patient.

A BILL to amend and reenact §§ 54.1-2901, 54.1-3501, 54.1-3601, and 54.1-3701 of the Code of Virginia, relating to telemedicine; out of state providers; behavioral health services.

22103670D

H.B. 916

Patron: Robinson

Health care providers; health records of minors; available via secure website. Provides that every hospital and health care provider that makes patients' health records available to such patients through a secure website shall make all health records of a patient who is a minor available to such patient's parent through such secure website unless the hospital or health care provider cannot make such health record available in a manner that prevents disclosure of information, the disclosure of which has been denied by a health care provider or for which required consent has not been provided.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2404.1, relating to health care providers; health care records of minors; available via secure website.

22105695D

H.B. 1245

Patron: Adams, D.M.

Nurse practitioners; practice without a practice agreement; repeal sunset. Repeals the sunset provision on the bill passed in 2021 that reduces from five to two the number of years of full-time clinical experience a nurse practitioner must have to be eligible to practice without a written or electronic practice agreement.

A BILL to repeal the second enactment of Chapter 1 of the Acts of Assembly of 2021 Special Session I, relating to nurse practitioners; practice without a practice agreement.

22100642D

H.B. 1324

Patron: Hodges

Board of Pharmacy; pharmacy work environment requirements; emergency. Directs the Board of Pharmacy to promulgate regulations related to work environment requirements for pharmacy personnel that protect the health, safety, and welfare of patients. The bill requires the Board of Pharmacy to adopt regulations within 280 days of enactment.

A BILL to direct the Board of Pharmacy to adopt regulations related to work environment requirements for pharmacy personnel; emergency.

22104471D

EMERGENCY

H.B. 1359

Patron: Byron

Health care; consent to services and disclosure of records. Provides that an authorization for the disclosure of health records shall remain in effect until (i) the authorization is revoked in writing to the person in possession of the health record subject to the authorization, (ii) any expiration date set forth in the authorization, or (iii) the person in possession of the health record becomes aware of any expiration event described in the authorization, whichever occurs first, and that a revocation shall not be effective to the extent that the person in possession of the health record released health records prior to such revocation.

The bill also provides that authorization for the release of health records shall include authorization for the person named in the authorization to assist the person who is the subject of the health record in accessing health care services, including scheduling appointments for the person who is the subject of the health record and attending appointments together with the person who is the subject of the health record.

The bill also provides that every health care provider shall make health records of a patient available to any person designated by a patient in an authorization to release medical records and that a health care provider shall allow a spouse, parent, adult child, adult sibling, or other person identified by a person to make an appointment for medical services on behalf of another person, regardless of whether the other person has executed an authorization to release medical records.

A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2404.1, relating to health care; consent to services and disclosure of records.

22106251D