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2011 SESSION

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Senate Committee on Education and Health
Subcommittee Health Care

Northam (Chairman), Martin, Newman, Edwards, Whipple

Clerk: Patty Lung, Jocelyn Lance
Staff: J.Eades, N.Cheuk
Date of Meeting: January 25, 2011
Time and Place: Tuesday, 1/2 hr. after Senate adjourns, 4E Conf. Rm, GAB

S.B. 865 Vital records; records becoming public after a certain amount of time having elapsed.

Patron: Blevins

Vital records; records becoming public.  Requires records of birth after 100 years have elapsed from the date of birth and records of death, marriage, or divorce certificates after 50 years have elapsed from the date of death, marriage, or divorce, to become public information.

S.B. 878 Pseudoephedrine; prohibited from being sold without a prescription.

Patron: Reynolds

Drug Control Act; pseudoephedrine.  Adds pseudoephedrine to Schedule III of the Drug Control Act, which would prohibit it from being sold without a prescription.

Impact Statements

S.B. 1024 Drinking water community confidence reports; publication.

Patron: Puckett

Drinking water community confidence reports; publication. Requires the Department of Health to include in its regulations governing waterworks, water supplies, and pure water a process whereby waterworks serving fewer than 10,000 people may seek and the Governor may grant a waiver of the requirement that the waterworks mail copies of its community confidence report to each customer of the system at least once annually. Such waterworks shall instead provide notice of the report via publication in a newspaper of general circulation and by such other means as the waterworks deems appropriate and make copies of the report available to the public upon request.

S.B. 1029 Disclosure of health records; health care providers who dispense controlled substances.

Patron: Puckett

Disclosure of health records; dispensing of controlled substances. Clarifies that nothing in the Health Records Privacy Act shall prohibit a health care provider who dispenses a controlled substance to a patient from disclosing information obtained from the Prescription Monitoring Program and contained in a patient's health care record to another health care provider when such disclosure is related to the care or treatment of the patient. This bill also provides that nothing shall prevent a person who prescribes or dispenses a controlled substance from redisclosing information obtained from the Prescription Monitoring Program to another prescriber or dispenser who prescribes or dispenses a controlled substance to a recipient.

Impact Statements

S.B. 1095 Schedule II, etc., controlled substances; prescriber to request information about patient.

Patron: Hanger

Prescribing Schedule II, Schedule III, or Schedule IV controlled substances.  Requires any prescriber who prescribes a controlled substance included in Schedule II, Schedule III, or Schedule IV of the Drug Control Act to request and review information about that patient from the Prescription Monitoring Program, and to continue to do so at least annually for so long as the prescriber continues to prescribe the controlled substance to the patient.

S.B. 1096 Pharmacies; shall have access to Prescription Monitoring Program.

Patron: Hanger

Pharmacies; access to Prescription Monitoring Program.  Provides that the Board of Pharmacy shall include in its regulations that (i) every pharmacy shall ensure that at least one pharmacist who is physically present at the pharmacy shall have access to the Prescription Monitoring Program at all times and (ii) nothing shall prevent a pharmacist who is eligible to receive information from the Prescription Monitoring Program from requesting and receiving such information.

S.B. 1116 Laboratory results; authority to provide directly to insurance carrier, etc.

Patron: Northam

Laboratory results; authority to receive directly.  Allows a laboratory, if so requested by the patient or his legal guardian, to provide a copy of the report of the results directly to the insurance carrier, health maintenance organization, or self-insured plan that provides health insurance or similar coverage to the patient.

S.B. 1117 Death certificates; allows supervised nurse practitioners & physician assistants to sign.

Patron: Northam

Death certificates; who may sign.  Allows supervised nurse practitioners and physician assistants to determine cause of death and sign death certificates, provided they have access to the decedent's medical history and the death is due to natural causes. In addition, the bill expands the description of which physicians may determine cause of death and sign a death certificate and provides civil immunity to physicians, physician assistants and nurse practitioners who sign death certificates and determine cause of death, in the absence of gross negligence or willful misconduct.

S.B. 1275 Sexually violent predators; procedure for rescission of respondent's refusal for examination.

Patron: Obenshain

Sexually violent predators.  Establishes a procedure for rescission of a respondent's refusal to participate with a mental health examination and makes clear that a sheriff who is transporting a respondent for purposes of a hearing or annual review is not required to keep the respondent segregated by sight and sound from other prisoners.

S.B. 1277 Onsite treatment works; Department of Health oversight of requirements for review.

Patron: Obenshain

Professional engineering of onsite treatment works; Department of Health oversight.  Contains several provisions restricting the Department of Health's oversight of the requirements for and the review of onsite treatment works submitted by professional engineers.