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2016 SESSION

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Senate Committee on Education and Health
Subcommittee Health Professions

Garrett (Chairman), Carrico, Barker, Dunnavant, Lucas, Suetterlein

Clerk: Patty Lung
Staff: Thomas Stevens, Ryan Brimmer
Date of Meeting: January 26, 2016
Time and Place: 8:30 AM - 4th Floor East
***updated to add SB 394 and SB 712***

S.B. 201

Patron: Dunnavant

Division of fees among physicians. Clarifies rules prohibiting division of fees among physicians licensed to practice medicine or osteopathy in the Commonwealth and provides that rules prohibiting division of fees among physicians shall not prohibit (i) members of a group practice of physicians licensed to practice medicine or osteopathy from making any division of their total fees among themselves as they may determine; (ii) arrangements permitted under the Practitioner Self-Referral Act (§ 54.1-2410 et seq.); or (iii) certain payments, business arrangements, or payment practices that would be permitted in accordance with 42 U.S.C. §1320a-7b(b)(3).

A BILL to amend and reenact § 54.1-2962 of the Code of Virginia, relating to division of fees among physicians.

16102431D

S.B. 212

Patron: Dunnavant


Health regulatory boards; membership and terms. Amends statutes governing membership and terms of various health regulatory boards. The bill (i) provides that members appointed by the Governor to serve on the Board of Health Professions for four-year terms under current law shall serve such terms or terms concurrent with their terms as members of health regulatory boards, whichever is less; (ii) increases the membership of the Health Practitioners' Monitoring Program Committee from seven to nine members by increasing the number of licensed, certified, or registered practitioners from seven to eight members and adding a citizen member; (iii) increases the membership of the Board of Dentistry from 10 to 11 members by increasing the number of citizen members from one to two; (iv) increases the membership of the Board of Nursing from 13 to 14 members by increasing the required number of registered nurses from seven to eight members and also increasing the number of such registered nurses who must be licensed nurse practitioners from one to two; and (v) reduces the total number of members of the Board of Counseling from 14 to 12 by reducing the number of licensed substance abuse treatment practitioners from three to one. In addition, the bill replaces the requirement that three members of the Board of Counseling be clinical fellows of the American Association of Marriage and Family Therapy with a requirement that three members be licensed marriage and family therapists and removes the requirement that at least two members representing each specialty on the Board of Counseling shall have been in active practice for a least four years.

A BILL to amend and reenact §§ 54.1-2507, 54.1-2515, 54.1-2517, 54.1-2702, 54.1-3002, and 54.1-3503 of the Code of Virginia, relating to health regulatory boards; membership and terms.

16101282D

S.B. 233

Patron: Reeves

Recognition of EMS Personnel Licensure Interstate Compact. Creates the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact to (i) protect the public through verification of competency and ensure accountability for patient-care-related activities of licensed emergency medical services (EMS) personnel, (ii) facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority, and (iii) authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. The bill includes an enactment clause authorizing the State Emergency Medical Services Advisory Board to review decisions of the Interstate Commission for EMS Personnel Practice and, upon approval by the Interstate Commission of any action that will have the result of increasing the cost to the Commonwealth of membership in the compact, recommend to the General Assembly that the Commonwealth withdraw from the compact. The bill also provides that the compact shall expire on July 1, 2021, if it has not become effective as a result of enactment into law by at least 10 member states.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 18, consisting of a section numbered 32.1-371, relating to the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact.

16101751D

S.B. 262

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.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 54.1 a section numbered 54.1-2409.5, relating to the prohibition of conversion therapy.

16101279D

S.B. 264

Patron: Dance

Nurse practitioners; practicing outside of a patient care team. Authorizes a nurse practitioner with at least 2,000 hours of postlicensure experience to practice without the requirement for collaboration and consultation with a patient care team physician as part of a patient care team or a written or electronic practice agreement between the licensed nurse practitioner and a licensed physician in certain clinical settings. The bill also grants prescriptive authority to such nurse practitioners.

A BILL to amend and reenact §§ 54.1-2957 and 54.1-2957.01 of the Code of Virginia, relating to nurse practitioners; practicing outside of a patient care team.

16101574D

S.B. 265

Patron: Dance

Health professions; Nurse Licensure Compact. Replaces the current Nurse Licensure Compact to which Virginia is a party with a revised version. The current Nurse Licensure Compact is a multistate nursing compact that provides the structure for the reciprocal recognition of other states' licenses to practice as a registered nurse or a licensed practical nurse. The revised compact, among other changes, adds recognition of other states' licenses to practice as a licensed vocational nurse. The bill becomes effective upon adoption of the Nurse Licensure Compact by 26 states or on December 31, 2018, whichever comes first. The bill repeals the current Nurse Licensure Compact (Article 6 of Chapter 30 of Title 54.1) effective on the date the new compact becomes effective. The bill also provides that the Virginia Nurses association may request that the General Assembly reconsider the Nurse Licensure Compact if its constituency becomes dissatisfied with the Compact's provisions.

A BILL to amend the Code of Virginia by adding in Chapter 30 of Title 54.1 an article numbered 6.1, consisting of sections numbered 54.1-3040.1 through 54.1-3040.11, and to repeal Article 6 (§§ 54.1-3030 through 54.1-3040) of Chapter 30 of Title 54.1 of the Code of Virginia, relating to multistate licensure for nurses; Nurse Licensure Compact.

16101644D

S.B. 267

Patrons: Dance, McEachin

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.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 54.1 a section numbered 54.1-2409.5, relating to the prohibition of conversion therapy.

16101580D

S.B. 287

Patron: Wexton

Prescription Monitoring Program. Provides that, beginning January 1, 2017, reports by dispensers to the Prescription Monitoring Program (the Program) shall be made within 24 hours or the dispenser's next business day, whichever comes later. The bill also allows the Director of the Department of Health Professions to disclose information about a specific recipient to a prescriber for the purpose of establishing the treatment history of the specific recipient when the prescriber is consulting on the treatment of such recipient; allows the Director to disclose information on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in providing clinical consultation on the care and treatment of the recipient; removes the requirement that information disclosed to a dispenser for the purpose of determining the validity of a prescription be disclosed only when the recipient is seeking a covered substance from the dispenser or the facility in which the dispenser practices; and provides that a prescriber may include information obtained from the Program for the purpose of establishing the treatment history of a specific recipient in the recipient's medical record.

A BILL to amend and reenact §§ 54.1-2521, 54.1-2523, and 54.1-2525 of the Code of Virginia, relating to the Prescription Monitoring Program.

16101142D

S.B. 369

Patron: Stanley

Nurse practitioners; practicing outside of a patient care team. Authorizes a nurse practitioner to practice without the requirement for collaboration and consultation with a patient care team physician as part of a patient care team or a written or electronic practice agreement between the nurse practitioner and a physician in any clinic that is located in a medically underserved area of the state or an area of the state that has an unemployment rate of one and one-half times the statewide average unemployment rate.. The bill also grants prescriptive authority to such nurse practitioners.

A BILL to amend and reenact §§ 54.1-2957 and 54.1-2957.01 of the Code of Virginia, relating to nurse practitioners; practicing outside of a patient care team.

16103577D

S.B. 394

Patron: Alexander

Health care transparency. Directs the Secretary of Health and Human Resources to develop a plan to increase transparency in the administration and delivery of health care by agencies of the Commonwealth or health care providers who have entered into an agreement or contract with an agency of the Commonwealth.

A BILL to direct the Secretary of Health and Human Resources to develop a plan to increase transparency in the administration and delivery of health care.

16101439D

S.B. 437

Patron: Barker

Military medical personnel; pilot program. Directs the Department of Veterans Services, in collaboration with the Department of Health Professions, to establish a pilot program in which military medical personnel may practice and perform certain delegated acts that constitute the practice of medicine under the supervision of a licensed physician or podiatrist. The bill requires the Department of Veterans Services to establish general requirements for participating in the program.

A BILL to amend and reenact § 54.1-2901 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2001.4, relating to military medical personnel; pilot program.

16101363D

S.B. 463

Patron: Carrico

Nurse practitioners; certified nurse midwives; practicing without a patient care team or practice agreement. Authorizes a nurse practitioner licensed by the Boards of Medicine and Nursing in the category of certified nurse midwife to practice without the requirement for collaboration and consultation with a patient care team physician as part of a patient care team or a written or electronic practice agreement between the licensed nurse practitioner and a licensed physician. Under current law, such practice is authorized only under a Department of Health pilot program. The bill grants prescriptive authority to such nurse practitioners and directs the Boards of Medicine and Nursing to jointly promulgate regulations governing such practice. Finally, the bill repeals the pilot program authorizing such practice as obsolete.

A BILL to amend and reenact §§ 54.1-2901, 54.1-2914, 54.1-2957, 54.1-2957.01, 54.1-2957.03, 54.1-2957.9, and 54.1-3401 of the Code of Virginia and to repeal § 32.1-11.5 of the Code of Virginia, relating to nurse practitioners; certified nurse midwives; practicing without a patient care team or practice agreement.

16102112D

S.B. 487

Patron: Hanger

Prescription drug price transparency. Requires every manufacturer of a prescription drug that is made available in the Commonwealth and has a wholesale acquisition price of $10,000 or more for a single course of treatment to report to the Commissioner no later than July 1 of each year information related to the cost of developing, manufacturing, and marketing the prescription drug; any changes in the average wholesale price and average wholesale acquisition cost of the prescription drug; the amount of profits derived from sale of the prescription drug; and the total amount of financial assistance provided to consumers of the prescription drug. The bill requires the State Health Commissioner to cause such reports to be published on a website maintained by a nonprofit entity with which the Commissioner has entered into a contract for such purpose and to annually report on such information, in aggregate form, to the Chairmen of the House Committees on Appropriations and on Health, Welfare and Institutions and the Senate Committees on Finance and on Education and Health.

A BILL to amend and reenact §§ 2.2-3705.5 and 32.1-276.4 of the Code of Virginia and to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 7.3, consisting of sections numbered 32.1-276.12 and 32.1-276.13, relating to prescription drug price transparency.

16103856D

S.B. 491

Patron: Hanger

Prescription Monitoring Program; disclosures. Provides that the Director of the Department of Health Professions may disclose (i) information about a specific recipient contained in the Prescription Monitoring Program to a qualified licensed medical professional employed by the health plan of which the recipient is a member to identify potential misuse of covered substances by recipients for the purpose of intervention to prevent misuse and (ii) information about a specific dispenser or prescriber who participates in a health plan to a qualified licensed medical professional employed by that health plan to identify prescribing practices indicative of fraudulent activity.

A BILL to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Prescription Monitoring Program; disclosures.

16103912D

S.B. 551

Patron: Cosgrove

Physician assistants. Provides that it is unlawful for a person to use in connection with his name the words or letters "Physician Assistant" or "PA" unless he is a licensed physician assistant. The bill eliminates the successful completion of a physician assistant program or surgical physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant as a requirement for licensure as a physician assistant; passage of a national certifying examination and documentation of good standing are still required for licensure. The bill requires a physician assistant to enter into a written or electronic practice agreement with at least one supervising physician or podiatrist, to maintain evidence of such agreement, and to provide it to the Board upon request. The bill contains technical amendments.

A BILL to amend and reenact §§ 54.1-2949, 54.1-2950, 54.1-2951.1, 54.1-2952, 54.1-2952.1, and 54.1-2953 of the Code of Virginia, relating to physician assistants.

16101079D

S.B. 556

Patron: Wexton

Opiate addiction treatment; nonmethadone opioid replacements. Removes certain restrictions for licensure of a provider who provides treatment for persons with opiate addiction using nonmethadone opioid replacements. Such restrictions include the proximity of the provider to a school and community notice requirements.

A BILL to amend and reenact § 37.2-406 of the Code of Virginia, relating to opiate addiction treatment licensure; nonmethadone opioid replacements.

16101464D

S.B. 620

Patron: Stanley

Nurse practitioners. Eliminates the requirement that a nurse practitioner practice as part of a patient care team with a practice agreement with a patient care physician. The bill also eliminates a Board of Health pilot program authorizing certain nurse practitioners to practice without a practice agreement as the bill makes such pilot obsolete. The bill requires regulations to be promulgated within 280 days of enactment.

A BILL to amend and reenact §§ 32.1-263, 32.1-282, 54.1-2900, 54.1-2901, 54.1-2914, 54.1-2957, 54.1-2957.01, 54.1-2957.03, 54.1-2957.9, 54.1-3300, 54.1-3300.1, 54.1-3301, 54.1-3401, 54.1-3482, and 54.1-3482.1 of the Code of Virginia and to repeal § 32.1-11.5 of the Code of Virginia, relating to nurse practitioners; eliminating requirement to practice as part of a patient care team.

16103976D

S.B. 622

Patron: Dunnavant

Military medical personnel; pilot program. Directs the Department of Veterans Services, in collaboration with the Board of Medicine and the Department of Health Professions, to establish a pilot program in which military medical personnel may practice and perform certain delegated acts that constitute the practice of medicine under the supervision of a licensed physician or podiatrist. The bill requires the Department of Veterans Services to establish general requirements for participating in the program and directs the Board of Medicine to establish protocols to be used in the program.

A BILL to amend and reenact § 54.1-2901 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2001.4, relating to military medical personnel; pilot program.

16102429D

S.B. 712

Patron: McDougle

Dental hygienists; remote supervision. Authorizes dental hygienists to practice, with certain requirements and restrictions, under the remote supervision of a licensed dentist. The bill directs the Board of Dentistry to promulgate regulations to implement the provisions of the act within 280 days of its enactment.

A BILL to amend and reenact §§ 54.1-2722 and 54.1-2724 of the Code of Virginia, relating to dental hygienists; practicing under remote supervision.

16103968D