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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: Stephen D. Newman
Clerk: Patty Lung
Staff: Thomas Stevens
Date of Meeting: February 8, 2018
Time and Place: 8:00 AM - Senate Room A - Pocahontas Bldg.
Revised to add HB 175
Patron: Poindexter
Certain hospital licenses; effective date. Provides that a license issued to an acute care hospital located in Patrick County that was valid on September 1, 2017, and remained valid on December 31, 2017, despite the closure of such hospital prior to December 31, 2017, shall continue to remain valid until December 31, 2018. This bill is effective retroactively to December 31, 2017. The bill contains an emergency clause.
EMERGENCY
Patron: Sturtevant
Dual enrollment courses; quality standards; universal transfer course credit. Requires the State Council of Higher Education for Virginia (the Council), in consultation with the Department of Education and each public institution of higher education, to establish (i) quality standards for dual enrollment courses, including quality standards for course instructors, materials, and content; (ii) a process by which dual enrollment courses that meet or exceed such quality standards are certified as universal transfer courses that satisfy course credit or other academic requirements at any public institution of higher education; and (iii) a policy for the satisfaction of course credit or other academic requirements through the successful completion of universal transfer courses by entering students that (a) identifies the course credit or other academic requirements of each public institution of higher education that the student satisfies by successfully completing a universal transfer course and (b) ensures, to the extent possible, that the satisfaction of course credit or other academic requirements is consistent across each public institution of higher education and each such universal transfer course. The provisions of the bill replace existing provisions that require the Council and each public institution of higher education to establish policies relating to course credit for dual enrollment courses but that do not provide for quality standards or the universal transfer designation for such courses.
Patron: Suetterlein
Dual enrollment courses; quality standards; universal transfer course credit. Requires the State Council of Higher Education for Virginia (the Council), in consultation with the Department of Education and each public institution of higher education, to establish (i) quality standards for dual enrollment courses, including quality standards for course instructors, materials, and content; (ii) a process by which dual enrollment courses that meet or exceed such quality standards are certified as universal transfer courses that satisfy course credit or other academic requirements at any public institution of higher education; and (iii) a policy for the satisfaction of course credit or other academic requirements through the successful completion of universal transfer courses by entering students that (a) identifies the course credit or other academic requirements of each public institution of higher education that the student satisfies by successfully completing a universal transfer course and (b) ensures, to the extent possible, that the satisfaction of course credit or other academic requirements is consistent across each public institution of higher education and each such universal transfer course. The provisions of the bill replace existing provisions that require the Council and each public institution of higher education to establish policies relating to course credit for dual enrollment courses but that do not provide for quality standards or the universal transfer designation for such courses.
Patron: Stanley
Public schools; robotics team competition program. Prohibits a public school from becoming a member of any organization or entity whose purpose is to regulate or govern interscholastic programs unless such organization or entity has, by July 1, 2020, established a varsity level robotics team competition program that includes regional, super-regional, and state championships.
Patron: Stanley
Public schools; student discipline. Prohibits students in preschool through grade three from being suspended or expelled except for drug offenses, firearm offenses, or certain criminal acts.
Patron: DeSteph
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 for the provision of health care services related to the practice of gastroenterology.
Patron: DeSteph
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 that will provide orthopedic services and for the acquisition of certain medical equipment.
Patron: Suetterlein
Three-year provisional licenses; extensions. Requires the Board of Education to extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher upon receiving from the division superintendent (i) a recommendation for such extension and (ii) satisfactory performance evaluations for such teacher for each year of the original three-year provisional license.
Patron: Suetterlein
Certificate of public need; exception. Authorizes the State Health Commissioner (Commissioner) to accept and review applications and issue a certificate of public need for new neonatal care services in Planning District 5, provided that certain conditions are met. The bill provides that the Commissioner shall not deny the application on the basis of economic or service volume impact on existing providers.
Patron: Favola
School Divisions of Innovation; performance-based assessments. Provides that a local school board applying for its school division to be designated as a School Division of Innovation may apply to the Board of Education (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. Under the bill, any proposed performance-based assessment is required to be an adequate replacement of the relevant Standards of Learning assessment by requiring that students 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 (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill requires the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated State plan.
Patron: Peake
Teacher licensure; critical shortage areas. Requires the Board of Education to provide for the issuance of a provisional license, valid for a period not to exceed five years, to any person who does not meet the requirements for licensure imposed by law but who has the appropriate level of experience or training in a critical teacher subject matter shortage area or agrees to teach in a critical teacher geographic area as defined in the Board's regulations. The bill contains an emergency clause.
EMERGENCY
Patron: McClellan
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 15 for the provision of ophthalmic services.
Patron: Howell
Qualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer without first obtaining a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, credit unions, and nonprofit institutions of higher education are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of January 1, 2019, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning October 1, 2018.
Patron: Spruill
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 that will provide orthopedic services and for the acquisition of certain medical equipment.
Patron: Newman
Delivery of prescription drug orders. Provides that whenever any pharmacy delivers a prescription drug order for which refrigeration is required by mail, common carrier, or delivery service, when the drug order is not personally hand delivered directly, to the patient or his agent at the person's residence or other designated location, the shipment shall include a means for the (i) detection of temperature variations that may cause chemical degradation of the drugs and (ii) notification of the patient of the variation.
Patron: McDougle
Teacher licensure; waiver of professional teacher assessments. Provides that a local school board or division superintendent may waive the requirements to complete professional teacher's assessments for any individual who holds a provisional license and is employed by the local school board. The bill provides that such individual is eligible for a five-year renewable license provided all other requirements are met.
Patron: Wexton
School Divisions of Innovation; performance-based assessments. Provides that a local school board applying for its school division to be designated as a School Division of Innovation may apply to the Board of Education (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. Under the bill, any proposed performance-based assessment is required to be an adequate replacement of the relevant Standards of Learning assessment by requiring that students 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 (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill requires the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated State plan.
Patron: Sturtevant
Public schools; Standards of Learning assessments. Reduces the total number and type of required Standards of Learning assessments to the minimum requirements established by the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended. The bill requires the Department of Education to calculate any potential or realized savings from the implementation of the bill and to report the amount of such savings to the Governor and the Chairmen of the House Committee on Appropriations and Senate Committee on Finance by November 1, 2019. Such amount shall be included in the total for Direct Aid to Public Education in any general appropriation act for fiscal years 2021 and 2022.
Patron: Carrico
Doctorate of medical science; licensure and practice. Establishes requirements for licensure and practice as a doctorate of medical science. The bill provides that it is unlawful to practice as a doctorate of medical science unless licensed by the Board of Medicine (Board) and requires that an applicant for licensure, among other requirements, (i) hold an active unrestricted license to practice as a physician assistant in the Commonwealth or another jurisdiction and be able to demonstrate engagement in active clinical practice as a physician assistant under physician supervision for at least three years and (ii) be a graduate of at least a two-year doctor of medical science program or an equivalent program that is accredited by a regional body under the U.S Department of Education and an accrediting body approved by the Board. The bill provides that doctorates of medical science can practice only as part of a patient care team at a hospital or group medical practice engaged in primary care and are required to maintain appropriate collaboration and consultation, as evidenced in a written or electronic practice agreement, with at least one patient care team physician. The bill requires the Board to establish the scope of practice for doctorates of medical science and to promulgate regulations regarding collaboration and consultation among a patient care team and requirements for the practice agreement. The bill outlines the prescriptive authority of doctorates of medical science. The bill also authorizes various powers and requires various duties of a doctorate of medical science where such powers and duties are, under current law, given to and required of physician assistants and nurse practitioners.
Patron: Dunnavant
Three-year provisional licenses; extensions. Permits the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license.
Patron: Dunnavant
Teacher licensure by reciprocity; grace period. Permits teachers with a valid out-of-state license, with full credentials and without deficiencies, to teach in a public elementary or secondary school in the Commonwealth for up to one school year prior to applying for licensure by reciprocity.
Patron: Dunnavant
Teacher licensure; prerequisites. Eliminates the requirements that teachers seeking initial licensure or renewal of a license (i) demonstrate proficiency in the use of educational technology for instruction and (ii) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments.
Patron: Dunnavant
Provisional teacher licensure; grace period. Allows an individual who seeks a provisional teacher license to satisfy certain licensure requirements, such as demonstrating proficiency in the use of educational technology for instruction and completing study in child abuse recognition and intervention, during the period of provisional licensure. Current law requires that such licensure requirements be met prior to the granting of a provisional teacher license.
Patron: Ebbin
Elementary and secondary schools; sexual misconduct. Prohibits any person who is an employee, contractor, or agent of a public school or accredited private school from assisting an employee, contractor, or agent in obtaining a new job if such person knows or has probable cause to believe that such employee, contractor, or agent engaged in sexual misconduct regarding a minor or student.
Patron: Dunnavant
Virginia Community College System. Makes several changes to the Virginia Community College System to ensure a standard quality of education at all comprehensive community colleges, and to ensure in the transfer of community college credit to four-year public institutions of higher education in order to provide higher education as efficiently and cost effective as possible. The bill requires the development of a standard Passport Program and a Uniform Certificate of General Studies program to be offered at each community college. Initially, the Passport Program course offerings would be accepted as credit at a four-year institution, unless a four-year institution had applied for and received a waiver from accepting a particular course for a particular major, with a goal of making all courses in the Uniform Certificate transferrable. Four-year institutions, in cooperation with the Community College System, would be required to map out career education pathways to allow students to see the classes necessary to complete a four-year degree in a particular field of study. The Virginia Community College System would be required to create a single online repository where the public may access all transfer agreements and dual enrollment agreements with four-year institutions. Finally, the State Board for Community Colleges is required to implement an annual review for each community college, and to standardize the course offerings across the community college system.
The bill adds the Virginia Community College System to the Virginia Online Network, and requires that all Passport Program courses be made available through the Network. A community college would be required to indicate whether dual enrollment courses offered at local school division would be eligible for transfer. The Community College system would also be required to maintain a database of all dual enrollment course offered across the Commonwealth.
Patron: Dunnavant
Virginia Longitudinal Data System; workforce data. Requires the State Council of Higher Education for Virginia (SCHEV), through the Virginia Longitudinal Data System, to report additional information regarding the alignment of postsecondary education and workforce in the Commonwealth. The bill also directs the Department of Motor Vehicles, the Virginia Employment Commission, and the Department of Taxation to cooperate with SCHEV to further assist in the collection and sharing of data regarding workforce analysis.
Patron: McPike
Health benefit plan networks; air ambulance providers; duties of health care providers. Requires a health care provider, before arranging for air ambulance services for an individual known to be covered under a health benefit plan, to provide the covered person or his authorized representative a written disclosure and obtain the covered person's or his representative's signature on the disclosure document. The disclosure includes statements that (i) the air ambulance provider may be an out-of-network provider; (ii) if so, the air ambulance provider has not agreed to hold covered persons harmless from payment of any balance due after receiving any payment from the carrier under the covered person's health benefit plan; (iii) indicate the range of the typical charges for out-of-network air ambulance services for which the covered person may be responsible; and (iv) the covered person or his representative may agree to accept and pay the charges of the air ambulance provider as an out-of-network provider, contact the covered person's carrier for additional assistance, or rely on other rights and remedies that may be available under state or federal law. The disclosure is also required to include a statement that the covered person or the covered person's authorized representative may obtain a list of air ambulance providers from the covered person's carrier that are participating providers and may request that the health care provider arrange for air ambulance providers that are participating providers. The measure also provides that if the health care provider is unable to provide the written disclosure or obtain the signature of the covered person or his authorized representative, the health care provider is required to document the reason therefor.
Patron: McPike
Graduation requirements; clock hours. Requires the Board of Education, in its graduation requirements, to permit a passing score on an industry certification approved by the local school board or any instruction received, coursework completed, or study toward achieving such passing score to count toward the requirement for a student to receive 140 clock hours of instruction for any course, regardless of subject matter relevance, provided that such achievement, instruction, coursework, or study occurs after the student has completed the course curriculum and relevant Standards of Learning assessment.
Patron: Peake
Teacher licensure; trade and industrial waiver and career and technical license. Extends the term of the waiver of the teacher licensure requirements that a division superintendent may apply to the Board of Education for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program and removes the requirement that such individual has at least 4,000 hours of recent and relevant employment experience. The bill also removes requirements that an individual seeking a three-year career and technical license (i) has at least four years of full-time work experience or its equivalent in the specific career and technical education subject area in which the individual seeks to teach and (ii) has obtained qualifying scores on the communication and literacy professional teacher's assessment prescribed by the Board.
Patron: Sturtevant
Public institutions of higher education; guaranteed admissions agreements. Provides that the guaranteed admissions agreements between baccalaureate public institutions of higher education and associate-degree-granting public institutions of higher education may provide for the guaranteed admission of a student who earns an associate degree concurrently with a high school diploma through a dual enrollment program, as well as any student who earns an associate degree after high school.
Patron: Sturtevant
Certificate of public need; psychiatric beds and services. Repeals the requirement for a certificate of public need for certain projects involving mental hospitals or psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse. The bill creates a new permitting process for such projects, exempted from the certificate of public need process, that requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
Patron: Barker
Board of Behavioral Health and Developmental Services; definition of "licensed mental health professional." Directs the State Board of Behavioral Health and Developmental Services (State Board) to amend regulations governing licensure of providers of behavioral health services to include (i) behavior analysts and (ii) assistant behavior analysts in the definition of "licensed mental health professional." The bill directs the State Board to promulgate regulations to implement the provisions of the act to be effective within 280 days of its enactment.
Patron: Surovell
Public schools: online courses and virtual programs. Provides that no student shall be charged tuition or fees for enrolling in any online course or virtual program that is required or is offered by the school division in which he resides. The bill provides that no local school board can offer and no student can be required to take any online course or virtual program unless every student enrolled in the course is provided or offered, free of charge, a computer or other electronic device necessary to take the course. Further, the bill provides an exception for the high school graduation requirement to take a virtual course if such requirements are not met.
Patron: Petersen
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the acquisition of the medical equipment necessary for the provision of magnetic resonance imaging (MRI) services in Planning District 8.
Patron: Barker
Definition of qualified mental health professional. Broadens the definition of "qualified mental health professional" to include employees and independent contractors of the Department of Corrections who by education and experience are professionally qualified and registered by the Board of Counseling to provide collaborative mental health services.
Patron: Barker
Military medical personnel program; supervision. Provides that military medical personnel in a program, established by the Department of Veterans Services, who may perform certain delegated acts that constitute the practice of medicine while under the supervision of a physician or podiatrist may also perform such acts under the supervision of the chief medical officer, or his designee, of an organization participating in the program. In addition, the bill removes the designation of this program as a pilot program.
Patron: Reeves
Practice of funeral services; sale of certain items. Excludes from the definition of "practice of funeral services" the sale to the public of receptacles and containers used for burial, entombment, or other final disposition of a dead human body or the remains thereof.
Patron: Carrico
Prescription Monitoring Program; covered substances. Adds controlled substances included in Schedule V for which a prescription is required and naloxone to the list of covered substances the dispensing of which must be reported to the Prescription Monitoring Program.
Patron: Vogel
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the acquisition of the medical equipment necessary for the provision of magnetic resonance imaging (MRI) and computed tomographic (CT) scanning services in the City of Winchester.
Patron: Cosgrove
Certificate of public need; definition of "medical care facility." Adds to the list of medical care facilities for which a certificate of public need is required any facility that has common ownership with an affiliated licensed hospital located within 35 miles of the facility and that includes, as part of the facility, a dedicated emergency department as defined in 42 C.F.R. § 489.24(b) that is subject to the requirements of the federal Emergency Medical Treatment and Labor Act.
Patron: Sturtevant
Teacher licensure; alternate route. Requires the Board of Education to include in its regulations for teacher licensure an alternate route to licensure for elementary education preK-6 and an alternate route to licensure for special education general curriculum K-12. The bill requires each such alternate route to licensure to require individuals to (i) meet the qualifying scores on the content area assessment prescribed by the Board for the endorsements sought and (ii) complete an alternative certification program that provides training in the pedagogy and methodology of the content areas prescribed by the Board.
Patron: Ebbin
Department of Health Professions; suspension of license; nonpayment of student loans. Repeals provisions authorizing an obligee to petition for and a circuit court to order the suspension of any state-issued license to engage in a health care profession or occupation when an obligor is delinquent or in default in the payment of a federally guaranteed or state-guaranteed educational loan or work-conditional scholarship.
Patron: Dunnavant
Certificate of public need; exception. Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 that will provide orthopedic services.
Patrons: Wagner, Ruff
Standards of Achievement Career and Technical Education Committee; established. Directs the Board of Education to establish the Standards of Achievement Career and Technical Education Committee (Committee) to make recommendations to the General Assembly and the Board of Education to facilitate the development of career and technical education Standards of Achievement, including accreditation standards, assessment testing, and course content and curriculum for participating schools, with a focus on (i) rigorous standards and course content and curriculum that align workforce skills with industry-recognized standards; (ii) robust business and industry engagement and responsiveness to labor market needs; (iii) strategies to remove the stigma from career and technical education, including early exposure to career options and life skills; (iv) work-based learning and apprenticeships; (v) innovative high school models; and (vi) leveraging existing resources and programs in the Commonwealth. The Committee shall identify any necessary changes to statutory and regulatory provisions, including existing requirements regarding (a) instructional programs; (b) instructional, administrative, and, support personnel; (c) accreditation; (d) assessments; (e) graduation requirements; (f) teacher licensure; and (g) dual enrollment. The bill requires the Committee to report its findings and recommendation to the General Assembly and the Board of Education by November 1, 2018.
Patron: Deeds
Health instruction; mental health. Requires health instruction to incorporate standards that recognize the multiple dimensions of health by including mental health and the relationship of physical and mental health so as to enhance student understanding, attitudes, and behavior that promote health, well-being, and human dignity. The bill also directs the Board of Education to review and update the health Standards of Learning for students in grades nine and 10 to include mental health.
Patron: Vogel
Track and Trace Program.