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2021 SESSION

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Senate Committee on Education and Health
Subcommittee Health

Lewis (Chair), Saslaw, Barker, Dunnavant, Suetterlein

Clerk: Michael Jackson
Staff: Julia Carlton, Anna Moir
Date of Meeting: January 26, 2021
Time and Place: Update: This meeting has been cancelled.

S.B. 1149

Patron: Kiggans

Nursing home standards of care and staff requirements; regulations. Requires the State Board of Health to establish staffing and care standards in nursing homes to require a minimum of direct care services to each resident per 24-hour period as follows: (i) a minimum of one registered nurse or licensed practical nurse per 15 patients and one certified nursing assistant per eight patients during the daytime; (ii) a minimum of one registered nurse or licensed practical nurse per 20 patients and one certified nursing assistant per 12 patients during the evening; and (iii) a minimum of one registered nurse or licensed practical nurse per 30 patients and one certified nursing assistant per 15 patients during the nighttime. Such requirements may not apply during a health crisis, emergency, or during an outbreak of a communicable disease of public health threat. The bill requires nursing homes to complete a criminal background check on each employee prior to the start of employment and every five years thereafter that the employee remains employed. The bill also requires nursing homes to provide quarterly staff training on first aid, medication administration, and compliance with nursing home policies and procedures.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to nursing home standards of care and staff requirements; regulations.

21101862D

S.B. 1176

Patron: Ruff


Department of Behavioral Health and Developmental Services; barrier crimes. Amends the current barrier crimes requirements for the Department of Behavioral Health and Developmental Services (the Department) to provide that the Department, community services boards, and licensed providers shall not hire for compensated employment at a state facility, permit to be hired as a private provider, approve as a sponsored residential service provider, or permit to enter into a shared living arrangement with a person receiving medical assistance services any person who has been convicted of any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 (i) within the 10 years prior to the application date for employment, and may hire a person who has been convicted of such offenses more than 10 years prior only if he has not been convicted of any other crime or suffered from drug addiction or alcohol abuse within the 10 years prior to the application date for employment, or (ii) if such person continues on probation or parole or has failed to pay required court costs for such offenses set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02. Under current law, with some exceptions, the Department, community services boards, and licensed providers shall not hire for compensated employment persons who have been convicted of any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02.

 

                                                                                                                     

A BILL to amend and reenact §§ 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia, relating to the Department of Behavioral Health and Developmental Services; barrier crimes.

21101250D

S.B. 1235

Patron: Peake

Department of Health; certain communication prohibited. Prohibits any person employed by or who has entered into a contract to provide services on behalf of the Department of Health or a local department of health from initiating communication regarding health-related matters with a minor on behalf of the Department or local department of health without the consent of the minor's parent, except as otherwise required by law.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 32.1 a section numbered 32.1-4.1, relating to Department of Health; certain communication prohibited.

21101145D

S.B. 1237

Patron: Petersen

Certain emergency and quarantine orders; additional procedural requirements. Provides that any person who is affected by an order of quarantine may file an appeal in the circuit court for the city or county in which he resides or is located or the circuit court for the jurisdiction or jurisdictions for any affected area; currently, only a person who is subject to an order of quarantine may appeal the order. The bill also provides that in any case in which the Governor has issued an emergency order that includes any measure that closes schools or businesses or restricts the movement of healthy persons within the area to which the order applies, all of the rights, protections, and procedures applicable in the case of an order of quarantine issued by the Commissioner of Health shall apply.

A BILL to amend and reenact § 32.-48.010 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 44-146.17:1.1, relating to certain emergency and quarantine orders; additional procedural requirements.

21102644D

S.B. 1304

Patron: McPike

Community services boards; discharge planning. Provides that a discharge plan shall be completed within 30 days of the individual's date of discharge from a state hospital or training center. Current law requires that a discharge plan be completed prior to the individual's discharge. The bill also reduces from within 30 days to within 72 hours of the individual's identification as ready for discharge the time by which a community services board must document its disagreement with the determination that an individual is ready for discharge from a state hospital or training center.

A BILL to amend and reenact § 37.2-505 of the Code of Virginia, relating to community services boards; discharge planning.

21102367D

S.B. 1307

Patron: Dunnavant

Department of Medical Assistance Services; school-based health services; telemedicine. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for payment of medical assistance for health care services provided in any public or private primary or secondary school, regardless of whether the student receiving care has an individualized education program or whether the health care service is included in a student's individualized education program. The bill requires that covered services include applied behavior analysis, preventive health care, behavioral health care, diagnostic care including routine screenings, and acute care services and that services may be provided in person or through telemedicine. The bill also requires the Department of Medical Assistance Services to provide technical assistance to the Department of Education and local school divisions to facilitate their understanding of and compliance with federal ordering, referring, and prescribing (ORP) provider screening and enrollment requirements.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to Department of Medical Assistance Services; school-based health services; telemedicine.

21102675D

S.B. 1333

Patron: Lucas

Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed $50,000, to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology.

A BILL to amend and reenact §§ 18.2-250.1, 54.1-2519, 54.1-2521, 54.1-2903, 54.1-3408.3, and 54.1-3442.5 through 54.1-3442.8 of the Code of Virginia, relating to pharmaceutical processors; cannabis products.

21102491D

S.B. 1356

Patron: Kiggans

Hospitals, nursing homes, certified nursing facilities, hospices, and assisted living facilities; visits by clergy; public health emergency. Requires the Board of Health to include in regulations governing hospitals, nursing homes, certified nursing facilities and hospices and the Board of Social Services to include in regulations governing assisted living facilities a requirement that each hospital, nursing home, certified nursing facility, hospice, and assisted living facility allows patients or residents to receive visits from a rabbi, priest, minister, or clergyman of any religious denomination or sect upon request during a declared public health emergency related to a communicable disease of public health threat. The bill provides that any person visiting a patient or resident pursuant to this act shall comply with all reasonable requirements of the hospital, nursing home, certified nursing facility, hospice, or assisted living facility adopted to protect the health and safety of residents, patients, and staff.

A BILL to amend and reenact §§ 32.1-127, 32.1-162.5, and 63.2-1732 of the Code of Virginia, relating to hospitals, nursing homes, certified nursing facilities, hospices, and assisted living facilities; visits by clergy; public health emergency.

21101880D

S.B. 1362

Patron: Lewis

Employers; reporting outbreaks of COVID-19; emergency. Requires employers to report for each worksite with 30 or more employees, or for any multi-employer worksite with 30 or more combined employees, to the local health department when the worksite has had three or more confirmed cases of COVID-19. The employer is required to make such report within 24 hours of becoming aware of such cases. The bill requires the State Department of Health to compile such reports and to make a weekly report available to the public with the compiled information. The bill contains an emergency clause.

A BILL to require employers to report outbreaks of COVID-19; emergency.

21102087D

EMERGENCY

S.B. 1436

Patron: Hanger

Department of Health; Eligible Health Care Provider Reserve Directory. Directs the Department of Health to establish an Eligible Health Care Provider Reserve Directory (the Directory) to collect information regarding eligible health care providers in the Commonwealth who are qualified and who may be available to assist in the response to a public health emergency. The Directory shall include the name, contact information, and licensure, certification, or registration type and status of the eligible health care provider or, if the eligible health care provider is a fourth-year medical student, academic standing and anticipated graduation date of the fourth-year medical student. Every health regulatory board of the Department of Health Professions, the Office of Emergency Medical Services of the Department of Health, and each medical school located in the Commonwealth shall provide such information to the Department of Health for inclusion in the Directory.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 23.1 a section numbered 23.1-110, by adding in Article 3 of Chapter 1 of Title 32.1 a section numbered 32.1-23.3, and by adding a section numbered 54.1-2400.03, relating to Department of Health; Eligible Health Care Provider Reserve Directory.

21100136D

S.B. 1464

Patron: Newman

Drug Control Act; Schedule I. Adds certain chemicals to Schedule I of the Drug Control Act. The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.

A BILL to amend and reenact § 54.1-3446 of the Code of Virginia, relating to Drug Control Act; Schedule I.

21103016D