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2021 SPECIAL SESSION I

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Senate Committee on Education and Health

Chair: L. Louise Lucas

Clerk: Michael Jackson
Staff: Julia Carlton, Anna Moir
Date of Meeting: February 18, 2021
Time and Place: 8 AM/SR West Science Museum/ Public can register @ GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 1736

Patron: Adams, D.M.

School nurses; nomenclature. Prohibits any individual who provides nursing services in a public elementary or secondary school as a school board employee or through a contract with the local health department from using the title of school nurse unless such individual is a registered nurse who possesses an active license to practice in the Commonwealth.

A BILL to amend and reenact § 22.1-274 of the Code of Virginia, relating to school nurses; requirements.

21102518D

H.B. 1747

Patron: Adams, D.M.

Clinical nurse specialist; licensure; practice. Changes from the requirement of registration as clinical nurse specialists to the licensure of nurse practitioners as clinical nurse specialists by the Boards of Medicine and Nursing and provides that a nurse practitioner licensed as a clinical nurse specialist shall practice pursuant to a practice agreement between the clinical nurse specialist and a licensed physician and in a manner consistent with the standards of care for the profession and applicable law and regulations. For the transition of registration to licensure, the bill requires the Boards of Medicine and Nursing to jointly issue a license to practice as a nurse practitioner in the category of a clinical nurse specialist to an applicant who is an advance practice registered nurse who has completed an advanced graduate-level education program in the specialty category of clinical nurse specialist and who is registered by the Board of Nursing as a clinical nurse specialist on July 1, 2021.

A BILL to amend and reenact §§ 54.1-2900, 54.1-2901, 54.1-2957, 54.1-2957.01, and 54.1-3000 of the Code of Virginia and to repeal § 54.1-3018.1 of the Code of Virginia, relating to clinical nurse specialist; licensure by the Boards of Medicine and Nursing.

21100541D

H.B. 1823

Patron: Askew

Public schools, child day programs, and certain other programs; carbon monoxide detectors required. Requires each building that was built before 2015 and that houses any public school classroom for students, licensed child day program, or other program that serves preschool-age children to be equipped with at least one carbon monoxide detector.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-138.2, by adding in Article 8 of Chapter 14.1 of Title 22.1 a section numbered 22.1-289.058, and by adding a section numbered 63.2-1705.2, relating to public schools, child day programs, and certain other programs; carbon monoxide detectors required.

21101635D

H.B. 1831

Patron: Head

Home care organizations; personal care services; supervision; regulations. Directs the Board of Health to include in regulations governing home care organizations a provision for supervision of home care attendants providing personal care services by a licensed nurse through use of interactive audio or video technology.

A BILL to amend and reenact § 32.1-162.12 of the Code of Virginia, relating to home care organizations; personal care services; supervision; regulations.

21100823D

H.B. 1838

Patron: Reid

Loudoun County school board; staggered terms. Enables the Loudoun County school board to stagger the terms of its members at the November election immediately preceding the end of the board's term and upon the board's prior vote for staggered terms.

A BILL to amend and reenact § 22.1-57.3:1.1 of the Code of Virginia, relating to Loudoun County school board; staggered terms.

21100857D

H.B. 1865

Patron: Delaney

Certain students in kindergarten through grade 3; reading intervention services. Requires reading intervention services for students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading test or any reading diagnostic test that meets criteria established by the Department of Education to be evidence-based, including services that are grounded in the science of reading, and include explicit, systematic, sequential, and cumulative instruction, to include phonemic awareness, systematic phonics, fluency, vocabulary development, and text comprehension as appropriate based on the student's demonstrated reading deficiencies. The bill requires the parent of each student who receives such reading intervention services to be notified before the services begin and the progress of each such student to be monitored throughout the provision of services.

A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, relating to certain students in kindergarten through grade 3; reading intervention services.

21101101D

H.B. 1894

Patron: Kory

Certain employees of the Department of Juvenile Justice; naloxone or other opioid antagonist. Authorizes employees of the Department of Juvenile Justice designated as probation and parole officers or as juvenile correctional officers to possess and administer naloxone or other opioid antagonist for overdose reversal pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his professional practice.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia, relating to certain employees of the Department of Juvenile Justice; naloxone or other opioid antagonist.

21101928D

H.B. 1909

Patron: Subramanyam

Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-131.1, relating to certain school board property; establishment of gun-free zone permitted.

21103262D

H.B. 1930

Patron: Aird


Public institutions of higher education; admissions applications; criminal history. Prohibits each public institution of higher education, with the exception of the Virginia Military Institute, from (i) utilizing an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) denying admission to any applicant on the basis of any criminal history information provided by the applicant on any third-party admissions application accepted by the institution. The bill permits each public institution of higher education to inquire into the criminal history of any individual who has been admitted to but has yet to enroll at the institution and withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution's community. The bill has a delayed effective date of January 1, 2022.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-407.1, relating to public institutions of higher education; admissions applications; criminal history.

21100825D

H.B. 1950

Patron: Ayala

Department of Health and the Office of the Chief Medical Examiner; plan for the establishment of a Fetal and Infant Mortality Review Team; report. Directs the Office of the Chief Medical Examiner of the Department of Health to convene a work group to develop a plan for the establishment of a Fetal and Infant Mortality Review Team and to report such plan to the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2021.

A BILL to require the Office of the Chief Medical Examiner to convene a work group to develop a plan for the establishment of a Fetal and Infant Mortality Review Team; report.

21103383D

H.B. 1963

Patron: Bagby

Cooperative local health budget; report. Provides that funding for local health departments shall consist of such state funds as may be allocated for the operation of the local health department together with local matching funds and estimated self-generated local service revenues, the total amount of which shall constitute the cooperative local health budget available to a local department of health, and that the amount of local matching funds for which a county or city is responsible shall be based on the county's or city's revenue generation capacity factor, as defined in the bill; in no case, however, shall the amount of local matching funds required be greater than 45 percent or less than 18 percent of the total amount of the cooperative local health budget for the local health department that serves the county or city, after deducting estimated self-generated local service revenues. The bill directs the Department of Health to biennially review the local matching fund amount for each county and city, determine whether such amount should be revised as a result of changes to the county's or city's revenue generation capacity, and report the results of such review and any recommendations for changes to a county's or city's local matching fund amount to the Governor and the General Assembly.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 1 of Title 32.1 a section numbered 32.1-34.3, relating to cooperative local health budget; report.

21102417D

H.B. 1976

Patron: Willett

Virginia Health Workforce Development Authority; mission; membership. Adds to the mission of the Virginia Health Workforce Development Authority (i) developing strategies to increase diversity in the health workforce by examining demographic data on race and ethnicity in training programs and health professional licensure, (ii) identifying ways to leverage technology to increase access to health workforce training and health care delivery, and (iii) developing a centralized health care careers roadmap in partnership with the Department of Health Professions that includes information on both licensed and unlicensed professions and that is disseminated to the Commonwealth's health care workforce stakeholders to raise awareness about available career pathways. The bill increases from three to five the number of members representing health professionals or employers or representatives of health professionals on the Board of Directors of the Authority and removes the requirement that the chairman and vice-chairman of the Board of Directors be legislative members. The bill adds the Chief Workforce Development Advisor to the list of officials and entities to whom the Board of Directors reports biennially on the activities and recommendations of the Authority.

A BILL to amend and reenact §§ 32.1-122.7 and 32.1-122.7:1 of the Code of Virginia, relating to Virginia Health Workforce Development Authority; mission; membership.

21102182D

H.B. 1980

Patron: Reid

Enslaved Ancestors College Access Scholarship and Memorial Program established. Establishes the Enslaved Ancestors College Access Scholarship and Memorial Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia Military Institute, and The College of William and Mary in Virginia, starting in the 2022-2023 academic year and with any source of funds other than state funds or tuition or fee increases, are required to annually (i) identify and memorialize, to the extent possible, all enslaved individuals who labored on former and current institutionally controlled grounds and property and (ii) provide a tangible benefit such as a college scholarship or community-based economic development program for individuals or specific communities with a demonstrated historic connection to slavery that will empower families to be lifted out of the cycle of poverty.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-615.1, relating to the establishment of the Enslaved Ancestors College Access Scholarship and Memorial Program.

21103782D

H.B. 1987

Patron: Adams, D.M.

Telemedicine. Requires the Board of Medical Assistance Services to amend the state plan for medical assistance to provide for payment of medical assistance for remote patient monitoring services provided via telemedicine for certain high-risk patients, makes clear that nothing shall preclude health insurance carriers from providing coverage for services delivered through real-time audio-only telephone that are not telemedicine, and clarifies rules around prescribing of Schedule II through VI drugs via telemedicine, including establishing a practitioner-patient relationship via telemedicine.

A BILL to amend and reenact §§ 32.1-325, 38.2-3418.16, and 54.1-3303 of the Code of Virginia, relating to telemedicine.

21103569D

H.B. 1988

Patron: Adams, D.M.

Board of Pharmacy; pharmaceutical processors; processing and dispensing cannabis oil; report. Effects numerous changes to the processing and dispensing of cannabis oil by pharmaceutical processors in the Commonwealth. The bill allows written certifications for use of cannabis oil to include an electronic practitioner signature. The bill also eliminates the requirement that a pharmacist have oversight of the cultivation and processing areas of a pharmaceutical processor, instead requiring pharmaceutical processors to designate a person to oversee cultivation and production areas; removes the requirement that a cannabis dispensing facility undergo quarterly inspections, instead requiring that inspections occur no more than once annually; and allows pharmaceutical processors to remediate cannabis oil that fails any quality testing standard. The bill requires pharmaceutical processors to maintain evidence of criminal background checks for all employees and delivery agents of the pharmaceutical processor. The bill directs the Board of Pharmacy to promulgate regulations implementing the provisions of the bill and regulations creating reasonable restrictions on advertising and promotion by pharmaceutical processors by July 1, 2021, and directs the Board of Pharmacy to solicit input from stakeholders and appropriate agencies of the Commonwealth in order to develop recommendations for legislative action to permit the acceptance of cannabis products by hospices and hospice facilities in the Commonwealth and report its findings and recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by October 1, 2021.

A BILL to amend and reenact §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to Board of Pharmacy; pharmaceutical processors; processing and dispensing cannabis oil.

21103668D

H.B. 2007

Patron: Sickles

Prescription drug price transparency. Directs the Department of Health to enter into a contract or an agreement with a nonprofit data services organization to collect, compile, and make available on its website information about prescription drug pricing and requires every health carrier, pharmacy benefits manager, and drug manufacturer to report information about prescription drug prices to the nonprofit data services organization with which the Department of Health has entered into a contract for such purpose. The bill provides that in any case in which the Department determines that the data reported by health carriers, pharmacy benefit managers, and drug manufacturers is insufficient, the Department may require wholesale distributors to report certain data about prescription drug costs. The bill has a delayed effective date of January 1, 2022.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 1 of Title 32.1 a section numbered 32.1-23.3, by adding a section numbered 38.2-3407.15:6, by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.22, by adding in Article 3 of Chapter 34 of Title 54.1 a section numbered 54.1-3436.1, and by adding in Article 4 of Chapter 34 of Title 54.1 a section numbered 54.1-3442.02, relating to prescription drug price transparency.

21103917D

H.B. 2013

Patron: Roem

School board policies; school meal debt; enforcement. Requires each school board to adopt a policy that prohibits the board from filing a lawsuit against a student or the student's parent because the student cannot pay for a meal at school or owes a school meal debt.

A BILL to amend and reenact § 22.1-79.7 of the Code of Virginia, relating to school board policies; school meal debt; enforcement.

21101524D

H.B. 2019

Patron: McQuinn

Public elementary and secondary schools; possession and administration of undesignated stock albuterol inhalers and valved holding chambers. Requires each local school board to adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication. The bill requires the Department of Health, in conjunction with the Department of Education, to develop and implement policies for the administration of stock albuterol in public schools.

A BILL to amend and reenact §§ 8.01-225, 22.1-274.2, and 54.1-3408 of the Code of Virginia, relating to public elementary and secondary schools; possession and administration of undesignated stock albuterol inhalers and valved holding chambers.

21102599D

H.B. 2027

Patron: Coyner

Standards of Learning assessments; reading and mathematics; grades three through eight; individual student growth. Requires the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. The bill requires such through-year growth assessment system to include at least one beginning-of-year and one end-of-year assessment in order to provide individual student growth scores over the course of the school year, provided that the total time scheduled for taking all such assessments shall not exceed 150 percent of the time scheduled for taking a single end-of-year proficiency assessment. The bill requires the Department of Education to ensure adequate training for teachers and principals on how to interpret and use student growth data from such assessments to improve reading and mathematics instruction in grades three through eight throughout the school year. The bill requires such through-year growth assessment system to be fully implemented in each local school division no later than the 2024-2025 school year.

A BILL to amend and reenact § 22.1-253.13:3 of the Code of Virginia, relating to Standards of Learning assessments; reading and mathematics; grades three through eight; individual student growth.

21103824D

H.B. 2039

Patron: Rasoul

Practice as a physician assistant. Allows a physician assistant to enter into a practice agreement with more than one patient care team physician or patient care team podiatrist and provides that a patient care team physician or patient care team podiatrist shall not be liable for the actions or inactions of a physician assistant for whom the patient care team physician or patient care team podiatrist provides collaboration and consultation. The bill also makes clear that a student physician assistant shall not be required to be licensed in order to engage in acts that otherwise constitute practice as a physician assistant, provided that the student physician assistant is enrolled in an accredited physician assistant education program.

A BILL to amend and reenact §§ 54.1-2902, 54.1-2950.1, 54.1-2951.1, 54.1-2951.2, 54.1-2952, 54.1-2952.1, 54.1-2953, and 54.1-2972 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2951.4, relating to practice as a physician assistant.

21102733D

H.B. 2061

Patron: Willett

Virginia Immunization Information System; health care entities; required participation. Requires any health care provider in the Commonwealth that administers immunizations to participate in the Virginia Immunization Information System (VIIS) and report patient immunization history and information to VIIS. Under current law, participation in VIIS is optional for authorized health care entities. The bill has a delayed effective date of January 1, 2022.

A BILL to amend and reenact § 32.1-46.01 of the Code of Virginia, relating to Virginia Immunization Information System; health care entities; required participation.

21102411D

H.B. 2079

Patron: Rasoul

Pharmacists; initiation of treatment; certain drugs and devices. Expands provisions governing the initiation of treatment with and dispensing and administering of drugs and devices by pharmacists to allow the initiation of treatment with and dispensing and administering of drugs, devices, and controlled paraphernalia to persons 18 years of age or older, in accordance with protocols developed by the Board of Pharmacy in collaboration with the Board of Medicine and the Department of Health, and of (i) vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention; (ii) tuberculin purified protein derivative for tuberculosis testing; (iii) controlled substances for the prevention of human immunodeficiency virus, including controlled substances prescribed for pre-exposure and post-exposure prophylaxis pursuant to guidelines and recommendations of the Centers for Disease Control and Prevention; and (iv) drugs, devices, controlled paraphernalia, and other supplies and equipment available over-the-counter, covered by the patient's health carrier when the patient's out-of-pocket cost is lower than the out-of-pocket cost to purchase an over-the-counter equivalent of the same drug, device, controlled paraphernalia, or other supplies or equipment. The bill requires any pharmacist who administers a vaccination pursuant to clause (i) to report such administration to the Virginia Immunization Information System. The bill also (a) requires the Board of Pharmacy, in collaboration with the Board of Medicine and the Department of Health, to establish protocols for the initiation of treatment with and dispensing and administering of drugs, devices, and controlled paraphernalia by pharmacists in accordance with the provisions of the bill by November 1, 2021; (b) requires the Board of Pharmacy, in collaboration with the Board of Medicine, to adopt regulations within 280 days of the bill's enactment to implement the provisions of the bill; and (c) requires the Board of Pharmacy to convene a work group composed of equal number of representatives of the Boards of Pharmacy and Medicine and other stakeholders to provide recommendations regarding the developing of protocols for the initiation of treatment with and dispensing and administering of certain drugs and devices by pharmacists to persons 18 years of age or older. A BILL to amend and reenact §§ 54.1-3300 and 54.1-3303.1 of the Code of Virginia, relating to pharmacists; initiation of treatment; certain drugs and devices.

21102543D

H.B. 2086

Patron: McGuire

Child care providers; background checks; portability. Exempts prospective employees and volunteers of certain child welfare agencies from statutory background check requirements where the individual completed a background check within the previous five years, provided that (i) such background check was conducted after July 1, 2017; (ii) the results of such background check indicated that the individual had not been convicted of any barrier crime and was not the subject of a founded complaint of child abuse or neglect; and (iii) the individual is an employee or volunteer of any child welfare agency that is subject to background check requirements or has been separated from such employment or volunteer position for not more than 180 days. The bill requires such child welfare agencies, prior to hiring or allowing to volunteer any individual without the completion of a background check, to obtain written certification from the Department of Education that such individual satisfies all such requirements and is eligible to serve as an employee or volunteer at the child welfare agency. The bill also directs the Department of Education to establish a two-year pilot program for the purpose of stabilizing and improving the quality of child care services in the Commonwealth, which shall include payment of a fixed amount of funds to providers that have agreed to meet certain standards related to quality of care provided, to the extent allowed by federal law, and to report on the pilot program by December 1 of each year.

A BILL to amend and reenact §§ 19.2-389, as it is currently effective and as it shall become effective, 22.1-289.035, as it shall become effective, 22.1-289.039, as it shall become effective, 63.2-1720.1, and 63.2-1724 of the Code of Virginia, relating to child care providers; background check portability; subsidy pilot program; report.

21103805D

H.B. 2105

Patron: Bulova

Early childhood education; quality rating and improvement system participation; School Readiness Committee. Delays until the 2022%962023 school year the requirement for all publicly funded early childhood education providers to participate in a quality rating and improvement system to be established by the Board of Education by July 1, 2021. The bill also delays from the fall of 2023 to the fall of 2024 the publication of initial quality ratings for such providers. The bill reinstates the School Readiness Committee and alters the composition and scope of the work of the School Readiness Committee.

A BILL to amend and reenact § 2.2-208.1 of the Code of Virginia and to amend and reenact the second and eleventh enactments of Chapter 860 and the second and eleventh enactments of Chapter 861 of the Acts of Assembly of 2020, relating to early childhood education; quality rating and improvement system participation; School Readiness Committee.

21102419D

H.B. 2116

Patron: Mugler

Certain declared states of emergency; essential workers; funeral service licensees; emergency. Provides that in any case in which the Board of Health or Commissioner of Health has made an emergency order or regulation for the purpose of suppressing nuisances dangerous to the public health or a communicable , contagious, or infectious disease or other danger to the public life and health or the Governor has declared a state of emergency related to a communicable disease of public health threat, funeral service licensees and persons employed by a funeral service establishment or by a public medical examination facility shall be considered essential workers and shall be included in any group afforded priority with regard to (i) access to personal protective equipment and (ii) administration of any vaccination against such communicable disease of public health threat during such emergency. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding sections numbered 32.1-42.2 and 44-146.17:1.1, relating to declaration of emergency; essential workers; access to personal protective equipment and immunization; emergency.

21103537D

EMERGENCY

H.B. 2120

Patron: Keam

Public institutions of higher education; governing boards; meetings, input, and disclosures. Requires the governing board of each public institution of higher education to establish and maintain on the institution's website (i) a listing of all board members, including the name of the Governor who made each appointment and the date of each appointment; (ii) a listing of all committees created by the board and the membership of each committee; (iii) a schedule of all upcoming meetings of the full board and its committees and instructions for the public to access such meetings; (iv) an archive of agendas and supporting materials for each meeting of the governing board and its committees that were held; and (v) an email address or email addresses that allow board members to receive public communications pertaining to board business. The bill requires such boards to solicit the input of representatives of the institution's faculty senate or its equivalent (a) at least twice per academic year on topics of general interest to the faculty and (b) in advance of decisions to be made on the search for the institution's new chief executive officer. The bill also requires the State Council of Higher Education for Virginia, in consultation with the Virginia Freedom of Information Advisory Council, to work with each public institution of higher education and with technology experts to develop a minimal uniform standard, to the extent practicable, for providing the public with real-time electronic access to meetings of the governing boards of public institutions of higher education.

A BILL to amend and reenact §§ 23.1-409, 23.1-802, and 23.1-1303 of the Code of Virginia, relating to public institutions of higher education; governing boards; meetings, input, and disclosures.

21103246D

H.B. 2124

Patron: Lopez

Department of Medical Assistance Services; testing for, treatment of, and vaccination against COVID-19; emergency services. Directs the Department of Medical Assistance Services to, during a public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services, deem testing for, treatment of, and vaccination against COVID-19 to be emergency services for which payment may be made pursuant to federal law for certain aliens not lawfully admitted for permanent residence. A BILL to require the Department of Medical Assistance Services to deem testing for, treatment of, and vaccination against COVID-19 to be emergency services.

21102611D

H.B. 2135

Patron: Roem

Certain school boards; student meals; participation in the Afterschool Meal Program. Requires each school board that governs a local school division that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program to apply to the Department of Education to participate in the Afterschool Meal Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The bill requires the Department of Education to administer the Afterschool Meal Program on behalf of the U.S. Department of Agriculture. The bill provides that the Superintendent of Public Instruction shall issue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The bill requires the Department of Education to develop a process and criteria for evaluating such waivers. The bill has a delayed effective date of July 1, 2022.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.4:2, relating to certain school boards; student meals; participation in the Afterschool Meal Program.

21102541D

H.B. 2154

Patron: Adams, L.R.

Hospitals, nursing homes, and certified nursing facilities; regulations; patient access to intelligent personal assistant. Directs the Board of Health to amend regulations governing hospitals, nursing homes, and certified nursing facilities to require each hospital, nursing home, and certified nursing facility to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant provided by the patient while receiving inpatient services. "Intelligent personal assistant" is defined in the bill as a combination of an electronic device and a specialized software application designed to assist users with basic tasks using a combination of natural language processing and artificial intelligence, including such combinations known as "digital assistants" or "virtual assistants."

 A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to hospitals, nursing homes, and certified nursing facilities; regulations; patient access to intelligent personal assistant.

21103464D

H.B. 2162

Patron: Tran

Medical care facilities; persons with disabilities; designated support persons. Requires every medical care facility, as defined in the bill, to allow a person with a disability who requires assistance as a result of such disability to be accompanied by a designated support person who will provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability during an admission to such medical care facility. The bill (i) defines "person with a disability" and "designated support person"; (ii) provides that a designated support person shall not be subject to restrictions on visitation adopted by the medical care facility but may be required to comply with reasonable requirements of the medical care facility adopted to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility; and (iii) authorizes a medical care facility to restrict a designated support person's access to specified areas and movement on the premises of the medical care facility when such restrictions are determined by the medical care facility to be reasonably necessary to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility. The bill requires every medical care facility to adopt protocols to inform patients of their right to be accompanied by a designated support person, and to develop and make available to persons with disabilities written information regarding the right of a person with a disability to be accompanied by a designated support person and policies related thereto. The bill contains an emergency clause and directs the Board of Health to adopt emergency regulations within 280 days of the bill's enactment.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 5 of Title 32.1 a section numbered 32.1-137.08, relating to medical care facilities; persons with disabilities; designated support persons.

21103593D

EMERGENCY

H.B. 2176

Patron: Torian

School board policies; abusive work environments; definitions. Defines, for the purposes of mandatory school board policies relating to abusive work environments, the terms "abusive conduct," "abusive work environment," "physical harm," and "psychological harm." The bill clarifies that the requirement to adopt such policies shall not be construed to limit a school board's authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary.

A BILL to amend and reenact § 22.1-291.4 of the Code of Virginia, relating to school board policies; abusive work environments; definitions.

21102247D

H.B. 2220

Patron: Hayes

Surgical technologist; certification; use of title. Provides that that no person shall hold himself out to be a surgical technologist or use or assume the title of "surgical technologist" or "certified surgical technologist" unless such person is certified by the Board of Medicine; currently, a person must be registered with the Board of Medicine to use the title "registered surgical technologist." The bill also (i) adds a requirement that an applicant whose certification is based on his holding a current credential as a certified surgical technologist from the National Board of Surgical Technology and Surgical Assisting also demonstrate that he has successfully completed an accredited surgical technologist training program and (ii) provides that the Board of Medicine may certify a person who has practiced as a surgical technologist at any time in the six months prior to July 1, 2021, provided that he registers with the Board of Medicine by December 31, 2021.

A BILL to amend and reenact § 54.1-2956.12 of the Code of Virginia, relating to surgical technologist; certification; use of title.

21102622D

H.B. 2238

Patron: Kory

Licensed private schools for students with disabilities; accreditation. Directs the Board of Education to require, pursuant to regulation, any private school for students with disabilities that is licensed by the Board, as a condition for renewal of its initial license to operate, to obtain accreditation from an accrediting agency recognized by the Virginia Council for Private Education within three years of the issuance of its initial triennial license by the Board. The bill provides that, notwithstanding the foregoing requirement, any private school for students with disabilities that is licensed to operate by the Board as of July 1, 2021, shall obtain accreditation from an accrediting agency recognized by the Virginia Council for Private Education no later than July 1, 2024.

A BILL to amend and reenact § 22.1-323 of the Code of Virginia, relating to licensed private schools for students with disabilities; accreditation.

21101979D

H.B. 2299

Patron: Carr

Department of Education; duties; special education. Requires the Department of Education to (i) provide training and guidance documents to local school divisions on the development of Individualized Education Programs (IEPs) for children with disabilities, (ii) develop a training module for each individual who participates in an IEP meeting, with the exception of parents, (iii) annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations, (iv) develop and maintain a statewide plan for improving (a) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (b) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities, (v) develop and maintain a statewide strategic plan for recruiting and retaining special education teachers, and (vi) (a) conduct a one-time targeted review of the transition sections of a random sample of students' IEPs in each school division; (b) communicate its findings to each local school division, school board, and local special education advisory committee; and (c) ensure that local school divisions correct any IEPs that are found to be out of compliance no later than the end of the 2021-22 school year.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-214.4, relating to the Department of Education; duties; special education.

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H.B. 2300

Patron: Delaney

State Board of Health; hospitals; emergency treatment for substance use-related emergencies; services. Requires each hospital with an emergency department that is currently regulated by the State Board of Health (the Board) to establish a protocol for treatment and discharge of individuals experiencing a substance use-related emergency, which shall include provisions for (i) appropriate screening and assessment of individuals experiencing substance use-related emergencies and (ii) recommendations for follow-up care, which may include dispensing of naloxone or other opioid antagonist used for overdose reversal, issuance of a prescription for naloxone, and information about accessing naloxone at a community pharmacy or organization that dispenses naloxone or other opioid antagonist to persons without a prescription. Such protocols may also include referrals to peer recovery specialists and community-based providers of behavioral health services or providers of pharmacotherapy for the treatment of drug or alcohol dependence or mental health diagnoses. The bill also directs the Department of Health, together with the Department of Health Professions, to convene a work group to develop recommendations for best practices for the treatment and discharging of patients in emergency departments experiencing opioid-related emergencies, including overdose, which shall include recommendations for best practices related to (a) performing substance use assessments and screenings for patients experiencing opioid-related overdose and other high-risk patients; (b) prescribing and dispensing naloxone or other opioid antagonists used for overdose reversal; (c) connecting patients treated for opioid-related emergencies, including overdose, and their families with community substance abuse resources, including existing harm reduction programs and other treatment providers; and (d) identifying barriers to and developing solutions to increase the availability and dispensing of naloxone or other opioid antagonist used for overdose reversal at hospitals and community pharmacies and by other community organizations. The bill also provides that hospitals in the Commonwealth may enter into agreements with the Department of Health for the provision to uninsured patients of naloxone or other opioid antagonist used for overdose reversal.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to State Board of Health; hospitals; emergency treatment for substance use-related emergencies; services.

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H.B. 2305

Patron: Tyler

Board of Education; guidance on the governance of academic year Governor's Schools. Requires the Board of Education to issue guidance on the governance of academic year Governor's Schools, including communication and outreach practices, admissions policies, and guidelines on diversity, equity, and inclusion training. The bill requires such guidance to focus on the importance of increasing access to Governor's Schools for historically underserved students and to include best practices on (i) conducting information sessions about the school and the availability of gifted, advanced, and specialty education program opportunities for feeder public middle schools; (ii) strengthening the student pipeline in feeder public middle schools, prioritizing the most underserved and underrepresented students and public middle schools; and (iii) conducting programs related to and evaluations of diversity, equity, and inclusion. The bill requires the Board of Education, in developing such guidance, to collaborate with relevant stakeholders representing the geographical areas served by the Regional Governor's Schools, including local school boards representing the geographical areas served by the Regional Governor's Schools, Regional Governor's School boards, and Governor's School directors.

A BILL to require the Board of Education to issue guidance on the governance of academic year Governor's Schools.

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H.B. 2316

Patron: Mundon King

Department of Education and Board of Education; special education and related services for students with disabilities. Requires the Department of Education to update its special education eligibility worksheets as necessary, including clarifying any ambiguity or vagueness in eligibility criteria, and provide to each local school division the appropriate level of guidance on eligibility determinations for special education and related services. The bill requires the Board of Education to amend its regulations to ensure that each education preparation program graduate in a K-12 general education endorsement area demonstrates proficiency in understanding the role of general education teachers on the individualized education program (IEP) team.

A BILL to require the Department of Education and Board of Education to take certain actions relating to special education and related services for students with disabilities.

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