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2022 SESSION

22104029D
HOUSE BILL NO. 392
Offered January 12, 2022
Prefiled January 11, 2022
A BILL to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to Sudden Unexpected Death in Epilepsy.
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Patrons-- Murphy, Keam, Clark, Convirs-Fowler, Hayes, Hope, Kory, Maldonado, McQuinn, Price, Rasoul, Reid, Roem, Simon and Simonds
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-283.9 as follows:

§ 32.1-283.9. Investigation of deaths involving Sudden Unexpected Death in Epilepsy; protocol; information; training.

A. For purposes of this section, "Sudden Unexpected Death in Epilepsy" (SUDEP) means the sudden and unexplained death of a healthy individual with epilepsy that is not by drowning, injury, or other known causes.

B. In any case involving a finding of death resulting from SUDEP, the Office of the Chief Medical Examiner shall (i) within 30 days of such finding notify the North American SUDEP Registry that the death has occurred; (ii) provide to the next of kin of the deceased, if known, information regarding the benefits of and process for submitting the deceased's medical information, including information about the deceased's history of epilepsy and seizures, to the North American SUDEP Registry; and (iii) shall indicate SUDEP as the cause of death on the decedent's death certificate.

C. The Office of the Chief Medical Examiner shall publish information on SUDEP and a SUDEP death investigation form on its website.

D. The Epilepsy Foundation of Virginia shall develop and implement a training program for medical examiners on SUDEP and the proper identification of deaths resulting from SUDEP. The Chief Medical Examiner and all local medical examiners shall complete one hour of training in the investigation of SUDEP per triennium. Newly appointed medical examiners shall complete this training within 90 days of appointment.

2. That the provisions of this act shall become effective on January 1, 2023.