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2022 SESSION
22103968DBe it enacted by the General Assembly of Virginia:
1. That § 32.1-42.1 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-42.1. Administration and dispensing of necessary drugs and devices during a declared disaster or emergency.
The Commissioner, pursuant to § 54.1-3408, may authorize persons
who are not authorized by law to administer or dispense drugs or devices to
administer or dispense all necessary drugs or devices in accordance with
protocols established by the Commissioner when (i) the Governor has declared a
disaster or a state of emergency or, the United States Secretary
of Health and Human Services has issued a declaration of an actual or potential
bioterrorism incident or other actual or potential public health emergency, or when the Board has
made an emergency order pursuant to § 32.1-13 for the purpose of suppressing
nuisances dangerous to the public health and communicable, contagious,
and infectious diseases and other dangers to the public life and health;
(ii) it is necessary to permit the provision of needed drugs or devices; and
(iii) such persons have received the training necessary to safely administer or
dispense the needed drugs or devices. Such persons shall administer or dispense
all drugs or devices under the direction, control,
and supervision of the Commissioner. For purposes of this section,
"administer," "device," "dispense," and
"drug" shall have the same meaning as provided in § 54.1-3401. The
Commissioner shall develop protocols, in consultation with the Department of Health
Professions, that address the required training of such persons and procedures
for such persons to use in administering or dispensing drugs or devices.