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2023 SESSION

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23104274D
HOUSE BILL NO. 2402 Offered January 17, 2023 A BILL to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to Sudden Unexpected Death in Epilepsy; protocol; information; training. ----------
Patrons-- Seibold, Murphy, Adams, D.M., Clark, Guzman, Hope, Jenkins, Kory, Mundon King, Plum, Rasoul, Shin, Simon and Subramanyam
---------- Unanimous consent to introduce ---------- Referred to Committee on Health, Welfare and Institutions ----------

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" or "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 (i) shall, in addition to other information it deems appropriate, indicate SUDEP as the cause of death on the decedent's death certificate and (ii) shall within 30 days of such finding refer the case to the Epilepsy Foundation of Virginia, which shall provide to the decedent's next of kin, 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.

C. The Epilepsy Foundation of Virginia shall provide the Office of the Chief Medical Examiner resources with information on SUDEP, which the Office of the Chief Medical Examiner shall publish, with a SUDEP death investigation form, on its website.

D. The Chief Medical Examiner and all assistant medical examiners shall complete one hour of virtual training in the investigation of SUDEP per triennium through the Epilepsy Foundation of Virginia. Newly appointed medical examiners shall complete such training within 90 days of appointment.

2. That the provisions of this act shall become effective on January 1, 2024.