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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
Petersen (Chair), Saslaw, Barker, Dunnavant, Suetterlein
Staff: J. Bergamini, J. Carlton
Date of Meeting: January 31, 2023
Time and Place: 4 PM / Senate Subcommittee Room 2
Patron: Chase
Establishment of the Save Adolescents from Experimentation (SAFE) Act; health benefit plans; coverage for gender transition procedures. Creates the Save Adolescents from Experimentation (SAFE) Act, which prohibits gender transition procedures, defined in the bill, for individuals under 18 years of age and prohibits the use of public funds for gender transition procedures for individuals under 18 years of age. The bill establishes enforcement procedures for violation of the SAFE Act. The bill provides that a health benefit plan providing health care coverage in the Commonwealth is prohibited from providing coverage for gender transition procedures for individuals younger than 18 years of age and is not required to provide coverage for gender transition procedures for individuals 18 years of age or older.
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-379, and by adding a section numbered 38.2-3449.2, relating to establishment of the Save Adolescents from Experimentation (SAFE) Act; health benefit plans; coverage for gender transition procedures.
23100911D
Patron: Chase
COVID-19 immunization; prohibition on requirement; discrimination prohibited; civil penalty. Prohibits the State Health Commissioner and the Board of Health, the Board of Behavioral Health and Developmental Services, the Department of Health Professions and any regulatory board therein, and the Department of Social Services from requiring any person, including any child, to undergo vaccination for COVID-19 and prohibits discrimination based on a person's COVID-19 vaccination status (i) with regard to education, employment, or issuance of a driver's license or other state identification or (ii) in numerous other contexts. The bill establishes a civil penalty for violation of this prohibition by an employer.
A BILL to amend and reenact §§ 2.2-2901.1, 2.2-3004, 15.2-1500.1, 15.2-1507, 15.2-1604, 22.1-271.2, 22.1-271.4, 22.1-289.031, 22.1-295.2, 22.1-306, 23.1-800, 32.1-43, 32.1-47, 32.1-47.1, 32.1-48, 44-146.17, as it is currently effective and as it shall become effective, 63.2-603, and 65.2-402.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 32.1 a section numbered 32.1-15.2, by adding in Article 3 of Chapter 2 of Title 32.1 a section numbered 32.1-48.002, by adding in Chapter 2 of Title 37.2 a section numbered 37.2-205, by adding sections numbered 38.2-3100.4 and 40.1-27.5, by adding in Article 4 of Chapter 3 of Title 46.2 a section numbered 46.2-333.2, by adding in Chapter 24 of Title 54.1 a section numbered 54.1-2409.6, and by adding in Article 2 of Chapter 2 of Title 63.2 a section numbered 63.2-221.1, relating to COVID-19 vaccination status; discrimination prohibited; civil penalty.23100914D
Patron: Favola
Hospital emergency departments; required security and training; regulations. Directs the Board of Health to amend its regulations to require every hospital with an emergency department to have at least one off-duty law-enforcement officer or a trained security officer present at all times. Hospital protocols shall ensure such officers providing security receive training in the use of weapons, defensive tactics, de-escalation techniques, appropriate physical restraint techniques, crisis intervention, and trauma-informed approaches in identifying and safely addressing situations involving patients, family members, or other persons who pose a risk of harm to themselves or others due to mental illness or substance abuse or who are experiencing a mental health crisis.
A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to hospital emergency departments; required security and training; regulations.23101960D
Patron: Chase
COVID-19 immunization; prohibition on requirement; discrimination prohibited; civil penalty. Prohibits the State Health Commissioner and the Board of Health, the Board of Behavioral Health and Developmental Services, the Department of Health Professions and any regulatory board therein, and the Department of Social Services from requiring any person, including any child, to undergo vaccination for COVID-19 and prohibits discrimination based on a person's COVID-19 vaccination status (i) with regard to education, employment, or issuance of a driver's license or other state identification or (ii) in numerous other contexts. The bill establishes a civil penalty for violation of this prohibition by an employer.
A BILL to amend and reenact §§ 2.2-2901.1, 2.2-3004, 15.2-1500.1, 15.2-1507, 15.2-1604, 22.1-271.2, 22.1-271.4, 22.1-289.031, 22.1-295.2, 22.1-306, 23.1-800, 32.1-43, 32.1-47, 32.1-47.1, 32.1-48, 44-146.17, as it is currently effective and as it shall become effective, 63.2-603, and 65.2-402.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 32.1 a section numbered 32.1-15.2, by adding in Article 3 of Chapter 2 of Title 32.1 a section numbered 32.1-48.002, by adding in Chapter 2 of Title 37.2 a section numbered 37.2-205, by adding sections numbered 38.2-3100.4 and 40.1-27.5, by adding in Article 4 of Chapter 3 of Title 46.2 a section numbered 46.2-333.2, by adding in Chapter 24 of Title 54.1 a section numbered 54.1-2409.6, and by adding in Article 2 of Chapter 2 of Title 63.2 a section numbered 63.2-221.1, relating to COVID-19 vaccination status; discrimination prohibited; civil penalty.23102361D
Patron: Petersen
Certificate of public need; expedited review process; work group. Requires the Department of Health to establish an expedited review process for certain projects involving addition of imaging equipment, addition of a new ambulatory or outpatient surgery center, addition of operating rooms at an existing ambulatory or outpatient surgery center, and addition of psychiatric beds or conversion of existing beds at a medical care facility to psychiatric beds and requires the Board of Health to include in regulations governing the certificate of public need program a provision for the development of review criteria and standards for specific medical care facilities and health care services for each health planning region that take into account the unique needs and characteristics of such region. The bill also amends the definition of "charity care," redefines "clinical health service" as "health care service," and adds a definition of "indigent" for purposes of the certificate of public need program. The bill directs the Department of Health to convene a work group of stakeholders to make recommendations for funding options to alleviate the risk of financial insolvency for public and private hospitals with fewer than 100 licensed beds in the event of a future public health emergency. The bill requires the work group to report its recommendations to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions by November 1, 2023.
A BILL to amend and reenact §§ 32.1-102.1 and 32.1-102.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-102.6:2, relating to certificate of public need; expedited review process; work group.23102257D
Patron: Peake
Youth Health Protection Act established; civil penalty. Creates the Youth Health Protection Act (the Act), which makes it unlawful for any individual to provide gender transition procedures for minors and prohibits the use of public funds for gender transition procedures. The bill allows parents, guardians, or custodians to withhold consent for any treatment, activity, or mental health care services that are designed and intended to form their child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity. The bill prohibits government agents, other than law-enforcement personnel, from encouraging or coercing a minor to withhold information from the minor's parent. The bill establishes a duty for a government agent with knowledge that a minor has exhibited symptoms of gender dysphoria or gender nonconformity or otherwise demonstrates a desire to be treated in a manner incongruent with the minor's sex to immediately notify each of the minor's parents, guardians, or custodians in writing, with descriptions of relevant circumstances. The bill prohibits discrimination against persons (i) providing information regarding violations of the Act to their employer or specified public entities or (ii) who make disclosures under the Act believed to be a violation of law, rule, or regulation; any violation of any standard of care or other ethical guidelines for the provision of health care service; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The bill establishes a civil action for any violation of the Act by a clinic, health care system, medical professional, or other responsible person with a two-year statute of limitations. The bill prohibits political subdivisions of the Commonwealth from enacting, adopting, maintaining, or enforcing any measure that interferes with the professional conduct and judgment of a mental health care professional or counselor undertaken within the course of treatment and communication with clients, patients, other persons, or the public. The bill provides for enforcement by the Attorney General or a mental health care professional or counsel through an action for injunctive relief and allows a mental health care professional to recover reasonable attorney fees and reasonable costs incurred in obtaining an injunction. The bill waives sovereign immunity to suit and immunity from liability under this statute.
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-382, relating to Youth Health Protection Act established; civil penalty.23100877D
Patron: Peake
Powers of State Health Commissioner in epidemic; vaccine; religious tenets or practices. Allows a parent or guardian to object to the vaccination or immunization of a child on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices, even if an emergency or epidemic of disease has been declared by the State Board of Health, which is not allowed under current law. The bill also provides that nothing shall preclude the State Health Commissioner from requiring immediate immunization of all persons in the case of an epidemic of any disease of public health importance for which a vaccine exists other than a person, including a parent or guardian on behalf of a child, who objects on the grounds that the administration of the vaccine conflicts with his religious tenets or practices. Under current law, the only exception to the Commissioner's power to require immediate immunization of all persons in case of an epidemic of any disease of public health importance for which a vaccine exists is for a person to whose health the administration of a vaccine would be detrimental as certified in writing by a physician licensed to practice medicine in the Commonwealth.
A BILL to amend and reenact §§ 32.1-46 and 32.1-48 of the Code of Virginia, relating to powers of State Health Commissioner in epidemic; vaccine; religious tenets or practices.23101562D
Patron: Peake
Criminal history record information; dissemination. Allows criminal history record information to be disseminated to the Commissioner of Behavioral Health and Developmental Services for (i) individuals who are being evaluated by the Commissioner to determine the individual's sanity at the time of a criminal offense or capacity to stand trial for the purpose of placement, evaluation, treatment, or discharge planning or (ii) any individual otherwise committed to the custody of the Commissioner when, in the Commissioner's discretion, such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to criminal history record information; dissemination.23102880D
Patron: Mason
Department of Behavioral Health and Developmental Services; provider licensing; inspections. Requires the Commissioner of Behavioral Health and Developmental Services or his authorized agents to make at least at least one unannounced inspection of each service offered by each licensed provider during the licensing period. Current law requires an annual unannounced inspection. The bill also removes the requirement that inspections evaluate the physical facilities in which services are provided.
A BILL to amend and reenact § 37.2-411 of the Code of Virginia, relating to Department of Behavioral Health and Developmental Services; provider licensing; inspections.23104006D
Patron: Hanger
Community services boards; behavioral health authorities; performance contracts. Modifies and reorganizes provisions related to the requirements of performance contracts entered into by the Department of Behavioral Health and Developmental Services with community services boards and behavioral health authorities.
A BILL to amend and reenact §§ 37.2-203, 37.2-508, and 37.2-608 of the Code of Virginia, relating to community services boards; behavioral health authorities; performance contracts.23103870D
Patron: Hanger
Behavioral Health Commission; agency assistance; access; records. Clarifies the duty of all agencies, as defined in the bill, and political subdivisions of the Commonwealth and certain other entities to cooperate with and assist the Behavioral Health Commission in the performance of its duties and requires such agencies, political subdivisions, and other entities to, upon request, provide to the Commission certain information and facility access. The bill also excludes from the mandatory disclosure provisions of the Virginia Freedom of Information Act records of the Commission.
AA BILL to amend and reenact §§ 2.2-3705.3 and 30-408 of the Code of Virginia, relating to Behavioral Health Commission; agency assistance; access; records.23103859D
Patron: Reeves
Children Deserve Help Not Harm Act established; health benefit plans; coverage for gender transition procedures. Creates the Children Deserve Help Not Harm Act (the Act), which prohibits gender transition procedures, defined in the bill, for individuals under 18 years of age and prohibits the use of public funds for gender transition procedures for individuals under 18 years of age. The bill establishes enforcement procedures for violation of the Act. The bill provides that a health benefit plan providing health care coverage in the Commonwealth is prohibited from providing coverage for gender transition procedures for individuals younger than 18 years of age and is not required to provide coverage for gender transition procedures for individuals 18 years of age or older.
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-379, and by adding a section numbered 38.2-3449.2, relating to establishment of the Children Deserve Help Not Harm Act; health benefit plans; coverage for gender transition procedures.23103055D
Patron: DeSteph
In-person visitation policies and procedures at certain facilities. Requires hospitals, nursing homes, certified nursing facilities, hospices or hospice facilities, assisted living facilities, and intermediate care facilities to establish certain in-person visitation policies and procedures. The bill (i) requires that such policies include screening, personal protective equipment, and other infection control protocols for visitors; (ii) prohibits such policies from requiring the visitor to provide proof of immunization or vaccination; (iii) requires such policies to allow consensual physical contact between the visitor and the resident, client, or patient of the facility; (iv) authorizes the resident, client, or patient to designate an essential caregiver and establishes requirements related to essential caregivers; (v) requires that such policies allow unrestricted in-person visitation under certain circumstances; (vi) provides that the policies and procedures may require visitors to agree in writing to follow such policies and procedures; (vii) authorizes facilities to suspend in-person visitation of specific visitors for violations of such agreement; (viii) requires facilities to make their in-person policies and procedures available to the Department of Health for review when applying for initial licensure, licensure renewal, or change of ownership; and (ix) requires facilities and the Department of Health to make their in-person visitation policies and procedures easily accessible from their websites.
A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 32.1 an article numbered 9, consisting of a section numbered 32.1-162.15:12, relating to in-person visitation policies and procedures at certain facilities.23100040D
Patron: Chase
Localities, public and private schools, institutions of higher education, and employers; face coverings. Prohibits any locality, school board, division superintendent, school principal, private school, institution of higher education, or employer from adopting, implementing, or enforcing any policy, rule, or order related to COVID-19 that requires individuals to wear a face covering.
A BILL to amend the Code of Virginia by adding sections numbered 15.2-1413.1, 22.1-6.2, 23.1-801.1, and 40.1-27.5, relating to localities, public and private schools, institutions of higher education, and employers; face coverings.23102309D
Patrons: McClellan, Ebbin
Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency and individuals with disabilities through the provision of language access services, including oral interpretation and written translations, free of charge, and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program.
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.23102538D
Patron: Barker
Minimum staffing standards for certified nursing facilities; administrative sanctions. Sets nursing staffing requirements for certified nursing facilities, imposes administrative sanctions on a certified nursing facility if it does not comply with the staffing requirements, and provides for exemptions to the administrative sanctions under certain circumstances. The bill has a delayed effective date of July 1, 2026.
A BILL to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-27.2, relating to minimum staffing standards for certified nursing facilities; administrative sanctions.23101878D
Patron: Pillion
Amendment of death certificates; county and city registrars. Requires a county or city registrar, upon receipt of an affidavit and supporting evidence testifying to corrected information on a death certificate within 45 days of the filing of a death certificate, to amend such death certificate to reflect the new information and evidence and to forward such affidavit and supporting evidence to the State Registrar.
A BILL to amend and reenact § 32.1-269.1 of the Code of Virginia, relating to amendment of death certificates; county and city registrars.
23101943D
Patron: Hashmi
Health records privacy; consumer-generated health information. Requires certain entities that collect, gather, or use consumer-generated health information, defined in the bill, to take reasonable measures to safeguard the such aggregated health data, including (i) adopting technical and organizational measures to ensure that consumer-generated health information is not linked to any individual, household, or device used by an individual or a household; (ii) committing not to attempt to re-identify or associate the aggregated health data with any individual, household, or device used by an individual or a household; and (iii) requiring that recipients of all transfers of aggregated health data uphold the same commitments. The bill provides civil remedies for violations of consumer-generated health information privacy.
A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to health records privacy; consumer-generated health information.
23103864D
Patron: Newman
Certificate of public need exemption; nursing home facility in Amherst County. Directs the State Health Commissioner to accept and review applications and issue a certificate of public need for a new 90-bed nursing home facility, provided that such facility is located on the property of the former Central Virginia Training Center in Amherst County.
A BILL to exempt certain nursing home services in Amherst County from the requirements of a certificate of public need.23103719D
Patron: Hanger
Community services boards; behavioral health authorities; purpose; performance contracts. Provides that the purpose of behavioral health services provided by community services boards and behavioral health authorities is to enable individuals who have a mental illness or substance use disorder that significantly impairs their functioning to access effective, timely, and cost-efficient services that help them (i) overcome or manage functional impairments caused by the mental illness or substance use disorder and (ii) remain in the community to the greatest extent possible, consistent with the individual's well-being and public safety. The bill also requires that performance contracts entered into by the Department of Behavioral Health and Developmental Services with community services boards and behavioral health authorities include certain information, as specified in the bill. The bill reorganizes certain other provisions related to community services boards and behavioral health authorities.
A BILL to amend and reenact §§ 37.2-203, 37.2-500, 37.2-508, 37.2-601, and 37.2-608 of the Code of Virginia, relating to community services boards; behavioral health authorities; purpose; performance contracts.23103868D
Patron: Obenshain
Department of Health; mobile food units. Directs the Department of Health to amend its regulations and each local health department and health district to amend its regulations and guidance documents relating to mobile food units to allow up to 20 percent of the sanitation and food preparation activities of a mobile food unit to take place within a 50-foot radius of the mobile food unit.
A BILL to direct the Department of Health to amend regulations and guidance documents relating to mobile food units.23103888D
Patron: Obenshain
Board of Health; food establishment regulations. Requires the Board of Health to adopt regulations that prohibit the revocation, amendment, or denial of a renewal of a permit issued to a food establishment on the basis that such food establishment does not meet the requirements for the food establishment classification for which the initial permit was issued, unless such food establishment has materially changed its operations since issuance of the initial permit.
A BILL to amend and reenact § 35.1-14 of the Code of Virginia, relating to Board of Health; food establishment regulations.23104012D
Patron: Morrissey
Alkaline hydrolysis; registration; regulations. Establishes a registration requirement for alkaline hydrolysis providers. The bill defines alkaline hydrolysis and adds alkaline hydrolysis and hydrolyzed remains to statutes dealing with cremation and cremains. The bill grants the Board of Funeral Directors and Embalmers the power to inspect alkaline hydrolysis providers and their operations.
A BILL to amend and reenact §§ 32.1-249, 32.1-291.14, 32.1-301, 32.1-309.1, 32.1-309.3, 54.1-2800, 54.1-2803, 54.1-2808.1, 54.1-2808.2, and 54.1-2818.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2814.2, relating to alkaline hydrolysis; registration; regulations.23104087D
Patron: Mason
Temporary detention; certified evaluators; report. Authorizes hospitals with a psychiatric emergency department located in Planning District 21 to employ certain trained individuals to perform evaluations to determine whether a person meets the criteria for temporary detention for behavioral health treatment. The bill requires participating hospitals with psychiatric emergency departments in Planning District 21 to annually report the number of temporary detention order evaluations completed, the number of temporary detention orders petitioned, the number of individuals evaluated for temporary detention who were determined to not meet the criteria for temporary detention, and the number of individuals under a temporary detention order admitted to a state facility to the Chairmen of the Senate Committee on Education and Health, the House Committee on Health, Welfare and Institutions, and the Behavioral Health Commission. The bill has an expiration date of July 1, 2025.
A BILL to amend and reenact §§ 37.2-800, 37.2-804.2, 37.2-808 through 37.2-810, 37.2-814, 37.2-816, 37.2-817, and 37.2-1104 of the Code of Virginia, relating to temporary detention; certified evaluators; report.23104479D
Patron: Norment
Certificate of Public Need; certain cardiology-related services; exemption. Exempts from the requirements of a certificate of public need certain outpatient cardiology-related services performed in connection with a Department of Health or Division of Certificate of Public Need pilot program for cardiovascular single specialty use ambulatory surgery centers authorized by an executive order of the Governor that are approved for reimbursement and performed in a facility certified as a Medicare and Medicaid supplier by the Centers for Medicare and Medicaid Services and the Department of Medical Assistance Services.
A BILL to exempt certain cardiology-related services from the requirements of a certificate of public need.23104478D
Patron: Pillion
State plan for medical assistance services; pharmacy services. Requires the Department of Medical Assistance Services to provide reimbursement when the services provided for by the state plan for medical assistance services are services by a pharmacist, pharmacy technician, or pharmacy intern (i) performed under the terms of a collaborative agreement as defined in relevant law, (ii) related to services and treatment in accordance with relevant law, or (iii) performed under the terms of the state plan or managed care contractor of the Department.
A BILL to amend and reenact § 32.1-325, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to state plan for medical assistance services; pharmacy services.23103522D
Patron: Ebbin
Food establishment permits; exemptions; restaurants; schools and day care centers. Exempts from the Department of Agriculture and Consumer Services inspection and permit requirements to operate a food establishment any establishment or operation that has a restaurant license from the State Department of Health that supplies food to any school or day care center that has a restaurant license from the State Department of Health.
A BILL to amend and reenact § 3.2-5130 of the Code of Virginia, relating to Department of Agriculture food establishment permits; exemptions; restaurants; schools and day care centers.23105055D