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2023 SESSION

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Senate Committee on Education and Health
Subcommittee Health Professions

Barker (Chair), Saslaw, Newman, Edwards, Dunnavant, Suetterlein, Pillion, Hashmi, McPike

Staff: J. Bergamini, J. Carlton
Date of Meeting: January 27, 2023
Time and Place: 8:00 AM (earlier start) / Senate Subcommittee Room 2
Updated to reflect time change to 8 AM

S.B. 932

Patron: Hashmi

Virginia Psilocybin Advisory Board established; report; Drug Control Act reclassification of psilocybin. Establishes the Virginia Psilocybin Advisory Board to develop a long-term strategic plan for establishing therapeutic access to psilocybin services and monitor and study federal laws, regulations, and policies regarding psilocybin. The bill requires the Board to report annually by December 1 to the Governor and the General Assembly regarding its activities and recommendations. The bill reclassifies psilocybin under the Drug Control Act from a Schedule I to a Schedule III controlled substance.

A BILL to amend and reenact §§ 54.1-3446 and 54.1-3450 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 54.1 a section numbered 54.1-3431.1, relating to Virginia Psilocybin Advisory Board established; report; Drug Control Act reclassification of psilocybin.

23101994D

S.B. 1054

Patron: Peake

Interjurisdictional compacts; criminal history record checks. Provides that when an interjurisdictional compact requires criminal history record checks as a condition of participation, the applicable health regulatory board shall require each applicant to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2409.1:1, relating to interjurisdictional compacts; criminal history record checks.

23101247D

S.B. 1070

Patron: Newman

Parental access to minor's medical records. Prohibits denial of parental access to the medical records of such parent's minor child, unless federal law requires the minor child's consent.

A BILL to amend and reenact § 54.1-2969 of the Code of Virginia, relating to parental access to minor's medical records.

23103795D

S.B. 1090

Patron: Ebbin

Board of Pharmacy; permit to operate pharmaceutical processor or cannabis dispensing facility. Increases the limit on the number of permits that the Board of Pharmacy (the Board) may issue or renew in any year from one to two pharmaceutical processors for each health service area established by the Board of Health. The bill also allows the Board to issue or renew permits in any year for up to five cannabis dispensing facilities per pharmaceutical processor for each health service area. Under current law, the Board may issue up to five cannabis dispensing facilities for each health service area. With the exception of pharmaceutical processors permitted prior to July 1, 2023, the bill prohibits a pharmaceutical processor from receiving more than one permit from the Board.

A BILL to amend and reenact § 54.1-3442.6 of the Code of Virginia, relating to the Board of Pharmacy; permit to operate pharmaceutical processor or cannabis dispensing facility.

23101461D

S.B. 1119

Patron: Stuart

Telemedicine; extension of time period for provision of services. Allows patients who have an established relationship with a practitioner who is a member of a health maintenance organization or multispecialty group to receive services from a practitioner who is a member of the same multispecialty group via telemedicine without undergoing another in-person exam within the specified time period and increases the specified time period from one year to three years. The bill increases from one year to three years the period during which psychologists and clinical social workers who are licensed outside the Commonwealth and who meet certain criteria may provide behavioral health services via telemedicine to a patient located in the Commonwealth.

A BILL to amend and reenact §§ 54.1-2901, 54.1-3601, and 54.1-3701 of the Code of Virginia, relating to telemedicine; extension of time period for provision of services.

23104213D

S.B. 1255

Patron: Dunnavant

smartCHaRt network Program. Renames the Emergency Department Care Coordination Program as the smartCHaRt network Program and expands the Program to allow participation by all health care providers, insurance carriers, and other organizations with a treatment, payment, or operations relationship with a patient in the Commonwealth Under current law, participation is limited to hospital emergency departments. The bill makes several other modifications to the Program, including adding a requirement that the Program allow health care providers, insurance carriers, and other participating organizations to access information necessary to evaluate and monitor the care and treatment of a patient in accordance with applicable patient privacy and security requirements. The bill also directs the State Health Commissioner to convene a work group to study and establish a plan to develop and implement a system to share information regarding a patient's prescription history. The bill requires the Commissioner to report his findings and recommendations to the Chairmen of the Joint Commission on Health Care, Senate Committee on Education and Health, and House Committee on Health, Welfare and Institutions by October 1, 2023.

A BILL to amend and reenact §§ 2.2-3705.5, 32.1-372, 54.1-2523, and 54.1-2525 of the Code of Virginia, relating to smartCHaRt network Program.

23103954D

S.B. 1275

Patron: Dunnavant

Midwifery; administration of medication. Allows licensed midwives to obtain, possess, and administer drugs and devices within the scope of their practice. The bill limits liability of entities that provide or dispense drugs or devices to a licensed midwife and that rely in good faith upon the license information provided by the licensed midwife. The bill requires that any licensed midwife who obtains, possesses, and administers drugs and devices participate in the Alliance for Innovation on Maternal Health patient safety bundle advanced by the Virginia Neonatal Perinatal Collaborative.

A BILL to amend and reenact §§ 54.1-2957.9 and 54.1-3408 of the Code of Virginia, relating to midwifery; administration of medication.

23104091D

S.B. 1337

Patron: Dunnavant

Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Allows pharmacists who are employed by a pharmaceutical processor or cannabis dispensing facility to issue written certificates for cannabis products if the pharmacist (i) is acting as the agent of a practitioner, (ii) is acting pursuant to policies established by a practitioner who has contracted with a pharmaceutical processor or cannabis dispensing facility to serve as the medical director of such pharmaceutical processor or cannabis dispensing facility, and (iii) has verified the patient's diagnosis with a practitioner with whom the patient has a bona fide practitioner-patient relationship. The bill amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, expiration dates, allowable deviations, dispensing, packing, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations.

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 and to amend the Code of Virginia by adding sections numbered 54.1-3442.7:1, 54.1-3442.7:2, and 54.1-3442.7:3, relating to medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising.

23104097D

S.B. 1342

Patron: Barker

Licensure of anesthesiologist assistants. Provides that no person shall use or assume the title "anesthesiologist assistant" or hold himself out as an anesthesiologist assistant unless such person holds a license as an anesthesiologist assistant issued by the Board of Medicine, establishes criteria for the licensure of anesthesiologist assistants, and directs the Board of Medicine to adopt regulations governing the licensure of anesthesiologist assistants.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 29 of Title 54.1 a section numbered 54.1-2957.23, relating to licensure of anesthesiologist assistants.

23103286D

S.B. 1406

Patron: Vogel

Behavior analysts; assistant behavior analysts; licensure criteria; certifying entities. Provides in the criteria for licensure as a behavior analyst or assistant behavior analyst established by the Board of Medicine that certain documentation must be provided by the Behavior Analyst Certification Board or its successor. Under current law, such documentation must be provided by the Behavior Analyst Certification Board or any other entity that is nationally accredited to certify practitioners of behavior analysis.

A BILL to amend and reenact § 54.1-2957.16 of the Code of Virginia, relating to behavior analysts; assistant behavior analysts; licensure criteria; certifying entities.

23102329D

S.B. 1426

Patron: Suetterlein

Administration of controlled substances; paramedics. Allows paramedics certified by the Board of Health who act pursuant to a prescribing practitioner's oral or written order or standing protocol and who are employed or engaged at a hospital to administer controlled substances.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia, relating to administration of controlled substances; paramedics.

23102718D

S.B. 1440

Patron: Locke

Board of Medicine; continuing education; implicit bias and cultural competency in health care. Requires the Board of Medicine to adopt and implement policies that require each practitioner licensed by the Board who has direct contact with persons who are or may become pregnant to complete two hours of continuing education related to implicit bias, defined in the bill, and cultural competency in health care at least once every other license renewal cycle.

A BILL to amend and reenact § 54.1-2912.1 of the Code of Virginia, relating to Board of Medicine; continuing education; implicit bias and cultural competency in health care.

23103755D

S.B. 1531

Patron: Dunnavant

Secretary of Health and Human Resources; Department of Health; Virginia Neonatal Perinatal Collaborative; hospital regulations; report. Directs the Department of Health and all other agencies of the Commonwealth to support the efforts of the Virginia Neonatal Perinatal Collaborative (the Collaborative) upon request to the fullest extent practicable and pursue opportunities for public-private partnerships with the Collaborative. The bill requires the Board of Health to amend its regulations to require that every hospital participate in the Alliance for Innovation on Maternal Health patient safety bundle advanced by the Collaborative. The bill directs the Secretary of Health and Human Resources (the Secretary) to facilitate the negotiation of state contracts that best position the Collaborative to address maternal child health issues in the Commonwealth using clinical expertise to develop evidence based best practices and recommendations to universally implement such best practices in the Commonwealth. The bill requires that by November 1 of each year that the Collaborative receives state funds, the Collaborative provide an annual report with recommendations for elevating the standard of care and improving outcomes for women and children in the Commonwealth to the Secretary and the Chairmen of the Senate Committee on Education and Health, the Senate Committee on Finance and Appropriations, the House Committee on Health, Welfare and Institutions, and the House Committee on Appropriations.

A BILL to amend and reenact § 32.1-127 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 32.1-23.7, relating to Secretary of Health and Human Resources; Department of Health; Virginia Neonatal Perinatal Collaborative; hospital regulations; report.

23104510D

S.B. 1539

Patron: Pillion

Practice of dentistry; botulinum toxin injections. Provides that, in addition to the possession and administration of botulinum toxin injections for dental purposes, a dentist may possess and administer botulinum toxin injections for cosmetic purposes, provided that the dentist has completed training and continuing education in the administration of botulinum toxin injections for cosmetic purposes. The bill requires the Board of Dentistry, in consultation with the Board of Medicine, to amend its regulations to establish training and continuing education requirements for dentists related to the administration of botulinum toxin injections for cosmetic purposes.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2711.2, relating to practice of dentistry; botulinum toxin injections.

23104139D