SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2024 SESSION

  • print version
Senate Committee on Education and Health
Subcommittee Health

Favola (Chair), Suetterlein, Bagby, Aird, Durant

Clerk: Hobie Lehman
Staff: Julia Bergamini, Hannah Yates
Date of Meeting: February 6, 2024
Time and Place: 4 PM, Senate Room C, 3rd Floor, General Assembly Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 141

Patron: Ruff

State Department of Health; regulation of certain organizations; sale of food. Expands a current exemption to allow churches, fraternal or school organizations, organizations that are exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and volunteer fire departments and volunteer emergency medical services agencies that not only hold, as provided for in current law, but also participate in occasional dinners, bazaars, and other fundraisers of one or two days' duration, at which food (i) prepared in the homes of members; (ii) prepared in the kitchen of the church, school, or organization; or (iii) purchased or donated from a licensed restaurant is offered for sale to the public to conduct such activities without applying for any permits or licensure from the State Department of Health.

A BILL to amend and reenact § 35.1-25 of the Code of Virginia, relating to State Department of Health; regulation of certain organizations; sale of food.

24102264D

S.B. 153

Patron: Head

Medical Ethics Defense Act established. Establishes the right of a medical practitioner, health care institution, or health care payer not to participate in or pay for any medical procedure or service that violates such medical practitioner's, health care institution's, or health care payer's conscience, as those terms and conditions are defined in the bill. The bill provides protections for medical practitioners who disclose violations of the bill or report violations of laws or ethical guidelines for the safe provision of any medical procedure or service. The bill also provides a private right of action for any party harmed by violations of the bill.

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 32.1-380, relating to the Medical Ethics Defense Act established.

24104587D

S.B. 176

Patron: Favola


Civil commitments and temporary detention orders; definition of mental illness neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report. Specifies that for the purpose of civil commitments and temporary detention orders, behaviors and symptoms that manifest from a neurocognitive disorder or neurodevelopmental disability are excluded from the definition of mental illness and are, therefore, not a basis for placing an individual under a temporary detention order or committing an individual involuntarily to an inpatient psychiatric hospital. The bill provides that if a state facility has reason to believe that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order before the individual is admitted and may refuse to admit an individual if the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability. The foregoing provisions of the bill have a delayed effective date of July 1, 2025. The bill also directs the Secretary of Health and Human Resources to evaluate, identify, and develop placements for individuals with neurocognitive disorders and neurodevelopmental disabilities, as well as any statutory or funding changes needed to prevent inappropriate placements for such individuals, and to report his findings and recommendations by November 1, 2024. This bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.

 

A BILL to amend and reenact §§ 37.2-809, 37.2-809.1, 37.2-815, 37.2-816, and 37.2-817 of the Code of Virginia, relating to civil commitments and temporary detention orders; definition of mental illness; neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report.

24103977D

S.B. 178

Patron: Favola

Office of the State Inspector General; investigations of abuse or neglect at state psychiatric hospitals; report. Directs the Office of the State Inspector General to (i) develop a plan to fulfill its statutory obligation to fully investigate all complaints it receives alleging abuse, neglect, or inadequate care at a state psychiatric hospital and (ii) submit such plan to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by November 1, 2024. The bill also requires the Office to submit an annual report to the General Assembly on or before December 1 regarding the number of such complaints received and the number of complaints that were fully investigated by the Office.

A BILL to direct the Office of the State Inspector General to develop a plan and submit reports regarding investigations of abuse or neglect at state psychiatric hospitals.

24103983D

S.B. 237

Patron: Hashmi

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right.

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, 32.1-377, and 32.1-378, relating to contraception; right to contraception; applicability; enforcement.

24101787D

S.B. 333

Patron: Salim

State plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also establishes that it is a Class 3 felony for a health care provider to provide assisted conception treatment to a patient and use the health care provider's own gamete without the written consent of the patient.

A BILL to amend and reenact §§ 32.1-3 and 32.1-325 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered § 18.2-67.5:01, relating to state plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty.

24103626D

S.B. 335

Patron: Salim

State plan for medical assistance services; health insurance; coverage for fertility preservation treatments. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also requires health insurance policies, subscription contracts, and health care plans to provide such coverage for such individuals.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.22, relating to state plan for medical assistance services; health insurance; coverage for fertility preservation treatments.

24103659D

S.B. 404

Patron: Durant

Certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds. Excludes from the list of medical care facilities for which a certificate of public need is required hospitals licensed as a provider by the Department of Behavioral Health and Developmental Services. The bill excludes the following from the list of projects for which a certificate of public need is required for certain medical care facilities: (i) an increase or relocation of psychiatric beds licensed by the Department, (ii) the introduction of any psychiatric service when such medical care facility has not provided such service in the previous 12 months, and (iii) the conversion of beds to psychiatric beds. The bill also modifies the list of projects for which a certificate of public need is required for certain medical care facilities by requiring a certificate for the conversion of any psychiatric inpatient beds to nonpsychiatric inpatient beds. Under current law, a certificate is required for the conversion of a psychiatric bed to a nonpsychiatric bed only when the psychiatric bed was approved pursuant to a Request for Applications (RFA).

A BILL to amend and reenact §§ 32.1-3 and 32.1-102.1:3 of the Code of Virginia, relating to certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds.

24104611D

S.B. 497

Patron: Carroll Foy

Temporary detention order; alternative transportation. Provides that when a magistrate is determining whether an alternative transportation provider is available for the purposes of designating a transportation provider for the transportation of a person who is the subject of a temporary detention order, an alternative transportation provider shall be deemed available if the provider states that it is available to take custody of the person from law enforcement within six hours of issuance of the temporary detention order or an order changing the transportation provider.

A BILL to amend and reenact § 37.2-810 of the Code of Virginia, relating to temporary detention order; alternative transportation.

24102928D

S.B. 499

Patron: Carroll Foy

Donor human milk banks, health insurance; coverage for donor human milk. Prohibits any person from establishing or operating a donor human milk bank without first obtaining a license from the Department of Health. The bill directs the Department to establish criteria for the licensure of donor human milk banks and to promulgate regulations by July 1, 2025, that prohibit activities of donor human milk banks that do not meet the licensing standards and requirements

The bill requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donor human milk. The bill specifies that the requirement applies if the covered person is an infant younger than the age of six months and a licensed medical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2025. The bill also requires the state plan for medical assistance services to include a provision for payment of medical assistance services incurred in the provision of pasteurized donor human milk.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and 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 and by adding a section numbered 38.2-3418.22, relating to donor human milk banks; health insurance; coverage for donor human milk.

24104909D

S.B. 546

Patron: Bagby

Emergency custody and temporary detention orders; evaluations; presence of others. Requires (i) the facility at which an individual who is the subject of an emergency custody order is being evaluated to determine whether the individual meets the criteria for temporary detention or (ii) the hospital emergency department and treating physician, when providing services to an individual who is being evaluated to determine whether the individual meets the criteria for temporary detention, to allow the individual's family member or legal guardian to be present unless the individual objects or their presence would create a medical or safety risk.

A BILL to amend and reenact §§ 37.2-808 and 37.2-809 of the Code of Virginia, relating to emergency custody and temporary detention orders; evaluations; presence of others.

24104732D

S.B. 575

Patron: Obenshain

Discharge plans; copies to public elementary and secondary schools. Provides that prior to the discharge of any minor or individual who has been admitted to inpatient treatment and is a student at a public elementary or secondary school, a copy of such minor's or individual's discharge plan shall be provided to the division superintendent and the division safety official in the local school division in which such minor or individual attends such school.

A BILL to amend and reenact §§ 16.1-346.1 and 37.2-505 of the Code of Virginia, relating to discharge plans; copies to public elementary and secondary schools.

24100254D

S.B. 592

Patron: Salim

Department of Medical Assistance Services; Preferred Drug List/Common Core Formulary; approval of a nonpreferred drug. Directs the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary in the six months immediately prior to approval of a nonpreferred drug when such patient has previously tried the drug from the Preferred Drug List/Common Core Formulary and experienced harmful side effects.

A BILL to direct the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary before approval of a nonpreferred drug in certain circumstances.

24103030D

S.B. 671

Patron: Peake


Youth Health Protection Act established; civil penalty. Creates the Youth Health Protection Act, which makes it unlawful for any individual to provide gender transition procedures, defined in the bill, 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 of information that evinces any 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 counselor 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 32.1-383, relating to Youth Health Protection Act established; civil penalty.

24104135D