Drugs & Medication

Bills CommitteeLast actionDate
HB 20 - Fowler - Alcoholic beverage control; tax allocation for funding the Virginia Spirits Promotion Fund, report. (H) Committee on Appropriations

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0085)04/05/22
notes: . Requires that 20 percent of the 20 percent tax levied on alcoholic beverages sold by the Board of Directors of the Virginia Alcoholic Beverage Control Authority that is attributable to the sale of spirits produced by a distiller licensee be deposited in the Virginia Spirits Promotion Fund.
HB 72 - Ware - Marijuana cultivation facility licenses; prohibition on sale of plants and seeds. (H) Committee on General Laws(H) Left in General Laws02/15/22
notes: Provides that, if an act of assembly is passed by the 2022 Session of the General Assembly that creates a license that authorizes the licensee to cultivate retail marijuana and perform related activities, such licensees shall not be permitted to sell mature or immature marijuana plants or marijuana seeds to consumers.
HB 80 - Davis - Healthcare Regulatory Sandbox Program; established, report, sunset date. (H) Committee on Appropriations

(S) Committee on Finance and Appropriations
(S) Defeated by Senate (19-Y 20-N)03/10/22
notes: Requires the Department of Health to establish the Healthcare Regulatory Sandbox Program to enable a person to obtain limited access to the market in the Commonwealth to temporarily test an innovative healthcare product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the Commonwealth. Under the Program, an applicant requests the waiver of certain laws, regulations, or other requirements for a 24-month testing period, with an option to request an additional six-month testing period. The bill provides application requirements, consumer protections, procedures for exiting the Program or requesting an extension, and recordkeeping and reporting requirements. The bill requires the Department to provide an annual report to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health that provides information regarding each Program participant and that provides recommendations regarding the effectiveness of the Program. The bill has an expiration date of July 1, 2027.
HB 102 - Greenhalgh - Prescriptions; off-label use. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Passed by indefinitely in Education and Health (8-Y 7-N)02/24/22
notes: Provides that a licensed health care provider with prescriptive authority may prescribe, administer, or dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use when the health care provider determines, in his professional judgement, that such off-label use is appropriate for the care and treatment of the patient, and prohibits a pharmacist from refusing to dispense a drug for off-label use if a valid prescription is presented. The bill also requires the Board of Health to include in regulations governing hospitals a provision that no hospital shall deny, revoke, terminate, diminish, or curtail in any way any professional or clinical privilege to a health care provider with prescriptive authority solely on the grounds that such health care provider prescribes, administers, or dispenses a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use.
HB 108 - McGuire - Felony homicide; certain drug offenses, penalties. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(S) Passed by indefinitely in Judiciary (9-Y 6-N)02/28/22
notes: Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.
HB 153 - March - Unemployment/workers compensation; testing for the use of nonprescribed controlled substances. (H) Committee on Commerce and Energy(H) Left in Commerce and Energy02/15/22
notes: Requires, for an applicant for unemployment benefits for whom the only suitable work available is in an occupation that regularly requires drug testing, the applicant, as a condition of eligibility, to provide the Virginia Employment Commission with the results of a drug test that is negative for the use of a nonprescribed controlled substance. The bill also requires, under the Workers' Compensation Act, in order to determine the cause of a workplace accident that harmed an employee, an employer to require post-accident drug testing for the use of a nonprescribed controlled substance of any employee whose conduct could have contributed to the accident. The bill also prohibits an insurer from providing premium discounts for a drug-free workplace to an employer unless the employer has policies in place requiring such post-accident drug testing.
HB 192 - Hodges - Opioids; amends sunset provisions relating to prescriber requesting information about a patient. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0747)04/27/22
notes: Repeals sunset provisions for the requirement that a prescriber registered with the Prescription Monitoring Program request information about a patient from the Program upon initiating a new course of treatment that includes the prescribing of opioids anticipated, at the onset of treatment, to last more than seven consecutive days.
HB 193 - Hodges - Drug Control Act; adds certain chemicals to the Act. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0114)04/06/22
notes: Adds certain chemicals to Schedule I of the Drug Control Act. The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.
HB 211 - Hodges - Cannabis products; retail sale by certain pharmaceutical processors. (H) Committee on General Laws(H) Left in General Laws02/15/22
notes: Allows certain pharmaceutical processors to, under the oversight of the Board of Pharmacy, sell cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill provides that such sales will be subject to existing Board of Pharmacy regulations and other requirements set forth in the bill. The bill requires pharmaceutical processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors to submit and comply with a plan describing how the pharmaceutical processor will, in its health service area, educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill directs the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations governing sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to the provisions of the bill and provides that, upon the adoption of such regulations, oversight of such activities shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority. The bill expires when pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wh
HB 343 - Subramanyam - Barrier crimes; removing offenses involving possession, etc., of controlled substances. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Removes nonviolent offenses involving the possession, use, manufacturing, distributing, selling, etc., of controlled substances from the list of crimes that constitute a barrier to employment.
HB 360 - Fowler - Health insurance; carrier contracts, carrier provision of certain prescription drug information. (H) Committee on Health, Welfare and Institutions

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0284)04/08/22
notes: Requires a carrier or its pharmacy benefits manager to, upon request of a health care provider on behalf of an enrollee or a third party on behalf of the health care provider, furnish certain information to the health care provider or the authorized third party. The bill requires the carrier to ensure the data is provided in real-time, is in the same format in which the request is made or agreed to by the parties, and is accurate at the time of the request.
HB 420 - Delaney - Opioid-related emergencies; evidence-based best practices in the emergency department. (H) Committee on Appropriations(H) Left in Appropriations02/15/22
notes: Requires hospitals to establish and implement policies and protocols consistent with evidence-based best practices for opioid-related emergencies in the emergency department published and regularly updated by the Department of Health.
HB 430 - Herring - Cannabis control; retail market, penalties. (H) Committee on General Laws(H) Left in General Laws02/15/22
notes: Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to criminal penalties, expungement, regulation of certain hemp products, and diversity, equity, and inclusion.
HB 478 - Subramanyam - Wholesale prescription drug importation program; Sec. of Health and Human Resources to establish. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Directs the Secretary of Health and Human Resources (the Secretary) to establish a wholesale prescription drug importation program that complies with the requirements of federal law and to report annually by October 1 to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health on the wholesale prescription drug importation program. The bill also requires the Secretary to (i) convene a workgroup composed of relevant stakeholders to develop a plan for implementation of the wholesale prescription drug importation program and report the plan to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2022, and (ii) seek such federal approvals, waivers, exemptions, or agreements as may be necessary to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the wholesale prescription drug importation program to the greatest extent possible without jeopardizing their eligibility for the 340B Drug Pricing Program by July 1, 2023.
HB 560 - O'Quinn - Health insurance; retail community pharmacies. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Requires a carrier to administer its health benefit plans in a manner consistent with certain requirements and to include such requirements in its provider contracts addressing the provision of pharmacy benefits management. The bill provides that (i) a covered individual is permitted to fill any mail order-covered prescription, at the covered individual's option, at any mail order pharmacy or network participating retail community pharmacy under certain conditions; (ii) the carrier or pharmacy benefits manager is prohibited from imposing a differential copayment, additional fee, rebate, bonus, or other condition on any covered individual who elects to fill his prescription at an in-network retail community pharmacy that is not similarly imposed on covered individuals electing to fill a prescription from a mail order pharmacy; and (iii) the pharmacy benefits manager is required to expressly disclose to the carrier in the contract if the pharmacy benefits manager retains all or a greater portion of a drug manufacturer's rebate amount or any additional direct or indirect remuneration from any third party for drugs dispensed through the pharmacy benefits manager-owned mail order pharmacy than the pharmacy benefits manager does for drugs dispensed through a retail community pharmacy. The bill also removes the exemption for a self-insured or self-funded employee welfare benefit plan under provisions regulating pharmacy benefits managers.
HB 584 - Hudson - Employee health insurance; pharmacy benefits, reverse auction process. (H) Committee on Appropriations(H) Stricken from docket by Appropriations (22-Y 0-N)02/09/22
notes: Directs the Department of Human Resource Management to utilize a reverse auction process to award pharmacy benefit manager contracts for pharmacy benefits offered under the state employee health insurance plan.
HB 591 - VanValkenburg - State agency prescription drug purchasing, etc.; Sec. of HHR to develop plan to consolidate. (H) Committee on Appropriations(H) Continued to 2023 with substitute in Appropriations02/09/22
notes: Directs the Secretary of Health and Human Resources to develop a plan to consolidate state agency prescription drug purchasing and reimbursement programs to increase efficiency in prescription drug purchasing and reduce spending on prescription drugs. The bill directs the Secretary to provide to the Governor and General Assembly an interim report on the development of the plan to consolidate state agency prescription drug purchasing and reimbursement programs by November 1, 2022, and a final report on the plan by November 1, 2023.
HB 604 - Sickles - Nursing, Board of; power and duty to prescribe minimum standards, etc., for educational programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0677)04/11/22
notes: Gives the Board of Nursing the power and duty to prescribe minimum standards and approval curricula for educational programs preparing persons for registration as a medication aide and to provide periodic surveys of training programs.
HB 612 - Hudson - Controlled substances; reduces penalties for possession. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/22
notes: Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.

The bill also provides that, for the purposes of the offense of possession of controlled substances, the term "controlled substance" does not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a usable quantity or a countable dosage unit.

See the bill for other provisions.
HB 618 - Hudson - Barrier crimes; possession of controlled substances. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Removes from the definition of barrier crime a felony violation of possession of a controlled substance.
HB 619 - Hudson - Controlled substances; substance shall not include mere residue that is not a usable quantity, etc. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/22
notes: Provides that for the purposes of the crime of possession of controlled substances, "controlled substance" shall not include mere residue of any substance that is not a usable quantity or a countable dosage unit.
HB 679 - Hope - Opioids; providers of treatment for addiction, conditions for initial licensure, location. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0512)04/11/22
notes: Eliminates the requirement that a provider of treatment for persons with opiate addiction through the use of (i) methadone or (ii) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration be located more than one-half mile from a public or private licensed day care center or a public or private K-12 school.
HB 898 - Adams, D.M. - Hallucinogens or psychoactive substances; possession, civil penalty. (H) Committee for Courts of Justice(H) Continued to 2023 in Courts of Justice01/28/22
notes: Provides that any person 21 years of age or older who knowingly or intentionally possesses peyote, ibogaine, psilocybin, or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally to possesses such substances is guilty of a Class 5 felony.
HB 921 - Orrock - Controlled substances; prescriber may establish practitioner-patient relationship. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/01/22
notes: Provides that a prescriber may establish a practitioner-patient relationship for the purpose of prescribing Schedule II through V controlled substances via synchronous interaction with a patient and for the purpose of prescribing Schedule VI controlled substances via asynchronous interaction. The terms "synchronous interaction" and "asynchronous interaction" are defined in the bill.
HB 933 - Robinson - Pharmaceutical processors; amends the definition of "cannabis oil." (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0391)04/11/22
notes: Amends the definition of "cannabis oil" by removing the requirement that only oil from industrial hemp be used in the formulation of cannabis oil. The bill requires the Board of Pharmacy to publish monthly on its website information including the number of practitioners, patients, registered agents, and parents or legal guardians of patients in each health service area who have registered with the Board, the number of written certifications issued, the number of pending applications for registrations, and the pace at which the Board is approving registrations. The bill directs the Board to promulgate numerous regulations related to pharmaceutical processors.
HB 939 - Robinson - Public health emergency; Comm. of Health to authorize administration, etc., of necessary drugs, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0774)04/27/22
notes: Allows the Commissioner of Health to authorize persons who are not authorized by law to administer or dispense drugs or devices to do so in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order 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. Current law limits the Commissioner's ability to make such authorizations to circumstances when 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.

HB 943 - Hodges - Health insurance; retail community pharmacies. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Requires a carrier to administer its health benefit plans in a manner consistent with certain requirements and to include such requirements in its provider contracts addressing the provision of pharmacy benefits management. The bill provides that (i) a covered individual is permitted to fill any mail order-covered prescription, at the covered individual's option, at any mail order pharmacy or network participating retail community pharmacy under certain conditions; (ii) the carrier or pharmacy benefits manager is prohibited from imposing a differential copayment, additional fee, rebate, bonus, or other condition on any covered individual who elects to fill his prescription at an in-network retail community pharmacy that is not similarly imposed on covered individuals electing to fill a prescription from a mail order pharmacy; and (iii) the pharmacy benefits manager is required to expressly disclose to the carrier in the contract if the pharmacy benefits manager retains all or a greater portion of a drug manufacturer's rebate amount or any additional direct or indirect remuneration from any third party for drugs dispensed through the pharmacy benefits manager-owned mail order pharmacy than the pharmacy benefits manager does for drugs dispensed through a retail community pharmacy. The bill also removes the exemption for a self-insured or self-funded employee welfare benefit plan under provisions regulating pharmacy benefits managers.
HB 950 - Webert - Cannabis control; retail market, penalties. (H) Committee on General Laws(H) Left in General Laws02/15/22
notes: Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products, to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates.
HB 976 - LaRock - Prescriptions; unapproved use. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Provides that a licensed health care provider with prescriptive authority may prescribe, administer, or dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an unapproved use when the health care provider determines, in his professional judgement, that such unapproved use is appropriate for the care and treatment of the patient and prohibits a pharmacist from refusing to dispense a drug for unapproved use if a valid prescription is presented.
HB 1106 - McQuinn - Produce Rx Program; established, report. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Directs the Department of Social Services to establish a Produce Rx Program as a three-year pilot program to incentivize consumption of qualifying fruits and vegetables by eligible individuals for whom increased consumption of fruits and vegetables is recommended by a qualified care provider, as such terms are defined in the bill, and to report to the Governor and the General Assembly by December 1 of each year on the operation of the Program.
HB 1172 - Adams, D.M. - Certified recovery residences; Bd. of BHDS to adopt regulations. (H) Committee on Health, Welfare and Institutions(H) Stricken from docket by Health, Welfare and Institutions (21-Y 0-N)02/03/22
notes: Requires the Board of Behavioral Health and Developmental Services to adopt regulations requiring each certified recovery residence to include one or more resident or nonresident staff persons who are employed by the provider for compensation and who are responsible for oversight or management of the recovery residence.
HB 1180 - Clark - Substance abuse services providers; assessment, tobacco use disorder. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Requires every provider licensed by the Department of Behavioral Health and Developmental Services who provides services to individuals with substance use disorder to assess each individual receiving services for use of all tobacco products at the time the provider begins providing services and provides that, in cases in which an individual receiving services is identified as having a tobacco use disorder, the provider shall (i) provide information to the individual about how continued use of tobacco products may affect the individual's long-term success in recovery from substance use disorder, (ii) recommend treatment for tobacco use disorder in the treatment plan, and (iii) offer either treatment for tobacco use disorder as part of the individual's treatment plan, if the provider is licensed to provide such treatment, or referral for treatment of tobacco use disorder.
HB 1211 - VanValkenburg - Opioid Abatement Authority; increases membership of Board of Directors. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Increases from 11 to 15 the membership of the Board of Directors of the Opioid Abatement Authority by increasing from one to five the number of representatives of the addiction and recovery community.
HB 1307 - Fowler - Kratom products; prohibited acts, civil penalty. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Provides that no person that sells, prepares, manufactures, distributes, or maintains kratom products, as defined in the bill, or advertises, represents, or holds itself out as selling, preparing, manufacturing, distributing, or maintaining kratom products shall prepare, distribute, sell, or expose for sale (i) any kratom product that is includes or is packed with a substance that is not kratom and that affects the quality or strength of the kratom product or that contains any poisonous or otherwise deleterious ingredient; (ii) any kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the product or any synthetic alkaloids or other synthetically derived compounds of the kratom plant; (iii) any kratom extract that contains levels of residual solvents that are higher than is allowed in Chapter 467 of current edition of the United States Pharmacopeia; or (iv) any kratom product that does not provide labeling directions necessary for safe and effective use by consumers, including a recommended serving size. The bill provides that any person that violates the provisions of the bill shall be subject to a civil penalty in the amount of $100 for a first violation, a civil penalty in the amount of $200 for a second violation, and a civil penalty in the amount of $500 for a third or subsequent violation.
HB 1323 - Orrock - Pharmacists; initiation of treatment with and dispensing and administration of vaccines. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0791)05/27/22
notes: Provides that a pharmacist may initiate treatment with, dispense, or administer to persons three years of age or older in accordance with a statewide protocol developed by the Board of Pharmacy in collaboration with the Board of Medicine and the Department of Health vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention or that have a current emergency use authorization from the U.S. Food and Drug Administration, and provides that the pharmacist may cause such vaccines to be administered by a pharmacy technician or pharmacy intern under the direct supervision of the pharmacist. The bill also requires the Department of Medical Assistance Services and accident and sickness insurance providers to provide reimbursement for such service in an amount that is no less than the reimbursement amount for such service by a health care provider licensed by the Board of Medicine.
HB 1324 - Hodges - Pharmacy, Board of; pharmacy work environment requirements. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0628)04/11/22
notes: Directs the Board of Pharmacy to promulgate regulations related to work environment requirements for pharmacy personnel that protect the health, safety, and welfare of patients. The bill requires the Board to promulgate such regulations by September 1, 2022. The bill contains an emergency clause.
HB 1356 - Anderson - Fentanyl; selling, giving, etc., to another person, penalties. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(S) Passed by indefinitely in Judiciary (9-Y 6-N)02/28/22
notes: Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give, or distribute a controlled substance; fentanyl; penalties.
SB 14 - Favola - Prescription drug donation program; Bd. of Pharmacy shall convene a work group to evaluate, report. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0703)04/27/22
notes: Directs the Department of Health to develop, manage, and maintain a prescription drug donation awareness and coordination program in conjunction with the Board of Pharmacy's prescription drug donation program.
SB 73 - Chase - COVID-19; prescriptions for hydroxychloroquine and ivermectin for treatment. (S) Committee on Education and Health(S) Passed by indefinitely in Education and Health (9-Y 6-N)01/20/22
notes: Provides that licensed health care providers with prescriptive authority may prescribe, administer, or dispense hydroxychloroquine and ivermectin to a patient with a clinical diagnosis of COVID-19. The bill prohibits the Board of Medicine from initiating a disciplinary action against a licensed health care provider solely for prescribing, administering, or dispensing hydroxychloroquine or ivermectin to a patient with a clinical diagnosis of COVID-19, provided such clinical diagnosis and treatment has been documented in the patient's medical record by such licensed health care provider.
SB 104 - Morrissey - Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. (S) Committee on Finance and Appropriations(S) Defeated by Senate (17-Y 23-N)02/14/22
notes: Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its findings by November 1, 2022.
SB 196 - Mason - Alcoholic beverage control; tax allocation for funding the Virginia Spirits Promotion Fund, report. (H) Committee on General Laws

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0084)04/05/22
notes: Requires that 20 percent of the 20 percent tax levied on alcoholic beverages sold by the Board of Directors of the Virginia Alcoholic Beverage Control Authority that is attributable to the sale of spirits produced by a distiller licensee be deposited in the Virginia Spirits Promotion Fund.
SB 262 - Hashmi - Psilocybin or psilocyn; possession, civil penalty. (S) Committee on the Judiciary(S) Passed by indefinitely in Judiciary (8-Y 6-N 1-A)01/31/22
notes: Provides that any person 21 years of age or older who knowingly or intentionally possesses psilocybin or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally to possesses psilocybin or psilocyn is guilty of a Class 5 felony.

Psilocybin is a naturally occurring psychedelic prodrug compound produced by more than 200 species of fungi.
SB 300 - Deeds - Opioids; providers of treatment for addiction, conditions for initial licensure, location. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0513)04/11/22
notes: Eliminates the restriction that providers of treatment for persons with opiate addiction may not be located within one-half mile of a public or private licensed day care center or a public or private K-12 school. Current law permits certain limited exceptions to this restriction.
SB 323 - Vogel - Overdoses; arrest and prosecution when experiencing or reporting. (S) Committee on the Judiciary(S) Passed by indefinitely in Judiciary (9-Y 6-N)02/02/22
notes: Provides that an individual who is subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia may be offered a first offender deferred disposition program or drug treatment court docket program if such person is reporting an overdose and seeking emergency medical attention. Under current law, such person would be immune from arrest and prosecution.
SB 359 - Stuart - Pharmacy benefits managers; frequency of required report. (H) Committee on Commerce and Energy

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0283)04/08/22
notes: Changes the frequency of which a carrier or its pharmacy benefits manager is required to report certain information to the Commissioner of Insurance. The bill provides that the report is to be filed quarterly through the period ending December 31, 2022, and is to be filed by March 31 of each year on a calendar year basis thereafter. Under current law, the report is required quarterly indefinitely.
SB 376 - Petersen - Prescription Drug Affordability Board; established, drug cost affordability review, report. (S) Committee on Commerce and Labor(S) Continued to 2023 in Commerce and Labor (15-Y 0-N)01/31/22
notes: Establishes the Prescription Drug Affordability Review for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products.

The bill directs the Governor to appoint members and alternate members of the Board. The Board is required to meet in open session at least four times annually, with certain exceptions and requirements. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The Board is tasked with identifying prescription, generic, and other drugs, as defined in the bill, and, in the Board's discretion, conducting an affordability review of the prescription drug product. Factors for the Board to consider that indicate an affordability challenge are listed in the bill. Any person aggrieved by a decision of the Board may request an appeal of the Board's decision, as provided in the bill, and the Attorney General shall have authority to enforce the provisions of the bill.

The bill also creates the Prescription Drug Affordability Fund to be used for funding operations of the Board and reimbursing other state agencies for implementing the provisions of the bill. The Board is required to report to the General Assembly twice annually, beginning on July 1, 2023, and December 1, 2023.

See Bill for other provisions.

The bill contains a severability clause and has a delayed effective date of January 1, 2023.
SB 391 - Ebbin - Cannabis control; retail market. (H) Committee on General Laws

(S) Committee on Finance and Appropriations
(H) Continued to 2023 in General Laws (12-Y 10-N)03/01/22
notes: Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to licensure, criminal penalties, expungement, regulation of certain hemp products, local regulation, and diversity, equity, and inclusion.
SB 411 - Morrissey - Controlled substances; possession, penalties. (S) Committee on the Judiciary(S) Read third time and defeated by Senate (19-Y 21-N)02/10/22
notes: Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.

See the bill for other provisions.
SB 413 - Morrissey - Drug possession; persons charged with first offense, probation. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(H) Left in Courts of Justice03/08/22
notes: Requires a court to defer proceedings and place a defendant on probation if such defendant is charged with possession of a controlled substance and qualifies under the first offender statute. Under current law, a court has discretion to defer proceedings and place such defendant on probation.
SB 511 - Suetterlein - Opioid treatment program pharmacy; medication dispensing, registered/licensed practical nurses. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0138)04/07/22
notes: Allows a registered nurse practicing at an opioid treatment program pharmacy to perform the duties of a pharmacy technician, provided that all take-home medication doses are verified for accuracy by a pharmacist prior to dispensing.
SB 542 - Marsden - Cannabis products; written certification for the use. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Left in Health, Welfare and Institutions03/08/22
notes: Requires the Board of Pharmacy to provide a form for practitioners to issue as written certification for the use of cannabis products. Current law requires the Office of the Executive Secretary of the Supreme Court to provide the form.
SB 594 - Pillion - Medicaid participants; treatment involving the prescription of opioids, payment. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0214)04/08/22
notes: Prohibits licensed providers from requiring payment from Medicaid participants for the prescription of an opioid for the management of pain or the prescription of buprenorphine-containing products, methadone, or other opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration for medication-assisted treatment of opioid addiction, regardless of whether the provider participates in the state plan for medical assistance.
SB 621 - Dunnavant - Cannabis products; retail sales by certain pharmaceutical processors. (S) Committee on Rehabilitation and Social Services(S) Incorporated by Rehabilitation and Social Services (SB313-Ebbin) (15-Y 0-N)02/04/22
notes: Allows certain pharmaceutical processors to, under the oversight of the Board of Pharmacy, sell cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill provides that such sales will be subject to existing Board of Pharmacy regulations and other requirements set forth in the bill. The bill requires pharmaceutical processors engaging in such sales to collect a 21 percent excise tax, to be deposited into the general fund, and pay a $1 million fee, to be deposited into the account of the Virginia Cannabis Control Authority and used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors to submit and comply with a plan describing how the pharmaceutical processor will, in its health service area, educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill directs the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations governing sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to the provisions of the bill and provides that, upon the effective date of such regulations, oversight of such activities shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority. The bill expires when pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licen
SB 622 - Favola - Recovery residences; disclosure to potential residents that residence is certified. (H) Committee on Counties, Cities and Towns

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0732)04/27/22
notes: Requires every person who operates a recovery residence to disclose to potential residents whether the recovery residence is a certified recovery residence and that no health care provider or behavioral health service provider who receives public funds or state agency shall refer a person with substance abuse disorder to a recovery residence unless the recovery residence has been certified by the Department of Behavioral Health and Developmental Services (the Department) in accordance with regulations adopted by the Board of Behavioral Health and Developmental Services (the Board). The bill also provides that credentialing agencies by which the Board may require accreditation or in which the Board may require membership shall administer credentialing and certification programs in accordance with standards of the National Alliance for Recovery Residences; requires the Board to adopt regulations requiring each certified recovery residence include one or more resident or nonresident staff persons who is employed by the provider for compensation and who is responsible for oversight or management of the recovery residence; and requires the Department to provide, for each certified recovery residence included on the list maintained on the Department%92s website the level of support provided by the certified recovery residence. The bill also provides that certified recovery residences shall constitute residential occupancy by a single family for zoning purposes, regardless of the number of persons residing in the certified recovery residence, and exempts certified recovery residences from the provisions of the Virginia Landlord and Tenant Act.
SB 639 - Morrissey - Overdoses; arrest and prosecution when experiencing or reporting. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(H) Left in Courts of Justice03/08/22
notes: Clarifies that the immunity afforded to the seeking of emergency help for an overdose also applies to a show cause, a probation revocation, or a parole violation.
SB 647 - Dunnavant - Public health emergency; Comm. of Health to authorize administration, etc., of necessary drugs, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0733)04/27/22
notes: Allows the Commissioner of Health to authorize persons who are not authorized by law to administer or dispense drugs or devices to do so in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order 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 for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases. Current law limits the Commissioner's ability to make such authorizations to circumstances when 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.
SB 671 - Dunnavant - Pharmaceutical processors; amends the definition of "cannabis oil." (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0392)04/11/22
notes: Amends the definition of "cannabis oil" by removing the requirement that only oil from industrial hemp be used in the formulation of cannabis oil. The bill requires the Board of Pharmacy to publish monthly on its website information including the number of practitioners, patients, registered agents, and parents or legal guardians of patients in each health service area who have registered with the Board, the number of written certifications issued, the number of pending applications for registrations, and the pace at which the Board is approving registrations. The bill directs the Board to promulgate numerous regulations related to pharmaceutical processors.
SB 711 - Chase - Prescriptions; off-label use. (S) Committee on Education and Health(S) Passed by indefinitely in Education and Health (9-Y 6-N)02/10/22
notes: Provides that a licensed health care provider with prescriptive authority may prescribe, administer, or dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use when the health care provider determines, in his professional judgment, that such off-label use is appropriate for the care and treatment of the patient and prohibits a pharmacist from refusing to dispense a drug for off-label use if a valid prescription is presented.
SB 759 - Newman - Drug Control Act; adds certain chemicals to the Act. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0115)04/06/22
notes: Adds certain chemicals to the Drug Control Act. The Board of Pharmacy has added these substances in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.