Legislative Update

Health General

Bills Committee Last action Date
HB 1474 - Orrock - Dental hygienist; remote supervision. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0410)03/13/17
notes: Eliminates the requirement that a dental hygienist providing dental hygiene services under remote supervision be employed by the supervising dentist; clarifies continuing education requirements for dental hygienists practicing under remote supervision; eliminates the requirement for written permission to treat a patient from a dentist who has treated the patient in the previous 12 months; and allows a dental hygienist practicing under remote supervision to treat a patient who provides verbal confirmation that he does not have a dentist of record whom he is seeing regularly. The bill eliminates the requirement that a dental hygienist practicing under remote supervision consult with the supervising dentist prior to providing further dental hygiene services if the patient is medically compromised or has periodontal disease and allows a dental hygienist practicing under remote supervision to provide further dental hygiene services in accordance with a written practice protocol developed and provided by the supervising dentist, which shall consider, at minimum, the medical complexity of the patient and the presenting signs and symptoms of oral disease. The bill requires a supervising dentist who conducts the examination of the patient or refers the patient to another dentist for examination following the 90-day period during which a dental hygienist is permitted to provide dental hygiene services under remote supervision to develop a diagnosis and treatment plan for the patient.
HB 1544 - Collins - Certificates of public need; conditions on certificates, alternative plans of compliance. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0768)03/27/17
notes: Provides that in cases in which a certificate holder holds more than one certificate of public need with conditions, and the certificate holder is unable to satisfy the conditions of one certificate, the Department of Health may provide for satisfaction of the conditions on that certificate by the provision of care at a reduced rate to indigent individuals in excess of the amount required by another certificate issued to the same holder, in an amount approved by the Department as part of an alternative plan of compliance.
HB 1548 - Farrell - Advance directives; admission of person for mental health treatment, capacity determinations. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0456)03/13/17
notes: Amends procedures for advance directives to (i) provide that in cases in which a person has executed an advance directive granting an agent authority to make decisions for the declarant regarding mental health care, including decisions regarding admission to a facility for mental health treatment, the determination that the person is incapable of making an informed decision regarding such care or admission may be made by the attending physician or a psychiatrist, licensed clinical psychologist, licensed psychiatric nurse practitioner, or designee of the local community services board following an in-person examination and (ii) provide that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who was familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. The bill also clarifies that admissions of a person to a facility for mental health treatment by an agent acting pursuant to an advance directive shall be subject to the requirements of 37.2-805.1.
HB 1567 - Orrock - Medicaid applications; information about advance directives. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0106)02/21/17
notes: Requires all entities approved by the Board of Medical Assistance Services to receive applications and to determine eligibility for medical assistance to provide each applicant for medical assistance with information about advance directives pursuant to Article 8 (54.1-2981 et seq.) of Chapter 29 of Title 54.1, including information about the purpose and benefits of advance directives and how the applicant may make an advance directive.
HB 1716 - Anderson - Alzheimer's Disease and Related Disorders Commission; extends sunset provision. (H) Committee on Rules

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0191)02/23/17
notes: Extends the sunset date of the Alzheimer's Disease and Related Disorders Commission from July 1, 2017, to July 1, 2020, and makes a technical correction to the reporting requirement of the Commission.
HB 1747 - O'Bannon - Advance directives; persons authorized to provide assistance in completing, training programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0747)03/24/17
notes: Provides that a qualified advance directive facilitator may distribute written advance directives in a form meeting the requirements of 54.1-2984 and may provide ministerial assistance to a person completing and executing an advance directive, including reading the form of an advance directive meeting the requirements of 54.1-2984 to a person, discussing the person's preferences with regard to items included in the form, recording the person's answers on the form, helping the person sign the form, and obtaining any other necessary signatures on the form, upon completion of a training program for providing such assistance approved by the Department of Health.
HB 1775 - Hodges - Persons with developmental disabilities; terminology. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0458)03/13/17
notes: Corrects numerous sections of the Code of Virginia by replacing the term "intellectual disability" with "developmental disabilities" as appropriate.
HB 1944 - Peace - Administrative Process Act; certain regulations for licensed providers by DMAS and DBHDS. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0599)03/16/17
notes: Sets out additional procedures to be followed by the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services when promulgating certain regulations that apply to licensed providers. The bill also requires the Department of Planning and Budget, in conducting the economic impact analysis on proposed regulations of any agency subject to the Administrative Process Act, to provide an opportunity for comment to a business or other entity to which a proposed regulation would apply regarding the anticipated economic impact of the proposed regulation. The bill provides that any such comment shall be considered by the Department of Planning and Budget and included in its economic impact analysis. The bill contains technical amendments.

HB 2209 - O'Bannon - Emergency Department Care Coordination Program; established. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0600)03/16/17
notes: Establishes the Emergency Department Care Coordination Program in the Department of Health to provide a single, statewide technology solution that connects all hospital emergency departments in the Commonwealth to facilitate real-time communication and collaboration between physicians, other health care providers, and other clinical and care management personnel for patients receiving services in hospital emergency departments, for the purpose of improving the quality of patient care services.

HB 2277 - Marshall, D.W. - Licensure of doctors of medicine, osteopathy, chiropractic, and podiatry; requirements. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0117)02/21/17
notes: Eliminates the requirement that supervised clinical training that is received in the United States as part of the curriculum of an international medical school be obtained in an approved hospital, institution, or school of medicine offering an approved residency program in the specialty area for the relevant clinical training or in a program acceptable to the Board of Medicine (Board) and deemed a substantially equivalent experience. The bill also eliminates the authority of the Board to consider other factors that reflect whether an educational institution is acceptable to the Board for the purpose of satisfying educational and training requirements for licensure. The bill also repeals the requirement for supplemental training or study for graduates of institutions not approved by an accrediting agency recognized by the Board.
HB 2317 - O'Bannon - Harm reduction programs; public health emergency, etc. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0183)02/23/17
notes: Authorizes the Commissioner of Health (Commissioner) to establish and operate local or regional comprehensive harm reduction programs during a declared public health emergency that include the provision of sterile and disposal of used hypodermic needles and syringes. The objectives of the programs are to reduce the spread of HIV, viral hepatitis, and other blood-borne diseases in Virginia, to reduce the transmission of blood-borne diseases through needlestick injuries to law-enforcement and other emergency personnel, and to provide information to individuals who inject drugs regarding addiction recovery treatment services. The programs will be located in at-risk communities, in accordance with criteria established by the Department of Health.

The bill requires the Commissioner to establish standards and protocols for the comprehensive harm reduction programs and requires the Secretary of Health and Human Services and the Secretary of Public Safety to approve such standards and protocols.

The bill also provides that the Commissioner may authorize persons who are not otherwise authorized by law to dispense or distribute hypodermic needles and syringes to dispense or distribute hypodermic needles and syringes as part of a comprehensive harm reduction program during a declared public health emergency. Such persons would not be subject to certain prohibitions against dispensing or distributing hypodermic needles and syringes, provided that they are acting in accordance with the standards and protocols of the comprehensive harm reduction program.

The bill requires the Department of Health to submit, to the Governor and to the General Assembly, a progress report concerning any such program established by October 1, 2018,
HB 2411 - Byron - Health insurance; reinstating pre-Affordable Care Act provisions. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(H) House sustained Governor's veto04/05/17
notes: Repeals provisions that were added, and restores provisions that were amended or repealed, by the General Assembly since 2011 in efforts to bring the laws of the Commonwealth in conformity with requirements of the federal Patient Protection and Affordable Care Act. The measure will become effective on the later of July 1, 2017, or the effective date of federal legislation repealing the Act.
HJ 780 - Bell, Richard P. - Self-Care Month. (H) Committee on Rules

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ780ER)02/15/17
notes: Designates February, in 2018 and in each succeeding year, as Self-Care Month in Virginia.
SB 848 - Wexton - Naloxone; dispensing for use in opioid overdose reversal, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0055)02/20/17
notes: Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber,(ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
SB 1321 - Carrico - Ophthalmic prescriptions; definitions, who may provide prescriptions, requirements. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0184)02/23/17
notes: Defines "eye examination" and "ophthalmic prescription" and sets out requirements for each. The bill prohibits the dispensing of eyeglasses or contact lenses unless the patient provides a valid ophthalmic prescription and prohibits ophthalmologists and optometrists from requiring patients to purchase ophthalmic goods, pay additional fees, or sign a waiver or release in exchange for a copy of an ophthalmic prescription. The bill provides that a violation of its requirements is a Class 2 misdemeanor.
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