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HEALTH

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation
(C) Carried over from 2008 Session (CD) Carried over from 2008 session but died in committee on or before December 4th


Abortion clinics; requires all to be licensed. Amending 32.1-102.1, 32.1-123, 32.1-125, 32.1-125.1, 32.1-126, 32.1-127, 32.1-129, 32.1-130, 32.1-133, and 32.1-135. (Patron-Vogel, SB 1270 (F))
Adolescent Well Health visit; recognizing importance thereof for health and well-being of adolescents and young adults. (Patron-Amundson, HJR 823 (P); Amundson, HR 41 (F))
Advance medical directives; physician determining patient is incapable of making an informed decision about medical treatment shall have completed a training program in capacity assessments. Amending  54.1-2982. (Patron-Amundson, HB 2334 (I) See HB2396)
Advance medical directives; revises Health Care Decisions Act to clarify process determining a patient to be incapable of making an informed decision regarding health care. Amending 37.2-801, 37.2-1009, 54.1-2982, 54.1-2983, 54.1-2984, 54.1-2985, 54.1-2986, 54.1-2987 through 54.1-2989, 54.1-2990, 54.1-2991, and 54.1-2992; adding  37.2-805.1, 54.1-2983.1, 54.1-2983.2, 54.1-2983.3, 54.1-2985.1, 54.1-2986.1, and 54.1-2986.2. (Patron-Bell, HB 2396 (Chapter 211); Whipple, SB 1142 (Chapter 268))
Alcoholic beverage control; long-term care facility license for assisted living facilities and nursing homes. Amending 4.1-100, 4.1-206, 4.1-231, and 4.1-233. (Patron-Mathieson, HB 1956 (F))
Alzheimer’s Disease and Related Disorders Commission; extends sunset until July 1, 2014, and Commission to develop and promote strategies to encourage brain health and reduce cognitive decline. Amending  2.2-720. (Patron-Merricks, HB 1617 (Chapter 51); Northam, SB 1109 (Chapter 553))
Application for social or health services; for purposes of qualifying for any program shall not include any income or resources of a person whose relationship to applicant is not recognized by laws of State. Amending  32.1-12 and 63.2-217. (Patron-Englin, HB 2375 (F))
Asbestos, Lead, and Home Inspectors, Board for; regulation of lead-based paint renovation, repair, and painting. Amending 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-512, 54.1-516, and 54.1-517. (Patron-Joannou, HB 2432 (Chapter 819))
Asbestos, Lead, and Home Inspectors, Board for; required certified home inspection include evaluation of home’s heating and cooling systems, etc. Amending  54.1-500. (Patron-Vogel, SB 716 (CD))
Assisted living facility staff; requirement of work experience for administrators and medication aides. Amending  54.1-3042 and 54.1-3102. (Patron-McEachin, SB 1543 (F))
Autopsy reports; release to mental health facilities. Amending 32.1-283. (Patron-Cuccinelli, SB 822 (F))
Betterment loans; established, eligibility therefor to repair or replace failing onsite sewage systems. Amending  32.1-163 and 32.1-166.6; adding  32.1-164.1:2. (Patron-Poindexter, HB 2646 (Chapter 829))
Bioscience and technology-related development; Economic Development Partnership to promote, Research Commercialization Fund not to be used for conducting research on cells or tissues from induced abortions, etc. Amending  2.2-2233.1, 2.2-2238, 2.2-2515, and 2.2-2516. (Patron-Sickles, HB 2444 (F))
Birth control; definition. Amending  54.1-2900. (Patron-Amundson, HB 2338 (F))
Birth control prescriptions; pharmacist who refuses to fill ensure patient is treated in a nonjudgmental manner. Amending 54.1-3401; adding  54.1-3411.2 and 54.1-3433.1. (Patron-Englin, HB 2373 (F))
Cancer research; joint subcommittee to study benefits to State of appropriating additional funds therefor. (Patron-Martin, SJR 292 (F))
Certificate of public need; applications for increase in psychiatric or substance abuse treatment beds in response to Request for Applications only. Amending  32.1-102.3:2. (Patron-Sickles, HB 2451 (I) See HB1598)
Certificate of public need; Commissioner of Health to accept and approve request to amend conditions of those issued. (Patron-Purkey, HB 1605 (Chapter 394))
Certificate of public need; Department of Corrections exempt from definition of medical care facility for purposes thereof. Amending  32.1-102.1. (Patron-Dance, HB 1768 (Chapter 67))
Certificate of public need; exempts therefrom requirements up to 10 beds for delivery of inpatient psychiatric services in a critical access hospital. Amending  32.1-102.1. (Patron-Reynolds, SB 1467 (F))
Certificate of public need; increases maximum amount for fees for an application therefor. Amending  32.1-102.2. (Patron-Puckett, SB 1334 (F))
Certificate of public need; plan of correction for failure to meet conditions. Amending  32.1-102.4. (Patron-McClellan, HB 1981 (I) See HB1598; Watkins, SB 1162 (Chapter 711))
Certificate of public need; replaces existing criteria for determining need and method of filing. Amending  32.1-102.1, 32.1-102.1:1, 32.1-102.2, 32.1-102.2:1, 32.1-102.3, 32.1-102.3:1, 32.1-102.3:2, 32.1-102.3:5, 32.1-102.4, 32.1-102.6, 32.1-102.10, 32.1-102.12, 32.1-122.06, and 32.1-276.5. (Patron-Hamilton, HB 1598 (Chapter 175))
Chronic diseases; Joint Commission on Health Care to study opportunities for early identification and preventive care. (Patron-Houck, SJR 325 (P))
Cigarette tax rate; funding education and Medicaid. Amending 58.1-1001. (Patron-Englin, HB 2379 (F))
Copies of medical bills and charges; no cost to patient up to three times every 12 months. Amending  8.01-413. (Patron-McDougle, SB 1154 (Chapter 270))
Criminal convictions; notification to certain individuals of availability of physical evidence suitable for DNA testing, report. (Patron-Stolle, SB 1391 (Chapter 172))
Dangerous dog; court may order owner to pay to any person injured costs of medical care. Amending  3.2-6540. (Patron-Athey, HB 2321 (I) See HB2364)
Dangerous or vicious dog; court may order owner to pay restitution for damages to any person injured or whose companion animal was injured or killed thereby. Amending  3.2-6540. (Patron-Gilbert, HB 2364 (Chapter 377))
Death certificates; disclosure to grandchildren and great-grandchildren. Amending  32.1-271. (Patron-Cuccinelli, SB 927 (Chapter 505))
Disabled prisoners; those terminally ill or permanently and totally disabled may petition Parole Board for conditional release. Amending  53.1-40.01. (Patron-Barker, SB 1235 (F))
Disposal of dead body; prohibited, increases from a Class 1 misdemeanor to a Class 6 felony. Amending  18.2-323.01. (Patron-Phillips, HB 2189 (F))
Donor Registry and Public Awareness Fund; changes name of Transplant Council Education Fund thereto, etc. Amending 32.1-292.2, 32.1-297.1, 46.2-342, and 58.1-344.3. (Patron-Howell, SB 949 (Chapter 834))
DUI blood test refusal; if person refuses, Executive Secretary of Supreme Court shall make form available on Internet. Amending 18.2-268.3. (Patron-Griffith, HB 2303 (Chapter 239))
Emergency medical services provider; procedure upon receipt of complaint. Adding  32.1-111.5:1. (Patron-Abbitt, HB 2625 (F))
Emergency response plans; ensuring victims’ rights. Amending 22.1-279.8, 23-9.2:9, 32.1-111.3, 32.1-111.11, 44-146.18, and 44-146.19. (Patron-Shannon, HB 2612 (Chapter 222); Howell, SB 1150 (Chapter 269))
Estate tax; reinstates federal credit amount so State would receive payments from those deaths on or after July 1, 2009. Amending 32.1-127, 58.1-901, 58.1-902, 58.1-905, and 58.1-912; adding 58.1-901.1. (Patron-Watts, HB 1895 (F))
Every Woman’s Life Breast and Cervical Cancer Fund; established. Amending  58.1-344.3; adding  32.1-368 and 32.1-369. (Patron-Vanderhye, HB 2200 (Chapter 26); Whipple, SB 1144 (Chapter 521))
Exposure to communicable diseases; if any first responders becomes exposed to another’s body fluids that may transmit HIV or hepatitis, person shall be deemed to have consented to testing for those viruses. Amending  32.1-45.1 and 32.1-116.3. (Patron-Northam, SB 1107 (Chapter 552))
Fetal deaths; when occurs without medical attendance, mother or someone acting on her behalf, must report within 24 hours. Amending  32.1-264. (Patron-Obenshain, SB 962 (F))
Funerals and burials; designation of persons authorized to make decisions. Amending  2.2-713, 32.1-288, 32.1-301, 54.1-2800, 54.1-2807, 54.1-2825, and 57-27.3; adding  54.1-2807.2 and 54.1-2807.3. (Patron-Armstrong, HB 1484 (CD); Armstrong, HB 1909 (F))
Health, Board of; adds two members. Amending  32.1-5. (Patron-Barker, SB 1236 (Chapter 128))
Health care providers; expands list of expressions of sympathy that are not admissible in medical malpractice actions and wrongful death actions brought against. Amending  8.01-52.1 and 8.01-581.20:1. (Patron-Hamilton, HB 2057 (Chapter 414))
Health, Department of; extends sunset provision for issuance of certificates of free sale to certain manufacturers. Amending third enactment of Chapter 10, 2008 Sp. II Acts. (Patron-Newman, SB 1286 (F))
Health, Department of; relieves Department of its responsibility of certain reports to Secretary of Agriculture and Forestry. Amending  3.2-206. (Patron-Ticer, SB 871 (Chapter 585))
Health insurance; coverage for length of hospital inpatient stay for mother and newborn after childbirth. Amending  38.2-3414.1. (Patron-Tyler, HB 2521 (F))
Health insurance; mandated coverage for telehealth services. Amending  38.2-4319; adding  38.2-3418.15. (Patron-Phillips, HB 2191 (F); Wampler, SB 1458 (F))
Health insurance, basic; increasing availability thereof in State. Amending  32.1-102.4, 38.2-4214, and 38.2-4319; adding 38.2-3406.1, 38.2-3406.2, and 38.2-3541.1. (Patron-Marshall, D.W., HB 2024 (Chapter 796))
Health insurance, basic; increasing availability thereof in State. Amending  32.1-102.4 and 38.2-4214; adding  38.2-3406.1 and 38.2-3406.2. (Patron-Watkins, SB 1411 (Chapter 877))
Health insurance credits; all retired employees of local school divisions to receive. Amending  51.1-1400 and 51.1-1401. (Patron-McEachin, SB 674 (CD); McEachin, SB 1327 (F))
Health insurance plan; insurance mandate for policies of accident and health insurance shall also apply thereto plans for state employees. Amending  2.2-2818; adding  2.2-2818.2. (Patron-Wagner, SB 1351 (Chapter 317))
Health Professions, Department of; may release information for determining shortage designations and to qualified personnel if pertinent to research, etc., provided confidentiality is executed. Amending  54.1-2506.1 and 54.1-3012.1. (Patron-Tyler, HB 2405 (Chapter 382))
Hospital emergency departments; ability to access electronic health records. (Patron-O’Bannon, HB 247 (CD))
Hospital emergency rooms; Crime Commission to study issues of public safety. (Patron-Stolle, SJR 358 (P))
Hospital-Emergency Treatment Reimbursement Fund; established. Adding  32.1-127.4, 38.2-6300 through 38.2-6303, and 40.1-29.1. (Patron-Purkey, HB 364 (CD))
Income tax, state; deduction for donations to health care sharing organizations. Amending  58.1-322. (Patron-Byron, HB 1513 (CD))
Income tax, state; deduction for licensed medical caregivers. Amending  58.1-322. (Patron-Watts, HB 1049 (CD))
Income tax, state; in-home health care tax credit. Adding 58.1-339.12. (Patron-Watts, HB 2195 (F))
Indigent Health Care Trust Fund; repealed. Amending  32.1-351.1; repealing  32.1-332 through 32.1-342. (Patron-Watkins, SB 1448 (Chapter 578))
Individuals with life-threatening conditions; Joint Commission on Health Care to study ways to ensure that they receive care they need, regardless of resources. (Patron-Barker, SJR 339 (F))
Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas in State, civil penalty. Amending 15.2-2800, 15.2-2801, 15.2-2804, 15.2-2805, and 15.2-2806; adding  32.1-370 through 32.1-377. (Patron-Englin, HB 1692 (I) See HB1703; Saslaw, SB 1160 (I) See SB1105)
Indoor Clean Air Act; prohibits smoking in certain public buildings, restaurants, etc., exceptions. Amending  18.2-511.1; adding  15.2-2820 through 15.2-2833; repealing  15.2-2800 through 15.2-2810. (Patron-Cosgrove, HB 1703 (Chapter 153); Northam, SB 1105 (Chapter 154))
Infectious disease; deemed consent for testing for HIV or hepatitis B or C when exposed to body fluids if firefighter or emergency medical technician is involved. Amending  32.1-45.1. (Patron-Miller, J.H., HB 2141 (Chapter 96))
Infectious disease; eliminates requirement that a law-enforcement officer give notice that a person shall be deemed to have consented to testing and disclosure of test results for HIV and hepatitis B or C when officer is exposed to body fluids. Amending  32.1-45.1. (Patron-Hanger, SB 1034 (I) See SB1107; McDougle, SB 1152 (I) See SB1107)
Infectious disease; establishes deemed consent to test for HIV and hepatitis B and C and release test results related to in certain cases. Amending  32.1-45.1 and 32.1-116.3. (Patron-Sickles, HB 2449 (Chapter 478))
Influenza vaccination; requires Board of Health to develop and issue guidelines for administration to minors by a licensed pharmacist, registered nurse, etc. Amending  54.1-3408; adding  32.1-46.02. (Patron-Sickles, HB 2447 (Chapter 110))
Informed consent; ultrasound required before performing abortion to determine gestation age. Amending  18.2-76. (Patron-Byron, HB 2579 (F))
Juveniles; expands collection of DNA to include that of any age 14 or older whose delinquency charges are deferred and dismissed. Amending  16.1-299.1. (Patron-Pogge, HB 2503 (F))
License plates, special; issuance for supporters of Lake Taylor Transitional Care Hospital Foundation and National D-Day Memorial Foundation. Repealing Chapters 432 and 634, 2008 Acts. (Patron-Landes, HB 1586 (I) See HB2534)
Medicaid; joint subcommittee to study reducing costs by increasing efficiencies and reducing fraud. (Patron-Marshall, R.G., HJR 719 (F))
Medical advisory committees and consultants; privileged communications. Amending  8.01-581.17. (Patron-O’Bannon, HB 382 (CD))
Medical assistance plan; Department of Medical Assistance Services to contract with Department of Mental Health, Mental Retardation and Substance Abuse Services for mental health services. Amending  32.1-325. (Patron-Hamilton, HB 510 (CD))
Medical examiner’s investigation; examination of body. Amending 32.1-283. (Patron-Deeds, SB 354 (CD))
Medical information; protection by adding definition of personal information. Amending  18.2-186.6 and 32.1-127.1:03. (Patron-Barker, SB 1229 (F))
Medical records; fees for copying. Amending  8.01-413. (Patron-Griffith, HB 551 (CD))
Medicine, Board of; Joint Legislative Audit and Review Commission to conduct follow-up review of effectiveness thereof in regulating practice of medicine. (Patron-Puller, SJR 276 (F))
Mental health professionals in public schools; commending. (Patron-Amundson, HJR 903 (P))
Mental Retardation Medicaid Waiver and Individual and Family Developmental Disabilities and Support Medicaid Waiver; elimination of waiting lists. (Patron-Barker, SB 1501 (Chapter 303))
Mental Retardation Medicaid Waiver and Individual and Family Developmental Disabilities and Support Medicaid Waiver; Governor to develop a plan to eliminate urgent care waiting lists, report. (Patron-Cox, HB 2674 (Chapter 228))
Mobile camps for railroad employees; establishes standards for rooms at terminals and headquarters, etc., provided by a railroad company for employees and contractors. Adding 32.1-211.1, 32.1-211.2, 32.1-211.3, and 56-129.2. (Patron-Lucas, SB 807 (F))
Mold inspectors and remediators; licensure thereof by Board for Asbestos, Lead, and Home Inspectors. Amending  54.1-300, 54.1-500, 54.1-500.1, 54.1-501, and 54.1-516; adding 54.1-517.3, 54.1-517.4, and 54.1-517.5. (Patron-Marshall, D.W., HB 2032 (Chapter 358))
Natural health care providers; clarifies individual not licensed, registered, etc., may provide health care services to consumer regarding use of natural foods, etc. Adding  54.1-2415, 54.1-2416, and 54.1-2417. (Patron-Pogge, HB 1744 (F))
Notification of family member; disclosure of information regarding a patient’s location and general condition thereof. Amending 32.1-127.1:03 and 37.2-804.2. (Patron-Cuccinelli, SB 1432 (I) See SB1077)
Notification of family member in commitment process; disclosure of information regarding a patient’s location and general condition. Amending  32.1-127.1:03 and 37.2-804.2. (Patron-O’Bannon, HB 2461 (Chapter 651); Howell, SB 1077 (Chapter 606))
Nursing facility beds; Health Commissioner to issue Request for Applications in Planning District 9. (Patron-Houck, SB 672 (CD))
Nursing home beds; Health Commissioner may accept applications and issue certificates of public need. (Patron-Hogan, HB 1532 (CD))
Nursing homes; authorization and acceptance of certain certificate of public need applications, funding incentives from existing funds to effect Green House demonstration in Planning District 8. (Patron-Vogel, SB 1263 (F))
Nursing homes; report quarterly to Department of Health direct care service hours provided by certified nursing assistants, etc., based on payroll information reported to IRS. Amending 32.1-127. (Patron-Watts, HB 2193 (F))
Onsite sewage system; Board of Health shall establish procedures for requiring a survey plat as part of an application for a permit therefor. Amending  32.1-164. (Patron-Phillips, HB 2188 (Chapter 747))
Onsite treatment works; designs therefor include a report by professional soil scientist. Amending  32.1-163.6. (Patron-Nutter, HB 2148 (Chapter 97))
Onsite treatment works; provides specific requirements therefor designed by professional engineers. Amending  32.1-163.6. (Patron-Orrock, HB 2551 (Chapter 220); Quayle, SB 1468 (Chapter 296))
Organ and tissue donation; funeral homes receiving a body following organ or tissue donation and providing embalming, etc., shall be immune from liability. Adding  54.1-2818.4. (Patron-Massie, HB 2258 (Chapter 811))
Patient level data system; reporting requirement. Amending 32.1-276.6. (Patron-O’Bannon, HB 2462 (Chapter 652))
Pharmacy contracts; establishes requirements for audit procedures and claims review process. Amending  38.2-4319; adding 38.2-3407.9:04. (Patron-Ware, R.L., HB 1650 (F))
Posting of charity care policies; requires all hospitals to post information related thereto. Adding  32.1-137.01. (Patron-O’Bannon, HB 2458 (Chapter 425))
Preborn human beings; constitutional right to enjoyment of life from moment of fertilization. (Patron-Marshall, R.G., HB 1639 (F))
Prescription donation; clarifies hospitals and clinics may redispense donation medications to indigent. Amending 54.1-3411.1. (Patron-Eisenberg, HB 2482 (Chapter 114))
Pressure sores; requires nursing homes, certified nursing facilities, etc., to report data on occurrence thereof among patients. Amending  32.1-127 and 63.2-1732. (Patron-Bell, HB 2395 (F))
Prisoners; medical and psychiatric benefits. Adding  53.1-40.11. (Patron-Puller, SB 138 (CD))
Private residential wells; regulations shall include minimum storage capacity and yield requirements. Amending  32.1-176.4. (Patron-Poindexter, HB 2270 (Chapter 105))
Public schools; abortion services prohibited. Adding  22.1-7.1. (Patron-Pogge, HB 1538 (CD))
Residential onsite sewage systems; replacement or modification thereof to include nitrogen removal capabilities. Amending 10.1-2132 and 32.1-164. (Patron-Ticer, SB 1509 (Chapter 695))
Smoke Free Air Act; smoking in public places, civil penalties. Amending  18.2-511.1; adding  32.1-73.8 through 32.1-73.16; repealing  15.2-2800 through 15.2-2810. (Patron-Hamilton, HB 2067 (I) See HB1703)
Smoke Free Air Act; smoking in public places, civil penalties. Amending  18.2-511.1; adding  32.1-73.8 through 32.1-73.17; repealing  15.2-2800 through 15.2-2810. (Patron-Howell, A.T., HB 1704 (I) See HB1703; Whipple, SB 1057 (I) See SB1105)
Statewide Healthcare Workforce Authority; created, report. Amending  32.1-122.7 and 32.1-122.21; adding  32.1-122.7:1. (Patron-Nutter, HB 2142 (F))
Successor corporations; asbestos-related liability. Adding 13.1-721.2. (Patron-Kilgore, HB 1762 (F); Puller, SB 1493 (F))
Surgeon General, State; established. Adding  32.1-22.1. (Patron-Miller, Y.B., SB 1437 (F))
Surgeon General, State; Joint Commission on Health Care to study feasibility and value of establishing. (Patron-Miller, Y.B., SJR 316 (F))
Tobacco Settlement Foundation; changes name to Virginia Foundation for Healthy Youth. Amending  2.2-2696, 2.2-2905, 32.1-354, 32.1-355, 32.1-356, and 32.1-359 through 32.1-361.1. (Patron-O’Bannon, HB 2456 (Chapter 424); Northam, SB 1112 (Chapter 554))
Unborn child pain information; requires doctors to offer to anesthetize fetus prior to abortion. Amending  18.2-76. (Patron-Cline, HB 2634 (F))
Virginia Network for Geospatial Health Research Authority; created, report. Amending  2.2-2905; adding  32.1-368 through 32.1-377. (Patron-Barker, SB 1497 (F))
Wells; issuance of an express geothermal permit for construction thereof. Amending  32.1-176.4. (Patron-Petersen, SB 1128 (Chapter 710))
Wells, private; requires site plan, but not survey plat, to be included in an application for permit to construct. Amending 32.1-176.3 and 32.1-176.5. (Patron-Lewis, HB 1681 (Chapter 59))
Workers’ compensation; establishes limitations period in which a public safety employee may bring a compensation claim thereunder for certain occupational diseases. Amending  65.2-406. (Patron-Barlow, HB 2252 (F))
Workers’ compensation; infectious disease presumption for wastewater systems employees. Amending  65.2-402.1. (Patron-Pogge, HB 1749 (F))
2009 Cumulative Index of Bills, Joint Resolutions, and Resolutions - For additional information, please contact the House of Delegates Information and Public Relations Office, P. O. Box 406, State Capitol, Richmond, Virginia 23218, telephone (804) 698-1500. Last updated 06/03/09