2017 Virginia General Assembly Session Overview

The 2017 General Assembly Session adjourned sine die on February 25th.  This was a “short session” lasting only 45 days.  Although time was compressed, the legislature considered more than 2,700 pieces of legislation. As is typically the case, only about one-third of the legislation introduced was passed into law.

As always, the legislature considered a wide variety of bills.  Some of the most high-profile topics included:

  • Curbing the opioid crisis;
  • COPN reform;
  • Mental health reform;
  • Regulation of short-term rentals (Airbnb);
  • Virginia Broadband Deployment Act;
  • Capping the Historic Rehabilitation Tax Credit;
  • Redistricting reform; and
  • Regulatory reform (“Red Tape Reduction Act”).

Of the many issues considered by the legislature, your lobbyists tracked 60 bills of general interest to the VSA this Session.  We sent weekly updates on this bill list to members of the VSA Board.  Please see attached for a copy of that list (please note that this list was last updated on February 22nd, three days before the adjournment of the 2017 Session). You may get more information on any of the bills listed through this link: http://lis.virginia.gov/cgi-bin/legp604.exe?171+men+BIL

Below are brief recaps of the most pressing issues this Session:

Opioids: Multiple bills were introduced this year to curb the opioid crisis.  Some of the most troubling legislation introduced sought to impose day limits on opioid prescriptions. Together with the MSV, your lobbyists worked to negotiate a compromise on these bills.  In exchange for forgoing prescriber day limits, the legislature agreed to require physicians to check the Prescription Monitoring Program for evidence of controlled substance abuse when prescribing an opioid for more than 7 days (14 days post-op).  This bill will “sunset” in 2022, allowing the legislature to determine if this restriction helps to stem the tide of opioid misuse.

Additionally, Virginia’s Board of Medicine approved new emergency regulations that will give it authority to specifically regulate the prescribing of opioids for pain. Those regulations will go into effect in about a month, after the Governor signs them.

COPN:  For the third year in a row, legislators attempted to repeal or revise Virginia’s COPN laws to make it easier for hospitals to offer more services without getting permission from the state.  Once again, that effort has failed amid intense lobbying from the Virginia Hospital and Healthcare Association, which argues that COPN reform should only be considered as part of a larger plan that addresses healthcare coverage and access, among other items. Nevertheless, there continues to be significant interest in COPN reform, making it likely that the effort will be revived in 2018.

Scope of Practice: Once again, the Virginia Council of Nurse Practitioners attempted to have legislation introduced to broaden the scope of practice of NPs throughout the Commonwealth.  Fortunately, that effort was halted before Session even began by legislators who wanted stakeholders to have more substantive discussions before introducing legislation.  The stakeholders, including your VSA lobbyists, will meet on April 5th to set a series of meetings throughout this spring and summer.  Although nurse anesthetists have thus far not been included in this discussion, we will remain vigilant about any attempts to include them in the future.

CAAs: As a reminder, the VSA will be promoting proactive legislation in the 2018 Session have Certified Anesthesiology Assistants (CAAs) licensed in the Commonwealth.  The Virginia Department of Health Professions will be conducting a study about CAAs this spring and summer, which is a standard prerequisite to new licensure in Virginia. Your lobbyists will continue meeting with stakeholders, legislators and others over the next several months to prepare for this effort.

*Note – last updated 2/27/2017
All bills may be accessed at:
http://lis.virginia.gov/cgi-bin/legp604.exe?171+men+BIL

Bill Patron Title Status
HB1251 Leftwich Health insurance; assignment of benefits. Dead
HB1393 Landes Direct primary care agreements; Commonwealth’s insurance laws do not apply. Dead
HB1420 Farrell Certificate of public need; repeals certain requirement involving psychiatric beds, etc. Dead
HB1424 Cole Prescription drugs; purpose of labeling. Dead
HB1449 Boysko Naloxone; dispensing for use in opioid overdose reversal, etc. Dead
HB1453 LaRock Naloxone; dispensing for use in opioid overdose reversal, etc. Passed House and Senate – On Governor’s Desk
HB1473 LaRock Pain-Capable Unborn Child Protection Act; penalty. Dead
HB1474 Orrock Dental hygienist; remote supervision. Passed House and Senate – On Governor’s Desk
HB1497 Farrell Ophthalmic prescriptions; definitions, who may provide prescriptions, requirements. Passed House and Senate – On Governor’s Desk
HB1541 Robinson Board of Nursing; powers and duties. Signed by Governor
HB1544 Collins Certificates of public need; conditions on certificates, alternative plans of compliance. Passed House and Senate
HB1566 Webert Professions and occupations; active supervision of regulatory boards, definitions, report. In Conference
HB1609 Leftwich Nurse practitioner as expert witness; scope of activities. Passed House and Senate
HB1615 Tyler Chief Medical Examiner; appointment, terms, and authority of medical examiners. Passed House and Senate – On Governor’s Desk
HB1642 Hope Naloxone or other opioid antagonist; possession and administration. Signed by Governor
HB1661 Greason Administration of medications to treat adrenal crisis. Passed House and Senate
HB1673 Krizek Issuance of disabled parking placards by physician. Dead
HB1688 Villanueva Practice of chiropractic; certain medical evaluations. Passed House and Senate – On Governor’s Desk
HB1689 Habeeb Requests for medical records or papers; fee limits; penalty for failure to provide. Passed House and Senate
HB1736 Hope Joint Commission on Health Care; sunset. Passed House and Senate – On Governor’s Desk
HB1748 O’Bannon Charity health care services; liability protection for administrators. Passed House and Senate – On Governor’s Desk
HB1750 O’Bannon Dispensing of naloxone; patient-specific order not required. Passed House and Senate – On Governor’s Desk
HB1755 Davis Step therapy protocols; disclosures. Dead
HB1767 Garrett Telemedicine, practice of; prescribing controlled substances. Passed House and Senate – On Governor’s Desk
HB1786 Stolle In utero exposure to a controlled substance; departments of social services to collect information. Passed House and Senate – On Governor’s Desk
HB1813 Leftwich Health insurance; assignment of benefits. Dead
HB1885 Hugo  Opioids; limit on amount prescribed, extends sunset provision. Passed House and Senate, Amended by the Governor (Amendments must be agreed to)
HB1898 Bell, John J. Controlled substances; limits on prescription containing opioids. Dead
HB1937 Heretick Professions and occupations; active supervision of regulatory boards. Dead
HB2037 Miller Health insurance; calculation of cost-sharing provisions. Passed House and Senate
HB2042 Murphy Suicide prevention; continuing education requirements for providers. Dead
HB2053 Landes Direct primary care agreements; the Commonwealth’s insurance laws do not apply. In Conference
HB2101 Byron Health care providers; data collection. In House
HB2135 Levine Medical marijuana; written certification. Dead
HB2161 Pillion Opioids; workgroup to establish guidelines for prescribing. Passed House and Senate – On Governor’s Desk
HB2162 Pillion Substance-exposed infants; study of barriers to treatment in Commonwealth. Passed House and Senate – On Governor’s Desk
HB2163 Pillion Buprenorphine without naloxone; prescription limitation. Passed House and Senate – On Governor’s Desk
HB2164 Pillion Drugs of concern; drug of concern. Passed House and Senate – On Governor’s Desk
HB2165 Pillion Opiate prescriptions; electronic prescriptions. Signed by Governor
HB2167 Pillion Opioids and buprenorphine; Boards of Dentistry and Medicine to adopt regulations for prescribing. Passed House and Senate – On Governor’s Desk
HB2209 O’Bannon Emergency Department Care Coordination Program; established. In House
HB2227 Head Certificate of public need; denial of certain certificates. Dead
HB2277 Marshall, D.W. Licensure of doctors of medicine, osteopathy, chiropractic, and podiatry; requirements. Signed by Governor
HB2337 O’Bannon Certificates of public need; creates a two-phase process. Dead
HB2400 Head Health insurance; use of drug pricing benchmark value. Dead
HB2411 Byron Health insurance; reinstating pre-Affordable Care Act provisions. Passed House and Senate
HJ544 Lingamfelter Study; JLARC to study the Virginia’s workers’ compensation system; report. Dead
HJ568 Farrell Study; Joint Commission on Health Care to study options for use of telemental health; report. Dead
HJ709 Poindexter Study; Secretary of Technology; interfacing of electronic medical records and information; report. Dead
SB800 Stanley Direct primary care agreements; the Commonwealth’s insurance laws do not apply. Passed House and Senate
SB841 Favola Marijuana; possession or distribution for medical purposes, affirmative defense for treatment. Dead
SB848 Wexton Naloxone; dispensing for use in opioid overdose reversal, etc. Signed by Governor
SB973 Sturtevant Assault and battery; health care providers; penalty. Signed by Governor
SB981 Stanley Charity health care services; liability protection for administrators. Signed by Governor
SB1009 Dunnavant Telemedicine, practice of; prescribing controlled substances. Signed by Governor
SB1027 Marsden Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. Passed House and Senate – On Governor’s Desk
SB1031 Marsden Naloxone or other opioid antagonist; possession and administration. Signed by Governor
SB1043 Dance Joint Commission on Health Care; sunset. Passed House and Senate
SB1046 Stanley Board of Medicine; requirements for licensure. Signed by Governor
SB1086 Wexton In utero exposure to a controlled substance; departments of social services to collect information. Passed House and Senate – On Governor’s Desk
SB1178 Chafin Buprenorphine without naloxone; prescription limitation. Dead
SB1180 Chafin Opioids and buprenorphine; Boards of Dentistry and Medicine to adopt regulations for prescribing. In Conference
SB1220 Barker Telemedicine, practice of; prescribing controlled substances. Dead
SB1230 Dunnavant Opiate prescriptions; electronic prescriptions. Passed House and Senate – On Governor’s Desk
SB1232 Dunnavant  Opioids; limit on amount prescribed, extends sunset provision. Passed House and Senate, Amended by the Governor (Amendments must be agreed to)
SB1298 Vogel Marijuana; possession or distribution for medical purposes, affirmative defense for treatment. Dead
SB1301 Vogel Health insurance; balance billing. Dead
SB1327 Carrico Doctors; licensure of medical science. Dead
SB1452 Lucas Marijuana; possession or distribution for medical purposes. Dead

If you have any questions/comments, please feel free to reach out to Katie Payne: 804-420-6492 or [email protected].