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].