ACNM Va Affiliate Support for the following bills: 01/25/16

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HB 330 - Pogge - Clinical nurse specialists; Board of Nursing may register applicant. Passed full committee uncontested.

HB 580 - Robinson - Nurses; adds definition of "advanced practice registered nurse," etc. Defines NPs, CNMs, and CRNAs as APRNs. Also removes collaborative practice agreement requirement for CRNAs (they are still supervised). Passed full committee uncontested.

HB 581 - Robinson - Nurse practitioners; practicing outside of a patient care team. Administration bill. Transition to Practice (2000 hours) in underserved areas and free clinics.

HB 909 - Minchew - Nurse practitioners; practicing outside of a patient care team. Full practice authority in underserved areas.

SB 264 - Dance - Nurse practitioners; practicing outside of a patient care team. Administration bill. Transition to Practice (2000 hours) in underserved areas and free clinics.

SB 369 - Stanley - Nurse practitioners; practicing outside of a patient care team. Full practice authority in underserved areas.

SB 463 - Carrico - Nurse practitioners; licensed as certified nurse midwives. Full practice authority for CNMs.

SB 620 - Stanley - Nurse practitioners; eliminates requirement that they practice as part of patient care team. Full practice authority and changes composition of Joint Boards.

HB 139 - McQuinn - Virginia Human Rights Act; pregnancy, childbirth, or related medical conditions, causes of action. Provides that no employer may discharge any employee on the basis of pregnancy, childbirth, or related medical conditions, including lactation. Currently, the protection against discrimination on the basis of pregnancy, childbirth, or related medical conditions applies to an employer employing more than five but fewer than 15 persons. Recommend ACNM Support

SB 212 - Dunnavant - Health regulatory boards; membership and terms. Amends statutes governing membership and terms of various health regulatory boards. The bill (i) provides that members appointed by the Governor to serve on the Board of Health Professions for four-year terms under current law shall serve such terms or terms concurrent with their terms as members of health regulatory boards, whichever is less; (ii) increases the membership of the Health Practitioners' Monitoring Program Committee from seven to nine members by increasing the number of licensed, certified, or registered practitioners from seven to eight members and adding a citizen member; (iii) increases the membership of the Board of Dentistry from 10 to 11 members by increasing the number of citizen members from one to two; (iv) increases the membership of the Board of Nursing from 13 to 14 members by increasing the required number of registered nurses from seven to eight members and also increasing the number of such registered nurses who must be licensed nurse practitioners from one to two; and (v) reduces the total number of members of the Board of Counseling from 14 to 12 by reducing the number of licensed substance abuse treatment practitioners from three to one. In addition, the bill replaces the requirement that three members of the Board of Counseling be clinical fellows of the American Association of Marriage and Family Therapy with a requirement that three members be licensed marriage and family therapists and removes the requirement that at least two members representing each specialty on the Board of Counseling shall have been in active practice for a least four years. Recommend ACNM Support

SB 265 - Dance - Nurse Licensure Compact; current compact replaced with a revised version. The current Nurse Licensure Compact is a multistate nursing compact that provides the structure for the reciprocal recognition of other states' licenses to practice as a registered nurse or a licensed practical nurse. The revised compact, among other changes, adds recognition of other states' licenses to practice as a licensed vocational nurse. The bill becomes effective upon adoption of the Nurse Licensure Compact by 26 states or on December 31, 2018, whichever comes first. The bill repeals the current Nurse Licensure Compact (Article 6 of Chapter 30 of Title 54.1) effective on the date the new compact becomes effective. The bill also provides that the Virginia Nurses association may request that the General Assembly reconsider the Nurse Licensure Compact if its constituency becomes dissatisfied with the Compact's provisions: ACNM will support

Substance Abuse/PMP

Recommend that ACNM Support MSV’s Identified Bills

HB 290 - Herring - Prescription Monitoring Program; indicators of misuse, disclosure of information. Directs the Director of the Department of Health Professions to develop criteria for indicators of unusual patterns of prescribing or dispensing of covered substances by prescribers or dispensers and authorizes the Director to disclose information about the unusual prescriber or dispensing of a covered substance by an individual prescriber or dispenser to (i) the Enforcement Division of the Department of Health Professions or (ii) an agent who has completed the Virginia State Police Drug Diversion School designated by the Superintendent of the Department of State Police or designated by the chief law-enforcement officer of any county, city, or town or campus police department for the purpose of an investigation into possible drug diversion. MSV Supports

HB 293 - Herring - Prescription Monitoring Program; requirements of prescribers of benzodiazepine or opiates. Creates an exemption from the requirement that a prescriber check the Prescription Monitoring Program for cases in which (i) a benzodiazepine or opiate is prescribed to a patient currently receiving hospice or palliative care; (ii) benzodiazepine or opiate is prescribed to a patient as part of treatment for a surgical procedure, provided that such prescription is not refillable; or (iii) the Prescription Monitoring Program is not operational or available due to temporary technological or electrical failure or natural disaster. MSV Supports

HB 657 - O'Bannon - Prescription Monitoring Program; indicators of misuse, disclosure of information. Directs the Director of the Department of Health Professions to develop criteria for indicators of unusual patterns of prescribing or dispensing of covered substances by prescribers or dispensers and authorizes the Director to disclose information about the unusual prescribing or dispensing of a covered substance by an individual prescriber or dispenser to the Enforcement Division of the Department of Health Professions. MSV Supports

HB 829 - Stolle - Prescribers of covered substances; continuing education. Authorizes the Director of the Department of Health Professions to disclose information to the Board of Medicine about prescribers who meet a certain threshold for prescribing covered substance for the purpose of requiring relevant continuing education. The threshold shall be determined by the Board of Medicine in consultation with the Prescription Monitoring Program. The bill also directs the Board of Medicine to require prescribers identified by the Director of the Department of Health Professions to complete two hours of continuing education in each biennium on topics related to pain management, the responsible prescribing of covered substances, and the diagnosis and management of addiction. Prescribers required to complete continuing education shall be notified of such requirement no later than January 1 of each odd-numbered year. MSV Supports

SB 513 - Dunnavant - Prescription Monitoring Program; requirements of prescribers of benzodiazepine or opiates. Changes the time at which a prescriber prescribing benzodiazepine or opiates must request information from the Prescription Monitoring Program from the time the course of treatment is initiated to prior to prescribing the benzodiazepine or opiate and requires a prescriber whose prescribing of benzodiazepine or an opiate continues for more than 90 days after the date of the initial prescription to request information about the recipient from the Director of the Department of Health Professions at least once every 90 days until the course of treatment has ended. The bill creates an exemption from these requirements if (i) benzodiazepine or opiate is prescribed to a patient currently receiving hospice or palliative care; (ii) benzodiazepine or opiate is prescribed to a patient as part of treatment for a surgical procedure, provided that such prescription is not refillable; or (iii) the Prescription Monitoring Program is not operational or available due to temporary technological or electrical failure or natural disaster. The bill eliminates an exception for cases in which the prescriber prescribes benzodiazepines or opiates that have been identified by the Secretary of Health and Human Resources as having a low potential for abuse by human patients. This bill includes a sunset of July 1, 2019. MSV Supports

Domestic Violence

All bills below part of House Republicans’ “Preventing & Combatting Domestic Violence” Legislative Agenda.
Majority of agenda is focused on criminal law, however, there are two firearm related bills.

HB 609 - Bell, Robert B. - Protective orders; assault and battery; penalty. Provides that a person who is the subject of a protective order who commits an assault and battery resulting in bodily injury on the person protected by the order is guilty of a Class 6 felony. Recommend ACNM Support

HB 610 - Bell, Robert B. - Violations of Protective orders; penalty. Provides that any person who commits any assault or bodily wounding upon or stalks any party protected by a protective order is guilty of a Class 6 felony. Recommend ACNM Support

HB 752 - Bell, Robert B. - Stalking; penalty. Provides that contacting or following or attempting to contact or follow the person at whom stalking conduct is directed after being given actual notice that the person does not want to be contacted or followed, is evidence that the person intended to place the other person in fear. Recommend ACNM Support

HB 754 - Bell, Robert B. - Domestic violence-related misdemeanors; enhanced penalty. Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged had been previously convicted of any of these offenses against the same person. Recommend ACNM Support

HB 765 - Gilbert - Assault and battery against a family or household member; first offense, enhanced penalties. Provides that the deferral and dismissal of a first offense of assault and battery against a family or household member will be treated as a prior conviction for the purpose of determining whether a person is eligible for the enhanced Class 6 felony penalties for stalking or assault and battery. Recommend ACNM Support

HB 767 - Gilbert - Assault and battery against a family or household member; eliminates deferral and dismissal. Eliminates a court's authority to defer and dismiss criminal proceedings against a person charged with a first offense of assault and battery against a family or household member. Recommend ACNM Support

HB 886 - Albo - Stalking; second offense, penalty. Provides that a second offense of stalking committed within five years of a prior stalking conviction is punishable as a Class 6 felony. Under current law, a second offense of stalking only qualifies for the Class 6 penalty if the person convicted had also been convicted of certain offenses involving assaults or bodily woundings or of violating a protective order. Recommend ACNM Support

HB 1087 - Gilbert - Protective order; violation of order possession of a firearm or other deadly weapon, penalty. Provides that any person who violates a protective order while possessing a firearm or deadly weapon is guilty of a Class 6 felony. Recommend ACNM Support

Contraceptives:

HB 592 - Hope - Health insurance; dispensing of generic prescription oral contraceptives. Requires insurers to cover a 12-month supply of birth control. Recommend ACNM Support

SB 404 - Locke - Medical assistance; health insurance, payment for prescription contraceptives. Requires DMAS and private insurers to cover a 12-month supply of birth control. Recommend ACNM Support

Other:

HB 159 - Orrock - License plates, special; issuance for supporters of congenital heart defect awareness.

No position for the following bills:

HB 278 - Miyares - Prescription of opioids and benzodiazepines; urine drug screening. MSV Opposes

-Need further information: why does MSV oppose?

HB 1044 - Landes - Prescription Monitoring Program; disclosure of certain information. MSV Opposes

SB 491 - Hanger - Prescription Monitoring Program; disclosures. MSV Opposes

HB 768 - Gilbert - Victims of domestic violence, etc.; firearms safety or training course. Provides that the DCJS may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. Recommend NO position

HB 766 - Gilbert - Concealed handguns; carrying with a valid protective order. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. Recommend NO position

Health Professions

SB 328 - Favola - Nurse aide education programs; observational and reporting techniques to be included in curriculum.

SB 394 - Alexander - Health care; plan to increase transparency in delivery, etc. Directs the Secretary of Health and Human Resources to develop a plan to increase transparency in the administration and delivery of health care by agencies of the Commonwealth or health care providers who have entered into an agreement or contract with an agency of the Commonwealth.

SB 399 - Dunnavant - Practitioners of healing arts; temporary authorization to practice. Replaces the requirement for a temporary license or certification to practice medicine or the duties of a profession in the Commonwealth on a temporary basis with the requirement for authorization to so practice. The bill eliminates the requirement that the Board of Medicine promulgate regulations governing approval of the credentials of practitioners authorized to practice temporarily in the Commonwealth and the form of such authorizations.

SB 452 - Stanley - Medical school; clinical rotation requirements. Requires any public institution of higher education that awards medical degrees to require its medical students to participate in at least one clinical rotation in a hospital or clinic located in a medically underserved area of the state as determined by the Virginia Department of Health, in an area of the state that has an unemployment rate of one and one-half times the statewide average unemployment rate, or in a locality with a population of 50,000 or less in the Commonwealth. Notes: Understand the VCU Health System has had significant changes made to this bill and it the new version will have little impact.

SB 551 - Cosgrove - Physician assistants; unlawful use of title. Provides that it is unlawful for a person to use in connection with his name the words or letters "Physician Assistant" or "PA" unless he is a licensed physician assistant. The bill eliminates the successful completion of a physician assistant program or surgical physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant as a requirement for licensure as a physician assistant; passage of a national certifying examination and documentation of good standing are still required for licensure. The bill requires a physician assistant to enter into a written or electronic practice agreement with at least one supervising physician or podiatrist, to maintain evidence of such agreement, and to provide it to the Board upon request. The bill contains technical amendments

Others:

HB 627 - Krizek - Vapor products; establishing state and local taxes. Creates a state tax on vapor products, including a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The bill authorizes cities and towns and certain counties to impose a tax on vapor products. The state tax would be imposed at a rate of 15 percent of the manufacturer's sales price of the vapor product. All revenues from the state tax on vapor products would be deposited into the Virginia Health Care Fund, into which all revenues from the state tax on cigarettes are currently deposited.

SB 231 - Miller - Virginia Indoor Clean Air Act; e-cigarettes. Expands the definition of "smoking" in the Virginia Indoor Clean Air Act to include vapor products. Vapor stores are excluded from the scope of Act

ACNM Remains no position or neutral on the following Pro-choice or Pro-Life bills due to membership variation on position:

Abortion - Pro-Choice

HB 43 - Ward - Abortion; removes requirement that a woman undergo ultrasound prior to procedure.

HB 94 - Kory - Abortion; informed written consent.

HB 1225 - Boysko - Essential health benefits; abortion coverage.

SB 53 - Locke - Ultrasound prior to abortion.

SB 183 - McEachin - Health insurance; removes prohibition on provision of abortion coverage.

SB 648 - Favola - Abortion; informed written consent.

Abortion - Pro-Life

HB 556 - LaRock - Abuse and neglect of children; a child includes a viable fetus.

HB 963 - LaRock - Pain-Capable Unborn Child Protection Act; created, penalty.

HB 1090 - Cline - Health, Department of; expenditure of funds related to abortions and family planning services.

HJ 29 - Marshall, R.G. - Beginning of life; life of human person commences at conception etc.

HR 19 - Marshall, R.G. - Beginning of life; life of human person commences at conception etc.

All others

Need further information to support:

Certificate of Public Need Reform

Recommend general ACNM support of COPN reform. Monitoring all bills.

HB 59 - Byron - Certificate of public need; definition of medical care facility.

HB 193 - O'Bannon - Certificates of public need; creates three-phase process to sunset requirements for medical care.

HB 348 - Byron - Certificate of public need; exception for certain medical care equipment and services. **

HB 349 - Byron - Certificate of public need; removes requirements for certain medical care facilities.