Legislative Update

Drugs & Medication

Bills Committee Last action Date
HB 88 - Hope - Marijuana field test; evidence at trial. (H) Committee for Courts of Justice(H) Assigned Courts sub: Subcommittee #101/16/18
notes: Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.
HB 131 - Bell, John J. - Health insurance; coverage for alternative pain management prescription drugs. (H) Committee on Commerce and Labor(H) Subcommittee recommends continuing to 201901/18/18
notes: Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts, whose policy, contract, or plan includes coverage for prescription drugs, to provide coverage for alternative pain management prescription drugs that are prescribed to a covered individual with an opioid dependence disorder. "Alternative pain management prescription drugs" are defined as either abuse-deterrent opioid analgesic drugs or non-opioid analgesic drugs. Alternative pain management prescription drugs are required to be on a tier that has cost-sharing requirements that do not exceed those of opioid analgesic drugs. The requirement applies to analgesics prescribed in connection with an acute medical condition but not for a chronic medical condition. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2019.
HB 132 - Bell, John J. - Controlled substances containing opioids; limits on prescription. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Prohibits a prescriber providing treatment for a patient in an emergency department of a corporation, facility, or institution licensed to provide health care from prescribing a controlled substance containing an opioid in a quantity greater than a 10-day supply, as determined in accordance with the prescriber's directions for use. The bill also prohibits a pharmacist from dispensing a controlled substance containing an opioid pursuant to a prescription issued by a prescriber providing treatment to a patient in the emergency department of a corporation, facility, or institution licensed to provide health care unless the prescription complies with the requirements of the bill.
HB 137 - Levine - Marijuana; possession or distribution for medical purposes. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice12/19/17
notes: Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.
HB 148 - Rasoul - Prescription Monitoring Program; requirements of prescribers, prescriptions for opioids. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Requires a prescriber to request and review information from the Prescription Monitoring Program prior to issuing a prescription for opioids, including a refill of an existing prescription for opioids. Currently, a prescriber is only required to request information from the Prescription Monitoring Program prior to initiating a new course of treatment that includes the prescribing of opioids anticipated at the onset to last more than seven consecutive days.
HB 155 - McQuinn - Opioids; location of clinics for treatment of addiction. (H) Committee on Health, Welfare and Institutions(H) Read first time01/22/18
notes: Provides that the prohibition on locating clinics for the treatment of persons with opiate addiction through the use of methadone or opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration within one-half mile of a public or private licensed day care center or a public or private K-12 school shall not apply to an applicant for a license to operate in its current location or to relocate an existing facility when the facility is currently located within one-half mile of a public or private licensed day care center or a public or private K-12 school in the City of Richmond, has been licensed and operated as a facility to provide treatment for persons with opiate addiction through the use of methadone or other opioid replacements by another provider immediately prior to submission of the application for a license, and, upon issuance of the license, will be operated by a behavioral health authority.
HB 184 - Hayes - Drug Control Act; dispensing drugs without a prescription. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #101/17/18
notes: Authorizes a pharmacist to dispense up to a five-day supply of a Schedule VI drug to an individual who has been displaced from his residence by a natural or man-made disaster; has had his supply of the drug lost, destroyed, or otherwise rendered unusable as a consequence of the disaster; and is unable to tell the pharmacist the identity of the prescriber or his regular pharmacist or pharmacy. The bill also requires the individual to present evidence sufficient to establish, among other things, that the individual had been in lawful possession of the drug pursuant to a prescription provided to another pharmacist and that his health would be in danger without the benefits of the drug. Before prescribing the drug, the pharmacist is required to determine with a reasonable degree of certainty that the requested drug and dosage level are consistent with the drug and its dosage level that had been prescribed to the individual at the time of his displacement from his residence. During the period for which the drug has been dispensed, the pharmacist is required to diligently attempt to ascertain the identity of the prescriber and the identity of the pharmacist or pharmacy in possession of the prescriber's prescription. Upon obtaining such information, the pharmacist is required to take such additional reasonable action as will permit the individual to obtain a new or renewal prescription and resume obtaining the drug pursuant to his prescription.
HB 185 - Hayes - Health insurance; coverage for limited drug refills. (H) Committee on Commerce and Labor(H) Assigned C & L sub: Subcommittee #101/17/18
notes: Requires health benefit plans to cover a limited refill for up to a five days' supply of a Schedule VI drug that is dispensed by a pharmacist for a covered person whose dispensed drugs are lost, destroyed, or otherwise rendered unusable as a consequence of a natural or man-made disaster that displaces the person from his residence.
HB 234 - Hope - Health insurance; synchronization of medications. (H) Committee on Commerce and Labor(H) Assigned C & L sub: Subcommittee #101/18/18
notes: Requires any health plan providing prescription drug coverage to permit and apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a network pharmacy for a partial supply if the prescribing provider or the pharmacist determines the fill or refill to be in the best interest of the enrollee and the enrollee requests or agrees to a partial supply for the purpose of synchronizing the enrollee's medications. The measure also prohibits such a health plan from denying coverage for the dispensing of a medication that is dispensed by a network pharmacy on the basis that the dispensing is for a partial supply if the prescribing provider or the pharmacist determines the fill or refill is in the best interest of the enrollee and the enrollee requests or agrees to a partial supply for the purpose of synchronizing his medications. The measure requires health plans to allow a pharmacy to override denial codes indicating that a prescription is being refilled too soon for the purpose of synchronizing the enrollee's medications. The measure prohibits health plans from using payment structures incorporating prorated dispensing fees and requires that dispensing fees for partially filled or refilled prescriptions be paid in full for each prescription dispensed regardless of any prorated copay or fee paid for synchronization services.
HB 313 - Head - Prescription Monitoring Program; notification of top prescribers by quantity covered substances. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Provides that the Director of the Department of Health Professions shall annually review data collected by the Prescription Monitoring Program to identify those prescribers who, based on such data, fall within the top 10 percent of prescribers by quantity of covered substances prescribed and shall notify such prescribers thereof.
HB 322 - Bourne - Naloxone or other opioid antagonist; possession & administration. (H) Committee on Health, Welfare and Institutions(H) Read first time01/22/18
notes: Adds employees of the Department of Corrections who are designated as probation and parole officers or correctional officers to the list of individuals who may possess and administer naloxone or other opioid antagonist, provided that they have completed a training program.
HB 333 - Yancey - Prescription Monitoring Program; requirements of prescribers, exceptions. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Provides that a prescriber initiating a new course of treatment to a human patient that includes the prescribing of opioids, anticipated at the onset of treatment to last more than seven consecutive days, shall not be required to request information about the patient from the Prescription Monitoring Program if the purpose of the prescription is the management of pain associated with cancer.
HB 374 - Yancey - Controlled substances; exposure, bodily injury to law-enforcement officers, etc., penalty. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/05/18
notes: Provides that if a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel is exposed to a controlled substance while engaged in the performance of his official duties and such exposure causes bodily injury, the person who knowingly or intentionally possessed such controlled substance is guilty of a Class 6 felony. This provision also applies to exposure to a controlled substance by a police animal performing its lawful duties or being kept in a kennel, pen, or stable while off duty.
HB 386 - Davis - Health insurance; step therapy protocols. (H) Committee on Commerce and Labor(H) Assigned C & L sub: Subcommittee #101/18/18
notes: Requires carriers issuing health benefit plans to utilize certain clinical review criteria to establish step therapy protocols. The measure establishes clinical review criteria used to establish such protocols and requires carriers to establish a process by which a patient or provider may seek a step therapy override exception determination. The provisions of the measure shall apply to any health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2019.
HB 424 - Levine - Animal shelters; administration of Schedule VI biological products. (H) Committee on Agriculture, Chesapeake and Natural Resources(H) Assigned ACNRsub: Subcommittee #101/15/18
notes: Provides that a public or private animal shelter may purchase, possess, and administer certain Schedule VI biological products for the purpose of preventing, controlling, and treating certain communicable diseases that failure to control would result in transmission to the animal population in the shelter and may administer such biological products only pursuant to written protocols.
HB 452 - Yancey - Prescription Monitoring Program; requirements of prescribers, exceptions. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/16/18
notes: Provides that a prescriber initiating a new course of treatment to a human patient that includes the prescribing of opioids, anticipated at the onset of treatment to last more than seven consecutive days, shall not be required to request information about the patient from the Prescription Monitoring Program if the purpose of the prescription is the management of pain associated with fibromyalgia, provided that management of the patient's pain through means other than the prescription of opioids has been unsuccessful.
HB 458 - Filler-Corn - CBD oil and THC-A oil; certification for use, dispensing. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/07/18
notes: Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. The bill increases the supply of CBD oil or THC-A oil a pharmaceutical processor may dispense from a 30-day supply to a 90-day supply. The bill reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil, respectively. The bill provides that any agent or employee of a pharmaceutical processor is authorized to deliver CBD oil or THC-A oil. Finally, the bill provides that no agent or employee of a pharmaceutical processor can be prosecuted for the possession or manufacture of marijuana or the possession, manufacture, or distribution of CBD oil or THC-A oil if such agent or employee is acting in accordance with certain statutes and regulations. Under current law, such agents and employees may be prosecuted but it is considered an affirmative defense if such agents or employees act in accordance with such statutes and regulations.
HB 479 - McQuinn - Barrier crimes; adult substance abuse and mental health treatment providers. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Provides that a substance abuse or mental health treatment provider licensed by the Department of Behavioral Health and Developmental Services or a community services board or behavioral health authority may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of any barrier crime, provided that the criminal behavior was substantially related to the person's substance abuse or mental illness and the person has been successfully rehabilitated and is not a risk to individuals receiving services.
HB 501 - Hodges - Home hospice programs; disposal of drugs. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/08/18
notes: Provides that the Board of Health, in consultation with the Board of Pharmacy, shall promulgate regulations requiring a hospice program to establish a process for mitigating the risk of diversion of drugs dispensed to a hospice patient residing at home and for disposition of any unneeded dispensed drugs by an employee of the hospice program in a manner that is witnessed by the patient, patient's family member, or another employee of the hospice program and documented.
HB 503 - Mullin - Prescription Monitoring Program; disclosure of information, fitness to work evaluations. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/15/18
notes: Adds the following individuals to the list of individuals to whom the Director of the Department of Health Professions (the Director) may disclose information about a specific recipient contained in the Prescription Monitoring Program: (i) a physician licensed in the Commonwealth or another state who is performing an evaluation of the recipient's fitness for work or to return to work in a safety-sensitive position, as defined by the recipient's employer, at the request of the recipient's employer and (ii) a physician licensed in the Commonwealth or another state who is performing an evaluation of the recipient's fitness for work at a place of employment with a written drug-free workplace policy following an offer of employment but prior to hiring the recipient, upon request of the employer and when the request is consistent with the employer's written drug-free workplace policy. In both cases, the bill requires that the information be requested and released only for the purpose of establishing the recipient's treatment history and that notice be made, in a manner specified by the Director in regulation, to the recipient that information from the Prescription Monitoring Program may be requested and received by the physician performing the fitness for work or return to work evaluation.
HB 520 - Hodges - Nonresident warehousers and nonresident third-party logistics providers; Board of Pharmacy. (H) Committee on Health, Welfare and Institutions(H) Read first time01/22/18
notes: Requires warehouser or third-party logistics providers that are located outside the Commonwealth and that ship prescription drugs or devices into the Commonwealth to register with the Board of Pharmacy. The bill requires such nonresident warehousers and nonresident third-party logistics providers to maintain a license, permit, or registration in the resident state and to retain records in a certain manner. The bill authorizes the Board of Pharmacy to promulgate regulations related to the storage, handling, and distribution of prescription drugs or devices by nonresident warehousers and nonresident third-party logistics providers.
HB 572 - Hodges - Pharmacy contracts; disclosures by pharmacists. (H) Committee on Commerce and Labor(H) Referred to Committee on Commerce and Labor01/08/18
notes: Requires contracts between a carrier and its intermediary regarding the provision of pharmacy services by participating pharmacy providers and any provider contract between a carrier and a participating pharmacy provider or its contracting agent to contain specific provisions that prohibit the carrier or intermediary from restricting a participating pharmacy provider's disclosure of any relevant information to an individual purchasing a prescribed drug. Information that a pharmacist is allowed to disclose to an individual includes the cost to the provider of the prescribed drug, actual reimbursement to the provider for the prescribed drug, efficacy of the prescribed drug, and the availability of a therapeutically equivalent drug that is less expensive for the patient than the prescribed drug. Such contracts are also required to contain provisions that prohibit the carrier or intermediary from terminating the contractual relationship with a participating pharmacy provider due to the provider's making such a disclosure.
HB 607 - Carr - Recovery community organization pilot program; DBHDS to evaluate. (H) Committee on Health, Welfare and Institutions(H) Subcommittee recommends referring to Committee on Appropriations01/18/18
notes: Directs the Department of Behavioral Health and Developmental Services to implement a pilot program to evaluate the recovery community organization model of substance abuse treatment.
HB 933 - Hope - Mandatory outpatient treatment; extends time period for adults and juveniles. (H) Committee for Courts of Justice(H) Assigned Courts sub: Subcommittee #201/16/18
notes: Extends the time period for mandatory outpatient treatment for adults and juveniles from 90 days to 180 days.
HB 1172 - Pillion - State Overdose Death Review Process Team; created, report, local and regional teams. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/18/18
notes: Establishes the State Overdose Death Review Process Team to develop and implement processes to ensure that overdose deaths occurring in the Commonwealth are reviewed in a systematic way. The bill also authorizes the establishment of local or regional overdose death review process teams for the purpose of conducting contemporaneous reviews of local overdose deaths in order to develop interventions and strategies for prevention specific to the locality or region.
HB 1173 - Pillion - Controlled substances; limits on prescriptions containing opioids. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/18/18
notes: Eliminates the surgical or invasive procedure treatment exception to the requirement that a prescriber request certain information from the Prescription Monitoring Program (PMP) when initiating a new course of treatment that includes prescribing opioids for a human patient to last more than seven days. Under current law, a prescriber is not required to request certain information from the PMP for opioid prescriptions of up to 14 days to a patient as part of treatment for a surgical or invasive procedure. The provisions of the bill will expire on July 1, 2022.
HB 1175 - Pillion - Prescribers; notice of administration of naloxone. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #101/18/18
notes: Requires every hospital that operates an emergency department to develop and implement a protocol for (i) identifying every prescriber who has prescribed opioids to a patient to whom naloxone is administered for the purpose of reversing an opioid overdose in the emergency department or by emergency medical services personnel or a law-enforcement officer prior to admission to the emergency department and (ii) notifying each such prescriber that the patient has been treated with naloxone for the purpose of reversing an opioid overdose. Such notification shall be made in each case in which naloxone is administered for the purpose of reversing an opioid overdose by a health care provider in a hospital emergency department, emergency medical services personnel, or a law-enforcement officer to a patient to whom opioids have been prescribed by a prescriber.
HB 1177 - Pillion - Health insurance; covered services provided pharmacies and pharmacists. (H) Committee on Commerce and Labor(H) Referred to Committee on Commerce and Labor01/18/18
notes: Prohibits a pharmacy benefits manager from (i) prohibiting a pharmacist or pharmacy from providing an enrollee individual information on the amount of the enrollee's cost share for the enrollee's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available; (ii) prohibiting a pharmacist or pharmacy from offering and providing store direct delivery services to an enrollee as an ancillary service of the pharmacy; (iii) charging or collecting from an enrollee a cost sharing payment that exceeds the total submitted charges by the pharmacy for which the pharmacy is paid; (iv) charging or holding a pharmacist or pharmacy responsible for a fee relating to the adjudication of a claim; (v) recouping funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with applicable law; and (vi) penalizing or retaliating against a pharmacist or pharmacy for exercising its rights. The measure prohibits provider contracts from including provisions that bar pharmacists from discussing lower-cost alternative drugs with consumers and selling lower-cost alternative drugs to consumers or using contract terms to prevent pharmacies from providing store direct delivery services. The measure applies to any provider contract entered into, renewed, or amended on or after October 1, 2018.
HB 1194 - Garrett - Schedule I controlled substances; adds various drugs to list. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/10/18
notes: Adds drugs to the list of Schedule I controlled substances.
HB 1222 - Boysko - Controlled paraphernalia; dispensing or distributing. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/18/18
notes: Provides that 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 services to individuals at risk of experiencing an 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 may dispense or distribute hypodermic needles and syringes in conjunction with such dispensing of naloxone and that a person to whom naloxone has been distributed by such individual may possess hypodermic needles and syringes in conjunction with such possession of naloxone. This bill includes an emergency clause.
HB 1251 - Cline - CBD oil and THC-A oil; certification for use, dispensing. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/18/18
notes: Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.
HB 1295 - Rasoul - Prescription Monitoring Program; disclosure of information; public institution of higher education. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/18/18
notes: Allows the Director of the Department of Health Professions to disclose certain information included in the Prescription Monitoring Program to a public institution of higher education for the purpose of bona fide research or education.
HB 1302 - Byron - Health insurance; copayments for prescription drugs; disclosures. (H) Committee on Commerce and Labor(H) Referred to Committee on Commerce and Labor01/10/18
notes: Prohibits any contract between a health carrier or its pharmacy benefits manager and a pharmacy or pharmacist from containing a provision that requires an enrollee to make a copayment for a covered prescription drug in an amount that exceeds the least of (i) the applicable copayment for the prescription drug or (ii) the cash price the enrollee would pay for the prescription drug if the enrollee purchased the prescription drug without using the enrollee's health plan. The measure applies to provider contracts entered into, amended, extended, or renewed on or after January 1, 2019.
HB 1303 - Garrett - Prescribing controlled substances; veterinarian-client-patient relationship. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #101/19/18
notes: Provides that a veterinarian shall not prescribe medication unless a bona fide veterinarian-client-patient relationship exists and establishes the requirements for a bona fide veterinarian-client-patient relationship.
HB 1347 - Webert - Controlled substances; Reporting overdoses. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/19/18
notes: Requires the Office of the Chief Medical Examiner, state and local law-enforcement agencies, emergency medical services agencies, and hospitals to report information about overdoses of controlled substances within 120 hours of receiving such information to the Office of the Secretary of Health and Human Resources and for the Secretary to make such information available to public health, law-enforcement, and emergency medical service agencies and fire departments and companies within 120 hours of receiving the information. The bill also requires the Secretary to report this information quarterly to the Governor and for such report to be made available to all public health, law-enforcement, and emergency medical services agencies in the Commonwealth. The bill is a recommendation of the Joint Commission on Health.
HB 1401 - Herring - Administration of naloxone; correctional and probation officers. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/15/18
notes: Adds correctional officers and probation officers who have completed a training program to the list of individuals who may possess and administer naloxone.
HB 1436 - Hurst - Prescription drug price transparency. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/16/18
notes: Requires every manufacturer of a prescription drug that is made available in the Commonwealth and has a wholesale acquisition price of $10,000 or more for a single course of treatment to report to the State Health Commissioner no later than July 1 of each year information related to the cost of developing, manufacturing, and marketing the prescription drug; any changes in the average wholesale price and average wholesale acquisition cost of the prescription drug; the amount of profits derived from sale of the prescription drug; and the total amount of financial assistance provided to consumers of the prescription drug. The bill adds this reported data to the list of reports that the Commissioner causes to be published on a website maintained by a nonprofit entity with which the Commissioner has entered into a contract for such purpose and requires the Commissioner to annually report on such information, in aggregate form, to the Chairmen of the House Committees on Appropriations and on Health, Welfare and Institutions and the Senate Committees on Finance and on Education and Health. The measure has a delayed effective date of January 1, 2019.
HB 1532 - Herring - Health education; prescription drugs. (H) Committee on Education(H) Referred to Committee on Education01/19/18
notes: Requires the health education program required for each public elementary and secondary school student to include an age-appropriate program of instruction on the safe use of and risks of abuse of prescription drugs that is consistent with curriculum guidelines developed by the Board of Education and approved by the State Board of Health. The bill requires the Board of Education to model such curriculum guidelines after the curriculum adopted by the School Board of the City of Virginia Beach regarding drugs and the opioid crisis.
HB 1556 - Pillion - Prescription Monitoring Program; adds controlled substances included in Schedule Vaud naloxone. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/19/18
notes: Adds controlled substances included in Schedule V for which a prescription is required and naloxone to the list of covered substances the dispensing of which must be reported to the Prescription Monitoring Program.
HJ 114 - Hugo - Drug-free Pain Management Awareness Month; designating as September, 2018 and each succeeding year. (H) Committee on Rules(H) Assigned Rules sub: Subcommittee #201/19/18
notes: Designates September, in 2018 and in each succeeding year, as Drug-free Pain Management Awareness Month in Virginia.
SB 23 - Spruill - Health insurance; coverage for limited drug refills. (S) Committee on Commerce and Labor(S) Referred to Committee on Commerce and Labor11/20/17
notes: Requires health benefit plans to cover a limited refill for up to a five days' supply of a Schedule VI drug that is dispensed by a pharmacist for a covered person whose dispensed drugs are lost, destroyed, or otherwise rendered unusable as a consequence of a natural or man-made disaster that displaces the person from his residence.
SB 110 - Howell - Marijuana field test; evidence at trial. (S) Committee for Courts of Justice(S) Referred to Committee for Courts of Justice12/14/17
notes: Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.
SB 111 - Ebbin - Marijuana; decriminalization of simple possession, civil penalty. (S) Committee for Courts of Justice(S) Referred to Committee for Courts of Justice12/15/17
notes: Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.
SB 120 - Favola - Virginia Institutions of Higher Education Substance Use Advisory Committee; established. (S) Committee on Finance(S) Rereferred to Finance01/12/18
notes: Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority (Board) to establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee (Advisory Committee). The bill provides that the goal of the Advisory Committee shall be to develop and update a statewide strategic plan for substance use education, prevention, and intervention at Virginia's public and private institutions of higher education. The bill provides that the Advisory Committee shall consist of representatives from Virginia's public and private institutions of higher education, including students and directors of student health, and such other members as the Board may deem appropriate.
SB 146 - Edwards - Children's Ombudsman, Office of the; created. (S) Committee on General Laws and Technology(S) Referred to Committee on General Laws and Technology12/28/17
notes: Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and information for children, parents, and citizens involved with child-serving agencies, defined in the bill. The bill provides for the Office of the Governor to conduct a needs assessment with the Department of General Services to provide for the office space needs of the Office of the Children's Ombudsman.
SB 223 - Edwards - Prescription drugs; price gouging prohibited. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/16/18
notes: Prohibits unconscionable price increases in the price of essential off-patent or generic drugs, authorizes the Secretary of Health and Human Resources to designate drugs as essential drugs, and establishes an enforcement mechanism.
SB 293 - McClellan - Controlled substances and devices, certain; dispensing. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/16/18
notes: Authorizes a prescriber to dispense controlled substances and devices without obtaining a license from the Board of Pharmacy, provided that such controlled substances and devices have been prescribed for the purposes of reproductive health and are dispensed in good faith within the course of his professional practice. The bill provides that facilities from which prescribers dispense only such controlled substances and devices are not required to obtain a permit from the Board. The bill requires the Board to establish a list of controlled substances and devices that may be so dispensed that includes controlled substances and devices used for contraception, maternal health, hormone replacement therapy, and sexually transmitted and reproductive tract infections.
SB 329 - Dunnavant - Opioids; location of clinics for treatment of addiction. (S) Committee on Education and Health(S) Assigned Education sub: Health01/16/18
notes: Provides that the prohibition on locating clinics for the treatment of persons with opiate addiction through the use of methadone or opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration within one-half mile of a public or private licensed day care center or a public or private K-12 school shall not apply to an applicant for a license to operate in its current location or to relocate an existing facility when the facility is currently located within one-half mile of a public or private licensed day care center or a public or private K-12 school in the City of Richmond, has been licensed and operated as a facility to provide treatment for persons with opiate addiction through the use of methadone or other opioid replacements by another provider immediately prior to submission of the application for a license, and, upon issuance of the license, will be operated by a behavioral health authori
SB 330 - Dunnavant - THC-A oil; dispensing, tetrahydrocannabinol levels. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Referred to Committee on Health, Welfare and Institutions01/23/18
notes: Requires the Board of Pharmacy to promulgate regulations that (i) ensure the percentage of tetrahydrocannabinol in dispensed THC-A oil is within 10 percent of the level of tetrahydrocannabinol measured for labeling and (ii) require stability testing of any pharmaceutical processor producing THC-A oil.
SB 370 - Newman - Prescription drugs; delivery of orders. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/16/18
notes: Provides that whenever any pharmacy delivers a prescription drug order for which refrigeration is required by mail, common carrier, or delivery service, when the drug order is not personally hand delivered directly, to the patient or his agent at the person's residence or other designated location, the shipment shall include a means for the (i) detection of temperature variations that may cause chemical degradation of the drugs and (ii) notification of the patient of the variation.
SB 399 - Lewis - Drug overdose fatality review teams, local or regional; localities to establish. (S) Committee on Education and Health(S) Assigned Education sub: Health01/22/18
notes: Authorizes any county or city, or any combination of counties, cities, or counties and cities, to establish a local or regional drug overdose fatality review team for the purpose of (i) conducting contemporaneous reviews of local drug overdose deaths, (ii) promoting cooperation and coordination among agencies involved in investigations of drug overdose deaths or in providing services to surviving family members, (iii) developing an understanding of the causes and incidence of drug overdose deaths in the locality, (iv) developing plans for and recommending changes within the agencies represented on the local team to prevent drug overdose deaths, and (v) advising the Department of Health and other relevant state agencies on changes to law, policy, or practice to prevent overdose deaths. The bill authorizes a local or regional team to review the death of any person who resides in the Commonwealth and whose death was or is suspected to be due to drug overdose. A violation of the confidentiality of the review process is punishable as a Class 3 misdemeanor.
SB 436 - Wexton - Schedule I drugs; classification for fentanyl derivatives. (S) Committee on Education and Health(S) Referred to Committee on Education and Health01/09/18
notes: Adds to Schedule I of the Drug Control Act a classification for fentanyl derivatives.
SB 459 - Edwards - Governor's Secretaries; reporting substance abuse data and information. (S) Committee on General Laws and Technology(S) Referred to Committee on General Laws and Technology01/09/18
notes: Requires every Secretary to identify an agency within his secretariat to receive such data and information related to substance abuse as the Secretary may specify and requires every agency in a secretariat to report such data and information to the identified agency.
SB 632 - Dunnavant - Controlled substances; limits on prescriptions containing opioids. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/22/18
notes: Eliminates the surgical or invasive procedure treatment exception to the requirement that a prescriber request certain information from the Prescription Monitoring Program (PMP) when initiating a new course of treatment that includes prescribing opioids for a human patient to last more than seven days. Under current law, a prescriber is not required to request certain information from the PMP for opioid prescriptions of up to 14 days to a patient as part of treatment for a surgical or invasive procedure. The provisions of the bill will expire on July 1, 2022.
SB 635 - Dunnavant - Prescribers; notice of administration of naloxone. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/22/18
notes: Requires every hospital that operates an emergency department to develop and implement a protocol for (i) identifying every prescriber who has prescribed opioids to a patient to whom naloxone is administered for the purpose of reversing an opioid overdose in the emergency department or by emergency medical services personnel or a law-enforcement officer prior to admission to the emergency department and (ii) notifying each such prescriber that the patient has been treated with naloxone for the purpose of reversing an opioid overdose. Such notification shall be made in each case in which naloxone is administered for the purpose of reversing an opioid overdose by a health care provider in a hospital emergency department, emergency medical services personnel, or a law-enforcement officer to a patient to whom opioids have been prescribed by a prescriber.
SB 719 - Dunnavant - Data sharing; substance abuse data. (S) Committee on General Laws and Technology(S) Referred to Committee on General Laws and Technology01/10/18
notes: Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.

The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.

The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.
SB 726 - Dunnavant - CBD oil and THC-A oil; certification for use, dispensing. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/22/18
notes: Provides that a practitioner may issue a written certification for the use of cannabidiol oil or THC-A oil for the treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. Under current law, a practitioner may only issue such certification for the treatment or to alleviate the symptoms of intractable epilepsy. This bill is a recommendation of the Joint Commission on Health Care.
SB 728 - Dunnavant - Prescription Monitoring Program; prescriber and dispenser patterns. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/22/18
notes: Requires the Director of the Department of Health Professions to annually review controlled substance prescribing and dispensing patterns. The bill requires the Director to conduct such review in consultation with an advisory panel consisting of representatives from the relevant health regulatory boards, the Department of Health, the Department of Medical Assistance Services, and the Department of Behavioral Health and Developmental Services. The bill requires the Director to make any necessary changes to the criteria for unusual patterns of prescribing and dispensing and report any findings and recommendations for best practices to the Joint Commission on Health Care by November 1 of each year.
SB 735 - Dunnavant - Prescription Monitoring Program; disclosure of information; Department of Medical Assistance. (S) Committee on Education and Health(S) Assigned Education sub: Health Professions01/22/18
notes: Allows the Director of the Department of Health Professions to disclose information about a specific recipient of covered substances who is a recipient of medical assistance services to a physician or pharmacist licensed in the Commonwealth or his designee who holds a multistate licensure privilege to practice nursing or a license issued by a health regulatory board within the Department of Health Professions and is employed by the Department of Medical Assistance Services, for the purpose of determining eligibility for and managing the care of the recipient in a Patient Utilization Management Safety or similar program.
SB 757 - Sturtevant - Certificate of public need; psychiatric beds and services. (S) Committee on Education and Health(S) Referred to Committee on Education and Health01/10/18
notes: Repeals the requirement for a certificate of public need for certain projects involving mental hospitals or psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse. The bill creates a new permitting process for such projects, exempted from the certificate of public need process, that requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
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