General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Professions and Occupations


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Professions and Occupations

Passed

P HB 1682

Board of Medicine; information to complaining parties. Requires health regulatory boards to provide the source and subject of a complaint or report filed about a person licensed, certified, or registered by a health regulatory board with information about the investigative and disciplinary procedures of the Department of Health Professions. Adds the provision that the relevant board may notify the source of the complaint or report of the process that the board followed in making a determination that a disciplinary proceeding need not be instituted. Provides that information on the date and location of any disciplinary proceeding, allegations against the respondent, and the list of statutes and regulations the respondent is alleged to have violated shall be provided to the source of the complaint or report by the relevant board prior to the proceeding and that the source shall be notified of the disposition of the disciplinary case.
Patron - Callahan

P HB 1798

Department of Professional and Occupational Regulation; boxing and wrestling events; Martial Arts Advisory Board. Creates the Martial Arts Advisory Board as an advisory board to advise the Director of the Department of Professional and Occupational Regulation concerning regulations pertaining to the conduct of any martial arts competition. The bill provides for the membership of this new board, terms of members, compensation, and staff. In addition, the bill includes a second enactment clause providing that its provisions will not become effective unless funds are in the appropriation act to cover its expenses.
Patron - Cosgrove

P HB 1801

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; powers; cease and desist orders; civil penalty. Authorizes the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects to issue cease and desist orders for unlicensed activity. The bill provides for a right of appeal of the Board's issuance of such an order and specifies the civil penalty.
Patron - Cosgrove

P HB 1953

Burial and funeral expenses; preneed contracts. Authorizes an incorporated association that is authorized to sell burial association group life insurance certificates, and that has the principal purpose of assisting its members in financial planning for their funerals and burials and obtaining insurance for the payment for funeral and burial expenses, to serve as the trustee of a trust established to fund a preneed funeral contract. The measure also clarifies the method of calculating the inflation adjustment that is required when a life insurance or annuity contract is used to fund a preneed funeral contract. This bill incorporates HB 2722.
Patron - Morgan

P HB 1963

Prescription of certain controlled substances and devices by licensed physician assistants. Authorizes licensed physician assistants to prescribe Schedule II through VI controlled substances and devices on and after July 1, 2007.
Patron - O'Bannon

P HB 2037

Administration of drugs or devices; addition of medical assistants. Authorizes personnel who have been properly trained to assist a doctor of medicine or osteopathic medicine who are acting pursuant to a specific order for a patient and under a doctor's direct and immediate supervision to administer controlled substances, provided the method does not include intravenous, intrathecal, or epidural administration and the prescriber remains responsible for the administration.
Patron - Hamilton

P HB 2064

Department of Professional and Occupational Regulation; Real Estate Board; educational requirements for salespersons and brokers. Increases from 16 to 24 the number of continuing education hours that must be completed by a broker during a two-year license term. The bill also (i) requires a minimum of three hours of continuing education for salespersons and brokers to be on ethics and standards of conduct, (ii) provides a breakdown of the continuing education curriculum, (iii) changes from two years to one year the time in which a new licensee must complete the Board's 30-hour educational curriculum, and (iv) provides for the Board to develop regulations for ensuring the quality of real estate education and the requirements for proof of identity for applicants taking the principles of real estate examination. The bill has a delayed effective date of July 1, 2008 for the additional educational requirements for real estate salespersons and the increased number of hours of continuing education required of real estate brokers.
Patron - Cox

P HB 2087

Health professions; direct access to physical therapists. Allows patients to seek treatment from a licensed physical therapist, who also holds a certain certificate, without a referral when the following conditions are met: (i) the patient, at the time of presentation to a physical therapist, is not under the care of a physician; (ii) the patient identifies a practitioner from whom he intends to seek treatment if his condition does not improve; (iii) the patient gives written consent for the physical therapist to release all personal health information and treatment records to the identified practitioner; and (iv) the physical therapist notifies the identified practitioner no later than three days after treatment commences and provides the practitioner with a copy of the initial evaluation along with a copy of the patient history obtained by the physical therapist. The bill also contains requirements for a certificate allowing physical therapists to provide such services. This bill is identical to SB 1305.
Patron - Janis

P HB 2157

Board of Medicine; disciplinary procedure. Requires the Board to make available via any department website information regarding any final orders together with any associated notices that impose disciplinary action against a licensee of the Board. Prohibits the Board from posting notices that have not been adjudicated. Provides that notices and orders that did not result in disciplinary action may be removed upon written request of the licensee. Limits information regarding claims provided to consumers to medical malpractice judgments and settlements of more than $10,000 within the most recent 10-year period. Changes requirement that Board assess competency of person on whose behalf three medical malpractice claims are paid within a 10-year period to requirement that the Board assess the competency of a person on whose behalf three medical malpractice settlements of more than $10,000 are paid within the most recent 10-year period.
Patron - O'Bannon

P HB 2178

Schedule III controlled substances. Adds embutramide to the list of Schedule III controlled substances.
Patron - Morgan

P HB 2212

Health regulatory boards; summary restriction of licenses. Allows health regulatory boards to summarily restrict the license, certificate, registration or multistate licensure privilege of any person holding a license, certificate, registration, or licensure privilege issued by it, if the relevant board finds that there is a substantial danger to the public health or safety that warrants this action. The board shall schedule an informal conference within a reasonable time of the date of the summary restriction.
Patron - O'Bannon

P HB 2363

Equine dental technicians; registration. Sets forth procedures for (i) registration and (ii) denial, revocation, or suspension of registration. Establishes a penalty for performing specified activities by an unregistered individual. Specifies that practice as an equine dental technician prior to the effective date of regulations promulgated to implement this act shall not constitute grounds for disciplinary action by the Board of Veterinary Medicine.
Patron - Scott, E.T.

P HB 2377

Dentistry licensure; removes exam requirement. Removes the requirement that an applicant for a license to practice dentistry has not failed a clinical examination required by the Board in the five years immediately preceding his application.
Patron - Hamilton

P HB 2522

Board of Branch Pilots; limited branch pilot license. Removes the reference to draft or ship unit measurements as the basis for determining the vessels that individuals holding a limited branch pilot license may pilot. Effective October 1, 2006, the State Corporation Commission, which regulates fees of the licensed branch pilots, discontinued its usage of a formula that used unit terminology and instituted a formula based on gross tonnage. The change will allow the Board to use the gross tonnage terminology as the basis for determining the vessels that such individuals may pilot. The bill is identical to SB 992.
Patron - Iaquinto

P HB 2595

Department of Professional and Occupational Regulation; Fair Housing Board; membership. Changes the membership of the Fair Housing Board by increasing from one to two the number of representatives of the residential property management industry, at least one of whom is a member of a property owner's or condominium unit owners' association. The bill also decreases from three to two the number of citizen members.
Patron - Rapp

P HB 2649

Board of Pharmacy; grounds for discipline. Consolidates, clarifies, and adds grounds for the discipline of persons and entities regulated by the Board of Pharmacy.
Patron - Jones, S.C.

P HB 2757

Board for Contractors; exemptions; certain career and technical education projects. Exempts from the contractor licensing requirements work undertaken by students as part of a career and technical education project as defined in § 22.1-228 established by any school board in accordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1 for the construction of portable classrooms or single family homes.
Patron - Hurt

P HB 2839

Department of Professional and Occupational Regulation; Board for Soil Scientists and Wetland Professionals; requirements for professional wetland delineator certification. Extends the waiver of the requirement for a reference from and supervision by a certified professional wetland delineator from July 13, 2006, to July 13, 2010. This bill contains an emergency clause.
Patron - Hall

P HB 2994

Dental hygienists; authority to administer topical oral fluorides. Authorizes dental hygienists to administer topical oral fluorides pursuant to an oral or written order or standing protocol issued by a dentist or a doctor of medicine or osteopathic medicine.
Patron - Melvin

P HB 3061

Health professions; authority to send laboratory test results directly to patients. Allows any health care practitioner licensed pursuant to Title 54.1 who orders a laboratory test or other examination of the physical condition of any person to, if so requested by the patient or his legal guardian, inform the laboratory or other facility conducting the test or examination to provide a copy of the report of the results directly to the patient or his legal guardian. This bill incorporates HB 2843 and is identical to SB 1341.
Patron - Frederick

P HB 3162

Board for Contractors; elevator mechanics. Requires the certification of elevator mechanics in order for them to practice their trade. The bill requires the Board for Contractors to issue temporary certifications in the event of a work stoppage or emergency under certain conditions. The bill contains technical amendments.
Patron - Suit

P SB 992

Board of Branch Pilots; limited branch pilot license. Removes the reference to draft or ship unit measurements as the basis for determining the vessels that individuals holding a limited branch pilot license may pilot. Effective October 1, 2006, the State Corporation Commission, which regulates fees of the licensed branch pilots, discontinued its usage of a formula that used unit terminology and instituted a formula based on gross tonnage. The change will allow the Board to use the gross tonnage terminology as the basis for determining the vessels that such individuals may pilot. The bill is identical to HB 2522.
Patron - Blevins

P SB 1185

Real Estate Board; Real Estate Transaction Recovery Fund. Allows interest on the Virginia Real Estate Transaction Recovery Fund to be used to educate the public as well as real estate licensees or to be transferred to the Virginia Housing Partnership Revolving Fund.
Patron - Locke

P SB 1305

Health professions; direct access to physical therapists. Allows patients to seek treatment from a licensed physical therapist, who also holds a certain certificate, without a referral when the following conditions are met: (i) the patient, at the time of presentation to a physical therapist, is not under the care of a physician; (ii) the patient identifies a practitioner from whom he intends to seek treatment if his condition does not improve; (iii) the patient gives written consent for the physical therapist to release all personal health information and treatment records to the identified practitioner; and (iv) the physical therapist notifies the identified practitioner no later than three days after treatment commences and provides the practitioner with a copy of the initial evaluation along with a copy of the patient history obtained by the physical therapist. The bill also contains requirements for a certificate allowing physical therapists to provide such services. This bill is identical to HB 2087.
Patron - Newman

P SB 1341

Health professions; authority to send laboratory test results directly to patients. Requires any health care practitioner who, within the scope of his practice, orders a laboratory test or other examination of the physical condition of any person to provide a copy of the report of the results of such test or examination directly to the patient or his legal guardian, if so requested by the patient or his guardian. Authorizes a health care practitioner to inform the laboratory that a copy of the report of the results shall be provided directly to the patient or his legal guardian. Provides that the patient or his legal guardian shall be considered authorized to receive the report or result for the purposes of the federal Clinical Laboratory Improvement Amendments. This bill is identical to HB 3061.
Patron - Puller

P SB 1395

Public Accountancy. Provides a comprehensive update of the public accountancy statute including: (i) implementing a principles-based approach to licensure, (ii) setting out requirements and standards for issuing an individual and a firm license, for obtaining a license through renewal or reinstatement, and for the lifting of a suspension, (iii) clarifying the consequences of having privileges revoked, and (iv) clarifying the standards of conduct and practice for the profession. The bill also facilitates mobility between states while clarifying that all persons and firms using the CPA title in Virginia or providing services to persons and entities located in Virginia are subject to the same accountancy statutes and regulations whether or not they are required to hold a Virginia license. In addition the bill authorizes the Board of Accountancy to enter into confidential consent agreements for minor violations. The bill requires the Board of Accountacy to adopt regulations concerning under what conditions confidential consent agreements will be offered. The bill contains technical amendments.
Patron - Stosch

P SB 1426

Clients' Protection Fund. Allows the Supreme Court to adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the State Bar Fund and transferred to the Clients' Protection Fund. The authority to adopt such rules will expire on July 1, 2015.
Patron - Chichester

Failed

F HB 1873

Data reporting requirements for doctors of medicine, osteopathy, and podiatry; expungement. Provides that upon determination by the Board that a disciplinary report is without merit, or if an order has been vacated, the Board shall allow the named doctor to seek expungement of that part of his record. This bill was incorporated into HB 2157.
Patron - Caputo

F HB 1938

Medical professions; what constitutes practice. Adds "physician" to list of words that, when used in connection with a person's name, creates a presumption of intent to practice healing arts. Adds the requirement that no person other than those who have received a degree as a medical doctor or doctor of osteopathy shall use the term "physician" in connection with his name or practice.
Patron - Purkey

F HB 1944

Criminal history background checks for medical practitioners. Requires criminal history background checks for all individuals seeking initial licenses to practice medicine, osteopathic medicine, chiropractic, or podiatry. Authorizes the Board of Medicine to require background checks of individuals seeking to renew licenses at its discretion. Sets forth crimes for conviction of which the Board may deny a license.
Patron - Purkey

F HB 2078

Clients' Protection Fund. Allows the Supreme Court to adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the State Bar Fund and transferred to the Clients' Protection Fund. The authority to adopt such rules will expire on July 1, 2015.
Patron - Armstrong

F HB 2182

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; exemption from licensure. Provides an exemption from licensure as an architect or professional engineer for the design of on-site treatment works consisting solely of an anaerobic septic tank treatment system with gravity conveyance to a gravity-distributed subsurface drain field.
Patron - Saxman

F HB 2341

Auctioneers Board; continuing education; waiver. Requires the Auctioneers Board to waive the continuing education requirements for any person continuously licensed by the Board for 10 years and who has not been the subject of any disciplinary action by the Board.
Patron - Abbitt

F HB 2709

Cemetery operators and funeral establishments; prohibited acts. Provides that the interment of human remains in a manner that increases the likelihood that earth burials will be unearthed by severe weather conditions, flooding, or other acts of God is a prohibited act for which the license of a cemetery company or funeral establishment may be suspended or revoked.
Patron - Barlow

F HB 2842

Requirement that pharmacist sell and dispense drugs. Requires a licensed pharmacy to sell and dispense drugs and devices regardless of any owners' or employees' religious or other personal beliefs. Requires that where a drug or device is not in stock at a pharmacy, a pharmacy shall (i) attempt to obtain the drug or device pursuant to standard reordering procedures or (ii) attempt to locate the drug or device at a pharmacy of the patient's choice and, if the drug or device is by prescription, transfer the prescription to that pharmacy. Creates an exception where there is a valid medical reason to refuse to sell or dispense a drug or device.
Patron - Hall

F HB 2844

Salvinorin A as a Schedule I hallucinogenic. Includes Salvinorin A, the active ingredient of the Salvia Divinorum plant, in controlled substance Schedule I as a hallucinogenic.
Patron - O'Bannon

F HB 2950

Architects, professional engineers, land surveyors, and landscape architects; definitions. Adds definitions for the terms "private entity," "public entity," and "utility."
Patron - Cosgrove

F SB 741

Involuntary commitment hearings; law students. Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.
Patron - Cuccinelli

F SB 872

Board of Nursing; continuing education requirements for nurses. Directs the Board of Nursing to enact regulations requiring registered and practical nurses to complete continuing education programs in order to renew their licenses.
Patron - Mcdougle

F SB 980

Supervision of physician assistants. Expands the therapeutic activities that licensed physician assistants may perform under the supervision of a licensed physician or podiatrist to include treatment. The bill prohibits physician assistants from prescribing or dispensing drugs, except prescriptive authority authorized for licensed physician assistants pursuant to § 54.1-2952.1.
Patron - Edwards

F SB 1093

Department of Professional and Occupational Regulation; Real Estate Board; applicants for initial licensure as a real estate broker. Provides that individuals who have been actively engaged as a real estate salesperson for a period of five years are eligible to apply for initial licensure as a real estate broker.
Patron - Puckett

F SB 1176

Pawnbrokers and secondhand dealers. Adds the regulation of secondhand dealers and secondhand stores to current statutes regulating pawnbrokers. The bill also (i) requires secondhand dealers to prepare a daily report of goods and items sold to them, (ii) requires a pawnbroker to maintain records of each loan or transaction in the course of business for a period of one year, (iii) requires pawnbrokers and secondhand dealers to obtain a single thumbprint of the person pawning or selling an item, and (iv) authorizes localities to enact an ordinance requiring pawnbrokers and secondhand dealers to report their daily transactions electronically to a designated law-enforcement official of the locality. The bill adds secondhand dealers to the existing penalty provisions for pawnbrokers.
Patron - Stolle

F SB 1324

Practice of nursing by emergency medical services personnel. Authorizes licensed paramedics to engage in the practice of professional nursing, and to perform the duties associated with the practice of a registered nurse or a licensed practical nurse. Exempts licensed paramedics from the licensure requirements applicable to nurses.
Patron - Cuccinelli

F SB 1391

Board of Pharmacy; membership. Requires that of the eight licensed pharmacists appointed to the Board, at least one shall be a pharmacy benefit manager or a member of the managed care pharmacy industry. The bill also requires that consideration be given to the various practice settings in making appointments to the Board.
Patron - Saslaw

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Professions and Occupations

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