General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Professions and Occupations


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Professions and Occupations

Passed

P HB21

Salvinorin A as a Schedule I hallucinogenic. Includes Salvinorin A in controlled substance Schedule I as a hallucinogenic drug.
Patron - O'Bannon

P HB85

Donation of prescription medications. Requires the Board of Pharmacy to promulgate regulations to establish a Prescription Drug Donation Program to accept certain unused previously dispensed prescription drugs, and re-dispense such drugs to patients of clinics organized in whole or in part for the delivery of health care services to the indigent. This bill requires the Board to promulgate regulations to implement its provisions within 280 days of enactment. This bill also provides that, notwithstanding the due course effective date of the bill, provisions of current law shall remain in effect until regulations promulgated by the Board for the establishment of the Program become effective.
Patron - Landes

P HB383

Licensing and regulation of occupational therapy assistants. Defines occupational therapy assistant and establishes requirement of a license to practice as an occupational therapy assistant. This bill is identical to SB 134.
Patron - O'Bannon

P HB516

Common Interest Communities. Establishes a Common Interest Communities Board, creates a Common Interest Management Information Fund and allows for a certification process for Common Interest Association managers. The bill adds several new definitions to the Property Owners' Association, Condominium, Real Estate Cooperative, and Time-Share Acts, including "common interest community manager." The bill also sets limits for the fees to be charged for preparation of the required disclosure packets and prohibits any other fees not expressly authorized in the POAA. The bill (i) provides that all declarations shall comply with the terms of the POAA, and the associations created in accordance with the POAA shall have only those powers that are expressly granted in the POAA; (ii) increases the cap on the liability of the association or its manager from $500 to $5,000 for actual damages sustained by the seller in the event of the association's failure to comply with the POAA; and (iii) provides that if settlement does not occur within 90 days of the delivery of the disclosure packet, the fee shall be assessed against the lot owner for which the disclosure packet was prepared and shall become as an assessment against the member's lot. The bill contains technical amendments, which reorganize the POAA into three articles: general provisions, disclosure requirements, and operation and management of associations. HB 1076 incorporated into this bill. This bill is identical to SB 301.
Patron - Suit

P HB517

Onsite soil evaluators; classes. Provides for the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals to adopt regulations to include the division of onsite soil evaluators into classes, including one class restricted to the design of conventional onsite sewage systems. This bill is a recommendation of the Virginia Housing Commission.
Patron - Suit

P HB518

Onsite Soil evaluators; exemptions from license requirements. Allows for conventional and alternative onsite sewer systems receiving residential wastewater to be designed by a licensed onsite soil evaluator when certain conditions are met. This bill is a recommendion of the Virginia Housing Commission.
Patron - Suit

P HB575

Board for Contractors; prohibited acts; penalties. Provides that any person who undertakes work without any valid Virginia contractor's license or certificate when a license or certificate is required shall also be guilty of a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) provided the violation involves a consumer transaction as defined in the Virginia Consumer Protection Act.
Patron - Watts

P HB605

Nonprofessional corporations; practice of medicine. Clarifies that an entity that employs or contracts with an individual licensed by a health regulatory board may (i) practice or engage in the practice of a profession or occupation for which the individual is licensed, (ii) provide or render professional services related to the profession or occupation for which the person is licensed through the licensed individual, and (iii) enforce the terms of employment or of a contract with the licensed individual.
Patron - O'Bannon

P HB725

Equine dental technicians. Provides that registration requirements for equine dental technicians shall not prevent (i) persons performing tasks related to the practice of equine dentistry under the direction and immediate supervision of a licensed veterinarian or registered equine dental technician during completion of training and experience necessary for registration for a period not to exceed six months and (ii) licensed veterinary technicians from planing or leveling equine teeth for routine dental maintenance under the immediate and direct supervision of a licensed veterinarian, provided the licensed veterinary technician has graduated from an American Veterinary Medical Association accredited program with successful completion of coursework in equine dentistry or can document training comparable to that of an equine dental technician.
Patron - Scott, E.T.

P HB805

Advance Health Care Directive Registry; creation. Requires the Department of Health to make available a secure online central registry for advance health care directives. The registry shall be accessible to health care providers licensed by the Board, through a site maintained by the Department of Health. This bill is identical to SB 290.
Patron - Englin

P HB823

Schedule II drugs; oripavine and lisdexamfetamine. Adds oripavine and lisdexamfetamine to the list of Schedule II drugs.
Patron - Morgan

P HB1025

Health professions; consent for breast tumor treatment. Repeals the requirement that a patient sign a consent form before the treatment of a breast tumor. This bill is identical to SB 72.
Patron - Frederick

P HB1114

Real Estate Board; real estate firm licenses. Provides that no business entity shall be granted a firm license unless every managing member of a limited liability company or officer of a corporation who actively participates in the firm brokerage business holds a license as a real estate broker. Currently, the law does not specify the type of business entity.
Patron - Hull

P HB1129

Board of Pharmacy; expiration of licenses. Removes the requirement that certain licenses expire on January 1 annually, and instead allows the Board to set an annual expiration date by regulation. Contains emergency regulation clause.
Patron - Jones, S.C.

P HB1147

Controlled substances; nonresident pharmacies; penalties. Makes it a Class 1 misdemeanor for any person to manufacture, sell, give, distribute or possess with intent to manufacture, sell, give or distribute a Schedule VI controlled substance or imitation controlled substance in violation of the Drug Control Act. The bill requires a nonresident pharmacy to designate a Virginia-licensed pharmacist to be responsible for compliance with all provisions of the Drug Control Act. A nonresident pharmacy that dispenses more than 50 percent of its total prescription volume pursuant to an original prescription order received as a result of solicitation on the Internet, must disclose to the Pharmacy Board that it has received certain certifications. The bill also allows controlled substances that are illegally shipped to be seized by law enforcement or by an agent of the Board of Pharmacy. This bill is identical to SB 405.
Patron - Phillips

P HB1222

Charitable medical events; lack of notice. Amends criteria which a practitioner of the healing arts must meet in order to render free health care to an underserved population of Virginia, to require that the practitioner to notify the Board of the dates and location of services provided at least 5 business days prior to the voluntary provision of services. This bill also provides that the board shall allow a practitioner of the healing who meets the statutory criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state.
Patron - Bowling

P HB1260

Blood donation by minors. Allows minors aged 16 or older to donate blood where such minors meet the donation requirements and have the consent of a parent or legal guardian.
Patron - O'Bannon

P HB1397

Duties of real estate brokers and salespersons; required disclosures. Eliminates the requirement that required disclosures concerning the physical condition of the property made by real estate licensees be conspicuous and printed either in bold lettering or all capitals, and underlined or in a separate box. Such disclosures, however, must continue to be made in writing.
Patron - Miller, J.H.

P HB1431

Practice of dental assistants. Requires the Board of Dentistry to regulate the practice of dental assistants. This bill is identical to SB 151.
Patron - Bowling

P HB1445

Administration of drugs; training of educational facility staff. Allows the administration of drugs by a person who has satisfactorily completed a training program for this purpose approved by the Board of Nursing and who administers such drugs in accordance with a physician's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with regulations promulgated by the Board of Pharmacy relating to security and record keeping, when the drugs administered would be normally self-administered by a resident of a private children's residential facility licensed by the Department of Social Services, Department of Education, or Department of Mental Health, Mental Retardation and Substance Abuse Services, or a student in a school for students with disabilities licensed by the Board of Education. This bill incorporates HB 561.
Patron - Abbitt

P HB1521

Embalmers and funeral directors; continuing education. Requires 10 hours of continuing education hours over a two-year period, rather than the current requirement of five hours per year. Also requires at least one hour per year covering compliance with laws and regulations governing the profession, and at least one hour per year covering preneed funeral arrangements.
Patron - Massie

P SB63

Board of Nursing; membership. Requires that at least one of the seven registered nurses on the Board of Nursing be a licensed nurse practitioner.
Patron - Howell

P SB72

Health professions; consent for breast tumor treatment. Repeals the requirement that a patient sign a consent form before the treatment of a breast tumor. This bill is identical to HB 1025.
Patron - Howell

P SB134

Occupational therapy assistants; licensing and regulation. Requires occupational therapy assistants to be licensed by the Board of Medicine. However, a person who has graduated from a duly accredited occupational therapy assistant education program may practice with the title "Occupational Therapy Assistant, License Applicant" or "O.T.A., Applicant" until he has taken and received the results of any examination required by the Board or until six months from the date of graduation, whichever occurs sooner. This bill is identical to HB 383.
Patron - Houck

P SB151

Practice of dental assistants. Requires the Board of Dentistry to regulate the practice of dental assistants. This bill provides that a person who is employed to assist a licensed dentist or dental hygienist by performing duties not otherwise restricted to the practice of a dentist, dental hygienist, or dental assistant II may practice as a dental assistant I and that a person who has met the educational and training requirements prescribed by the Board, holds a certification from a credentialing organization recognized by the American Dental Association and has met any other qualifications for registration prescribed by the Board may practice as a dental assistant II and may perform duties not otherwise restricted to the practice of a dentist or dental hygienist under the direction of a licensed dentist that are reversible, intraoral procedures specified in regulations promulgated by the Board. This bill is identical to HB 1431.
Patron - Lucas

P SB201

Advisory Board on Midwifery; sunset. Removes the sunset on the Advisory Board on Midwifery.
Patron - Quayle

P SB218

Department of Health Professions; investigative procedures. Clarifies that the Director and investigative personnel may request and obtain patient records, business records, papers, and physical or other evidence in the course of any investigation or issue subpoenas requiring the production of such evidence.
Patron - Edwards

P SB271

Prescription medications; schools for students with disabilities. Allows a person in a licensed school for students with disabilities or a licensed private children's residential facility to administer prescription medication to a student if the person (i) has satisfactorily completed a training program for this purpose approved by the Board of Nursing; (ii) administers such drugs in accordance with the physician's instructions pertaining to dosage, frequency, and manner of administration; and (iii) complies with regulations promulgated by the Board of Pharmacy relating to security and record keeping.
Patron - Deeds

P SB290

Advance Health Care Directive Registry; creation. Requires the Department of Health to create and maintain a secure online central registry for advance health care directives. The bill specifies that when sufficient funds are available, the Department shall make the registry available to the public by (i) contracting with an appropriate vendor, (ii) directing the public to an existing registry maintained by another entity, or (iii) entering into a public-private partnership. This bill is identical to HB 805.
Patron - Barker

P SB405

Controlled substances; nonresident pharmacies; penalties. Makes it a Class 1 misdemeanor for any person to manufacture, sell, give, distribute or possess with intent to manufacture, sell, give or distribute a Schedule VI controlled substance or imitation controlled substance in violation of the Drug Control Act. The bill requires a nonresident pharmacy to designate a Virginia-licensed pharmacist to be responsible for compliance with all provisions of the Drug Control Act. A nonresident pharmacy that dispenses more than 50 percent of its total prescription volume pursuant to an original prescription order received as a result of solicitation on the Internet, must disclose to the Pharmacy Board that it has received certain certifications. The bill also allows controlled substances that are illegally shipped to be seized by law enforcement or by an agent of the Board of Pharmacy. This bill is identical to HB 1147.
Patron - Puckett

P SB495

Board of Medicine; information to be made public. Exempts anyone holding an inactive, temporary, limited, or volunteer license to practice medicine from the requirement to make certain information available to the Board of Medicine.
Patron - Northam

P SB681

Board for Contractors; water well systems providers. Provides that a licensed plumber may perform normal maintenance and repair on large-diameter bored or hand-dug water table wells without a certification as a water well system provider provided that the wells are 100 feet or less in depth and the work is being performed for an entity granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code. Currently, a certified water well systems provider is required to be onsite for the drilling, installation, maintenance, or repair of any water well or water well system.
Patron - Stuart

P SB693

Physician assistants; supervision. Requires a written practice supervision agreement between the supervising physician and the assistant, detailing activities delegated to the assistant. Also allows treatment to be included in the plan, including the establishment of a final diagnosis or treatment plan for the patient, as long as it is set forth in the written practice supervision agreement.
Patron - Edwards

Failed

F HB121

Parental notification of minor's mental health treatment. Requires any employee or designee of any community services board or behavioral health authority, or any other state or local employee other than an employee of a local school board who provides mental health treatment to a minor to notify the minor's parent, legal guardian, or person standing in loco parentis of the provision of services within five days of the provision of services, unless the employee or designee of the community services board or behavioral health authority or other state or local employee providing mental health treatment determines that, in their professional judgment, notice to the parent, guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person.
Patron - Lingamfelter

F HB129

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. This bill 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 HB227

Board for Contractors; applications for licensure. Provides that as part of the application for licensure as a contractor, whether the application is for a Class A, B, or C license, each applicant shall submit a statement, on a form provided by the Board, certifying that the applicant (i) will not knowingly employ an undocumented worker or otherwise violate the Federal Immigration and Reform Act or § 40.1-11.1 of the Code of Virginia and (ii) will continue to verify the lawful employment status of all employees by means of a work-authorization program issued by the U.S. Bureau of Citizenship and Immigration Services or any equivalent federal work authorization program approved or operated by the U.S. Department of Homeland Security. The bill also provides that no application shall be accepted or license issued without the inclusion of this certification with the application form. The bill contains technical amendments. This bill was incorporated into HB 926.
Patron - Cosgrove

F HB346

Department of Professional and Occupational Regulation; the Real Estate Board; classification of property owners' associations. Requires the Real Estate Board to develop regulations to classify property owners' associations based on (i) the number of lots that are encompassed in the development, (ii) the value of assets, (iii) the association's use of professional staff, and (iv) whether the governing board is elected.
Patron - Plum

F HB399

Dialysis patient care technician. Adds the administration of erythropoeitic agents such as Epoetin alfa, Vitamin D, iron, to the list of direct care activities a dialysis patient care technician may undertake.
Patron - Hamilton

F HB561

Administration of drugs; training of educational facility staff. Requires the Board of Nursing to develop, in consultation with the Board of Pharmacy, guidelines for the training of employees of private facilities licensed by the Office of Interdepartmental Regulation, in the administration of prescription drugs as defined in the Drug Control Act (§ 54.1-3400 et seq.). Such training programs shall be taught by a registered nurse, licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist. This bill was incorporated into HB 1445.
Patron - Crockett-Stark

F HB1071

Birth control; definition. Adds a definition of birth control. Birth control means contraceptive methods that are approved by the U.S. Food and Drug Administration. Birth control shall not be considered abortion for the purposes of Title 18.2.
Patron - Amundson

F HB1081

Board for Contractors; elevator mechanics. Authorizes the Board for Contractors to issue temporary certifications to elevator mechanics in the event of a shortage of elevator mechanics where a licensed contractor demonstrates to the satisfaction of the Board that there is such a shortage. The bill contains technical amendments.
Patron - Suit

F HB1400

Disclosure of minor's drug test results. Provides that a parent, legal guardian or person standing in loco parentis may obtain the results of any drug test of a minor or a minor's health records, except when the minor's treating physician or the minor's treating clinical psychologist has determined in the exercise of his professional judgment that the disclose of heath records or the results of any drug test of the minor would be reasonably likely to cause substantial harm to the minor or another person. This bill also provides that a minor shall not be deemed an adult of the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment, or rehabilitation for substance abuse.
Patron - Pogge

F HB1468

Authority to receive laboratory results directly. Creates an exception to the requirement that laboratories release records of results directly to patients for cases in which a treating physician or clinical psychologist determines that release to the patient would be reasonably likely to endanger the life or physical safety of the patient or another person or cause substantial harm to another person. This bill also creates an appeal process for persons who have been denied the records based on the recommendations of a treating physician or clinical psychologist.
Patron - Athey

F HB1483

Certified home inspection; definitions. Revises the definition of certified home inspection to include heating and cooling systems and the efficiency of such systems and duct work.
Patron - Saxman

F HB1492

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; land surveyors; public employees. Provides that any person engaged in the practice of land surveying as an employee of the Commonwealth or any political subdivision shall be allowed to use such experience toward the requirements for a licensed land surveyor. The bill provides that in order to sit for the licensing examination, such applicant shall (i) have a surveyor-in-training designation by the Board; (ii) have a minimum of four years of approved surveying experience, which may be gained prior to the surveyor-in-training designation; and (iii) provide written references from three land surveyors licensed in a state, territory, or possession of the United States, or the District of Columbia, each having personal knowledge of the applicant's surveying experience. The bill defines approved surveying experience.
Patron - Nutter

F SB47

Advance directives; mental health. Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.
Patron - Whipple

F SB86

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 SB374

Real Estate Board; extension of deadline for compliance with education and continuing education requirements. Extends the deadline for compliance with education and continuing education requirements for licensees of the Real Estate Board on active military duty until six months after the licensee's release from active military duty if (i) the licensee is on active military duty status when the requirement becomes due, and (ii) providing the extension does not constitute a danger to the public health, safety, or welfare.
Patron - Stuart

F SB418

Department of Professional and Occupational Regulation; Virginia Real Estate Board; waiver of broker education requirements. Requires the Virginia Real Estate Board to waive the broker education requirement for any applicant for a broker's license who has owned a real estate brokerage firm for more than 15 years and during that time and maintained an active license as a real estate salesperson.
Patron - Puckett

F SB604

Pawnbrokers and secondhand dealers; penalty. Adds the regulation of secondhand dealers 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) authorizes the chief law-enforcement officer of a locality to designate alternative means of submitting required daily reports, and (iv) adds secondhand dealers to the existing penalty provisions for pawnbrokers.
Patron - Stolle

Carried Over

C HB86

Disposal of unused pharmaceuticals. Establishes a program for the disposal of unused pharmaceuticals.
Patron - Landes

C HB735

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 - Caputo

C HB784

Practice of naturopathy. Establishes licensure requirements for the practice of naturopathy. This bill establishes criteria for the practice naturopathy, including educational requirements, examinations, scope of practice, requirements for the promulgation of regulations governing the profession, and an advisory board to the Board of Medicine.
Patron - Kilgore

C HB1004

Advance directives; mental health. Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.
Patron - Bell

C HB1484

Designation of persons authorized to make funeral and burial decisions. Designates the persons in order of priority who have the ability to make all necessary arrangements for a decedent's funeral and the disposition of his remains. This bill is in response to recent cases in Virginia concerning who had the right to make such decisions. Current law allows any next of kin to make arrangements, without specifying an order of priority. This bill grants funeral services providers civil immunity for decisions made if there is a dispute among members of the same class, in the absence of bad faith. The bill contains technical amendments.
Patron - Armstrong

C HB1509

Oral and maxillofacial surgeons; certain data required. Requires the Board of Dentistry to establish, maintain, and make available to the public, on its website and in accompanying materials, the individual certifications for cosmetic procedures for board-certified or board-eligible oral and maxillofacial surgeons who perform certain procedures.
Patron - Sickles

C SB716

Department of Professional and Occupational Regulation; Virginia Board for Asbestos, Lead, and Home Inspectors. Provides that the written evaluation required in a certified home inspection include evaluation of the efficiency of the home's heating and cooling systems and duct work.
Patron - Vogel

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