By James Pickral
Commonwealth Strategy Group
The Virginia General Assembly adjourned the 2022 session on March 12th. While the majority of bills were acted upon, the budget conferees were not able to reconcile the House and Senate versions of the state’s biennial budget. As such, there was need for a special session to finish. Additionally, there were several bills that remained in committees of conference. These committees are appointed when the House and Senate pass different versions of the same bill. Usually, if a committee of conference isn’t able to agree on a final version before adjournment the bill dies. This session the General Assembly took the unusual step of continuing these bills to the yet to be called Special Session. Included with these bills was Delegate Dawn Adams HB 1245. This bill would make permanent the change from five years to two years the amount of time a nurse practitioner must spend as part of a patient care team before practicing independently.
Special Session was called for April 4th by the Governor. The General Assembly convened and passed rules for how the session was to be conducted. They then went into recess and will remain in recess until the budget conferees reach an agreement. There are several reasons for the lack of progress on the budget. Namely, different revenue projections between the House and the Senate and a disagreement of tax policy.
The General Assembly convened on April 27th for the Reconvene Session. This is the Session where the Governor’s amendments and vetoes to bills that passed the General Assembly are considered.
On June 1st, the General Assembly convened to consider and pass the conference report to the state budget. Of note, PSV’s budget amendment to add 10 dedicated psychiatric residency slots was included in the conference report and has passed both chambers.
Below are some bills of interest that were before the 2022 Session:
HB146; Delegate Head, Insurance; provider complaints, etc
Provides that any person may submit a complaint of noncompliance by an insurer with any insurance law, regulation, or order of the State Corporation Commission on behalf of a health care provider. The bill provides that the Commission shall investigate such complaints and notify the complainants of the outcomes, but that the Commission shall not have jurisdiction to adjudicate individual controversies or matters of contractual dispute.
Status: Signed by the Governor
HB213; Delegate Robinson, Optometrists; allowed to perform laser surgery if certified by Board of Optometry
Allows an optometrist to perform laser surgery upon certification by the Board of Optometry. The optometrist must satisfactorily completed such didactic and clinical training programs provided by an accredited school or college of optometry that includes training in the use of lasers for the medically appropriate and recognized treatment of the human eye. Also, he/she must report annually any disciplinary action, malpractice judgment, or malpractice settlement against the provider and information regarding the number and types of laser surgeries performed and the conditions treated, as well as any adverse treatment outcomes associated with the performance of such laser surgeries
Status: Signed by the Governor
HB243; Delegate Dawn Adams, Medicine, osteopathy, chiropractic, and podiatric medicine requirements for practitioners
Sought to increase the duration of postgraduate training required for issuance of a license to practice medicine, osteopathy, chiropractic, or podiatric medicine from 12 months to 36 months; would require every practitioner licensed to practice medicine, osteopathy, chiropractic, and podiatric medicine to obtain and maintain coverage by or to be named the insured on a professional liability insurance policy with limits equal to the current limitation on damages set forth in the Code of Virginia.
Status: Failed to pass
HB773; Delegate Keith Hodges and SB427; Senator Siobhan Dunnavant; Health insurance; provider credentialing, receipt of application
Requires that a carrier provide recognition or notification of receipt of an applicant’s credentialing application.
- Electronically if the carrier uses an online credentialing system for new provider applicants.
- By mail or electronic mail, as selected by the applicant, within 10 days of receiving the application if the carrier does not use an online credentialing system.
Status: Signed by the Governor
HB1245; Delegate Dawn Adams, Decreasing years of NP clinical experience for autonomous practice
Would permanently decrease the number of years of clinical experience required for a nurse practitioner to practice independently from five to two.
Status: Remains in committee of conference. Work may continue on this bill. Our understanding is that it will not pass from the committee of conference.
HB1323; Delegate Bobby Orrock and SB672; Senator Siobhan Dunnavant, Pharmacists; initiation of treatment with and dispensing and administration of vaccines
Allows pharmacists and pharmacy technicians under the supervision of a pharmacist to dispense and administer vaccines for COVID-19, nicotine replacement and other tobacco cessation therapies, and tests for COVID-19 and other coronaviruses to persons aged 18 years and older. Also, allows them to administer vaccines included on the Immunization Schedule published by the CDC and vaccines for COVID-19 and tests for COVID-19 and other coronaviruses to persons three years of age or older in accordance with a statewide protocol established by the Board of Medicine in collaboration with the Board of Pharmacy and the Department of Health.
Status: Passed the House and Senate but amended by the Governor. The Governor’s amendment in the nature of a substitute adds the ability of pharmacists to administer controlled substances or devices for the initiation of treatment of the following diseases or conditions for which clinical decision making can be guided by a clinical test that is classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988: group A streptococcus bacteria infection, influenza virus infection, and urinary tract infection. The Governor’s amendment failed to pass which means that the bill as passed by the General Assembly will become effective on July 1.
SB599; Senator Bill Stanley, Medical malpractice actions, certain limitation on recovery
Sought to remove the medical malpractice cap if the jury or judge, if such an action is tried without a jury, determines that there is permanent loss or impairment of a bodily function or; permanent brain injury.
Status: Failed to pass
Budget Items
Virginia Mental Health Access Program (VMAP) Funding
Governor Northam’s introduced budget contained 2.8 million dollars a year of additional funding for the program. The Senate budget maintained this increase while the House budget reduced the increase to 1.4 million dollars a year. The House position prevailed in the conference repory.
Psychiatric Residency Slots
The Senate budget included funding for 10 psychiatric residency slots. The House budget did not. We were successful in getting this in the conference report and it will go into effect July 1.
