Primary Bills of Interest
HOUSE BILLS (Passed as of March 16)
HB 2447 Influenza; vaccination of minors.
Mark D. Sickles
Summary as introduced:
Influenza; vaccination of minors. Requires the Board of Health, by
August 31, 2009, to develop and issue guidelines for administration of influenza
vaccine to minors by licensed pharmacists, registered nurses, or licensed
practical nurses, with the consent of the minor's parent, guardian, or person
standing in loco parentis and when consistent with guidelines developed by the
Centers for Disease Control and Prevention. This bill also provides that a
prescriber may authorize the administration of influenza vaccine to minors by a
licensed pharmacist, registered nurse, or licensed practical nurse under the
direction and immediate supervision of a registered nurse when the prescriber is
not physically present.
Status:
02/25/09 Governor: Approved by Governor-Chapter 110 (effective 7/1/09)
HB 2453 Electronic prescribing.
Mark D. Sickles
Summary as introduced:
Electronic prescribing. Requires the Secretary of Health and Human
Services, in consultation with the Secretary of Technology, to establish a
website with information on electronic prescribing for health practitioners,
which shall contain information about the process and advantages of electronic
prescribing, the availability of electronic prescribing products, links to
federal and private-sector websites that provide guidance on selecting
electronic prescribing products, and links to federal and private sector
incentive programs for implementing electronic prescribing. The bill requires
the Secretary of Health and Human Resources in consultation with the Secretary
of Technology to regularly consult with relevant public and private stakeholders
to assess and accelerate implementation of electronic prescribing in Virginia.
This bill further provides that, beginning in 2010, any health practitioner who
contracts with the Commonwealth for the provision of health services will be
required to utilize electronic prescribing to the maximum extent practicable.
This bill directs the Department of Medical Assistance Services to develop
programs and incentives to encourage the adoption of electronic prescribing by
Medicaid providers.
Status:
03/16/09: Awaiting Governor's signature
HB 2212 Automated drug dispensing systems; multi-dose packaging.
S. Chris Jones
Summary as introduced:
Automated drug dispensing systems; multi-dose packaging. Allows drugs in
multi-dose packaging, other than those administered orally, to be placed in an
automated drug dispensing device if approved by the pharmacist-in-charge in
consultation with a standing hospital committee comprised of pharmacy, medical,
and nursing staff.
Status:
02/25/09 Governor: Approved by Governor-Chapter 100 (effective 7/1/09)
HB 2214 Pharmacies; bulk donation programs.
S. Chris Jones
Summary as introduced:
Pharmacies; bulk donation programs. Provides that a pharmacy
participating in bulk donation programs may charge a reasonable dispensing or
administrative fee to offset the cost of dispensing donated medications, not to
exceed the actual costs of such dispensing.
Status:
02/25/09 Governor: Approved by Governor-Chapter 101 (effective 7/1/09)
HB 1674 Workers' Compensation; pharmacist to use therapeutically equivalent drug
products for claims.
Harry R. Purkey
Summary as introduced:
Workers' Compensation; use of therapeutically equivalent drug products.
Requires a pharmacist filling a prescription for medication for a workers'
compensation claim to dispense a therapeutically equivalent drug product for a
prescribed name-brand drug product. However, the pharmacist shall fill the
prescription with the name-brand drug product prescribed if (i) a
therapeutically equivalent drug product does not exist or the usual and
customary retail price for it is higher than that of the prescribed name-brand
drug product or (ii) the prescriber specifies on the prescription "brand
medically necessary" based on a medical reason why the claimant should not have
the prescription filled with a therapeutically equivalent drug product. A
prescriber may direct that a prescription is "brand medically necessary" by
verbal instructions in a telephone call. The costs of medication prescribed in
connection with a compensable claim are not the responsibility of the claimant
unless the prescription is obtained through fraud.
SB 1158
is identical.
Status:
03/16/09: Awaiting Governor's signature
HB 1943 Optometrists; those licensed may sell contact lenses & allowed to
dispense ophthalmic devices.
Christopher K. Peace
Summary as introduced:
Optometrists; contact lenses and ophthalmic devices. Specifies that only
licensed optometrists and licensed opticians may sell or dispense contact
lenses, upon the valid, written prescription of a licensed physician or
optometrist, and allows licensed optometrists to dispense ophthalmic devices
that contain medication. This bill is identical to
SB 1075.
Status:
03/16/09: Awaiting Governor's signature
HB 2352 Donation of prescription medication; liability of pharmaceutical
manufacturers
R. Steven Landes
Summary as introduced:
Donation of prescription medication; liability of pharmaceutical
manufacturers. Clarifies the liability of pharmaceutical manufacturers
relating to storage, donation, acceptance, or dispensing of any drug in
accordance with the Prescription Drug Donation Program. This bill also provides
that unused prescription drugs dispensed for use by person covered under the
Medicaid program may be donated unless such donation is prohibited.
Status:
02/25/09 Governor: Approved by Governor-Chapter 109 (effective 7/1/09)
HB 2407 Health Practitioners' Intervention Program; revisions.
Franklin P. Hall
Summary as introduced:
Health Practitioners' Intervention Program; revisions. Changes the name
of the Health Practitioners' Intervention Program to the Health Practitioners'
Monitoring Program, and clarifies that the purpose of the Program is to monitor
impaired health professionals, rather than to intervene or treat them. The bill
provides that the Director of the Department of Health Professions shall work
together with the Health Practitioner's Monitoring Program to develop contracts
necessary for implementation of monitoring services. This bill also expands the
membership of the Health Practitioner's Monitoring Program Committee to include
a registered nurse engaged in active practice.
Status:
03/16/09: Awaiting Governor's signature
HB 2482 Prescription donation; hospitals to dispense.
Albert C. Eisenberg
Summary as introduced:
Prescription donation; hospitals to dispense. Clarifies that hospitals,
as well as clinics organized in whole or in part for the delivery of health care
services to the indigent, may redispense donation medications to the indigent.
Status:
02/25/09 Governor: Approved by Governor-Chapter 114 (effective 7/1/09)
SENATE BILLS (As of March 16)
SB 1154 Copies of medical bills and charges; no cost.
Ryan T. McDougle
Summary as introduced:
Copies of medical bills and charges; no cost. Provides that a patient's
account balance or itemized listing of charges maintained by a health care
provider shall be supplied at no cost, upon request, up to three times every
twelve months to either the patient or the patient's attorney.
Status:
03/16/09: Awaiting Governor's signature
SB 1158 Workers' Compensation; use of therapeutically equivalent drug products.
Richard L. Saslaw
Summary as introduced:
Workers' Compensation; use of therapeutically equivalent drug products.
Requires a pharmacist filling a prescription for medication for a workers'
compensation claim to dispense a therapeutically equivalent drug product for a
prescribed name-brand drug product. However, the pharmacist shall fill the
prescription with the name-brand drug product prescribed if (i) a
therapeutically equivalent drug product does not exist or the usual and
customary retail price for it is higher than that of the prescribed name-brand
drug product or (ii) the prescriber specifies on the prescription "brand
medically necessary" based on a medical reason why the claimant should not have
the prescription filled with a therapeutically equivalent drug product. A
prescriber may direct that a prescription is "brand medically necessary" by
verbal instructions in a telephone call. The costs of medication prescribed in
connection with a compensable claim are not the responsibility of the claimant
unless the prescription is obtained through fraud.
HB 1674
is identical.
Status:
03/16/09: Awaiting Governor's signature
Bills that did not pass 2009 Session
HB 1650 Pharmacy contracts; establishes requirements for audit procedures and
claims review process.
R. Lee Ware, Jr.
Status:
01/29/09 House: Stricken from docket by Commerce and Labor by voice vote
HB 1744 Natural health care providers; not licensed may provide care to consumer
for use of natural foods.
Brenda L. Pogge
Status:
01/27/09 House: Tabled in Health, Welfare and Institutions by voice vote
HB 2359 Tracking of ephedrine and pseudoephedrine; pilot program.
C. Todd Gilbert
Status:
02/10/09 House: Left in Militia, Police and Public Safety
HB 2373 Birth control prescriptions; pharmacist who refuses to fill ensure
patient treated nonjudgmentally.
David L. Englin
Status:
01/27/09 House: Tabled in Health, Welfare and Institutions (14-Y 8-N)
HB 2452 Prescription information; confidentiality.
Mark D. Sickles
Status:
02/03/09 House: Stricken from docket by Health, Welfare and Institutions by
voice vote
SB 885 Drug-related personal injury actions; extends two-year statute of
limitations.
A. Donald McEachin
Status:
02/09/09 Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)
SB 1207 Disposal of unused pharmaceuticals.
Phillip P. Puckett
Status:
02/05/09 Senate: Left in Education and Health (15-Y 0-N)
SB 1229 Medical information; protection by adding definition of personal
information.
George L. Barker
Status:
02/09/09 Senate: Subject referred to Joint Commission on Technology & Science
& Joint Commission on Health Care pursuant to Sen. Rule 30
Other Health Related Bills
Passed
HB 1986 Medication aide training programs; requirements therefor. (Same
as SB 1032)
John M. O'Bannon, III
Status:
02/26/09 Governor: Approved by Governor-Chapter 133 (effective 2/26/09)
SB 965 Preventive medications for sexual assault victims; may authorize
registered nurses to administer.
Harry B. Blevins
Status:
03/16/09: Awaiting Governor's signature
SB 1032 Medication aide training programs; sets forth requirements for Board of
Nursing approved education. (Same as HB 1986)
Emmett W. Hanger, Jr.
Status:
03/16/09: Awaiting Governor's signature
SB 1282 Department of Health Professions; information concerning health
professionals.
Stephen D. Newman
Status:
03/16/09: Awaiting Governor's signature
SB 1411 Health insurance, basic;
allows insurers to offer & sell group policies to those without coverage.
John C. Watkins
Status:
03/16/09: Awaiting Governor's signature
Did Not Pass
HB 1588 Autism spectrum disorder; mandated health insurance coverage therefor.
Status:
02/10/09 House: Left in Commerce and Labor
HJ 708 Study; gross receipts assessment on pharmaceutical manufacturers.
Clarence E. Phillips
Status
02/10/09 House: Left in Rules
SB 818 Opiate addiction treatment providers; daily service fee.
L. Louise Lucas
Status:
01/29/09 Senate: Stricken at request of patron in Education and Health (14-Y
0-N)
SB 843 Medical malpractice limit; raises total amount recoverable in certain.
Henry L. Marsh III
Status:
02/09/09 Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)
SB 920 Health insurance; policy offered to small employer with 50
or less employees to protect uninsured.
W. Roscoe Reynolds
Status:
02/19/09 House: Incorporated by Commerce and Labor
(SB1411-Watkins) by voice vote
SB 921 Health insurance; eliminates all mandated benefits from inclusion in
individual policies.
W. Roscoe Reynolds
Status:
02/10/09 Senate: Left in Commerce and Labor
SB 952 Dextromethorphan; sale of over-the-counter medicines containing thereof
on school property.
Richard H. Stuart
Status:
02/24/09 House: Left in Courts of Justice
VPhA Legislative Overview – January 12, 2009
Get Involved!
The Virginia General Assembly website, http://legis.state.va.us/ contains a wealth of information. To learn who represents your district and their contact information, visit http://conview.state.va.us/whosmy.nsf/main?openform .
Contacting your legislator tips can be found at http://legis.state.va.us/cit_guide/cit_partic/contacting_my.html During the session it is best to fax or e-mail your representative as many issues are addressed so rapidly there is seldom time for the mail to be effective. You can also call to express your opinion on legislative issues. When the General Assembly is in session, the House of Delegates and Senate of Virginia jointly operate a toll-free, intrastate telephone message center to accept calls from citizens of the Commonwealth wishing to express an opinion on legislation. The messages are received by the center and will be relayed to the members' offices as requested. You may call the Constituent Viewpoint operators at (800) 889-0229 (outside Richmond) or 698-1990 (Richmond area) to express your opinion on a legislative issue.
WAYS TO INCREASE THE PROFESSION’S POLITICAL CLOUT
The existing and upcoming issues facing our profession warrant us to take a moment to see how we can improve our profession’s political clout. Below are six simple steps that we believe will assist our profession’s voice be heard. Please report back to us how it goes at tim@virginiapharmacists.org
1) Contact your legislators’ offices, introduce yourself if they do not already know you.
2) Let them know you are a pharmacist, student pharmacist, or pharmacy technician and THANK them for their consideration of pharmacy issues this session. Let them know you would like to serve as a resource for them on pharmacy related issues.
3) Ask to be put on their distribution list for events that will be held in their home district.
4) Once session is over, contact your senator and delegate and invite them to your pharmacy practice site - let us know when this is scheduled so we can offer assistance.
5) Go to at least one fundraising event for the Senator and Delegate in your area. Introduce yourself at the event as a pharmacist (student pharmacist, pharmacy technician) and remind them that you would like to serve as a resource for them on pharmacy related issues.
6) Contribute to the Virginia Pharmacy PAC – your profession needs to have a LOUD VOICE.