SB 100 — Licensed programs, DBHDS; cardiopulmonary resuscitation for program participants.

RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 709R An Act to amend and reenact § 54.1-2901 of the Code of Virginia, relating to Department of Behavioral Health and Developmental Services licensed programs;

E N [S 100] R Approved AprilO 27, 2022 Be it enacted by the General Assembly of Virginia:

L § 54.1-2901.

L A.

E 1.

Any person entitled to practice his profession under any prior law on June 24, 1944, from continuing such practice within the scope of the definition of his particular school of practice;practicD;

in2. accordance with regulations promulgated by the Board;to June 30, 1980, from continuing such practice 3.

Any person licensed to practice naturopathy prior to June 30, 1980, from continuing such practice in 3.

S 4.

Any registered professional nurse, licensed nurse practitioner, graduate laboratory techniciantechn1cian or other technical personnel who have been properly trained from rendering care or services within the scope of their usual professional activities which shall include the taking of blood, the giving of intravenous infusions and intravenous injections, and the insertion of tubes when performed under the orders of a person licensed to practice medicine or osteopathy, a nurse practitioner, or a physician assistant;

Any practitioner licensed or certified by the Board from delegating to personnel supervised by him, such activities or functions as are nondiscretionary and do not require the exercise of professional judgment for their performance and which are usually or customarily delegated to such persons bybyfessional practitioners of the healing arts, if such activities or functions are authorized by and performed for such practitioners of the healing arts and responsibility for such activities or functions is assumed by such practitioners of the healing arts;

8.

The domestic administration of family remedies;

The fitting by nonitinerant persons or manufacturers of artificial eyes, limbs or other apparatus or appliances or the fitting of plaster cast counterparts of deformed portions of the body by a nonitinerant bracemaker or prosthetist for the purpose of having a three-dimensional record of the deformity, when such bracemaker or prosthetist has received a prescription from a licensed physician, licensed nursenursen practitioner, or licensed physician assistant directing the fitting of such casts and such activities are conducted in conformity with the laws of Virginia;

The practice of the religious tenets of any church in the ministration to the sick and suffering by mental or spiritual means without the use of any drug or material remedy, whether gratuitously or for compensation;com15.

15.

of 3 16.

Any practitioner of the healing arts licensed or certified and in good standing with the applicable regulatory agency in another state or Canada when that practitioner of the healing arts is in Virginia of 3 temporarily and such practitioner has been issued a temporary authorization by the Board from practicing medicine or the duties of the profession for which he is licensed or certified (i) in a summer camp or in conjunction with patients who are participating in recreational activities, (ii) while participating in continuing educational programs prescribed by the Board, or (iii) by rendering at any site any health care services within the limits of his license, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge as provided in § 54.1-106;

Any registered nurse, acting as an agent of the Department of Health, from obtaining specimens of sputum or other bodily fluid from persons in whom the diagnosis of active tuberculosis disease, as defined in § 32.1-49.1, is suspected and submitting orders for testing of such specimens to the Division of 3 of Consolidated Laboratories or other public health laboratories, designated by the State Health Commissioner, for the purpose of determining the presence or absence of tubercle bacilli as defineddefRned in § 32.1-49.1;

Any physician of medicine or osteopathy or nurse practitioner from delegating to a registered nurse under his supervision the screening and testing of children for elevated blood-lead levelslevelE when of 3 such testing is conducted (i) in accordance with a written protocol between the physician or nurse practitioner and the registered nurse and (ii) in compliance with the Board of Health's regulationsregulatNons promulgated pursuant to §§ 32.1-46.1 and 32.1-46.2.

R 30.

Any practitioner of one of the professions regulated by the Board of Medicine who is in goodOood standing with the applicable regulatory agency in another state or Canada from engaging in the practice of that profession when the practitioner is in Virginia temporarily with an out-of-state athleticathletLc team or athlete for the duration of the athletic tournament, game, or event in which the team or athlete is competing;

L 31.

Any person from performing state or federally funded health care tasks directed by the consumer,cEnsumer, which are typically self-performed, for an individual who lives in a private residence and who, by reason of disability, is unable to perform such tasks but who is capable of directing the appropriate performance of such tasks;

ororle to perform such tasks but who is capable of directing the appropriate 32.

and 33.Services who is certified in cardiopulmonary resuscitation from acting in compliance with a program participant's valid written order not to resuscitate issued in accordance with § 54.1-2987.1 ifSsuch valid written order not to resuscitate is included in the program participant's individualized servic1 plan.

Any employee of a program licensed by the Department of Behavioral Health and Developmental Services who is certified in cardiopulmonary resuscitation from acting in compliance with a program participant's valid written order not to resuscitate issued in accordance with § 54.1-2987.1 if such valid written order not to resuscitate is included in the program participant's individualized service plan.

Notwithstanding any provision of law or regulation to the contrary, military medical personnel,pers0nnel, as defined in § 2.2-2001.4, while participating in a program established by the Department of Veterans Services pursuant to § 2.2-2001.4, may practice under the supervision of a licensed physician ororans podiatrist or the chief medical officer of an organization participating in such program, or his designee who is a licensee of the Board and supervising within his scope of practice.

That the Department of Behavioral Health and Developmental Services shall develop and distribute to providers guidance regarding compliance with a program participant's valid written ordercardiopulmonary notresuscitation.ccordance to resuscitate, in accordance with this act, by program employees certified in cardiopulmonary resuscitation.