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SB 1415 — Opioids; impact reduction registry, report.
Last action — Acts of Assembly Chapter text (CHAP0631)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 26, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Failed a recorded vote
Failed 9 recorded votes so far — a real headwind.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
370 added · 366 removedPlain-language change summary
The amendment to § 54.1-3408 of the Code of Virginia clarifies which professionals are authorized to prescribe, dispense, or administer controlled substances. It specifies that licensed practitioners, including certain nurse practitioners, midwives, physician assistants, and optometrists, must do so only in good faith for medicinal or therapeutic purposes within their practice. Additionally, it details the circumstances under which various trained individuals, like nurses and emergency medical personnel, may administer these substances under supervision. This change is significant as it outlines the roles and responsibilities of healthcare providers in managing controlled substances, which can impact opioid prescribing practices.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E631 An Act to amend and reenact § 54.1-3408 of the Code of Virginia, relating to opioid impact reduction.
R [S 1415] O Approved LMarch 26, 2023 Be it enacted by the General Assembly of Virginia:
L 1.
E A.
A practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine, a liDensedlicensed nurse practitioner pursuant to § 54.1-2957.01, a licensed certified midwife pursuant to § 54.1-2957.04, a licensed physician assistant pursuant to § 54.1-2952.1, or a TPA-certified optometrist pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 shall only prescribe, dispense, or administer controlled substances in good faith for medicinal or therapeutic purposes within the course of his professional practice.
B.prescription as authorized by this chapter.
The prescribing practitioner's order may be on a written prescription or pursuant to an oral prescription as authorized by this chapter.
B 2.
Persons trained to administer drugs and devices to patients in state-owned or state-opera4edstate-operated hospitals or facilities licensed as hospitals by the Board of Health or psychiatric hospitals licensed by the Department of Behavioral Health and Developmental Services who administer drugs under the l5censed by control and supervision of the prescriber or a pharmacist;
E 3.
Pursuant to an oral or written order or standing protocol, the prescriber, who is authorized by state or federal law to possess and administer radiopharmaceuticals in the scope of his practice, may authorize a nuclear medicine technologist to administer, under his supervision, radiopharmaceuticals used in the diagnosis or treatment of disease.
Pursuant to the regulations of the Board of Health, certain emergency medical services technicians mayPursuantmay topossess an order or standing protocol issued by the prescriber within the course of his professional practice, any school nurse, school board employee, employee of a local governing body, or employee of a local health department who is authorized by a prescriber and trainedadminister epinephrine in theemergency administrationcases of epinephrineanaphylactic mayshock. possess and administer epinephrine.
Pursuant to an order or standing protocol that shall be issued by the localprescriber health director within the course of his professional practice, any school nurse, school board employee, employee of a local governing body, or employee of a local health department who is authorized by thea localprescriber health director and trained in the administration of albuterolepinephrine inhalersmay possess and valvedadminister holdingepinephrine. chambers or nebulized albuterol to a student diagnosed with a condition requiring an albuterol inhaler or nebulized albuterol when the student is believed to be experiencing or about to experience an asthmatic crisis.
Pursuant to an order or a standing protocol that shall be issued by the prescriberlocal health director within the course of his professional practice, any employeeschool ofnurse, a school forboard studentsemployee, withemployee disabilities,of asa definedlocal ingoverning §body, 22.1-319 and licensed by the Board of Education, or any employee of a privatelocal schoolhealth thatdepartment is accredited pursuant to § 22.1-19 as administered by the Virginia Council for Private Education who is authorized by athe prescriberlocal health director and trained in the administration of (a)albuterol epinephrineinhalers may possess and administervalved epinephrineholding andchambers (b) albuterol inhalers or nebulized albuterol may possess or administer an albuterol inhaler orand albuterola whenvalved theholding studentchamber is believed to be experiencing or aboutnebulized toalbuterol experience an asthmatic crisis.ed Pursuant to an order or a standingstudent protocoldiagnosed issuedwith bya thecondition prescriberrequiring within the course of his of 7 professional practice, any nurse at an earlyalbuterol childhoodinhaler careor andnebulized educationalbuterol entity,when employee at the entity,student or employee of a local health department who is authorizedbelieved byto abe prescriberexperiencing andor trainedabout into theexperience administrationan ofasthmatic epinephrinecrisis. may possess and administer epinephrine.
Pursuant to an order or a standing protocol issued by the prescriber within the course of his professional practice, any employee of a school for students with disabilities, as defined in § 22.1-319 and licensed by the Board of Education, or any employee of a private school that is accredited pursuant to § 22.1-19 as administered by the Virginia Council for Private Education who is authorized by a prescriber and trained in the administration of (a) epinephrine may possess and administer epinephrine and (b) albuterol inhalers or nebulized albuterol may possess or administer an albuterol inhaler or nebulized albuterol to a student diagnosed with a condition requiring an albuterol inhaler or nebulized albuterol when the student is believed to be experiencing or about to experience an asthmatic crisis.
Pursuant to an order or a standing protocol issued by the prescriber within the course of his professional practice, any nurse at an early childhood care and education entity, employee at the entity, or employee of a local health department who is authorized by a prescriber and trained in the of 6 administration of epinephrine may possess and administer epinephrine.
Pursuant to a written order or standing protocol issued by the prescriber within the course of his professional practice, such prescriber may authorize, with the consent of the parents as defined in § 22.1-1, an employee of (i) a school board, (ii) a school for students with disabilities as defined in § 22.1-319 licensed by the Board of Education, or (iii) a private school accredited pursuant to § 22.1-19 as administered by the Virginia Council for Private Education who is trained in the administration of insulin and glucagon to assist with the administration of insulin or administer glucagon to a student diagnosed as having diabetes and who requires insulin injections during the school day or for whom of 7 glucagon has been prescribed for the emergency treatment of hypoglycemia.
Such authorization shall only be effective when a licensed nurse, nurse practitioner, physician, or physician assistant Es not present to perform the administration of the medication.
Pursuant to a written order or standing protocol issued by the prescriber within the course of his professional practice, such prescriber may authorize an employee of a public institution of higRer education or a private institution of higher education who is trained in the administration of insulin and as having diabetes and who requires insulin injections or for whom glucagon has been prescribed for thesed emergency treatment of hypoglycemia.
L Pursuant to a written order or standing protocol issued by the prescriber within the course of his professional pEactice,practice, such prescriber may authorize an employee of a providerpublic licensedinstitution byof thehigher Department of Behavioral6 Healtheducation and Developmental Services or a personprivate providinginstitution servicesof pursuanthigher toeducation awho contractis withtrained ain provider licensed by the Departmentadministration of Behavioralinsulin Health and Developmentalglucagon Services to assist with the administration of insulin or toadministration administerof glucagon to a personstudent diagnosed as having diabetes and who hypoglycemia,requires providedinsulin suchinjections employee or personfor providingwhom servicesglucagon has been trainedprescribed infor theeatmentthe ofemergency administrationtreatment of insulinhypoglycemia. and glucagon.
Such authorization shall only be effective when a licensed nurse, nurse practitioner, physician, or physician assistant is not present to perform the administration of the medication.
Pursuant to a written order issued by the prescriber within the course of his professional practice, such prescriber may authorize an employee of a provider licensed by the Department of Behavioral Health and Developmental Services or a person providing services pursuant to a contract with a provider licensed by the Department of Behavioral Health and Developmental Services to assist with the administration of insulin or to administer glucagon to a person diagnosed as having diabetes and who requires insulin injections or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia, provided such employee or person providing services has been trained in the administration of insulin and glucagon.
A prescriber may authorize, pursuant to a protocol approved by the Board of Nursing, the administration of vaccines to adults for immunization, when a practitioner with prescriptive auShorityauthority is not physically present, by (i) licensed pharmacists, (ii) registered nurses, or (iii) licensed 1racticalpractical nurses under the supervision of a registered nurse.
A prescriber acting on behalf of and in accordance1withaccordance with established protocols of the Department of Health may authorize the administration of vaccines Eoto any person by a pharmacist, nurse, or designated emergency medical services provider who holds an R advanced life support certificate issued by the Commissioner of Health under the direction of an operational medical director when the prescriber is not physically present.
The emergency medical Immunizationservices Informationprovider System.documentationshall provide documentation of the vaccines to be recorded in the Virginia J.Immunization Information System.
J.
In addition, a dentist may authorize a dental hygienist under his direction to administer Schedule VI nitrous oxide and oxygen inhalation analgesia and, to persons 18 years of age or older, Schedule VIle VI local anesthesia.
This section shall not prevent 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 prescriber's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with regulations promulgated by the Board of Pharmacy relating toerto of security and record keeping, when the drugs administered would be normally self-administered by (i) an individual receiving services in a program licensed by the Department of Behavioral Health and Developmental Services;
(vi) a resident of a private children's residential facility, as defined in § 63.2-100 and licensed by the Department of Social Services, Department of Education, or Department disabilities, as defined in § 22.1-319 and licensed by the Board of Education.l for students with In addition, this section shall not prevent a person who has successfully completed a training of 7 program for the administration of drugs via percutaneous gastrostomy tube approved by the Board of Nursing and been evaluated by a registered nurse as having demonstrated competency in administration of drugs via percutaneous gastrostomy tube from administering drugs to a person receiving services from a program licensed by the Department of Behavioral Health and Developmental ServicesServices; to such person via percutaneous gastrostomy tube.
or (vii) a student in a school for students with disabilities, as defined in § 22.1-319 and licensed by the Board of Education.
In addition, this section shall not prevent a person who has successfully completed a training program for the administration of drugs via percutaneous gastrostomy tube approved by the Board of Nursing and been evaluated by a registered nurse as having demonstrated competency in administration of drugs via percutaneous gastrostomy tube from administering drugs to a person receiving services from a program licensed by the Department of Behavioral Health and Developmental Services to such person via percutaneous gastrostomy tube.
Medication aides registered by the Board of Nursing pursuant to Article 7 (§ 54.1-3041 et seq.) of Chapter 30 may administer drugs that would otherwise be self-administered to residents of any of 6 assisted living facility licensed by the Department of Social Services.
Nothing in this chapter shall be construed to prohibit a patient care dialysis technician trainee from performing dialysis care as part of and within the scope of of 7 the clinical skills instruction segment of a supervised dialysis technician training program, provided such trainee is identified as a "trainee" while working in a renal dialysis facility.
E The dialysis care technician or dialysis patient care technician administering the medications shall have demonstrated competency as evidenced by holding current valid certification from an organization approved by the Board of Health Professions pursuant to Chapter 27.01 (§ 54.1-2729.1 et seq.).
R T.
Persons who are otherwise authorized to administer controlled substances in hospitals shall be autU.authorized to administer influenza or pneumococcal vaccines pursuant to § 32.1-126.4.
PursuantU. to a specific order for a patient and under his direct and immediate supervision, a prescriber may authorize the administration of controlled substances by personnel who have beenL properly trained to assist a doctor of medicine or osteopathic medicine, provided the method does not include intravenous, intrathecal, or epidural administration and the prescriber remains responsible for such administration.
EPursuant V.to a specific order for a patient and under his direct and immediate supervision, a prescriber may authorize the administration of controlled substances by personnel who have been properly trained to assist a doctor of medicine or osteopathic medicine, provided the method does not include intravenous, intrathecal, or epidural administration and the prescriber remains responsible for of 6 such administration.
V.
authorizeW. the administration of influenza vaccine to minors by a licensed pharmacist, registered nurse, licensed practical nurse under the direction and immediate supervision of a registered nurse, or emergency medical services provider who holds an advanced life support certificate issued by the Commissioner of Health when the prescriber is not physically present.
Show all 52 changed lines (12 more)
SA X.prescriber, acting in accordance with guidelines developed pursuant to § 32.1-46.02, may authorize the administration of influenza vaccine to minors by a licensed pharmacist, registered nurse, licensed practical nurse under the direction and immediate supervision of a registered nurse, or emergency medical services provider who holds an advanced life support certificate issued by the Commissioner of Health when the prescriber is not physically present.
NotwithstandingX. the provisions of § 54.1-3303, pursuant to an oral, written, or standing 1rder issued by a prescriber or a standing order issued by the Commissioner of Health or his designee1 authorizing the dispensing of naloxone or other opioid antagonist used for overdose reversal inEthe absence of an oral or written order for a specific patient issued by a prescriber, and in accorRance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, a pharmacist, a health care provider providing services in a hospital emergency dispense naloxone or other opioid antagonist used for overdose reversal and a person to whom naloxone or other opioid antagonist has been dispensed pursuant to this subsection may possess and administer naloxone or other opioid antagonist used for overdose reversal to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
Law-enforcementNotwithstanding officersthe asprovisions definedof in § 9.1-101,54.1-3303, employeespursuant ofto thean Departmentoral, ofwritten, Forensicor Science,standing employeesorder ofissued theby Officea ofprescriber theor Chiefa Medicalstanding Examiner,order employeesissued ofby the DepartmentCommissioner of GeneralHealth Servicesor Divisionhis ofdesignee Consolidatedauthorizing Laboratory Services, employees of the Departmentdispensing of Correctionsnaloxone designatedor asother probationopioid andantagonist paroleused officersfor oroverdose asreversal correctionalin officersthe asabsence definedof inan §oral 53.1-1,or employeeswritten oforder thefor Departmenta ofspecific Juvenilepatient Justiceissued designatedby asa probationprescriber, and parolein officersaccordance orwith asprotocols juveniledeveloped correctionalby officers,the employeesBoard of pursuantPharmacy toin anconsultation agreementwith between the localBoard healthof departmentMedicine and the schoolDepartment board,of otherHealth, schoola boardpharmacist, employeesa orhealth individualscare contractedprovider byproviding aservices schoolin boarda tohospital provideemergency schooldepartment, healthand services,emergency andmedical firefightersservices whopersonnel, haveas completedthat aterm trainingis programdefined mayin also§ possess32.1-111.1, andmay administerdispense naloxone or other opioid antagonist used for overdose reversal and maya dispenseperson to whom naloxone or other opioid antagonist usedhas forbeen overdosedispensed reversal pursuant to anthis oral,subsection written,may orpossess standingand orderadminister issuednaloxone by a prescriber or aother standingopioid orderantagonist issuedused byfor theoverdose Commissionerreversal ofto Healtha orperson hiswho designeeis inbelieved accordanceto withbe protocolsexperiencing developedor byabout theto Boardexperience ofa Pharmacylife-threatening inopioid consultationoverdose. with the Board of Medicine and the Department of Health.
NotwithstandingLaw-enforcement theofficers provisionsas ofdefined in § 54.1-3303,9.1-101, pursuantemployees toof anthe oral,Department written,of orForensic standingScience, orderemployees issuedof bythe aOffice prescriberof orthe aChief standingMedical orderExaminer, issuedemployees byof the CommissionerDepartment of HealthGeneral orServices hisDivision designeeof authorizingConsolidated theLaboratory writtenServices, orderemployees forof athe specificDepartment patientof issuedCorrections bydesignated aas prescriber,probation and inparole accordanceofficers withor protocolsas developedcorrectional byofficers theas Boarddefined ofin Pharmacy§ in53.1-1, consultationemployees withof the BoardDepartment of MedicineJuvenile Justice designated as probation and theparole Departmentofficers or as juvenile correctional officers, employees of Health,regional jails, school nurses, local health department employees that are assigned to a public school pursuant to an employeeagreement orbetween the local health department and the school board, other personschool actingboard onemployees behalfor ofindividuals contracted by a publicschool placeboard to provide school health services, and firefighters who hashave completed a training program any person may also possess and administer naloxone or other opioid antagonist used for overdose reversal,reversal otherand thanmay dispense naloxone inor other opioid antagonist used for overdose reversal pursuant to an injectableoral, formulationwritten, withor standing order issued by a hypodermicprescriber needleor a standing order issued by the Commissioner of Health or syringe,his designee in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health.
Notwithstanding anythe provisions of § 54.1-3303, pursuant to an oral, written, or standing order issued by a prescriber or a standing order issued by the Commissioner of Health or his designee authorizing the dispensing of naloxone or other lawopioid antagonist used for overdose reversal in the absence of an oral or regulationwritten toorder for a specific patient issued by a prescriber, and in accordance with protocols developed by the contrary,Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, an employee or other person acting on behalf of a public place who has completed a training program any person may also possess and administer naloxone or other opioid antagonist,antagonist used for overdose reversal, other than naloxone in an injectable formulation with a hypodermic needle or syringe, to a person who is believed training program on the administration of such naloxone and administers naloxone in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the of 7 Department of Health.
Notwithstanding any other law or regulation to the contrary, an employee or other person acting on behalf of a public place may possess and administer naloxone or other opioid antagonist, other than naloxone in an injectable formulation with a hypodermic needle or syringe, to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose if he has completed a training program on the administration of such naloxone and administers naloxone in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health.
The Board of Pharmacy shall not of 6 charge a fee for the issuance of such controlled substance registration.
That the Department of Health (the Department) shall begin development of a Commonwealth opioid impact reduction registry.
The Department shall develop a process to determine whatwhich organizations that work to reduce the impact of opioids in the Commonwealth to include in such registry,registry and what criteria and metrics should be utilized to determine their inclusion in such registry.
The Department shall report on the process, criteriacriteria, and metrics for the registry, including the verification process to ensure an organization meets the criteria to be listed on the registry, and recommendations on reducing administrative burdens on local governments to contract with organizations on the of 7 registry to the Chairs of the House Committee on Appropriations and the Senate Committee on 4.Finance and Appropriations by September 1, 2023.
4.
N R O L L E D S 5 R
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View plain text versions (4)
- CHAP0631 View text Current pdf March 26, 2023
- SB1415ER View text pdf February 23, 2023
- Committee Substitute Committee substitute printed 23105909D-S1 pdf January 31, 2023
- Prefiled Prefiled and ordered printed; offered 01/11/23 23101946D pdf January 11, 2023
Action History
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Acts of Assembly Chapter text (CHAP0631)
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Approved by Governor-Chapter 631 (effective 7/1/23)
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Governor's Action Deadline 11:59 p.m., March 27, 2023
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Enrolled Bill Communicated to Governor on March 2, 2023
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Signed by President
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Signed by Speaker
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Impact statement from DPB (SB1415ER)
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Bill text as passed Senate and House (SB1415ER)
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Appropriations (22-Y 0-N)
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Referred to Committee on Appropriations
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Reported from Health, Welfare and Institutions (21-Y 0-N)
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Impact statement from DPB (SB1415S1)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (6-Y 0-N)
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Assigned HWI sub: Subcommittee #3
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB1415S1
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Committee substitute agreed to 23105909D-S1
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Reading of substitute waived
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Education and Health Committee amendments rejected
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 23105909D-S1
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Reported from Finance and Appropriations with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB1415)
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Rereferred to Finance and Appropriations
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Reported from Education and Health with amendments (15-Y 0-N)
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Senate subcommittee amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Assigned Education sub: Health
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/11/23 23101946D
Sponsors
- Todd E. Pillion · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1415?
- SB 1415 is sponsored by Todd E. Pillion.
- What is the current status of SB 1415?
- This bill has been enacted into law. Introduced January 11, 2023. Enacted.
- Where can I track SB 1415?
- Track SB 1415 free on One Click Politics — get push/email alerts when it moves.
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