Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, as defined in the bill. The bill provides that a camping professional, as defined in the bill, shall not be liable for the injury to or death of a camping participant resulting from the inherent risks of camping. The bill further provides that no camping participant or camping participant's representative is authorized to maintain an action against or recover from a camping professional for injury to, loss or damage by, or death of the camping participant resulting exclusively from any of the inherent risks of camping, provided that in any action for damages against a camping professional for camping activity, the camping professional pleads the affirmative defense of assumption of the risk. The bill excludes from such immunity acts taken by a camping professional to intentionally cause personal injury or death or property damage, acts made with a willful or wanton disregard for the safety of the camping participant, and instances wherein the camping professional has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity and does not make the danger known to the camping participant.
State plan for medical assistance services and health insurance; pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for the prophylaxis, diagnosis, and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS) that includes payment for treatment using antimicrobials, medication and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy.The bill also requires each insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; each corporation providing individual or group accident and sickness subscription contracts; and each health maintenance organization providing a health care plan for health care services to provide coverage for the prophylaxis, diagnosis, and treatment of PANDAS and PANS. The bill requires such coverage to include coverage for treatment using antibiotics, medication, and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy.The bill prohibits an insurer, corporation, or organization from (i) denying or delaying the coverage of PANDAS or PANS because the enrollee previously received treatment or because the enrollee was diagnosed with or received treatment for his condition under a different diagnostic name, including autoimmune encephalopathy; (ii) limiting coverage of immunomodulating therapies for the treatment of PANDAS or PANS in a manner that is inconsistent with the treatment guidelines developed by a consortium convened for the purposes of researching, identifying, and publishing best practice standards for diagnosis and treatment of PANDAS or PANS that are accessible for medical professionals and are based on evidence of positive patient outcomes; (iii) requiring a trial of therapies that treat only neuropsychiatric symptoms before authorizing coverage of immunomodulating therapies for the treatment of PANDAS or PANS; or (iv) denying coverage for out-of-state treatment if the service is not available within the Commonwealth.
Virginia Retirement System; return to work for law-enforcement officers. Allows a retired law-enforcement officer to return to work full time as a law-enforcement officer and continue to receive his pension under the Virginia Retirement System. Such person shall be required to have a break in service of at least six calendar months before reemployment. The bill has a delayed effective date of January 1, 2025.
Public institutions of higher education; Hunger-Free Campus Grant Program; established. Establishes the Hunger-Free Campus Grant Program to address student hunger at public institutions of higher education. The bill provides that the Program shall be managed by the State Council of Higher Education for Virginia and available for participation by public institutions of higher education; however, participation in the Program shall be optional for such institutions. Under the bill, if a public institution of higher education satisfies certain criteria set out in the bill, including creating initiatives on campus to address student hunger, it shall be designated as a "Hunger-Free Campus" and the Council shall award a grant to such institution. A public institution of higher education that receives a grant under the bill shall utilize the funds to support on-campus efforts and initiatives to eliminate student hunger at such institution. The bill requires the Council to submit a report to the Chairmen of the Senate Committee on Education and Health and the House Committee on Education no later than two years after the establishment of the Program that shall include (i) the total number and amounts of grant awards, (ii) information about the impact that the Program has had on establishing additional hunger-free campuses at public institutions of higher education and reducing the number of students experiencing food insecurity, and (iii) recommendations regarding the potential establishment of an annual appropriation for the Program.
Public schools; guidelines and policies regarding school-connected overdoses; parental notification; response and prevention. Directs the Board of Education to develop and distribute to each local school board guidelines on policies and procedures relating to school-connected overdose response and prevention. The bill requires each school board to notify the parent of each student in the local school division of any school-connected overdose within 24 hours of such overdose occurring and permits each school board to provide such notification through telephone, email, or other methods of notification, provided that such method of notification is consistent with the guidelines developed by the Board. Finally, the bill directs each school board to fully implement the provisions of the bill by the 2024-2025 school year.
Physicians; informed consent; disclosure of certain information prior to hysterectomy or oophorectomy. Requires physicians to obtain informed consent from a patient prior to performing a hysterectomy or oophorectomy. Prior to obtaining informed consent, physicians must inform the patient of the patient's freedom to withhold or withdraw consent, refer the patient to the Hysterectomy Educational Resources and Services (HERS) Foundation, and provide the patient with anatomical diagrams relevant to the procedure. The bill allows physicians to forgo obtaining informed consent when a hysterectomy or oophorectomy is performed in a life-threatening emergency situation.
K-12 schools and institutions of higher education; student participation in women's sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public school, or any other school that is a member of the Virginia High School League, or by a public institution of higher education to be expressly designated as one of the following based on the biological sex of the students who participate on the team or in the sport: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both males and females. The bill prohibits any such team or sport that is expressly designated for females from being open to students whose biological sex is male. The bill also provides that in the event of a dispute as to the biological sex of any student seeking to participate on any interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for males or females, such student may establish biological sex by presenting to the school or institution a signed physician's statement that attests to such student's biological sex based solely on (a) the student's internal and external reproductive anatomy; (b) the student's normal endogenously produced levels of testosterone; and (c) an analysis of the student's genetic makeup. The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against any such school or institution of higher education based on a violation of the provisions of the bill and creates a cause of action for any school or institution of higher education that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student who suffers harm as a result of a knowing violation of a provision of the bill by a school or institution or as a result of the student's reporting a violation of a provision of the bill by a school, institution, athletic association, or organization.
Virginia Human Rights Act; unlawful discrimination. Prohibits any state agency or political subdivision in the Commonwealth from supporting, implementing, recognizing, or utilizing any program, process, or procedure that conveys or denies a benefit, advantage, or privilege to an individual based solely on such individual's race, sex, or ethnicity.
Community services boards; core of services. Adds to the list of the core services to be provided by community services boards (i) crisis services for individuals with a mental illness or substance use disorder, (ii) outpatient mental health and substance abuse services, (iii) psychiatric rehabilitation services, (iv) peer support and family support services, (v) mental health services for members of the armed forces located 50 miles or more from a military treatment facility and veterans located 40 miles or more from a Veterans Health Administration medical facility, and (vi) care coordination services. The bill removes language that conditions the duty of community services boards to provide case management services on the availability of funding. The bill further requires community services boards to provide any such services (a) to every adult who has a serious mental illness, child who has or is at risk of serious emotional disturbance, and individual who has a substance use disorder and (b) in a timely manner and at a location that is near the individual. The bill has a delayed effective date of July 1, 2026, for most provisions.
Commonwealth information security requirements. Requires state public bodies, defined in the bill, to (i) comply with the Commonwealth's security policies and standards, (ii) ensure each of their employees completes information security training, (iii) conduct regular security audits, (iv) report the results of such audits to the appropriate entity, and (v) implement security monitoring and enter into memoranda of understanding with the Chief Information Officer of the Commonwealth for sharing information with the Commonwealth's central information security systems. The bill directs the Chief Information Officer of the Commonwealth to (a) publish and maintain a list of the Commonwealth's security policies and standards with which state public bodies are required to comply, (b) ensure that transition meetings with state public bodies occur, and (c) document such transitions and any exemptions from the requirements of the bill.
Local zoning regulations related to mines; Planning District 8. Provides that localities in Planning District 8 (Northern Virginia) may establish standards and adopt zoning regulations related to mines and mineral mines that exceed standards and regulations adopted by the Director of the Department of Energy, including the prohibition of all mining and mineral mining activity in any area of the locality zoned for residential use.
Operation of a motor vehicle upon the highways of the Commonwealth after conviction; petition procedures. States that upon a conviction for involuntary manslaughter as a result of driving under the influence or maiming as a result of driving under the influence, the court shall order the person convicted not to operate a motor vehicle upon the highways of the Commonwealth. The bill provides that after five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a motor vehicle upon the highways of the Commonwealth and upon consideration of such petition, the court may restore the right to operate a motor vehicle subject to such terms and conditions as the court deems appropriate, including terms set forth in relevant law.The bill also includes all enumerated violations of driving under the influence for the offense of conduct punishable as involuntary manslaughter. Under current law, the only violations included are driving (i) while such person is under the influence of alcohol; (ii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree that impairs his ability to drive or operate any motor vehicle, engine, or train safely; and (iii) while such person is under the combined influence of alcohol and any drug or drugs to a degree that impairs his ability to drive or operate any motor vehicle, engine, or train safely.