Del. Jay Leftwich

Celebrating the life of John Walter Ainslie.

Commending John F. Reinhart.

Celebrating the life of the Honorable GeraldL. Baliles.

Commending Camille Thomasina Schrier.

Sex offenders in emergency shelters; notification registration penalty. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify the shelter's staff that such person is a registered sex offender. The bill provides that any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 3 misdemeanor. The bill provides that the shelter's staff may request a law-enforcement officer or agency to access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information to ensure the safety of all persons in the shelter. The bill also provides that the state emergency operations plan and each political subdivision emergency operations plan shall (i) set forth the procedures for persons required to register or reregister who enter an emergency shelter to provide the required notification and (ii) provide for the accommodation in an emergency shelter of persons required to register or reregister with due regard to the health and safety of all persons in the emergency shelter. The bill requires that the Department of State Police provide to any registered sex offender at the time of his initial registration a summary of his obligation to inform the staff of an emergency shelter of his status as a registered sex offender.

Commemorating the life and legacy of Dr. RobertRussa Moton.

Price transparency for prescription drugs for the treatmentof diabetes; civil penalty. Requires a manufacturer of a prescription drugindicated for use in the treatment of diabetes to report certain information tothe Commissioner of Health regarding the cost of such prescription drugs and toreport additional information when the price of such a drug increases beyondthe increase in the medical care component of the Consumer Price Index for thepreceding year. The bill also requires pharmacy benefits managers to reportinformation to the Commissioner of Health regarding any rebates negotiated witha manufacturer for such drugs. The bill provides that such information reportedto the Commissioner of Health will be managed by the nonprofit organizationthat administers the Virginia All-Payer Claims Database. The bill provides thatthe Board of Health may assess a civil penalty of up to $1,000 per week perviolation, not to exceed a total of $50,000 per violation, against amanufacturer or pharmacy benefits manager that fails, within the Board'sdetermination, to make a good faith effort to meet a reporting deadline. Inaddition, the bill requires pharmacy benefits managers to register with theState Corporation Commission and authorizes the Commission to revoke theregistration of any pharmacy benefits manager that fails to comply withreporting requirements specified in the bill. The Board of Pharmacy isauthorized to revoke the permit or registration of any manufacturer that failsto comply with the specified reporting requirements.

Canadian Prescription Drug Importation Program established.Establishes the Canadian Prescription Drug Importation Program, pending federalapproval and certification from the Secretary of the U.S. Department of Healthand Human Services. Under the Program, the Commissioner of Health is requiredto designate the Department of Health, the Commissioner, or another agency orofficer of the Commonwealth; a licensed drug wholesaler; or a nonprofit,nonstock corporation established by the Department as a public instrumentalityexercising public and essential governmental functions to (i) importprescription drugs from Canadian suppliers and (ii) distribute the importedprescription drugs to pharmacies or pharmacists in the Commonwealth thatcontract with the designated entity to make the imported prescription drugsavailable to residents of the Commonwealth at the cost prescribed in thecontract. The measure provides that only prescription drugs that have thehighest potential for cost savings to the Commonwealth shall be identified forimportation. The Program will authorize the designated entity to purchaseprescription drugs from a Canadian supplier and distribute the prescriptiondrugs to pharmacists and pharmacies that are in-network under a health planprovided by a health carrier, state employee health plan or local choice plan,and the Medicaid program. Contracts between the pharmacist or pharmacy and thedesignated entity will set the price at which the prescription drugs are to beprovided to covered individuals. The measure requires the Commissioner, byDecember 1, 2021, to review the proposed Program and, if the proposed Programis approved, to submit the proposed Program for federal review. The Departmentis also required to prepare an implementation plan, which is to be put intoeffect six months after the last to occur of (a) the enactment of anylegislation required for the establishment of the charge or assessment tofinance the Program and (b) receipt of notice that the proposed Program hasbeen approved and certified by the Secretary of the U.S. Department of Healthand Human Services.

Manufacture, sale, or distribution of imitationnicotine vapor products; penalty. Prohibits the manufacture,sale, or distribution of any imitation nicotine vapor product, definedin the bill as any (i) counterfeit nicotine vapor product, also definedin the bill, or (ii) any liquid nicotine or nicotine vapor product that was not manufactured, prepared, compounded, or processed bya person registered with the U.S. Food and Drug Administration (FDA).The bill makes a first violation a Class 1 misdemeanor and a secondor subsequent offense a Class 6 felony, provided that the accusedwas at liberty between each conviction and it is admitted, or foundby the jury or judge before whom the person is tried, that the accusedwas previously convicted of a violation.

Death penalty; severe mental illness. Providesthat a defendant in a capital case who had a severe mental illness,as defined in the bill, at the time of the offense is not eligiblefor the death penalty. The bill establishes procedures for determiningwhether a defendant had a severe mental illness at the time of theoffense and provides for the appointment of expert evaluators. Thebill provides that when the defendant's severe mental illness isat issue, a determination will be made by the jury or by the judgein a bench trial as part of the sentencing proceeding, and the defendantbears the burden of proving his severe mental illness by a preponderanceof the evidence. The bill also provides that in the event the defendantfails to provide notice that he will offer testimony by an expertwitness at such sentencing proceeding, the court may either allowthe Commonwealth a continuance or, under appropriate circumstances,bar the defendant from presenting such evidence.