HB 661

            
2020 SESSION

20104678D

HOUSE BILL NO. 661 

House Amendments in [ ] � February 7, 2020

A BILL to direct the Secretaries of Health and Human Resources
and Public Safety to establish a work group to develop a plan to improve the
Commonwealths response to exposure-prone incidents involving law-enforcement
officers, firefighters, and emergency medical services providers. 

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Patron Prior to Engrossment--Delegate Bell 

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Referred to Committee on Health, Welfare and Institutions 

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Be it enacted by the General Assembly of Virginia:

1. � 1. That the Secretaries of Health and Human
Resources and Public Safety and Homeland Security (the Secretaries) shall
establish a work group to develop a plan to improve the Commonwealths response
to exposure-prone incidents involving employees of law-enforcement agencies,
volunteers and employees of fire departments and companies, and volunteers and
employees of emergency medical services agencies and other appropriate
entities. The work group shall include (i) the Superintendent of State Police,
the Commissioner of Health, the Executive Director of the Department of Fire
Programs, and the Director of the Department of General Services, or their
designees; (ii) representatives of local law-enforcement agencies, fire
departments and companies, and emergency medical services agencies; (iii)
representatives of organizations representing law-enforcement officers,
salaried and volunteer firefighters, and salaried and volunteer emergency
medical services providers; and (iv) such other stakeholders as the Secretaries
shall deem appropriate. 

In conducting its work, the work group shall:

1. Develop a plan for the establishment of an entity to
assist with the management of exposure-prone incidents involving employees of
law-enforcement agencies, volunteers and employees of fire departments and
companies, and volunteers and employees of emergency medical services agencies
and other appropriate entities. Such assistance shall include assistance with
(i) the process of confirming whether a volunteer or employee has been involved
in an exposure-prone incident and, as a result of such exposure-prone incident,
has been exposed to the body fluids of another person in a manner that may,
according to the then-current guidelines of the Centers for Disease Control and
Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses;
(ii) coordinating the process by which specimens of a persons body fluids are
collected and tested to determine whether the person was infected with human
immunodeficiency virus or hepatitis B or C viruses; and (iii) coordinating the
care and treatment of a volunteer or employee for whom post-exposure
prophylactic treatment or other treatment is required. Such entity shall also
be charged with (a) providing training and education to designated infection
control officers and others on topics related to preventing exposure-prone
incidents, identifying and responding to exposure-prone incidents, and
treatment and follow-up care for volunteers and employees involved in
exposure-prone incidents and (b) collecting data from law-enforcement agencies,
fire departments and companies, emergency medical services agencies, and others
regarding the number of requests for assistance in determining whether an
exposure-prone incident has occurred, the number of confirmed exposure-prone
incidents, the number of cases involving an exposure-prone incident in which a
specimen was collected and tested and whether the person from whom such
specimen was collected was deceased or living, the number of cases in which
post-exposure prophylaxis was required, and, in cases in which post-exposure
prophylaxis was required, the duration and cost of such treatment. In
developing the plan, the work group shall evaluate and provide recommendations
related to the appropriate state agency or body to operate or provide oversight
of the entity, the structure and organization of the entity, the specific
powers and duties of the entity, and the cost to establish the entity. The work
group shall also provide specific recommendations for legislative, regulatory,
or budgetary actions necessary to establish the entity; and 

2. Study and develop recommendations related to developing
the ability to perform postmortem testing for infection with human
immunodeficiency virus or hepatitis B or C viruses through the Division of
Consolidated Laboratory Services. Such study shall include analysis of (i) the
steps necessary to implement postmortem testing for infection with human
immunodeficiency virus or hepatitis B or C viruses using a screening assay that
is licensed for such purpose by the U.S. Food and Drug Administration, (ii) the
potential cost to the Commonwealth of developing the ability to perform
postmortem testing for infection with human immunodeficiency virus or hepatitis
B or C viruses using a screening assay that is licensed for such purpose by the
U.S. Food and Drug Administration through the Division of Consolidated
Laboratory Services, and (iii) any potential savings to the Commonwealth
resulting from implementing postmortem testing for infection with human
immunodeficiency virus or hepatitis B or C viruses using a screening assay that
is licensed for such purpose by the U.S. Food and Drug Administration through
the Division of Consolidated Laboratory Services. 

The work group shall report its findings, conclusions, and
recommendations to the Governor and the General Assembly by December 1, 2020.

[ � 2. The Director of the Department of General
Services shall enter into a contract with a commercial laboratory located in
the United States that is able to perform postmortem testing for infection with
human immunodeficiency virus or hepatitis B or C viruses using a screening
assay that is licensed for such purpose by the U.S. Food and Drug
Administration to perform testing of blood specimens collected from decedents
to whose body fluids a law-enforcement officer, salaried or volunteer
firefighter, salaried or volunteer emergency medical services provider, or
other employee of a public safety agency, as that term is defined in � 32.1-45.2
of the Code of Virginia, was exposed in an exposure-prone incident for
infection with human immunodeficiency virus or hepatitis B or C. The Director
shall report to the Governor and the General Assembly on the status of the
contract by December 1, 2020. ]