Virginia Medical Lawyers

Governor Warner Signs Legislation Outlined in State of the Commonwealth Speech

RICHMOND - Governor Mark R. Warner today announced he has signed the following legislation adopted by the 2005 Virginia General Assembly. Governor Warner advocated passage of each of these bills during his January 12, 2005 State of the Commonwealth address to the Joint Session.

Earlier today, the Governor announced he had signed HB 2512 and SB 1183, which strength regulation of Virginia’s assisted living facilities - also promised in the State of the Commonwealth speech.

The Governor’s deadline for acting on legislation is midnight Tuesday, March 29, 2005.

Prescription Drug Monitoring Program SB 1098 - Wampler and Locke HB 2429 - Hamilton and Johnson

These identical bills allow us to expand Virginia’s Prescription Monitoring Program, which we worked to implement in 2003 in response to concerns about Oxycontin abuse in southwestern Virginia. The bills require Virginia pharmacies and out-of-state pharmacies that fill prescriptions shipped to Virginia to report prescriptions dispensed for Schedule III and Schedule IV drugs, as well as Schedule II drugs. The requirement to report to the Monitoring Program database has thus far been limited to pharmacies in southwestern Virginia. The reported information is available under specified circumstances to physicians, pharmacists, and law enforcement to ensure that drugs are not being misused or misdirected.

Schedule III and IV Controlled Substances HB 2291 - Shannon and Ware, O.

This bill raises the penalty for illegally manufacturing or distributing a Schedule III drug to a Class 5 felony (1 to 10 years) and for illegally manufacturing or distributing a Schedule IV drug to a Class 6 felony (1 to 5 years). The current law makes both crimes merely a Class 1 misdemeanor (up to 1 year). These are dangerous and addictive drugs when misused and law enforcement reports increasing street abuse. The changes in law, which I advocated in my State of the Commonwealth speech, bring Virginia’s drug laws more in line with federal laws and the laws of most other states.

Medical Malpractice Reform SB 1173 - Newman HB 2659 - Kilgore

These identical bills were recommended by a legislative subcommittee studying medical malpractice costs and became part of my legislative package for 2005. This legislation requires expert witness certification before a medical malpractice suit can be filed. The legislation also requires the Board of Medicine to conduct a competency examination on physicians who have three medical malpractice claims paid in a 10-year period. In addition, the legislation provides that an expression of sympathy to a patient or a patient's relative is not admissible as evidence of an admission of liability. Finally, the bills also reinstate a requirement that medical liability insurers submit annual reports to the State Corporation Commission stating information regarding claims made against health care providers. These bills were carefully crafted and address an important issue. I am pleased to sign them.

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