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SB 1132 Commonwealth Neurotrauma Initiative

Senate Patrons: Emily Couric (chief patron); Warren E. Barry; John S. Edwards; Janet D. Howell; Benjamin J. Lambert III; Stephen H. Martin; H. Russell Potts, Jr.; Frederick M. Quayle; Richard L. Saslaw; Stanley C. Walker ;
House Patrons: Shirley F. Cooper; Jay Katzen; William C. Mims; Mitchell Van Yahres

Summary:

Commonwealth Neurotrauma Initiative. Establishes the Commonwealth Neurotrauma Initiative to support research, education, and treatment relating to traumatic spinal cord or brain injuries resulting in loss of physical and cognitive functions. An advisory board is established within the Department of Health to administer the program in accordance with Board of Health regulations. The Commonwealth Neurotrauma Initiative Advisory Board, consisting of six members, including experts, citizens, consumers of services, and one member of the General Assembly will be responsible for reviewing and ranking grant applications for education, research, and community-based rehabilitative services. The program will be initially funded by grants, donations, etc. The Fund will be a special nonreverting fund. Grant materials are excluded from the Freedom of Information Act and the grant reviewing and ranking process is exempted from the Administrative Process Act. The statute prohibiting legislators from serving on entities administering programs is amended to provide an exception for the legislative member of the Advisory Board.

Full text:

01/20/97 Senate: Presented & ordered printed 977666635
02/02/97 Senate: Committee substitute printed 974338635-S1
02/04/97 Senate: Printed as engrossed 974338635-ES1
02/25/97 Senate: Enrolled bill text (SB1132ER)
03/21/97 Governor: Acts of Assembly Chapter text (CHAP0567)

Amendments:

House amendments
House amendments engrossed
Senate amendments

Status:

01/20/97 Senate: Presented & ordered printed 977666635
01/20/97 Senate: Referred to Committee on Education and Health
01/21/97 Senate: Assigned to Ed. & Health sub-committee: Health Care
01/30/97 Senate: Reported from Ed. & H. with substitute (15-Y 0-N)
01/30/97 Senate: Rereferred to Finance
01/30/97 Senate: Reported from Finance (17-Y 0-N)
01/30/97 Senate: Rereferred to Courts of Justice
02/02/97 Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
02/02/97 Senate: Committee substitute printed 974338635-S1
02/03/97 Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/97 Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
02/04/97 Senate: Read second time
02/04/97 Senate: Reading of substitute waived
02/04/97 Senate: Committee substitute agreed to 974338635-S1
02/04/97 Senate: Reading of amendment waived
02/04/97 Senate: Passed by temporarily
02/04/97 Senate: Amendment by Sen. Couric agreed to
02/04/97 Senate: Engrossed by Senate - comm. sub. w/amd 974338635-ES1
02/04/97 Senate: Printed as engrossed 974338635-ES1
02/04/97 Senate: Constitutional reading dispensed (39-Y 0-N)
02/04/97 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
02/04/97 Senate: Passed Senate (40-Y 0-N)
02/04/97 Senate: VOTE: PASSAGE (40-Y 0-N)
02/04/97 Senate: Communicated to House
02/05/97 House: Placed on Calendar
02/06/97 House: Read first time
02/06/97 House: Referred to Committee on Health, Welfare and Institutions
02/06/97 House: Assigned to H. W. I. sub-committee: 1
02/11/97 House: Reported from H. W. I. w/amendments (21-Y 0-N)
02/12/97 House: Read second time
02/13/97 House: Read third time
02/13/97 House: Committee amendments agreed to
02/13/97 House: Engrossed by House as amended
02/13/97 House: Passed House with amendments (98-Y 0-N)
02/13/97 House: VOTE: PASSAGE (98-Y 0-N)
02/17/97 Senate: Reading of amendments waived
02/17/97 Senate: House amendments agreed to by Senate (40-Y 0-N)
02/17/97 House: Title amended
02/17/97 Senate: VOTE: CONCUR HOUSE AMENDMENT (40-Y 0-N)
02/25/97 Senate: Enrolled bill text (SB1132ER)
03/04/97 Senate: Enrolled
03/05/97 House: Signed by Speaker
03/06/97 Senate: Signed by President
03/20/97 Governor: Approved by Governor-Chapter 567 (effective 7/1/97)
03/21/97 Governor: Acts of Assembly Chapter text (CHAP0567)

CHAPTER 567

An Act to amend and reenact §§ 2.1-1.6, 2.1-342, and 9-6.14:4.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 12, consisting of sections numbered 32.1-73.1 through 32.1-73.4, relating to the Commonwealth Neurotrauma Initiative.

[S 1132]
Approved March 20, 1997

Be it enacted by the General Assembly of Virginia:

Article 12.
The Commonwealth Neurotrauma Initiative.

§ 32.1-73.1. Definitions.

As used in this article:

"Advisory Board" means the Commonwealth Neurotrauma Initiative Advisory Board.

"Board" means the Board of Health.

"Fund" means the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to § 32.1-73.2.

"Neurotrauma" means an injury to the central nervous system, i.e., a traumatic spinal cord or brain injury which results in loss of physical and cognitive functions.

§ 32.1-73.2. Commonwealth Neurotrauma Initiative Trust Fund established.

A. For the purpose of preventing traumatic spinal cord or brain injuries and improving the treatment and care of Virginians with traumatic spinal cord or brain injuries, there is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Neurotrauma Initiative Trust Fund, hereinafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller as a revolving fund and shall be administered by the Commonwealth Neurotrauma Initiative Advisory Board, in cooperation with the Commissioner of Health. The Fund shall consist of grants, donations and bequests from public and private sources. Such moneys shall be deposited into the state treasury to the credit of the Fund and shall be used for the purposes of this article.

B. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be distributed according to the grant procedures established pursuant to § 32.1-73.4. Moneys in the Fund shall be used solely to support grants for Virginia-based organizations, institutions, and researchers for education on prevention of traumatic spinal cord or brain injuries, basic science and clinical research on the mechanisms and treatment of neurotrauma, and community-based rehabilitative services for individuals with traumatic spinal cord or brain injuries. No more than ten percent of such Fund may be used for administration.

§ 32.1-73.3. Commonwealth Neurotrauma Initiative Advisory Board established;
membership; terms; duties and responsibilities.

A. For the purpose of administering, in coordination with the Commissioner of Health, the Commonwealth Neurotrauma Initiative Trust Fund, there is hereby established the Commonwealth Neurotrauma Initiative Advisory Board, hereinafter referred to as the Advisory Board. Organizational staff support shall be provided to the Commonwealth Neurotrauma Initiative Advisory Board by the Department of Health during the Advisory Board's initial year.

The Advisory Board shall consist of seven members as follows: one person licensed to practice medicine in Virginia experienced with brain or spinal cord injury; one person licensed by a health regulatory board within the Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services; one Virginian with traumatic spinal cord injury or a caretaker thereof; one Virginian with traumatic brain injury or a caretaker thereof; one citizen-at-large who shall not be an elected or appointed public official; the State Health Commissioner; and the Commissioner of Rehabilitative Services. The State Health Commissioner and the Commissioner of Rehabilitative Services may appoint designees to serve on the Advisory Board. Board members shall be appointed by the Governor. Nominations for appointments may be submitted, at the discretion of the Governor, from relevant organizations.

B. Of the initial members appointed in 1997, the Governor shall appoint two members for terms of two years, two members for terms of three years, and three members for terms of four years. Thereafter, all members shall be appointed by the Governor for terms of four years. No member shall serve more than two successive terms of four years. The chairman shall be elected from the membership of the Advisory Board for a term of one year and shall be eligible for reelection. The Advisory Board shall meet at the call of the chairman or the Commissioner.

C. The Advisory Board shall:

1. Administer, in cooperation with the Commissioner of Health, the Commonwealth Neurotrauma Initiative Trust Fund, in accordance with such regulations of the Board of Health as shall be established for the Fund;

2. Recommend to the Board of Health policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research need in accordance with the provisions of subsection B of § 32.1-73.2;

3. Review and rank or arrange for reviewers and technical advisers to review and rank grant applications for education, basic science and clinical research, and rehabilitative research and community-based rehabilitative services;

4. Report annually on October 1, to the Governor and the General Assembly, aggregate data on the operations and funding of the Commonwealth Neurotrauma Initiative Trust Fund.

D. The Advisory Board may appoint grant reviewers and other technical advisers to assist it in its duties. Such reviewers and technical advisers shall be appointed in such manner as to provide equal representation from Virginia's three medical schools. Whenever reviewers or technical advisers sit as a committee, the chairman of the Advisory Board or his designee shall serve as chairman.

§ 32.1-73.4. Procedures for grant applications.

The Board of Health shall promulgate regulations establishing procedures and policies for soliciting and receiving grant applications and criteria for reviewing and ranking such applications, including, but not limited to, goals, timelines, forms, eligibility, and mechanisms to ensure avoidance of any conflicts of interest or appearances thereof. The Board shall receive the recommendations of the Advisory Board prior to promulgating or revising any such regulations.



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