Del. Phil Scott

Prescriptions; off-label use. Provides that a prescriber may prescribe, administer, or dispense and a pharmacist may dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use when the prescriber or pharmacist determines, in his professional judgment, that such off-label use is appropriate for the standard of care and such prescribing, administering, or dispensing is to improve health care outcomes. The bill also prohibits a hospital from denying, revoking, terminating, diminishing, or curtailing in any way any professional or clinical privilege of any licensed health care provider with prescriptive authority or authority to dispense drugs solely on the grounds that such health care provider prescribes, administers, or dispenses a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use, provided that such prescribing, administering, or dispensing is in accordance with laws of the Commonwealth and is to improve health care outcomes.

Department of Education; policy on sexually explicit content in instructional material. Requires the Department of Education to develop and each local school board to adopt model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to (i) ensuring parental notification; (ii) directly identifying the specific instructional material and sexually explicit subjects; and (iii) permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests. The bill provides that the local school board model policies may be more comprehensive than the model policies developed by the Department. The bill requires the Department to develop such model policies no later than July 31, 2022, and requires each local school board to adopt policies consistent with this act no later than January 1, 2023. The bill states that the provisions of the bill shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.

Conformity of the Commonwealth's taxation system with the Internal Revenue Code; Rebuild Virginia grants and Paycheck Protection Program loans; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2020, to December 31, 2021. The bill also deconforms from provisions of the (i) federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, the limitation on business interest, and certain loan forgiveness and other business financial assistance and (ii) federal American Rescue Plan Act related to restaurant revitalization grants and emergency injury disaster loans received for taxable years beginning before January 1, 2021. The bill also retroactively allows up to $100,000 of the individual and corporate income tax deduction or subtraction, as applicable, for Rebuild Virginia grants and certain amounts related to Paycheck Protection Program loans to certain fiscal filers. The bill also allows full deductibility of expenses paid or incurred with forgiven Paycheck Protection Program loan proceeds and expenses paid or incurred with Economic Injury Disaster Loan program funding for taxable year 2021 and thereafter. The bill contains an emergency clause.

Renaming Director of Diversity, Equity, and Inclusion as Director of Diversity, Opportunity, and Inclusion. Renames the Director of Diversity, Equity, and Inclusion to the Director of Diversity, Opportunity, and Inclusion. The Director shall (i) develop a sustainable framework to promote inclusive practices across state government; (ii) implement a measurable, strategic plan to  increase opportunities for all Virginians; (iii) facilitate methods to turn feedback and suggestions from state employees, external stakeholders, and community leaders into  actionable opportunities; (iv) promote ideas, policies, and practices in coordination with the Secretary of Commerce and Trade to expand entrepreneurship and economic opportunities for disadvantaged Virginians, including Virginians living with disabilities; (v) facilitate bringing Virginians of different faiths together in service to their communities and the Commonwealth; (vi) promote free speech and civil discourse in civic life, including viewpoint diversity in higher education in coordination with the Secretary of Education; (vii) promote ideas, policies, and practices to eliminate disparities in prenatal care and to be an ambassador for unborn children; (viii) coordinate with the Secretary of Education to ensure the history of the United States is taught in Virginia honestly, objectively, and completely and to respond to the rights of parents in educational and curricular decision making; and (ix) perform any other responsibilities as assigned by the Governor. The bill makes similar renaming changes for the Office of Diversity, Equity, and Inclusion and the Diversity, Equity, and Inclusion Officer.

Voter registration; list maintenance; lists of decedents transmitted by State Registrar of Vital Records. Requires the State Registrar of Vital Records to transmit to the Department of Elections a weekly list of decedents from the previous week. Currently, this list is transmitted monthly. The bill requires the general registrars to use this information to conduct list maintenance and to promptly cancel the registration of a person on the list. This bill is identical to SB 211.

Absentee voting; deadline for returning absenteeballot. Requires that an absentee ballot be received before the closing of the polls on election day in order to be counted. Currently,an absentee ballot that is received after the closing of the pollsbut before noon on the third day after the election is counted ifit is postmarked on or before the date of the election.

Absentee voting; return of absentee ballots;drop-off locations. Repeals the provisions of law providing forthe establishment of drop-off locations for the return of absenteeballots.

Absentee voting in person; available beginningon the fourteenth day prior to election; hours of operation. Limits absentee voting in person to the two weeks immediately precedingan election. During these two weeks, the bill requires that absenteevoting in person be available Monday through Saturday, from 7:00 a.m. to 7:00 p.m. each day.

Elections; voter identification containing aphotograph required; permanent absentee voter list repealed.Requires presentation of a form of identification containing a photographin order to vote. The bill repeals the provisions of law permittinga voter who does not have one of the required forms of identificationto vote after signing a statement, subject to felony penalties forfalse statements, that he is the named registered voter he claimsto be. Instead, the bill provides that such voter is entitled tocast a provisional ballot. The bill also repeals the provisions oflaw by which any registered voter may apply to receive absentee ballotsfor all elections in which he is eligible to vote and remains onthe list until the voter requests in writing to be removed from thelist, the voter's registration is canceled or placed on inactivestatus pursuant to law, or the voter moves to a different addressnot in the same county or city of his registration.

Voter registration; registration permittedup to and including the day of the election. Repeals a provisionthat would permit any person who is qualified to register to voteto register to vote in person up to and including the day of theelection, notwithstanding any deadline for the close of registration records. The repeal will limit the persons who are entitled to registerto vote after the close of registration records to (i) any member of a uniformed service of the United States who is on active duty,(ii) any person residing temporarily outside of the United States,and (iii) the spouse or dependent residing with someone listed in(i) or (ii).