Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of a human infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of the bill is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of a human infant who has been born alive following an attempt to terminate a pregnancy and for the immediate reporting to law enforcement of any failure to provide such required treatment and care.

Autopsies; decedents in the custody of Department of Corrections. Requires, if a decedent is an inmate in the custody of the Department of Corrections, that an autopsy be performed by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the State Health Commissioner has entered into an agreement. The bill has a delayed effective date of January 1, 2024.

Office of the Children's Ombudsman. Repeals the Children's Advocacy Fund, created to support the Office of the Children's Ombudsman (Office), as general funds are used to fund the Office. The definition of "abused and neglected child" is amended to match the definition in Title 63.2. The bill removes the authority previously granted to the Office to investigate "adoption attorneys." The bill also clarifies that the Office is exempt from the Virginia Freedom of Information Act. Finally, the bill contains several technical amendments.

Physician assistants; practice agreement exemption; elimination of practice ratio for physicians and physician assistants. Allows physician assistants practicing in hospitals, certain facilities operated by the Department of Behavioral Health and Developmental Services, or federally qualified health centers designated by the Centers for Medicare and Medicaid Services to practice without a practice agreement if the credentialing and privileging requirements of the applicable facility include a practice arrangement, as described in the bill. The bill also eliminates the practice ratio for physicians and physician assistants; under current law, patient care team physicians and patient care team podiatrists are not allowed to collaborate or consult with more than six physician assistants at any one time. Physician assistants; practice agreement exemption; elimination of practice ratio for physicians and physician assistants. Allows physician assistants practicing in hospitals, certain facilities operated by the Department of Behavioral Health and Developmental Services, or federally qualified health centers designated by the Centers for Medicare and Medicaid Services to practice without a practice agreement if the credentialing and privileging requirements of the applicable facility include a practice arrangement, as described in the bill. The bill also eliminates the practice ratio for physicians and physician assistants; under current law, patient care team physicians and patient care team podiatrists are not allowed to collaborate or consult with more than six physician assistants at any one time.

Unmanned aircraft systems; trespass over correctional facilities; penalty. Prohibits any unmanned aircraft system from (i) dropping any item within the boundaries of or (ii) obtaining any videographic or still image of any identifiable inmate or resident at any state or local correctional facility or juvenile correctional center without consent or authorization. A violation of this prohibition is a Class 1 misdemeanor.

Business park electric infrastructure program. Makes permanent and amends certain provisions of the Code related to the business park electric infrastructure program conducted by the Virginia Economic Development Partnership. The bill requires that the program be conducted in the service territory or transmission zone of each Phase I and Phase II Utility and permits costs incurred by the utility in installing the business park electric infrastructure to be recovered pursuant to a rate adjustment clause approved by the State Corporation Commission. The bill also requires a utility to obtain a certificate from the Commission prior to constructing business park electric infrastructure and requires the Commission to institute a rulemaking proceeding by September 1, 2023, to establish requirements for the program.

Public institutions of higher education; transparency. Imposes several requirements on governing boards of public institutions of higher education relating to transparency, including requirements to (i) report by September 1 of each year to the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and Education and Health (a) the number of executive staff members, including all administrative staff directly reporting to the chief executive officer of such institution, employed by such institution or any educational foundation associated with such institution and the salary and compensation of each such executive staff member and (b) the total value of any contract with any outside individual or entity to provide lobbying services for the institution; (ii) record video of each meeting of the full board and its committees and make publicly available on the institution's website in a position of prominence a link that permits any member of the public to livestream each meeting of the full board and its committees and, within 10 business days after the date of any meeting of the full board or any of its committees, view video recordings for each such meeting; and (iii) prior to any vote to enter into or renew a contract for the employment of the chief executive officer of the institution, hold a public meeting to provide an opportunity for written, virtual, and in-person public comment on such contract at least 120 days prior to any such meeting at which it will vote to enter into or renew such contract and provide notice of such public meeting in accordance with relevant law. The bill also requires each public institution of higher education to make publicly available on the institution's website in a position of prominence and present annually to the governing board of the institution an annual report regarding foundations associated with the institution setting forth foundation expenses that includes the percentage of expenditures used for government relations and lobbying activities and compensation of the chief executive officer and the total expenditures used for executive or administrative compensation for each department. Public institutions of higher education; transparency. Imposes several requirements on governing boards of public institutions of higher education relating to transparency, including requirements to (i) report by September 1 of each year to the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and Education and Health (a) the number of executive staff members, including all administrative staff directly reporting to the chief executive officer of such institution, employed by such institution or any educational foundation associated with such institution and the salary and compensation of each such executive staff member and (b) the total value of any contract with any outside individual or entity to provide lobbying services for the institution; (ii) record video of each meeting of the full board and its committees and make publicly available on the institution's website in a position of prominence a link that permits any member of the public to livestream each meeting of the full board and its committees and, within 10 business days after the date of any meeting of the full board or any of its committees, view video recordings for each such meeting; and (iii) prior to any vote to enter into or renew a contract for the employment of the chief executive officer of the institution, hold a public meeting to provide an opportunity for written, virtual, and in-person public comment on such contract at least 120 days prior to any such meeting at which it will vote to enter into or renew such contract and provide notice of such public meeting in accordance with relevant law. The bill also requires each public institution of higher education to make publicly available on the institution's website in a position of prominence and present annually to the governing board of the institution an annual report regarding foundations associated with the institution setting forth foundation expenses that includes the percentage of expenditures used for government relations and lobbying activities and compensation of the chief executive officer and the total expenditures used for executive or administrative compensation for each department.

Siting of data centers; impacts on resources; site assessment. Provides that any local government land use application required for the siting of a data center shall only be approved in areas where the data center (i) will have a minimal impact on historic, agricultural, and cultural resources and (ii) will not be within one mile of a national park or state park or other historically significant site. The bill also requires that prior to any such approval, a site assessment shall be performed to examine the effect of the data center on water usage and carbon emissions as well as any impacts on agricultural resources.

Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication. Clarifies that when a mental or physical condition appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition appearing to be a result of intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.

Commending Ann Pesiri Swanson.

Celebrating the life of the Reverend Carl Douglas Farmer.

Hunting deer; establish continuous open season. Establishes a continuous open season for hunting deer with any weapon permitted by law. In current law, the Board of Wildlife Resources adopts regulations that prescribe regular open and closed seasons for hunting deer. The bill retains the power granted to the Board to close or shorten a season for hunting (i) whenever extreme weather threatens the welfare of wild birds, wild animals, or fish; (ii) whenever such wild birds, wild animals, or fish have been seriously affected by adverse weather conditions; (iii) when investigation of the Board shows that there is an unusual scarcity of any species; or (iv) when there is substantial demand from any county or city.

Alcoholic beverage control; mixed beverage carrier license; airport passenger lounge. Allows mixed beverage carrier licenses to be granted to financial institutions, subsidiaries of a financial institution, and certain persons under contract with a financial institution or subsidiary that are operating a passenger lounge located within an airport in the Commonwealth, which would authorize the licensee to sell and serve mixed beverages to ticketed air carrier passengers in designated areas of such passenger lounge. The bill contains an emergency clause.

Prescription for controlled substance; practitioner-patient relationship; telemedicine. Allows a practitioner to establish a bona fide practitioner-patient relationship through asynchronous interaction for the purpose of prescribing a Schedule VI controlled substance if the patient chooses not to seek reimbursement by a health plan or carrier for the prescribing and if such prescribing complies with federal requirements for the practice of telemedicine. Prescription for controlled substance; practitioner-patient relationship; telemedicine. Allows a practitioner to establish a bona fide practitioner-patient relationship through asynchronous interaction for the purpose of prescribing a Schedule VI controlled substance if the patient chooses not to seek reimbursement by a health plan or carrier for the prescribing and if such prescribing complies with federal requirements for the practice of telemedicine.

Renewable energy; offshore wind development. Provides that for the life of offshore wind facilities constructed by a Phase II Utility, customers shall be held harmless for any shortfall in energy production below an annual net capacity factor of 42 percent, as measured on a three-year rolling average and as determined by the State Corporation Commission.