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SENATE BILL NO. 1393
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on )
(Patron Prior to Substitute--Senator Saslaw)
A BILL to amend and reenact §§ 53.1-10, 53.1-233, 54.1-3301, and 54.1-3410.2 of the Code of
Virginia, relating to pharmacists; compounding of drugs for use in executions.
Be it enacted by the General Assembly of Virginia:
1, That §§ 53.1-10, 53.1-233, 54.1-3301, and 54.1-3410.2 of the Code of Virginia are amended and
reenacted as follows:
§ 53.1-10. Powers and duties of Director.
The Director shall be the chief executive officer of the Department and shall have the following
duties and powers:
1. To supervise and manage the Department and its system of state correctional facilities;
2. To implement the standards and goals of the Board as formulated for local and community
correctional programs and facilities and lock-ups;
3. To employ such personnel and develop and implement such programs as may be necessary to
carry out the provisions of this title, subject to Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, and within
the limits of appropriations made therefor by the General Assembly;
4. To establish and maintain a general system of schools for persons committed to the institutions
and community-based programs for adults as set forth in §§ 53.1-67.7 and 53.1-67.8. Such system shall
include, as applicable, el 'y, dary, post- dary, career and technical education, adult, and
special education schools.
a. The Director shall employ a Superintendent who will oversee the operation of educational and
vocational programs in all institutions and community-based programs for adults as set forth in §§ 53.1-
67.7 and 53.1-67.8 operated by the Department. The Department shall be designated as a local education
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11, To designate employees of the Department with internal investigations authority to have the
same power as a sheriff or a law-enforcement officer in the investigation of allegations of criminal
behavior affecting the operations of the Department. Such employees shall be subject to any minimum
training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-
£
enforcement officers prior to
g any |; power granted under this subdivision.
Nothing in this section shall be construed to grant the Department any authority over the operation and
security of local jails not specified in any other provision of law. The Department shall investigate
allegations of criminal behavior in accordance with a written agreement entered into with the
Department of State Police. The Department shall not investigate any action falling within the authority
vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2
unless specifically authorized by the Office of the State Inspector General.
12. To make and enter into contracts with a pharmacy or outsourcing facility to compound the
drugs necessary to carry out execution by lethal injection pursuant to § 53.1-234.
§ 53.1-233. Death chamber; who to death
The Director is hereby authorized and directed to provide and maintain a permanent death
chamber and necessary appurtenant facilities within the confines of a state correctional facility. The
death chamber shall have all the necessary appliances for the proper execution of prisoners by
by b
or bination of
electrocution or by continuous i injection of a
sufficient to cause death. Any such substance shall be applied until the prisoner is pronounced dead by a
physician li d in the Comme Ith. All prisoners upon whom the death penalty has been imposed
shall be executed in the death chamber. Each ion shall be conducted by the Director or one or
more assistants designated by him.
The identities of persons designated by the Director to conduct an execution, the identities of
persons or entities engaged to compound drug products for use in the execution. the identities of persons
or entities engaged to manufacture or supply the materials used to compound drug products for use in
the execution, and any information reasonably calculated to lead to the identities of such persons,
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ial or office telephone
including, but not limited to, their names, residential or office
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numbers, and social security numbers, shall be confidential, shall be exempt from the Freedom of
Information Act (§ 2.2-3700 et seq.), and shall not be subject to discovery or introduction as evidence in
any civil proceeding unless good cause is shown.
All information relating to (i) the execution process, except information relating to the name or
amounts of the materials or components used to compound drug products for use in the execution, and
(ii) the interior of buildings devoted to the execution process and all records regarding the equipment
ym of Information Act (§ 2.2-3700 et seq.
and shall not be subject to discovery or introduction as evidence in any civil proceeding unless good
cause is shown.
Nothing in this section shall prohibit the Board of Pharmacy from inspecting or investigating a
pharmacy or outsourcing facility compounding drugs pursuant to this section or investigating a person
authorized to compound drugs pursuant to this section. Any documents or information related to any
such inspection or investigation conducted by the Board of Pharmacy shall be confidential, shall be
exempt from the Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be subject to discovery
or introduction as evidence in any civil proceeding unless good cause is shown.
§ 54.1-3301. Exceptions.
This chapter shall not be construed to:
1. Interfere with any legally qualified practitioner of dentistry, or veterinary medicine or any
physician acting on behalf of the Virginia Department of Health or local health departments, in the
compounding of his prescriptions or the purchase and possession of drugs as he may require;
2. Prevent any legally qualified practitioner of dentistry, or veterinary medicine or any
prescriber, as defined in § 54.1-3401, acting on behalf of the Virginia Department of Health or local
health departments, from administering or supplying to his patients the medicines that he deems proper
under the conditions of § 54.1-3303 or from causing drugs to be administered or dispensed pursuant to
§§ 32.1-42.1 and 54.1-3408, except that a veterinarian shall only be authorized to dispense a
compounded drug, distributed from a pharmacy, when (i) the animal is his own patient, (ii) the animal is
a companion animal as defined in regulations promulgated by the Board of Veterinary Medicine, (iii) the
