VirginiaSB3322026 Regular SessionSenateWALLET

Medical marijuana; administration to terminally ill patients.

Sponsored By: Barbara A. Favola (Democratic)

Became Law

Summary

Medical cannabis; administration to terminally ill patients; report. Directs the Department of Health to promulgate regulations specifying that hospital staff may store, dispense, and administer cannabis oil when a patient has valid certification and exempts such staff from criminal penalties for possession of cannabis oil. The bill directs the Department of Health to convene a work group to discuss the implementation process for providing cannabis products to patients in medical care facilities and report on its discussion to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026. This bill is identical to HB 75.

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 10 benefits, 0 costs, 1 mixed.

Better care for mothers and newborns

Hospitals with obstetrics must follow a written plan for admitting or transferring anyone who arrives in labor. Hospitals must make written discharge plans for substance-abusing postpartum women and their infants, document referrals, involve family when appropriate, and notify the local community services board when federal law allows so it can manage the plan. The Board sets and maintains clear levels of neonatal care, including staffing, equipment, and medical protocols.

Life-sustaining treatment review and rights

Hospitals that can provide life-sustaining treatment must have a policy to review if proposed care is medically and ethically appropriate. The policy must allow a second opinion, require review by a medical committee, and place a written decision in the patient record. Patients or their agents can get records and seek legal help if they give written notice to the hospital CEO within 14 days of the doctor’s documented determination.

Medical cannabis allowed in care facilities

Staff in hospitals, nursing homes, hospices, and assisted living who can handle medicines may store, dispense, and give medical cannabis oil to patients who have a valid written certification under § 4.1-1601. Those staff are not prosecuted under state drug laws for doing this. The Health Department runs a work group to write guidance and must report to the House and Senate health committee chairs by November 1, 2026.

More patient and family rights in care

Hospitals must give you a written list of patient rights at admission and must let adult patients choose their visitors, with reasonable medical limits. Nursing homes must allow in-person or virtual visits during a COVID-19 public health emergency at least once every 10 days, and hospitals and nursing homes must allow clergy visits during declared communicable-disease emergencies with safety steps. Hospitals, nursing homes, and certified facilities must let inpatients use their own smart assistant devices while protecting health privacy. If a hospital posts a minor’s records on a secure website, a parent or guardian must also get access unless the law blocks it or consent is missing. Nursing homes must disclose their admissions rules and send family-council notices to a resident’s contact up to six times a year and cannot bar family from meetings.

Nursing home safety and financial protections

Nursing homes must train mandated reporters on how to report elder abuse, neglect, or exploitation. Homes must offer residents annual flu shots and pneumococcal shots unless a doctor says no or the resident refuses. Facilities must register for nearby sex-offender registry notices and check a prospective resident’s registry status if the stay will be longer than three days. Each facility must keep at least $1,000,000 in general liability coverage per occurrence and professional liability coverage at least equal to the state recovery limit. After discharge or death, homes must refund any unspent patient funds within 30 days of a written request, except certain entrance fees to continuing care providers.

Stronger emergency care and overdose help

Emergency departments must have a licensed doctor on duty and physically present at all times. When the ER runs a urine drug screen to help diagnose you, it must test for fentanyl. Hospitals must have a refusal-to-admit protocol for psychiatric patients that includes direct doctor-to-doctor talks and, when toxicology is in doubt, poison control input if requested. ERs must use discharge plans for substance-use emergencies, including screening, follow-up care, and giving or prescribing naloxone when appropriate; hospitals may also provide naloxone to uninsured patients through agreements with the Health Department. Each ER must keep a security plan based on a risk review and have trained security or an off-duty officer if the risk shows it; the Commissioner can approve a different level of security.

Hospital workplace-violence reporting and training

Hospitals must keep a workplace-violence reporting system, record all employee reports, and ban retaliation. They must keep records at least two years with key details, send quarterly reports to the chief medical and nursing officers, and file a de-identified annual report with the Health Department that includes the number of incidents.

State facility standards, fees, and beds

The Board sets statewide health, safety, staffing, and construction standards for hospitals and nursing homes, and may license facilities by bed count and by specialty. During disasters or emergency orders, hospitals and nursing homes can add temporary beds without a new license for the length of the emergency plus 30 days if they can staff safely. The Board sets hospital and nursing-home license fees to cover inspection program costs; fees can change no more than once a year and only after a cost analysis shows expenses differ by at least 10 percent, with separate analyses for hospitals and nursing homes. Licensed hospitals, nursing homes, and certified facilities may also run adult day centers if they get the proper license.

Better discharge planning and transport notice

Before discharge, if an elective surgery is expected to need outpatient physical therapy, the hospital must tell the patient and have them pick a therapy provider. Before arranging non-emergency air transport, hospitals must give written or electronic notice that ground transport may be an option and that out-of-network air transport may leave the patient with the bill. This notice applies only when there is no emergency medical condition as defined by federal law.

Safer surgeries and clear verbal orders

Hospitals must use a smoke-evacuation system for planned surgeries that create surgical smoke. In emergencies, staff may take verbal medication or treatment orders, but the prescriber must sign within 72 hours, or another authorized person must co-sign if the original is unavailable.

Stronger hospital organ and tissue donation

Hospitals must run an organ- and tissue-donation program that follows federal and CMS rules. They must have agreements with an organ-procurement group, a tissue bank, and an eye bank, give timely death notices, train staff, and follow steps for contacting families and managing potential donors.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 247 • No: 4

Senate vote 2/26/2026

House substitute agreed to by Senate

Yes: 39 • No: 1

House vote 2/24/2026

Passed House with substitute

Yes: 97 • No: 1

House vote 2/19/2026

Reported from Health and Human Services with substitute

Yes: 20 • No: 1

Senate vote 2/10/2026

Read third time and passed Senate

Yes: 39 • No: 1

Senate vote 2/9/2026

Education and Health Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/6/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/5/2026

Reported from Education and Health with substitute

Yes: 13 • No: 0 • Other: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0556)

    4/13/2026Governor
  2. Approved by Governor-Chapter 556 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB332)

    3/2/2026Senate
  6. Bill text as passed Senate and House (SB332ER)

    3/2/2026Senate
  7. Enrolled

    3/2/2026Senate
  8. Signed by President

    3/2/2026Senate
  9. Signed by Speaker

    3/2/2026House
  10. House substitute agreed to by Senate (39-Y 1-N 0-A)

    2/26/2026Senate
  11. Passed House with substitute (97-Y 1-N 0-A)

    2/24/2026House
  12. Engrossed by House - committee substitute

    2/24/2026House
  13. committee substitute agreed to

    2/24/2026House
  14. Read third time

    2/24/2026House
  15. Read second time

    2/23/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB332)

    2/20/2026Senate
  17. Committee substitute printed 26108200D-H1

    2/19/2026House
  18. House committee offered

    2/19/2026House
  19. Reported from Health and Human Services with substitute (20-Y 1-N)

    2/19/2026House
  20. Read first time

    2/13/2026House
  21. Referred to Committee on Health and Human Services

    2/13/2026House
  22. Placed on Calendar

    2/13/2026House
  23. Read third time and passed Senate (39-Y 1-N 0-A)

    2/10/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (SB332)

    2/9/2026Senate
  25. Education and Health Substitute agreed to

    2/9/2026Senate

Bill Text

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