# Virginia SB738: Hospitals; emergency department physicians.

Virginia SB738, Hospitals; emergency department physicians., is a 2026 Regular Session Senate bill sponsored by Emily M. Jordan (Republican); status signed, last action 2026-04-06 (Acts of Assembly Chapter text (CHAP0297)); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-SB738-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB738
- State: Virginia
- Session: 2026 Regular Session
- Title: Hospitals; emergency department physicians.
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-16
- Last action: 2026-04-06, Acts of Assembly Chapter text (CHAP0297)
- Sponsor: Emily M. Jordan (Republican)
- Cosponsors: 0
- Touches household money: yes
- Roll calls: 7 (202 yes, 6 no in all)
- Economic provisions PRIA read: 8

## Summary

Hospitals; psychiatric emergency departments. Allows hospitals with psychiatric emergency departments located in the City of Hampton to operate without a physician on duty when certain conditions are met, including having written agreements in place with emergency medical service providers and being immediately adjacent to a non-psychiatric emergency department. The bill requires such psychiatric emergency departments to submit treatment data to the General Assembly on an annual basis by November 1. This bill is identical to HB 1318.

## Bill overview: provisions PRIA read

- Emergency drug screens must test fentanyl: benefit, low. Hospitals with emergency departments must include fentanyl testing in urine drug screens used to help diagnose a patient's condition. The rule does not require testing every emergency patient or adding fentanyl testing to every type of test.
- Parents get online hospital record access: benefit, low. Hospitals that give minors secure online access to health records must also give access to their parents or guardians. Access is not required when the hospital cannot prevent disclosure of legally withheld information. Access also is not required when legally required consent has not been given.
- Patient visits during public health emergencies: benefit, low. During COVID-19 public health emergencies, nursing homes and certified nursing facilities must provide visits at least every 10 calendar days. Their plans must follow health guidance, explain when visits are in person or virtual, and be published or communicated. Patients or their representatives c…
- Rules for patients' digital personal assistants: benefit, low. Hospitals, nursing homes, and certified nursing facilities must set and follow rules for patient-provided intelligent personal assistants during inpatient care. The rules govern permitted access and use; they do not guarantee unrestricted use. Facilities must protect health information under federa…
- Hospitals must remove smoke during surgery: benefit, low. Hospitals performing surgery must adopt a policy requiring smoke-removal systems for planned procedures likely to produce surgical smoke. Systems must capture, filter, and remove smoke where it starts, preventing contact with people's eyes or lungs.
- Physicians must staff hospital emergency departments: benefit, low. Virginia hospitals offering or advertising emergency services must always have a Virginia-licensed physician on duty and physically present. That physician must be primarily responsible for the emergency department. A psychiatric department immediately next to a medical emergency department is exem…
- Hospitals must track violence against workers: benefit, low. Hospitals must keep records of reported workplace violence against employees working on hospital premises for at least two years. Covered workers include hospital employees and health care providers credentialed or engaged to work there. Records must identify incident dates, locations, affected wor…
- Facility license fees cover inspection costs: cost, low. The Virginia Board sets hospital and nursing home license issuance, change, and renewal fees to cover licensing and inspection costs. Costs must be shared fairly among facilities, and fees support timely inspections. Fee amounts can change no more than once a year. Changes can begin only when progr…

## Sponsors and cosponsors

- Sponsor: Emily M. Jordan (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-02-27 | House | Passed House | pass | 92 | 4 |   |
| 2026-02-24 | House | Reported from Health and Human Services | pass | 20 | 2 |   |
| 2026-02-17 | Senate | Read third time and passed Senate | pass | 40 | 0 |   |
| 2026-02-16 | Senate | Committee substitute agreed to (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-13 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 36 | 0 |   |
| 2026-02-13 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-12 | Senate | Reported from Education and Health with substitute | pass | 14 | 0 | 1 |

## Actions (32)

- 2026-04-06: Acts of Assembly Chapter text (CHAP0297) (Governor)
- 2026-04-06: Approved by Governor-Chapter 297 (effective 7/1/2026) (Governor)
- 2026-03-10: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor)
- 2026-03-10: Enrolled Bill communicated to Governor on March 10, 2026 (Senate)
- 2026-03-04: Fiscal Impact Statement from Department of Planning and Budget (SB738) (Senate)
- 2026-03-04: Bill text as passed Senate and House (SB738ER) (Senate)
- 2026-03-04: Enrolled (Senate)
- 2026-03-04: Signed by President (Senate)
- 2026-03-04: Signed by Speaker (House)
- 2026-02-27: Passed House (92-Y 4-N 0-A) (House)
- 2026-02-27: Read third time (House)
- 2026-02-26: Read second time (House)
- 2026-02-24: Reported from Health and Human Services (20-Y 2-N) (House)
- 2026-02-24: Referred to Committee on Health and Human Services (House)
- 2026-02-24: Read first time (House)
- 2026-02-24: Placed on Calendar (House)
- 2026-02-22: Fiscal Impact Statement from Department of Planning and Budget (SB738) (Senate)
- 2026-02-17: Read third time and passed Senate (40-Y 0-N 0-A) (Senate)
- 2026-02-16: Committee substitute agreed to (Voice Vote) (Senate)
- 2026-02-16: Engrossed by Senate - committee substitute (Voice Vote) (Senate)
- 2026-02-16: Read second time (Senate)
- 2026-02-13: Passed by for the day Block Vote (Voice Vote) (Senate)
- 2026-02-13: Constitutional reading dispensed Block Vote (on 1st reading) (36-Y 0-N 0-A) (Senate)
- 2026-02-13: Rules suspended (Senate)
- 2026-02-12: Committee substitute printed 26106705D-S1 (Senate)
- 2026-02-12: Senate committee offered (Senate)
- 2026-02-12: Reported from Education and Health with substitute (14-Y 0-N 1-A) (Senate)
- 2026-02-06: Assigned Education sub: Health Professions (Senate)
- 2026-02-06: Senate subcommittee offered (Senate)
- 2026-01-22: Fiscal Impact Statement from Department of Planning and Budget (SB738) (Senate)
- 2026-01-16: Referred to Committee on Education and Health (Senate)
- 2026-01-16: Presented and ordered printed 26104945D (Senate)

## Bill text

- Chaptered, 2026-04-06: [HTML](https://lis.blob.core.windows.net/files/1217387.HTML), [PDF](https://lis.blob.core.windows.net/files/1217386.PDF)
- Enrolled, 2026-03-04: [HTML](https://lis.blob.core.windows.net/files/1188731.HTML), [PDF](https://lis.blob.core.windows.net/files/1188730.PDF)
- Substitute, 2026-02-12: [HTML](https://lis.blob.core.windows.net/files/1144971.HTML), [HTML](https://lis.blob.core.windows.net/files/1132279.HTML), [PDF](https://lis.blob.core.windows.net/files/1144970.PDF), [PDF](https://lis.blob.core.windows.net/files/1132278.PDF)
- Introduced, 2026-01-16: [HTML](https://lis.blob.core.windows.net/files/1092235.HTML), [PDF](https://lis.blob.core.windows.net/files/1092234.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1217387.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1217386.PDF)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1188731.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1188730.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1144971.HTML)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1132279.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1144970.PDF)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1132278.PDF)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1092235.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1092234.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-SB738-2026 (as of 2026-10-12).