Governor signs new laws affecting emergency care, workforce and patient communication

Gov. Abigail Spanberger has signed several bills into law that carry implications for emergency physicians, hospital operations, and patient care across Virginia.

As a “how laws are made” reminder: Bills are proposed and debated in the Virginia General Assembly at the beginning of the year. Should they pass, they move to the Governor for signing, amendments, or vetoes. Most bills signed by the Governor become law on July 1.

Among the more prominent ones for emergency physicians:

DELAYING TEST RESULTS

House Bill 973 requires healthcare entities to delay the release of certain sensitive test results — including those that may indicate malignancy or genetic markers — for up to 72 hours in patient portals. Caveats: unless the disclosure of such test results is requested by the patient, is not possible due to the health care entity's electronic health records system, or such early disclosure is in the patient's best interest.

The bill permits health care entities to disclose health records to an electronic health information exchange to comply with the federal 21st Century Cures Act.

The policy is intended to give clinicians time to review and communicate complex or serious findings directly with patients, though questions remain about how it applies to imaging performed in emergency settings.

VACEP encourages members to speak to their risk management team to discuss how to properly and ethically implement this law into your protocols.

No more non-competes

Lawmakers passed legislation restricting the use of non-compete agreements for physicians and other clinicians. Under the new law, non-compete clauses will not apply to new or renewed contracts after July 1, a change aimed at improving workforce mobility and access to care. Existing agreements remain in effect until renewal, at which point the restrictions must be removed — a provision supporters say will gradually ease staffing shortages and reduce barriers to continuity of care. VACEP worked closely with the Medical Society of Virginia and Virginia Nurses Association to pass this legislation.

WORKPLACE VIOLENCE DATA REPORTING

Virginia emergency physicians on the steps of the General Assembly Building at EM Advocacy Day on January 28 in Richmond. There, they expressed support and voiced opposition for various pieces of legislation under consideration.

Among the most notable is a follow-up to last year’s workplace violence legislation. House Bill 1489 clarifies and expands reporting requirements, as hospitals continue implementing a statewide framework for documenting incidents and threats.

“VACEP and ACEP will always support policies that help stop the routine of workplace violence,” said VACEP President Joran Sequeira, MD, FACEP. “Data alone doesn’t protect healthcare staff or patients, but public reporting is meaningful progress that will hopefully translate into more transparency and accountability, greater protections, and safer working environments.”

PA INDEPENDENT PRACTICE

The Governor signed House Bill 746, which allows physician assistants with at least three years of full-time clinical experience — or 5,400 hours — to practice without a formal practice agreement. The measure includes guardrails shaped in part by VACEP, including requirements that PAs demonstrate specialty-specific collaboration with physicians and meet standardized attestation requirements.

“PAs and nurse practitioners are integral and valued members of the care team, but they do not have the training or expertise of an emergency physician,” Sequeira said. “Any person who goes to the emergency department deserves access to the highest quality care delivered by physician-led teams.”