Senate approves bill barring extradition of Virginia providers for care legal in state

The Virginia Senate passed SB 10-98 on Feb. 3, 2025, a bill that bars the governor from signing extradition requests for people who engage in health-care activity that is lawful in Virginia, including care provided by licensed health-care providers physically present in the Commonwealth. The final, recorded vote on passage was 21 in favor and 19 opposed.

The bill’s sponsor, Senator Hashmi, said the substitute now before the chamber “simplifies” earlier language and affirms that health-care providers licensed in Virginia “are protected for any health-care activity that is permitted under the laws of the Commonwealth.” He said that protection includes care delivered by telehealth so long as the provider is authorized under Virginia law and is physically present in the Commonwealth while providing care.

Supporters told colleagues the measure was needed after examples around the country of providers facing out‑of‑state prosecution for care that was legal where it was provided. “We are in a position here in Virginia where our medical community is feeling the chilling effects of providing such care,” Hashmi told the Senate.

Opponents raised concerns about cross‑border practice and public‑safety questions. Senator Stanley (Franklin County) said the bill could allow Virginia practitioners to advertise telemedicine services to patients in states where those services would be illegal, and urged the Senate to decline the change and address the narrower issue of minors’ treatment in separate legislation. Senator Peake (Lynchburg) warned the bill could be read to shield a Virginia provider who treats a nonresident and then returns home from prosecution in the patient’s home state.

The Senate debated and rejected a committee substitute before agreeing to a floor substitute the sponsor described as narrower and simpler. The Senate later voted to suspend rules and dispense with constitutional third reading by a recorded vote of 38-0, then passed the bill on final passage, 21-19.

Votes at a glance: The Senate agreed to the floor substitute; it then engrossed the bill and the chamber voted 38-0 to dispense with the constitutional third reading. Final passage was recorded at 21-19 in favor.

The measure tasks state officials with refusing extradition when the alleged conduct consists of health‑care activity that is permitted by Virginia law and provided by a licensed health‑care provider physically present in Virginia. The bill’s language ties the protection to what is lawful in Virginia rather than creating new licensing rules.

Supporters said the measure is intended to reassure providers who may face prosecution in other states for care that Virginia permits. Opponents said it risked creating a safe harbor for conduct that other states deem criminal and urged further limits or different drafting to address cross‑jurisdictional concerns.

The bill now moves to the House of Delegates (or, depending on procedural posture, proceeds toward enrollment) for further steps required by law.

Ending: Sponsors and critics said additional drafting and future sessions may refine the measure further; for now the Senate adopted the floor substitute and passed SB 10‑98 on Feb. 3.