Comments Document

January 30, 2024 Delegate Holy Seibold Chair, Technology and Innovation Subcommittee Virginia House of Delegates General Assembly Building 201 North 9th Street Richmond, VA 23219 Chair Seibold, On behalf of AdvaMed, the MedTech Association, I am writing to register our continued interest in, and potential concern with, HB 747. Artificial Intelligence (AI) advancements in the medtech industry play a major role in improving patients’ lives through innovative care, reduced healthcare costs, and improved patient outcomes. Unlike many other industries, the use of AI in medical technology is already subject to strict regulation by the FDA, which includes among its submission criteria the assessment of the mitigation of unwanted bias. Additional state regulations could negatively impact the use of AI for patient care and would likely provide no additional protections for patients. We are continuing to review this legislation and look forward to continued discussions with the author. AdvaMed is the largest medical technology association, representing the innovators and manufacturers transforming health care through earlier disease detection, less invasive procedures, and more effective treatments. Our nearly 500 members range from emerging companies to large multinationals, and include traditional device, diagnostic, medical imaging, and digital health technology companies. The emergence of AI and machine learning (ML) is transforming every sector, from retail and finance to transportation. Despite its recent emergence in public consciousness, AI is not a new concept to the Food and Drug Administration (FDA) or the medical technology (medtech) industry. Over the last 25 years, the FDA has reviewed and authorized more than 700 AI/ML medical devices – a number that continues to grow. Today, more than 80% of in-market medical technology products utilizing AI/ML perform diagnostic functions to assist clinicians in decision-making. Predominantly, these devices are not making independent decisions on diagnoses or treatment pathways; rather they provide the clinician with better data and imaging results. Further, the FDA reviews include analysis of adequate mitigation of unwanted bias and performance of the device and algorithm. Additionally, most AI/ML-enabled medical devices are cleared or approved with “locked” algorithms. While these devices collect data that will improve the algorithm for a new FDA review, the devices are not reacting to data and generating independent or changing outputs. Notably, any algorithm modifications must be approved by the FDA and the FDA’s post-market monitoring tools. Just as adverse event reporting and proscribed surveillance of medical devices, these requirements provide additional transparency. AdvaMed appreciates the opportunity to comment on this legislation and looks forward to the continued dialogue and refinement on this legislation. Sincerely, Bobby Patrick, VI Vice President, State Government, Regional Affairs, and Alliance Development AdvaMed

Comments Document

Chair Seibold and Members of the Subcommittee: On behalf of the National Association of Mutual Insurance Companies (NAMIC), please find attached a letter regarding HB 747. We thank you for your review and consideration. Respectfully, Matt Overturf Regional Vice President, State Affairs Ohio Valley/Mid-Atlantic Region

Comments Document

The Virginia Association of Chiefs of Police supports HB 775. License plate readers are an important and reliable investigation tool that have solved numerous crimes, as well as finding missing persons. The 30-day retention schedule is critical to be able to use LPR data to fully investigate and solve crimes. The attachment documents numerous cases where car thefts, abductions, violent crimes and missing person cases could only have been solved with LPR data. We believe that HB 775 has the appropriate guardrails to protect public interests while allowing law enforcement to use a valuable and reliable investigative tool.

Comments Document

Dear Chair Seibold and Members of the Subcommittee: On behalf of the National Insurance Crime Bureau, please find attached above a letter regarding HB 775. We thank you for your review and consideration. Respectfully,

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Our rural green county is plagued with high speed commuter traffic between DC and Winchester VA daily. Rte 7 is designated at 55 mph and this traffic speed is typically 70-85 mph from 6 am to 9:30 am and again from 3 pm to 7 pm daily. Our rural roads have no stop lights and we suffer accidents DAILY, many of which are fatal. My husband survived a direct rearend hit of 70 mph by an underinsured woman texting on her way to work, as he was in the left turnaround lane to go to work. 3 concussions and shoulder knee injuries are still an issue for him7 years later. His medical reflect the consequences. He is just one of many. I have suggested speed cameras with fines to slow down the high speed traffic and was told it was not possible 6 years ago. I am so grateful that it IS now possible and support the use of the new technology to save lives. Please pass these life saving bills. Thank you.

Thank you for allowing me to write on behalf of HB 1094. My name is Emily Weinstein and I am a mother of four children who have all been students in Chesterfield County Public Schools. As a parent, it would be very beneficial to know how our schools are monitoring student activity, to know what is being tracked, and to have an understanding of the software being used. I believe it is also important for me as a parent to be able to access the student data and information of my own children. I believe it is important to have the VDOE establish such requirements for schools that are using tracking software to share that information with parents - as parents truly are partners with our schools. I also feel that establishing transparency and standards could be seen as beneficial to the children and students themselves - they are up against big hurdles today to fully grasp what it means to be digitally responsible. It would be helpful to inform them and guide them as to what is okay and what is not and ensure we create positive relationships between our schools, students and families. Thank you.

My name is Adam S. Lee. I write in my personal capacity in support of HB1094. I feel strongly about the online safety of children and teenagers because I am, first and foremost, a father of three kids – each a product of Virginia public and private schools – which, in my mind (like most parents), makes me a subject matter expert in the matter at hand. Additionally, and perhaps more compellingly, in 2018, I retired as the FBI’s special agent in charge of the agency’s Richmond field office, which covers federal investigations in 82 of Virginia’s counties. Many of those investigations involved cybercrime, child exploitation, and civil rights violations. I now work in the private sector as Vice President and Chief Security Officer for one of Virginia’s largest companies, defending its enterprise network and managing user security policies. In 2022, I was appointed to the governor’s Information Technology Advisory Council and to his Secure and Resilient Commonwealth Panel in 2023. HB1094 aims to establish a predictable and transparent framework for the monitoring and reporting of student online activity while using district devices and networks. Whether it’s a company’s network, or that of a government agency or school or university, responsible monitoring of user behavior is a fundamental aspect of keeping users and those around them safe. Effective policies and tools leveraged to achieve responsible monitoring, however, must be unambiguous and known by the users and other stakeholders – in this case, Virginia’s students and their parents. Students and parents must have confidence their districts are adhering to established state monitoring guidelines - to enable trust and confidence and to ensure effective collaboration among students and parents, and our Virginia school boards. The software tools used by school districts to monitor student online activity on school-issued devices must be shared with students and parents. Parents have a right to their child’s education records - and that should include the data collected through these software tools. Parents are in the best position to support their children. I want to work - and I know the parents in my community want to work - with our schools so they can be successful in serving our kids. We cannot do that when we are not informed monitoring activity is happening or when we don’t have access to the data the schools are collecting. As you can imagine, in my career I have seen firsthand the tragic outcomes of kids not getting the help and support they needed because their parents were unaware they were under threat or in distress. This bill establishes greater transparency for students and their families and protects them from having their data used in objectional ways, or from unknowingly consenting to collection and distribution of their personal data. Thank you for allowing me to write in favor of this important effort to keep our kids safe while online at school and expanding trust between parents and our Virginia public educational system.

My name is Andrea Torres. I am writing in support of bill HB1468. I have seen the dangers this application has brought to our kids. I have a minor and I do not want to see my child being affected by the practices that users of tik tok spread with little to almost zero control. I ask respectfully to the General Assembly members in particular to the elected officials who represent Chesterfield County to vote on favor of this bill. the committee to vote on favor of this bill for the best interest of our kids. Thank you.