HB657: HB657 Mental health; qualifications of recovery community organizations for substance use; provide

26 LC 60 0359S The Senate Committee on Health and Human Services offered the following substitute to HB 657: A BILL TO BE ENTITLED AN ACT To amend Titles 16, 19, 31, 48, and 49 of the Official Code of Georgia Annotated, relating1 to crimes and offenses, domestic relations, health, revenue and taxation, and social services,2 respectively, so as to modernize and update provisions relative to duties or functions of the3 Department of Public Health; to eliminate certain powers of sta te regulatory boards4 governing prescribers relative to the prescription drug monitor ing program database; to5 eliminate certain requirements of the Department of Public Health relative to the testing and6 certification of such database; to repeal provisions relative to the Electronic Database Review7 Advisory Committee; to repeal provisions relative to the prepar ation and distribution of8 informational materials regarding AIDS, HIV, testing for sickle cell disease, and marriage;9 to revise provisions relative to hearing screenings of newborns ; to eliminate reporting10 requirements of certain entities permitted to administer auto-i njectable epinephrine; to11 eliminate certain duties of the Department of Public Health rel ative to establishing12 requirements for the storage and oversight of such drugs; to re peal provisions relative to a13 pilot program for home visitation during pregnancy and early ch ildhood; to revise certain14 reporting requirements of the Department of Public Health regarding a program providing15 healthcare services to low-income residents; to revise certain reporting requirements of such16 department relative to certified stroke centers; to condition r eporting requirements of the17 Office of Cardiac Care on appropriations; to eliminate certain reporting requirements of the18 - 1 - 26 LC 60 0359S Department of Public Health relative to infants born with neonatal abstinence syndrome; to19 repeal provisions relative to the Cancer Advisory Committee; to eliminate the cancer control20 officer position; to revise certain duties of the commissioner relative to a program for cancer21 prevention, control, and treatment; to repeal the "Osteoporosis Prevention and Treatment22 Education Act"; to revise provisions related to the establishment of a network of postnatal23 tissue and fluid banks; to repeal provisions relative to the Georgia Commission for Saving24 the Cure; to eliminate optional taxpayer contributions to stem cell research; to repeal25 provisions relative to the Arthritis Prevention and Control Program; to transfer certain duties26 of the Department of Community Health relative to programs for home delivered meals to27 the Department of Public Health; to make conforming changes; to amend Title 37 of the28 Official Code of Georgia Annotated, relating to mental health, so as to require certification29 of peer specialists by the department; to provide for such cert ification; to provide for30 certification eligibility; to provide for definitions; to provide for the mission, membership,31 and qualifications of recovery community organizations for substance use; to designate one32 state-wide recovery community organization; to make conforming changes; to provide for33 related matters; to provide an effective date; to repeal confli cting laws; and for other34 purposes.35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:36 PART I37 SECTION 1-1.38 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is39 amended by revising Code Section 16-13-57, relating to a progra m to record prescription40 information into electronic data base and administration and oversight, as follows:41 - 2 - 26 LC 60 0359S "16-13-57.42 (a) As used in this part, the term:43 (1) 'Department' means the Department of Public Health.44 (2) 'PDMP' means the prescription drug monitoring program data base database.45 (b) Subject to funds as may be appropriated by the General Ass embly or otherwise46 available for such purpose, the department shall, in consultati on with members of the47 Georgia Composite Medical Board, the State Board of Pharmacy, and the agency, establish48 and maintain a program to electronically record into an electro nic PDMP prescription49 information resulting fro m the dispensing of Schedule II, III, IV, or V controlled50 substances and to electronically review such prescription information that has been entered51 into such data base database. The purpose of such PDMP shall be to assist in the reduction52 of the abuse of controlled substances; to improve, enhance, and encourage a better quality53 of healthcare by promoting the proper use of medications to treat pain and terminal illness;54 to reduce duplicative prescribing and overprescribing of controlled substance practices for55 health oversight purposes; and to gather data for epidemiologic al research. The PDMP56 shall be administered by the department.57 (c)(1) Each prescriber who has a DEA registration number shall enroll to become a user58 of the PDMP as soon as possible, and no later than January 1, 2018; provided, however,59 that prescribers who attain a DEA registration number after such date shall enroll within60 30 days of attaining such credentials. A prescriber who violates this subsection shall be61 held administratively accountable to the state regulatory board governing such prescriber62 for such violation.63 (2) Any state regulatory board governing prescribers shall have the discretion to rescind64 any consent orders or other disciplinary actions that were entered into or imposed prior65 to April 26, 2019, for a violation of paragraph (1) of this subsection after review based66 on, but not limited to, the following factors: subsequent compliance with paragraph (1)67 of this subsection; compliance with the terms of the consent order or other disciplinary68 - 3 - 26 LC 60 0359S action; and whether such prescriber has had previous infraction s o f o t h e r l a w s o r69 regulations relating to his or her licensure. The authority granted under this paragraph70 shall expire on December 31, 2019.71 (3)(2) On and after April 26, 2019, for F o r purposes of this subsection, the term72 'administratively accountable' shall mean a warning or the imposition of a fine, but any73 such fine shall not be considered a disciplinary action against the licensee.74 (d) Between January 1, 2018, and May 31, 2018, the department shall randomly test the75 PDMP to determine if it is accessible and operational 99.5 perc ent of the time. If the76 department determines that the PDMP meets such standard, then between June 1, 2018, and77 June 20, 2018, the department shall certify in writing to each board that governs prescribers78 that it is operational. Each board that governs prescribers shall publish such information79 on its website."80 SECTION 1-2.81 Said title is further amended by revising Code Section 16-13-61 , relating to Electronic82 Database Review Advisory Committee, members, terms, officers, p rocedure, and83 compensation, as follows:84 "16-13-61.85 (a) There is established an Electronic Database Review Advisor y Committee for the86 purposes of consulting with and advising the department on matt ers related to the87 establishment, maintenance, and operation of how prescriptions are electronically reviewed88 pursuant to this part. This shall include, but shall not be li mited to, data collection,89 regulation of access to data, evaluation of data to identify be nefits and outcomes of the90 reviews, communication to prescribers and dispensers as to the intent of the reviews and91 how to use the PDMP, and security of data collected.92 (b) The advisory committee shall consist of 12 members as follows:93 (1) A representative from the agency;94 - 4 - 26 LC 60 0359S (2) A representative from the Georgia Composite Medical Board;95 (3) A representative from the Georgia Board of Dentistry;96 (4) A representative with expertise in personal privacy matter s, appointed by the97 president of the State Bar of Georgia;98 (5) A representative from a specialty profession that deals in addictive medicine,99 appointed by the Georgia Composite Medical Board;100 (6) A pain management specialist, appointed by the Georgia Composite Medical Board;101 (7) An oncologist, appointed by the Georgia Composite Medical Board;102 (8) A representative from a hospice or hospice organization, appointed by the Georgia103 Composite Medical Board;104 (9) A representative from the State Board of Optometry;105 (10) The consumer member appointed by the Governor to the State Board of Pharmacy106 pursuant to subsection (b) of Code Section 26-4-21;107 (11) A pharmacist from the State Board of Pharmacy; and108 (12) A representative from the Department of Public Health.109 (c) Each member of the advisory committee shall serve a three- year term or until the110 appointment and qualification of such member's successor.111 (d) The advisory committee shall elect a chairperson and vice chairperson from among its112 membership to serve a term of one year. The vice chairperson s hall serve as the113 chairperson at times when the chairperson is absent.114 (e) The advisory committee shall meet at the call of the chairperson or upon request by at115 least three of the members and shall meet at least one time per year. Five members of the116 committee shall constitute a quorum.117 (f) The members shall receive no compensation or reimbursement of expenses from the118 state for their services as members of the advisory committee. Reserved."119 - 5 - 26 LC 60 0359S SECTION 1-3.120 Said title is further amended by revising paragraph (a)(2) of Code Section 16-13-63, relating121 to liability, review of PDMP data when filing certain prescriptions, and cause of action for122 civil damages, as follows:123 "(2)(A) On and after July 1, 2018, when a prescriber is prescri bing a controlled124 substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines,125 he or she shall seek and review information from the PDMP the f irst time he or she126 issues such prescription to a patient and thereafter at least once every 90 days, unless127 the:128 (i) Prescription is for no more than a three-day supply of such substance and no more129 than 26 pills;130 (ii) Patient is in a hospital or healthcare facility, includin g, but not limited to, a131 nursing home, an intermediate care home, a personal care home, or a hospice132 program, which provides patient care and prescriptions to be administered and used133 by a patient on the premises of the facility;134 (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and135 the prescription is for no more than a ten-day supply of such substance and no more136 than 40 pills;137 (iv) Patient is terminally ill or under the supervised care of an outpatient hospice138 program; or139 (v) Patient is receiving treatment for cancer.140 (B) This paragraph shall not become effective unless the depar tment's certification141 required by subsection (d) of Code Section 16-13-57 has been issued.142 (C)(B) A prescriber who violates this paragraph shall be held admini stratively143 accountable to the state regulatory board governing such prescriber but shall not be held144 civilly liable for damages to any person in any civil or admini strative action or145 criminally responsible for injury, death, or loss to person or property on the basis that146 - 6 - 26 LC 60 0359S such prescriber did or did not seek or obtain information from such data base database147 when prescribing such substance."148 SECTION 1-4.149 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is150 amended by revising Code Section 19-3-35.1, relating to AIDS brochures, listing of HIV test151 sites, and acknowledgment of receipt, as follows:152 "19-3-35.1.153 (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have154 the meaning provided for such term in Code Section 31-22-9.1.155 (b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and156 the dangers, populations at risk, risk behaviors, and prevention measures relating thereto.157 That department shall also prepare a listing of sites at which confidential and anonymous158 HIV tests are provided without charge. That department shall further prepare a form for159 acknowledging that the brochures and listings have been receive d, as required by160 subsection (c) of this Code section. The brochures, listings, and forms prepared by the161 Department of Public Health (formerly known as the Department of Human Resources for162 these purposes) under this subsection shall be prepared and furnished to the office of each163 judge of the probate court no later than October 1, 1988.164 (c) On and after October 1, 1988, each person who makes applic ation for a marriage165 license shall receive from the office of the probate judge at the time of the application the166 AIDS brochure and listing of HIV test sites prepared and furnis hed pursuant to167 subsection (b) of this Code section. On and after October 1, 1 988, no marriage license168 shall be issued unless both the proposed husband and the propos ed wife sign a form169 acknowledging that both have received the brochure and listing. Reserved."170 - 7 - 26 LC 60 0359S SECTION 1-5.171 Said title is further amended by revising Code Section 19-3-40, relating to blood test for172 sickle cell disease and information to be provided, as follows:173 "19-3-40.174 (a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood175 test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.176 (b) The Department of Public Health shall prepare information for public dissemination177 on the department's website describing the importance of obtaining a blood test for sickle178 cell disease and explaining the causes and effects of such disease. Such information shall179 recommend that each applicant applying for a marriage license o btain a blood test for180 sickle cell disease prior to obtaining a marriage license. Suc h information may also be181 provided as a brochure or other document. The department shall make such information182 available in electronic format to the probate courts of this st ate which shall disseminate183 such information to all persons applying for marriage licenses. Reserved."184 SECTION 1-6.185 Said title is further amended by revising Code Section 19-3-41, relating to Department of186 Public Health marriage manual, distribution, and rules and regulations, as follows:187 "19-3-41.188 (a) The Department of Public Health shall prepare a marriage manual for distribution by189 the judge of the probate court or his clerk to all applicants f or a marriage license. The190 manual shall include, but shall not be limited to, material on family planning.191 (b) The manual provided for in subsection (a) of this Code section shall be issued by the192 judge of the probate court or his clerk to applicants for a marriage license at the same time193 the marriage license is issued.194 (c) The Department of Public Health shall promulgate rules and regulations to implement195 this Code section.196 - 8 - 26 LC 60 0359S (d) In order to be nonsectarian, the manual will include resource referral information for197 those who might have questions regarding religious beliefs in t he areas covered by the198 marriage manual. Reserved."199 SECTION 1-7.200 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising201 subsection (e) of Code Section 31-1-3.2, relating to hearing sc reenings for newborns, as202 follows:203 "(e) It is the intent of the General Assembly that, by July 1, 2002, newborn hearing204 screening be conducted on no fewer than 95 percent of all newbo rn infants born in205 hospitals in this state, using procedures established by rule and or regulation of the Board206 of Public Health after review of any recommendations of the adv isory committee on207 hearing in newborn infants, created in former subsection (d) of this Code section. Toward208 that end, on and after July 1, 2001, every department. Every licensed or certified hospital209 and physician shall educate the parents of newborn infants born in such hospitals of the210 importance of screening the hearing of newborn infants and foll ow-up care. Education211 shall not be considered a substitute for the hearing screening described in this subsection.212 Every licensed or permitted hospital shall report annually to t he Department of Public213 Health concerning the following number of newborn infants:214 (1) Born The number of newborn infants born in the hospital;215 (2) Screened The number of newborn infants screened;216 (3) Who The number of newborn infants who passed the screening, if administered; and217 (4) Who The number of newborn infants who did not pass the screening, if218 administered."219 - 9 - 26 LC 60 0359S SECTION 1-8.220 Said title is further amended by repealing subsections (f) and (g) of Code Section 31-1-15,221 relating to use of auto-injectable epinephrine by authorized entities.222 SECTION 1-9.223 Said title is further amended by revising Code Section 31-2A-19, relating to pilot program224 for home visitation during pregnancy and early childhood, repor ting, and funding225 requirement, as follows:226 "31-2A-19.227 (a) The Department of Public Health shall conduct a pilot prog ram to provide home228 visiting in at-risk and underserved rural communities during pregnancy and early childhood229 to improve birth outcomes, reduce preterm deliveries, and decre ase infant and maternal230 mortality.231 (b) No later than December 31, 2024, the department shall submit a detailed written report232 on the implementation and effectiveness of the pilot program to the Governor, the Speaker233 of the House of Representatives, the President of the Senate, a nd the chairpersons of the234 House Committee on Public Health and the Senate Health and Human Services Committee.235 Such report shall also include recommendations as to expansion of the pilot program state236 wide.237 (c) This Code section shall be contingent upon appropriations made by the General238 Assembly specifically for the department for such purposes. Reserved."239 SECTION 1-10.240 Said title is further amended by revising Code Section 31-8-198, relating to annual report,241 as follows:242 - 10 - 26 LC 60 0359S "31-8-198.243 Annually, the department shall report to the President of the S enate, the Speaker of the244 House of Representatives, the minority leaders of each house, a nd chairpersons of the245 House Public and Community Health and Human Services Committee and the Senate246 Health and Human Services Committee, summarizing the efficacy of access and treatment247 outcomes access points of service and utilization data with respect to providing health care248 healthcare services for low-income persons pursuant to this article."249 SECTION 1-11.250 Said title is further amended by revising subsection (d) of Code Section 31-11-114, relating251 to grants and report, as follows:252 "(d) Subject to appropriations, the The department shall annually prepare and submit to the253 Governor, the President of the Senate Lieutenant Governor, the Speaker of the House of254 Representatives, and the chairpersons of the House Committee on Public and Community255 Health and Human Services and the Senate Health and Human Services Committee for256 distribution to its committee members a report indicating the total number of hospitals that257 have applied for grants pursuant to this Code section, the number of applicants that have258 been determined by the department to be eligible for such grants, the total number of grants259 to be awarded, the name and address of each grantee hospital, the amount of the award to260 each grantee, and the amount of each award to be disbursed to the grantee."261 SECTION 1-12.262 Said title is further amended by revising subsection (d) of Code Section 31-11-135, relating263 to grants to hospitals and reporting, as follows:264 "(d) Subject to appropriations, the The office shall annually prepare and submit to the265 Office of Health Strategy and Coordination a report indicating the total number of hospitals266 that have applied for grants pursuant to this Code section, the number of applicants that267 - 11 - 26 LC 60 0359S have been determined by the office to be eligible for such grants, the total number of grants268 to be awarded, the name and address of each grantee, and the amount of the award to each269 grantee."270 SECTION 1-13.271 Said title is further amended by revising subsection (a.1) of Code Section 31-12-2, relating272 to required reporting of certain health conditions that may pose substantial risk and required273 reporting of neonatal abstinence syndrome, as follows:274 "(a.1)(1) As used in this subsection, the term 'neonatal abstin ence syndrome' means a275 group of physical problems that occur in a newborn infant who was exposed to addictive276 illegal or prescription drugs while in the mother's womb.277 (2) The department shall require notice and reporting of incidents of neonatal abstinence278 syndrome. A health care healthcare provider, coroner, or medical examiner, or any other279 person or entity the department determines has knowledge of dia gnoses or health280 outcomes related, directly or indirectly, to neonatal abstinenc e syndrome shall report281 incidents of neonatal abstinence syndrome to the department. T he department shall282 provide an annual report to the President of the Senate, the Sp eaker of the House of283 Representatives, the chairperson of the House Committee on Health and Human Services,284 and the chairperson of the Senate Health and Human Services Committee. Such annual285 report shall include any department findings and recommendations on how to reduce the286 number of infants born with neonatal abstinence syndrome."287 SECTION 1-14.288 Said title is further amended by revising Code Section 31-15-3, relating to Cancer Advisory289 Committee, as follows:290 - 12 - 26 LC 60 0359S "31-15-3.291 (a) The Governor shall appoint a Cancer Advisory Committee to advise the department in292 the administration of this chapter. The committee shall establish priorities and recommend293 relative budgets for the various purposes of this chapter as described below.294 (b) The Cancer Advisory Committee shall consist of 18 members appointed by the295 Governor as follows:296 (1) Four members representing medical schools as follows: The term of office of those297 two members appointed from a list of names submitted to the Governor by the deans of298 the medical schools located within this state, which members ar e serving as such on299 June 30, 1985, shall expire on that date and upon the appointment and qualification of the300 first two members appointed by the Governor in 1985 pursuant to this paragraph. On and301 after July 1, 1985, four membership positions on the committee shall represent the four302 medical schools, whether public or private, located within this state. The deans of those303 schools shall each submit to the Governor a list of three names and the Governor shall304 appoint one member from each of those four lists;305 (2) Two members shall be appointed by the Governor from a list of six names submitted306 to him by the chief executive officers of the hospitals or canc er clinics located within307 Georgia which are equipped to provide modern treatment for pati ents suffering from308 cancer;309 (3) Two members shall be appointed by the Governor from a list of six names submitted310 to him by the Medical Association of Georgia;311 (4) Two members shall be appointed by the Governor from a list of six names submitted312 to him by the American Cancer Society, Georgia Division;313 (5) The term of office of the two members appointed from the list of names submitted314 to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon315 July 1, 1985, and such two membership positions shall thereafter be abolished;316 - 13 - 26 LC 60 0359S (6) One member shall be appointed by the Governor from a list of three names submitted317 to him by the Georgia Claims Association and the Georgia Chapte r of the Health318 Insurance Association of America;319 (7) One member shall be appointed by the Governor from a list of three names submitted320 to him by the director of the Georgia Vocational Rehabilitation Agency;321 (8) Two members shall be selected by the Governor from the general public;322 (9) One member shall be appointed by the Governor from a list of three names submitted323 to him by the Georgia Nurses Association;324 (10) One member shall be appointed by the Governor from a list of three names325 submitted to him by the Georgia Association of Pathologists;326 (11) One member shall be appointe d by the Governor from a list of three names327 submitted to him by the Georgia State Medical Association; and328 (12) One member shall be appointed by the Governor from a list of three names329 submitted to him by the Georgia Pharmaceutical Association.330 (c) The persons whose names are submitted to the Governor by the medical colleges, the331 hospitals, the Medical Association of Georgia, the Georgia State Medical Association, and332 the Georgia Association of Pathologists shall all be physicians licensed to practice333 medicine under the laws of Georgia, and the persons whose names are submitted by the334 Medical Association of Georgia and the Georgia State Medical As sociation shall all be335 actively engaged in the practice of medicine. The persons whose names are submitted to336 the Governor by the Georgia Nurses Association shall all be registered professional nurses337 licensed to practice nursing under the laws of Georgia. All pe rsons whose names are338 submitted to the Governor by the Georgia Pharmaceutical Association shall be registered339 pharmacists licensed to practice pharmacy under the laws of Georgia.340 (d) The Governor shall appoint the initial members for staggered terms as follows: three341 shall be appointed for terms to expire on December 31, 1977; three shall be appointed for342 terms to expire on December 31, 1978; three shall be appointed for terms to expire on343 - 14 - 26 LC 60 0359S December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980.344 Thereafter, their successors shall be appointed for terms of fo ur years, and until their345 successors are appointed and qualified, to begin on the expiration of the respective terms346 of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for347 the unexpired term in the same manner that other appointments a re made. Those initial348 members added to the committee in 1985 shall be appointed for i nitial terms beginning349 July 1, 1985, and expiring December 31, 1989, and upon the appointment and qualification350 of their respective successors. Thereafter, their successors shall be appointed for terms of351 four years and until their respective successors are appointed and qualified, such terms to352 begin on the expiration of the respective terms of office.353 (e) The Cancer Advisory Committee shall meet as often as the c ommissioner deems354 necessary but not less than twice each year. Reserved."355 SECTION 1-15.356 Said title is further amended by revising Code Section 31-15-4, relating to cancer control357 officer, as follows:358 "31-15-4.359 The commissioner shall appoint a cancer control officer. The cancer control officer shall360 be a physician licensed to practice medicine under Chapter 34 o f Title 43 and shall be361 knowledgeable in the field of medicine covered by this chapter. He or she shall administer362 the cancer program for the Department of Public Health in compliance with this chapter.363 He or she shall be provided an office with clerical and adminis trative assistance to carry364 out this program. Reserved."365 SECTION 1-16.366 Said title is further amended by revising Code Section 31-15-5, relating to duties of367 commissioner, as follows:368 - 15 - 26 LC 60 0359S "31-15-5.369 The commissioner, with the advice of the Cancer Advisory Committee, shall:370 (1) Develop standards for determining eligibility of patients for care and treatment under371 this program, set standards for the equipping and staffing of c ancer clinics located372 strategically throughout the state and so placed that patients requiring treatment will not373 have to travel more than 75 miles to secure such treatment. When the clinics meet such374 standards, they shall be certified by the department. Patients treated at uncertified cancer375 clinics shall not be eligible for state aid for reimbursement;376 (2) In the event that federal grant programs become available for patient care, the377 commissioner may allocate state matching funds in whatever depa rtment of state378 government they may be administered so as to maximize the total funds available and to379 obtain funding needed by the specific patient population which is declared eligible. 380 These programs include but are not restricted to Medicaid, crippled children's services,381 and vocational rehabilitation;382 (3) Extend financial aid to persons suffering from cancer to e nable them to obtain the383 medical, nursing, pharmaceutical, and technical services necess ary in caring for such384 disease. Criteria and procedures for financial aid will be dev eloped by the Division of385 Physical Health in accordance with the principle that pauperization of a functional family386 unit will subvert the rehabilitative purposes of this program and will be more costly to the387 state in the long run department;388 (4) Assist in the development and expansion, by grant or by contract, of programs for the389 care and treatment of persons suffering from cancer so that the most efficient and390 effective treatment may be offered to the patients certified as eligible;391 (5) Assist in the development of programs for the prevention of cancer;392 (6) Assist in the development and execution of programs for th e early detection of393 cancer, such as breast self-examination for breast cancer and t he Papanicolaou test for394 cancer of the cervix;395 - 16 - 26 LC 60 0359S (7) Institute and support, directly or through health organizations such as the American396 Cancer Society and the Georgia Cancer Management Network Center for Oncology397 Research and Education, educational programs for physicians, providers of health care398 healthcare providers, and the public concerning cancer, including the dissemination of399 information regarding prevention, early detection, and treatment; and400 (8) Support a state-wide registry of all patients treated in c ertified cancer clinics401 diagnosed with cancer in order to evaluate the nature and extent of the incidence of402 cancer and the effectiveness of treatment."403 SECTION 1-17.404 Said title is further amended by repealing and reserving Chapte r 42, the "Osteoporosis405 Prevention and Treatment Education Act."406 SECTION 1-18.407 Said title is further amended by revising Code Section 31-46-3, relating to Newborn408 Umbilical Cord Blood Bank for postnatal tissue and fluid, creat ion, and donations and409 information concerning donations, as follows:410 "31-46-3.411 (a) Public Not later than June 30, 2008, the Georgia Commission for Saving the Cure, as412 created in Code Section 31-46-4, shall establish a network of p ostnatal tissue and fluid413 banks in partnership with one or more public or private colleges or universities, public or414 private hospitals, nonprofit organizations, or private firms in this state may establish a415 network of postnatal tissue and fluid banks for the purpose of collecting and storing416 postnatal tissue and fluid. The bank network, which shall be k nown as the Newborn417 Umbilical Cord Blood Bank, shall make such tissue and fluid ava ilable for medical418 research and treatment in accordance with this chapter.419 - 17 - 26 LC 60 0359S (b) The Georgia Commission for Saving the Cure shall develop a program to educate420 pregnant patients with respect to the banking of postnatal tiss ue and fluid. The program421 shall include:422 (1) Notice of the existence of the Newborn Umbilical Cord Blood Bank;423 (2) An explanation of the difference between public and private banking programs;424 (3) The medical process involved in the collection and storage of postnatal tissue and425 fluid;426 (4) The current and potential future medical uses of stored postnatal tissue and fluid;427 (5) The benefits and risks involved in the banking of postnatal tissue and fluid; and428 (6) The availability and cost of storing postnatal tissue and fluid in public and private429 umbilical cord blood banks.430 (c)(b) Beginning June 30, 2009, all physicians and hospitals in this state shall inform431 pregnant patients of the full range of options for donation of postnatal tissue and fluids no432 later than 30 days from the commencement of the patient's third trimester of pregnancy or433 at the first consultation between the attending physician or the hospital, whichever is later;434 provided, however, that this subsection shall not be construed to require the participation435 of any physician who objects to the transfusion or transplantation of blood on the basis of436 bona fide religious beliefs.437 (d)(c) Nothing in this Code section shall be construed to prohibit a person from donating438 postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or439 fluid with a private blood and tissue bank.440 (e)(d) Any college or university, hospital, nonprofit organization, or private firm441 participating in the Newborn Umbilical Cord Blood Bank shall ha ve or be subject to an442 institutional review board which shall be available on an ongoi ng basis to review the443 research procedures and conduct of any person desiring to conduct research with postnatal444 tissue and fluid from the bank. The institutional review board shall establish procedures445 - 18 - 26 LC 60 0359S to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with446 applicable federal guidelines."447 SECTION 1-19.448 Said title is further amended by revising Code Section 31-46-4, relating to Georgia449 Commission for Saving the Cure, creation, membership, appointment, terms of office, and450 duties, as follows:451 "31-46-4.452 (a) There is created the Georgia Commission for Saving the Cure which shall consist of453 15 members appointed as provided in this Code section. The commission shall be assigned454 to the Department of Public Health for administrative purposes only, as prescribed in Code455 Section 50-4-3.456 (b) Seven members shall be appointed by the Governor. The Governor shall appoint four457 members to serve initial terms of three years and three members to serve initial terms of458 two years. Thereafter, successors to such initial appointees shall serve terms of three years.459 The Governor shall designate one of the persons so appointed to be the chairperson of the460 commission. If the chief executive officer of the Georgia Rese arch Alliance is not461 appointed by the Governor or any other appointing authority to serve on the commission,462 he or she shall serve as an advisory member.463 (c) Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant464 Governor belongs to a political party other than the political party to which a majority of465 the members of the Senate belong, by the Senate Committee on As signments. Of these466 four members, there shall be at least one of each of the following: a physician licensed to467 practice medicine in this state; a recognized medical ethicist with an accredited degree in468 medicine, medical ethics, or theology; a medical researcher in permitted stem cell research;469 and an attorney with experience in health policy law. The Lieutenant Governor or Senate470 Committee on Assignments shall appoint two members to serve initial terms of three years471 - 19 - 26 LC 60 0359S and two members to serve initial terms of two years. Thereafter, successors to such initial472 appointees shall serve terms of three years.473 (d) Four members shall be appointed by the Speaker of the House of Representatives. Of474 these four members, there shall be at least one of each of the following: a physician475 licensed to practice medicine in this state; a recognized medical ethicist with an accredited476 degree in medicine, medical ethics, or theology; a medical researcher in permitted stem cell477 research; and an attorney with experience in health policy law. The Speaker of the House478 of Representatives shall appoint two members to serve initial terms of three years and two479 members to serve initial terms of two years. Thereafter, succe ssors to such initial480 appointees shall serve terms of three years.481 (e) Members of the commission shall be eligible to succeed themselves. The initial terms482 of office shall begin on July 1, 2007. Appointments shall be m ade by the respective483 appointing authorities no later than June 15, 2007. Thereafter, appointments of successors484 shall be made by the respective appointing authority no later t han June 1 of the year in485 which the member's term of office expires. Vacancies shall be filled for the unexpired term486 by the respective appointing authority.487 (f) The commission shall meet at least four times per year at the call of the chairperson or488 upon the request of at least seven of its members.489 (g) The commission shall have the following duties and responsibilities:490 (1) To investigate the implementation of this chapter and to r ecommend any491 improvements to the General Assembly;492 (2) To make available to the public the records of all meeting s of the commission and493 of all business transacted by the commission;494 (3) To oversee the operations of the Newborn Umbilical Cord Blood Bank established495 in Code Section 31-46-3, including approving all fees established to cover administration,496 collection, and storage costs;497 - 20 - 26 LC 60 0359S (4) To undertake the Saving the Cure initiative by promoting awareness of the Newborn498 Umbilical Cord Blood Bank and encouraging donation of postnatal tissue and fluid to the499 bank;500 (5) To ensure the privacy of persons who donate postnatal tiss ue and fluid to the501 Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3502 consistent with applicable federal guidelines;503 (6) To develop a plan for making postnatal tissue and fluid collected under the Saving504 the Cure initiative available for medical research and treatment and to ensure compliance505 with all relevant national practice and quality standards relating to such use;506 (7) To develop a plan for privat e storage of postnatal tissue and fluid for medical507 treatment or to make potential donors aware of private storage options for said tissue and508 fluid as deemed in the public interest;509 (8) To participate in the National Cord Blood Program and to r egister postnatal tissue510 and fluid collected with registries operating in connection with the program;511 (9) To make grants and enter into agreements to support permit ted stem cell research512 with immediate and clinical medical applications;513 (10) To employ such staff and to enter into such contracts as may be necessary to fulfill514 its duties and responsibilities under this chapter subject to f unding by the General515 Assembly; and516 (11) To report annually to the General Assembly in December of each year concerning517 the activities of the commission with recommendations for any l egislative changes or518 funding necessary or desirable to fulfill the goals of this chapter.519 (h) The commission shall provide for protection from disclosure of the identity of persons520 making donations to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a)521 of Code Section 31-46-3.522 (i) The commission may request additional funding from any additional source including,523 but not limited to, federal and private grants.524 - 21 - 26 LC 60 0359S (j) The commission may establish a separate not for profit organization or foundation for525 the purposes of supporting the Newborn Umbilical Cord Blood Bank established pursuant526 to Code Section 31-46-3. Reserved."527 SECTION 1-20.528 Said title is further amended by repealing and reserving Chapte r 47, relating to Arthritis529 Prevention and Control Program.530 SECTION 1-21.531 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is532 amended by revising Code Section 48-7-63, relating to optional taxpayer contributions to533 permitted stem cell research through income tax payment and refund process, as follows:534 "48-7-63.535 (a) Each Georgia income tax return form for taxable years beginning on or after January536 1, 2007, shall contain appropriate language, to be determined b y the commissioner,537 offering the taxpayer the opportunity to contribute to permitte d stem cell research, as538 defined in Code Section 31-46-2, through the Georgia Commission for Saving the Cure by539 donating either all or any part of any tax refund due, by autho rizing a reduction in the540 refund check otherwise payable, or by contributing any amount over and above any amount541 of tax owed by adding that amount to the taxpayer's payment. T he instructions542 accompanying the income tax return form shall contain a description of the purposes for543 which the commission was established and the intended use of moneys received from the544 contributions. Each taxpayer required to file a state income t ax return who desires to545 contribute to the commission may designate such contribution as provided in this Code546 section on the appropriate income tax return form.547 - 22 - 26 LC 60 0359S (b) The Department of Revenue shall determine annually the total amount so contributed548 and shall transmit such amount to the Georgia Commission for Saving the Cure. Reserved."549 SECTION 1-22.550 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended551 by revising Code Section 49-1-7, relating to home delivered meals, transportation, services552 for the elderly, and preschool children with special needs fund, as follows:553 "49-1-7.554 (a) The General Assembly finds that it is in the best interest of the state to provide for555 programs for home delivered meals, transportation services for the elderly, and preschool556 children with special needs, including but not limited to disab led children, troubled557 children, school readiness programs, and other similar needs for the benefit of the citizens558 of Georgia. In addition to a nd as a supplement to traditional financing mechanisms for559 such programs, it is the policy of this state to enable and encourage citizens voluntarily to560 support such programs.561 (b) To support programs for home delivered meals, transportation services for the elderly,562 and preschool children with special needs which programs have b een established or563 approved by the department or the Department of Community Public Health, the564 department may, without limitation, promote and solicit voluntary contributions through565 the income tax return contribution mechanism established in sub section (f) of this Code566 section, through offers to match contributions by any person with moneys appropriated or567 contributed to the department or the Department of Community Public Health for such568 programs, or through any fund raising or other promotional techniques deemed appropriate569 by the department or the Department of Community Public Health.570 (c) There is established a special fund to be known as the 'Ho me Delivered Meals,571 Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.'572 This fund shall consist of all moneys contributed under subsection (b) of this Code section,573 - 23 - 26 LC 60 0359S all moneys transferred to the department under subsection (f) of this Code section, and any574 other moneys contributed to this fund or to the home delivered meals, transportation575 services for the elderly, or preschool children with special ne eds programs of the576 department or the Department of Community Public Health and all interest thereon. All577 balances in the fund shall be deposited in an interest-bearing account identifying the fund578 and shall be carried forward each year so that no part thereof may be deposited in the579 general treasury. The fund shall be administered and the moneys held in the fund shall be580 expended by the department through the Division of Aging Services in furtherance of home581 delivered meals and transportation services to the elderly programs and by the Department582 of Community Public Health in furtherance of preschool children with special needs583 programs.584 (d) Following the transmittal of contributions to the departme nt for deposit in the fund585 pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall586 be allocated as follows:587 (1) Fifty percent of the contributions to the fund shall be used for home delivered meals588 and transportation services to the elderly programs; and589 (2) Fifty percent of the contributions to the fund shall be transferred to the Department590 of Community Public Health to be used for preschool children with special needs591 programs.592 (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant593 funding that would otherwise be appropriated for these purposes. Contributions shall only594 be used for benefits and services and shall not be used for per sonnel or administrative595 positions. The department and the Department of Community Public Health shall each596 prepare, by February 1 of each year, an accounting of the funds received and expended597 from the fund and a review and evaluation of all expended moneys of the fund. The reports598 shall be made available to the Governor, the Lieutenant Governo r, the Speaker of the599 - 24 - 26 LC 60 0359S House of Representatives, to the members of the Board of Human Services, and, upon600 request, to members of the public.601 (f)(1) Unless an earlier date is deemed feasible and establish ed by the Governor, each602 Georgia income tax return form for taxable years beginning on or after January 1, 1993,603 shall contain appropriate language, to be determined by the state revenue commissioner,604 offering the taxpayer the opportunity to contribute to the Home Delivered Meals,605 Transportation Services for the Elderly, and Preschool Children with Special Needs Fund606 established in subsection (c) of this Code section by either donating all or any part of any607 tax refund due, by authorizing a reduction in the refund check otherwise payable, or by608 contributing any amount over and above any amount of tax owed by adding that amount609 to the taxpayer's payment. The instructions accompanying the i ncome tax return form610 shall contain a description of the purposes for which this fund was established and the611 intended use of moneys received from the contributions. Each taxpayer required to file612 a state income tax return who desires to contribute to such fun d may designate such613 contribution as provided in this Code section on the appropriate income tax return form.614 (2) The Department of Revenue shall determine annually the total amount so contributed,615 shall withhold therefrom a reasonable amount for administering this voluntary616 contribution program, and shall transmit the balance to the department for deposit in the617 fund established in subsection (c) of this Code section; provid ed, however, that the618 amount retained for administrative costs, including implementat ion costs, shall not619 exceed $50,000.00 per year. If, in any tax year, the administr ative costs of the620 Department of Revenue for collecting contributions pursuant to this Code section exceed621 the sum of such contributions, the administrative costs which the Department of Revenue622 is authorized to withhold from such contributions shall not exc e e d t h e s u m o f s u c h623 contributions."624 - 25 - 26 LC 60 0359S PART II625 SECTION 2-1.626 Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in627 Chapter 1, relating to governing and regulation of mental healt h, by adding a new Code628 section to read as follows:629 "37-1-8.630 (a) As used in this Code section, the term:631 (1) 'Certification training body' means an entity approved by the department to provide632 training and testing for certified peer specialists in accordance with department policy.633 (2) 'Certified peer specialist' means an individual who is trained and certified to provide634 peer support services and who works from the perspective of his or her lived experience635 and helps build environments conducive to recovery, promoting h ope, personal636 responsibility, empowerment, education, and self-determination in the communities637 served. Such term includes the following certified peer specialist designations recognized638 by the department:639 (A) Certified Peer Specialist-Addictive Disease or CPS-AD, a certified peer specialist640 who has lived experience with an addictive disease and is practicing recovery related641 to such disease;642 (B) Certified Peer Specialist-Mental Health or CPS-MH, a certified peer specialist who643 has lived experience with a mental health condition and is practicing recovery related644 to such condition;645 (C) Certified Peer Specialist-Parent or CPS-P, a certified peer specialist who is a parent646 or legal guardian who has lived experience raising a young person with either a mental647 health condition or substance use disorder and has supported such person in recovery,648 provided that such parent or legal guardian has a permanent relationship of at least three649 years with such person; and650 - 26 - 26 LC 60 0359S (D) Certified Peer Specialist-Youth or CPS-Y, a certified peer specialist between the651 ages of 18 and 30 who has lived experience with a mental health condition or substance652 use disorder and is practicing recovery related to such condition or disorder;653 (E) Other ancillary peer credentials, such as whole health and wellness coach or654 forensic peer mentor, which may be added to a certified peer specialist designation at655 the discretion of the department.656 (3) 'Peer support services' means ongoing, nonclinical support and services rendered to657 individuals with mental health or substance use disorders and their families. Such term658 includes, but is not limited to, individual peer recovery coaching, group peer check-ins,659 advocacy, mutual aid support groups, connection to treatment services, harm reduction660 services, connection to medication for substance use disorder o r alcohol use disorder,661 housing support, transportation support, food insecurity support, acquiring identification,662 job placement, or connections to other resources within the community.663 (4) 'Recovery community organization for substance use' means an independent664 nonprofit organization led and governed by representatives of l ocal communities of665 recovery from substance use disorders that helps individuals, families, and communities666 in increasing access to peer support services, advocacy efforts for recovery, and667 community education around addiction and recovery.668 (5) 'State-wide recovery community organization' means the organization designated by669 the department to work with communities and organizations in determining recognition670 as a recovery community organization for substance use.671 (b) Peer specialists providing services through the department shall be certified by the672 department.673 (c) Only individuals who have completed the training and testing provided by certification674 training bodies shall be eligible for certification by the department.675 (d) Each recovery community organization for substance use shall:676 - 27 - 26 LC 60 0359S (1) Have a mission primarily focused on supporting recovery fr om substance use677 disorders and related challenges but may support individuals in all forms of recovery;678 (2) Be a nonprofit organization or established under a nonprofit organization;679 (3) Have either an operating board, a majority of whose member s shall be in recovery680 from substance use disorders, or an advisory board, a majority of whose members shall681 be in recovery from substance use disorders, and the remaining members of either such682 board shall be members of the recovery community, including people in recovery, family683 members of those affected by addiction, and recovery allies and advocates;684 (4) Provide peer support services;685 (5) Employ certified peer specialists to provide peer support services;686 (6) Be supportive of all pathways to recovery, including the utilization of medication for687 substance use disorders or alcohol use disorders and harm reduction services;688 (7) Be accountable to the recovery community through participa tory processes that689 promote involvement, engagement, and consultation of individuals in recovery and their690 families, friends, and allies; and691 (8) Communicate and cooperate with the state-wide recovery community organization692 and the department.693 (e) Subject to appropriations, the department shall designate a state-wide recovery694 community organization to act as the coordinator for the network of recovery community695 organizations for substance use in this state."696 PART III697 SECTION 3-1.698 This Act shall become effective on July 1, 2026.699 - 28 - 26 LC 60 0359S SECTION 3-2.700 All laws and parts of laws in conflict with this Act are repealed.701 - 29 -