SB323: SB323 Health, Insurance, and Professions and Businesses; medically necessary tests for metal allergies and metal sensitivities to be administered prior to any cardiovascular, dental, or orthopedic surgery involving the insertion of a metal implant; provide

Currently, Georgia law does not specifically require testing for metal allergies or sensitivities before surgeries that insert metal implants, such as joint replacements, dental implants, or cardiovascular devices. This bill would change that by directing the Department of Public Health, working with the Georgia Board of Dentistry and the Georgia Composite Medical Board, to compile guidance on which tests are medically necessary and to publish it online, updating it annually. The bill also requires health insurance plans issued or renewed on or after July 1, 2025 to cover these tests, subject to normal deductibles and copays. Dental surgeons and physicians who perform surgery would need one hour of continuing education on metal allergies starting January 1, 2025. Before performing cardiovascular, dental, or orthopedic surgery involving a metal implant, healthcare providers must ask patients about metal allergies and perform necessary tests, or a patient could sue them for damages if they fail to do so.

• Directs the Department of Public Health to compile and annually update guidance on medically necessary tests for metal allergies before implant surgeries, in consultation with state dental and medical boards.
• Requires health insurance policies renewed or issued on or after July 1, 2025 to cover tests for metal allergies and sensitivities before implant surgeries, subject to normal deductibles and copays.
• Adds a one-hour continuing education requirement on metal allergies and sensitivities for dental surgeons and physicians who perform surgery, starting January 1, 2025.
• Requires healthcare providers to ask patients about metal allergies and perform medically necessary tests before cardiovascular, dental, or orthopedic implant surgery.
• Creates a private cause of action allowing a patient to sue a healthcare provider for damages if the provider fails to ask about or test for metal allergies before implant surgery.

The bill affects patients undergoing cardiovascular, dental, or orthopedic surgery involving metal implants, surgeons and dental surgeons licensed in Georgia, health insurance companies and self-insured health plans, and state agencies including the Department of Public Health and the Georgia Composite Medical Board.

Patients could get tested for metal allergies before receiving implants like joint replacements or dental devices, potentially avoiding complications from metal sensitivities. Insurers would have to pay for these tests, and providers who skip the required questions or tests could face lawsuits for damages.

• Section 1 creates O.C.G.A. § 31-1-26, requiring the Department of Public Health to compile and publish online guidance on necessary metal allergy tests, updated annually.
• Section 2 creates O.C.G.A. § 33-24-59.34, requiring health benefit policies issued or renewed on or after July 1, 2025 to cover metal allergy testing before implant surgery, subject to cost-sharing.
• Section 2 defines 'medically necessary' to automatically include a lymphocyte transformation test or more advanced test if a patient reports a metal allergy.
• Section 3 amends O.C.G.A. § 43-11-46.1 to require dental surgeons to complete one hour of continuing education on metal allergies starting January 1, 2025.
• Section 4 amends O.C.G.A. § 43-34-11 to require all surgeons to complete one hour of continuing education on metal allergies starting January 1, 2025.
• Section 5 creates O.C.G.A. § 43-34-16, requiring healthcare providers to ask about metal allergies and perform necessary tests before implant surgery, and creates a private right to sue for failure to comply.

1. 2025-03-06Senate Read and Referred (Senate)
2. 2025-03-04Senate Hopper (Senate)

• Donzella James (D, SD-028)Primary sponsor
• Harold Jones (D, SD-022)
• Sally Harrell (D, SD-040)
• Kenya Wicks (D, SD-034)
• Gail Davenport (D, SD-017)
• Tonya Anderson (D, SD-043)
• Michael Rhett (D, SD-033)
• Kim Jackson (D, SD-041)
• Jason Esteves (D, SD-035)
• Derek Mallow (D, SD-002)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)
• Randal Mangham (D, SD-055)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Nabilah Islam Parkes (D, SD-007)
• Elena Parent (D, SD-044)

• metal allergy testing
• health insurance coverage
• surgical implants
• medical licensing
• patient rights