House Bill 1250
By: Representatives Hilton of the 48th, Hawkins of the 27th, Taylor of the 173rd, Dempsey of
the 13th, Petrea of the 166th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
relating to general provisions concerning the Department of Public Health, so as to require
certain hospitals to offer perinatal bereavement care counseling options and any available
perinatal bereavement devices; to provide for definitions; to provide for related matters; to
provide for contingent effectiveness upon appropriation of funds; to provide for a repealer
clause; to provide for a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Daniel Waters Act."
SECTION 2.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions concerning the Department of Public Health, is amended by adding a new
Code section to read as follows:
<ins>"31-2A-21.
(a) As used in this Code section, the term:
</ins>
<ins>(1) 'Basic perinatal services' means providing basic inpatient care for pregnant women
and newborns without complications; managing perinatal emergencies; consulting with
and referring to specialty and subspecialty hospitals; identifying high-risk pregnancies;
providing follow-up care for new mothers and infants; and providing public and
community education on perinatal health.
(2) 'Family members' means the parents, siblings, and children of the expectant parents.
(3) 'Fetal death' means the definition of such process as described in Code Section
31-10-1.
(4) 'Hospital' means a hospital licensed by the Department of Community Health as a
children's hospital or to provide basic perinatal services and shall also include children's
hospitals.
(5) 'Initiative' means the perinatal bereavement care initiative established under
subsection (c) of this Code section.
(6) 'Neonatal death' means the death of a live-born infant within the first 28 days
following birth.
(7) 'Perinatal bereavement care' means the provision of supportive care following a fetal
death, neonatal death, or stillbirth.
(8) 'Perinatal bereavement device' means a device with technology capable of delaying
for bereavement purposes the deterioration of human tissue for up to 72 hours following
a fetal death, neonatal death, or stillbirth.
(9) 'Stillbirth' means the definition provided in Code Section 31-10-1.
(b) A hospital that has been provided funding for perinatal bereavement care under
subsection (c) of this Code section shall, following a fetal death, neonatal death, or
stillbirth, make available to the expectant parents and family members for a period equal
to the length of stay recommended by the attending physician for a birth:
(1) Perinatal bereavement care counseling resources; and
(2) Any available perinatal bereavement device.
</ins>
<ins>(c)(1) The department shall establish and administer a perinatal bereavement care
initiative to improve access to and quality of perinatal bereavement care in this state.
(2) The department may, upon appropriation, provide to hospitals the following
resources for the hospital's provision of perinatal bereavement care:
(A) For hospital personnel who provide maternal care or neonatal care, training on
interacting with parents and family members in a considerate and respectful manner
following a fetal death, neonatal death, or stillbirth;
(B) A perinatal bereavement device, including:
(i) Training for personnel on the use of the device; and
(ii) Support to maintain the device; and
(C) Any other resources necessary for providing perinatal bereavement care.
(3) In providing resources to hospitals under the initiative, the department shall prioritize
hospitals that:
(A) Lack access to a perinatal bereavement device;
(B) Treat a greater number of high-risk pregnancies; and
(C) Facilitate a comparatively high number of births relative to other hospitals in this
state.
(4) The department may accept gifts, grants, or donations from any source for the
purposes of the initiative.
(d) The department, in consultation with the Georgia Perinatal Quality Collaborative, shall
develop and implement a program to award recognition to hospitals that provide perinatal
bereavement care."
</ins> SECTION 3.
(a) This Act shall become effective only if funds are specifically appropriated for purposes
of this Act in an appropriations Act enacted by the General Assembly.
(b) If funds are so appropriated, then this Act shall become effective on the later of:
(1) The date on which such appropriations Act becomes effective; or
(2) The beginning date of the fiscal year for which such appropriations are made.
(c) If funds are not appropriated by July 1, 2029, as described herein, this Act shall stand
repealed.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.