Senate Bill 246
By: Senators Harrell of the 40th, Wicks of the 34th, Jones II of the 22nd, Jackson of the 41st,
Anderson of the 43rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons
and their rights, so as to provide that natural persons do not include an unborn child and shall
not be included in certain population based determinations; to amend Chapter 11 of Title 15
of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide for
exceptions to the notice requirement of a pending abortion to the parent or guardian of an
unemancipated minor by a physician or their qualified agent under the "Parental Notification
Act"; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating
to offenses against public health and morals, so as to repeal provisions relating to criminal
abortion; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic
relations, so as to remove references to abortion; to amend Chapter 1 of Title 20 of the
Official Code of Georgia Annotated, relating to general provisions of education, so as to
repeal a reference to abortion; to amend Title 31 of the Official Code of Georgia Annotated,
relating to health, so as to repeal the "Woman's Right to Know Act" and provisions relating
to a physician's obligation in performance of abortions; to repeal the power of the
Department of Public Health to promulgate and enforce rules and regulations for the
licensing of medical facilities where abortion procedures are to be performed; to provide for
fundamental reproductive health rights; to prohibit certain state actions; to provide for
injunctive relief and damages; to enact the "Reproductive Freedom Act"; to amend Title 33
of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the
repeal of the prohibition on the coverage of certain abortions through certain qualified health
plans; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating
to physicians, assistants, and others, so as to repeal a provision relating to criminal abortion;
to repeal a provision relating to delegation of certain medical acts to advance practice nurses;
to repeal a provision relating to abortions not to be performed by physician assistants; to
amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to
employees' insurance and benefits plans, so as to remove the prohibition on coverage of
abortions; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to income taxes, so as to provide that an unborn child with a detectable human heartbeat is
not a dependent minor for income tax purposes; to amend Chapter 4 of Title 49 of the
Official Code of Georgia Annotated, relating to public assistance, so as to provide for
abortion care services under Medicaid; to provide for conforming changes; to provide for a
short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the intention of the General Assembly to recognize that every individual has the
fundamental right to reproductive freedom and to determine their own life course, that the
right to reproductive freedom is central to an individual's privacy, liberty, dignity, and
autonomy, and that every individual should be free to exercise that right free from
government interference.
SECTION 2.
This Act shall be known and may be cited as the "Reproductive Freedom Act."
SECTION 3.
Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their
rights, is amended by revising Code Section 1-2-1, relating to classes of persons generally,
"natural person" defined, corporations deemed artificial persons, and nature of corporations
generally, as follows:
"1-2-1.
(a) There are two classes of persons: natural and artificial.
<del>(b) 'Natural person' means any human being including an unborn child.
</del> <ins>(c)(b)</ins> Corporations are artificial persons. They are creatures of the law and, except insofar
as the law forbids it, they are subject to be changed, modified, or destroyed at the will of
their creator.
<del>(d) Unless otherwise provided by law, any natural person, including an unborn child with
a detectable human heartbeat, shall be included in population based determinations.
(e) As used in this Code section, the term:
(1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady
and repetitive rhythmic contraction of the heart within the gestational sac.
(2) 'Unborn child' means a member of the species Homo sapiens at any stage of
development who is carried in the womb."
</del> SECTION 4.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile
Code, is amended by revising subsection (b) of Code Section 15-11-64, relating to collection
of information by juvenile court clerks, reporting requirement, and data collection, as
follows:
"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts
the total number of petitions or motions filed under subsection <del>(b)</del> <ins>(c)</ins> of Code
Section 15-11-682 for the previous calendar year and, of that number, the number in which
the court appointed a guardian ad litem, the number in which the court appointed counsel,
the number in which the judge issued an order authorizing an abortion without notification,
the number in which the judge denied such an order, and, of the last, the number of denials
from which an appeal was filed, the number of appeals that resulted in denials being
affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk
shall make such report by March 15 of each year for the previous calendar year. The
individual reports made to the Administrative Office of the Courts shall be held
confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating
to open records. The Administrative Office of the Courts shall provide aggregated
statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such
individual reports shall be destroyed six months after submission to the Administrative
Office of the Courts."
SECTION 5.
Said chapter is further amended by revising paragraph (1) of Code Section 15-11-681,
relating to definitions for the "Parental Notification Act," as follows:
"(1) 'Abortion' <ins>shall have the same meaning as set forth in Code Section 31-9A-2</ins> <del>means
the use or prescription of any instrument, medicine, drug, or any other substance or
device with the intent to terminate the pregnancy of a female known to be pregnant. The
term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,
or any other substance or device employed solely to increase the probability of a live
birth, to preserve the life or health of the child after live birth, or to remove a dead unborn
child who died as a result of a spontaneous abortion. The term 'abortion' also shall not
include the prescription or use of contraceptives."
</del>
SECTION 6.
Said chapter is further amended by revising Code Section 15-11-682, relating to parental
notification of abortion, hearing, and venue, as follows:
"15-11-682.
(a) No <del>physician</del> <ins>healthcare professional as defined in Code Section 31-9A-2</ins> or other
person shall perform an abortion upon an unemancipated minor unless:
(1)(A) The unemancipated minor seeking an abortion is accompanied by <del>his or her</del> <ins>a
</ins> parent or guardian who shall show proper identification and state that he or she is the
lawful parent or guardian of the unemancipated minor and that he or she has been
notified that an abortion is to be performed on the unemancipated minor;
(B) The <del>physician or the physician's</del> <ins>healthcare professional or the healthcare
professional's</ins> qualified agent gives at least 24 hours' actual notice, in person or by
telephone, to the parent or guardian of the unemancipated minor of the pending
abortion and the name and address of the place where the abortion is to be performed;
provided, however, that, if the person so notified indicates that he or she has been
previously informed that the unemancipated minor was seeking an abortion or if the
person so notified has not been previously informed and he or she clearly expresses that
he or she does not wish to consult with the unemancipated minor, then in either event
the abortion may proceed in accordance with Chapter 9A of Title 31; or
(C) The <del>physician or the physician's</del> <ins>healthcare professional or the healthcare
professional's</ins> qualified agent gives written notice of the pending abortion and the
address of the place where the abortion is to be performed, sent by registered or
certified mail or statutory overnight delivery, return receipt requested with delivery
confirmation, addressed to a parent or guardian of the unemancipated minor at the usual
place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner
established, such notice shall be deemed delivered 48 hours after mailing. The time of
mailing shall be recorded by the <del>physician</del> <ins>healthcare professional</ins> or agent in the
unemancipated minor's file. The abortion may be performed 24 hours after the delivery
of the notice; provided, however, that, if the person so notified certifies in writing that
he or she has been previously informed that the unemancipated minor was seeking an
abortion or if the person so notified has not been previously informed and he or she
certifies in writing that he or she does not wish to consult with the unemancipated
minor, then in either event the abortion may proceed in accordance with Chapter 9A of
Title 31; and
(2) The unemancipated minor signs a consent form stating that <del>she</del> <ins>the unemancipated
minor</ins> consents, freely and without coercion, to the abortion.
<ins>(b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking
an abortion if:
(1)(A) In the professional judgment of the healthcare professional:
(i) Notice to the parent or guardian may lead to physical or emotional harm of the
unemancipated minor; and
(ii) The unemancipated minor is capable of giving informed consent to the abortion;
and
(B) The unemancipated minor signs a consent form stating that waiver of notice is
necessary under the provisions of this paragraph and that the unemanicpated minor
consents, freely and without coercion, to the abortion; or
(2) The healthcare professional or the healthcare professional's qualified agent makes
reasonable effort to give both actual and written notice to a parent or guardian of the
unemancipated minor and is unsuccessful.
A healthcare professional or the healthcare professional's qualified agent shall not be liable
for civil damages or subject to a criminal penalty for his or her decision under this
subsection not to give notice to a parent or guardian of an unemancipated minor.
</ins> <del>(b)(c)</del> If the unemancipated minor or the <del>physician or the physician's</del> <ins>healthcare
professional or the healthcare professional's</ins> qualified agent, as the case may be, elects not
to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or
(a)(1)(C) of this Code section <ins>and no provision of subsection (b) of this Code section
applies to the unemancipated minor,</ins> <del>or if the parent or legal guardian of the unemancipated
minor cannot be located,</del> the unemancipated minor may petition, on his or her own behalf
or by next friend, any juvenile court in the state for a waiver of such requirement pursuant
to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist
the unemancipated minor or next friend in preparing the petition and notices required
pursuant to this Code section. Venue shall be lawful in any county.
<ins>(c)(d)</ins> No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),
(a)(1)(B), or (a)(1)(C) of this Code section have been met, <ins>unless a provision under
subsection (b) of this Code section applies</ins> or the unemancipated minor has obtained a court
order waiving such requirements.
<ins>(e) A healthcare professional or a healthcare professional's qualified agent shall not
provide notice to a parent or guardian if the unemancipated minor decides not to have an
abortion."
</ins> SECTION 7.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against
public health and morals, is amended by repealing Article 5, relating to abortion, and
designating said article as reserved.
SECTION 8.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support
guidelines for determining amount of award, continuation of duty of support, and duration
of support.
SECTION 9.
Said title is further amended by revising paragraph (1) of subsection (c) of Code Section
19-7-1, relating to in whom parental power lies, how such power lost, and recovery for
homicide of child or unborn child, as follows:
"(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some
party entitled to recover the full value of the life of the child, either as provided in this
Code section or as provided in Chapter 4 of Title 51. <del>For the homicide of an unborn
child, the right to recover for the full value of the life of such child shall begin at the point
at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is
present."
</del> SECTION 10.
Said title is further amended by revising paragraph (2) of subsection (b) of Code Section
19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,
to whom made, immunity from liability, report based on privileged communication, penalty
for failure to report, and spiritual treatment for illnesses, as follows:
"(2) 'Abortion' shall have the same meaning as set forth in Code Section <del>15-11-681
</del> <ins>31-9A-2."
</ins> SECTION 11.
Said title is further amended by revising paragraph (1) of subsection (a) of Code Section
19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,
and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval
of agents, and organizational and entity record keeping, as follows:
"(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and
authority regarding the care and custody of such child, except the power to consent to the
marriage or adoption of such child, <del>the performance or inducement of an abortion on or
</del>
<del>for such child,</del> or the termination of parental rights to such child. Such power and
authority may be delegated without the approval of a court, provided that such delegation
of power and authority shall not operate to change or modify any parental or legal rights,
obligations, or authority established by an existing court order, including a standing
order, or deprive a parent of a child of any parental or legal rights, obligations, or
authority regarding the custody, parenting time, visitation, or support of such child. Such
delegation of power and authority shall not deprive or limit any support for a child that
should be received by such child pursuant to a court order or for any other reason. When
support is being collected for the child by the Child Support Enforcement Agency of the
department, such agency shall be authorized to redirect support payments to the agent for
the duration of the power of attorney or until the power of attorney is revoked or
superseded by a court order."
SECTION 12.
Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code
Section 19-9-134, relating to power of attorney form for care of a child, as follows:
"5. Sign by the statement you wish to choose (you may only choose one):
(A) ___________________________ (Signature) I delegate to the agent all my power
and authority regarding the care and custody of the child named above, including but
not limited to the right to inspect and obtain copies of educational records and other
records concerning the child, attend school activities and other functions concerning the
child, and give or withhold any consent or waiver with respect to school activities,
medical and dental treatment, and any other activity, function, or treatment that may
concern the child. This delegation shall not include the power or authority to consent
to the marriage or adoption of the child, <del>the performance or inducement of an abortion
on or for the child,</del> or the termination of parental rights to the child.
OR
(B) ___________________________ (Signature) I delegate to the agent the following
specific powers and responsibilities (write in): _______________________________
____________________________________________________________________
This delegation shall not include the power or authority to consent to the marriage or
adoption of the child, <del>the performance or inducement of an abortion on or for the child,
</del> or the termination of parental rights to the child."
SECTION 13.
Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general
provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,
relating to kinship caregiver authorized to provide legal consent.
SECTION 14.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by
repealing and reserving paragraph (7) of Code Section 31-2-1, relating to legislative intent
and grant of authority, as follows:
"(7) <ins>Reserved.</ins> <del>Promulgate and enforce rules and regulations for the licensing of medical
facilities wherein abortion procedures under subsections (b) and (c) of Code Section
16-12-141 are to be performed."
</del> SECTION 15.
Said title is further amended by revising subparagraph (B) of paragraph (4) of Code
Section 31-7-1, relating to definitions regarding the regulation of hospitals and related
institutions, as follows:
"(B) Any health facility wherein abortion procedures under <del>subsections (b) and (c) of
Code Section 16-12-141</del> <ins>Chapter 9A of this title</ins> are performed or are to be performed;"
SECTION 16.
Said title is further amended by repealing Chapter 9A, relating to the "Woman's Right to
Know Act," in its entirety and enacting a new Chapter 9A to read as follows:
<ins>"CHAPTER 9A
31-9A-1.
This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'
31-9A-2.
As used in this chapter, the term:
(1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance
or device to terminate the pregnancy of an individual known to be pregnant with an
intention other than to increase the probability of a live birth, to preserve the life or health
of the child after live birth, or to remove a dead fetus.
(2) 'Advanced practice registered nurse' has the meaning provided by Code
Section 43-26-3.
(3) 'Covered entity' means any licensed provider of reproductive healthcare services,
including but not limited to hospitals, outpatient departments, clinics, reproductive health
practices, or offices of healthcare professionals.
(4) 'Healthcare professional' means a person who is licensed as a physician, advanced
practice registered nurse, or physician assistant.
(5) 'Physician' has the meaning provided by Code Section 43-34-1.
(6) 'Physician assistant' has the meaning provided by Code Section 43-34-23.
</ins>
<ins>(7) 'Pregnancy' means the human reproductive process, beginning with the implantation
of an embryo.
(8) 'State' includes any branch, department, agency, instrumentality, and official or other
person acting under the color of law of this state or a political subdivision of this state,
including any local government, local board of education, or other instrumentality.
31-9A-3.
(a) Every individual who becomes pregnant has the fundamental right to choose to carry
the pregnancy to term or have an abortion.
(b) Every individual has the fundamental right to choose or refuse contraception or
sterilization.
(c) The state shall not, in the regulation or provision of benefits, facilities, services, or
information, deny or interfere with an individual's fundamental rights:
(1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an
abortion, including individuals in the physical or legal custody of the state; and
(2) To choose or refuse contraception or sterilization.
(d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of
this state.
31-9A-4.
(a) A healthcare professional acting within the professional's lawful scope of practice and
in compliance with all generally applicable regulations shall be authorized to provide
abortions in this state.
(b) This chapter shall not be construed to prevent the Department of Community Health
under this title or a healthcare professional licensing board from regulating the practice of
abortion or abortion facilities with generally applicable regulations and standards that are
</ins>
<ins>in accordance with evidence-based medically accepted standards, provided that such
regulation is not a pretext for violating this chapter.
31-9A-5.
(a) An individual's right to personal reproductive autonomy is central to their privacy,
liberty, and dignity to determine their own life course and shall not be denied or infringed
upon by state or local prosecution or in any other manner.
(b) No state or local law enforcement agency shall arrest any individual for obtaining an
abortion, performing or aiding in the performance of an abortion in this state, or in
procuring an abortion in this state if the abortion is performed in accordance with the
provisions of this chapter.
(c) Notwithstanding any other law, an individual shall not be subject to investigation, civil
or criminal penalty, or otherwise deprived of their rights under this article based on their
actions or omissions with respect to a pregnancy or an actual, potential, or alleged
pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or
perinatal death due to causes that occurred in utero.
(d) Any individual who aids or assists a pregnant person in exercising her rights under this
article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived
of their rights, based solely on their actions to aid or assist a pregnant person in exercising
her rights under this article, so long as they acted with the pregnant person's voluntary
consent.
(e) The state shall not discriminate in the protection or enforcement of the fundamental
rights set forth in this chapter on the basis of sex, which includes but is not limited to sex
stereotypes, gender identity or expression, or perceived gender identity or expression;
sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration
status; or religion.
</ins>
<ins>(f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a
civil lawsuit in federal or state court for injunctive relief against the offending state or local
official. The court may award costs and reasonable attorney's fees to an aggrieved party
who substantially prevails in an action brought under this subsection.
31-9A-6.
(a) Subject to the provisions of the federal Health Insurance Portability and Accountability
Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action
or administrative hearing, a covered entity shall not disclose without written consent from
the individual or the individual's guardian or authorized legal representative, the following:
(1) Any communication made to the covered entity or any information obtained by the
covered entity from an individual or the individual's guardian or authorized legal
representative, relating to reproductive healthcare services permitted under the laws of
this state; or
(2) Any information obtained by personal examination of an individual by the covered
entity relating to reproductive healthcare services.
(b) A covered entity shall inform the individual or the individual's guardian or authorized
legal representative of the individual's right to refuse to consent to the disclosure of the
individual's communications and information at or before the time reproductive healthcare
services are rendered, or at such time as the individual discloses any information relating
to reproductive healthcare services previously rendered.
31-9A-7.
(a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,
procedures, practices, and governmental actions and their implementation, whether
statutory or otherwise and whether adopted before or after July 1, 2023.
</ins>
<ins>(b) Local government may enact ordinances, standards, rules, or regulations that protect
an individual's ability to freely exercise the fundamental rights set forth in this chapter in
a manner or to an extent equal to or greater than the protection provided in this chapter.
Local government may not regulate an individual's ability to freely exercise the
fundamental rights set forth in this chapter in a manner more restrictive than that set forth
in this chapter.
31-9A-8.
In accordance with Code Section 1-1-3, if any provision of this chapter or its application
to any person or circumstance is held invalid, the invalidity does not affect other provisions
or applications of this chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are severable."
</ins> SECTION 17.
Said title is further amended by repealing Chapter 9B, relating to physician's obligation in
performance of abortions.
SECTION 18.
Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating
to effect of chapter on advance directives for health care on other legal rights and duties, as
follows:
"(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy
killing or to permit any affirmative or deliberate act or omission to end life other than to
permit the process of dying as provided in this chapter. <del>Furthermore, nothing in this
chapter shall be construed to condone, authorize, or approve abortion."
</del>
SECTION 19.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by
revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female
contraceptive drugs or devices and insurance coverage, as follows:
"(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state
or approved for issuance or renewal in this state by the Commissioner which provides
coverage for prescription drugs on an outpatient basis shall provide coverage for any
prescribed drug or device approved by the United States Food and Drug Administration for
use as a contraceptive. This Code section shall not apply to limited benefit policies
described in paragraph (4) of subsection (e) of Code Section 33-30-12. <del>Likewise, nothing
contained in this Code section shall be construed to require any insurance company to
provide coverage for abortion."
</del> SECTION 20.
Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of
certain abortions through certain qualified health plans prohibited and definitions, and
designating said Code section as reserved.
SECTION 21.
Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section
33-60-3, relating to definitions for small business insurance plans, as follows:
"(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for
complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia
and related hospital and outpatient facility charges for dental care for persons who are
developmentally disabled, seven or younger, neurologically impaired, or suffering
severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian
cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code
Section 33-24-56.3; coverage for hospital stays after delivery in Code Section
33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;
treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for
equipment and self-management training for individuals with diabetes in Code Section
33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code
Section 33-24-59.6, <del>provided that nothing contained in this paragraph shall be
construed to require any insurance company to provide coverage for abortion;</del> coverage
for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code
Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code
Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate
cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order
pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in
Code Sections 33-29-3.4 and 33-30-4.5."
SECTION 22.
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,
assistants, and others, is amended by repealing paragraph (8) of subsection (a) of Code
Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue
discipline, suspension, restoration, investigations, hearings on fitness, immunity, and
publication of final disciplinary actions, and designating said paragraph as reserved.
SECTION 23.
Said chapter is further amended by repealing subsection (l) of Code Section 43-34-25,
relating to delegation of certain medical acts to advanced practice registered nurse,
construction and limitations of such delegation, conditions of nurse protocol, and issuance
of prescription drug orders, and designating said subsection as reserved.
SECTION 24.
Said chapter is further amended by repealing Code Section 43-34-110, relating to abortions
not to be performed by physician assistants.
SECTION 25.
Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'
insurance and benefits plans, is amended by revising Code Section 45-18-4, relating to
expenses not to be covered by plan, as follows:
"45-18-4.
The health insurance plan shall not include expenses incurred by or on account of an
individual prior to the effective date of the plan; expenses for services received for injury
or sickness due to war or any act of war, whether declared or undeclared, which war or act
of war shall have occurred after the effective date of this plan; expenses for which the
individual is not required to make payment; expenses to the extent of benefits provided
under any employer group plan other than this plan in which the state participates in the
cost thereof; <del>expenses for abortion services except to the extent permitted under the state
health benefit plan approved by the board as such plan existed on January 1, 2014;</del> and
such other expenses as may be excluded by regulations of the board. <del>For purposes of this
Code section, the term 'abortion' shall have the same meaning as provided in Code Section
31-9A-2."
</del> SECTION 26.
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,
is amended by revising subsection (a) of Code Section 48-7-26, relating to personal
exemptions, as follows:
"(a) As used in this Code section, the term 'dependent' shall have the same meaning as in
the Internal Revenue Code of 1986; <del>provided, however, that any unborn child with a
</del>
<del>detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify
as a dependent minor."
</del> SECTION 27.
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,
is amended by adding a new Code section to read as follows:
<ins>"49-4-156.2.
The Department of Community Health shall provide payment for all abortion and
abortion-related services for all recipients of medical assistance as defined in Code
Section 49-4-141."
</ins> SECTION 28.
All laws and parts of laws in conflict with this Act are repealed.