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Senate · Engrossed · 2025-2026 Regular Session

SB 440: Department of Public Health; provisions relative to duties or functions; modernize and update

Last action April 2, 2026 · House Passed/Adopted By Substitute

A wide-ranging Senate bill would strip outdated committees and reporting duties from the Georgia Department of Public Health, let pharmacists dispense ivermectin without a prescription under new rules, and create a new panel to review complaints about mental health insurance parity violations.

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These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.

In plain language

This bill rewrites large parts of Georgia's public health, insurance, and mental health laws to remove programs and committees state officials say are outdated, while adding a few new requirements. It repeals the Electronic Database Review Advisory Committee, the Cancer Advisory Committee and cancer control officer position, the Georgia Commission for Saving the Cure, the Osteoporosis Prevention and Treatment Education Act, the Arthritis Prevention and Control Program, and a pilot home-visitation program for pregnant women, among others. It also cuts several standing reports the Department of Public Health had to file with the legislature on topics like neonatal abstinence syndrome and AIDS/HIV brochures for marriage license applicants. The bill adds a new exception letting pharmacists dispense ivermectin as a behind-the-counter drug to adults after a screening, with rules set by the State Board of Pharmacy. It requires health insurers to adopt a standardized credentialing application and approve completed applications within 45 days. It also creates a parity compliance review panel inside the Behavioral Health Coordinating Council to review complaints that insurers are violating mental health parity laws and recommend penalties. The changes take effect July 1, 2026.

What the bill does

  • Repeals or reserves several Department of Public Health advisory bodies and programs, including the Electronic Database Review Advisory Committee, the Cancer Advisory Committee, the cancer control officer position, the Georgia Commission for Saving the Cure, and the Arthritis Prevention and Control Program.
  • Adds an exception letting pharmacists dispense ivermectin to adults 18 and older as a behind-the-counter drug after a good-faith patient screening, with rules set by the State Board of Pharmacy.
  • Removes several standing legislative reporting requirements for the Department of Public Health, including on neonatal abstinence syndrome and a pregnancy home-visitation pilot program, and makes some remaining reports contingent on state funding being appropriated.
  • Requires health insurers to adopt a standardized credentialing application (a form verifying a provider's licenses and training) and approve complete applications within 45 days, phased in by July 1, 2027.
  • Creates a parity compliance review panel within the Behavioral Health Coordinating Council to receive provider complaints about insurers violating mental health parity laws and recommend penalties.
  • Repeals the marriage-license requirements that couples receive AIDS/HIV brochures, sickle cell disease information, and a state marriage manual before getting a license.

Who it affects

The Department of Public Health, its advisory committees and staff, prescribers and pharmacists who use the prescription drug monitoring database, pharmacists and adult patients seeking ivermectin, probate court marriage-license applicants, health insurers and the healthcare providers they credential, and mental health patients and providers who may report parity violations.

Why it matters

Georgians would see fewer state reports and advisory boards overseeing public health programs, adults could get ivermectin from a pharmacist without a doctor's prescription, couples applying for marriage licenses would no longer get state-prepared health brochures, and patients with mental health insurance complaints would have a new state panel to flag suspected parity violations by insurers.

Key provisions

  • Section 1-1 through 1-3 removes the state board's power to rescind PDMP violation penalties and drops certification testing requirements for the prescription drug monitoring database.
  • Section 1-4 lets pharmacists dispense FDA-approved ivermectin to adults 18+ as a behind-the-counter product after screening for drug interactions, with rules from the State Board of Pharmacy.
  • Sections 1-5 through 1-7 repeal requirements for AIDS/HIV brochures, sickle cell disease information, and a marriage manual to be given to marriage license applicants.
  • Section 1-9 eliminates reporting requirements for entities authorized to administer auto-injectable epinephrine (EpiPens).
  • Sections 1-10, 1-14 through 1-18, 1-20, 1-21 repeal or reserve the home-visitation pilot program, neonatal abstinence syndrome reporting, the Cancer Advisory Committee and cancer control officer, the Osteoporosis Prevention and Treatment Education Act, the Georgia Commission for Saving the Cure, and the Arthritis Prevention and Control Program.
  • Section 2-1 requires health insurers to use a standardized credentialing application, approve complete applications within 45 days, and fully implement the system by July 1, 2027.
  • Section 3-2 creates a new parity compliance review panel (O.C.G.A. § 37-2-12) to evaluate provider complaints about mental health insurance parity violations and recommend punitive action to the Commissioner of Insurance or the commissioner of community health.

From the bill

“When dispensed by a pharmacist to a patient 18 years of age or older, and following a good-faith patient assessment that includes screening for contraindications, current medications, and potential drug interactions”

Sets the conditions under which pharmacists may dispense ivermectin without a doctor's prescription.

“Every health insurer shall approve complete credentialing applications from healthcare providers within 45 days of receipt of any such application if submitted in accordance with the rules and regulations promulgated by the department.”

Requires insurers to act quickly on provider credentialing applications once a standardized form is adopted.

“Health care providers shall be required to report suspected violations by health insurers of the mental health parity requirements”

Creates a mandatory reporting duty for providers who suspect insurers are not treating mental health coverage equally to physical health coverage.

Discussed in meetings (18)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Health and Human Services Committee, February 11, 2026

    From 0:20:09 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 440 as a Department of Public Health cleanup bill that would remove obsolete requirements without ending active programs or services. The sponsor outlined changes involving marriage-license health brochures, inactive advisory groups, unused cancer positions, unfunded disease programs and reporting requirements. The sponsor said the bill would also reassign blindness services to the Georgia Vocational Rehabilitation Agency and remove outdated home-visiting pilot language. Asked why HIV and sickle cell brochures would no longer be required, a department representative said the information is now shared online. One member questioned replacing the title president of the Senate with lieutenant governor, particularly if that office became vacant. The discussion noted that reports would still go to the health committee chairs, and no amendment was offered. Asked about reports being subject to funding, the department representative said the two grant programs had never received funding and had nothing to report. Another member asked who would continue cancer prevention work. The representative said the department works with Georgia CORE and Georgia State University using federal funds. The committee approved the bill unanimously.

  2. Senate Rules Committee, February 17, 2026

    From 0:13:31 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 440 as a Department of Public Health proposal to remove requirements involving programs or bodies that were obsolete, inactive, unfunded or never appointed. Another committee member praised the work and suggested the changes could save Georgians money. No specific savings figures, substantive questions or calendar action followed.

  3. Senate Rules Committee, February 19, 2026

    From 0:12:09 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 440 would reduce unnecessary requirements by addressing obsolete and nonfunctional provisions governing the Department of Public Health. The chair later selected it for the next day's floor calendar as a department bill. The committee approved the five-bill calendar by voice vote, which the chair described as unanimous.

  4. Senate floor session, February 20, 2026 (legislative day 22)

    From 2:17:24 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said SB 440 would remove obsolete Department of Public Health requirements without ending active funded services or changing benefits. Examples included dormant advisory bodies, an outdated marriage manual, and reporting each EpiPen use. Another senator discussed sickle cell treatment advances and their high cost. Two amendment sponsors proposed Medicaid expansion, including a requirement for at least 90% federal funding, calling it healthcare affordability relief. Opponents objected to the lack of a cost estimate, committee review, and questions answered by the sponsors. The Health and Human Services chair defended Pathways and Georgia’s insurance exchange but said the amendments’ exact costs were unknown. One expansion supporter said the Senate had recently passed four measures without cost estimates. Another said expansion would cover half a million Georgians and criticized Pathways’ enrollment and administrative spending. A third amendment replaced the expansion language with a July 1, 2026 effective date. That amendment passed 31 to 20, and the resulting combined amendment also passed 31 to 20. The Senate then passed the bill as amended, 51 to 0.

  5. House Rules Committee, March 9, 2026

    From 0:26:36 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: Before the chair identified the measure as SB 440, the presenter described it as a Department of Public Health cleanup bill that removes obsolete or unused legal provisions and updates statutes to reflect current program operations. The presenter said it would not create programs, expand regulatory authority or change benefits people currently receive. No questions were asked, and no vote or calendar placement was recorded.

  6. House Rules Committee, March 17, 2026

    From 0:42:57 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The committee agreed to return SB 440 to the Public and Community Health Committee. The motion was seconded, and no opposition was voiced. There was no discussion of the bill's contents.

  7. House Public and Community Health Committee, March 17, 2026

    From 0:41:25 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 440 as a Department of Public Health bill updating duties and removing obsolete provisions. The chair said it had been pulled back from Rules and revised to add an ivermectin provision. The chair said leadership supplied the addition shortly before the meeting. The sponsor said they had not known it was being added and were unsure of its effect. Members questioned whether pharmacist distribution meant behind-the-counter access without a prescription, which formulations were covered and whether dosage limits applied. One member explained that existing language covered topical lotion at 0.5% or less, while the addition did not specify a formulation. That member raised concerns about diagnosing parasitic infections in pharmacies and potential neurological and cardiac harms. A speaker interpreting the wording said it appeared to authorize distribution rather than prescribing, with dosage tied to the original package, but acknowledged uncertainty. Another member asked whether anyone present would advocate for the addition; no supporting testimony followed. A member suggested postponing consideration or offering an amendment. The chair deferred the amendment, sought pharmacist input and further clarification, and adjourned without a vote.

  8. House Public and Community Health Committee, March 19, 2026

    From 0:18:46 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair presented revised ivermectin language for SB 440, saying the previous wording was unclear. The amendment's author said adults 18 and older could obtain human-use ivermectin without a prescription, with pharmacist counseling. The author argued this would offer a safer alternative to veterinary products and avoid office-visit costs and delays. The chair said pharmacies would not have to stock it and the State Board of Pharmacy would set dispensing rules. One committee member warned that parasitic infections require diagnosis, improper doses can cause heart or nervous-system harm, and liability concerns could discourage pharmacies from stocking it. Other members questioned pricing, demand and medical-board support, and raised concerns about COVID-19 misinformation. The author reported more than 100 constituent contacts but supplied no sales or usage data, could not confirm board positions, and predicted the drug would be inexpensive. Another member offered personal treatment stories, which the chair described as anecdotal rather than factual evidence. A member proposed striking the ivermectin section, arguing it was unrelated to the department-requested bill. That amendment failed. A motion to table also failed. Members then approved adding the revised provision, without announced vote counts. Although the pending motion had requested approval of a substitute, the chair characterized the action as adding the amendment and said another full-bill vote was unnecessary because the bill had already passed.

  9. Senate Health and Human Services Committee, March 25, 2026

    From 1:31:49 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: During consideration of HB 657, the sponsor said its substitute incorporated this bill. Another presenter described the incorporated language as Department of Public Health updates already passed by the Senate. The presenter said the House had amended the agency bill and that the governor's office opposed those amendments, so the earlier language was included in HB 657. No specific department changes were explained. The committee unanimously approved the combined substitute, rather than taking a separate vote on this bill.

  10. House Rules Committee, April 2, 2026

    From 0:55:51 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter said the substitute for SB 440 would eliminate advisory bodies and programs the Department of Public Health considered outdated. The presenter also described behind-the-counter access to FDA-compliant ivermectin products through pharmacists, a standardized health care provider credentialing form due by July 1, 2027, and a panel to review complaints about unequal insurance coverage for mental health care, with insurance commissioner involvement in enforcement. One member questioned expanded ivermectin access while health insurance access was not being expanded. The presenter emphasized pharmacist involvement and approved dosage forms. The same member asked who would provide HIV and sickle cell information after reporting requirements were removed. The presenter did not know and said the department would need to be consulted. Another member supported behind-the-counter ivermectin access, citing tracking and pharmacist oversight. The committee approved the substitute over an objection by voice vote. Later, it placed the bill on the floor calendar under the modified structured rule, again over an objection by voice vote. No vote counts were stated.

  11. House floor session, April 2, 2026 (legislative day 40, PM, part 1)

    From 2:03:45 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 4426

    Summary by Georgia Commons: The presenter said SB 440 would remove outdated Department of Public Health requirements and inactive committees, standardize provider credentialing applications for Medicaid and regulated insurers, add the insurance commissioner to the Behavioral Health Coordinating Council, and strengthen mental health parity oversight. Asked about eliminating a prescription monitoring advisory committee, the presenter said department oversight and the monitoring program would continue unchanged. Debate centered on allowing pharmacists to dispense ivermectin without a prescription. The presenter said it would remain behind the counter under Pharmacy Board rules. Several opponents supported the underlying cleanup but warned about incorrect dosing, drug interactions and online claims about treating cancer or COVID-19. An opposing member who practices medicine said evidence did not support those uses and questioned pharmacists' ability to diagnose parasitic infections and their potential liability. Supporting members argued that pharmacist consultation would be safer than people buying veterinary formulations. One supporter said pharmacies would not have to stock or dispense it. Another member cited family experience during cancer treatment, while the opposing physician cautioned against attributing recovery to an unproven treatment. The House withdrew the committee substitute, adopted the Rules Committee substitute and passed the bill, 98 to 76.

Status timeline

  1. 2026-04-02House Passed/Adopted By Substitute (House)
  2. 2026-04-02House Third Readers (House)
  3. 2026-03-20House Committee Favorably Reported By Substitute (House)
  4. 2026-03-18House Withdrawn, Recommitted (House)
  5. 2026-03-06House Committee Favorably Reported (House)
  6. 2026-02-25House Second Readers (House)
  7. 2026-02-24House First Readers (House)
  8. 2026-02-20Senate Passed/Adopted As Amended (Senate)
Show full history (13 actions)
  1. 2026-02-20Senate Third Read (Senate)
  2. 2026-02-17Senate Read Second Time (Senate)
  3. 2026-02-12Senate Committee Favorably Reported (Senate)
  4. 2026-02-02Senate Read and Referred (Senate)
  5. 2026-01-29Senate Hopper (Senate)

Sponsors

  • Kay Kirkpatrick (R, SD-32)Primary sponsor
  • Bo Hatchett (R, SD-50)
  • Ben Watson (R, SD-1)
  • Drew Echols (R, SD-49)
  • Matt Brass (R, SD-6)
  • Greg Dolezal (R, SD-27)
  • Sonya Halpern (D, SD-39)
  • Rob Clifton (R, HD-131)

Votes

  1. PassedSenate voteFebruary 20, 2026

    31 yea, 20 nay (0 not voting, 3 excused)

    ADOPTION OF AMEND #1B BY SEN FROM THE 19TH TO AMEND #1 BY SEN FROM THE 41ST: Senate Vote #562

  2. PassedSenate voteFebruary 20, 2026

    31 yea, 20 nay (0 not voting, 3 excused)

    ADOPTION OF THE AMENDMENT BY THE SEN FROM THE 41ST AS AMENDED: Senate Vote #563

  3. PassedSenate voteFebruary 20, 2026

    51 yea, 0 nay (0 not voting, 3 excused)

    PASSAGE AS AMENDED: Senate Vote #564

  4. PassedHouse voteApril 2, 2026

    98 yea, 76 nay (1 not voting, 1 excused)

    PASSAGE: House Vote #847

Topics

  • public health agency reform
  • ivermectin access
  • mental health insurance parity
  • health insurance credentialing
  • cancer programs repeal

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