The House Committee on Rules offers the following substitute to SB 440:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 16, 19, 31, 48, and 49 of the Official Code of Georgia Annotated, relating
to crimes and offenses, domestic relations, health, revenue and taxation, and social services,
respectively, so as to modernize and revise provisions relative to duties or functions of the
Department of Public Health; to eliminate certain powers of state regulatory boards
governing prescribers relative to the prescription drug monitoring program database; to
eliminate certain requirements of the Department of Public Health relative to the testing and
certification of such database; to repeal provisions relative to the Electronic Database Review
Advisory Committee; to add an exception to the classification of ivermectin as a dangerous
drug; to provide for requirements and rules for dispensing of ivermectin under such
exception; to repeal provisions relative to the preparation and distribution of informational
materials regarding AIDS, HIV, testing for sickle cell disease, and marriage; to revise
provisions relative to hearing screenings of newborns; to eliminate reporting requirements
of certain entities permitted to administer auto-injectable epinephrine; to eliminate certain
duties of the Department of Public Health relative to establishing requirements for the
storage and oversight of such drugs; to repeal provisions relative to a pilot program for home
visitation during pregnancy and early childhood; to revise certain reporting requirements of
the Department of Public Health regarding a program providing healthcare services to
low-income residents; to revise certain reporting requirements of such department relative
to certified stroke centers; to condition reporting requirements of the Office of Cardiac Care
on appropriations; to eliminate certain reporting requirements of the Department of Public
Health relative to infants born with neonatal abstinence syndrome; to repeal provisions
relative to the Cancer Advisory Committee; to eliminate the cancer control officer position;
to revise certain duties of the commissioner relative to a program for cancer prevention,
control, and treatment; to repeal the "Osteoporosis Prevention and Treatment Education Act";
to revise provisions related to the establishment of a network of postnatal tissue and fluid
banks; to repeal provisions relative to the Georgia Commission for Saving the Cure; to
eliminate optional taxpayer contributions to stem cell research; to repeal provisions relative
to the Arthritis Prevention and Control Program; to transfer certain duties of the Department
of Community Health relative to programs for home delivered meals to the Department of
Public Health; to make conforming changes; to amend Title 33 of the Official Code of
Georgia Annotated, relating to insurance, so as to require health insurers to implement a
standardized credentialing application; to provide for health insurers to approve credentialing
applications within a certain time frame; to provide for the Department of Insurance and the
Department of Community Health to coordinate with stakeholders to establish a standardized
credentialing application; to provide for health insurers to utilize such application; to provide
for rules and regulations; to amend Title 37 of the Official Code of Georgia Annotated,
relating to mental health, so as to add a member to the Behavioral Health Coordinating
Council; to establish a parity compliance review panel; to provide for its composition and
duties; to require health care providers to report suspected mental health parity violations to
the panel; to provide for evaluation of complaints; to provide for recommendations for
punitive actions; to provide for definitions; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended in Part 2 of Article 2 of Chapter 13, relating to prescripton drug monitoring
program data base, by revising Code Section 16-13-57, relating to a program to record
prescription information into electronic data base and administration and oversight, as
follows:
"16-13-57.
(a) As used in this part, the term:
(1) 'Department' means the Department of Public Health.
(2) 'PDMP' means the prescription drug monitoring program <del>data base</del> <ins>database.
</ins> (b) Subject to funds as may be appropriated by the General Assembly or otherwise
available for such purpose, the department shall, in consultation with members of the
Georgia Composite Medical Board, the State Board of Pharmacy, and the agency, establish
and maintain a program to electronically record into an electronic PDMP prescription
information resulting from the dispensing of Schedule II, III, IV, or V controlled
substances and to electronically review such prescription information that has been entered
into such <del>data base</del> <ins>database.</ins> The purpose of such PDMP shall be to assist in the reduction
of the abuse of controlled substances; to improve, enhance, and encourage a better quality
of healthcare by promoting the proper use of medications to treat pain and terminal illness;
to reduce duplicative prescribing and overprescribing of controlled substance practices for
health oversight purposes; and to gather data for epidemiological research. The PDMP
shall be administered by the department.
(c)(1) Each prescriber who has a DEA registration number shall enroll to become a user
of the PDMP as soon as possible, and no later than January 1, 2018; provided, however,
that prescribers who attain a DEA registration number after such date shall enroll within
30 days of attaining such credentials. A prescriber who violates this subsection shall be
held administratively accountable to the state regulatory board governing such prescriber
for such violation.
<del>(2) Any state regulatory board governing prescribers shall have the discretion to rescind
any consent orders or other disciplinary actions that were entered into or imposed prior
to April 26, 2019, for a violation of paragraph (1) of this subsection after review based
on, but not limited to, the following factors: subsequent compliance with paragraph (1)
of this subsection; compliance with the terms of the consent order or other disciplinary
action; and whether such prescriber has had previous infractions of other laws or
regulations relating to his or her licensure. The authority granted under this paragraph
shall expire on December 31, 2019.
(3)(2)</del> <ins>For</ins> <del>On and after April 26, 2019, for</del> purposes of this subsection, the term
'administratively accountable' shall mean a warning or the imposition of a fine, but any
such fine shall not be considered a disciplinary action against the licensee.
<del>(d) Between January 1, 2018, and May 31, 2018, the department shall randomly test the
PDMP to determine if it is accessible and operational 99.5 percent of the time. If the
department determines that the PDMP meets such standard, then between June 1, 2018, and
June 20, 2018, the department shall certify in writing to each board that governs prescribers
that it is operational. Each board that governs prescribers shall publish such information
on its website."
</del> SECTION 1-2.
Said title is further amended in said part by revising Code Section 16-13-61, relating to
Electronic Database Review Advisory Committee, members, terms, officers, procedure, and
compensation, as follows:
"16-13-61.
<del>(a) There is established an Electronic Database Review Advisory Committee for the
purposes of consulting with and advising the department on matters related to the
establishment, maintenance, and operation of how prescriptions are electronically reviewed
pursuant to this part. This shall include, but shall not be limited to, data collection,
regulation of access to data, evaluation of data to identify benefits and outcomes of the
reviews, communication to prescribers and dispensers as to the intent of the reviews and
how to use the PDMP, and security of data collected.
(b) The advisory committee shall consist of 12 members as follows:
(1) A representative from the agency;
(2) A representative from the Georgia Composite Medical Board;
(3) A representative from the Georgia Board of Dentistry;
(4) A representative with expertise in personal privacy matters, appointed by the
president of the State Bar of Georgia;
(5) A representative from a specialty profession that deals in addictive medicine,
appointed by the Georgia Composite Medical Board;
(6) A pain management specialist, appointed by the Georgia Composite Medical Board;
(7) An oncologist, appointed by the Georgia Composite Medical Board;
(8) A representative from a hospice or hospice organization, appointed by the Georgia
Composite Medical Board;
(9) A representative from the State Board of Optometry;
(10) The consumer member appointed by the Governor to the State Board of Pharmacy
pursuant to subsection (b) of Code Section 26-4-21;
(11) A pharmacist from the State Board of Pharmacy; and
(12) A representative from the Department of Public Health.
(c) Each member of the advisory committee shall serve a three-year term or until the
appointment and qualification of such member's successor.
</del>
<del>(d) The advisory committee shall elect a chairperson and vice chairperson from among its
membership to serve a term of one year. The vice chairperson shall serve as the
chairperson at times when the chairperson is absent.
(e) The advisory committee shall meet at the call of the chairperson or upon request by at
least three of the members and shall meet at least one time per year. Five members of the
committee shall constitute a quorum.
(f) The members shall receive no compensation or reimbursement of expenses from the
state for their services as members of the advisory committee.</del> <ins>Reserved."
</ins> SECTION 1-3.
Said title is further amended in said part by revising paragraph (2) of subsection (a) of Code
Section 16-13-63, relating to liability, review of PDMP data when filing certain
prescriptions, and cause of action for civil damages, as follows:
"(2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled
substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines,
he or she shall seek and review information from the PDMP the first time he or she
issues such prescription to a patient and thereafter at least once every 90 days, unless
the:
(i) Prescription is for no more than a three-day supply of such substance and no
more than 26 pills;
(ii) Patient is in a hospital or healthcare facility, including, but not limited to, a
nursing home, an intermediate care home, a personal care home, or a hospice
program, which provides patient care and prescriptions to be administered and used
by a patient on the premises of the facility;
(iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center
and the prescription is for no more than a ten-day supply of such substance and no
more than 40 pills;
(iv) Patient is terminally ill or under the supervised care of an outpatient hospice
program; or
(v) Patient is receiving treatment for cancer.
<del>(B) This paragraph shall not become effective unless the department's certification
required by subsection (d) of Code Section 16-13-57 has been issued.
(C)(B)</del> A prescriber who violates this paragraph shall be held administratively
accountable to the state regulatory board governing such prescriber but shall not be held
civilly liable for damages to any person in any civil or administrative action or
criminally responsible for injury, death, or loss to person or property on the basis that
such prescriber did or did not seek or obtain information from such <del>data base</del> <ins>database
</ins> when prescribing such substance."
SECTION 1-4.
Said title is further amended in Article 3 of said chapter, relating to dangerous drugs, by
revising paragraph (12.1) of subsection (c) of Code Section 16-13-71, relating to dangerous
drug, as follows:
"(12.1) Ivermectin —
<ins>(A)</ins> When used with a strength of 0.5 percent or less in a topical lotion; <ins>or
(B) 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, as a product in finished dosage
formulation in its original container that has been approved by and labeled in
compliance with the United States Food and Drug Administration (FDA). Such product
shall be classified as a behind-the-counter medication and shall not be available for
self-service. The State Board of Pharmacy shall adopt rules governing the dispensing
of ivermectin under this subparagraph;"
</ins>
SECTION 1-5.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended in Article 2 of Chapter 3, relating to license and ceremony, by revising Code
Section 19-3-35.1, relating to AIDS brochures, listing of HIV test sites, and acknowledgment
of receipt, as follows:
"19-3-35.1.
<del>(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have
the meaning provided for such term in Code Section 31-22-9.1.
(b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and
the dangers, populations at risk, risk behaviors, and prevention measures relating thereto.
That department shall also prepare a listing of sites at which confidential and anonymous
HIV tests are provided without charge. That department shall further prepare a form for
acknowledging that the brochures and listings have been received, as required by
subsection (c) of this Code section. The brochures, listings, and forms prepared by the
Department of Public Health (formerly known as the Department of Human Resources for
these purposes) under this subsection shall be prepared and furnished to the office of each
judge of the probate court no later than October 1, 1988.
(c) On and after October 1, 1988, each person who makes application for a marriage
license shall receive from the office of the probate judge at the time of the application the
AIDS brochure and listing of HIV test sites prepared and furnished pursuant to
subsection (b) of this Code section. On and after October 1, 1988, no marriage license
shall be issued unless both the proposed husband and the proposed wife sign a form
acknowledging that both have received the brochure and listing.</del> <ins>Reserved."
</ins> SECTION 1-6.
Said title is further amended in said article by revising Code Section 19-3-40, relating to
blood test for sickle cell disease and information to be provided, as follows:
"19-3-40.
<del>(a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood
test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.
(b) The Department of Public Health shall prepare information for public dissemination
on the department's website describing the importance of obtaining a blood test for sickle
cell disease and explaining the causes and effects of such disease. Such information shall
recommend that each applicant applying for a marriage license obtain a blood test for
sickle cell disease prior to obtaining a marriage license. Such information may also be
provided as a brochure or other document. The department shall make such information
available in electronic format to the probate courts of this state which shall disseminate
such information to all persons applying for marriage licenses.</del> <ins>Reserved."
</ins> SECTION 1-7.
Said title is further amended in said article by revising Code Section 19-3-41, relating to
Department of Public Health marriage manual, distribution, and rules and regulations, as
follows:
"19-3-41.
<del>(a) The Department of Public Health shall prepare a marriage manual for distribution by
the judge of the probate court or his clerk to all applicants for a marriage license. The
manual shall include, but shall not be limited to, material on family planning.
(b) The manual provided for in subsection (a) of this Code section shall be issued by the
judge of the probate court or his clerk to applicants for a marriage license at the same time
the marriage license is issued.
(c) The Department of Public Health shall promulgate rules and regulations to implement
this Code section.
</del>
<del>(d) In order to be nonsectarian, the manual will include resource referral information for
those who might have questions regarding religious beliefs in the areas covered by the
marriage manual.</del> <ins>Reserved."
</ins> SECTION 1-8.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in
Chapter 1, relating to general provisions, by revising subsection (e) of Code
Section 31-1-3.2, relating to hearing screenings for newborns, as follows:
"(e) It is the intent of the General Assembly that, by July 1, 2002, newborn hearing
screening be conducted on no fewer than 95 percent of all newborn infants born in
hospitals in this state, using procedures established by rule <del>and</del> <ins>or</ins> regulation of the <del>Board
of Public Health after review of any recommendations of the advisory committee on
hearing in newborn infants, created in former subsection (d) of this Code section. Toward
that end, on and after July 1, 2001, every</del> <ins>department. Every</ins> licensed or certified hospital
and physician shall educate the parents of newborn infants born in such hospitals of the
importance of screening the hearing of newborn infants and follow-up care. Education
shall not be considered a substitute for the hearing screening described in this subsection.
Every licensed or permitted hospital shall report annually to the Department of Public
Health concerning the <del>following</del> <ins>number of newborn infants:
</ins> (1) <ins>Born</ins> <del>The number of newborn infants born</del> in the hospital;
(2) <ins>Screened</ins> <del>The number of newborn infants screened;
</del> (3) <ins>Who</ins> <del>The number of newborn infants who</del> passed the screening, if administered; and
(4) <ins>Who</ins> <del>The number of newborn infants who</del> did not pass the screening, if
administered."
SECTION 1-9.
Said title is further amended in said chapter by repealing subsections (f) and (g) of Code
Section 31-1-15, relating to use of auto-injectable epinephrine by authorized entities.
SECTION 1-10.
Said title is further amended in Article 1 of Chapter 2A, relating to Department of Public
Health, by revising Code Section 31-2A-19, relating to pilot program for home visitation
during pregnancy and early childhood, reporting, and funding requirement, as follows:
"31-2A-19.
<del>(a) The Department of Public Health shall conduct a pilot program to provide home
visiting in at-risk and underserved rural communities during pregnancy and early childhood
to improve birth outcomes, reduce preterm deliveries, and decrease infant and maternal
mortality.
(b) No later than December 31, 2024, the department shall submit a detailed written report
on the implementation and effectiveness of the pilot program to the Governor, the Speaker
of the House of Representatives, the President of the Senate, and the chairpersons of the
House Committee on Public Health and the Senate Health and Human Services Committee.
Such report shall also include recommendations as to expansion of the pilot program state
wide.
(c) This Code section shall be contingent upon appropriations made by the General
Assembly specifically for the department for such purposes.</del> <ins>Reserved."
</ins> SECTION 1-11.
Said title is further amended in Article 8 of Chapter 8, relating to "health share" volunteers
in medicine, by revising Code Section 31-8-198, relating to annual report, as follows:
"31-8-198.
Annually, the department shall report to the President of the Senate, the Speaker of the
House of Representatives, the minority leaders of each house, and chairpersons of the
House <ins>Public and Community</ins> Health <del>and Human Services</del> Committee and the Senate
Health and Human Services Committee, summarizing the <del>efficacy of access and treatment
outcomes</del> <ins>access points of service and utilization data</ins> with respect to providing <del>health care
</del> <ins>healthcare</ins> services for low-income persons pursuant to this article."
SECTION 1-12.
Said title is further amended in Article 6 of Chapter 11, relating to system of certified stoke
centers, by revising subsection (d) of Code Section 31-11-114, relating to grants and report,
as follows:
"(d) <ins>Subject to appropriations, the</ins> <del>The</del> department shall annually prepare and submit to the
Governor, the <del>President of the Senate</del> <ins>Lieutenant Governor,</ins> the Speaker of the House of
Representatives, and the chairpersons of the House Committee on <ins>Public and Community
</ins> Health <del>and Human Services</del> and the Senate Health and Human Services Committee for
distribution to its committee members a report indicating the total number of hospitals that
have applied for grants pursuant to this Code section, the number of applicants that have
been determined by the department to be eligible for such grants, the total number of grants
to be awarded, the name and address of each grantee hospital, the amount of the award to
each grantee, and the amount of each award to be disbursed to the grantee."
SECTION 1-13.
Said title is further amended in Article 7 of Chapter 11, relating to emergency cardiac care
centers, by revising subsection (d) of Code Section 31-11-135, relating to grants to hospitals
and reporting, as follows:
"(d) <ins>Subject to appropriations, the</ins> <del>The</del> office shall annually prepare and submit to the
Office of Health Strategy and Coordination a report indicating the total number of hospitals
that have applied for grants pursuant to this Code section, the number of applicants that
have been determined by the office to be eligible for such grants, the total number of grants
to be awarded, the name and address of each grantee, and the amount of the award to each
grantee."
SECTION 1-14.
Said title is further amended in Chapter 12, relating to control of hazardous conditions,
preventable diseases, and metabolic disorders, by revising subsection (a.1) of Code Section
31-12-2, relating to required reporting of certain health conditions that may pose substantial
risk and required reporting of neonatal abstinence syndrome, as follows:
"(a.1)(1) As used in this subsection, the term 'neonatal abstinence syndrome' means a
group of physical problems that occur in a newborn infant who was exposed to addictive
illegal or prescription drugs while in the mother's womb.
(2) The department shall require notice and reporting of incidents of neonatal abstinence
syndrome. A <del>health care</del> <ins>healthcare</ins> provider, coroner, or medical examiner, or any other
person or entity the department determines has knowledge of diagnoses or health
outcomes related, directly or indirectly, to neonatal abstinence syndrome shall report
incidents of neonatal abstinence syndrome to the department. The department shall
<del>provide an annual report to the President of the Senate, the Speaker of the House of
Representatives, the chairperson of the House Committee on Health and Human Services,
and the chairperson of the Senate Health and Human Services Committee. Such annual
report shall include any department findings and recommendations on how to reduce the
number of infants born with neonatal abstinence syndrome."
</del>
SECTION 1-15.
Said title is further amended in Chapter 15, relating to care and treatment of cancer patients,
by revising Code Section 31-15-3, relating to Cancer Advisory Committee, as follows:
"31-15-3.
<del>(a) The Governor shall appoint a Cancer Advisory Committee to advise the department in
the administration of this chapter. The committee shall establish priorities and recommend
relative budgets for the various purposes of this chapter as described below.
(b) The Cancer Advisory Committee shall consist of 18 members appointed by the
Governor as follows:
(1) Four members representing medical schools as follows: The term of office of those
two members appointed from a list of names submitted to the Governor by the deans of
the medical schools located within this state, which members are serving as such on June
30, 1985, shall expire on that date and upon the appointment and qualification of the first
two members appointed by the Governor in 1985 pursuant to this paragraph. On and
after July 1, 1985, four membership positions on the committee shall represent the four
medical schools, whether public or private, located within this state. The deans of those
schools shall each submit to the Governor a list of three names and the Governor shall
appoint one member from each of those four lists;
(2) Two members shall be appointed by the Governor from a list of six names submitted
to him by the chief executive officers of the hospitals or cancer clinics located within
Georgia which are equipped to provide modern treatment for patients suffering from
cancer;
(3) Two members shall be appointed by the Governor from a list of six names submitted
to him by the Medical Association of Georgia;
(4) Two members shall be appointed by the Governor from a list of six names submitted
to him by the American Cancer Society, Georgia Division;
</del>
<del>(5) The term of office of the two members appointed from the list of names submitted
to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon
July 1, 1985, and such two membership positions shall thereafter be abolished;
(6) One member shall be appointed by the Governor from a list of three names submitted
to him by the Georgia Claims Association and the Georgia Chapter of the Health
Insurance Association of America;
(7) One member shall be appointed by the Governor from a list of three names submitted
to him by the director of the Georgia Vocational Rehabilitation Agency;
(8) Two members shall be selected by the Governor from the general public;
(9) One member shall be appointed by the Governor from a list of three names submitted
to him by the Georgia Nurses Association;
(10) One member shall be appointed by the Governor from a list of three names
submitted to him by the Georgia Association of Pathologists;
(11) One member shall be appointed by the Governor from a list of three names
submitted to him by the Georgia State Medical Association; and
(12) One member shall be appointed by the Governor from a list of three names
submitted to him by the Georgia Pharmaceutical Association.
(c) The persons whose names are submitted to the Governor by the medical colleges, the
hospitals, the Medical Association of Georgia, the Georgia State Medical Association, and
the Georgia Association of Pathologists shall all be physicians licensed to practice
medicine under the laws of Georgia, and the persons whose names are submitted by the
Medical Association of Georgia and the Georgia State Medical Association shall all be
actively engaged in the practice of medicine. The persons whose names are submitted to
the Governor by the Georgia Nurses Association shall all be registered professional nurses
licensed to practice nursing under the laws of Georgia. All persons whose names are
submitted to the Governor by the Georgia Pharmaceutical Association shall be registered
pharmacists licensed to practice pharmacy under the laws of Georgia.
</del>
<del>(d) The Governor shall appoint the initial members for staggered terms as follows: three
shall be appointed for terms to expire on December 31, 1977; three shall be appointed for
terms to expire on December 31, 1978; three shall be appointed for terms to expire on
December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980.
Thereafter, their successors shall be appointed for terms of four years, and until their
successors are appointed and qualified, to begin on the expiration of the respective terms
of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for
the unexpired term in the same manner that other appointments are made. Those initial
members added to the committee in 1985 shall be appointed for initial terms beginning July
1, 1985, and expiring December 31, 1989, and upon the appointment and qualification of
their respective successors. Thereafter, their successors shall be appointed for terms of four
years and until their respective successors are appointed and qualified, such terms to begin
on the expiration of the respective terms of office.
(e) The Cancer Advisory Committee shall meet as often as the commissioner deems
necessary but not less than twice each year.</del> <ins>Reserved."
</ins> SECTION 1-16.
Said title is further amended in said chapter by revising Code Section 31-15-4, relating to
cancer control officer, as follows:
"31-15-4.
<del>The commissioner shall appoint a cancer control officer. The cancer control officer shall
be a physician licensed to practice medicine under Chapter 34 of Title 43 and shall be
knowledgeable in the field of medicine covered by this chapter. He or she shall administer
the cancer program for the Department of Public Health in compliance with this chapter.
He or she shall be provided an office with clerical and administrative assistance to carry
out this program.</del> <ins>Reserved."
</ins>
SECTION 1-17.
Said title is further amended in said chapter by revising Code Section 31-15-5, relating to
duties of commissioner, as follows:
"31-15-5.
The commissioner, <del>with the advice of the Cancer Advisory Committee,</del> shall:
(1) Develop standards for determining eligibility of patients for care and treatment under
this program, <del>set standards for the equipping and staffing of cancer clinics located
strategically throughout the state and so placed that patients requiring treatment will not
have to travel more than 75 miles to secure such treatment. When the clinics meet such
standards, they shall be certified by the department. Patients treated at uncertified cancer
clinics shall not be eligible for state aid for reimbursement;
</del> (2) In the event that federal grant programs become available for patient care, the
commissioner may allocate state matching funds in whatever department of state
government they may be administered so as to maximize the total funds available and to
obtain funding needed by the specific patient population which is declared eligible.
<del>These programs include but are not restricted to Medicaid, crippled children's services,
and vocational rehabilitation;
</del> (3) Extend financial aid to persons suffering from cancer to enable them to obtain the
medical, nursing, pharmaceutical, and technical services necessary in caring for such
disease. Criteria and procedures for financial aid will be developed by the <del>Division of
Physical Health in accordance with the principle that pauperization of a functional family
unit will subvert the rehabilitative purposes of this program and will be more costly to the
state in the long run</del> <ins>department;
</ins> (4) Assist in the development and expansion, by grant or by contract, of programs for the
care and treatment of persons suffering from cancer so that the most efficient and
effective treatment may be offered to the patients certified as eligible;
(5) Assist in the development of programs for the prevention of cancer;
(6) Assist in the development and execution of programs for the early detection of
cancer, such as breast self-examination for breast cancer and the Papanicolaou test for
cancer of the cervix;
(7) Institute and support, directly or through health organizations such as the American
Cancer Society and the Georgia <del>Cancer Management Network</del> <ins>Center for Oncology
Research and Education,</ins> educational programs for physicians, <del>providers of health care
</del> <ins>healthcare providers,</ins> and the public concerning cancer, including the dissemination of
information regarding prevention, early detection, and treatment; and
(8) Support a state-wide registry of all patients <del>treated in certified cancer clinics
</del> <ins>diagnosed with cancer</ins> in order to evaluate the nature and extent of the incidence of
cancer and the effectiveness of treatment."
SECTION 1-18.
Said title is further amended by repealing and reserving Chapter 42, the "Osteoporosis
Prevention and Treatment Education Act."
SECTION 1-19.
Said title is further amended in Chapter 46, relating to Newborn Umbilical Cord Blood Bank,
by revising Code Section 31-46-3, relating to Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid, creation, and donations and information concerning donations, as
follows:
"31-46-3.
(a) <ins>Public</ins> <del>Not later than June 30, 2008, the Georgia Commission for Saving the Cure, as
created in Code Section 31-46-4, shall establish a network of postnatal tissue and fluid
banks in partnership with one or more public</del> or private colleges or universities, public or
private hospitals, nonprofit organizations, or private firms in this state <ins>may establish a
network of postnatal tissue and fluid banks</ins> for the purpose of collecting and storing
postnatal tissue and fluid. The bank network, which shall be known as the Newborn
Umbilical Cord Blood Bank, shall make such tissue and fluid available for medical
research and treatment in accordance with this chapter.
<del>(b) The Georgia Commission for Saving the Cure shall develop a program to educate
pregnant patients with respect to the banking of postnatal tissue and fluid. The program
shall include:
(1) Notice of the existence of the Newborn Umbilical Cord Blood Bank;
(2) An explanation of the difference between public and private banking programs;
(3) The medical process involved in the collection and storage of postnatal tissue and
fluid;
(4) The current and potential future medical uses of stored postnatal tissue and fluid;
(5) The benefits and risks involved in the banking of postnatal tissue and fluid; and
(6) The availability and cost of storing postnatal tissue and fluid in public and private
umbilical cord blood banks.
</del> <ins>(c)(b)</ins> Beginning June 30, 2009, all physicians and hospitals in this state shall inform
pregnant patients of the full range of options for donation of postnatal tissue and fluids no
later than 30 days from the commencement of the patient's third trimester of pregnancy or
at the first consultation between the attending physician or the hospital, whichever is later;
provided, however, that this subsection shall not be construed to require the participation
of any physician who objects to the transfusion or transplantation of blood on the basis of
bona fide religious beliefs.
<del>(d)(c)</del> Nothing in this Code section shall be construed to prohibit a person from donating
postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or
fluid with a private blood and tissue bank.
<ins>(e)(d)</ins> Any college or university, hospital, nonprofit organization, or private firm
participating in the Newborn Umbilical Cord Blood Bank shall have or be subject to an
institutional review board which shall be available on an ongoing basis to review the
research procedures and conduct of any person desiring to conduct research with postnatal
tissue and fluid from the bank. The institutional review board shall establish procedures
to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with
applicable federal guidelines."
SECTION 1-20.
Said title is further amended in said chapter by revising Code Section 31-46-4, relating to
Georgia Commission for Saving the Cure, creation, membership, appointment, terms of
office, and duties, as follows:
"31-46-4.
<del>(a) There is created the Georgia Commission for Saving the Cure which shall consist of
15 members appointed as provided in this Code section. The commission shall be assigned
to the Department of Public Health for administrative purposes only, as prescribed in Code
Section 50-4-3.
(b) Seven members shall be appointed by the Governor. The Governor shall appoint four
members to serve initial terms of three years and three members to serve initial terms of
two years. Thereafter, successors to such initial appointees shall serve terms of three years.
The Governor shall designate one of the persons so appointed to be the chairperson of the
commission. If the chief executive officer of the Georgia Research Alliance is not
appointed by the Governor or any other appointing authority to serve on the commission,
he or she shall serve as an advisory member.
(c) Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant
Governor belongs to a political party other than the political party to which a majority of
the members of the Senate belong, by the Senate Committee on Assignments. Of these
four members, there shall be at least one of each of the following: a physician licensed to
practice medicine in this state; a recognized medical ethicist with an accredited degree in
medicine, medical ethics, or theology; a medical researcher in permitted stem cell research;
</del>
<del>and an attorney with experience in health policy law. The Lieutenant Governor or Senate
Committee on Assignments shall appoint two members to serve initial terms of three years
and two members to serve initial terms of two years. Thereafter, successors to such initial
appointees shall serve terms of three years.
(d) Four members shall be appointed by the Speaker of the House of Representatives. Of
these four members, there shall be at least one of each of the following: a physician
licensed to practice medicine in this state; a recognized medical ethicist with an accredited
degree in medicine, medical ethics, or theology; a medical researcher in permitted stem cell
research; and an attorney with experience in health policy law. The Speaker of the House
of Representatives shall appoint two members to serve initial terms of three years and two
members to serve initial terms of two years. Thereafter, successors to such initial
appointees shall serve terms of three years.
(e) Members of the commission shall be eligible to succeed themselves. The initial terms
of office shall begin on July 1, 2007. Appointments shall be made by the respective
appointing authorities no later than June 15, 2007. Thereafter, appointments of successors
shall be made by the respective appointing authority no later than June 1 of the year in
which the member's term of office expires. Vacancies shall be filled for the unexpired term
by the respective appointing authority.
(f) The commission shall meet at least four times per year at the call of the chairperson or
upon the request of at least seven of its members.
(g) The commission shall have the following duties and responsibilities:
(1) To investigate the implementation of this chapter and to recommend any
improvements to the General Assembly;
(2) To make available to the public the records of all meetings of the commission and
of all business transacted by the commission;
</del>
<del>(3) To oversee the operations of the Newborn Umbilical Cord Blood Bank established
in Code Section 31-46-3, including approving all fees established to cover administration,
collection, and storage costs;
(4) To undertake the Saving the Cure initiative by promoting awareness of the Newborn
Umbilical Cord Blood Bank and encouraging donation of postnatal tissue and fluid to the
bank;
(5) To ensure the privacy of persons who donate postnatal tissue and fluid to the
Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3
consistent with applicable federal guidelines;
(6) To develop a plan for making postnatal tissue and fluid collected under the Saving
the Cure initiative available for medical research and treatment and to ensure compliance
with all relevant national practice and quality standards relating to such use;
(7) To develop a plan for private storage of postnatal tissue and fluid for medical
treatment or to make potential donors aware of private storage options for said tissue and
fluid as deemed in the public interest;
(8) To participate in the National Cord Blood Program and to register postnatal tissue
and fluid collected with registries operating in connection with the program;
(9) To make grants and enter into agreements to support permitted stem cell research
with immediate and clinical medical applications;
(10) To employ such staff and to enter into such contracts as may be necessary to fulfill
its duties and responsibilities under this chapter subject to funding by the General
Assembly; and
(11) To report annually to the General Assembly in December of each year concerning
the activities of the commission with recommendations for any legislative changes or
funding necessary or desirable to fulfill the goals of this chapter.
</del>
<del>(h) The commission shall provide for protection from disclosure of the identity of persons
making donations to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a)
of Code Section 31-46-3.
(i) The commission may request additional funding from any additional source including,
but not limited to, federal and private grants.
(j) The commission may establish a separate not for profit organization or foundation for
the purposes of supporting the Newborn Umbilical Cord Blood Bank established pursuant
to Code Section 31-46-3.</del> <ins>Reserved."
</ins> SECTION 1-21.
Said title is further amended by repealing and reserving Chapter 47, relating to Arthritis
Prevention and Control Program.
SECTION 1-22.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended in Article 3 of Chapter 7, relating to returns and furnishing of information, by
revising Code Section 48-7-63, relating to optional taxpayer contributions to permitted stem
cell research through income tax payment and refund process, as follows:
"48-7-63.
<del>(a) Each Georgia income tax return form for taxable years beginning on or after January
1, 2007, shall contain appropriate language, to be determined by the commissioner,
offering the taxpayer the opportunity to contribute to permitted stem cell research, as
defined in Code Section 31-46-2, through the Georgia Commission for Saving the Cure by
donating either all or any part of any tax refund due, by authorizing a reduction in the
refund check otherwise payable, or by contributing any amount over and above any amount
of tax owed by adding that amount to the taxpayer's payment. The instructions
accompanying the income tax return form shall contain a description of the purposes for
</del>
<del>which the commission was established and the intended use of moneys received from the
contributions. Each taxpayer required to file a state income tax return who desires to
contribute to the commission may designate such contribution as provided in this Code
section on the appropriate income tax return form.
(b) The Department of Revenue shall determine annually the total amount so contributed
and shall transmit such amount to the Georgia Commission for Saving the Cure.
</del> <ins>Reserved."
</ins> SECTION 1-23.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended
in Chapter 1, relating to general provisions, by revising Code Section 49-1-7, relating to
home delivered meals, transportation, services for the elderly, and preschool children with
special needs fund, as follows:
"49-1-7.
(a) The General Assembly finds that it is in the best interest of the state to provide for
programs for home delivered meals, transportation services for the elderly, and preschool
children with special needs, including but not limited to disabled children, troubled
children, school readiness programs, and other similar needs for the benefit of the citizens
of Georgia. In addition to and as a supplement to traditional financing mechanisms for
such programs, it is the policy of this state to enable and encourage citizens voluntarily to
support such programs.
(b) To support programs for home delivered meals, transportation services for the elderly,
and preschool children with special needs which programs have been established or
approved by the department or the Department of <del>Community</del> <ins>Public</ins> Health, the
department may, without limitation, promote and solicit voluntary contributions through
the income tax return contribution mechanism established in subsection (f) of this Code
section, through offers to match contributions by any person with moneys appropriated or
contributed to the department or the Department of <del>Community</del> <ins>Public</ins> Health for such
programs, or through any fund raising or other promotional techniques deemed appropriate
by the department or the Department of <del>Community</del> <ins>Public</ins> Health.
(c) There is established a special fund to be known as the 'Home Delivered Meals,
Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.'
This fund shall consist of all moneys contributed under subsection (b) of this Code section,
all moneys transferred to the department under subsection (f) of this Code section, and any
other moneys contributed to this fund or to the home delivered meals, transportation
services for the elderly, or preschool children with special needs programs of the
department or the Department of <del>Community</del> <ins>Public</ins> Health and all interest thereon. All
balances in the fund shall be deposited in an interest-bearing account identifying the fund
and shall be carried forward each year so that no part thereof may be deposited in the
general treasury. The fund shall be administered and the moneys held in the fund shall be
expended by the department through the Division of Aging Services in furtherance of home
delivered meals and transportation services to the elderly programs and by the Department
of <del>Community</del> <ins>Public</ins> Health in furtherance of preschool children with special needs
programs.
(d) Following the transmittal of contributions to the department for deposit in the fund
pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall
be allocated as follows:
(1) Fifty percent of the contributions to the fund shall be used for home delivered meals
and transportation services to the elderly programs; and
(2) Fifty percent of the contributions to the fund shall be transferred to the Department
of <del>Community</del> <ins>Public</ins> Health to be used for preschool children with special needs
programs.
(e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant
funding that would otherwise be appropriated for these purposes. Contributions shall only
be used for benefits and services and shall not be used for personnel or administrative
positions. The department and the Department of <del>Community</del> <ins>Public</ins> Health shall each
prepare, by February 1 of each year, an accounting of the funds received and expended
from the fund and a review and evaluation of all expended moneys of the fund. The reports
shall be made available to the Governor, the Lieutenant Governor, the Speaker of the
House of Representatives, to the members of the Board of Human Services, and, upon
request, to members of the public.
(f)(1) Unless an earlier date is deemed feasible and established by the Governor, each
Georgia income tax return form for taxable years beginning on or after January 1, 1993,
shall contain appropriate language, to be determined by the state revenue commissioner,
offering the taxpayer the opportunity to contribute to the Home Delivered Meals,
Transportation Services for the Elderly, and Preschool Children with Special Needs Fund
established in subsection (c) of this Code section by either donating all or any part of any
tax refund due, by authorizing a reduction in the refund check otherwise payable, or by
contributing any amount over and above any amount of tax owed by adding that amount
to the taxpayer's payment. The instructions accompanying the income tax return form
shall contain a description of the purposes for which this fund was established and the
intended use of moneys received from the contributions. Each taxpayer required to file
a state income tax return who desires to contribute to such fund may designate such
contribution as provided in this Code section on the appropriate income tax return form.
(2) The Department of Revenue shall determine annually the total amount so contributed,
shall withhold therefrom a reasonable amount for administering this voluntary
contribution program, and shall transmit the balance to the department for deposit in the
fund established in subsection (c) of this Code section; provided, however, that the
amount retained for administrative costs, including implementation costs, shall not
exceed $50,000.00 per year. If, in any tax year, the administrative costs of the
Department of Revenue for collecting contributions pursuant to this Code section exceed
the sum of such contributions, the administrative costs which the Department of Revenue
is authorized to withhold from such contributions shall not exceed the sum of such
contributions."
PART II
SECTION 2-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Article 1 of Chapter 24, relating to general provisions, by revising Code Section 33-24-37,
which is reserved, as follows:
"33-24-37.
<ins>(a) As used in this Code section, the term:
(1) 'Complete credentialing application' means the submission of a credentialing
application and any supporting documents for a healthcare provider to a health insurer.
(2) 'Credentialing' means to collect, verify, and assess whether a healthcare provider
meets relevant licensing, education, and training requirements.
(b) 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.
(c) The department and the Department of Community Health shall coordinate with
stakeholders to establish a standardized credentialing application for use in credentialing
healthcare providers, which may be based on acceptance of data from or integration with
the credentialing verification system used by the state Medicaid program to verify the
qualifications, licenses, education, training, and professional history of healthcare
providers.
(d) No later than July 1, 2027, every health insurer shall utilize the standardized
credentialing application established pursuant to subsection (c) of this Code section.
</ins>
<ins>(e) No later than January 1, 2027, the department shall promulgate rules and regulations
to implement the provisions of this Code section.</ins> <del>Reserved."
</del> PART III
SECTION 3-1.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in
Article 1 of Chapter 2, relating to general provisions regarding the administration of mental
health, developmental disabilities, addictive diseases, and other disability services, by
revising Code Section 37-2-4, relating to the Behavioral Health Coordinating Council and
its membership, meetings, and obligations, by revising subsections (a) and (c.1) and by
adding a new subsection to read as follows:
"(a) There is created the Behavioral Health Coordinating Council. The council shall
consist of the commissioner of behavioral health and developmental disabilities; the
commissioner of early care and learning; the commissioner of community health; the
commissioner of public health; the commissioner of human services; the commissioner of
juvenile justice; the commissioner of corrections; the commissioner of veterans service; the
commissioner of community supervision; the commissioner of community affairs; the
commissioner of the Technical College System of Georgia; the Commissioner of Labor;
the State School Superintendent; <ins>the Commissioner of Insurance;</ins> the chairperson of the
State Board of Pardons and Paroles; a behavioral health expert employed by the University
System of Georgia, designated by the chancellor of the university system; two members,
appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32;
the Child Advocate for the Protection of Children; an expert on early childhood mental
health, appointed by the Governor; an expert on child and adolescent health, appointed by
the Governor; a pediatrician, appointed by the Governor; an adult consumer of public
behavioral health services, appointed by the Governor; a family member of a consumer of
public behavioral health services, appointed by the Governor; a parent of a child receiving
public behavioral health services, appointed by the Governor; a member of the House of
Representatives, appointed by the Speaker of the House of Representatives; and a member
of the Senate, appointed by the President of the Senate."
"(c.1) The commissioner of behavioral health and developmental disabilities, the
commissioner of early care and learning, the commissioner of community health, the
commissioner of public health, the commissioner of human services, the commissioner of
juvenile justice, the commissioner of corrections, the commissioner of veterans service, the
commissioner of community supervision, the commissioner of community affairs, the
commissioner of the Technical College System of Georgia, the Commissioner of Labor,
the State School Superintendent, <ins>the Commissioner of Insurance,</ins> and the chairperson of
the State Board of Pardons and Paroles shall each be authorized to be represented by a
delegate or agent at any meeting of the council or subcommittee meeting. Any such
delegate or agent shall be counted toward a quorum, shall have all voting privileges as the
member's delegate or agent, and shall not be considered an absence of the member."
<ins>"(j) The council shall serve in an advisory role for the parity compliance review panel
established pursuant to Code Section 37-2-12."
</ins> SECTION 3-2.
Said title is further amended in said article by adding a new Code section to read as follows:
<ins>"37-2-12.
(a) As used in this Code section, the term:
(1) 'Health care provider' means any health care professional licensed under Title 43 or
any hospital or other health care facility licensed or regulated under Chapter 7 of Title 31
or under this title.
(2) 'Panel' means the parity compliance review panel established pursuant to this Code
section.
</ins>
<ins>(b) There is established a parity compliance review panel within the council to be
composed of:
(1) The following members of the council:
(A) The commissioner of community health, or his or her designee;
(B) The commissioner of behavioral health and developmental disabilities, or his or her
designee;
(C) The commissioner of human services, or his or her designee; and
(D) The Commissioner of Insurance, or his or her designee; and
(2) The following appointed members:
(A) Two mental health clinicians, appointed by the Governor;
(B) Two senior executives of facilities or systems providing mental health care,
appointed by the Governor;
(C) One mental health advocate, appointed by the President of the Senate; and
(D) One mental health advocate, appointed by the Speaker of the House of
Representatives.
(c) Health care providers shall be required to report suspected violations by health insurers
of the mental health parity requirements contained in Code Sections 33-1-27 and
33-21A-13.
(d) The panel shall establish a simple and intuitive process to receive complaints reported
by health care providers pursuant to subsection (c) of this Code section. The panel shall
evaluate submitted complaints to determine whether a health insurer is in violation of
mental health parity laws. Based on such evaluation, the panel shall make
recommendations as to appropriate punitive actions, if any, that may be warranted for a
health insurer to the Commissioner of Insurance for violations of Code Section 33-1-27 and
to the commissioner of community health for violations of Code Section 33-21A-13.
(e) The panel shall be authorized to:
</ins>
<ins>(1) Receive and analyze required reports from insurance companies and health care
providers;
(2) Request additional information from health insurers regarding potential mental health
parity violations, including determinations of medical necessity;
(3) Create and review educational materials for consumers and health care providers
relating to compliance with mental health parity laws. Such educational materials shall
include information on the concept of mental health parity, individuals' rights, and the
complaint processes established pursuant to subsection (e) of Code Section 33-1-27,
subsection (e) of Code Section 33-21A-13, and subsection (d) of this Code section. All
such educational materials shall be culturally and linguistically sensitive, to the extent
practicable; available in multiple languages; widely distributed; and offered in various
formats, such as on a public website, in a brochure, and in written documentation; and
(4) Consult and coordinate with the Governor's office, the Department of Community
Health, and the office of the Commissioner of Insurance to establish criteria and
procedures for the panel in formulating recommendations relating to punitive action for
insurance companies that are not compliant with mental health parity laws.
(f) Subject to available funds, the panel shall establish a team to support the work of the
panel, including, but not limited to, research, report preparation, and creation of educational
materials."
</ins> PART IV
SECTION 4-1.
This Act shall become effective on July 1, 2026.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.