SB395: SB395 Department of Public Health; eligible for the Low THC Oil Patient Registry; require a physician to submit certain information to the Georgia Composite Medical Board

26 LC 52 1100S Senate Bill 395 By: Senators Kirkpatrick of the 32nd, Watson of the 1st, Hufstetler of the 52nd, Brass of the 6th, Albers of the 56th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the1 Department of Public Health, so as to authorize the Department of Public Health to disclose2 certain information regarding the Low THC Oil Patient Registry to the Georgia Composite3 Medical Board for certain purposes; to provide for annual reports by physicians; to restrict4 the use of such reports; to amend Chapter 11 of Title 31 of the Official Code of Georgia5 Annotated, relating to emergency medical services, so as to designate ambulance services as6 an essential service in this state; to provide for statutory construction; to provide for the EMS7 Interstate Compact; to provide for related matters; to repeal conflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department12 of Public Health, is amended by revising subsections (e) and (f) of Code Section 31-2A-18,13 relating to the Low THC Oil Patient Registry, registration cards, reports, waiver forms, and14 annual review and recommendations, as follows:15 S. B. 395 - 1 - 26 LC 52 1100S "(e) The board shall require physicians to issue semiannual annual reports to the board. 16 Such reports shall require physicians to provide information, including, but not limited to,17 dosages recommended for a particular condition, patient clinica l responses, levels of18 tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance,19 responses to treatment, side effects, and drug interactions. Such reports shall be used for20 research purposes to determine the efficacy of the use of low T HC oil as a treatment for21 conditions. A physician's failure to submit such a report shall not serve as the basis for the22 department to cancel or revoke a registration card.23 (f) Information received and records kept by the department for purposes of administering24 this Code section shall be confidential; provided, however, that such information shall be25 disclosed, subject to the provisions of the federal Health Insu rance Portability and26 Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:27 (1) Upon written request of an individual or caregiver registered pursuant to this Code28 section for information related to the individual or his or her caregiver;29 (2) To peace officers and prosecuting attorneys for the purpose of:30 (A) Verifying that an individual in possession of a registrati on card is registered31 pursuant to this Code section; or32 (B) Determining that an individual in possession of low THC oil is registered pursuant33 to this Code section; and34 (3) To government entities and other entities for statistical, research, educational,35 instructional, drug abuse prevention, or grant application purp oses after removing all36 personal identifiers from the health information and removing all information that could37 be used to identify prescribers physicians; and38 (4) To the board for investigatory, compliance, or disciplinary purposes."39 S. B. 395 - 2 - 26 LC 52 1100S SECTION 2.40 Chapter 11 of Title 31 of the Official Code of Georgia Annotate d, relating to emergency41 medical services, is amended by adding a new Code section to read as follows:42 "31-11-13.43 (a) Ambulance services, whether provided by a public, private nonprofit, or private for44 profit entity, are hereby declared to be essential services in this state.45 (b) This Code section shall not be construed to:46 (1) Revise or impact the provision of such services through local coordinating entities47 within territorial zones and health districts in this state; nor48 (2) Grant new or additional authority, oversight, or regulatory power to any state agency49 or local government of this state.50 (c) This Code section shall not conflict with or supplant Code Section 31-11-3, 31-11-4,51 or 38-3-71 or Georgia's status as a member of the EMS Interstate Compact."52 SECTION 3.53 All laws and parts of laws in conflict with this Act are repealed.54 S. B. 395 - 3 -