SB440: SB440 Department of Public Health; provisions relative to duties or functions; modernize and update

LC 60 0375S 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, relating1 to crimes and offenses, domestic relations, health, revenue and taxation, and social services,2 respectively, so as to modernize and revise provisions relative to duties or functions of the3 Department of Public Health; to eliminate certain powers of sta te regulatory boards4 governing prescribers relative to the prescription drug monitor ing program database; to5 eliminate certain requirements of the Department of Public Health relative to the testing and6 certification of such database; to repeal provisions relative to the Electronic Database Review7 Advisory Committee; to add an exception to the classification of ivermectin as a dangerous8 drug; to provide for requirements and rules for dispensing of i vermectin under such9 exception; to repeal provisions relative to the preparation and distribution of informational10 materials regarding AIDS, HIV, testing for sickle cell disease, and marriage; to revise11 provisions relative to hearing screenings of newborns; to eliminate reporting requirements12 of certain entities permitted to administer auto-injectable epinephrine; to eliminate certain13 duties of the Department of Public Health relative to establish ing requirements for the14 storage and oversight of such drugs; to repeal provisions relative to a pilot program for home15 visitation during pregnancy and early childhood; to revise certain reporting requirements of16 the Department of Public Health regarding a program providing h ealthcare services to17 low-income residents; to revise certain reporting requirements of such department relative18 - 1 - LC 60 0375S to certified stroke centers; to condition reporting requirements of the Office of Cardiac Care19 on appropriations; to eliminate certain reporting requirements of the Department of Public20 Health relative to infants born with neonatal abstinence syndro me; to repeal provisions21 relative to the Cancer Advisory Committee; to eliminate the cancer control officer position;22 to revise certain duties of the commissioner relative to a prog ram for cancer prevention,23 control, and treatment; to repeal the "Osteoporosis Prevention and Treatment Education Act";24 to revise provisions related to the establishment of a network of postnatal tissue and fluid25 banks; to repeal provisions relative to the Georgia Commission for Saving the Cure; to26 eliminate optional taxpayer contributions to stem cell research; to repeal provisions relative27 to the Arthritis Prevention and Control Program; to transfer certain duties of the Department28 of Community Health relative to programs for home delivered meals to the Department of29 Public Health; to make conforming changes; to amend Title 33 of the Official Code of30 Georgia Annotated, relating to insurance, so as to require heal th insurers to implement a31 standardized credentialing application; to provide for health insurers to approve credentialing32 applications within a certain time frame; to provide for the Department of Insurance and the33 Department of Community Health to coordinate with stakeholders to establish a standardized34 credentialing application; to provide for health insurers to utilize such application; to provide35 for rules and regulations; to amend Title 37 of the Official Co de of Georgia Annotated,36 relating to mental health, so as to add a member to the Behavio ral Health Coordinating37 Council; to establish a parity compliance review panel; to prov ide for its composition and38 duties; to require health care providers to report suspected mental health parity violations to39 the panel; to provide for evaluation of complaints; to provide for recommendations for40 punitive actions; to provide for definitions; to provide for re lated matters; to provide an41 effective date; to repeal conflicting laws; and for other purposes.42 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:43 - 2 - LC 60 0375S PART I44 SECTION 1-1.45 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is46 amended in Part 2 of Article 2 of Chapter 13, relating to presc ripton drug monitoring47 program data base, by revising Code Section 16-13-57, relating to a program to record48 prescription information into electronic data base and administ ration and oversight, as49 follows:50 "16-13-57.51 (a) As used in this part, the term:52 (1) 'Department' means the Department of Public Health.53 (2) 'PDMP' means the prescription drug monitoring program data base database.54 (b) Subject to funds as may be appropriated by the General Ass embly or otherwise55 available for such purpose, the department shall, in consultati on with members of the56 Georgia Composite Medical Board, the State Board of Pharmacy, and the agency, establish57 and maintain a program to electronically record into an electro nic PDMP prescription58 information resulting from the dispensing of Schedule II, III, IV, or V controlled59 substances and to electronically review such prescription information that has been entered60 into such data base database. The purpose of such PDMP shall be to assist in the reduction61 of the abuse of controlled substances; to improve, enhance, and encourage a better quality62 of healthcare by promoting the proper use of medications to treat pain and terminal illness;63 to reduce duplicative prescribing and overprescribing of controlled substance practices for64 health oversight purposes; and to gather data for epidemiologic al research. The PDMP65 shall be administered by the department.66 (c)(1) Each prescriber who has a DEA registration number shall enroll to become a user67 of the PDMP as soon as possible, and no later than January 1, 2018; provided, however,68 that prescribers who attain a DEA registration number after such date shall enroll within69 - 3 - LC 60 0375S 30 days of attaining such credentials. A prescriber who violates this subsection shall be70 held administratively accountable to the state regulatory board governing such prescriber71 for such violation.72 (2) Any state regulatory board governing prescribers shall have the discretion to rescind73 any consent orders or other disciplinary actions that were entered into or imposed prior74 to April 26, 2019, for a violation of paragraph (1) of this subsection after review based75 on, but not limited to, the following factors: subsequent compliance with paragraph (1)76 of this subsection; compliance with the terms of the consent order or other disciplinary77 action; and whether such prescriber has had previous infraction s o f o t h e r l a w s o r78 regulations relating to his or her licensure. The authority granted under this paragraph79 shall expire on December 31, 2019.80 (3)(2) For On and after April 26, 2019, for purposes of this subsection, the term81 'administratively accountable' shall mean a warning or the imposition of a fine, but any82 such fine shall not be considered a disciplinary action against the licensee.83 (d) Between January 1, 2018, and May 31, 2018, the department shall randomly test the84 PDMP to determine if it is accessible and operational 99.5 perc ent of the time. If the85 department determines that the PDMP meets such standard, then between June 1, 2018, and86 June 20, 2018, the department shall certify in writing to each board that governs prescribers87 that it is operational. Each board that governs prescribers shall publish such information88 on its website."89 SECTION 1-2.90 Said title is further amended in said part by revising Code Sec tion 16-13-61, relating to91 Electronic Database Review Advisory Committee, members, terms, officers, procedure, and92 compensation, as follows:93 - 4 - LC 60 0375S "16-13-61.94 (a) There is established an Electronic Database Review Advisor y Committee for the95 purposes of consulting with and advising the department on matt ers related to the96 establishment, maintenance, and operation of how prescriptions are electronically reviewed97 pursuant to this part. This shall include, but shall not be li mited to, data collection,98 regulation of access to data, evaluation of data to identify be nefits and outcomes of the99 reviews, communication to prescribers and dispensers as to the intent of the reviews and100 how to use the PDMP, and security of data collected.101 (b) The advisory committee shall consist of 12 members as follows:102 (1) A representative from the agency;103 (2) A representative from the Georgia Composite Medical Board;104 (3) A representative from the Georgia Board of Dentistry;105 (4) A representative with expertise in personal privacy matter s, appointed by the106 president of the State Bar of Georgia;107 (5) A representative from a specialty profession that deals in addictive medicine,108 appointed by the Georgia Composite Medical Board;109 (6) A pain management specialist, appointed by the Georgia Composite Medical Board;110 (7) An oncologist, appointed by the Georgia Composite Medical Board;111 (8) A representative from a hospice or hospice organization, appointed by the Georgia112 Composite Medical Board;113 (9) A representative from the State Board of Optometry;114 (10) The consumer member appointed by the Governor to the State Board of Pharmacy115 pursuant to subsection (b) of Code Section 26-4-21;116 (11) A pharmacist from the State Board of Pharmacy; and117 (12) A representative from the Department of Public Health.118 (c) Each member of the advisory committee shall serve a three- year term or until the119 appointment and qualification of such member's successor.120 - 5 - LC 60 0375S (d) The advisory committee shall elect a chairperson and vice chairperson from among its121 membership to serve a term of one year. The vice chairperson s hall serve as the122 chairperson at times when the chairperson is absent.123 (e) The advisory committee shall meet at the call of the chairperson or upon request by at124 least three of the members and shall meet at least one time per year. Five members of the125 committee shall constitute a quorum.126 (f) The members shall receive no compensation or reimbursement of expenses from the127 state for their services as members of the advisory committee. Reserved."128 SECTION 1-3.129 Said title is further amended in said part by revising paragraph (2) of subsection (a) of Code130 Section 16-13-63, relating to liability, review of PDMP data wh en filing certain131 prescriptions, and cause of action for civil damages, as follows:132 "(2)(A) On and after July 1, 2018, when a prescriber is prescri bing a controlled133 substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines,134 he or she shall seek and review information from the PDMP the f irst time he or she135 issues such prescription to a patient and thereafter at least once every 90 days, unless136 the:137 (i) Prescription is for no more t han a three-day supply of suc h substance and no138 more than 26 pills;139 (ii) Patient is in a hospital or healthcare facility, includin g, but not limited to, a140 nursing home, an intermediate care home, a personal care home, or a hospice141 program, which provides patient care and prescriptions to be administered and used142 by a patient on the premises of the facility;143 (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center144 and the prescription is for no more than a ten-day supply of such substance and no145 more than 40 pills;146 - 6 - LC 60 0375S (iv) Patient is terminally ill or under the supervised care of an outpatient hospice147 program; or148 (v) Patient is receiving treatment for cancer.149 (B) This paragraph shall not become effective unless the depar tment's certification150 required by subsection (d) of Code Section 16-13-57 has been issued.151 (C)(B) A prescriber who violates this paragraph shall be held admini stratively152 accountable to the state regulatory board governing such prescriber but shall not be held153 civilly liable for damages to any person in any civil or admini strative action or154 criminally responsible for injury, death, or loss to person or property on the basis that155 such prescriber did or did not seek or obtain information from such data base database156 when prescribing such substance."157 SECTION 1-4.158 Said title is further amended in Article 3 of said chapter, rel ating to dangerous drugs, by159 revising paragraph (12.1) of subsection (c) of Code Section 16-13-71, relating to dangerous160 drug, as follows:161 "(12.1) Ivermectin —162 (A) When used with a strength of 0.5 percent or less in a topical lotion; or163 (B) When dispensed by a pharmacist to a patient 18 years of ag e or older, and164 following a good-faith patient assessment that includes screening for contraindications,165 current medications, and potential drug interactions, as a prod uct in finished dosage166 formulation in its original container that has been approved by and labeled in167 compliance with the United States Food and Drug Administration (FDA). Such product168 shall be classified as a behind-the-counter medication and shal l not be available for169 self-service. The State Board of Pharmacy shall adopt rules governing the dispensing170 of ivermectin under this subparagraph;"171 - 7 - LC 60 0375S SECTION 1-5.172 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is173 amended in Article 2 of Chapter 3, relating to license and cere mony, by revising Code174 Section 19-3-35.1, relating to AIDS brochures, listing of HIV test sites, and acknowledgment175 of receipt, as follows:176 "19-3-35.1.177 (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have178 the meaning provided for such term in Code Section 31-22-9.1.179 (b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and180 the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. 181 That department shall also prepare a listing of sites at which confidential and anonymous182 HIV tests are provided without charge. That department shall further prepare a form for183 acknowledging that the brochures and listings have been receive d, as required by184 subsection (c) of this Code section. The brochures, listings, and forms prepared by the185 Department of Public Health (formerly known as the Department of Human Resources for186 these purposes) under this subsection shall be prepared and furnished to the office of each187 judge of the probate court no later than October 1, 1988.188 (c) On and after October 1, 1988, each person who makes applic ation for a marriage189 license shall receive from the office of the probate judge at the time of the application the190 AIDS brochure and listing of HIV test sites prepared and furnis hed pursuant to191 subsection (b) of this Code section. On and after October 1, 1 988, no marriage license192 shall be issued unless both the proposed husband and the propos ed wife sign a form193 acknowledging that both have received the brochure and listing. Reserved."194 SECTION 1-6.195 Said title is further amended in said article by revising Code Section 19-3-40, relating to196 blood test for sickle cell disease and information to be provided, as follows:197 - 8 - LC 60 0375S "19-3-40.198 (a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood199 test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.200 (b) The Department of Public Health shall prepare information for public dissemination201 on the department's website describing the importance of obtaining a blood test for sickle202 cell disease and explaining the causes and effects of such disease. Such information shall203 recommend that each applicant applying for a marriage license o btain a blood test for204 sickle cell disease prior to obtaining a marriage license. Suc h information may also be205 provided as a brochure or other document. The department shall make such information206 available in electronic format to the probate courts of this st ate which shall disseminate207 such information to all persons applying for marriage licenses. Reserved."208 SECTION 1-7.209 Said title is further amended in said article by revising Code Section 19-3-41, relating to210 Department of Public Health marriage manual, distribution, and rules and regulations, as211 follows: 212 "19-3-41.213 (a) The Department of Public Health shall prepare a marriage manual for distribution by214 the judge of the probate court or his clerk to all applicants f or a marriage license. The215 manual shall include, but shall not be limited to, material on family planning.216 (b) The manual provided for in subsection (a) of this Code section shall be issued by the217 judge of the probate court or his clerk to applicants for a marriage license at the same time218 the marriage license is issued.219 (c) The Department of Public Health shall promulgate rules and regulations to implement220 this Code section.221 - 9 - LC 60 0375S (d) In order to be nonsectarian, the manual will include resource referral information for222 those who might have questions regarding religious beliefs in t he areas covered by the223 marriage manual. Reserved."224 SECTION 1-8.225 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in226 Chapter 1, relating to general provisions, by revising subsecti on (e) of Code227 Section 31-1-3.2, relating to hearing screenings for newborns, as follows:228 "(e) It is the intent of the General Assembly that, by July 1, 2002, newborn hearing229 screening be conducted on no fewer than 95 percent of all newbo rn infants born in230 hospitals in this state, using procedures established by rule and or regulation of the Board231 of Public Health after review of any recommendations of the adv isory committee on232 hearing in newborn infants, created in former subsection (d) of this Code section. Toward233 that end, on and after July 1, 2001, every department. Every licensed or certified hospital234 and physician shall educate the parents of newborn infants born in such hospitals of the235 importance of screening the hearing of newborn infants and foll ow-up care. Education236 shall not be considered a substitute for the hearing screening described in this subsection. 237 Every licensed or permitted hospital shall report annually to t he Department of Public238 Health concerning the following number of newborn infants:239 (1) Born The number of newborn infants born in the hospital;240 (2) Screened The number of newborn infants screened;241 (3) Who The number of newborn infants who passed the screening, if administered; and242 (4) Who The number of newborn infants who did not pass the screening, if243 administered."244 - 10 - LC 60 0375S SECTION 1-9.245 Said title is further amended in said chapter by repealing subs ections (f) and (g) of Code246 Section 31-1-15, relating to use of auto-injectable epinephrine by authorized entities.247 SECTION 1-10.248 Said title is further amended in Article 1 of Chapter 2A, relat ing to Department of Public249 Health, by revising Code Section 31-2A-19, relating to pilot pr ogram for home visitation250 during pregnancy and early childhood, reporting, and funding requirement, as follows:251 "31-2A-19.252 (a) The Department of Public Health shall conduct a pilot prog ram to provide home253 visiting in at-risk and underserved rural communities during pregnancy and early childhood254 to improve birth outcomes, reduce preterm deliveries, and decre ase infant and maternal255 mortality.256 (b) No later than December 31, 2024, the department shall submit a detailed written report257 on the implementation and effectiveness of the pilot program to the Governor, the Speaker258 of the House of Representatives, the President of the Senate, a nd the chairpersons of the259 House Committee on Public Health and the Senate Health and Human Services Committee. 260 Such report shall also include recommendations as to expansion of the pilot program state261 wide.262 (c) This Code section shall be contingent upon appropriations made by the General263 Assembly specifically for the department for such purposes. Reserved."264 SECTION 1-11.265 Said title is further amended in Article 8 of Chapter 8, relating to "health share" volunteers266 in medicine, by revising Code Section 31-8-198, relating to annual report, as follows:267 - 11 - LC 60 0375S "31-8-198.268 Annually, the department shall report to the President of the S enate, the Speaker of the269 House of Representatives, the minority leaders of each house, a nd chairpersons of the270 House Public and Community Health and Human Services Committee and the Senate271 Health and Human Services Committee, summarizing the efficacy of access and treatment272 outcomes access points of service and utilization data with respect to providing health care273 healthcare services for low-income persons pursuant to this article."274 SECTION 1-12.275 Said title is further amended in Article 6 of Chapter 11, relating to system of certified stoke276 centers, by revising subsection (d) of Code Section 31-11-114, relating to grants and report,277 as follows:278 "(d) Subject to appropriations, the The department shall annually prepare and submit to the279 Governor, the President of the Senate Lieutenant Governor, the Speaker of the House of280 Representatives, and the chairpersons of the House Committee on Public and Community281 Health and Human Services and the Senate Health and Human Services Committee for282 distribution to its committee members a report indicating the total number of hospitals that283 have applied for grants pursuant to this Code section, the number of applicants that have284 been determined by the department to be eligible for such grants, the total number of grants285 to be awarded, the name and address of each grantee hospital, the amount of the award to286 each grantee, and the amount of each award to be disbursed to the grantee."287 SECTION 1-13.288 Said title is further amended in Article 7 of Chapter 11, relating to emergency cardiac care289 centers, by revising subsection (d) of Code Section 31-11-135, relating to grants to hospitals290 and reporting, as follows:291 - 12 - LC 60 0375S "(d) Subject to appropriations, the The office shall annually prepare and submit to the292 Office of Health Strategy and Coordination a report indicating the total number of hospitals293 that have applied for grants pursuant to this Code section, the number of applicants that294 have been determined by the office to be eligible for such grants, the total number of grants295 to be awarded, the name and address of each grantee, and the amount of the award to each296 grantee."297 SECTION 1-14.298 Said title is further amended in Chapter 12, relating to contro l of hazardous conditions,299 preventable diseases, and metabolic disorders, by revising subsection (a.1) of Code Section300 31-12-2, relating to required reporting of certain health conditions that may pose substantial301 risk and required reporting of neonatal abstinence syndrome, as follows:302 "(a.1)(1) As used in this subsection, the term 'neonatal abstin ence syndrome' means a303 group of physical problems that occur in a newborn infant who was exposed to addictive304 illegal or prescription drugs while in the mother's womb.305 (2) The department shall require notice and reporting of incidents of neonatal abstinence306 syndrome. A health care healthcare provider, coroner, or medical examiner, or any other307 person or entity the department determines has knowledge of dia gnoses or health308 outcomes related, directly or indirectly, to neonatal abstinenc e syndrome shall report309 incidents of neonatal abstinence syndrome to the department. T he department shall310 provide an annual report to the President of the Senate, the Sp eaker of the House of311 Representatives, the chairperson of the House Committee on Health and Human Services,312 and the chairperson of the Senate Health and Human Services Committee. Such annual313 report shall include any department findings and recommendations on how to reduce the314 number of infants born with neonatal abstinence syndrome."315 - 13 - LC 60 0375S SECTION 1-15.316 Said title is further amended in Chapter 15, relating to care and treatment of cancer patients,317 by revising Code Section 31-15-3, relating to Cancer Advisory Committee, as follows:318 "31-15-3.319 (a) The Governor shall appoint a Cancer Advisory Committee to advise the department in320 the administration of this chapter. The committee shall establish priorities and recommend321 relative budgets for the various purposes of this chapter as described below.322 (b) The Cancer Advisory Committee shall consist of 18 members appointed by the323 Governor as follows:324 (1) Four members representing medical schools as follows: The term of office of those325 two members appointed from a list of names submitted to the Governor by the deans of326 the medical schools located within this state, which members are serving as such on June327 30, 1985, shall expire on that date and upon the appointment and qualification of the first328 two members appointed by the Governor in 1985 pursuant to this paragraph. On and329 after July 1, 1985, four membership positions on the committee shall represent the four330 medical schools, whether public or private, located within this state. The deans of those331 schools shall each submit to the Governor a list of three names and the Governor shall332 appoint one member from each of those four lists;333 (2) Two members shall be appointed by the Governor from a list of six names submitted334 to him by the chief executive officers of the hospitals or canc er clinics located within335 Georgia which are equipped to provide modern treatment for pati ents suffering from336 cancer;337 (3) Two members shall be appointed by the Governor from a list of six names submitted338 to him by the Medical Association of Georgia;339 (4) Two members shall be appointed by the Governor from a list of six names submitted340 to him by the American Cancer Society, Georgia Division;341 - 14 - LC 60 0375S (5) The term of office of the two members appointed from the list of names submitted342 to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon343 July 1, 1985, and such two membership positions shall thereafter be abolished;344 (6) One member shall be appointed by the Governor from a list of three names submitted345 to him by the Georgia Claims Association and the Georgia Chapte r of the Health346 Insurance Association of America;347 (7) One member shall be appointed by the Governor from a list of three names submitted348 to him by the director of the Georgia Vocational Rehabilitation Agency;349 (8) Two members shall be selected by the Governor from the general public;350 (9) One member shall be appointed by the Governor from a list of three names submitted351 to him by the Georgia Nurses Association;352 (10) One member shall be appointed by the Governor from a list of three names353 submitted to him by the Georgia Association of Pathologists;354 (11) One member shall be appointed by the Governor from a list of three names355 submitted to him by the Georgia State Medical Association; and356 (12) One member shall be appointed by the Governor from a list of three names357 submitted to him by the Georgia Pharmaceutical Association.358 (c) The persons whose names are submitted to the Governor by the medical colleges, the359 hospitals, the Medical Association of Georgia, the Georgia State Medical Association, and360 the Georgia Association of Pathologists shall all be physicians licensed to practice361 medicine under the laws of Georgia, and the persons whose names are submitted by the362 Medical Association of Georgia and the Georgia State Medical As sociation shall all be363 actively engaged in the practice of medicine. The persons whose names are submitted to364 the Governor by the Georgia Nurses Association shall all be registered professional nurses365 licensed to practice nursing under the laws of Georgia. All pe rsons whose names are366 submitted to the Governor by the Georgia Pharmaceutical Association shall be registered367 pharmacists licensed to practice pharmacy under the laws of Georgia.368 - 15 - LC 60 0375S (d) The Governor shall appoint the initial members for staggered terms as follows: three369 shall be appointed for terms to expire on December 31, 1977; three shall be appointed for370 terms to expire on December 31, 1978; three shall be appointed for terms to expire on371 December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980. 372 Thereafter, their successors shall be appointed for terms of fo ur years, and until their373 successors are appointed and qualified, to begin on the expiration of the respective terms374 of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for375 the unexpired term in the same manner that other appointments a re made. Those initial376 members added to the committee in 1985 shall be appointed for initial terms beginning July377 1, 1985, and expiring December 31, 1989, and upon the appointment and qualification of378 their respective successors. Thereafter, their successors shall be appointed for terms of four379 years and until their respective successors are appointed and qualified, such terms to begin380 on the expiration of the respective terms of office.381 ( e ) T h e C a n c e r A d v i sory C o m m i t t e e s h a l l m e e t a s o f t e n a s t h e commissioner deems382 necessary but not less than twice each year. Reserved."383 SECTION 1-16.384 Said title is further amended in said chapter by revising Code Section 31-15-4, relating to385 cancer control officer, as follows:386 "31-15-4.387 The commissioner shall appoint a cancer control officer. The cancer control officer shall388 be a physician licensed to practice medicine under Chapter 34 o f Title 43 and shall be389 knowledgeable in the field of medicine covered by this chapter. He or she shall administer390 the cancer program for the Department of Public Health in compliance with this chapter. 391 He or she shall be provided an office with clerical and administrative assistance to carry392 out this program. Reserved."393 - 16 - LC 60 0375S SECTION 1-17.394 Said title is further amended in said chapter by revising Code Section 31-15-5, relating to395 duties of commissioner, as follows:396 "31-15-5.397 The commissioner, with the advice of the Cancer Advisory Committee, shall:398 (1) Develop standards for determining eligibility of patients for care and treatment under399 this program, set standards for the equipping and staffing of c ancer clinics located400 strategically throughout the state and so placed that patients requiring treatment will not401 have to travel more than 75 miles to secure such treatment. When the clinics meet such402 standards, they shall be certified by the department. Patients treated at uncertified cancer403 clinics shall not be eligible for state aid for reimbursement;404 (2) In the event that federal grant programs become available for patient care, the405 commissioner may allocate state matching funds in whatever depa rtment of state406 government they may be administered so as to maximize the total funds available and to407 obtain funding needed by the specific patient population which is declared eligible. 408 These programs include but are not restricted to Medicaid, crippled children's services,409 and vocational rehabilitation;410 (3) Extend financial aid to persons suffering from cancer to e nable them to obtain the411 medical, nursing, pharmaceutical, and technical services necess ary in caring for such412 disease. Criteria and procedures for financial aid will be dev eloped by the Division of413 Physical Health in accordance with the principle that pauperization of a functional family414 unit will subvert the rehabilitative purposes of this program and will be more costly to the415 state in the long run department;416 (4) Assist in the development and expansion, by grant or by contract, of programs for the417 care and treatment of persons suffering from cancer so that the most efficient and418 effective treatment may be offered to the patients certified as eligible;419 (5) Assist in the development of programs for the prevention of cancer;420 - 17 - LC 60 0375S (6) Assist in the development and execution of programs for th e early detection of421 cancer, such as breast self-examination for breast cancer and t he Papanicolaou test for422 cancer of the cervix;423 (7) Institute and support, directly or through health organizations such as the American424 Cancer Society and the Georgia Cancer Management Network Center for Oncology425 Research and Education, educational programs for physicians, providers of health care426 healthcare providers, and the public concerning cancer, including the dissemination of427 information regarding prevention, early detection, and treatment; and428 (8) Support a state-wide registry of all patients treated in c ertified cancer clinics429 diagnosed with cancer in order to evaluate the nature and extent of the incidence of430 cancer and the effectiveness of treatment."431 SECTION 1-18.432 Said title is further amended by repealing and reserving Chapte r 42, the "Osteoporosis433 Prevention and Treatment Education Act."434 SECTION 1-19.435 Said title is further amended in Chapter 46, relating to Newborn Umbilical Cord Blood Bank,436 by revising Code Section 31-46-3, relating to Newborn Umbilical Cord Blood Bank for437 postnatal tissue and fluid, creation, and donations and information concerning donations, as438 follows:439 "31-46-3.440 (a) Public Not later than June 30, 2008, the Georgia Commission for Saving the Cure, as441 created in Code Section 31-46-4, shall establish a network of p ostnatal tissue and fluid442 banks in partnership with one or more public or private colleges or universities, public or443 private hospitals, nonprofit organizations, or private firms in this state may establish a444 network of postnatal tissue and fluid banks for the purpose of collecting and storing445 - 18 - LC 60 0375S postnatal tissue and fluid. The bank network, which shall be k nown as the Newborn446 Umbilical Cord Blood Bank, shall make such tissue and fluid ava ilable for medical447 research and treatment in accordance with this chapter.448 (b) The Georgia Commission for Saving the Cure shall develop a program to educate449 pregnant patients with respect to the banking of postnatal tiss ue and fluid. The program450 shall include:451 (1) Notice of the existence of the Newborn Umbilical Cord Blood Bank;452 (2) An explanation of the difference between public and private banking programs;453 (3) The medical process involved in the collection and storage of postnatal tissue and454 fluid;455 (4) The current and potential future medical uses of stored postnatal tissue and fluid;456 (5) The benefits and risks involved in the banking of postnatal tissue and fluid; and457 (6) The availability and cost of storing postnatal tissue and fluid in public and private458 umbilical cord blood banks.459 (c)(b) Beginning June 30, 2009, all physicians and hospitals in this state shall inform460 pregnant patients of the full range of options for donation of postnatal tissue and fluids no461 later than 30 days from the commencement of the patient's third trimester of pregnancy or462 at the first consultation between the attending physician or the hospital, whichever is later;463 provided, however, that this subsection shall not be construed to require the participation464 of any physician who objects to the transfusion or transplantation of blood on the basis of465 bona fide religious beliefs.466 (d)(c) Nothing in this Code section shall be construed to prohibit a person from donating467 postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or468 fluid with a private blood and tissue bank.469 (e)(d) Any college or university, hospital, nonprofit organization, or private firm470 participating in the Newborn Umbilical Cord Blood Bank shall ha ve or be subject to an471 institutional review board which shall be available on an ongoi ng basis to review the472 - 19 - LC 60 0375S research procedures and conduct of any person desiring to conduct research with postnatal473 tissue and fluid from the bank. The institutional review board shall establish procedures474 to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with475 applicable federal guidelines."476 SECTION 1-20.477 Said title is further amended in said chapter by revising Code Section 31-46-4, relating to478 Georgia Commission for Saving the Cure, creation, membership, a ppointment, terms of479 office, and duties, as follows:480 "31-46-4.481 (a) There is created the Georgia Commission for Saving the Cure which shall consist of482 15 members appointed as provided in this Code section. The commission shall be assigned483 to the Department of Public Health for administrative purposes only, as prescribed in Code484 Section 50-4-3.485 (b) Seven members shall be appointed by the Governor. The Governor shall appoint four486 members to serve initial terms of three years and three members to serve initial terms of487 two years. Thereafter, successors to such initial appointees shall serve terms of three years. 488 The Governor shall designate one of the persons so appointed to be the chairperson of the489 commission. If the chief executive officer of the Georgia Rese arch Alliance is not490 appointed by the Governor or any other appointing authority to serve on the commission,491 he or she shall serve as an advisory member.492 (c) Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant493 Governor belongs to a political party other than the political party to which a majority of494 the members of the Senate belong, by the Senate Committee on As signments. Of these495 four members, there shall be at least one of each of the following: a physician licensed to496 practice medicine in this state; a recognized medical ethicist with an accredited degree in497 medicine, medical ethics, or theology; a medical researcher in permitted stem cell research;498 - 20 - LC 60 0375S and an attorney with experience in health policy law. The Lieutenant Governor or Senate499 Committee on Assignments shall appoint two members to serve initial terms of three years500 and two members to serve initial terms of two years. Thereafter, successors to such initial501 appointees shall serve terms of three years.502 (d) Four members shall be appointed by the Speaker of the House of Representatives. Of503 these four members, there shall be at least one of each of the following: a physician504 licensed to practice medicine in this state; a recognized medical ethicist with an accredited505 degree in medicine, medical ethics, or theology; a medical researcher in permitted stem cell506 research; and an attorney with experience in health policy law. The Speaker of the House507 of Representatives shall appoint two members to serve initial terms of three years and two508 members to serve initial terms of two years. Thereafter, succe ssors to such initial509 appointees shall serve terms of three years.510 (e) Members of the commission shall be eligible to succeed themselves. The initial terms511 of office shall begin on July 1, 2007. Appointments shall be m ade by the respective512 appointing authorities no later than June 15, 2007. Thereafter, appointments of successors513 shall be made by the respective appointing authority no later t han June 1 of the year in514 which the member's term of office expires. Vacancies shall be filled for the unexpired term515 by the respective appointing authority.516 (f) The commission shall meet at least four times per year at the call of the chairperson or517 upon the request of at least seven of its members.518 (g) The commission shall have the following duties and responsibilities:519 (1) To investigate the implementation of this chapter and to r ecommend any520 improvements to the General Assembly;521 (2) To make available to the public the records of all meeting s of the commission and522 of all business transacted by the commission;523 - 21 - LC 60 0375S (3) To oversee the operations of the Newborn Umbilical Cord Blood Bank established524 in Code Section 31-46-3, including approving all fees established to cover administration,525 collection, and storage costs;526 (4) To undertake the Saving the Cure initiative by promoting awareness of the Newborn527 Umbilical Cord Blood Bank and encouraging donation of postnatal tissue and fluid to the528 bank;529 (5) To ensure the privacy of persons who donate postnatal tiss ue and fluid to the530 Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3531 consistent with applicable federal guidelines;532 (6) To develop a plan for making postnatal tissue and fluid collected under the Saving533 the Cure initiative available for medical research and treatment and to ensure compliance534 with all relevant national practice and quality standards relating to such use;535 (7) To develop a plan for private storage of postnatal tissue and fluid for medical536 treatment or to make potential donors aware of private storage options for said tissue and537 fluid as deemed in the public interest;538 (8) To participate in the National Cord Blood Program and to r egister postnatal tissue539 and fluid collected with registries operating in connection with the program;540 (9) To make grants and enter into agreements to support permit ted stem cell research541 with immediate and clinical medical applications;542 (10) To employ such staff and to enter into such contracts as may be necessary to fulfill543 its duties and responsibilities under this chapter subject to f unding by the General544 Assembly; and545 (11) To report annually to the General Assembly in December of each year concerning546 the activities of the commission with recommendations for any l egislative changes or547 funding necessary or desirable to fulfill the goals of this chapter.548 - 22 - LC 60 0375S (h) The commission shall provide for protection from disclosure of the identity of persons549 making donations to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a)550 of Code Section 31-46-3.551 (i) The commission may request additional funding from any additional source including,552 but not limited to, federal and private grants.553 (j) The commission may establish a separate not for profit organization or foundation for554 the purposes of supporting the Newborn Umbilical Cord Blood Bank established pursuant555 to Code Section 31-46-3. Reserved."556 SECTION 1-21.557 Said title is further amended by repealing and reserving Chapte r 47, relating to Arthritis558 Prevention and Control Program.559 SECTION 1-22.560 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is561 amended in Article 3 of Chapter 7, relating to returns and furn ishing of information, by562 revising Code Section 48-7-63, relating to optional taxpayer contributions to permitted stem563 cell research through income tax payment and refund process, as follows:564 "48-7-63.565 (a) Each Georgia income tax return form for taxable years beginning on or after January566 1, 2007, shall contain appropriate language, to be determined b y the commissioner,567 offering the taxpayer the opportunity to contribute to permitte d stem cell research, as568 defined in Code Section 31-46-2, through the Georgia Commission for Saving the Cure by569 donating either all or any part of any tax refund due, by autho rizing a reduction in the570 refund check otherwise payable, or by contributing any amount over and above any amount571 of tax owed by adding that amount to the taxpayer's payment. T he instructions572 accompanying the income tax return form shall contain a description of the purposes for573 - 23 - LC 60 0375S which the commission was established and the intended use of moneys received from the574 contributions. Each taxpayer required to file a state income t ax return who desires to575 contribute to the commission may designate such contribution as provided in this Code576 section on the appropriate income tax return form.577 (b) The Department of Revenue shall determine annually the total amount so contributed578 and shall transmit such amount to the Georgia Commission for Sa ving the Cure. 579 Reserved."580 SECTION 1-23.581 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended582 in Chapter 1, relating to general provisions, by revising Code Section 49-1-7, relating to583 home delivered meals, transportation, services for the elderly, and preschool children with584 special needs fund, as follows:585 "49-1-7.586 (a) The General Assembly finds that it is in the best interest of the state to provide for587 programs for home delivered meals, transportation services for the elderly, and preschool588 children with special needs, including but not limited to disab led children, troubled589 children, school readiness programs, and other similar needs for the benefit of the citizens590 of Georgia. In addition to and as a supplement to traditional financing mechanisms for591 such programs, it is the policy of this state to enable and encourage citizens voluntarily to592 support such programs.593 (b) To support programs for home delivered meals, transportation services for the elderly,594 and preschool children with special needs which programs have b een established or595 approved by the department or the Department of Community Public Health, the596 department may, without limitation, promote and solicit voluntary contributions through597 the income tax return contribution mechanism established in sub section (f) of this Code598 section, through offers to match contributions by any person with moneys appropriated or599 - 24 - LC 60 0375S contributed to the department or the Department of Community Public Health for such600 programs, or through any fund raising or other promotional techniques deemed appropriate601 by the department or the Department of Community Public Health.602 (c) There is established a special fund to be known as the 'Ho me Delivered Meals,603 Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.'604 This fund shall consist of all moneys contributed under subsection (b) of this Code section,605 all moneys transferred to the department under subsection (f) of this Code section, and any606 other moneys contributed to this fund or to the home delivered meals, transportation607 services for the elderly, or preschool children with special ne eds programs of the608 department or the Department of Community Public Health and all interest thereon. All609 balances in the fund shall be deposited in an interest-bearing account identifying the fund610 and shall be carried forward each year so that no part thereof may be deposited in the611 general treasury. The fund shall be administered and the moneys held in the fund shall be612 expended by the department through the Division of Aging Services in furtherance of home613 delivered meals and transportation services to the elderly programs and by the Department614 of Community Public Health in furtherance of preschool children with special needs615 programs.616 (d) Following the transmittal of contributions to the departme nt for deposit in the fund617 pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall618 be allocated as follows:619 (1) Fifty percent of the contributions to the fund shall be used for home delivered meals620 and transportation services to the elderly programs; and621 (2) Fifty percent of the contributions to the fund shall be transferred to the Department622 of Community Public Health to be used for preschool children with special needs623 programs.624 (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant625 funding that would otherwise be appropriated for these purposes. Contributions shall only626 - 25 - LC 60 0375S be used for benefits and services and shall not be used for per sonnel or administrative627 positions. The department and the Department of Community Public Health shall each628 prepare, by February 1 of each year, an accounting of the funds received and expended629 from the fund and a review and evaluation of all expended moneys of the fund. The reports630 shall be made available to the Governor, the Lieutenant Governo r, the Speaker of the631 House of Representatives, to the members of the Board of Human Services, and, upon632 request, to members of the public.633 (f)(1) Unless an earlier date is deemed feasible and establish ed by the Governor, each634 Georgia income tax return form for taxable years beginning on or after January 1, 1993,635 shall contain appropriate language, to be determined by the state revenue commissioner,636 offering the taxpayer the opportunity to contribute to the Home Delivered Meals,637 Transportation Services for the Elderly, and Preschool Children with Special Needs Fund638 established in subsection (c) of this Code section by either donating all or any part of any639 tax refund due, by authorizing a reduction in the refund check otherwise payable, or by640 contributing any amount over and above any amount of tax owed by adding that amount641 to the taxpayer's payment. The instructions accompanying the i ncome tax return form642 shall contain a description of the purposes for which this fund was established and the643 intended use of moneys received from the contributions. Each taxpayer required to file644 a state income tax return who desires to contribute to such fun d may designate such645 contribution as provided in this Code section on the appropriate income tax return form.646 (2) The Department of Revenue shall determine annually the total amount so contributed,647 shall withhold therefrom a reasonable amount for administering this voluntary648 contribution program, and shall transmit the balance to the department for deposit in the649 fund established in subsection (c) of this Code section; provid ed, however, that the650 amount retained for administrative costs, including implementat ion costs, shall not651 exceed $50,000.00 per year. If, in any tax year, the administr ative costs of the652 Department of Revenue for collecting contributions pursuant to this Code section exceed653 - 26 - LC 60 0375S the sum of such contributions, the administrative costs which the Department of Revenue654 is authorized to withhold from such contributions shall not exc e e d t h e s u m o f s u c h655 contributions."656 PART II657 SECTION 2-1.658 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in659 Article 1 of Chapter 24, relating to general provisions, by revising Code Section 33-24-37,660 which is reserved, as follows:661 "33-24-37.662 (a) As used in this Code section, the term:663 (1) 'Complete credentialing application' means the submission of a credentialing664 application and any supporting documents for a healthcare provider to a health insurer.665 (2) 'Credentialing' means to collect, verify, and assess wheth er a healthcare provider666 meets relevant licensing, education, and training requirements.667 (b) Every health insurer shall approve complete credentialing applications from healthcare668 providers within 45 days of receipt of any such application if submitted in accordance with669 the rules and regulations promulgated by the department.670 (c) The department and the Department of Community Health shal l coordinate with671 stakeholders to establish a standardized credentialing application for use in credentialing672 healthcare providers, which may be based on acceptance of data from or integration with673 the credentialing verification system used by the state Medicai d program to verify the674 qualifications, licenses, education, training, and professional history of healthcare675 providers.676 (d) No later than July 1, 2027, every health insurer shall uti lize the standardized677 credentialing application established pursuant to subsection (c) of this Code section.678 - 27 - LC 60 0375S (e) No later than January 1, 2027, the department shall promulgate rules and regulations679 to implement the provisions of this Code section. Reserved."680 PART III681 SECTION 3-1.682 Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in683 Article 1 of Chapter 2, relating to general provisions regarding the administration of mental684 health, developmental disabilities, addictive diseases, and oth er disability services, by685 revising Code Section 37-2-4, relating to the Behavioral Health Coordinating Council and686 its membership, meetings, and obligations, by revising subsecti ons (a) and (c.1) and by687 adding a new subsection to read as follows:688 "(a) There is created the Behavioral Health Coordinating Counci l. The council shall689 consist of the commissioner of behavioral health and developmen tal disabilities; the690 commissioner of early care and learning; the commissioner of co mmunity health; the691 commissioner of public health; the commissioner of human services; the commissioner of692 juvenile justice; the commissioner of corrections; the commissioner of veterans service; the693 commissioner of community supervision; the commissioner of comm unity affairs; the694 commissioner of the Technical College System of Georgia; the Commissioner of Labor;695 the State School Superintendent; the Commissioner of Insurance; the chairperson of the696 State Board of Pardons and Paroles; a behavioral health expert employed by the University697 System of Georgia, designated by the chancellor of the university system; two members,698 appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32;699 the Child Advocate for the Protection of Children; an expert on early childhood mental700 health, appointed by the Governor; an expert on child and adolescent health, appointed by701 the Governor; a pediatrician, appointed by the Governor; an adu lt consumer of public702 behavioral health services, appointed by the Governor; a family member of a consumer of703 - 28 - LC 60 0375S public behavioral health services, appointed by the Governor; a parent of a child receiving704 public behavioral health services, appointed by the Governor; a member of the House of705 Representatives, appointed by the Speaker of the House of Representatives; and a member706 of the Senate, appointed by the President of the Senate."707 "(c.1) The commissioner of behavioral health and developmental disabilities, the708 commissioner of early care and learning, the commissioner of co mmunity health, the709 commissioner of public health, the commissioner of human services, the commissioner of710 juvenile justice, the commissioner of corrections, the commissioner of veterans service, the711 commissioner of community supervision, the commissioner of comm unity affairs, the712 commissioner of the Technical College System of Georgia, the Commissioner of Labor,713 the State School Superintendent, the Commissioner of Insurance, and the chairperson of714 the State Board of Pardons and Paroles shall each be authorized to be represented by a715 delegate or agent at any meeting of the council or subcommittee meeting. Any such716 delegate or agent shall be counted toward a quorum, shall have all voting privileges as the717 member's delegate or agent, and shall not be considered an absence of the member."718 "(j) The council shall serve in an advisory role for the parity compliance review panel719 established pursuant to Code Section 37-2-12."720 SECTION 3-2.721 Said title is further amended in said article by adding a new Code section to read as follows:722 "37-2-12.723 (a) As used in this Code section, the term:724 (1) 'Health care provider' means any health care professional licensed under Title 43 or725 any hospital or other health care facility licensed or regulated under Chapter 7 of Title 31726 or under this title.727 (2) 'Panel' means the parity compliance review panel established pursuant to this Code728 section.729 - 29 - LC 60 0375S (b) There is established a parity compliance review panel with in the council to be730 composed of:731 (1) The following members of the council:732 (A) The commissioner of community health, or his or her designee;733 (B) The commissioner of behavioral health and developmental disabilities, or his or her734 designee;735 (C) The commissioner of human services, or his or her designee; and736 (D) The Commissioner of Insurance, or his or her designee; and737 (2) The following appointed members:738 (A) Two mental health clinicians, appointed by the Governor;739 (B) Two senior executives of facilities or systems providing m ental health care,740 appointed by the Governor;741 (C) One mental health advocate, appointed by the President of the Senate; and742 (D) One mental health advocate, appointed by the Speaker of th e House of743 Representatives.744 (c) Health care providers shall be required to report suspected violations by health insurers745 of the mental health parity requirements contained in Code Sect ions 33-1-27 and746 33-21A-13.747 (d) The panel shall establish a simple and intuitive process to receive complaints reported748 by health care providers pursuant to subsection (c) of this Code section. The panel shall749 evaluate submitted complaints to determine whether a health ins urer is in violation of750 mental health parity laws. Based on such evaluation, the panel shall make751 recommendations as to appropriate punitive actions, if any, tha t may be warranted for a752 health insurer to the Commissioner of Insurance for violations of Code Section 33-1-27 and753 to the commissioner of community health for violations of Code Section 33-21A-13.754 (e) The panel shall be authorized to:755 - 30 - LC 60 0375S (1) Receive and analyze required reports from insurance compan ies and health care756 providers;757 (2) Request additional information from health insurers regarding potential mental health758 parity violations, including determinations of medical necessity;759 (3) Create and review educational materials for consumers and health care providers760 relating to compliance with mental health parity laws. Such educational materials shall761 include information on the concept of mental health parity, ind ividuals' rights, and the762 complaint processes establishe d pursuant to subsection (e) of C ode Section 33-1-27,763 subsection (e) of Code Section 33-21A-13, and subsection (d) of this Code section. All764 such educational materials shall be culturally and linguistical ly sensitive, to the extent765 practicable; available in multiple languages; widely distribute d; and offered in various766 formats, such as on a public website, in a brochure, and in written documentation; and767 (4) Consult and coordinate with the Governor's office, the Dep artment of Community768 Health, and the office of the Commissioner of Insurance to esta blish criteria and769 procedures for the panel in formulating recommendations relating to punitive action for770 insurance companies that are not compliant with mental health parity laws.771 (f) Subject to available funds, the panel shall establish a team to support the work of the772 panel, including, but not limited to, research, report preparation, and creation of educational773 materials."774 PART IV775 SECTION 4-1.776 This Act shall become effective on July 1, 2026.777 SECTION 4-2.778 All laws and parts of laws in conflict with this Act are repealed.779 - 31 -