HB1294: HB1294 Education; grace period of up to 180 days for transfer students to be evaluated for and receive medical and education services based upon medical forms executed by out-of-state physicians; provide

26 LC 49 2449 House Bill 1294 By: Representatives Lupton of the 83 rd, Townsend of the 179 th, Lim of the 98 th, and Wilkerson of the 38th A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O fficial Code of Georgia1 Annotated, relating to student health in elementary and secondary education, so as to provide2 for a grace period of up to 180 days for transfer students to b e evaluated for and receive3 medical and education services based upon medical forms execute d by out-of-state4 physicians; to provide for exceptions; to require the State Boa rd of Education and the5 Department of Public Health to adopt rules, regulations, and pr ocedures; to provide for6 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 3 of Article 16 of Chapter 2 of Title 20 of the Official C ode of Georgia Annotated,10 relating to student health in elementary and secondary educatio n, is amended by adding a11 new Code section to read as follows:12 "20-2-779.5.13 (a) As used in this Code section, the term:14 (1) 'Athletic association' means any association of schools or any other similar15 organization which acts as an organizing, sanctioning, scheduling, or rule-making body16 H. B. 1294 - 1 - 26 LC 49 2449 for interscholastic athletic activities or similar events in wh ich public elementary or17 secondary schools in this state participate.18 (2) 'Out-of-state physician' means a physician who is not licensed in the State of Georgia,19 is a physician of record for a transferring student, and is lic ensed as a physician in the20 state in which such transferring student resided immediately pr ior to enrolling in a21 Georgia public elementary or secondary school.22 (3) 'Required medical form' means any form which is required by state law, State Board23 of Education rule, or Department of Public Health rule to be ex ecuted by a licensed24 physician and is to be used for determining a student's immunization history; evaluating25 a student for special education or related services or hospital homebound services;26 implementing a student's Individualized Education Program (IEP) , Section 504 plan,27 diabetes medical management plan, or seizure action plan; or administering medication28 or providing school nursing services. Such term shall mean and include any medical29 record executed by a transferring student's out-of-state physic ian which substantially30 satisfies the requirements of a required medical form.31 (4) 'Transferring student' means a student who resided in a st ate outside of Georgia32 immediately prior to enrolling in an elementary or secondary public school in this state.33 (b) For a period not to exceed 180 days following the date of the initial enrollment of a34 transfer student in a Georgia public elementary or secondary school, any required medical35 form duly executed by the transfer student's out-of-state physician shall be provisionally36 accepted by such public school and shall be deemed to temporarily satisfy the requirements37 for such required medical form; provided, however, that such required medical form was38 executed by the transferring student's out-of-state physician 180 or fewer days prior to such39 transfer student's initial enrollment in a Georgia public eleme ntary or secondary school;40 and, provided, further, that this subsection shall not apply to or be deemed to satisfy any41 state law, State Board of Education rule, Department of Public Health rule, or athletic42 H. B. 1294 - 2 - 26 LC 49 2449 association rule for purposes of determining a student's eligib ility to participate in43 interscholastic athletic activities or similar events.44 (c) The State Board of Education and the Department of Public Health shall establish45 rules, regulations, and procedures to implement this Code section."46 SECTION 2.47 All laws and parts of laws in conflict with this Act are repealed.48 H. B. 1294 - 3 -