The Senate had several bills on its agenda and worked swiftly in getting through each. A number of points of personal privilege were taken first prior to getting to work. Sen. Nadine Thomas took the Well concerning the Senate’s actions on HB 360, the Safe Place for Newborns Act of 2002 which was dropped to the bottom of the Calendar on March 7, 2002. Sen. Thomas urged the Senate to pass the bill without amendments so that babies could have a safe harbor – she cited a number of instances where babies had been found harmed or dead as a result of being left.

Sen. Susan Cable also made an impassioned speech concerning HB 360. She too explained that she wanted to see babies have a safe place but that she was Pro Life and that she believed that women needed to have informed consent prior to abortion procedures. Sen. Cable seemed most agitated about the Senate’s Judiciary Committee not conducting a hearing on SB 209, the "Informed Consent Medical Accountability Act," which had been apparently promised in the 2001 Session.

In a maneuver to have what would appear to be retribution against actions taken in a House Subcommittee on SB 378, Sen. Price attached his bill’s language on the Governor’s bill, SB 476. Language added by Sen. Price requires that health insurers obtain a written acknowledgement from enrollees that they have been informed of the numbers and mix of providers provided by their plan, financial arrangements existing, and limitations on choice of providers. SB 476 was presented to the Senate by Sen. Steve Thompson and provides for standards and procedures for verification of benefits and pre-certifications relating to managed care plans and also provides for notice requirements for cancellations, non-renewals, and terminations of coverage. SB 476 is being promoted by the State’s Consumer’s Insurance Advocate, Cathey Steinberg and has received input by a number of health insurance companies. Sen. Price’s amendment was adopted and the bill passed by Committee Substitute as amended on the Floor by a vote of 53 to 1.

The House side was busy with a full agenda. One of the biggest pieces of legislation passed was HB 1407, the Governor’s bill on "charitable choice." Such legislation has been considered to be tinkering with the separation of church and state. This would allow State government, while participating in federal programs, to administer such programs and provide those services by contracting with charitable, private and/or religious organizations. This bill is a compromise as there have been other charitable choice pieces of legislation posed including a Constitutional Amendment. Some limitations are proposed in the bill including that state and local government funds could be used only for administrative purposes. Also, if someone receiving services objects to the religious nature of the organization providing he or she with those services could raise that objection and could then be provided with an alternative provider. No provider, however, can refuse to provide services to a person on the basis of religion, religious beliefs, or the participation in or the refusal to participate in any religious practice or rite. There is also an accountability measure provided by requiring that an entity must be a 501(c)(3) entity as defined by the Internal Revenue Code and thus must follow any of its financial audits and practices. The bill passed by a vote of 152 to 4.

HB 1406 also cleared the House. HB 1406, written in the Health Code, deals with Georgia’s "Brownfield Program." It provides for loosening of the State’s requirements on cleanup requirements of land which has been contaminated by hazardous waste. The bill deals specifically with the groundwater cleanup requirements and removes such. An accompanying Resolution, HR 1111, also passed which allows local governments to offer incentives in the form of ad valorem tax exemptions for developers who purchase contaminated plots and to pay for such cleanup.

HB 1645 – Rep. Rice’s bill amending Code Section 30-1-6, relating to the assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons in order to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony, has now been assigned to the House Special Judiciary Committee.

HB 1656 – Rep. Holland’s bill amending Part 2 of Article 15 of Title 10, concerning consumer credit counseling agencies and the failure to disclose of information which shall then be considered as an unfair and deceptive trade practice, has now been referred to the House Special Judiciary Committee.

HB 1657 – Rep. Holland and Rep. Jenkins have introduced this amendment to Article 1 of Chapter 3 of Title 13 in an effort to provide provisions in a contract providing for binding arbitration or consenting to a legal jurisdiction outside of Georgia which shall be void and against the public policy of the State. The legislation has now been sent to the House Special Judiciary Committee.

HB 1674 – Reps. Mills and others authored this bill amending Code Section 16-12-141.1 concerning the unlawful disposal of aborted fetuses. This amended provision also include that any person violating the provisions of this Code Section shall be guilty of a felony and upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not less than one nor more than three years or both. Currently, the law only addresses a hospital, clinic or laboratory which is found guilty of this and the current penalty does not include prison time.

HB 1677 – Reps. Gardner, Henson, Watson, Hugley, and Harbin have offered this bill amending Chapter 21 of Title 33 in order to include behavioral health services in point-of-service options in health benefit plan coverage through a health maintenance organization. The bill states that if the only type of insurance than an employer offers to eligible employees or individuals is coverage through an HMO, then the HMO with which such employer contracts to provide such coverage shall offer or make arrangements for the offering of a point-of-service option which shall include behavioral health services to such employer for the employer’s eligible employees or individuals, and each such eligible employee or individual shall have the right of acceptance or rejection of such.

HB 1678 – Reps. Jamieson and Parrish have authored this proposal amending Part 6 of Article 2 of Chapter 1 of Title 7 in order to provide for procedures, conditions, and limitations with respect to disclosure of records of accounts or other customer accounts through a search warrant. Among the bill’s provisions include that the search warrant would have to be disclosed to the person whose records are being sought with such disclosure to occur before or at the time of execution of the search warrant unless the Court finds credible evidence that probable cause exists that such disclosure will result in one of the following: 1) endangering the life or physical safety of any person; 2) flight from prosecution; 3) destruction or tampering with evidence; 4) intimidation of potential witnesses; or 5) otherwise seriously jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding.

HB 1693 – Reps. Shaw and Dodson have proposed this amendment to O.C.G.A. § 33-7-11.1 concerning commencement of liability of insurer to pay benefits to a third-party on behalf of the insured including towing and storage costs in the losses for which an insurer must pay (under a motor vehicle or automobile liability insurance policy).

HB 1695 – Rep. Bannister has authored this bill amending the Insurance Code in order to redefine "motor vehicle" to also include off-road vehicles used on highways to any extent permitted by Chapter 7 of Title 40.

HB 1702 – This bill perhaps will help those who have a little too much to drink. Rep. Teper, along with others, introduced this bill amending Article 2 of Chapter 3 of Title 3 of the Code so as to make it unlawful for the owner or operator of a parking lot or facility located within 500 feet of an establishment which serves alcoholic beverages for consumption on the premises to remove, tow, or immobilize or cause to be removed, towed, or immobilized a motor vehicle left in such lot between midnight and noon of the following day. Such parking lot however may charge no more than $25.00 in excess of normal parking fees for such vehicles.

SB 532 – Sens. Jackson and others’ bill concerning the amendment to Article 2 of Chapter 1 of Title 7 regarding the change from five years to three years for acquisition of a bank has now been referred to the Senate Banking and Financial Institutions Committee.

SB 535 – Another bill dealing with notaries public as found in Article 1 of Chapter 17 of Title 45 has been proposed by Sen. Burton which changes the requirements concerning the identification requirements (such as the requirement to have at least one document issued by a federal or state government agency bearing the photographic image of the person as well as his or her signature) of the individual for whom the notary is notarizing information. This bill has been referred to the Senate Judiciary Committee.

SB 536 – Sen. Butler has proposed this amendment to Chapter 26 of Title 43, the "Health Access Improvement Act," in order to enact a new article providing for additional authority to advanced practice registered nurses in order that they may carry out prescriptive orders. These nurses would be overseen by the Composite State Board of Medical Examiners and the Georgia Board of Nursing. These nurses would have supervising physicians and work under a collaborative practice agreement. Some specifics of this bill:

"Collaborative practice agreement" means a written agreement by and between an advanced practice registered nurse and a collaborating physician wherein the collaborating physician authorizes the advanced practice registered nurse to administer, dispense, and order drugs, devices, medical treatments, and diagnostic tests, and execute verbal and written prescription drug or device orders therefor, and which provides for the terms and conditions for the execution of a prescription drug or device order. Dispensing shall be limited to dispensing pharmaceutical samples at no charge, except in those settings and circumstances defined in subparagraph (b)(2)(A) and paragraph (3) of subsection (b) of O.C.G.A. 43-34-26.1." Such agreement has to be in writing and signed by the physician and the nurse an can be in effect for no more than one year. The nurse could not write more than a thirty day supply of a drug, except in cases of chronic illness, in which a ninety day supply could be authorized. The nurse would have to have pharmacology training and education.