February 2, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          The Capitol was abuzz with pre-weekend activity.  The Senate had an extremely short day while the House lingered awhile longer through its calendar. 

Some of the day's events included: 

Floor Activity 

          The Senate had on its agenda today SB 14, which would amend the current law on minimum wage.  It brings the state minimum wage to $5.15 per hour.  Further, the bill requires that the minimum wage follow the federal requirements.  There are certain exceptions: farm owners, sharecroppers, or land renters or persons whose compensation consists wholly or partially of gratuities.  The Senate reconsidered this bill and placed it back on its calendar for Monday. 

          The House had several pieces of legislation up for discussion.  These included the following: 

HB 263 – Authored by Rep. Randall and others, amending Article 14 of Chapter 7 of Title 31 concerning nursing home employees' records checks, passed with a vote of 153 yeas to 0 nays.  The bill would require a criminal record check on an applicant prior to being employed by a nursing home.  The nursing home would have to obtain a written report and would not be allowed to employ someone with an 'unsatisfactory' determination.  Further, if the nursing home did hire anyone person with an unsatisfactory determination, then it would be subject to a civil monetary penalty not to exceed $500.00 per day for that violation.  The penalty would be imposed only from the time the "nursing home administrator is informed by the department or other state representative by certified mail or statutory overnight delivery that the nursing home has in its employ an individual with a criminal record and until the date such individual is terminated." 

HB 84 – Authored by Chairman Jim Martin, this bill amends Article 2 of Chapter 3 of Title 9 as it relates to specific periods of limitation, and Chapter 2 of Title 18 as it relates to debtor and creditor relations, so as to enact the "Uniform Fraudulent Transfers Act".  There are numerous other states that have passed similar pieces of legislation.  Chairman Martin also reminded everyone that this legislation had previously passed easily out of the House twice only to get caught in the end-of-session tie up.  The bill adopted a friendly amendment from Rep. Allen of the 17^th District.  The amendment amends HB 84 by striking lines 24 through 27 on page 9 and inserting in lieu thereof: 

"(a) Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

(b) The provisions of this article do not create a cause of action for a governmental activity or its agent or assignee with respect to a transaction which may otherwise constitute a fraudulent transfer or obligation under this article if the transaction complies with the applicable stated and federal laws concerning transfers of property in the determination of eligibility for public benefits." 

The bill passed 157 to 0. 

HB 223 – Authored by Representative Childers and others, this bill amends O.C.G.A. § 43-11-74 as it relates to the direct supervision of dental hygienists.  The bill authorizes dental hygienists to perform dental screenings without direct supervision, under certain conditions.  One provision of the bill reads: 

Code Section 43–11-74 (e)(2) The requirement of direct supervision shall not apply to the performance of dental hygienists providing dental screenings in settings which include schools, hospitals, clinics, state, county, local and federal public health programs and other health fair settings as may be approved by the board. 

The bill passed by a 159 to 0 margin. 

HB 166 – Authored by representative Bannister and others, this bill amends Chapter 1 of Title 33 relating to general provisions regarding insurance.  The bill requires certain insurers to provide a loss history to an insured under certain circumstances.  The provision reads as follows: 

"33-1-18 In the event of cancellation, nonrenewal, or renewal of any commercial insurance policy, the insurer, upon written request of the insured or the insured's current agent of record, shall be required to provide to the insured or the insured's current agent of record a written loss history within 30 days of the date of such written request." 

The bill passed by Committee Substitute by a vote of 161 to 1. 

HB 184 – Authored by Representative Powell and others, this bill amends O.C.G.A. § 40-6-315 as it relates to headgear and eye-protective devices for motorcycle riders. The bill states that a violation of said Code section shall not be a moving traffic violation. The bill passed by a vote of 155 to 7. 

Newly Introduced Legislation 

HB 339 – Rep. Richardson authored this bill concerning obtaining health records.  It will amend current law at O.C.G.A. § 31-33-2 by extending who can obtain such records.  The proposal would allow the "patient's authorized agent" to obtain control of the patient's records.  Further, such records would have to be produced by the provider "within a reasonable period of time not to exceed 30 days from the receipt of the request or, if the provider requires payment before furnishing the records, 30 days from the receipt of the payment, whichever is later."  This is very similar to the Senate version of this medical records amendment.  The only differences are that in this version the provider would not be able to charge more than $.50 per page for copying the records and in SB  30, "the maximum fee for copying costs for each request shall be 25¢ per page, provided that the provider may impose a minimum fee of up to $20.00, inclusive of copying costs."  Further, in HB 339, the "patient's authorized agent" may obtain records and in SB 30, the records could be obtained by "the survivor of the patient, or personal representative of the patient." 

HB 360 – This bill has been authored by Rep. Judy Manning and others and proposes to create  "A Safe Place for Newborns Act of 2001" in Title 19.  This would allow a parent of a newborn child to leave his or her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility (general or specialized hospital, institutional infirmary, health center operated by a county board of health, or any building or facility where human births occur on a regular basis (a DHR classified birthing center – it would not allow babies to be left at a physician's or dentist's private office)) who is on duty (either on a paid or volunteer position) provided that the child is less than one week old and has not been physically abused by that parent.  The bill also proposes that a "dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated" in O.C.G.A. § 19-10A-4.  Further, the bill proposes that once a facility receives the infant, it must notify the Department of Human Resources at such time as the child is "medically ready for discharge."  Then the Department would have to take physical custody of the infant within six hours.  There is an exemption from liability provided: medical facilities and their employees, agents, and staff members would not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided. 

HB 369 – Rep. Watson and others have authored this proposal amending the Code by adding O.C.G.A. § 5-5-41.1 regarding procedures for new trials.  It would provide for extraordinary motions for new trials based on newly discovered evidence regarding the paternity of a child and establishes the procedures for filing such motion.  

HB 381 – Rep. Sims and others have introduced this bill to amend Chapter 3 of Title 37 concerning the examination, treatment and care for mental illness.  It changes the emergency admissions based on a physician's certification or court order.  The bill allows any peace officer, upon reasonable cause based upon his or her observations, to bring a person whom he or she believes to be a mentally ill person requiring treatment before any physician within the officer's jurisdiction, who has been designated for such examination purposes, for an examination and the execution of a certificate which is also set forth in this code section.  The certificate has be delivered to the sheriff and then within 72 hours of receiving the certificate, diligent efforts must be made to take the person, named in the certificate, into custody and bring the person to the nearest available state-designated receiving facility. 

HB 382 – Rep. Williams and others have offered this proposal to amend Chapter 11 of Title 15.  This relates to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles.  This would change the jurisdiction of the juvenile court to include certain children under 18 years of age.  It would move the age from 17 years to 18 years. 

HB 383 – Rep. Hudson has introduced this amendment to O.C.G.A. § 43-34-103 (b)(1) pertaining to the application and number of physician's assistants in order to change the number of physician's assistants who may be licensed to a physician.  This brings the number from two to four, provided that no physician may supervise more than two physician's assistants at any one time, except as provided.  The physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting, including, but not limited to, clinics, hospitals, and other institutions.  The "physician taking the call must be approved to supervise the physician's assistant of the physician for whom he or she is taking the call." 

HB 384 – Rep. Hudson also introduced this concerning the approval of physician's assistants.  This would provide for actions of such assistants with regard to professional samples (as defined: "complimentary doses of a drug or medical devices provided by the manufacturer for use in patient care").  This amendment would be at O.C.G.A. § 43-34-103(e.2):  "A physician's assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's assistant."  Delegation would be contained in the job description required by law as long as the office or facility at which the physician's assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's assistant. 

SB 98 – Sen. Steve Thompson has authored this bill amending Article 1 of Chapter 24 of Title 33 of the Code.  This would require a health benefit policy to cover "surveillance tests" for women at risk for ovarian cancer. 

SB 102 – Sen. Fort has introduced this proposal amending Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists.  Specifically, the bill would authorize certain psychologists to prescribe drugs in certain circumstances and provide that psychologists, certified to prescribe drugs, are exempt from criminal law as are other medical professionals licensed to prescribe.  This is similar to HB 329. 

Committee Activity 

The House Rules Committee met this morning and selected seven bills to appear on Monday's House General Calendar.  Among those bills is HB 158 which will amend Article 4 of Chapter 7 of Title 31, otherwise known as the "Hospital Authorities Law".  The bill will extend an exemption from open records and open meeting requirements to certain nonprofit corporations operating certain medical facilities.  The provision reads: 

"Notwithstanding any other provision of law to the contrary, no Georgia nonprofit corporation in its operation of a hospital or other medical facility for the benefit of a governmental entity in this state and no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the corporation or authority or its medical facilities and which has not been made public." 

There is a termination for this exemption: it shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the governing board of such corporation or hospital authority. 

Also appearing on Monday's General Calendar will be the House Committee on State Planning and Community Affairs Substitute to HB 87 which amends Chapter 60 of Title 36 as it relates to general provisions regarding local government. The bill provides local government with additional authority in respect to certain contracts of one year or less. The provision of the bill reads as follows: 

"The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501 (c)(3) or 501(c)(6) of the Internal Revenue Code…." 

HB 120, as substituted by the House Committee on Children and Youth, will also appear on Monday's General Calendar.  The bill amends O.C.G.A. § 49-5-12 as it relates to licensing and inspection of child welfare agencies and child care facilities.  The bill would require child welfare agencies and child care facilities to display certain inspection results.  The provision reads: "In addition, all child care institutions, family day-care homes, group day-care homes, or day care-centers shall post at that same location the results of any inspection of such institution, home, or center which has been conducted by the Department of Human Resources or the Office of School Readiness."

Other News 

          The House Health and Ecology Committee's Subcommittee on Health Professions will hold hearings on additional 'scope of practice' issues on Monday.  HB 329, the psychologists' right to prescribe, as authored by Rep. Jim Martin, is on the agenda for the meeting.  Also, Rep. Nan Orrock's bill, HB 356, concerning centralized provider credentialing is also on the Subcommittee's agenda.