February 5, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Greetings from under the Gold Dome.  Our sympathy is extended to the family, friends and colleagues of the Honorable Harold Mann of Dalton, GA.  Rep. Mann died over the weekend and funeral services will be held on Tuesday, February 6, 2001.  Both the House and Senate will stand in recess on Tuesday and will reconvene on Wednesday. 

          There are several pieces of news to report from the day's events: 

Floor Activity 

The Senate passed SB 51, authored by Sen. Nadine Thomas.  The bill amends Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, and adds provisions regulating the use of automated external defibrillators by lay rescuers.  The bill further amends Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, in order to provide for immunity from liability for persons engaged in activities relating to the use of automated external defibrillators.  The bill also defines the term 'lay rescuer' to mean a person trained to provide cardiopulmonary resuscitation and to use an automatic external defibrillator, as defined in O.C.G.A. § 31-11-53.1.  There are guidelines for the use of the defibrillators: 

"(1) Any person or entity who acquires an automated external defibrillator shall ensure that:

(A)   Expected users of the automated external defibrillator receive American Heart Association training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course;

(B)    The defibrillator is maintained and tested according to the manufacturer's operational guidelines;

(C)   There is involvement of a licensed physician or medical authority in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance;

(D)   Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and reports any clinical use of the automated external defibrillator to the licensed physician or medical authority supervising the program; and

(2) Any person or entity who acquires an automated external defibrillator shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of automated external defibrillator." 

Newly Introduced Legislation 

SB 116 – Sen. Nadine Thomas has introduced this bill amending O.C.G.A. § 43-10-9 concerning applications for certificates of registration for cosmetologists.  It exempts from the education requirements "any person who was enrolled in a school of cosmetology, school of esthetics, or any program under the jurisdiction of the Department of Technical and Adult Education or the State Board of Education on or before July 1, 2000." 

SB 119 – Sen. Walker and Sen. Hill have offered this bill to amend Chapter 10A of Title 43 concerning the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law.  It would add "mental health therapists" to this group of professionals.  This group would be licensed by the Georgia Composite Board of Professional Counselors, Social Workers, Mental Health Therapists, and Marriage and Family Therapists.  In the bill, the terms "mental health therapist" (a person licensed to practice mental health therapy) and "mental health therapy" are defined.   Mental health therapy is the "performance of that specialty which evaluates and treats persons with behavioral, affective, cognitive, and interpersonal problems or conditions, or seeks to prevent such problems or conditions, or seeks to enhance behavior and mental health.  The means by which these are accomplished include, but are not limited to, applying empirically derived and validated psychological principles and procedures, using assessment instruments which the mental health therapist is qualified to employ by virtue of education and training, conducting interviews, utilizing individual or group techniques while engaging in psychotherapy, and utilization and interpretation of psychological research." 

SB 124  - Sen. Harp has authored this proposal to amend Chapter 9 of Title 24 concerning witnesses and the provisions relating to confidentiality and release of medical information.  This strikes in its entirety O.C.G.A. § 24-9-21 and replaces it with a newly constructed Section.  It adds as an admission and communication which shall be excluded on grounds of public policy the communication between a physician and a patient.  In addition, the Chapter is amended by adding a new subsection at (a) to O.C.G.A. § 24-9-40 which states: 

"No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any civil or criminal proceeding.  This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness." 

HB 434 – This is the House version of an already introduced Senate bill authored by Sen. Golden.  HB 434 has been introduced by Rep. Harbin and others and proposes to enact the "Georgia Consumer Choice Negotiated Health Insurance Plan Act."  It would allow for contracts to contain such benefits, coverages, and reimbursements as may be agreed upon between the group or individual policyholder and an insurer. 

Committee Activity 

          The Appropriations Committee held a meeting today on its FY 2001 recommendations.  Tomorrow, Committee meetings will reconvene on the FY 2002 budget proposals.  The Subcommittee of the House Appropriations Committee focusing on the Department of Community Health issues will host a meeting on Wednesday.  Commissioner Russ Toal will make a presentation. 

          In a meeting which lasted more than two hours, the Health and Ecology Committee's Subcommittee on Health Professions took action on several bills: 

          HB 285, HB 241, and HB 355 all passed out of the Subcommittee back to the full Committee with due pass recommendations.  A hearing was held on HB 356. 

          HB 285, Rep. Childers' proposal amending Chapter 23 of Title 31 concerning the operation of eye banks would only allow facilities such as a hospital, or a medical school which is a nonprofit organization and is not a subsidiary of a for-profit corporation or business entity, to operate such an eye bank. 

Rep. Lester Jackson's bill, HB 241, which creates the Georgia Volunteers in Dentistry Act, also passed out of the Subcommittee with amendments.  The Subcommittee took out the reference in the bill to the liability of the employer of the dentist.  There was a great deal of discussion concerning who would be responsible for a 'good Samaritan' dentist who performed some procedure in which there was a negative outcome.  

Rep. Nan Orrock presented her bill, HB 355, concerning the registered nurse first assistants request to get direct reimbursement from health plans for their services rendered in an operating room setting.  The Medical Association of Georgia rose in support of this bill.  This bill had some minor amendments such as adding the word 'registered' to professional nurse.  

          The greatest interest in this Subcommittee dealt with HB 356, the centralized credentialing bill.  Rep. Nan Orrock also introduced this bill – it had previously been introduced in last year's Session and after passing the House, the bill stalled in the Senate.  Rep. Orrock explained that this bill was 'backed' by all healthcare professions as all must be credentialed.  Thus, this bill now brings into play the credentialing of nurses as well as respiratory therapists.  The credentialing entity in this instance would more than likely be MAG Mutual, the entity which has been pushing for this legislation.  Rep. Orrock explained that while MAG Mutual was behind her introduction of this legislation, there were ten credentialing verification organizations in Georgia that were licensed and ready to do business.  It was pointed out that pharmacists would not be covered by this process as they were covered by the Board of Pharmacy – but that soon may be done by pharmacy benefit managers. 

          There were a number of witnesses opposing the bill.  The Georgia Hospital Association was one.  The Georgia Healthcare Leadership Council opposed the bill as well as the Georgia Association of Health Plans.  Likewise, there were a number of hospitals who rose in opposition to the bill.  The Georgia Association of Medical Staff Services was opposed to the bill.  Many cited the costs associated with such credentialing.  Most of these costs would be borne by the hospitals – in each instance, the hospital would still have to verify the data collected in the central repository and could have limited ability to ask questions about the core data.  Some argued that the data being collected was not actually core data.  Some legislators asked why physicians, hospitals, and health plans would want to rely on a third party to gather the data.  Others questioned the use of a 'uniform' form and whether that would solve the physicians' problems of completing so many forms for all the managed care contracts.  There was testimony that some physicians hired a person just to keep up with their credentialing issues in their offices – there would be at least one employee for 20 physicians to manage the completion of the forms.  There were questions and concerns relating to patient safety, quality and peer review.  Passing along costs to the hospitals was not an answer – one person testified that such costs should definitely not be passed along to the already suffering rural hospitals. 

          The Subcommittee will meet again on Thursday to address this bill.