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Another day of the 2001 Session is behind us.
Today, was the eighteenth day of the Session thus, we are almost
halfway through for the year.
Floor Activity
In the House, the bill authored by Rep. Stephanie Stuckey of Decatur, HB
224, failed to make it out of the House. Last
year a similar bill passed but did not make it through the Senate.
HB 224 amends Title 3 of the Code pertaining to alcoholic beverages.
It proposed to add an additional definition for "strong malt
beverage." Rep. Stuckey had a
constituent who wished to sell these 'stronger' beverages but current law
prohibits the sales of such. Specifically,
new definitions would be added at O.C.G.A. § 3-1-2 (13):
"(13) 'Malt beverage' means a
standard malt beverage or a strong malt beverage defined as follows:
(A) 'Standard malt beverage' means any malt beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or any other
similar product, or any combination of such products in water, containing not
more than 6 percent alcohol by volume. The
term does not include sake, known as Japanese rice wine.
(B) 'Strong malt beverage' means any malt beverage containing not more
than 14 percent alcohol by volume for Belgian strong ale, French strong ale,
English strong ale, Scottish strong ale, imperial stout, bock, and barley wine
beer. The term does not include
sake, known as Japanese rice wine."
In arguing for the bill, Rep.
Stuckey pointed out that 38 states currently have legislation allowing the sale
of these beverages. This includes
the neighboring states of Tennessee and Florida.
Thus, Georgians who desire these beverages are buying them in neighboring
states and Georgia is losing those tax dollars.
The bail derailed by the overriding sentiment that
alcohol-related fatalities (especially those incidents involving teens) are too
high in Georgia. As the
State is trying to address teen driving issues, the passage of this legislation
enabling consumers to purchase more potent malt beverages would send the wrong
message. It was noted by one House
member that this bill would enhance the problem of alcoholism.
In a final vote, the bill failed by 60 yeas to 108 nays.
A notice to reconsider the bill was made.
The House also took up HB 138 and
passed it by a vote of 162 to 1. Rep.
Franklin was the sole dissenter. Rep.
Birdsong introduced HB 138 amending Article 1 of Chapter 5 of Title 40 of the
Code relating to general provisions relative to motor vehicle driver's licenses.
It proposes to amend O.C.G.A. § 40-5-2 relating to record-keeping of
applications for licenses and information on licensees and furnishing of
information. New language is
inserted at subparagraph (f) pertaining to the United States Selective Service
System:
"The department is specifically authorized to
disseminate the following records and information:
(1) To the United States Selective Service System and the Georgia Crime
Information Center, compilations of the names, most current addresses, license
or identification card numbers, and dates of birth of licensees or applicants
for licenses or applicants for or holders of identification cards issued under
this chapter, or, in the case of the United States Selective Service System, any
other information from the license or identification card application as
necessary for purposes of registration of persons therewith.
Such information shall only be used in the fulfillment of the legitimate
governmental duties of the United States Selective Service System and the
Georgia Crime Information Center and shall not be further disseminated to any
person. Information transmitted to
the United States Selective Service System pursuant to this paragraph shall be
provided in an electronic format."
Newly Introduced Legislation
SB 130 Sens. Thompson, Tanksley, Stokes, Walker, and
Johnson have introduced this to amend Chapter 5 of Title 12 in order to create
the "Metropolitan North Georgia Water Planning District."
This bill is among the Governor's priorities and is an effort to help
Georgia have clean, safe, and a plentiful supply of water.
Among the bill's provisions, the District would promote regional
coordination and cooperation through the exercise of various powers (development
of regional and watershed-specific laws for storm-water management, waste-water
management, water supply and water conservation, etc.).
If a county has a population of more than 15,000 per the United States
decennial census of 2000 or any future census, then it shall be a member of the
District. There would be a Board
established known as the "Metropolitan North Georgia Water Planning
District Governing Board" with membership specified in the bill
including ten county commission
chairpersons or chief executive officers of county members of the district and
five mayors of municipalities within the District.
The Board would create separate advisory councils, comprised of 20
members, for the Chattahoochee, Etowah, Flint, Oconee, and Ocmulgee river
basins.
SB 145 Sen. Stokes introduced this bill to prohibit
"health services purveyors" from engaging in certain activities with
respect to the referral of patients to other health services purveyors for
clinical laboratory services and with respect to services provided by clinical
laboratories. (A "health
services purveyor" is defined as "a person, firm, partnership, group,
association, corporation, professional corporation, or professional association,
or any agent, employee, fiduciary, or representative thereof, including but not
limited to a physician, dentist, podiatrist, or chiropractor, either in
individual practice, group practice, or employed in a facility owned by any
person, group, association, corporation, professional corporation, or
professional association hiring any of the aforementioned practitioners, who
provides health or health related services") The bill further proposes to prohibit health services
purveyors from receiving or accepting certain services from clinical
laboratories and to prohibit clinical laboratories from engaging in certain
activities that might reasonably be expected to influence any person's
independent judgment concerning the referral by such person of a specimen or
sample derived from a human body to a clinical laboratory for examination by the
laboratory. Specifically, it adds
that no health services purveyors "shall offer, solicit, receive, or
accept, directly or indirectly, any payment or other consideration in any form
to the extent such payment or other consideration might reasonably be expected:
(1) To influence the independent professional judgment of such health services
purveyor concerning the referral of patients to other health services purveyors
for clinical laboratory services; or (2) To participate in the division,
transference, assignment, rebate, or splitting of fees with any clinical
laboratory, or its agent, employee, or fiduciary, or with another health
services purveyor in relation to clinical laboratory services; provided,
however, that this paragraph shall not apply to arms‑length, bona fide
business arrangements between or among health services purveyors and clinical
laboratories that otherwise apportion fees and expenses lawfully and consistent
with fair market value. The bill
also adds that "no health
services purveyor shall receive or accept any phlebotomist, laboratory
technician, laboratory technologist, employee, agent, or other fiduciary of any
clinical laboratory to perform any duties in the facility of any health services
purveyor; provided, however, that nothing in this subsection shall prohibit an
institution as defined in O.C.G.A. § 31-7-1(1) or a hospital as defined in
O.C.G.A. § 31-7-1(2), or a health maintenance organization operating in
accordance with Chapter 21 of Title 33 and a clinical laboratory from
contracting for laboratory management services including the provision of
technical services and employees for the performance of functions directly
related to clinical laboratory operations; provided, further, that such
contracting is carried out at arms-length and such services are provided in
exchange for payments that are consistent with the fair market value
thereof." Among other
provisions, the bill proposes to provide additional grounds for the suspension,
revocation, cancellation, or refusal to renew a license of a dentist, physician,
and podiatrist.
SB 148 Sens. Tom Price, Nadine Thomas and David Scott
have offered this bill to declare "contrary to public policy certain
contracts between a hospital which is a provider of obstetric services and
certain insurers." It would
specifically amend O.C.G.A. § 13-8-2, relating to contracts contravening public
policy generally, by adding a new subsection (c) to read as follows:
"(c)(1) As used in the subsection, the term 'insurer' means an insurer as
defined in Code Section 33-24-57.1 or a managed care entity as defined in Code
Section 33-20A-3. (2) Any contract for health care services executed on or after
July 1, 2001, including any contract for health care services renewed or amended
on or after that date, entered into between an insurer and any hospital which is
a provider of obstetric services located in a county in which more than five
acute care hospitals are located and with the distance between the contracting
hospital and any other hospital in the county being more than: (A) Ten miles;
and (B) Thirty minutes driving time at any time of the day is against public
policy and is void and unenforceable when said contract, renewal, or amendment
has the effect of interfering with a patient's ability to receive or obtain
health care services from another hospital also located within said county that
is agreeable to accept such patient under the same terms and conditions as the
contracting hospital agreed with the insurer to provide such services."
This is a similar concept to HB 102, which has been introduced Reps.
Squires and Unterman, and relates to the ongoing battle between Atlanta
facilities St. Joseph's Hospital and Northside Hospital.
SB 156 Sens. James and Ragan have authored this measure
proposing to allow chiropractors who have education and training as
acupuncturists to practice same. It
would amend O.C.G.A. § 43-34-71 concerning the practice of acupuncture by
stating that no person shall: (1) Practice acupuncture or auricular (ear)
detoxification therapy; or (2) Represent himself or herself to be an
acupuncturist or auricular (ear) detoxification specialist who is licensed under
this article. Further, this
prohibition would not apply to:(1) Any person licensed to practice medicine
under Article 2 of this chapter; (2) The practice of acupuncture which is an
integral part of the program of study by students enrolled in an acupuncture
education program under the direct clinical supervision of a licensed
acupuncturist with at least five years of clinical experience; or (3) The
practice of acupuncture by any person licensed or certified to perform
acupuncture in any other jurisdiction where such person is doing so in the
course of regular instruction in an approved educational program of acupuncture
or in an educational seminar of an approved professional organization of
acupuncture, provided that in the latter case the practice is supervised
directly by a person licensed to practice acupuncture pursuant to this article
or an acupuncturist who is licensed to practice medicine under Article 2 of this
chapter.; or(4) Any chiropractor who meets the requirements of Code
Section 43-34-73, relating to the practice of acupuncture.
If a person violates O.C.G.A. § 43-34-72, he shall, upon conviction
thereof, be guilty of a misdemeanor.
A new Code Section is added at O.C.G.A. § 43-34-73 which
states that "any chiropractor who has successfully completed a course of
study consisting of not less than 300 hours of study and approved by the board
and who has been certified to use acupuncture by the board may use acupuncture
in the treatment of patients. The
use of acupuncture by any other chiropractor shall be unlawful.
The use of acupuncture by a chiropractor certified by the board to use
acupuncture shall be lawful, shall be within the scope of practice of such
chiropractor, and shall not constitute the practice of medicine."
HB 446 Reps. Golick, Lord, Harbin, Shaw, and Watson
have introduced this bill in order to comply with federal law and remove any
provisions of conflict with Title V of the Gramm-Leach-Bliley Act at 15 U.S.C.
6801, et. seq. This bill amends
specifically Chapter 39 of Title 33 of the Code relating to insurance and deals
with privacy issues by providing standards for the collection, use, and
disclosure of information gathered by insurance institutions. The bill now has been referred to the House Insurance
Committee.
HB 462 Rep. Hembree's version of the Woman's Right to
Know Act to be created at Chapter 12 of Title 16 has now been assigned to the
House Judiciary Committee. This
would require that a female give her 'informed' consent prior to an abortion and
would require that certain pieces of information be provided to her prior such
procedure.
HB 478 Speaker Murphy and others have dropped this
bill. It proposes to amend the
Insurance Code at Title 33 so as to change a provision relating to an insurer's
liability for a bad faith refusal to pay for a loss covered by insurance and to
provide for a private cause of action. It
rewrites O.C.G.A. § 33-4-6 relating to an insurer's liability and
responsibility for attorney's fees and rewrites O.C.G.A. § 33-6-37 pertaining
to a private cause of action. This
has been referred to Chairman Jim Martin's Judiciary Committee.
HB 481 This has been introduced by Rep. Parham and
others pertaining to pharmacists and pharmacies and proposes to change the
provisions relating to definitions and provides for an exemption for the Georgia
Emergency Management Agency. The
definition of a "person" is expanded in O.C.G.A. § 26-4-5 to mean
"an individual, corporation, government, or governmental subdivision or
agency, business trust estate, trust, partnership, or association, or any other
legal entity." In times of an
emergency, the Georgia Emergency Management Agency would not be subject to the
Board of Pharmacy requirements to "register or obtain a permit to receive,
possess, and distribute controlled substances and dangerous drugs as required
under Code Sections 16-13-35, 26-4-113, and 26-4-115." The Health and Ecology Committee has been assigned to review
this legislation.
HB 519 - Rep. Teague has authored this bill amending the
Chapter 6A of Title 34 of the Official Code of Georgia Annotated, the
"Georgia Equal Employment for Persons With Disabilities Code."
It broadens the definition of a person who has a disability by adding
additional disabilities. Thus the definition would include any person who (i)
has a physical or mental impairment which substantially limits one or more of
such person's major life activities; or (ii) has any of the following blood
disorders, whether or not such disorder limits one or more of such person's
major life activities:(I) Sickle cell anemia; (II) Beta thalasemia or Cooley΄s
anemia; or (III) Tay-Sachs disease; and has a record of such impairment or
disorder." The definition
would not include any person who is addicted to the use of any drug or illegal
or federally controlled substance nor addiction to the use of alcohol.
HB 525 Rep. Sally Harrell and others have authored this
bill which has not been formally read. It
proposes to amend O.C.G.A. § 33-24-58.2 relating to health benefit policy
coverage for certain maternity benefits. It
strikes the current subparagraph (f) and inserts a new (f) which would provide
that every insurer shall provide notice to policyholders regarding the coverage
required by this Code section and that a notice be sent to the policyholder
within 30 days following the time the insurer first learns that the policyholder
or person covered by the health benefit policy is pregnant.
There are also specified inclusions for the notice:
"The Newborn Baby and Mother Protection Act (Code Section 33-24-58.2
of the O.C.G.A.) requires that health benefit policies which provide maternity
benefits must provide coverage for a minimum of 48 hours of inpatient care
following a normal vaginal delivery and a minimum of 96 hours of inpatient care
following a cesarean section for a mother and her newborn child. The care must
be provided in a licensed health care facility. A decision to shorten the length
of stay may be made only by the attending health care provider after conferring
with the mother. If the stay is shortened, coverage must be provided for up to
two follow-up visits with specified health care providers with the first visit
being within 48 hours after discharge. After conferring with the mother, the health care provider
must determine whether the initial visit will be conducted at home or at the
office and whether a second visit is appropriate.
Specified services are required to be provided at such visits"
HB 538 Rep. Powell and others have placed another
ticket-scalping bill in the hopper. This
bill, or some similar version, has been introduced and passed by the House on
numerous occasions. Last year, the
bill was passed in both the House and Senate but was vetoed by Governor Barnes.
It would create a new Chapter beginning in the Code at O.C.G.A. 43-4B-1. Some of the bill's provisions include that it shall "be
unlawful for any person other than a ticket broker to resell or offer for resale
any ticket of admission or other evidence of the right of entry to any athletic
contest, concert, theater performance, amusement, exhibition, or other
entertainment event to which the general public is admitted for a price in
excess of the face value of the ticket. Notwithstanding
any other provision of this article to the contrary, a service charge not to
exceed $3.00 may be charged when tickets or other evidences of the right of
entry are sold by an authorized ticket agent through places of established
business licensed to do business by the municipality or county, where
applicable, in which such places of business are located."
In order to engage in the practice
or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a
post office box, for the purpose of engaging in the business of a ticket broker;
(2) Apply to the commission for a ticket broker's license on a form designated
by the commission, pay an annual license fee of $400.00, and renew the license
annually;
(3) Pay any local tax required by a local government;
(4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8
of Title 48; and
(5) Provide satisfactory evidence to the commission that the ticket broker has
posted or has made provision for the posting of a bond.
The required bond shall be executed in favor of the state, in the amount
of $150,000.00, with a surety company authorized to do business in this state
and conditioned to pay damages not to exceed the amount of such bond to any
person aggrieved by any act of the principal named in such bond, which act is in
violation of this Code section.
Also, the bill would not allow a person to engage in the
business of being a ticket broker, or be employed as general manager for a
person engaged in the practice or business of a ticket broker, if he or she has
been convicted of a felony and who has not been pardoned or had his or her civil
rights restored.
There are requirements for a person to be a ticket broker.
Some include that such must:
"(1) Post at its established
place of business the terms of the purchaser's right to cancel the purchase of a
ticket from a ticket broker;
(2) Disclose to the purchaser the refund policy of the ticket broker should an
athletic contest or entertainment event be canceled; and
(3) Disclose to the purchaser in writing the difference between the face value
of the ticket and the amount which the ticket broker is charging for such
ticket.
(b)(1) A ticket broker shall be prohibited from employing any agent or employee
for the purpose of making future purchases of tickets from the owner, operator,
lessee, or tenant of the property on which an athletic contest or entertainment
event is to be held.
(2) Each ticket broker, including any affiliated group of ticket brokers, shall
be prohibited from acquiring and reselling in excess of 1 percent of the total
tickets allocated for any contest or event.
(3) Unless otherwise provided in a written agreement between a ticket broker and
the purchaser, a ticket broker shall be required to refund any payment received
for the purchase of a ticket under this article if the purchaser returns the
ticket and requests a cancellation of the sale thereof within 36 hours from the
time of purchase of the ticket and if such return is made more than 72 hours
preceding the athletic contest or entertainment event.
(4) A ticket broker shall be required to refund any payment received for the
purchase of a ticket under this article if the athletic contest or entertainment
event is canceled and not rescheduled.
(5) If a ticket broker guarantees in writing delivery of a ticket or tickets to
an athletic contest or entertainment event as provided under this article to a
purchaser and fails to complete such delivery, the ticket broker shall be
required to provide within 15 days a full refund of any amount paid by the
purchaser and, in addition, shall pay the purchaser a refund fee of three times
the amount paid by the purchaser for each such ticket.
(c) A ticket broker and its employees, agents, and assigns are prohibited from
reselling or offering for resale any ticket within 1,000 feet from the venue
where an event or contest is being held or occurring."
The bill would not prohibit "any person who is the
original purchaser for personal use of one or more tickets to an athletic
contest or entertainment event covered under this article from reselling or
offering for resale any of such tickets for any price, provided that such person
does not sell or offer to sell such tickets within 1,000 feet of a ticket office
for such a contest or event or a public entrance to such a contest or
event." Also, charitable
organizations and their employees and volunteers shall not be subject to the
bill's provisions when offering for sale any tickets of admission to the highest
bidder in a raffle, auction, or similar fund-raising activity for the benefit of
the organizatio's charitable purposes.
HB 545 - Rep. Dean has placed another piece of legislation
pertaining to smoking in healthcare facilities in the hopper.
A similar piece of legislation was introduced in last year's Session.
This bill proposes to modify O.C.G.A. § 16-12-2, relating to smoking in
public places, and inserts a new subparagraph (a) and broadens this from an
enclosed elevator used by the public with a designated no-smoking sign, public
transportation with a no-smoking sign, an area used by or open to the public
with a designated no-smoking sign, day-care centers, group day-care homes,
family day-care homes (defined by O.C.G.A. § 49-5-3) and now extends such to an
"area which is the real property upon which is operated a health care
institution required to have a permit therefor under Code Section 31-7-3."
HB 547 - Rep. Doug Dean and Rep. Bob Holmes have authored
this legislation in order to provide for the waiver of interest due on unpaid
taxes of certain elderly and lower income taxpayers under certain circumstances.
The bill would amend O.C.G.A. § 48-5-242.
It would allow the waiver of interest if such were to accrue on or after
July 1, 2001. Further,
in subparagraph (c) "the waiver of penalties or interest in accordance with
this Code section shall be subject to the written approval of the county
governing authority either on a case-by-case basis or by a resolution delegating
the authority to the tax collector or tax commissioner to make the final
determinations; provided, however, no waiver of interest may be granted
pursuant to this Code section, except for taxpayers age 65 or older who have
gross annual household incomes of less than $39,000.00 and who have owned and
resided in the subject property for not less than ten years immediately
preceding the waiver; provided, further, that no waiver of such interest owed a
municipality or school district may be granted pursuant to this Code section
unless the governing body of the municipality or school district first approves
of the waiver either on a case-by-case basis or by a resolution delegating the
authority to the tax collector or tax commissioner to made the final
determinations. Such resolution by
the county, municipality, or school district governing authorities may establish
rules and regulations governing the administration of this Code section and
establish guidelines to be followed by the tax collector or tax commissioner
when granting such waivers."
Committee News
The House Health and Ecology Committee has reported its Substitute to HB
355 pertaining to the proposed enactment of the Registered Nurse First Assistant
Consumer Act. This would be created
at O.C.G.A. § 33-24-59.9. This
would 'grandmother' those registered nurse first assistants who were holding the
title of such and practicing as same as of January 1, 1993.
Health benefit policies which are issued, executed, or renewed in Georgia
on or after July 1, 2001 and which pay benefits directly to a surgical first
assistant for services rendered would also be required to directly reimburse any
registered nurse first assistant who has rendered such services at the request
of a physician and within the scope of the registered nurse first assistant's
professional license. The newly
designed Code section would not apply to a registered nurse first assistant who
is employed by the requesting physician.
Other News
On Monday, February 12, 2001 at 2:30 p.m., the Senate Insurance and Labor
Committee will hear from advocates pertaining to the healthcare needs of women
suffering from ovarian cancer or who are at risk for such.
Also, Rep. Parham's House Motor Vehicles Committee will host a hearing on
SB 1, authored by Sen. Gingrey, pertaining to teen driving on Tuesday, February
13, 2001 at 1:00 p.m.
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