January 29, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

Today, most Senate members did not wish to discuss any other item until after dealing with the Flag issue.  Tomorrow will be a very big day as the Senate will take up HB 16 and determine whether to amend the State flag.  Tensions escalated in the Legislative Office Building today when groups representing both sides of the issue engaged in heated discussions – the GBI and State Highway Patrol were called in to remove these groups.  

Newly Introduced Legislation 

SB 63 – Sens. Golden and Stephens have placed this bill in the hopper which would create the "Georgia Consumer Choice Negotiated Health Insurance Plan Act."  This would be added as a new Chapter beginning at O.C.G.A. § 33-59-1. It would allow any insurer, authorized to transact business in Georgia, to enter into policies or contracts of group, blanket, or individual accident and sickness insurance with any person to provide only such benefits, coverages, and reimbursements for services as may be mutually agreed upon between the group or individual policyholder and such insurer. 

SB 72 – Sen. Golden has offered this to amend O.C.G.A. § 33-37-31 concerning the procedure for rehabilitation of insurers.  Such reinsurance shall be "payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the court issuing the order of liquidation, without diminution because of the insolvency of the ceding insurer."  Such payments shall be made directly to the ceding insurer or to its domicilary liquidator with certain exceptions: "1) where the contract or other written agreement specifically provides for another payee of such reinsurance in the event of the insolvency of the ceding insurer; or 2) where the assuming insurer, with the consent of the direct insured or insureds, has assumed such policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under such policies and in substitution for the obligation of the ceding insurer to such payees."  This bill has been assigned to Insurance and Labor. 

SB 74 – Sen. James authored this legislation concerning the sales and use tax exemptions found at O.C.G.A. § 48-8-3 by amending such with the following addition: "sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any religious institution which has completed the Form 1023 process of the Internal Revenue Service and has been officially declared tax exempt under Section 501(c)(3) of the Internal Revenue Code through receipt of an official letter from the United States Department of Treasury."  This bill has been assigned to Finance and Public Utilities. 

SB 75 – Sen. James has also authored a bill concerning chiropractors and use of acupuncture in the treatment of their patients.  This would amend the current provisions in Title 43 pertaining to their licensure.  The bill would allow a chiropractor, who has successfully completed a study of not less than 108 hours, approved by the Georgia Board of Chiropractic Examiners, and who has been certified to use acupuncture by the Board, may use acupuncture in the treatment of patients.  It expands such to other persons who apply to be licensed in the practice of acupuncture.  It also deletes the requirement in the current law to have "successfully passed written and practical tests administered by a national certification agency accredited by the National Organization of Competency Assurance pursuant to a contract entered into by the appropriate state agency as provided by the Board."  This bill has been assigned to Health and Human Services. 

SB 82 – Sen. Thomas and others have dropped this bill in the hopper which amends current law by adding a new Code Section beginning at O.C.G.A. § 33-24-59.9 to be known as the "Registered Nurse First Assistant Consumer Act."  The bill encourages the use of registered nurse first assistants who meet certain qualifications as "assistants at surgery" by physicians and surgical facilities in an effort to provide quality, cost-effective surgical intervention to healthcare recipients.   Such "registered nurse first assistant" is a licensed registered nurse in Georgia who has certification in perioperative nursing and has successfully completed a registered nurse first assistant education program which meets the Association of Perioperative Registered Nurses, Inc.'s education standard for such.  A health benefit policy would be required to provide coverage for benefits  - if that policy is issued, executed, or renewed in Georgia on or after July 1, 2001.  This bill has been assigned to Insurance and Labor. 

SR 52 – Sen. Walker and Sen. Cheeks have offered this resolution commending Dr. Francis J. Tedesco for his work as the President of the Medical College of Georgia.  Dr. Tedesco will be retiring from the Medical College of Georgia. 

HB 233 – Rep. Heard and others have offered this to amend Chapter 22 of Title 33 of the Code relating to insurance premium finance companies.  There are changes in the bill at O.C.G.A. § 33-22-3 concerning requirements for license for transaction of business, fees, change of address, and examination of applicants.  At subsection (c) it now states that "before any licensee changes his or her address, he or she shall inform the Commissioner of the change in writing."  The bill also allows records of any premium finance transactions to now be preserved in an electronic format – previously it only allowed for such in photographic form.    Another change, noted as to the form, contents, execution, and delivery of premium finance agreements at O.C.G.A. § 33-22-8, these agreements must now be have at approximately eight-point and shall be readable by an individual with "average eyesight."  Further, among the changes, the bill provides that the licensee or insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his/her address a complete copy of the agreement (this change thus expands the method from person delivery of mail by use of electronic means).  There are also changes to service charges.  The changes also adds a new Section at O.C.G.A. § 33-22-14.1 which states " Any use or transmission of electronic records or electronic signatures for purposes of this chapter shall be subject to the provisions of Chapter 12 of Title 10, the "Georgia Electronic Records and Signatures Act."" 

HB 241 – Rep. Jackson and others have introduced this amendment to Article 2 of Chapter 11 of Title 43 of the Code concerning the licensure for the practice of dentistry.  A new Code section is added at O.C.G.A. § 43-11-52 to be known as the "Georgia Volunteers in Dentistry Act."  A special license would be granted by the Board to qualifying dentists under certain conditions and terms – which would require that the dentist be retired from the practice of dentistry and not currently engaging in the practice in either a full time or part time basis and has maintained full licensure in good standing in Georgia.  The special licensee shall be permitted to practice dentistry only in the non-compensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry services only to indigent patients in areas which are under-served by dentists or critical need populations in the State (to be determined by the Board).  This bill has been referred to the House Health and Ecology Committee for study.  Fees for this licensure would be waived for the holder of the license and any liability of the persons practicing dentistry under this special license would be governed by O.C.G.A. § 51-1-29.1. 

HB 244 – Rep. Mueller's "Woman's Right to Know Act" which amends Chapter 12 of Title 16 of the Code requiring that a female give her informed consent prior to an abortion.  Some of the bill's provisions are: 

(1)   The female must be told the following, by telephone or in person, by the physician who is to perform the abortion or by a referring physician, at least 24 hours before the abortion:

(a)   The name of the physician who will perform the abortion;

(b)   The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

(c)   The probable gestational age of the unborn child at the time the abortion is to be performed; and

(d)   The medical risks associated with carrying her child to term. 

Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. 

(2)   The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician, at least 24 hours before the abortion:

(a)   That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(b)   That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and

(c)   That she has the right to review the printed materials described in Code Section 16-12-153, that these materials are available on a State-sponsored website, and that web address.  The physician, or physician's agent, shall (i) orally inform the female that materials have been provided by the State of Georgia and (ii) describe the unborn child and list the agencies which offer alternatives to abortion.  If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, or restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee.  The female must certify in writing, prior to the abortion, that the information described in paragraphs (1) and (2) have been furnished to her; and prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent must receive a copy of the written certification executed by the female patient.

Within 90 days after this article first becomes effective in 2001, the Department of Human Resources shall publish, in English and in each language which is the primary language of 2 percent or more of the State's population, and shall cause to be available on the State's website, the following printed materials in such a way as to ensure that the information is easily comprehensible:

"(1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and
(2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted.  The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.  The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term."

The bill also addresses emergency situations:  "When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24 hour delay will create serious risk of substantial and irreversible impairment of a major bodily function."

Further, the bill requires physician reporting forms, developed by the Department of Human Resources, which will state the number of females to whom the physician provided the information described in paragraph (1) of Code Section 16-12-152 and of that number, the number to whom such information was provided by telephone and the number to whom such information was provided in person; and of each of those numbers, the number to whom such information was provided by a referring physician and the number to whom such information was provided by a physician who is to perform the abortion.  Further, physicians are required to report the number of females to whom the physician or an agent of the physician provided the information described in paragraph (2) of Code Section 16-12-152; of that number, the number to whom such information was provided by telephone and the number to whom such information was provided in person; of each of those numbers, the number to whom such information was provided by a referring physician and the number to whom such information was provided by a physician who is to perform the abortion; and of each of those numbers, the number to whom such information was provided by the physician and the number to whom such information was provided by an agent of the physician.  Also, physicians must report the number of females who availed themselves of the opportunity to obtain a copy of the printed information described in Code Section 16-12-153, other than on the website, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; and finally, physicians must report the number of abortions performed by the physician in which information otherwise required to be provided at least 24 hours before the abortion was not so provided because an immediate abortion was necessary to avert the female's death and the number of abortions in which such information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function.  Physicians are required to make these reports and if such are not made in a timely fashion, with a grace period of 30 days following the due date, then those physicians shall be subject to a late fee of $500.00 for each additional 30 day period or portion of a 30 day period such reports are overdue.   Annual reports will then be published by June 30 of each year by the Department of Human Resources providing statistics for the previous calendar year compiled from all of the reports covering that year. 

HB 246 – Rep. Henson and Rep. Hudson have authored this amendment to Title 37 concerning an expansion of who is authorized to perform certain acts regarding emergency examinations of persons who are mentally ill or alcohol or drug dependent.   This regards specifically the emergency transport of a person for involuntary evaluation of mental illness, by allowing not only a psychologist, clinical social worker, or clinical nurse specialist in psychiatric/mental health to perform such but also to allow that professional counselor as well as marriage and family therapists to also conduct such evaluations. 

HB 263 – Rep. Randall and others have introduced this bill amending O.C.G.A. § 31-7-350 concerning nursing homes' employees' records checks.  The bill now defines that a 'crime' means a "commission of an offense which constitutes a felony with respect to: 

A.    A violation of O.C.G.A. § 16-5-21, relating to aggravated assault;

B.     A violation of O.C.G.A. § 16-5-24, relating to aggravated battery;

C.    A violation of O.C.G.A. § 16-6-1, relating to rape;

D.    A violation of O.C.G.A. § 16-8-2, relating to theft by taking;

E.     A violation of O.C.G.A. § 16-8-3, relating to theft by deception;

F.     A violation of O.C.G.A. § 16-8-4, relating to theft by conversion;

G.    A violation of O.C.G.A. § 16-5-1, relating to murder and felony murder;

H.    A violation of O.C.G.A. § 16-4-1, relating to criminal attempt as it concerns attempted murder;

I.       A violation of O.C.G.A. § 16-8-40, relating to robbery;

J.       A violation of O.C.G.A. § 16-8-41, relating to armed robbery;

K.    A violation of O.C.G.A. § 16-9-1, relating to forgery in the first degree;

L.     A violation of O.C.G.A. § 16-9-2, relating to forgery in the second degree;

M.   A violation of Chapter 13 of Title 16, relating to controlled substances; or

N.    Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere." 

The bill also redefines "criminal record" and means now any of the following which have reached final disposition within ten years of the date the criminal record check is conducted:

(A)   Conviction of a crime;

(B)    Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge;
(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(C)   Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. 

There may be two determinations made of a review of these records: 1) 'Satisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record, and 2) an 'unsatisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record.  Prior to hiring an applicant for employment, the nursing home must request a criminal record check and make a written determination of each applicant where the check is performed.  If a person has an 'unsatisfactory' determination, then the nursing home shall not employ such person.

HB 264 – This bill has also been offered by Rep. Nikki Randall and others amending O.C.G.A. § 31-2-6 concerning actions against applicants or licensees regulated under Chapters 7, 13, 22 and 23 of Title 31 and Chapter 5 of Title 49 by adding a new subsection (d).   This relates to penalties which can be taken against a nursing facility, nursing home, or intermediate care home.  The Department cannot take an action to fine or restrict the license of any such facility based on the same act, occurrence or omission for which the facility is already receiving federal sanctions or when such formal notice of intent to take such sanction which the Department of Community Health will take based on administrative review or such other appropriate body based on administrative or judicial review determines not to impose.  The bill adds three new subparagraphs: 

"2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department.
(3) If a civil monetary penalty has been imposed on such facility and the department resurveys the facility prior to the final date for completion of all items on the plan of correction, additional sanctions may be imposed against the facility upon a determination that the facility remains in noncompliance only if the department resurveyed the facility at such facility's request.
(4) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended."

HB 268 – Rep. Hudson and others have offered this amendment to O.C.G.A. § 31-7-71, concerning the denial of hospital staff privileges.  If a hospital offers or provides a service which is "within the scope of practice of a person licensed as a doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry, that hospital may not deny to any such licensee staff privileges at such hospital based solely upon that person's license, board certification, or specialty membership in a professional association." 

HB 285 – Rep. Childers has dropped this bill concerning who may operate eye banks as outlined in O.C.G.A. § 31-23-3.  "Any facility, hospital, or any medical school in conjunction with the department or school of ophthalmology of such medical school, alone or in further conjunction with other charitable organizations, may establish and maintain an eye bank in, under, or in affiliation with such hospital or medical school upon approval for the establishment of the eye bank by the Department of Human Resources, if the eye bank meets the medical standards approved by the Eye Bank Association of America and such facility, hospital, or medical school is a nonprofit organization and is not a subsidiary of a for profit corporation or business entity." 

HB 289 – This elder abuse bill has been offered by Reps. Unterman, Campbell, and McBee.  This amends the Code and adds a new Section at O.C.G.A. § 30-5-8.  It states that it shall be unlawful for a person to abuse, neglect, or exploit any disabled adult or elder person and except as what is outlined in Title 16, such person would be guilty of a misdemeanor of a high and aggravated nature. 

HB 290 – Bells will be ringing . . . .  Rep. Connell has authored this bill amending the Tax Code by allowing a new exemption at O.C.G.A. § 48-8-3 in the sales of pipe organs or steeple bells to any church which is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. 

HR 101 – Rep. Moseley and others have introduced this Resolution urging the U.S. Congress to amend Title XXI of the federal Social Security Act to remove exclusions which prohibit the expansion of the PeachCare for Kids Program under O.C.G.A. § 49-5-273 in order to cover children of public school employees. 

HR 128 – Rep. Mobley and Rep. Turnquest have offered this Resolution in order to create the House Study Committee on Certified Professional Midwifery in an effort to determine whether certified professional midwives could perform, once they meet standardized requirements for the knowledge, skills, and experience, out-of-hospital births safely and at significantly lower cost.  This Committee would be required to make a report for any proposed legislation on or before December 1, 2001 and would be abolished on that date as well. 

HR 143 – Rep. Pelote has authored this Resolution designating April as "Ovarian Cancer Awareness Month." 

Floor Activity 

          The bill expanding the scope of practice for optometrists at Chapter 30 of Title 43 was passed out of the House last week, allowing at O.C.G.A. § 43-30-1: 

"(I) Optometrists who are certified to use pharmaceutical agents for treatment purposes shall have the authority to prescribe and administer oral pharmaceutical agents, in addition to the analgesics which alone are subject to the restrictions of subparagraph (D) of this paragraph, for the treatment of conditions of the eye and eyelid only. The treatment of nonocular medical conditions is specifically prohibited.  Optometrists may not prescribe those pharmaceutical agents listed in Schedules I and II of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act.'  A doctor of optometry shall not prescribe or administer oral cortical-steroids for more than seven (7) days without consultation with the patient's physician. 

          The Senate passed a similar bill numerous times last year. 

Committee News 

          The Senate Defense, Science and Technology Committee has offered a substitute to SB 24 concerning electronic signatures and records.  This would amend the current law on Chapter 12 of Title 10 of the Code.  It states that the intent of the General Assembly is for the provisions of this chapter to not be preempted by the federal Electronic Signatures in Global and National Commerce Act, P.L. No. 106-229, 114 Stat. 464 (2000).  Further, it adds a new subsection (k) "Even when a statute, regulation, or other rule of law specifies a particular type of record other than an electronic record or a particular type of signature other than an electronic signature, this chapter shall control to permit the use of electronic records and electronic signatures in the circumstances otherwise governed by such statute, regulation, or other rule of law, unless such statute, regulation, or other rule of law expressly refers to and limits the application of this chapter." 

The House Judiciary Committee met today.  The Committee passed out House Bill 84, "The Uniform Fraudulent Transfers Act."  The bill amends Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated.  The bill was explained to the Committee by Chairman Martin and Judge Mason.  It was announced that the Committee will take up HB 156, "The Patient's Right To Know Act" at its Thursday meeting. 

A Subcommittee of the House Health and Ecology Committee met today.  Representative West held this Subcommittee meeting which passed an amended version of House Bill 223, authored by Representative Childers and others. The bill permits dental hygienists to perform dental screenings without direct supervision under certain conditions. The amendment changes the language from, "may be approved by the Board," to "must be approved by the board."  Martha Phillips supported the bill on behalf of the Georgia Dental Association.  Debbie Douglas supported the bill on behalf of the Georgia Dental Hygienists Association.  The only statewide dental organization not supporting the bill is the Georgia Board of Dentistry.  The Board was not represented at this hearing. 

Chairperson Connie Stokes held a meeting of the Senate Health and Human Services Committee.  The Committee unanimously passed Senate Bill 51, authored by Senator Nadine Thomas and others, which amends Chapter 11 of Title 31 of the Official Code of Georgia Annotated.  The bill adds provisions that regulate the use of automated external defibrillators by lay rescuers.  The language of SB 51 was amended by striking the term "Medical authority"  and replacing that term by "licensed physician or other person authorized by composite board."  Charles Thomas spoke against the bill on behalf of the Georgia Trial Lawyers Association.  David Cook spoke in support of the bill on behalf of the Medical Association of Georgia.