Bill Text: GA HB214 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Public Health, Department of; establish
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2011-07-01 - Effective Date [HB214 Detail]
Download: Georgia-2011-HB214-Comm_Sub.html
11 LC
36 1923S
The
Senate Health and Human Services Committee offered the following substitute to
HB 214:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to create the Hemophilia Advisory Board; to provide for a short title; to
provide for legislative findings; to provide for duties, reporting, membership,
and the selection of officers; to establish the Department of Public Health; to
reassign functions of the Division of Public Health of the Department of
Community Health to the Department of Public Health; to provide for transition
to the new agency; to create a Board of Public Health and a commissioner of
public health; to amend various titles for purposes of conformity; to provide
for related matters; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
Hemophilia Advisory Board Act.
Hemophilia Advisory Board Act.
SECTION
1-1.
Parts
I and II of this Act shall be known and may be cited as the "Hemophilia Advisory
Board Act."
SECTION
1-2.
The
General Assembly finds that hemophilia and other bleeding disorders are
devastating health conditions that can cause serious financial, social, and
emotional hardships for patients and their families. Hemophilia and other
bleeding disorders are incurable, so appropriate lifetime care and treatment are
necessities for maintaining optimum health. Advancements in drug therapies are
allowing individuals greater latitude in managing their conditions, fostering
independence, and minimizing chronic complications. As a result, individuals
are living longer and are healthier and more productive. However, the rarity of
these disorders coupled with the delicate processes of producing clotting factor
concentrates makes treating these disorders extremely costly. It is the intent
of the General Assembly to establish an advisory board to provide expert advice
to the state on health and insurance policies,
plans,
and programs that impact individuals with hemophilia and other bleeding disorders.
and programs that impact individuals with hemophilia and other bleeding disorders.
PART
II
Creation of the Hemophilia Advisory Board.
Creation of the Hemophilia Advisory Board.
SECTION
2-1.
Article
1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating
to general provisions relative to health, is amended by adding a new Code
section to read as follows:
"31-1-12.
(a)
The commissioner of public health in conjunction with the commissioner of
community health shall establish an independent advisory board known as the
Hemophilia Advisory Board.
(b)(1)
The following persons shall serve as nonvoting members of the Hemophilia
Advisory Board:
(A)
The commissioner of public health or a designee; and
(B)
The commissioner of community health or a designee.
(2)
The following voting members shall be appointed by the commissioner of public
health, in consultation with the commissioner of community health, and shall
serve a three-year term:
(A)
One member who is a board certified physician licensed, practicing, and
currently treating individuals with hemophilia and other bleeding disorders and
who specializes in the treatment of these individuals;
(B)
One member who is a nurse licensed, practicing, and currently treating
individuals with hemophilia and other bleeding disorders;
(C)
One member who is a social worker licensed, practicing, and currently treating
individuals with hemophilia and other bleeding disorders;
(D)
One member who is a representative of a federally funded hemophilia treatment
center in this state;
(E)
One member who is a representative of a nonprofit organization that has, as its
primary purpose, the provision of services to the population of this state with
hemophilia and other bleeding disorders;
(F)
One member who is a person who has hemophilia;
(G)
One member who is a caregiver of a person who has hemophilia; and
(H)
One member who is a person who has a bleeding disorder other than hemophilia or
who is a caregiver of a person who has a bleeding disorder other than
hemophilia.
(3)
The Hemophilia Advisory Board may also have up to five additional nonvoting
members as determined appropriate by the commissioner and the commissioner of
community health. These nonvoting members may be persons with, or caregivers of
a person with, hemophilia or other bleeding disorder or persons experienced in
the diagnosis, treatment, care, and support of individuals with hemophilia or
other bleeding disorders.
(c)(1)
Board members shall elect from among the voting board members a presiding
officer. The presiding officer retains all voting rights.
(2)
A majority of the members shall constitute a quorum at any meeting held by the
Hemophilia Advisory Board.
(3)
If there is a vacancy on the Hemophilia Advisory Board, such position shall be
filled in the same manner as the original appointment.
(4)
Members of the Hemophilia Advisory Board shall receive no compensation for
service on the Hemophilia Advisory Board.
(d)
The Hemophilia Advisory Board shall meet at least quarterly and at the call of
the commissioner, the commissioner of community health, or the presiding officer
and follow all policies and procedures of Chapter 14 of Title 50, relating to
open and public meetings.
(e)
The department shall provide reasonably necessary administrative support for
Hemophilia Advisory Board activities.
(f)
The Hemophilia Advisory Board shall review and make recommendations to the
commissioner and the commissioner of community health with regard to issues that
affect the health and wellness of persons living with hemophilia and other
bleeding disorders, including, but not limited to, the following:
(1)
Proposed legislative or administrative changes to policies and programs that are
integral to the health and wellness of individuals with hemophilia and other
bleeding disorders;
(2)
Standards of care and treatment for persons living with hemophilia and other
bleeding disorders, taking into consideration the federal and state standards of
care guidelines developed by state and national organizations, including, but
not limited to, the Medical and Scientific Advisory Council of the National
Hemophilia Foundation;
(3)
The development of community based initiatives to increase awareness of care and
treatment for persons living with hemophilia and other bleeding disorders;
and
(4)
The coordination of public and private support networking systems.
(g)
The Hemophilia Advisory Board shall, no later than six months after the
effective date of this Code section, and annually thereafter, submit to the
Governor and the General Assembly a report of its findings and recommendations.
Annually thereafter, the commissioner of public health, in consultation with the
commissioner of community health, shall report to the Governor and the General
Assembly on the status of implementing the recommendations as proposed by the
Hemophilia Advisory Board. The reports shall be made public and shall be
subject to public review and
comment."
PART
III
Creation of the Department of Public Health.
Creation of the Department of Public Health.
SECTION
3-1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
adding a new chapter to read as follows:
"CHAPTER
2A
31-2A-1.
(a)
There is created the Board of Public Health which shall establish the general
policy to be followed by the Department of Public Health. The powers,
functions, and duties of the Board of Community Health as they existed on June
30, 2011, with regard to the Division of Public Health and the Office of Health
Improvement, unless otherwise provided in this Act, are transferred to the Board
of Public Health effective July 1, 2011. The board shall consist of nine
members appointed by the Governor and confirmed by the Senate.
(b)
The Governor shall designate the initial terms of the members of the board as
follows: three members shall be appointed for one year; three members shall be
appointed for two years; and three members shall be appointed for three years.
Thereafter, all succeeding appointments shall be for three-year terms from the
expiration of the previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same
manner as the appointment to the position on the board which becomes vacant. An
appointment to fill a vacancy other than by expiration of a term of office shall
be for the balance of the unexpired term.
(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing boards provided in Code
Section 43-1-17.
(e)
There shall be a chairperson of the board elected by and from the membership of
the board who shall be the presiding officer of the board.
(f)
The members of the board shall receive the same daily expense allowance and
reimbursement of expenses as provided in Code Section 45-7-21 for members of
other state boards.
31-2A-2.
(a)
There is created a Department of Public Health. The powers, functions, and
duties of the Division of Public Health and the Office of Health Improvement of
the Department of Community Health as they existed on June 30, 2011, unless
otherwise provided in this Act, are transferred to the Department of Public
Health effective July 1, 2011.
(b)
There is created the position of commissioner of public health. The
commissioner shall be the chief administrative officer of the department and be
both appointed and removed by the Governor. Subject to the general policy
established by the board, the commissioner shall supervise, direct, account for,
organize, plan, administer, and execute the functions vested in the
department.
(c)
There shall be created in the department such divisions as may be found
necessary for its effective operation. The commissioner shall have the power to
allocate and reallocate functions among the divisions within the
department.
31-2A-3.
(a)
The Department of Public Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Community
Health that are in effect on June 30, 2011, or scheduled to go into effect on or
after July 1, 2011, and which relate to the functions transferred to the
Department of Public Health pursuant to Code Section 31-2A-2 and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Community Health that are in effect on June 30, 2011, which relate
to the functions transferred to the Department of Public Health pursuant to Code
Section 31-2A-2. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Public Health by proper authority
or as otherwise provided by law.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions as identified by the Office of
Planning and Budget entered into before July 1, 2011, by the Department of
Community Health which relate to the functions transferred to the Department of
Public Health pursuant to Code Section 31-2A-2 shall continue to exist; and none
of these rights, privileges, entitlements, and duties are impaired or diminished
by reason of the transfer of the functions to the Department of Public Health.
In all such instances, the Department of Public Health shall be substituted for
the Department of Community Health, and the Department of Public Health shall
succeed to the rights and duties under such contracts, leases, agreements, and
other transactions.
(c)
All persons employed by the Department of Community Health in capacities which
relate to the functions transferred to the Department of Public Health pursuant
to Code Section 31-2A-2 on June 30, 2011, shall, on July 1, 2011, become
employees of the Department of Public Health in similar capacities, as
determined by the commissioner of public health. Such employees shall be
subject to the employment practices and policies of the Department of Public
Health on and after July 1, 2011, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Personnel Administration and who are transferred to the
department shall retain all existing rights under the State Personnel
Administration. Accrued annual and sick leave possessed by the transferred
employees on June 30, 2011, shall be retained by such employees as employees of
the Department of Public Health.
(d)
On July 1, 2011, the Department of Public Health shall receive custody of the
state owned real property in the custody of the Department of Community Health
on June 30, 2011, and which pertains to the functions transferred to the
Department of Public Health pursuant to Code Section 31-2A-2.
31-2A-4.
The
Department of Public Health shall safeguard and promote the health of the people
of this state and is empowered to employ all legal means appropriate to that
end. Illustrating, without limiting, the foregoing grant of authority, the
department is empowered to:
(1)
Provide epidemiological investigations and laboratory facilities and services in
the detection and control of disease, disorders, and disabilities and to provide
research, conduct investigations, and disseminate information concerning
reduction in the incidence and proper control of disease, disorders, and
disabilities;
(2)
Forestall and correct physical, chemical, and biological conditions that, if
left to run their course, could be injurious to health;
(3)
Regulate and require the use of sanitary facilities at construction sites and
places of public assembly and to regulate persons, firms, and corporations
engaged in the rental and service of portable chemical toilets;
(4)
Isolate and treat persons afflicted with a communicable disease who are either
unable or unwilling to observe the department's rules and regulations for the
suppression of such disease and to establish, to that end, complete or modified
quarantine, surveillance, or isolation of persons and animals exposed to a
disease communicable to man;
(5)
Procure and distribute drugs and biologicals and purchase services from clinics,
laboratories, hospitals, and other health facilities and, when authorized by
law, to acquire and operate such facilities;
(6)
Cooperate with agencies and departments of the federal government and of the
state by supplying consultant services in medical and hospital programs and in
the health aspects of civil defense, emergency preparedness, and emergency
response;
(7)
Prevent, detect, and relieve physical defects and deformities;
(8)
Promote the prevention, early detection, and control of problems affecting the
dental and oral health of the citizens of Georgia;
(9)
Contract with county boards of health to assist in the performance of services
incumbent upon them under Chapter 3 of this title and, in the event of grave
emergencies of more than local peril, to employ whatever means may be at its
disposal to overcome such emergencies;
(10)
Contract and execute releases for assistance in the performance of its functions
and the exercise of its powers and to supply services which are within its
purview to perform;
(11)
Enter into or upon public or private property at reasonable times for the
purpose of inspecting same to determine the presence of disease and conditions
deleterious to health or to determine compliance with health laws and rules,
regulations, and standards thereunder;
(12)
Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' a schedule of fees for laboratory services
provided, schedules to be determined in a manner so as to help defray the costs
incurred by the department, but in no event to exceed such costs, both direct
and indirect, in providing such laboratory services, provided no person shall be
denied services on the basis of his or her inability to pay. All fees paid
thereunder shall be paid into the general funds of the State of Georgia. The
individual who requests the services authorized in this paragraph, or the
individual for whom the laboratory services authorized in this paragraph are
performed, shall be responsible for payment of the service fees. As used in
this paragraph, the term 'individual' means a natural person or his or her
responsible health benefit policy or Title XVIII, XIX, or XXI of the federal
Social Security Act of 1935; and
(13)
Exchange data with the Department of Community Health for purposes of health
improvement
and fraud prevention for programs operated by the Department of
Community
Health pursuant to mutually agreed upon data sharing agreements and in
accordance
with federal confidentiality laws relating to health care.
31-2A-5.
(a)
There is created in the department the Office of Women's Health. Attached to
the office shall be an 11 member advisory council. The members of the advisory
council shall be appointed by the Governor and shall be representative of major
public and private agencies and organizations in the state and shall be
experienced in or have demonstrated particular interest in women's health
issues. Each member shall be appointed for two years and until his or her
successor is appointed. The members shall be eligible to succeed themselves.
The council shall elect its chairperson from among the councilmembers for a term
of two years. The Governor may name an honorary chairperson of the
council.
(b)
The Office of Women's Health shall serve in an advisory capacity to the
Governor, the General Assembly, the board, the department, and all other state
agencies in matters relating to women's health. In particular, the office
shall:
(1)
Raise awareness of women's nonreproductive health issues;
(2)
Inform and engage in prevention and education activities relating to women's
nonreproductive health issues;
(3)
Serve as a clearing-house for women's health information for purposes of
planning and coordination;
(4)
Issue reports of the office's activities and findings; and
(5)
Develop and distribute a state comprehensive plan to address women's health
issues.
(c)
The council shall meet upon the call of its chairperson, the board, or the
commissioner.
31-2A-6.
(a)
The department is authorized to adopt and promulgate rules and regulations to
effect prevention, abatement, and correction of situations and conditions which,
if not promptly checked, would militate against the health of the people of this
state. Such rules and regulations shall be adapted to the purposes intended,
within the purview of the powers and duties imposed upon the department by this
chapter, and supersede conflicting rules, regulations, and orders adopted
pursuant to the authority of Chapter 3 of this title.
(b)
The department upon application or petition may grant variances and waivers to
specific rules and regulations which establish standards for facilities or
entities regulated by the department as follows:
(1)
The department may authorize departure from the literal requirements of a rule
or regulation by granting a variance upon a showing by the applicant or
petitioner that the particular rule or regulation that is the subject of the
variance request should not be applied as written because strict application
would cause undue hardship. The applicant or petitioner additionally must show
that adequate standards affording protection of health, safety, and care exist
and will be met in lieu of the exact requirements of the rule or regulation in
question;
(2)
The department may dispense entirely with the enforcement of a rule or
regulation by granting a waiver upon a showing by the applicant or petitioner
that the purpose of the rule or regulation is met through equivalent standards
affording equivalent protection of health, safety, and care;
(3)
The department may grant waivers and variances to allow experimentation and
demonstration of new and innovative approaches to delivery of services upon a
showing by the applicant or petitioner that the intended protections afforded by
the rule or regulation which is the subject of the request are met and that the
innovative approach has the potential to improve service delivery;
(4)
Waivers or variances which affect an entire class of facilities may only be
approved by the Board of Public Health and shall be for a time certain, as
determined by the board. A notice of the proposed variance or waiver affecting
an entire class of facilities shall be made in accordance with the requirements
for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act'; or
(5)
Variances or waivers which affect only one facility in a class may be approved
or denied by the department and shall be for a time certain, as determined by
the department. The department shall maintain a record of such action and shall
make this information available to the board and all other persons who request
it.
(c)
The department may exempt classes of facilities from regulation when, in the
department's judgment, regulation would not permit the purpose intended or the
class of facilities is subject to similar requirements under other rules and
regulations. Such exemptions shall be provided in rules and regulations
promulgated by the board.
31-2A-7.
(a)
As used in this Code section, the term 'conviction data' means a record of a
finding or verdict of guilty or a plea of guilty or a plea of nolo contendere
with regard to any crime, regardless of whether an appeal of the conviction has
been sought.
(b)
The department may receive from any law enforcement agency conviction data that
is relevant to a person whom the department, its contractors, or a district or
county health agency is considering as a final selectee for employment in a
position the duties of which involve direct care, treatment, custodial
responsibilities, or any combination thereof for its clients. The department
may also receive conviction data which is relevant to a person whom the
department, its contractors, or a district or county health agency is
considering as a final selectee for employment in a position if, in the judgment
of the department, a final employment decision regarding the selectee can only
be made by a review of conviction data in relation to the particular duties of
the position and the security and safety of clients, the general public, or
other employees.
(c)
The department shall establish a uniform method of obtaining conviction data
under subsection (b) of this Code section which shall be applicable to the
department and its contractors. Such uniform method shall require the
submission to the Georgia Crime Information Center of fingerprints and the
records search fee in accordance with Code Section 35-3-35. Upon receipt
thereof, the Georgia Crime Information Center shall promptly transmit
fingerprints to the Federal Bureau of Investigation for a search of bureau
records and an appropriate report and shall promptly conduct a search of its own
records and records to which it has access. After receiving the fingerprints
and fee, the Georgia Crime Information Center shall notify the department in
writing of any derogatory finding, including, but not limited to, any conviction
data regarding the fingerprint records check or if there is no such
finding.
(d)
All conviction data received shall be for the exclusive purpose of making
employment decisions or decisions concerning individuals in the care of the
department and shall be privileged and shall not be released or otherwise
disclosed to any other person or agency. Immediately following the employment
decisions or upon receipt of the conviction data, all such conviction data
collected by the department or its agent shall be maintained by the department
or agent pursuant to laws regarding and the rules or regulations of the Federal
Bureau of Investigation and the Georgia Crime Information Center, as is
applicable. Penalties for the unauthorized release or disclosure of any
conviction data shall be as prescribed pursuant to laws regarding and rules or
regulations of the Federal Bureau of Investigation and the Georgia Crime
Information Center, as is applicable. Nothing in this Code section shall be
construed to allow criminal history information, including arrest and conviction
date, to be released or disclosed to any individual, including members of county
boards of health, who is not directly involved in the hiring
process.
(e)
The department may promulgate written rules and regulations to implement the
provisions of this Code section.
(f)
The department may receive from any law enforcement agency criminal history
information, including arrest and conviction data, and any and all other
information which it may be provided pursuant to state or federal law which is
relevant to any person in the care of the department. The department shall
establish a uniform method of obtaining criminal history information under this
subsection. Such method shall require the submission to the Georgia Crime
Information Center of fingerprints together with any required records search fee
in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia
Crime Information Center shall promptly transmit the fingerprints submitted by
the department to the Federal Bureau of Investigation for a search of bureau
records and an appropriate report and shall promptly conduct a search of its own
records and records to which it has access. Such method shall also permit the
submission of the names alone of such persons to the proper law enforcement
agency for a name based check of such person's criminal history information as
maintained by the Georgia Crime Information Center and the Federal Bureau of
Investigation. In such circumstances, the department shall submit fingerprints
of those persons together with any required records search fee to the Federal
Bureau of Investigation within 15 calendar days of the date of the name based
check on that person. The fingerprints shall be forwarded to the Federal Bureau
of Investigation through the Georgia Crime Information Center in accordance with
Code Section 35-3-35. Following the submission of such fingerprints, the
department may receive the criminal history information, including arrest and
conviction data, relevant to such person.
(g)
The department shall be authorized to conduct a name or descriptor based check
of any person's criminal history information, including arrest and conviction
data, and other information from the Georgia Crime Information Center regarding
any adult person who provides care or is in contact with persons under the care
of the department without the consent of such person and without fingerprint
comparison to the fullest extent permissible by federal and state
law."
SECTION
3-2.
Code
Sections 31-2-7, 31-2-8, 31-2-10, 31-2-12, 31-2-13, 31-2-17, 31-2-17.1, and
31-2-18 of the Official Code of Georgia Annotated, relating to the Department of
Community Health as the agency of the state for receipt and administration of
federal and other funds, studies and surveys of programs, venue of actions
against the department or board, standards for sewage management systems, rules
and regulations governing operation of land disposal sites for septic tank waste
from one business, a diabetes coordinator, the Georgia Diabetes Control Grant
Program, and the director of the Division of Public Health, respectively, are
redesignated and amended as follows:
"31-2-7.
31-2A-8.
The
department is designated and empowered as the agency of this state to apply for,
receive, and administer grants and donations for health purposes from the
federal government and from any of its departments, agencies, and
instrumentalities; from appropriations of the state; and from any other sources
in conformity with
law,
including but not limited to Code Section
49-4-152. The department shall have the
authority to prescribe the purposes for which such funds may be used in order
to:
(1)
Provide, extend, and improve maternal and child health services;
(2)
Locate children already disabled or suffering from conditions leading to a
disability and provide for such children medical, surgical, corrective, and
other services and to provide for facilities for diagnosis, hospitalization, and
aftercare;
(3)
Advance the prevention and control of cancer and of venereal, tubercular, and
other diseases;
(4)
Forestall and correct conditions that, if left to run their course, could be
injurious to health;
(5)
Conduct programs which lie within the scope and the power of the department
relating to industrial hygiene, control of ionizing radiation, occupational
health, water quality, water pollution control, and planning and development of
water resources;
(6)
Administer grants-in-aid to assist in the construction of publicly owned and
operated general and special medical facilities;
(7)
Conduct programs:
(A)
Relating to chronic illness;
(B)
Relating to the dental and oral health of the people of this state which are
appropriate to the purpose of the department; and
(C)
Relating to the physical health of the people of this state which are
appropriate to the purpose of the department; and
(8)
Develop the health aspects of emergency preparedness and emergency
response.
When
a plan is required to be approved by any department, agency, or instrumentality
of the federal government as condition precedent to the making of grants for
health purposes, the department, as agent of this state, is directed to
formulate, submit, and secure approval of that plan and thereafter, upon its
approval and the receipt of funds payable thereunder, to carry the plan into
effect in accordance with its terms, applying thereto the funds so received as
well as other applicable amounts from whatever source.
31-2-8.
31-2A-9.
The
department, from time to time, shall make or cause to be made studies and
surveys to determine the quality, scope, and reach of its programs.
31-2-10.
31-2A-10.
Actions
at law and in equity against the department, the board, or any of its members
predicated upon omissions or acts done in their official capacity or under color
thereof shall be brought in the appropriate county; provided, however, that
nothing in this Code section shall be construed as waiving the immunity of the
state to be sued without its consent.
31-2-12.
31-2A-11.
(a)
As used in this Code section, the term:
(1)
'Chamber system' means a system of chambers with each chamber being a molded
polyolefin plastic, arch shaped, hollow structure with an exposed bottom area
and solid top and louvered sidewall for infiltration of effluent into adjoining
bottom and sidewall soil areas. Chambers may be of different sizes and
configurations to obtain desired surface areas.
(2)
'Conventional system' means a system traditionally used composed of perforated
pipe surrounded by gravel or stone masking for the infiltration of effluent into
adjoining bottom and side soil areas.
(3)
'On-site sewage management system' means a sewage management system other than a
public or community sewage treatment system serving one or more buildings,
mobile homes, recreational vehicles, residences, or other facilities designed or
used for human occupancy or congregation. Such term shall include, without
limitation, conventional and chamber septic tank systems, privies, and
experimental and alternative on-site sewage management systems which are
designed to be physically incapable of a surface discharge of effluent that may
be approved by the department.
(4)
'Prior approved system' means only a chamber system or conventional system or
component of such system which is designed to be physically incapable of a
surface discharge of effluent and which was properly approved pursuant to
subparagraph (a)(2)(B) of this Code section, as such Code section became law on
April 19, 1994, for use according to manufacturers' recommendations, prior to
April 14, 1997.
(5)
'Unsatisfactory service' means documented substandard performance as compared to
other approved systems or components.
(b)
The department shall have the authority as it deems necessary and proper to
adopt state-wide regulations for on-site sewage management systems, including
but not limited to experimental and alternative systems. The department is
authorized to require that any such on-site sewage management system be examined
and approved prior to allowing the use of such system in the state; provided,
however, that any prior approved system shall continue to be approved for
installation in every county of the state pursuant to the manufacturer's
recommendations, including sizing of no less than 50 percent of trench length of
a conventional system designed for equal flows in similar soil conditions. Upon
written request of one-half or more of the health districts in the state, the
department is authorized to require the reexamination of any such system or
component thereof, provided that documentation is submitted indicating
unsatisfactory service of such system or component thereof. Before any such
examination or reexamination, the department may require the person, persons, or
organization manufacturing or marketing the system to reimburse the department
or its agent for the reasonable expenses of such examination.
(c)(1)
This subsection shall not be construed to prohibit the governing authority of
any county or municipality in the state from adopting and enforcing codes at the
local level; provided, however, that no county, municipality, or state agency
may require any certified septic tank installer or certified septic tank pumper
who has executed and deposited a bond as authorized in paragraph (2) of this
subsection to give or furnish or execute any code compliance bond or similar
bond for the purpose of ensuring that all construction, installation, or
modifications are made or completed in compliance with the county or municipal
ordinances or building and construction codes.
(2)
In order to protect the public from damages arising from any work by a certified
septic tank installer or certified septic tank
pumper,
which work
that
fails to comply with any state construction codes or with the ordinances or
building and construction codes adopted by any county or municipal corporation,
any such certified septic tank installer or certified septic tank pumper may
execute and deposit with the judge of the probate court in the county of his or
her principal place of business a bond in the sum of $10,000.00. Such bond
shall be a cash bond of $10,000.00 or executed by a surety authorized and
qualified to write surety bonds in the State of Georgia and shall be approved by
the local county or municipal health department. Such bond shall be conditioned
upon all work done or supervised by such certificate holder complying with the
provisions of any state construction codes or any ordinances or building and
construction codes of any county or municipal corporation wherein the work is
performed. Action on such bond may be brought against the principal and surety
thereon in the name of and for the benefit of any person who suffers damages as
a consequence of said certificate holder's work not conforming to the
requirements of any ordinances or building and construction codes; provided,
however, that the aggregate liability of the surety to all persons so damaged
shall in no event exceed the sum of such bond.
(3)
In any case where a bond is required under this subsection, the certified septic
tank installer or certified septic tank pumper shall file a copy of the bond
with the county or municipal health department in the political subdivision
wherein the work is being performed.
(4)
The provisions of this subsection shall not apply to or affect any bonding
requirements involving contracts for public works as provided in Chapter 10 of
Title 13.
(d)
This Code section does not restrict the work of a plumber licensed by the State
Construction Industry Licensing Board to access any on-site sewage management
system for the purpose of servicing or repairing any plumbing system or
connection to the on-site sewage management system.
31-2-13.
31-2A-12.
Until
July 1, 2012, the department shall provide by rule or regulation for the
regulation of any land disposal site that receives septic tank waste from only
one septic tank pumping and hauling business and which as of June 30, 2007,
operated under a valid permit for such activity as issued by the department
(previously known as the Department of Human Resources for these purposes) under
this Code section. No new permit shall be issued by the department under this
Code section for such type of site on or after July 1, 2007, but instead any new
permit issued for such type of site on or after such date shall be issued by the
Department of Natural Resources under Code Section 12-8-41. This Code section
shall stand repealed on July 1, 2012.
31-2-17.
31-2A-13.
The
commissioner is authorized to appoint a diabetes coordinator within the
Division of
Public Health
department
to coordinate with other state departments and agencies to ensure that all
programs that impact the prevention and treatment of diabetes are coordinated,
that duplication of efforts is minimized, and that the impact of such programs
is maximized in an attempt to reduce the health consequences and complications
of diabetes in Georgia. The
Division of
Public Health
department
shall serve as the central repository for this state's departments and agencies
for data related to the prevention and treatment of diabetes.
31-2-17.1.
31-2A-14.
(a)
There is established within the
department's
Division
Department
of Public Health the Georgia Diabetes Control Grant Program. The purpose of the
grant program shall be to develop, implement, and promote a state-wide effort to
combat the proliferation of Type 2 diabetes and pre-diabetes.
(b)
The program shall be under the direction of a seven-member advisory committee,
appointed by the Governor. The Governor, in making such appointments, shall
ensure to the greatest extent possible that the membership of the advisory
committee is representative of this state's geographic and demographic
composition, with appropriate attention to the representation of women,
minorities, and rural Georgia. The appointments made by the Governor shall
include one member who is:
(1)
A physician licensed in this state;
(2)
A registered nurse licensed in this state;
(3)
A dietitian licensed in this state;
(4)
A diabetes educator;
(5)
A representative of the business community;
(6)
A pharmacist licensed in this state; and
(7)
A consumer who has diabetes.
The
commissioner
of the
Department of Community Health, or his or
her designee, shall serve as an ex officio, nonvoting member of the advisory
committee. Appointed advisory committee members shall be named for five-year
terms staggered so that one term will expire each year, except for the fourth
and fifth year, when two terms will expire. Their successors shall be named for
five-year terms.
(c)
The Georgia Diabetes Control Grant Program shall be authorized to administer two
grant programs targeted at new, expanded, or innovative approaches to address
diabetes as follows:
(1)
A program to provide grants to middle schools and high schools to promote the
understanding and prevention of diabetes may be established by the program.
Such grants shall be provided through the appropriate local board of education.
Grant requests shall contain specific information regarding requirements as to
how the grant should be spent and how such spending promotes the understanding
and prevention of diabetes. Grant recipients shall be required to provide the
advisory committee with quarterly reports of the results of the grant program;
and
(2)
A program to provide grants to health care providers for support of evidence
based diabetes programs for education, screening, disease management, and
self-management targeting populations at greatest risk for pre-diabetes,
diabetes, and the complications of diabetes; and grants may also be awarded to
address evidence based activities that focus on policy, systems, and
environmental changes that support prevention, early detection, and treatment of
diabetes. Eligible entities shall include community and faith based clinics and
other organizations, federally qualified health centers, regional and county
health departments, hospitals, and other public entities, and other health
related service providers which are qualified as exempt from taxation under the
provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. Such
entities shall have been in existence for at least three years, demonstrate
financial stability, utilize evidence based practices, and show measurable
results in their programs.
(d)
The advisory committee shall work with the department to establish grant
criteria and make award decisions, with the goal of creating a state-wide set of
resources to assist residents of Georgia in their efforts to prevent or treat
diabetes. Grants shall not be used for funding existing programs.
(e)
The grant program shall be under the direction of the diabetes coordinator
appointed pursuant to Code Section
31-2-17
31-2A-13.
The department shall provide sufficient staff, administrative support, and such
other resources as may be necessary for the diabetes coordinator to carry out
the duties required by this Code section.
(f)
This Code section shall be subject to appropriation from the General
Assembly.
31-2-18.
31-2A-15.
(a)
The
Division of Public Health shall have a director who shall be appointed by the
Governor and serve at the pleasure of the Governor. The director shall report
to the Office of the Governor and to the
commissioner. In addition to other
authority and duties granted in this title, the
director
commissioner
shall:
(1)
Provide a written report of expenditures made for public health purposes in the
prior fiscal year to the Governor, the Speaker of the House of Representatives,
and the Lieutenant Governor no later than December 1 of each year beginning
December 1, 2010; and
(2)
Serve as the chief liaison to county boards of health through their directors on
matters related to the operations and programmatic responsibilities of such
county boards of health; provided, however, the
director
commissioner
may designate a person from within the
division
department
to serve as such chief liaison.
(b)
The
director
commissioner
shall be authorized to convene one or more panels of experts to address various
public health issues and may consult with experts on epidemiological and
emergency preparedness issues.
SECTION
3-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Code Section 31-2-12" wherever it occurs with "Code Section
31-2A-11":
(1)
Code Section 31-3-5, relating to functions of county boards of
health;
(2)
Code Section 31-3-5.1, relating to conformity prerequisite to building permit;
and
(3)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules.
SECTION
3-4.
The
following Code section of the Official Code of Georgia Annotated is amended by
replacing "Code Section 31-2-13" wherever it occurs with "Code Section
31-2A-12":
(1)
Code Section 12-8-41, relating to permits issued by the Department of Natural
Resources for land disposal sites.
SECTION
3-5.
Code
Section 31-1-1 of the Official Code of Georgia Annotated, relating to
definitions relative to health generally, is revised as follows:
"31-1-1.
Except
as specifically provided otherwise, as used in this title, the
term:
(1)
'Board' means the Board of
Community
Public
Health.
(2)
'Commissioner' means the commissioner of
community
public
health.
(3)
'Department' means the Department of
Community
Public
Health."
SECTION
3-6.
Code
Section 31-1-10 of the Official Code of Georgia Annotated, relating to the state
health officer, is amended as follows:
"31-1-10.
(a)
The position of
State
Health Officer
state health
officer is created.
The
commissioner of community health or the director of the Division of Public
Health of the Department of Community Health shall be the State Health Officer,
as designated by the Governor.
The Governor
may appoint the commissioner of public health to serve simultaneously as the
state health officer or may appoint another individual to serve as state health
officer. Such officer shall serve at the pleasure of the Governor.
(b)
The State
Health Officer
state health
officer shall perform such health
emergency preparedness and response duties as assigned by the
Governor."
PART
IV
Changes to the Department of Community Health.
Changes to the Department of Community Health.
SECTION
4-1.
Said
title is further amended by revising Code Section 31-2-1, relating to
legislative intent and the grant of authority to the Department of Community
Health, as follows:
"31-2-1.
Given
the growing concern and complexities of health issues in this state, it is the
intent of the General Assembly to create a Department of Community Health
dedicated to health issues.
The
Department of Community Health shall safeguard and promote the health of the
people of this state and is empowered to employ all legal means appropriate to
that end. Illustrating, without limiting,
the foregoing grant of authority, the department is empowered to:
(1)
Serve as the lead planning agency for all health issues in the state to remedy
the current situation wherein the responsibility for health care policy,
purchasing, planning, and regulation is spread among many different
agencies;
(2)
Permit the state to maximize its purchasing power and to administer its
operations in a manner so as to receive the maximum amount of federal financial
participation available in expenditures of the department;
(3)
Minimize duplication and maximize administrative efficiency in the state's
health care systems by removing overlapping functions and streamlining
uncoordinated programs;
(4)
Allow the state to develop a better health care infrastructure that is more
responsive to the consumers it serves while improving access to and coverage for
health care;
(5)
Focus more attention and departmental procedures on the issue of wellness,
including diet, exercise, and personal responsibility;
(6)
Provide epidemiological investigations and laboratory facilities and services in
the detection and control of disease, disorders, and disabilities and to provide
research, conduct investigations, and disseminate information concerning
reduction in the incidence and proper control of disease, disorders, and
disabilities;
(7)
Forestall and correct physical, chemical, and biological conditions that, if
left to run their course, could be injurious to health;
(8)
Regulate and require the use of sanitary facilities at construction sites and
places of public assembly and to regulate persons, firms, and corporations
engaged in the rental and service of portable chemical toilets;
(9)
Isolate and treat persons afflicted with a communicable disease who are either
unable or unwilling to observe the department's rules and regulations for the
suppression of such disease and to establish, to that end, complete or modified
quarantine, surveillance, or isolation of persons and animals exposed to a
disease communicable to man;
(10)
Procure and distribute drugs and biologicals and purchase services from clinics,
laboratories, hospitals, and other health facilities and, when authorized by
law, to acquire and operate such facilities;
(11)
Cooperate with agencies and departments of the federal government and of the
state by supplying consultant services in medical and hospital programs and in
the health aspects of civil defense, emergency preparedness, and emergency
response;
(12)
Prevent, detect, and relieve physical defects and deformities;
(13)
Promote the prevention, early detection, and control of problems affecting the
dental and oral health of the citizens of Georgia;
(14)
Contract with county boards of health to assist in the performance of services
incumbent upon them under Chapter 3 of this title and, in the event of grave
emergencies of more than local peril, to employ whatever means may be at its
disposal to overcome such emergencies;
(15)
Contract and execute releases for assistance in the performance of its functions
and the exercise of its powers and to supply services which are within its
purview to perform;
(16)(6)
Enter into or upon public or private property at reasonable times for the
purpose of inspecting same to determine the presence of
disease
and conditions deleterious to health or to
determine compliance with
health
applicable
laws and rules, regulations, and standards thereunder;
and
(17)(7)
Promulgate and enforce rules and regulations for the licensing of medical
facilities wherein abortion procedures under subsections (b) and (c) of Code
Section 16-12-141 are to be
performed;
and, further, to disseminate and distribute educational information and medical
supplies and treatment in order to prevent unwanted pregnancy;
and.
(18)
Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' a schedule of fees for laboratory services
provided, schedules to be determined in a manner so as to help defray the costs
incurred by the department, but in no event to exceed such costs, both direct
and indirect, in providing such laboratory services, provided no person shall be
denied services on the basis of his or her inability to pay. All fees paid
thereunder shall be paid into the general funds of the State of Georgia. The
individual who requests the services authorized in this paragraph, or the
individual for whom the laboratory services authorized in this paragraph are
performed, shall be responsible for payment of the service fees. As used in
this paragraph, the term 'individual' means a natural person or his or her
responsible health benefit policy or Title XVIII, XIX, or XXI of the federal
Social Security Act of
1935."
SECTION
4-2.
Code
Section 31-2-4 of the Official Code of Georgia Annotated, relating to the
powers, duties, functions, and responsibilities of the Department of Community
Health, is amended as follows:
"31-2-4.
(a)(1)(A)
The Department of Community Health is re-created and established to perform the
functions and assume the duties and powers exercised on June 30, 2009, by the
Department of Community Health, the Division of Public Health of the Department
of Human Resources, and the Office of Regulatory Services of the Department of
Human Resources, unless specifically transferred to the Department of Human
Services, and such department, division, and office shall be reconstituted as
the Department of Community Health effective July 1, 2009. The department shall
retain powers and responsibility with respect to the expenditure of any funds
appropriated to the department including, without being limited to, funds
received by the state pursuant to the settlement of the lawsuit filed by the
state against certain tobacco companies,
State of Georgia, et
al. v. Philip Morris, Inc., et al., Civil
Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998).
(B)
On and after July 1, 2011, the functions, duties, and powers of the Department
of Community Health relating to the former Division of Public Health of the
Department of Human Resources shall be performed and exercised by the Department
of Public Health pursuant to Code Section 31-2A-2. No power, function,
responsibility, duty, or similar authority held by the Department of Community
Health as of June 30, 2009, shall be diminished or lost due to the creation of
the Department of Public Health.
(2)
The director of the Division of Public Health in office on June 30, 2009, and
the director of the Office of Regulatory Services in office on June 30, 2009,
shall become directors of the respective division or office which those
predecessor agencies or units have become on and after July 1, 2009, and until
such time as the commissioner appoints other directors of such divisions or
units. The
position of director of the Division of Public Health shall be abolished
effective July 1, 2011.
(b)(1)
There is created in the department the Office of Women's Health. Attached to
the office shall be an 11 member advisory council. The members of the advisory
council shall be appointed by the Governor and shall be representative of major
public and private agencies and organizations in the state and shall be
experienced in or have demonstrated particular interest in women's health
issues. Each member shall be appointed for two years and until his or her
successor is appointed. The members shall be eligible to succeed themselves.
The council shall elect its chairperson from among the councilmembers for a term
of two years. The Governor may name an honorary chairperson of the
council.
(2)
The Office of Women's Health shall serve in an advisory capacity to the
Governor, the General Assembly, the board, the department, and all other state
agencies in matters relating to women's health. In particular, the office
shall:
(A)
Raise awareness of women's nonreproductive health issues;
(B)
Inform and engage in prevention and education activities relating to women's
nonreproductive health issues;
(C)
Serve as a clearing-house for women's health information for purposes of
planning and coordination;
(D)
Issue reports of the office's activities and findings; and
(E)
Develop and distribute a state comprehensive plan to address women's health
issues.
(3)
The council shall meet upon the call of its chairperson, the board, or the
commissioner.
Reserved.
(c)
The Board of Regents of the University System of Georgia is authorized to
contract with the department for health benefits for members, employees, and
retirees of the board of regents and the dependents of such members, employees,
and retirees and for the administration of such health benefits. The department
is also authorized to contract with the board of regents for such
purposes.
(d)
In addition to its other powers, duties, and functions, the
department:
(1)
Shall be the lead agency in coordinating and purchasing health care benefit
plans for state and public employees, dependents, and retirees and may also
coordinate with the board of regents for the purchase and administration of such
health care benefit plans for its members, employees, dependents, and
retirees;
(2)
Is authorized to plan and coordinate medical education and physician work force
issues;
(3)
Shall investigate the lack of availability of health insurance coverage and the
issues associated with the uninsured population of this state. In particular,
the department is authorized to investigate the feasibility of creating and
administering insurance programs for small businesses and political subdivisions
of the state and to propose cost-effective solutions to reducing the numbers of
uninsured in this state;
(4)
Is authorized to appoint a health care work force policy advisory committee to
oversee and coordinate work force planning activities;
(5)
Is authorized to solicit and accept donations, contributions, and gifts and
receive, hold, and use grants, devises, and bequests of real, personal, and
mixed property on behalf of the state to enable the department to carry out its
functions and purposes;
(6)
Is authorized to award grants, as funds are available, to hospital authorities
and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and
31-7-94.1;
(7)
Shall make provision for meeting the cost of hospital care of persons eligible
for public assistance to the extent that federal matching funds are available
for such expenditures for hospital care. To accomplish this purpose, the
department is authorized to pay from funds appropriated for such purposes the
amount required under this paragraph into a trust fund account which shall be
available for disbursement for the cost of hospital care of public assistance
recipients. The commissioner, subject to the approval of the Office of Planning
and Budget, on the basis of the funds appropriated in any year, shall estimate
the scope of hospital care available to public assistance recipients and the
approximate per capita cost of such care. Monthly payments into the trust fund
for hospital care shall be made on behalf of each public assistance recipient
and such payments shall be deemed encumbered for assistance payable. Ledger
accounts reflecting payments into and out of the hospital care fund shall be
maintained for each of the categories of public assistance established under
Code Section 49-4-3. The balance of state funds in such trust fund for the
payment of hospital costs in an amount not to exceed the amount of federal funds
held in the trust fund by the department available for expenditure under this
paragraph shall be deemed encumbered and held in trust for the payment of the
costs of hospital care and shall be rebudgeted for this purpose on each
quarterly budget required under the laws governing the expenditure of state
funds. The state auditor shall audit the funds in the trust fund established
under this paragraph in the same manner that any other funds disbursed by the
department are audited;
(8)
Shall classify and license community living arrangements in accordance with the
rules and regulations promulgated by the department for the licensing and
enforcement of licensing requirements for persons whose services are financially
supported, in whole or in part, by funds authorized through the Department of
Behavioral Health and Developmental Disabilities. To be eligible for licensing
as a community living arrangement, the residence and services provided must be
integrated within the local community. All community living arrangements
licensed by the department shall be subject to the provisions of Code Sections
31-2-11
31-2-8
and 31-7-2.2. No person, business entity, corporation, or association, whether
operated for profit or not for profit, may operate a community living
arrangement without first obtaining a license or provisional license from the
department. A license issued pursuant to this paragraph is not assignable or
transferable. As used in this paragraph, the term 'community living
arrangement' means any residence, whether operated for profit or not, which
undertakes through its ownership or management to provide or arrange for the
provision of housing, food, one or more personal services, support, care, or
treatment exclusively for two or more persons who are not related to the owner
or administrator of the residence by blood or marriage;
(9)
Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' a schedule of fees for licensure
activities for institutions and other health care related entities required to
be licensed, permitted, registered, or commissioned by the department pursuant
to Chapter 7, 13, 23, or 44 of this title, Chapter 5 of Title 26, paragraph (8)
of this subsection, or Article 7 of Chapter 6 of Title 49. Such schedules shall
be determined in a manner so as to help defray the costs incurred by the
department, but in no event to exceed such costs, both direct and indirect, in
providing such licensure activities. Such fees may be annually adjusted by the
department but shall not be increased by more than the annual rate of inflation
as measured by the Consumer Price Index, as reported by the Bureau of Labor
Statistics of the United States Department of Labor. All fees paid thereunder
shall be paid into the general funds of the State of Georgia. It is the intent
of the General Assembly that the proceeds from all fees imposed pursuant to this
paragraph be used to support and improve the quality of licensing services
provided by the department; and
(10)(A)
The
department may
May
accept the certification or accreditation of an entity or program by a
certification or accreditation body, in accordance with specific standards, as
evidence of compliance by the entity or program with the substantially
equivalent departmental requirements for issuance or renewal of a permit or
provisional permit, provided that such certification or accreditation is
established prior to the issuance or renewal of such permits. The department
may not require an additional departmental inspection of any entity or program
whose certification or accreditation has been accepted by the department, except
to the extent that such specific standards are less rigorous or less
comprehensive than departmental requirements. Nothing in this Code section
shall prohibit either departmental inspections for violations of such standards
or requirements or the revocation of or refusal to issue or renew permits, as
authorized by applicable law, or for violation of any other applicable law or
regulation pursuant thereto.
(B)
For purposes of this paragraph, the term:
(i)
'Entity or program' means an agency, center, facility, institution, community
living arrangement, drug abuse treatment and education program, or entity
subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of
this title; Chapter 5 of Title 26; paragraph (8) of this subsection; and Article
7 of Chapter 6 of Title 49.
(ii)
'Permit' means any license, permit, registration, or commission issued by the
department pursuant to the provisions of the law cited in division (i) of this
subparagraph."
SECTION
4-3.
Code
Section 31-2-6 of the Official Code of Georgia Annotated, relating to the
creation of the commissioner of community health, is amended by revising
subsection (b) as follows:
"(b)
There shall be created in the department such divisions as may be found
necessary for its effective operation.
Except for
the Division of Public Heath, the
The
commissioner shall have the power to allocate and reallocate functions among the
divisions within the department."
SECTION
4-4.
Code
Sections 31-2-9, 31-2-11, 31-2-14, 31-2-15, and 31-2-16 of the Official Code of
Georgia Annotated, relating to rules and regulations, actions against certain
applicants or licensees, records check requirements for certain facilities,
information and comparisons regarding state-wide cost and quality of health
care, and biopharmaceuticals, respectively, are redesignated as Code Sections
31-2-7, 31-2-8, 31-2-9, 31-2-10, and 31-2-11, respectively.
SECTION
4-5.
Code
Section 31-2-19 of the Official Code of Georgia Annotated, relating to the
Advisory Council for Public Health, is repealed.
SECTION
4-6.
The
following Code section of the Official Code of Georgia Annotated is amended by
replacing "Code Section 31-2-9" wherever it occurs with "Code Section
31-2-7":
(1)
Code Section 10-1-393, relating to unfair or deceptive practices in consumer
transactions which are unlawful.
SECTION
4-7.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Code Section 31-2-11" wherever it occurs with "Code Section
31-2-8":
(1)
Code Section 25-2-40, relating to smoke detectors required in new dwellings and
dwelling units;
(2)
Code Section 31-7-2.1, relating to rules and regulations relating to hospitals
and other health care facilities;
(3)
Code Section 31-7-302, relating to rules and regulations relating to private
home care providers;
(4)
Code Section 31-8-60, relating to retaliation against a resident and
interference with the long-term care ombudsman prohibited;
(5)
Code Section 31-8-135, relating to hearings for residents of personal care
homes;
(6)
Code Section 31-44-11, relating to the authority of the Department of Community
Health to deal with violations relating to renal disease
facilities;
(7)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid; and
(8)
Code Section 49-6-84, relating to the authority of the Department of Community
Health relating to adult day centers.
SECTION
4-8.
Code
Section 31-8-2 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for the indigent generallly, is amended by
adding a new paragraph to read as follows:
"(0.5)
'Department' means the Department of Community
Health."
SECTION
4-9.
Code
Section 31-8-31 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for nonresident indigents, is amended by
adding a new paragraph to read as follows:
"(2.1)
'Department' means the Department of Community
Health."
SECTION
4-10.
Code
Section 31-8-41 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for pregnant women, is amended by adding a
new paragraph to read as follows:
"(1.1)
'Department' means the Department of Community
Health."
SECTION
4-11.
Code
Section 31-8-81 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Long-term Care Facility Resident Abuse Reporting
Act," is amended by adding a new paragraph to read as follows:
"(1.1)
'Department' means the Department of Community
Health."
SECTION
4-12.
Code
Section 31-8-102 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Bill of Rights for Residents of Long-term Care
Facilities," is amended by adding a new paragraph to read as
follows:
"(1.1)
'Department' means the Department of Community
Health."
SECTION
4-13.
Code
Section 31-8-132 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Remedies for Residents of Personal Care Homes Act,"
is amended by adding a new paragraph to read as follows:
"(2.1)
'Department' means the Department of Community
Health."
SECTION
4-14.
Code
Section 31-8-180 of the Official Code of Georgia Annotated, relating to
definitions relative to disclosure of treatment of Alzheimer's disease or
Alzheimer's related dementia, is amended by adding a new paragraph to read as
follows:
"(3)
'Department' means the Department of Community
Health."
SECTION
4-15.
Code
Section 31-13-3 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Georgia Radiation Control Act," is amended by
adding a new paragraph to read as follows:
"(1.2)
'Department' means the Department of Community
Health."
SECTION
4-16.
Code
Section 31-22-1 of the Official Code of Georgia Annotated, relating to
definitions relative to clinical laboratories, is amended by adding new
paragraphs to read as follows:
"(2.1)
'Commissioner' means the commissioner of community health.
(2.2)
'Department' means the Department of Community
Health."
SECTION
4-17.
Code
Section 31-23-1 of the Official Code of Georgia Annotated, relating to
definitions relative to eye banks, is amended by redesignating paragraphs (1)
and (2) as paragraphs (2) and (3), respectively, and adding a new subsection to
read as follows:
"(1)
'Department' means the Department of Community
Health."
SECTION
4-18.
Code
Section 31-44-1 of the Official Code of Georgia Annotated, relating to
definitions relative to renal disease facilities, is amended by redesignating
paragraphs (1) through (6) as paragraphs (3) through (8), respectively, and
adding new paragraphs to read as follows:
"(1)
'Board' means the Board of Community Health.
(2)
'Department' means the Department of Community
Health."
PART
V
Various Code Sections Affected.
Various Code Sections Affected.
SECTION
5-1.
Code
Section 12-5-4 of the Official Code of Georgia Annotated, relating to programs
for voluntary water conservation and enhancing water supply, is amended by
revising subsection (a) as follows:
"(a)
As used in this Code section, the term 'agency' or 'agencies' means the
Georgia
Department of Natural Resources, including its Environmental Protection
Division, the Georgia Environmental Finance Authority, the
Georgia
Department of Community Affairs, the
Georgia
State
Forestry Commission, the
Georgia
Department of Community Health,
including
its Division of
the Department
of Public Health, the
Georgia
Department of Agriculture, and the
Georgia
State
Soil and Water Conservation Commission individually or collectively as the text
requires."
SECTION
5-2.
Code
Section 15-21-143 of the Official Code of Georgia Annotated, relating to
appointment of members and personnel of the Brain and Spinal Injury Trust Fund
Commission, is amended by revising subsection (a) as follows:
"(a)
The Brain and Spinal Injury Trust Fund Commission shall consist of
15
16
members who shall serve for terms of two years, except that with respect to the
first members appointed, five members shall be appointed for a term of three
years, five for a term of two years, and five for a term of one year. The
following agencies may each appoint one member of the commission:
(1)
The Division of Rehabilitation Services of the Department of Labor;
(2)
The State Board of Education;
(3)
The Department of Public Safety;
(4)
The Department of Community Health;
(5)
The Department of Public Health;
and
(5)(6)
The Department of Human Services.
The
remaining ten members of the commission shall be appointed by the Governor,
seven of whom shall be citizens who have sustained brain or spinal cord injury
or members of such persons' immediate families, no more than one of whom shall
reside in the same geographic area of the state which constitutes a health
district established by the Department of
Community
Public
Health. The Governor is authorized but not required to appoint the remaining
three members from recommendations submitted by the Private Rehabilitation
Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury
Association of Georgia, the Medical Association of Georgia, and the Georgia
State Medical Association. The Governor shall also establish initial terms of
office for all
15
16
members of the board within the limitations of this
subsection."
SECTION
5-3.
Code
Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of
certain officials to offer written statement of information to victims of rape
or forcible sodomy, is amended as follows:
"17-18-1.
When
any employee of the Department of Human Services, Department of Community
Health,
Department of
Public Health, Department of Behavioral
Health and Developmental Disabilities, a law enforcement agency, or a court has
reason to believe that he or she in the course of official duties is speaking to
an adult who is or has been a victim of a violation of Code Section 16-6-1,
relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such
employee shall offer or provide such adult a written statement of information
for victims of rape or aggravated sodomy. Such written statement shall, at a
minimum, include the information set out in Code Section 17-18-2 and may include
additional information regarding resources available to victims of sexual
assault. Information for victims of rape or aggravated sodomy may be provided
in any language."
SECTION
5-4.
Code
Section 19-15-4 of the Official Code of Georgia Annotated, relating to the
Georgia Child Fatality Review Panel, is amended by revising paragraph (15) of
subsection (c) as follows:
"(15)
The
director of
the Division of Public Health of the Department of Community
Health
commissioner
of public health; and"
SECTION
5-5.
Code
Section 24-9-40 of the Official Code of Georgia Annotated, relating to when
medical information may be released by a physician, hospital, health care
facility, or pharmacist, is amended by revising subsection (a) as
follows:
"(a)
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
Community
Public
Health, its divisions, agents, or successors when required in the administration
of public health programs pursuant to Code Section 31-12-2 and where authorized
or required by law, statute, or lawful regulation
or to the
Department of Community Health, its divisions, agents, or successors where
authorized or required 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 or subpoena;
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 or
subpoena 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."
SECTION
5-6.
Code
Section 24-9-47 of the Official Code of Georgia Annotated, relating to
disclosure of AIDS confidential information, is amended by revising subsections
(h), (t), (x), and (aa) as follows:
"(h)(1)
An administrator of an institution licensed as a hospital by the Department of
Community Health or a physician having a patient who has been determined to be
infected with HIV may disclose to the Department of
Community
Health
Public
Health:
(A)
The name and address of that patient;
(B)
That such patient has been determined to be infected with HIV; and
(C)
The name and address of any other person whom the disclosing physician or
administrator reasonably believes to be a person at risk of being infected with
HIV by that patient.
(2)
When mandatory and nonanonymous reporting of confirmed positive HIV tests to the
Department of
Community
Health
Public
Health is determined by that department to
be reasonably necessary, that department shall establish by regulation a date on
and after which such reporting shall be required. On and after the date so
established, each health care provider, health care facility, or any other
person or legal entity which orders an HIV test for another person shall report
to the Department of
Community
Health
Public
Health the name and address of any person
thereby determined to be infected with HIV. No such report shall be made
regarding any confirmed positive HIV test provided at any anonymous HIV test
site operated by or on behalf of the Department of
Community
Health
Public
Health.
(3)
The Department of
Community
Health
Public
Health may disclose that a person has been
reported, under paragraph (1) or (2) of this subsection, to have been determined
to be infected with HIV to the board of health of the county in which that
person resides or is located if reasonably necessary to protect the health and
safety of that person or other persons who may have come in contact with the
body fluids of the HIV infected person. The Department of
Community
Health
Public
Health or county board of health to which
information is disclosed pursuant to this paragraph or paragraph (1) or (2) of
this subsection:
(A)
May contact any person named in such disclosure as having been determined to be
an HIV infected person for the purpose of counseling that person and requesting
therefrom the name of any other person who may be a person at risk of being
infected with HIV by that HIV infected person;
(B)
May contact any other person reasonably believed to be a person at risk of being
infected with HIV by that HIV infected person for the purposes of disclosing
that such infected person has been determined to be infected with HIV and
counseling such person to submit to an HIV test; and
(C)
Shall contact and provide counseling to the spouse of any HIV infected person
whose name is thus disclosed if both persons are reasonably likely to have
engaged in sexual intercourse or any other act determined by the department
likely to have resulted in the transmission of HIV between such persons within
the preceding seven years and if that spouse may be located and contacted
without undue difficulty."
"(t)(1)
A superior court of this state may order a person or legal entity to disclose
AIDS confidential information in its custody or control to:
(A)
A prosecutor in connection with a prosecution for the alleged commission of
reckless conduct under subsection (c) of Code Section 16-5-60;
(B)
Any party in a civil cause of action; or
(C)
A public safety agency or the Department of
Community
Health
Public
Health if that agency or department has an
employee thereof who has, in the course of that employment, come in contact with
the body fluids of the person identified by the AIDS confidential information
sought in such a manner reasonably likely to cause that employee to become an
HIV infected person and provided the disclosure is necessary for the health and
safety of that employee,
and
for purposes of this subsection the term 'petitioner for disclosure' means any
person or legal entity specified in subparagraph (A), (B), or (C) of this
paragraph.
(2)
An order may be issued against a person or legal entity responsible for
recording, reporting, or maintaining AIDS confidential information to compel the
disclosure of that information if the petitioner for disclosure demonstrates by
clear and convincing evidence a compelling need for the information which cannot
be accommodated by other means. In assessing compelling need, the court shall
weigh the public health, safety, or welfare needs or any other public or private
need for the disclosure against the privacy interest of the person identified by
the information and the public interest which may be disserved by disclosures
which may deter voluntary HIV tests.
(3)
A petition seeking disclosure of AIDS confidential information under this
subsection shall substitute a pseudonym for the true name of the person
concerning whom the information is sought. The disclosure to the parties of
that person's true name shall be communicated confidentially, in documents not
filed with the court.
(4)
Before granting any order under this subsection, the court shall provide the
person concerning whom the information is sought with notice and a reasonable
opportunity to participate in the proceedings if that person is not already a
party.
(5)
Court proceedings as to disclosure of AIDS confidential information under this
subsection shall be conducted in camera unless the person concerning whom the
information is sought agrees to a hearing in open court.
(6)
Upon the issuance of an order that a person or legal entity be required to
disclose AIDS confidential information regarding a person named in that order,
that person or entity so ordered shall disclose to the ordering court any such
information which is in the control or custody of that person or entity and
which relates to the person named in the order for the court to make an in
camera inspection thereof. If the court determines from that inspection that
the person named in the order is an HIV infected person, the court shall
disclose to the petitioner for disclosure that determination and shall impose
appropriate safeguards against unauthorized disclosure which shall specify the
persons who may have access to the information, the purposes for which the
information shall be used, and appropriate prohibitions on future
disclosure.
(7)
The record of the proceedings under this subsection shall be sealed by the
court.
(8)
An order may not be issued under this subsection against the Department of
Community
Health
Public
Health, any county board of health, or any
anonymous HIV test site operated by or on behalf of that
department."
"(x)
Neither the Department of
Community
Health
Public
Health nor any county board of health
shall disclose AIDS confidential information contained in its records unless
such disclosure is authorized or required by this Code section or any other law,
except that such information in those records shall not be a public record and
shall not be subject to disclosure through subpoena, court order, or other
judicial process."
"(aa)
In connection with any civil or criminal action in which AIDS confidential
information is disclosed as authorized or required by this Code section, the
party to whom that information is thereby disclosed may subpoena any person to
authenticate such AIDS confidential information, establish a chain of custody
relating thereto, or otherwise testify regarding that information, including but
not limited to testifying regarding any notifications to the patient regarding
results of an HIV test. The provisions of this subsection shall apply
as
to records, personnel, or both of the Department of
Community
Health
Public
Health or a county board of health
notwithstanding Code Section 50-18-72, but only as to test results obtained by a
prosecutor under subsection (q) of this Code section and to be used thereby in a
prosecution for reckless conduct under subsection (c) of Code Section
16-5-60."
SECTION
5-7.
Code
Section 26-4-85 of the Official Code of Georgia Annotated, relating to patient
counseling and optimizing drug therapy, is amended by revising paragraph (3) of
subsection (d) as follows:
"(3)
Patients receiving drugs from the Department of
Community
Health Division of Public Health;
provided, however, that pharmacists who provide drugs to patients in accordance
with Code Section 43-34-23 shall include in all dispensing procedures a written
process whereby the patient or the caregiver of the patient is provided with the
information required under this Code section."
SECTION
5-8.
Code
Section 26-4-192 of the Official Code of Georgia Annotated, relating to the
state-wide program for distribution of unused prescription drugs for the benefit
of medically indigent persons, is amended as follows:
"26-4-192.
(a)
The Georgia State Board of
Pharmacy, the
Department of Public Health, and the
Department of Community Health shall jointly develop and implement a state-wide
program consistent with public health and safety standards through which unused
prescription drugs, other than prescription drugs defined as controlled
substances, may be transferred from health care facilities to pharmacies
designated or approved by the Department of
Community
Health
Public
Health for the purpose of distributing
such drugs to residents of this state who are medically indigent
persons.
(b)
The Georgia State Board of
Pharmacy, the
Department of Public Health, and the
Department of Community Health shall be authorized to develop and implement a
pilot program to determine the safest and most beneficial manner of implementing
the program prior to the state-wide implementation of the program required in
subsection (a) of this Code section.
(c)
The Georgia State Board of Pharmacy, in consultation with
the Department
of Public Health and the Department of
Community Health, shall develop and promulgate rules and regulations to
establish procedures necessary to implement the program and pilot program, if
applicable, provided for in this Code section. The rules and regulations shall
provide, at a minimum:
(1)
For an inclusionary formulary for the prescription drugs to be distributed
pursuant to the program;
(2)
For the protection of the privacy of the individual for whom a prescription drug
was originally prescribed;
(3)
For the integrity and safe storage and safe transfer of the prescription drugs,
which may include, but shall not be limited to, limiting the drugs made
available through the program to those that were originally dispensed by unit
dose or an individually sealed dose and that remain in intact packaging;
provided, however, that the rules and regulations shall authorize the use of any
remaining prescription drugs;
(4)
For the tracking of and accountability for the prescription drugs;
and
(5)
For other matters necessary for the implementation of the program.
(d)
The state-wide program required by this Code section shall be implemented no
later than January 1, 2007, unless a pilot program is implemented pursuant to
subsection (b) of this Code section, in which case state-wide implementation
shall occur no later than July 1,
2008."
SECTION
5-9.
Code
Section 31-1-3.1 of the Official Code of Georgia Annotated, relating to
reporting disabled newborn persons, is amended by revising subsections (e) and
(g) as follows:
"(e)
The
Division of
Public Health of the department
shall:
(1)
Maintain records of reports, notifications, and referrals made under this
article; and
(2)
Maintain and update rosters of public and private departments or agencies which
provide services to persons who have disabilities like those of disabled newborn
persons and send copies of such rosters and an annual update thereof to each
county board of health for those boards of health to make such rosters available
to the public."
"(g)
Any person or entity with whom the department enters into a contract after June
30, 1987, for services shall, as a condition of that contract, register with the
department
(formerly the Division of Public Health
of the
Department of Community Health) the
various services that person or entity is capable of or is already providing to
disabled newborn persons and persons having disabilities like those of disabled
newborn persons for purposes of the roster of services the
division
department
maintains under paragraph (2) of subsection (e) of this Code
section."
SECTION
5-10.
Code
Section 31-5-9 of the Official Code of Georgia Annotated, relating to
injunctions for enjoining violations of the provisions of Title 31, is amended
as follows:
"31-5-9.
(a)
The Department of
Community
Public
Health and all county boards of health
and the
Department of Community Health, as
appropriate, are empowered to institute
appropriate proceedings for injunction in the courts of competent jurisdiction
in this state for the purpose of enjoining a violation of any provision of this
title as now existing or as may be hereafter amended or of any regulation or
order duly issued by the
department,
or
any county board of health,
or the
Department of Community Health provided
that this Code section shall not apply to violations of the provisions of
Chapter 20 of this title. The
department,
and
the county boards of
health, and
the Department of Community Health, as
appropriate, are also empowered to
maintain action for injunction to abate any public nuisance which is injurious
to the public health, safety, or comfort. Such actions may be maintained
notwithstanding the fact that such violation also constitutes a crime and
notwithstanding that other adequate remedies at law exist. Such actions may be
instituted in the name of the
department,
or
any county board,
or the
Department of Community Health, as the
case may be, in the county in which a violation of any provision of this title
occurs. For purposes of this Code section, the county boards of health are
declared to be legal entities capable of maintaining actions in their respective
names without naming the individuals constituting such board, or acting on
behalf of the department, as the case may be.
(b)
Notwithstanding the provisions of Code Section 5-6-13, an appeal or a notice of
intent to appeal an adjudication of contempt of court of a party subject to an
interlocutory or final judgment in a court action for an injunction instituted
under authority of this Code section for a violation of a licensing requirement
of this title shall not operate as a supersedeas unless it is so ordered by the
court; provided, however, that the court may grant a supersedeas in such a case
after making a finding that the health, safety, or welfare of the recipients of
the services will not be substantially harmed by the issuance of the
stay.
(c)
Unless otherwise ordered by the court pursuant to subsection (b) of this Code
section, an interlocutory or final judgment in an action granting an injunction
under this Code section may be enforced by attachment for
contempt."
SECTION
5-11.
Code
Section 31-5-20 of the Official Code of Georgia Annotated, relating to the
definition of the term "inspection warrant," is amended as follows:
"31-5-20.
As
used in this chapter, the term 'inspection warrant' means a warrant authorizing
a search or inspection of private property where such a search or inspection is
one that is necessary for the enforcement of any of the provisions of laws
authorizing licensure, inspection, or regulation by the Department of
Community
Public
Health or a local agency thereof
or by the
Department of Community
Health."
SECTION
5-12.
Code
Section 31-5-21 of the Official Code of Georgia Annotated, relating to persons
who may obtain inspection warrants, is amended as follows:
"31-5-21.
The
commissioner
or the
commissioner of community health or his
or
her delegate or the director of any county
board of health, in addition to other procedures now or hereafter provided, may
obtain an inspection warrant under the conditions specified in this chapter.
Such warrant shall authorize the commissioner
or the
commissioner of community health or the
director of any county board of health, or the agents of
either
any,
or the Department of Agriculture, as appropriate, to conduct a search or
inspection of property, either with or without the consent of the person whose
property is to be searched or inspected, if such search or inspection is one
that is elsewhere authorized under the rules and regulations duly promulgated
under this title or any provision of law which authorizes licensure, inspection,
or regulation by the Department of
Community
Public
Health or a local agency thereof
or by the
Department of Community
Health."
SECTION
5-13.
Code
Section 31-8-52 of the Official Code of Georgia Annotated, relating to duties of
the state long-term care ombudsman, is amended as follows:
"31-8-52.
Pursuant
to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and
as a condition of receiving funds under that act for various programs for older
citizens of this state, the Department of Human Services has been required to
establish and operate a long-term care ombudsman program. In order to receive
such funds, the department has already established a position of state ombudsman
within the state Office of Special Programs. The state ombudsman shall be under
the direct supervision of the commissioner
of human
services or his or her designee and shall
be given the powers and duties hereafter provided by this article. The state
ombudsman shall be a person qualified by training and experience in the field of
aging or long-term care, or both. The state ombudsman shall promote the
well-being and quality of life of residents in long-term care facilities and
encourage the development of community ombudsman activities at the local level.
The state ombudsman may certify community ombudsmen and such certified ombudsmen
shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55.
The state ombudsman shall require such community ombudsmen to receive
appropriate training as determined and approved by the department prior to
certification. Such training shall include an internship of at least seven
working days in a nursing home and at least three working days in a personal
care home. Upon certification, the state ombudsman shall issue an
identification card which shall be presented upon request by community ombudsmen
whenever needed to carry out the purposes of this article. Two years after
first being certified and every two years thereafter, each such community
ombudsman, in order to carry out his or her duties under this article, shall be
recertified by the state ombudsman as continuing to meet the department's
standards as community ombudsman."
SECTION
5-14.
Code
Section 31-9A-6 of the Official Code of Georgia Annotated, relating to reporting
requirements, is amended as follows:
"31-9A-6.
(a)
The Department of
Community
Public
Health shall prepare a reporting form for physicians performing abortions in a
health facility licensed as an abortion facility by the Department of Community
Health containing a reprint of this chapter and listing:
(1)
The number of females to whom the physician provided the information described
in paragraph (1) of Code Section 31-9A-3; of that number, the number to whom the
information was provided by telephone and the number to whom the information was
provided in person; and of each of those numbers, the number to whom the
information was provided by a referring physician and the number to whom the
information was provided by a physician who is to perform the
abortion;
(2)
The number of females to whom the physician or a qualified agent of the
physician provided the information described in paragraph (2) of Code Section
31-9A-3; of that number, the number to whom the information was provided by
telephone and the number to whom the information was provided in person; of each
of those numbers, the number to whom the information was provided by a referring
physician and the number to whom the information was provided by a physician who
is to perform the abortion; and of each of those numbers, the number to whom the
information was provided by the physician and the number to whom the information
was provided by a qualified agent of the physician;
(3)
The number of females who availed themselves of the opportunity to obtain a copy
of the printed information described in Code Section 31-9A-4, 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
(4)
The number of females who were provided the opportunity to view the fetal image
and hear the fetal heartbeat; of that number, the number who elected to view the
sonogram and the number who elected to listen to the fetal heartbeat, if
present.
(b)
The Department of
Community
Public
Health shall ensure that copies of the reporting forms described in subsection
(a) of this Code section are provided:
(1)
Not later than September 7, 2005, to all health facilities licensed as an
abortion facility by the Department of Community Health;
(2)
To each physician licensed or who subsequently becomes licensed to practice in
this state, at the same time as official notification to that physician that the
physician is so licensed; and
(3)
By December 1 of each year, other than the calendar year in which forms are
distributed in accordance with paragraph (1) of this subsection, to all health
facilities licensed as an abortion facility by the Department of Community
Health.
(c)
By February 28 of each year following a calendar year in any part of which this
chapter was in effect, each physician who provided, or whose qualified agent
provided, information to one or more females in accordance with Code Section
31-9A-3 during the previous calendar year shall submit to the Department of
Community
Public
Health a copy of the form described in subsection (a) of this Code section with
the requested data entered accurately and completely.
(d)
Nothing in this Code section shall be construed to preclude the voluntary or
required submission of other reports or forms regarding abortions.
(e)
Reports that are not submitted within a grace period of 30 days following the
due date shall be subject to a late fee of $500.00 for that period and the same
fee for each additional 30 day period or portion of a 30 day period the reports
are overdue. Any physician required to submit a report in accordance with this
Code section who submits an incomplete report or fails to submit a report for
more than one year following the due date may, in an action brought by the
Department of
Community
Public
Health, be directed by a court of competent jurisdiction to submit a complete
report within a period stated by court order or may be subject to sanctions for
civil contempt.
(f)
By June 30 of each year, the Department of
Community
Public
Health shall issue a public report providing statistics for the previous
calendar year compiled from all of the reports covering that year submitted in
accordance with this Code section for each of the items listed in subsection (a)
of this Code section. Each report shall also provide the statistics for all
previous calendar years adjusted to reflect any additional information from late
or corrected reports. The Department of
Community
Public
Health shall ensure that none of the information included in the public reports
could reasonably lead to the identification of any individual who provided
information in accordance with Code Section 31-9A-3 or 31-9A-4.
(g)
The Department of
Community
Public
Health may, by regulation, alter the dates established by subsection (c) or (e)
of this Code section or paragraph (3) of subsection (b) of this Code section or
may consolidate the forms or reports described in this Code section with other
forms or reports for reasons including, but not limited to, achieving
administrative convenience or fiscal savings or reducing the burden of reporting
requirements, so long as reporting forms are sent to all facilities licensed as
an abortion facility by the Department of Community Health at least once every
year and the report described in subsection (f) of this Code section is issued
at least once every year.
(h)
The Department of
Community
Public
Health shall ensure that the names and identities of the physicians filing
reports under this chapter shall remain confidential. The names and identities
of such physicians shall not be subject to Article 4 of Chapter 18 of Title
50."
SECTION
5-15.
Code
Section 31-11-2 of the Official Code of Georgia Annotated, relating to
definitions relative to emergency medical services, is amended by revising
paragraphs (3), (5), and (6.1) as follows:
"(3)
'Ambulance provider' means an agency or company providing ambulance service
which is operating under a valid license from the Emergency Health Section of
the
Division of
Public Health of the Department of
Community
Public
Health."
"(5)
'Cardiac technician' means a person who, having been trained and certified as an
emergency medical technician and having completed additional training in
advanced cardiac life support techniques in a training course approved by the
department, is so certified by the Composite State Board of Medical Examiners,
now known as the Georgia Composite Medical Board, prior to January 1, 2002, or
the Department of Human Resources (now known as the Department of
Community
Public
Health for these purposes) on and after January 1, 2002."
"(6.1)
'Department' means the Department of
Community
Public
Health."
SECTION
5-16.
Code
Section 31-11-9 of the Official Code of Georgia Annotated, relating to
enforcement and inspections relative to emergency medical services, is amended
as follows:
"31-11-9.
The
department and its duly authorized agents are authorized to enforce compliance
with this chapter and rules and regulations promulgated under this chapter as
provided in Article 1 of Chapter 5 of this title and, in connection therewith
during the reasonable business hours of the day, to enter upon and inspect in a
reasonable manner the premises of persons providing ambulance service. All
inspections under this Code section shall be in compliance with the provisions
of Article 2 of Chapter 5 of this title. The department is also authorized to
enforce compliance with this chapter, including but not limited to compliance
with the EMSC Program and furnishing of emergency services within designated
territories, by imposing fines
in the same
manner as provided in paragraph (6) of
subsection (c) of Code Section
31-2-11,
which
31-2-8;
this enforcement action shall be a
contested case under Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'"
SECTION
5-17.
Code
Section 31-11-81 of the Official Code of Georgia Annotated, relating to
definitions relative to emergency services, is amended by revising paragraph (2)
as follows:
"(2)
'Emergency medical provider' means any provider of emergency medical
transportation licensed or permitted by the Department of
Community
Health
Public
Health, any hospital licensed or permitted
by the Department of Community Health, any hospital based service, or any
physician licensed by the Georgia Composite Medical Board who provides emergency
services."
SECTION
5-18.
Code
Section 31-41-12 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Childhood Lead Exposure Control Act", is amended by
revising paragraph (3) as follows:
"(3)
'Division
Department'
means the
Division
Department
of Public Health."
SECTION
5-19.
Code
Section 32-12-4 of the Official Code of Georgia Annotated, relating to the State
Advisory Subcommittee for Rural and Human Services Transportation, is amended as
follows:
"32-12-4.
The
Georgia Coordinating Committee for Rural and Human Services Transportation shall
establish the State Advisory Subcommittee for Rural and Human Services
Transportation which shall consist of the State School Superintendent and the
commissioners of the Department of Transportation, Department of Human Services,
Department of Behavioral Health and Developmental Disabilities, Department of
Community Health,
Department of
Public Health, Department of Labor, the
Governor's Development Council, and the Department of Community Affairs or their
respective designees. The commissioner of transportation or his or her designee
shall serve as chairperson of the State Advisory Subcommittee for Rural and
Human Services Transportation. The Georgia Coordinating Committee for Rural and
Human Services Transportation may also establish such additional advisory
subcommittees as it deems appropriate to fulfill its mission which shall consist
of a representative of each metropolitan planning organization and
representatives from each regional commission in this state and may include
other local government representatives; private and public sector transportation
providers, both for profit and nonprofit; voluntary transportation programs
representatives; public transit system representatives, both rural and urban;
and representatives of the clients served by the various programs administered
by the agencies represented on the State Advisory Subcommittee for Rural and
Human Services Transportation. Members of advisory committees shall be
responsible for their own expenses and shall receive no compensation or
reimbursement of expenses from the Georgia Coordinating Committee for Rural and
Human Services Transportation, the State Advisory Subcommittee for Rural and
Human Services Transportation, or the state for their services as members of an
advisory committee."
SECTION
5-20.
Code
Section 37-1-27 of the Official Code of Georgia Annotated, relating to the
Suicide Prevention Program, is amended by revising paragraph (1) of subsection
(c) and subsection (d) as follows:
"(1)
Establish a link between state agencies and offices, including but not limited
to the Division of Aging Services and Division of Family and Children Services
of the Department of Human Services, the Department of
Community
Health
Public
Health, local government agencies, health
care providers, hospitals, nursing homes, and jails to collect data on suicide
deaths and attempted suicides;"
"(d)
The Suicide Prevention Program shall coordinate with and receive technical
assistance from epidemiologists and other staff of the
Division of
Public Health of the Department of Community
Health
Department of
Public Health to support the research and
outreach efforts related to this program."
SECTION
5-21.
Code
Section 37-2-4 of the Official Code of Georgia Annotated, relating to the
Behavioral Health Coordinating Council, is amended by revising subsection (a) as
follows:
"(a)
There is created the Behavioral Health Coordinating Council. The council shall
consist of the commissioner of behavioral health and developmental disabilities;
the commissioner of community health;
the
commissioner of public health; the
commissioner of human services; the commissioner of juvenile justice; the
commissioner of corrections; the commissioner of community affairs; the
Commissioner of Labor; the State School Superintendent; the chairperson of the
State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code
Section 37-2-32; an adult consumer of public behavioral health services,
appointed by the Governor; a family member of a consumer of public behavioral
health services, appointed by the Governor; a parent of a child receiving public
behavioral health services, appointed by the Governor; a member of the House of
Representatives, appointed by the Speaker of the House of Representatives; and a
member of the Senate, appointed by the Lieutenant Governor."
SECTION
5-22.
Code
Section 37-2-6 of the Official Code of Georgia Annotated, relating to community
mental health, developmental disabilities, and addictive diseases service
boards, is amended by revising subsections (a) and (b.1) and subparagraph
(b)(4)(A) as follows:
"(a)
Community service boards in existence on June 30, 2006, are re-created effective
July 1, 2006, to provide mental health, developmental disabilities, and
addictive diseases services. Effective July 1, 2009, such community service
boards may enroll and contract with the department, the Department of Human
Services, the
Department of Public Health, or the
Department of Community Health to become a provider of mental health,
developmental disabilities, and addictive diseases services or health, recovery,
housing, or other supportive services. Such boards shall be considered public
agencies. Each community service board shall be a public corporation and an
instrumentality of the state; provided, however, that the liabilities, debts,
and obligations of a community service board shall not constitute liabilities,
debts, or obligations of the state or any county or municipal corporation and
neither the state nor any county or municipal corporation shall be liable for
any liability, debt, or obligation of a community service board. Each community
service board re-created pursuant to this Code section is created for nonprofit
and public purposes to exercise essential governmental functions. The
re-creation of community service boards pursuant to this Code section shall not
alter the provisions of Code Section 37-2-6.2 which shall apply to those
re-created community service boards and their employees covered by that Code
section and those employees' rights are retained."
"(A)
A person shall not be eligible to be appointed to or serve on a community
service board if such person is:
(i)
A member of the regional planning board which serves the region in which that
community service board is located;
(ii)
An employee or board member of a public or private entity which contracts with
the department, the Department of Human Services,
the Department
of Public Health, or the Department of
Community Health to provide mental health, developmental disabilities, and
addictive diseases services or health services within the region;
or
(iii)
An employee of that community service board or employee or board member of any
private or public group, organization, or service provider which contracts with
or receives funds from that community service board."
"(b.1)
A county governing authority may appoint the school superintendent, a member of
the county board of health, a member of the board of education, or any other
elected or appointed official to serve on the community service board provided
that such person meets the qualifications of paragraph (1) of subsection (b) of
this Code section and such appointment does not violate the provisions of
Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later,
an employee of the Department of Human Resources (now known as the Department of
Behavioral Health and Developmental Disabilities for these purposes) or an
employee of a county board of health shall not serve on a community service
board. For terms of office which begin July 1, 2009, or later, an employee of
the department, the Department of Human Services,
the Department
of Public Health, or the Department of
Community Health or a board member of the respective boards of each department
shall not serve on a community service board."
SECTION
5-23.
Code
Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to the
program director, staff, budget, and facilities of community service boards, is
amended by revising paragraphs (9) and (15) of subsection (b) as
follows:
"(9)
Each community service board may establish fees for the provision of disability
services or health services according to the terms of contracts entered into
with the department, Department of Human Services,
Department of
Public Health, or Department of Community
Health, as appropriate;"
"(15)
Each community service board may establish fees, rates, rents, and charges for
the use of facilities of the community service board for the provision of
disability services or of health services
through the
Department of Community Health, in
accordance with the terms of contracts entered into with the department,
Department of Human Services,
Department of
Public Health, or Department of Community
Health, as appropriate;"
SECTION
5-24.
Code
Section 37-2-11.2 of the Official Code of Georgia Annotated, relating to access
by the department, Department of Human Services, Department of Community Health,
or regional office to records of any program receiving public funds, is amended
by revising subsections (a) and (b) as follows:
"(a)
Notwithstanding any other law to the contrary, to ensure the quality and
integrity of patient and client care, any program receiving any public funds
from, or subject to licensing, certification, or facility approval by, the
department, the Department of Human Services,
the Department
of Public Health, the Department of
Community Health, or a regional office shall be required to provide the
department or the appropriate regional office or both, upon request, complete
access to, including but not limited to authorization to examine and reproduce,
any records required to be maintained in accordance with contracts, standards,
or rules and regulations of the department, the Department of Human Services,
the Department
of Public Health, or the Department of
Community Health or pursuant to the provisions of this title.
(b)
Records obtained pursuant to subsection (a) of this Code section shall not be
considered public records and shall not be released by the department, the
Department of Human Services,
the Department
of Public Health, the Department of
Community Health, or any regional office unless otherwise specifically
authorized by law."
SECTION
5-25.
Code
Section 43-10A-7 of the Official Code of Georgia Annotated, relating to
licensing requirements for professional counselors, social workers, and marriage
and family therapists, is amended by revising subparagraph (b)(3)(C) as
follows:
"(C)
Persons who engage in the practice of professional counseling as employees of
privately owned correctional facilities, the Department of Corrections,
Department of Community Health,
Department of
Public Health, Department of Behavioral
Health and Developmental Disabilities, Department of Human Services, any county
board of health, or any community service board or similar entity created by
general law to provide services to persons with disabilities, as defined in
Chapter 2 of Title 37, but only when engaged in that practice as employees of
such privately owned correctional facility, department, board, or entity and
persons or entities which contract to provide professional counseling services
with such department or county board of health, but such contracting persons and
entities shall only be exempt under this subparagraph when engaged in providing
professional counseling services pursuant to those contracts and shall only be
exempt until January 1, 1996;"
SECTION
5-26.
Code
Section 43-34-103 of the Official Code of Georgia Annotated, relating to
authority of physician assistants, is amended by revising subparagraph
(e.1)(7)(B) and subsection (f) as follows:
"(B)
Except in facilities operated by the
Division of
Public Health of the Department of Community
Health
Department of
Public Health, the supervising physician
shall review the prescription drug or device order copy and medical record entry
for prescription drug or device orders issued within the past 30 days by the
physician assistant. Such review may be achieved with a sampling of no less
than 50 percent of such prescription drug or device order copies and medical
record entries."
"(f)
A physician employed by the Department of
Community
Health
Public
Health or by any institution thereof or by
a local health department whose duties are administrative in nature and who does
not normally provide health care to patients as such employee shall not be
authorized to apply for or utilize the services of any physician assistant
employed by the Department of
Community
Health
Public
Health or by any institution thereof or by
a local health department."
SECTION
5-27.
Code
Section 43-34-25 of the Official Code of Georgia Annotated, relating to
delegation of certain medical acts to advanced practice registered nurses, is
amended by revising subsection (g) as follows:
"(g)
A delegating physician may not enter into a nurse protocol agreement pursuant to
this Code section with more than four advanced practice registered nurses at any
one time, except this limitation shall not apply to an advanced practice
registered nurse that is practicing:
(1)
In a hospital licensed under Title 31;
(2)
In any college or university as defined in Code Section 20-8-1;
(3)
In the Department of
Community
Health
Public
Health;
(4)
In any county board of health;
(5)
In any free health clinic;
(6)
In a birthing center;
(7)
In any entity:
(A)
Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured
or indigent Medicaid and medicare patients; or
(B)
Which has been established under the authority of or is receiving funds pursuant
to 42 U.S.C. Section 254b or 254c of the United States Public Health Service
Act;
(8)
In any local board of education which has a school nurse program;
or
(9)
In a health maintenance organization that has an exclusive contract with a
medical group practice and arranges for the provision of substantially all
physician services to enrollees in health benefits of the health maintenance
organization."
SECTION
5-28.
Code
Section 50-5-69 of the Official Code of Georgia Annotated, relating to state
purchases without competitive bidding, is amended in subsection (a) as
follows:
"(a)
If the needed supplies, materials, equipment, or service can reasonably be
expected to be acquired for less than $5,000.00 and is not available on state
contracts or through statutorily required sources, the purchase may be
effectuated without competitive bidding. The commissioner of administrative
services may by rule and regulation authorize the various offices, agencies,
departments, boards, bureaus, commissions, institutions, authorities, or other
entities of the state to make purchases in their own behalf and may provide the
circumstances and conditions under which such purchases may be effected. In
order to assist and advise the commissioner of administrative services in making
determinations to allow offices, agencies, departments, boards, bureaus,
commissions, institutions, authorities, or other entities of the state to make
purchases in their own behalf, there is created a Purchasing Advisory Council
consisting of the executive director of the Georgia Technology Authority or his
or her designee; the director of the Office of Planning and Budget or his or her
designee; the chancellor of the University System of Georgia or his or her
designee; the commissioner of technical and adult education or his or her
designee; the commissioner of transportation or his or her designee; the
Secretary of State or his or her designee; the commissioner of human services or
his or her designee; the commissioner of community health or his or her
designee; the
commissioner of public health or his or her
designee; the commissioner of behavioral
health and developmental disabilities or his or her designee; and one member to
be appointed by the Governor. The commissioner of administrative services shall
promulgate the necessary rules and regulations governing meetings of such
council and the method and manner in which such council will assist and advise
the commissioner of administrative services."
SECTION
5-29.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to when
public disclosure is not required under open records laws, is amended by
revising paragraph (2) of subsection (c) as follows:
"(2)
All state officers and employees shall have a privilege to refuse to disclose
the identity or personally identifiable information of any person participating
in research on commercial, scientific, technical, medical, scholarly, or
artistic issues conducted by the Department of Community Health,
the Department
of Public Health, the Department of
Behavioral Health and Developmental Disabilities, or a state institution of
higher education whether sponsored by the institution alone or in conjunction
with a governmental body or private entity. Personally identifiable information
shall mean any information which if disclosed might reasonably reveal the
identity of such person including but not limited to the person's name, address,
and social security number. The identity of such informant shall not be
admissible in evidence in any court of the state unless the court finds that the
identity of the informant already has been disclosed
otherwise."
PART
VI
Name Changes.
Name Changes.
SECTION
6-1.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Division of Public Health of the Department of Community Health"
wherever it occurs with "Department of Public Health":
(1)
Code Section 15-11-154, relating to appointment of plan manager for dependent
child and development of mental competency plan;
(2)
Code Section 19-13-32, relating to the membership, terms, filling of vacancies,
and officers of the State Commission on Family Violence;
(3)
Code Section 31-3-11, relating to appointments of directors and staff for county
boards of health;
(4)
Code Section 31-11-50, relating to medical advisers relative to emergency
medical services;
(5)
Code Section 31-15-4, relating to the cancer control officer;
(6)
Code Section 31-46-4, relating to the Georgia Commission for Saving the
Cure;
(7)
Code Section 33-24-59.7, relating to insurance coverage for the treatment of
morbidly obese patients;
(8)
Code Section 43-34-23, relating to delegation of authority to nurse or physician
assistant; and
(9)
Code Section 49-5-225, relating to local interagency committees.
SECTION
6-2.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Division of Public Health" wherever it occurs with "Department of
Public Health":
(1)
Code Section 31-41-11, relating to legislative findings relative to the
"Childhood Lead Exposure Control Act"; and
(2)
Code Section 31-41-19, relating to rules and regulations to implement the
"Childhood Lead Exposure Control Act."
SECTION
6-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Department of Community Health" wherever it occurs with "Department
of Public Health":
(1)
Code Section 4-4-69, relating to regulation of manufacture and use of disease
vectors in livestock;
(2)
Code Section 4-10-10, relating to the joint regulation of the sale or
transportation of exotic or pet birds;
(3)
Code Section 12-2-8, relating to promulgation of minimum standards and
procedures for protection of natural resources, environment, and vital areas of
the state;
(4)
Code Section 12-3-9, relating to adoption and promulgation by the Board of
Natural Resources of rules and regulations regarding parks, historic sites, and
recreational areas;
(5)
Code Section 12-5-175, relating to fluoridation of public water
systems;
(6)
Code Section 12-8-1, relating to notice of denial of individual sewage disposal
permits;
(7)
Code Section 12-8-41, relating to permits issued by the Department of Natural
Resources for land disposal sites;
(8)
Code Section 15-11-66.1, relating to disposition of a child committing
delinquent act constituting AIDS transmitting crime;
(9)
Code Section 15-21-142, relating to the establishment of the Brain and Spinal
Injury Trust Fund Commission;
(10)
Code Section 16-6-13.1, relating to testing for sexually transmitted
diseases;
(10.1)
Subsection (d) of Code Section 16-12-141, relating to when abortion is legal;
(10.2)
Code Section 16-12-141.1, relating to disposal of aborted fetuses, except for
paragraphs (1) and (3) of subsection (d) and the second reference in subsection
(h);
(11)
Code Section 17-10-15, relating to AIDS transmitting crimes;
(12)
Code Section 19-3-35.1, relating to AIDS brochures for applicants for a marriage
license;
(13)
Code Section 19-3-40, relating to blood tests for sickle cell
disease;
(14)
Code Section 19-3-41, relating to preparation by the Department of Human
Resources of a marriage manual on family planning and other
material;
(15)
Code Section 19-15-1, relating to definitions relative to child
abuse;
(16)
Code Section 20-2-142, relating to prescribed courses in elementary and
secondary schools on alcohol, tobacco, and drug use;
(17)
Code Section 20-2-143, relating to sex education and AIDS prevention instruction
in elementary and secondary schools;
(18)
Code Section 20-2-144, relating to mandatory instruction in elementary and
secondary schools concerning alcohol and drug use;
(19)
Code Section 20-2-260, relating to capital outlay funds generally;
(20)
Code Section 20-2-770, relating to rules and regulations for nutritional
screening and eye, ear, and dental examinations of students;
(21)
Code Section 20-2-771, relating to immunization of students in elementary and
secondary education;
(22)
Code Section 20-2-772, relating to rules and regulations for screening of
students for scoliosis;
(23)
Code Section 20-2-778, relating to required information to parents of students
regarding meningococcal meningitis;
(24)
Reserved;
(25)
Code Section 25-3-6, relating to the effect of certain laws relating to local
fire departments on the powers and duties of other officials and
departments;
(26)
Code Section 26-2-371, relating to permits required for food service
establishments;
(27)
Code Section 26-2-372, relating to the issuance of permits for food service
establishments;
(28)
Code Section 26-2-373, relating to promulgation of rules, regulations, and
standards by the Department of Community Health and county boards of health for
food service establishments;
(29)
Code Section 26-2-374, relating to contents and posting of notices relating to
assistance to persons choking;
(30)
Code Section 26-2-375, relating to enforcement of laws regarding the regulation
of food service establishments;
(31)
Code Section 26-2-376, relating to review of final order or determination by
Department of Community Health regarding regulation of a food service
establishment;
(32)
Code Section 26-2-377, relating to penalties for violation of laws regarding the
regulation of food service establishments;
(33)
Code Section 26-3-18, relating to assistance in enforcement from Department of
Agriculture or Department of Community Health with respect to standards,
labeling, and adulteration of drugs and cosmetics;
(34)
Code Section 26-4-116, relating to emergency service providers with respect to
dangerous drugs and controlled substances;
(35)
Code Section 29-4-18, relating to the appointment of a temporary medical consent
guardian;
(36)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(37)
Code Section 31-3-4, relating to powers of county boards of health;
(38)
Code Section 31-5-1, relating to adoption of rules and regulations by the
Department of Community Health and county boards of health;
(39)
Code Section 31-8-192, relating to definitions relative to the "'Health Share'
Volunteers in Medicine Act';
(39.1)
Code Section 31-8-193, relating to the establishment of a program to provide
health care services to low-income recipients;
(40)
Code Section 31-9A-4, relating to information to be made available by the
Department of Community Health under the "Woman's Right to Know
Act";
(41)
Code Section 31-10-1, relating to definitions relative to vital
records;
(42)
Code Section 31-11-1, relating to findings of the General Assembly and
declaration of policy with respect to emergency medical services;
(43)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(44)
Code Section 31-11-53.1, relating to automated external defibrillator
program;
(45)
Code Section 31-11-100, relating to definitions relative to the Georgia Trauma
Care Network Commission;
(46)
Code Section 31-11-101, relating to the creation of the Georgia Trauma Care
Network Commission;
(47)
Code Section 31-11-102, relating to the duties and responsibilities of the
Georgia Trauma Care Network Commission;
(48)
Code Section 31-11-110, relating to legislative findings relative to a system of
certified stroke centers;
(49)
Code Section 31-12-1, relating to the power to conduct research and studies
relative to the control of hazardous conditions, preventable diseases, and
metabolic diseases;
(50)
Code Section 31-12A-9, relating to a continuing education program relative to
the "Georgia Smokefree Air Act of 2005";
(51)
Code Section 31-12A-10, relating to enforcement by the Department of Community
Health and county boards of health of the "Georgia Smokefree Air Act of
2005";
(52)
Code Section 31-14-2, relating to petition for commitment of a person who has
active tuberculosis;
(53)
Code Section 31-14-9, relating to procedure for securing discharge of a person
committed for active tuberculosis;
(54)
Code Section 31-15-2, relating to the establishment of a program for the
prevention, control, and treatment of cancer;
(55)
Code Section 31-16-2, relating to the establishment of a program for the
prevention, control, and treatment of kidney disease;
(56)
Code Section 31-17-2, relating to the report of diagnosis or treatment to health
authorities of a case of venereal disease;
(57)
Code Section 31-17-3, relating to examination and treatment by health
authorities for venereal disease;
(58)
Code Section 31-17-4.2, relating to HIV pregnancy screening;
(59)
Code Section 31-17A-2, relating to examination of persons infected or suspected
of being infected with HIV;
(60)
Code Section 31-17A-3, relating to refusal to consent to an HIV
test;
(61)
Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury
Trust Fund Commission;
(62)
Code Section 31-22-9.1, relating to who may perform HIV tests;
(63)
Code Section 31-24-4, relating to labeling of containers of blood under "The
Blood Labeling Act";
(64)
Code Section 31-26-2, relating to the requirement of a certificate to practice
midwifery;
(65)
Code Section 31-27-2, relating to the requirement of a permit for a mass
gathering;
(66)
Code Section 31-28-2, relating to issuance of permits to operate a tourist
court;
(67)
Code Section 31-28-5, relating to standards for health, sanitation, and safety
of tourist courts;
(68)
Code Section 31-28-6, relating to inspection of premises of tourist
courts;
(69)
Code Section 31-30-9, relating to effectiveness of chapter on reports on
veterans exposed to agent orange;
(70)
Code Section 31-34-5, relating to service cancelable loans under the "Physicians
for Rural Areas Assistance Act";
(71)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency providers;
(72)
Code Section 31-40-2, relating to issuance of permits for tattoo
studios;
(73)
Code Section 31-40-5, relating to rules and regulations relative to tattoo
studios;
(74)
Code Section 31-40-6, relating to enforcement of chapter regulating tattoo
studios;
(75)
Code Section 31-40-8, relating to a public education program relative to tattoo
studios;
(76)
Code Section 31-43-3, relating to the creation of the Commission on Men's
Health;
(77)
Code Section 31-45-8, relating to inspections by the county board of health of
public swimming pools;
(78)
Code Section 31-45-9, relating to suspension or revocation of permit for a
public swimming pool;
(79)
Code Section 31-45-10, relating to rules and regulations relative to public
swimming pools;
(80)
Code Section 31-45-11, relating to enforcement of rules and regulations relative
to public swimming pools;
(81)
Code Section 31-47-1, relating to the purpose of the Arthritis Prevention and
Control Program;
(82)
Code Section 33-24-59.2, relating to insurance coverage for equipment and
self-management training for individuals with diabetes;
(83)
Code Section 33-44-3, relating to the creation of the Georgia High Risk Health
Insurance Plan;
(84)
Code Section 34-9-1, relating to definitions relative to workers'
compensation;
(85)
Code Section 35-1-8, relating to acquisition, collection, classification, and
preservation of information assisting in identifying deceased persons and
locating missing persons;
(86)
Code Section 37-2-2, relating to definitions relative to the administration of
mental health, developmental disabilities, addictive diseases, and other
disability services;
(87)
Code Section 37-2-3, relating to designation of boundaries for mental health,
developmental disabilities, and addictive diseases regions;
(88)
Code Section 37-2-5, relating to regional planning boards establishing policy
and direction for disability services;
(89)
Code Section 37-2-6.2, relating to employees whose jobs include duties or
functions which became duties or functions of a community service board on July
1, 1994;
(90)
Code Section 37-2-6.4, relating to reconstituting or converting of
organizational structure of community service boards;
(91)
Code Section 37-10-2, relating to the Interstate Compact on Mental
Health;
(92)
Code Section 38-3-22, relating to the Governor's emergency management powers and
duties;
(93)
Code Section 38-3-51, relating to emergency powers of the Governor;
(94)
Code Section 40-5-25, relating to applications for instruction permits and
drivers' licenses;
(95)
Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood
relating to violations of driving under the influence of alcohol, drugs, or
other intoxicating substances;
(96)
Code Section 42-1-7, relating to notification to transporting law enforcement
agency of inmate's or patient's infectious or communicable disease;
(97)
Code Section 42-4-6, relating to confinement and care of tubercular
inmates;
(98)
Code Section 42-4-32, relating to sanitation and health requirements for
jails;
(99)
Code Section 42-5-52, relating to classification and separation of inmates
generally;
(100)
Code Section 42-5-52.2, relating to testing of prison inmates for
HIV;
(101)
Code Section 43-10-6, relating to rules and regulations as to sanitary
requirements of beauty shops, beauty salons, schools of cosmetology, schools of
esthetics, schools of hair design, and schools of nail care;
(102)
Code Section 43-11-74, relating to direct supervision requirement of dental
hygienists by a licensed dentist;
(103)
Code Section 43-14-2, relating to definitions relative to the regulation of
electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors;
(104)
Code Section 43-18-46, relating to grounds for denial or revocation of license
or registration to operate a funeral establishment or to practice embalming or
funeral directing;
(105)
Reserved;
(106)
Code Section 43-34-26.1, relating to influenza vaccine protocol
agreements;
(107)
Code Section 45-9-1, relating to general provisions relative to insuring and
indemnification of state officers and employees;
(108)
Code Section 45-18-1, relating to definitions relative to the state employees'
health insurance plan;
(109)
Code Section 45-18-32, relating to administration of deferred compensation plans
for employees of the state;
(110)
Code Section 46-11-4, relating to regulation of transportation of hazardous
materials on public roads of the state generally;
(111)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules by a state agency;
(112)
Code Section 50-16-3, relating to property of state boards and
departments;
(113)
Reserved; and
(114)
Code Section 50-18-76, relating to written matter exempt from disclosure under
vital records laws.
SECTION
6-4.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Board of Community Health" wherever it occurs with "Board of Public
Health":
(1)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(2)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(3)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(4)
Code Section 31-11-31.1, relating to license fees on ambulance
services;
(5)
Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian
cancer research program fund;
(6)
Code Section 42-9-12, relating to appointment of replacement for incapacitated
member on the State Board of Pardons and Paroles; and
(7)
Code Section 43-7-9, relating to general powers and duties of the State Board of
Barbers.
SECTION
6-5.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "commissioner of community health" and "commissioner of the department
of community health" wherever either term occurs with "commissioner of public
health":
(1)
Code Section 8-2-24, relating to appointment of advisory committee relating to
state building, plumbing, and electrical codes;
(2)
Code Section 12-5-524, relating to the creation of the Water
Council;
(3)
Code Section 16-12-141, relating to when abortion is legal;
(4)
Code Section 16-12-141.1, relating to disposal of aborted fetuses;
(5)
Code Section 21-2-231, relating to lists of persons convicted of felonies,
persons declared mentally incompetent, and deceased persons provided to
Secretary of State with respect to registration of voters;
(6)
Code Section 26-2-393, relating to enforcement of article relating to nonprofit
food sales and food service;
(7)
Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to
Know Act";
(8)
Code Section 31-10-1, relating to definitions relative to vital
records;
(9)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(10)
Code Section 31-11-36, relating to suspension or revocation of licenses for
ambulance services;
(11)
Code Section 31-16-3, relating to functions of the Kidney Disease Advisory
Committee;
(12)
Code Section 31-27-7, relating to emergency powers of the Governor regarding
mass gatherings;
(13)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency responders;
(14)
Code Section 31-36A-7, relating to petition for health care placement transfer,
admission, or discharge order by health care facility;
(15)
Code Section 31-47-2, relating to the role and duties of the commissioner
relative to the arthritis prevention and control program;
(16)
Code Section 31-47-3, relating to the acceptance of grants for the arthritis
prevention and control program;
(17)
Code Section 38-2-10, relating to use of National Guard in drug law enforcement,
provision of medical care in medically underserved areas, and for youth
opportunity training programs;
(18)
Code Section 42-4-32, relating to sanitation and health requirements in jails
generally;
(19)
Code Section 42-9-12, relating to appointment of replacement for incapacitated
member on the State Board of Pardons and Paroles;
(20)
Code Section 43-1A-4, relating to the Occupational Regulation Review
Council;
(21)
Code Section 43-45-3, relating to creation of the State Structural Pest Control
Commission;
(22)
Code Section 45-9-73, relating to the creation of the Georgia Public School
Personnel Indemnification Commission;
(23)
Code Section 45-9-83, relating to the creation of the Georgia State
Indemnification Commission; and
(24)
Code Section 45-9-110, relating to authorization for consolidation of
unemployment compensation claim matters under the commissioner of administrative
services.
SECTION
6-6.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "division" and "division's" with "department" and "department's",
respectively:
(1)
Code Section 31-41-13, relating to notice of lead poisoning hazard;
(2)
Code Section 31-41-14, relating to abatement of lead poisoning
hazard;
(3)
Code Section 31-41-16, relating to certificate evidencing compliance;
and
(4)
Code Section 31-41-17, relating to advice regarding cleaning activities in homes
occupied by children with elevated blood lead levels.
PART
VII
Effective Date and Repealer.
Effective Date and Repealer.
SECTION
7-1.
This
Act shall become effective on July 1, 2011.
SECTION
7-2.
All
laws and parts of laws in conflict with this Act are repealed.
