Bill Text: GA SB407 | 2011-2012 | Regular Session | Introduced
Bill Title: Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-07-01 - Effective Date [SB407 Detail]
Download: Georgia-2011-SB407-Introduced.html
12 LC
37 1348
Senate
Bill 407
By:
Senators Unterman of the 45th, Chance of the 16th and Miller of the 49th
AS
PASSED
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 repeal the creation of the Health Strategies Council and the Clinical
Laboratory, Blood Bank, and Tissue Bank Committee; to correct a cross-reference;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
repealing Code Section 31-6-20, relating to the Health Strategies Council
generally, and designating said Code section as reserved as
follows:
"31-6-20.
(a)
There is created a newly reconstituted Health Strategies Council to be appointed
by the Governor, subject to confirmation by the Senate. Any appointment made
when the Senate is not in session shall be effective until the appointment is
acted upon by the Senate. The newly reconstituted Health Strategies Council
shall be the successor to the Health Strategies Council as it existed on June
30, 2008. Those members of the previously existing Health Strategies Council
who are serving as such on June 30, 2008, shall have their terms expire on June
30, 2008, at which time that council shall be abolished. On and after that date
the council shall be composed of 13 members, except as otherwise provided for in
subsection (b) of this Code section. One member shall be appointed from each
congressional district. The council shall be composed as follows:
(1)
One member representing the private insurance industry;
(2)
One member representing hospitals in rural counties;
(3)
One member representing hospitals in urban counties;
(4)
One member who is a primary care physician in the active practice of
medicine;
(5)
One member who is a physician in a board certified specialty in the active
practice of medicine;
(6)
One member representing nursing homes;
(7)
One member representing home health agencies;
(8)
One member representing freestanding ambulatory surgical centers;
(9)
One member representing health care needs of women;
(10)
One member representing health care needs of the disabled and
elderly;
(11)
One member representing mental health care needs;
(12)
One member representing health care needs of indigent persons; and
(13)
One member representing health care needs of business personnel.
(b)
If the state obtains one or more additional members of the United States House
of Representatives as a result of reapportionment, the Governor shall appoint,
subject to confirmation by the Senate, from each new congressional district thus
created one member representing local or county governments.
(c)
The initial members of the newly reconstituted council shall take office July 1,
2008, and six of them shall be designated in such appointment to serve initial
terms of office of two years and seven of them shall be designated in such
appointment to serve initial terms of office of four years. If additional
members are appointed to the council to represent a new congressional district
as provided in subsection (b) of this Code section, one half shall be designated
to serve an initial term of office which expires when the above initial two-year
terms of office expire and one half shall be designated to serve an initial term
of office which expires when the above initial four-year terms of office expire.
After the initial terms provided in this subsection, members of the council
shall be appointed to serve for four-year terms of office. Members of the
council shall serve out their terms of office and until their respective
successors are appointed and qualified.
(d)
Members of the council shall be subject to removal:
(1)
By the Governor after notice and opportunity for hearing for:
(A)
Inability or neglect to perform the duties required of members;
(B)
Incompetence; or
(C)
Dishonest conduct; or
(2)
For failure to attend at least 50 percent of the meetings of the council in any
year; provided, however, that an absence caused by a medical condition or death
of a family member shall constitute an excused absence and shall not provide
grounds for removal.
Vacancies
on the council shall be filled by appointment by the Governor, subject to
confirmation by the Senate.
(e)
The Governor shall appoint the chairperson of the council. A majority of the
members of the council shall constitute a quorum.
(f)
The members of the council attending meetings of such council, or attending a
subcommittee meeting thereof authorized by such council, shall receive no salary
but shall be reimbursed for their expenses in attending meetings and for
transportation costs as authorized by Code Section 45-7-21, which provides for
the compensation and allowances of certain state officials.
(g)
The function of the council shall be to serve as an advisory body to the
department and to:
(1)
Review, comment, and make recommendations to the board on components of the
state health plan; and
(2)
Review and comment on proposed rules for the administration of this chapter,
except emergency rules, as requested by the department.
(h)
The council at the department's request shall involve and coordinate functions
with such state entities as necessary.
Reserved."
SECTION
2.
Said
title is further amended by repealing Code Section 31-22-3, relating to the
Clinical Laboratory, Blood Bank, and Tissue Bank Committee, and designating said
Code section as reserved as follows:
"31-22-3.
(a)
The department shall appoint a Clinical Laboratory, Blood Bank, and Tissue Bank
Committee (hereinafter referred to as 'committee') which shall be composed of
seven members whose respective terms of office shall be staggered so that the
terms of members representing a particular specialty or profession shall not all
expire at the same time. Each appointment made by the department shall be made
from a list of three names submitted by each professional association
representing the medical or medically oriented interest involved and shall
comply with the following provisions:
(1)
One member of the committee shall be a medical laboratory technician or shall be
a medical laboratory technologist who has at least two years' experience but who
has not more than 134 hours of college or university level work;
(2)
Two members of the committee shall be physicians duly licensed to practice
medicine and surgery pursuant to Chapter 34 of Title 43, one of whom limits his
practice to pathology;
(3)
One member of the committee shall be a medical laboratory
technologist;
(4)
One member of the committee shall be a chemist;
(5)
One member of the committee shall be an active hospital
administrator;
(6)
One member of the committee shall be a clinical microbiologist; and
(7)
There shall be no more than two physician members of the committee serving at
the same time. In addition to each appointment made by the department from the
list of three names submitted by each professional association, one name from
each list shall be selected to serve as an alternate in the event the regularly
appointed member is absent. If the alternate must serve as a representative at
more than three meetings within any year of appointment, the alternate shall
become a member. The third nominee shall then become the alternate member. While
such alternate is acting in his official capacity, he shall be governed by the
same rules and regulations as other committee members and shall enjoy the same
benefits and privileges.
(b)
The committee shall elect such officers and shall be governed by such rules and
regulations as it may adopt for its own governance, subject to final approval by
the department. Members of the committee shall serve without pay but they shall
receive reimbursement for actual and necessary expenses incurred in the
performance of their duties. The committee shall be responsible to and report to
the department and shall have the duty of advising the department on matters
pertaining to standards for studying and evaluating the location, operation,
supervision, and procedures of clinical laboratories, blood banks, and tissue
banks required to be licensed pursuant to this chapter; staffing and personnel
matters in the administration of this chapter; and rules and regulations to be
adopted, modified, promulgated, or repealed pursuant to this chapter. No such
standards shall be approved, nor staffing and personnel matters in the
administration of this chapter decided, nor rules or regulations adopted,
modified, promulgated, or repealed by the department except after consultation
with the committee. The department shall notify the chairman of the committee of
any request by an applicant or licensee for a hearing on any action, proposed
action, or failure to act by the department with reference to the issuance,
denial, suspension, or revocation of a license to a clinical laboratory, blood
bank, or tissue bank pursuant to this chapter; and the chairman of the
committee, or any member of the committee if the chairman does not choose to
act, shall have the right to attend any such hearing and to request of the
department and receive from the department at the department's expense the
examiner's report and transcript of any such hearing, such report and transcript
to be made available upon such request at least 15 days before final action with
respect to any such matter.
Reserved."
SECTION
3.
Said
title is further amended by revising Code Section 31-22-6, relating to powers of
the board to promulgate rules and regulations and establish and enforce
standards, as follows:
"31-22-6.
In
addition to powers conferred elsewhere in this chapter, the board
shall:
(1)
Promulgate rules and regulations for the implementation of this
chapter,
after recommendations from the advisory committee authorized in Code Section
31-22-3;
(2)
Establish and enforce standards governing the safety and sanitary requirements
pertaining to clinical laboratories to the extent that they are not otherwise
subject to requirements imposed by law or municipal ordinance; and
(3)
Promulgate rules and regulations relating to the qualifications and performance
of all personnel."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.