HB 528 - Public Health, Department and Board of; create

Georgia House of Representatives - 1995/1996 Sessions

HB 528 - Public Health, Department and Board of; create

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29/ 30/ 31/ 32/ 33/ 34/ 35/ 36/ 37/ 38/ 39/ 40/ 41/ 42/ 43/ 44/ 45/ 46/ 47/ 48/ 49/ 50/ 51/ 52/ 53/ 54/ 55/ 56/ 57/ 58/ 59/ 60/ 61/ 62/ 63/ 64/ 65/ 66/ 67/ 68/ 69/ 70/ 71/ 72/ 73/ 74/ 75/ 76/ 77/ 78/ 79/ 80/ 81
Code Sections - 31-1-1/ 31-2-1/ 31-5-1/ 31-5-20/ 31-5-21/ 31-7-29/ 31-7-94/ 31-7-176.1/ 31-7-304/ 31-8-1/ 31-8-59/ 31-8-63/ 31-8-104/ 31-8-127/ 31-8-133/ 31-8-139/ 31-12-1/ 31-13-4/ 31-13-5/ 31-13-8.2/ 31-13-9/ 31-13-10/ 31-13-12/ 31-13-13/ 31-13-23/ 31-14-2/ 31-15-2/ 31-15-4/ 31-16-2/ 31-17-2/ 31-17-3/ 31-17A-2/ 31-23-3/ 31-27-2/ 31-27-7/ 31-28-2/ 31-28-6/ 31-30-9/ 31-40-2/ 31-40-6/ 31-40-8/ 9-10-152/ 17-8-30/ 20-3-513/ 37-2-11.2/ 45-18-32/ 49-7-7/ 49-7-8
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1. Baker  70th            2. Bordeaux  151st         3. Orrock  56th
4. Walker  141st          5. Childers  13th          6. Connell  115th

House Comm: H&E / Senate Comm: H&HS / House Vote: Yeas 162 Nays 7 Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/1/95 Read 1st Time 3/7/95 2/2/95 Read 2nd Time 2/28/95 Favorably Reported Sub Committee Amend/Sub 3/6/95 Read 3rd Time 3/6/95 Passed/Adopted CSFA Comm/Floor Amend/Sub ---------------------------------------- Code Sections amended: 31-1-1, 31-1-3.1, 31-1-5, 31-2-1, 31-2-1.1, 31-2-1.2, 31-2-4, 31-2-7, 31-3-4, 31-4-2, 31-5-1, 31-5-9, 31-5-20, 31-5-21, 31-6-2, 31-6-20, 31-6-21, 31-6-47, 31-7-1, 31-7-29, 31-7-35, 31-7-94, 31-7-95, 31-7-172, 31-7-175, 31-7-176.1, 31-7-300, 31-7-304, 31-8-1, 31-8-32, 31-8-36, 31-8-43, 31-8-46, 31-8-51, 31-8-59, 31-8-63, 31-8-81, 31-8-82, 31-8-102, 31-8-104, 31-8-116, 31-8-124, 31-8-125, 31-8-126, 31-8-127, 31-8-133, 31-8-135, 31-8-136, 31-8-139, 31-10-1, 31-11-1, 31-11-2, 31-11-3, 31-11-31.1, 31-11-36, 31-11-50, 31-12-1, 31-13-3, 31-13-4, 31-13-5, 31-13-8.2, 31-13-9, 31-13-10, 31-13-11, 31-13-12, 31-13-13, 31-13-23, 31-14-2, 31-15-2, 31-15-4, 31-15-5, 31-16-2, 31-17-2, 31-17-3, 31-17A-2, 31-17A-3, 31-18-4, 31-20-1, 31-21-5, 31-22-1, 31-22-2, 31-22-9.1, 31-22-9.2, 31-23-3, 31-24-4, 31-26-2, 31-27-2, 31-27-7, 31-28-2, 31-28-5, 31-28-6, 31-30-9, 31-34-5, 31-40-2, 31-40-5, 31-40-6, 31-40-8, 8-2-24, 9-10-152, 17-8-30, 19-3-35.1, 19-13-32, 20-3-374, 20-3-476, 20-3-513, 20-3-516, 26-4-132, 28-5-60, 30-1-4, 37-2-11.2, 42-5-52.l, 42-9-12, 42-9-41, 43-1A-4, 43-27-5, 43-34-26.l, 43-34-103, 44-5-151, 45-9-1, 45-9-110, 45-13-22, 45-18-1, 45-18-32, 45-20-2, 45-20-17, 46-11-4, 49-4-154, 49-5-8, 49-5-12, 49-5-60, 49-5-225, 49-7-2, 49-7-7, 49-7-8, 50-5-31, 50-16-3, 50-18-31, 50-18-72, 50-26-4, 4-4-69, 4-10-10, 10-1-393, 12-2-8, 12-3-9, 12-5-175, 12-5-330, 12-8-1, 15-11-35.1, 16-12-141, 16-12-141.1, 17-10-15, 19-3-40, 19-3-41, 20-2-143, 20-2-260, 20-2-770, 20-2-771, 20-2-772, 21-2-140, 24-9-40, 24-9-47, 25-2-13, 25-3-6, 26-2-371, 26-2-372, 26-2-373, 26-2-374, 26-2-375, 26-2-376, 26-2-377, 26-3-18, 26-4-123, 26-5-3, 33-19-10, 33-21-3, 33-21-5, 33-21-9, 33-21-15, 33-21-17, 33-21-18, 33-21-20, 33-21-21, 33-21-27, 33-29-3.2, 33-30-4.2, 33-44-3, 33-45-3, 34-9-1, 34-9-290, 34-9-415, 35-3-15, 36-42-3, 36-62-2, 38-2-10, 38-3-22, 40-6-392, 40-8-76, 42-1-7, 42-4-6, 42-4-32, 42-5-52, 43-7-9, 43-10-6, 43-11-74, 43-18-46, 43-27-1, 43-27-2, 43-45-3, 44-5-143, 44-5-143.1, 44-5-149, 44-5-150, 44-5-151, 44-14-470, 45-2-40, 45-2-41,45-7-7, 45-9-83, 45-20-90, 45-20-110, 46-11-4, 47-2-297, 47-11-50, 49-4-153, 49-5-90, 50-18-76, 31-10-25
HB 528 HB 528/CSFA H. B. No. 528 (COMMITTEE SUBSTITUTE) (AM) By: Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Childers of the 13th and others A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 31 of the Official Code of Georgia Annotated, 1- 2 relating to health, so as to create a new Department of 1- 3 Public Health and transfer to that department certain 1- 4 functions and duties previously performed by the Department 1- 5 of Human Resources; to create a Board of Public Health and 1- 6 provide for the appointment, qualification, terms, 1- 7 organization, and compensation and expenses of its members; 1- 8 to provide for vacancies on the board and for its powers, 1- 9 duties, and functions; to provide for the transfer of 1-10 employees to the Department of Public Health and for 1-11 retirement and other merit system and employment rights; to 1-12 provide for additional personnel; to provide for rules, 1-13 regulations, policies, and procedures of the Department of 1-14 Public Health and for the transfers of contracts, 1-15 agreements, and transactions to that department; to provide 1-16 for a commissioner of public health and the appointment, 1-17 removal, powers, and duties thereof; to provide that certain 1-18 entities previously attached to the board of regents will be 1-19 attached to the Department of Public Health for 1-20 administrative purposes; to provide that the Department of 1-21 Natural Resources will perform certain additional functions 1-22 and duties; to provide that the commissioner of public 1-23 health will perform certain duties and functions previously 1-24 performed by the commissioner of human resources and that 1-25 the Board of Public Health will perform certain duties and 1-26 functions previously performed by the Board of Human 1-27 Resources; to make conforming amendments to numerous other 1-28 provisions of the Official Code of Georgia Annotated; to 1-29 provide for related matters; to provide for effective dates; 1-30 to repeal conflicting laws; and for other purposes. 1-31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-32 Chapter 1 of Title 31 of the Official Code of Georgia 1-33 Annotated, relating to general provisions regarding health, H. B. No. 528 (SUB) -1- (Index) HB 528/CSFA 2- 1 is amended by striking Code Section 31-1-1, relating to 2- 2 definitions, and inserting in its place the following: 2- 3 "31-1-1. (Index) 2- 4 As used in this title, the term: 2- 5 (1) 'Board' means the Board of Human Resources Public 2- 6 Health. 2- 7 (2) 'Commissioner' means the commissioner of human 2- 8 resources public health. 2- 9 (3) 'Department' means the Department of Human Resources 2-10 Public Health." SECTION 2. 2-11 Said chapter is further amended by striking subsections (e) 2-12 and (g) of Code Section 31-1-3.1, relating to reporting 2-13 handicapped newborns, and inserting in their respective 2-14 places the following: 2-15 "(e) The Division Department of Public Health of the 2-16 department shall: 2-17 (1) Maintain records of reports, notifications, and 2-18 referrals made under this chapter; and 2-19 (2) Maintain and update rosters of public and private 2-20 departments or agencies which provide services to 2-21 persons who have handicaps like those of handicapped 2-22 newborn persons and send copies of such rosters and an 2-23 annual update thereof to each county board of health for 2-24 those boards of health to make such rosters available to 2-25 the public." 2-26 "(g) Any person or entity with whom the department enters 2-27 into a contract after June 30, 1987, for services shall, 2-28 as a condition of that contract, register with the 2-29 Division Department of Public Health the various services 2-30 that person or entity is capable of or is already 2-31 providing to handicapped newborn persons and persons 2-32 having handicaps like those of handicapped newborn persons 2-33 for purposes of the roster of services the division 2-34 department maintains under paragraph (2) of subsection (e) 2-35 of this Code section." SECTION 3. 2-36 Said chapter is further amended by striking subsection (b) 2-37 of Code Section 31-1-5, relating to compensation of H. B. No. 528 (SUB) -2- (Index) HB 528/CSFA 3- 1 employees for damage to wearing apparel caused by patients, 3- 2 and inserting in its place the following: 3- 3 "(b) When action by a patient in one of the institutions 3- 4 operated by the department Department of Human Resources 3- 5 or Department of Public Health results in damage to an 3- 6 item of wearing apparel of an employee of the institution 3- 7 under the jurisdiction of the respective department, the 3- 8 respective department shall compensate the employee for 3- 9 the loss in the amount of either the repair cost or the 3-10 replacement value or the cost of the item of wearing 3-11 apparel, whichever is less. Such losses shall be 3-12 compensated only in accordance with procedures to be 3-13 established by the respective department, and no 3-14 compensation shall be made by the department in excess of 3-15 $500.00 per claim." SECTION 4. 3-16 Chapter 2 of said title, relating to the Department of Human 3-17 Resources, is amended by striking Code Section 31-2-1, 3-18 creating the Department of Human Resources, and inserting in 3-19 its place the following Code sections: 3-20 "31-2-1. (Index) 3-21 (a) There is created the Board of Public Health which 3-22 shall establish the general policy to be followed by the 3-23 Department of Public Health. The board shall consist of 3-24 15 members appointed by the Governor. One member shall be 3-25 a dentist licensed under Chapter 11 of Title 43, one 3-26 member shall be a nursing home administrator licensed 3-27 under Chapter 27 of Title 43, one member shall be a 3-28 pharmacist licensed under Chapter 4 of Title 26, one 3-29 member shall be the chief executive officer of a hospital 3-30 located in this state, one member shall be a 3-31 representative of county governing authorities in this 3-32 state, one member shall be a public health nurse, two 3-33 members shall be members of allied health professions, 3-34 five members shall be licensed to practice medicine under 3-35 Chapter 34 of Title 43, and two members shall represent 3-36 the public at large but shall not be a member of any 3-37 health care profession. 3-38 (b) The Governor shall designate the initial terms of the 3-39 members of the board as follows: three members shall be 3-40 appointed for one year; three members shall be appointed 3-41 for two years; three members shall be appointed for three 3-42 years; three members shall be appointed for four years; H. B. No. 528 (SUB) -3- (Index) HB 528/CSFA 4- 1 and three members shall be appointed for five years. 4- 2 Thereafter, all succeeding appointments shall be for 4- 3 five-year terms from the expiration of the previous term. 4- 4 (c) Vacancies in office shall be filled by appointment by 4- 5 the Governor. An appointment to fill a vacancy other than 4- 6 by expiration of a term of office shall be for the balance 4- 7 of the unexpired term. 4- 8 (d) There shall be a chairperson of the board elected by 4- 9 and from the membership of the board who shall be the 4-10 presiding officer of the board. 4-11 (e) The members of the board shall receive a per diem 4-12 allowance in the same amount as is received by members of 4-13 the General Assembly. 4-14 31-2-1.1. 4-15 (a) The Department of Human Resources Public Health is 4-16 created and established to safeguard and promote the 4-17 health of the people of this state and is empowered to 4-18 employ all legal means appropriate to that end. 4-19 Illustrating, without limiting, the foregoing grant of 4-20 authority, the department is empowered to: 4-21 (1) Provide epidemiological investigations and 4-22 laboratory facilities and services in the detection and 4-23 control of disease, disorders, and disabilities and to 4-24 provide research, conduct investigations, and 4-25 disseminate information concerning reduction in the 4-26 incidence and proper control of disease, disorders, and 4-27 disabilities; 4-28 (2) Forestall and correct physical, chemical, and 4-29 biological conditions that, if left to run their course, 4-30 could be injurious to health; 4-31 (3) Regulate and require the use of sanitary facilities 4-32 at construction sites and places of public assembly and 4-33 to regulate persons, firms, and corporations engaged in 4-34 the rental and service of portable chemical toilets; 4-35 (4) Isolate and treat persons afflicted with a 4-36 communicable disease who are either unable or unwilling 4-37 to observe the department's rules and regulations for 4-38 the suppression of such disease and to establish, to 4-39 that end, complete or modified quarantine, surveillance, 4-40 or isolation of persons and animals exposed to a disease 4-41 communicable to man; H. B. No. 528 (SUB) -4- (Index) HB 528/CSFA 5- 1 (5) Manufacture drugs and biologicals which are not 5- 2 readily available on the market and not manufactured for 5- 3 commercial purposes, when expressly authorized and shown 5- 4 on the minutes of the department; to procure and 5- 5 distribute drugs and biologicals and purchase services 5- 6 from clinics, laboratories, hospitals, and other health 5- 7 facilities and, when authorized by law, to acquire and 5- 8 operate such facilities; 5- 9 (6) Cooperate with agencies and departments of the 5-10 federal government and of the state by supplying 5-11 consultant services in medical and hospital programs and 5-12 in the health aspects of civil defense; 5-13 (7) Detect and relieve physical defects and deformities 5-14 and provide treatment for mental and emotional disorders 5-15 and infirmities; 5-16 (8) Promote the prevention, early detection, and control 5-17 of problems affecting the dental health of the citizens 5-18 of Georgia; 5-19 (9) Contract with county boards of health to assist in 5-20 the performance of services incumbent upon them under 5-21 Chapter 3 of this title and, in the event of grave 5-22 emergencies of more than local peril, to employ whatever 5-23 means may be at its disposal to overcome such 5-24 emergencies; 5-25 (10) Contract and execute releases for assistance in the 5-26 performance of its functions and the exercise of its 5-27 powers and to supply services which are within its 5-28 purview to perform; 5-29 (11) Enter into or upon public or private property at 5-30 reasonable times for the purpose of inspecting same to 5-31 determine the presence of disease and conditions 5-32 deleterious to health or to determine compliance with 5-33 health laws and rules, regulations, and standards 5-34 thereunder; 5-35 (11.1) Regulate child-placing and child-caring agencies, 5-36 as defined in Code Section 49-5-12, by: 5-37 (A) Setting standards, providing consultation, and 5-38 making recommendations concerning the establishment 5-39 and incorporation of such agencies; and H. B. No. 528 (SUB) -5- (Index) HB 528/CSFA 6- 1 (B) Licensing and inspecting regularly such agencies 6- 2 to ensure their adherence to established standards as 6- 3 prescribed by the department. 6- 4 (12) Promulgate and enforce rules and regulations for 6- 5 the licensing of medical facilities wherein abortion 6- 6 procedures under subsections (b) and (c) of Code Section 6- 7 16-12-141 are to be performed; and, further, to 6- 8 disseminate and distribute educational information and 6- 9 medical supplies and treatment in order to prevent 6-10 unwanted pregnancy; and 6-11 (13) Establish, by rule adopted pursuant to Chapter 13 6-12 of Title 50, the 'Georgia Administrative Procedure Act,' 6-13 a schedule of fees for laboratory services provided, 6-14 schedules to be determined in a manner so as to help 6-15 defray the costs incurred by the department, but in no 6-16 event to exceed such costs, both direct and indirect, in 6-17 providing such laboratory services, provided no person 6-18 shall be denied services on the basis of his inability 6-19 to pay. All fees paid thereunder shall be paid into the 6-20 general funds of the State of Georgia. The individual 6-21 who requests services authorized in this Code section 6-22 shall pay the fee. As used in this Code section, the 6-23 term 'individual' means a natural person. 6-24 (b) Effective on July 1, 1995, the Department of Public 6-25 Health shall carry out all functions and exercise all 6-26 powers formerly held by the Division of Public Health and 6-27 by the Office of Regulatory Services of the Department of 6-28 Human Resources. To assist in the transition of 6-29 functions, until July 1, 1996, the Department of Human 6-30 Resources shall perform payroll, accounting, and 6-31 purchasing services and other general support services on 6-32 behalf of the Department of Public Health. 6-33 (c) All persons employed in the Office of Regulatory 6-34 Services and in the Division of Public Health of the 6-35 Department of Human Resources on June 30, 1995, shall, on 6-36 July 1, 1995, become employees of the Department of Public 6-37 Health. Such employees shall be subject to the employment 6-38 practices and policies of the Department of Public Health 6-39 on and after July 1, 1995, but consistent with the 6-40 compensation and benefits of other employees of the 6-41 department holding positions substantially the same as the 6-42 transferred employees, the compensation and benefits of 6-43 such transferred employees shall not be reduced. 6-44 Employees who are subject to the State Merit System of H. B. No. 528 (SUB) -6- (Index) HB 528/CSFA 7- 1 Personnel Administration and who are transferred to the 7- 2 Department of Public Health shall retain all existing 7- 3 rights under the State Merit System of Personnel 7- 4 Administration. Retirement rights of such transferred 7- 5 employees existing under the Employees' Retirement System 7- 6 of Georgia or other public retirement systems on July 1, 7- 7 1995, shall not be impaired or interrupted by the transfer 7- 8 of such employees and membership in any such retirement 7- 9 system shall continue in the same status possessed by the 7-10 transferred employees on June 30, 1995. Accrued annual 7-11 and sick leave possessed by said employees on June 30, 7-12 1995, shall be retained by said employees as employees of 7-13 the department. 7-14 (d)(1) The department shall conform to federal standards 7-15 for a merit system of personnel administration in the 7-16 respects necessary for receiving federal grants and the 7-17 board is authorized and empowered to effect such changes 7-18 as may, from time to time, be necessary in order to 7-19 comply with such standards. 7-20 (2) The department is authorized to employ, on a 7-21 full-time or part-time basis, such medical, supervisory, 7-22 institutional, and other professional personnel and such 7-23 clerical and other employees as may be necessary to 7-24 discharge the duties of the department under this 7-25 chapter. The department is also authorized to contract 7-26 for such professional services as may be necessary. 7-27 (3) Classified employees of the department under this 7-28 chapter shall in all instances be employed and dismissed 7-29 in accordance with rules and regulations of the State 7-30 Merit System of Personnel Administration. 7-31 (4) All personnel of the department are authorized to be 7-32 members of the Employees' Retirement System of Georgia 7-33 created in Chapter 2 of Title 47. All rights, credits, 7-34 and funds in that retirement system which are possessed 7-35 by state personnel transferred by provisions of this 7-36 chapter to the department, or otherwise had by persons 7-37 at the time of employment with the department, are 7-38 continued and preserved, it being the intention of the 7-39 General Assembly that such persons shall not lose any 7-40 rights, credits, or funds to which they may be entitled 7-41 prior to becoming employees of the department. 7-42 (e) The Department of Public Health shall succeed to all 7-43 rules, regulations, policies, procedures, and H. B. No. 528 (SUB) -7- (Index) HB 528/CSFA 8- 1 administrative orders of the Department of Human Resources 8- 2 which are in effect on June 30, 1995, and which relate to 8- 3 the functions transferred to the Department of Public 8- 4 Health. Such rules, regulations, policies, procedures, 8- 5 and administrative orders shall remain in effect until 8- 6 amended, repealed, superseded, or nullified by proper 8- 7 authority or as otherwise provided by law. 8- 8 (f) The rights, privileges, entitlements, and duties of 8- 9 parties to contracts, leases, agreements, and other 8-10 transactions entered into before July 1, 1995, by the 8-11 Department of Human Resources and which pertain to the 8-12 functions transferred to the Department of Public Health 8-13 by this chapter shall continue to exist; and none of these 8-14 rights, privileges, entitlements, and duties are impaired 8-15 or diminished by reason of the transfer of the functions 8-16 to the Department of Public Health. In all such 8-17 instances, the Department of Public Health shall be 8-18 substituted for the Department of Human Resources, and the 8-19 Department of Public Health shall succeed to the rights 8-20 and duties under such contracts, leases, agreements, and 8-21 other transactions. 8-22 31-2-1.2. 8-23 There is created the position of commissioner of public 8-24 health. The commissioner shall be the chief 8-25 administrative officer of the department, shall be 8-26 licensed to practice medicine in this state and trained 8-27 and experienced in public health, and shall be subject to 8-28 appointment and removal by the Governor. Subject to the 8-29 general policy established by the board, the commissioner 8-30 shall supervise, direct, account for, organize, plan, 8-31 administer, and execute the functions vested in the 8-32 department." SECTION 5. 8-33 Said chapter is further amended by striking paragraph (4) of 8-34 subsection (b) of Code Section 31-2-4, relating to rules and 8-35 regulations, and inserting in its place the following: 8-36 "(4) Waivers or variances which affect an entire class 8-37 of facilities may only be approved by the Board of Human 8-38 Resources Public Health and shall be for a time certain, 8-39 as determined by the board. A notice of the proposed 8-40 variance or waiver affecting an entire class of 8-41 facilities shall be made in accordance with the 8-42 requirements for notice of rule making in Chapter 13 of H. B. No. 528 (SUB) -8- (Index) HB 528/CSFA 9- 1 Title 50, the 'Georgia Administrative Procedure Act'; 9- 2 or". SECTION 6. 9- 3 Said chapter is further amended by striking subsection (b) 9- 4 of Code Section 31-2-7, relating to standards for individual 9- 5 sewage management systems, and inserting in its place the 9- 6 following: 9- 7 "(b) The Department of Human Resources Public Health shall 9- 8 have the authority as it deems necessary and proper to 9- 9 adopt state-wide minimum standards for on-site, individual 9-10 sewage management systems, including but not limited to 9-11 standards for the size and construction of septic tanks. 9-12 The department is authorized to require that any on-site, 9-13 individual sewage management system be examined and 9-14 approved prior to allowing the use of such system in the 9-15 state. Any on-site, individual sewage management system 9-16 which has been properly approved shall, by virtue of such 9-17 approval and by operation of law, be approved for 9-18 installation in every county of the state; provided, 9-19 however, that such on-site, individual sewage management 9-20 system shall be required to meet local regulations 9-21 authorized by law. Upon written request of three or more 9-22 health districts, the department is authorized to require 9-23 the reexamination of any such system or component thereof, 9-24 provided that documentation is submitted indicating 9-25 unsatisfactory service of such system or component 9-26 thereof. Before any such examination or reexamination, 9-27 the department may require the person, persons, or 9-28 organization manufacturing or marketing the system to 9-29 reimburse the department or its agent for the reasonable 9-30 expenses of such examination." SECTION 7. 9-31 Chapter 3 of said title, relating to county boards of 9-32 health, is amended by striking paragraph (7) of subsection 9-33 (a) of Code Section 31-3-4, relating to powers of such 9-34 boards, and inserting in its place the following: 9-35 "(7) Contract with the Department of Human Resources, 9-36 Department of Public Health, or other agencies for 9-37 assistance in the performance of its functions and the 9-38 exercise of its powers and for supplying services which 9-39 are within its purview to perform, provided that such 9-40 contracts and amendments thereto shall have first been 9-41 approved by the department. In entering into any H. B. No. 528 (SUB) -9- (Index) HB 528/CSFA 10- 1 contracts to perform its functions and to exercise its 10- 2 powers, and for supplying services which are within its 10- 3 purview to perform, any county board of health or any 10- 4 health district created under the authority of Code 10- 5 Section 31-3-15 shall be considered an agency and such 10- 6 agency shall have the authority to contract with any 10- 7 other county board of health; combination of county 10- 8 boards of health; any other health district; public or 10- 9 private hospitals; hospital authorities; medical 10-10 schools; training and educational institutions; 10-11 departments and agencies of the state; county or 10-12 municipal governments; persons, partnerships, 10-13 corporations, and associations, public or private; the 10-14 United States government or the government of any other 10-15 state; or any other legal entity; and". SECTION 8. 10-16 Chapter 4 of said title, creating the Council on Maternal 10-17 and Infant Health, is amended by striking the undesignated 10-18 introductory paragraph of Code Section 31-4-2, setting forth 10-19 the duties of the council, and inserting in its place the 10-20 following: 10-21 "The council shall serve in an advisory capacity to the 10-22 Board of Human Resources Public Health, the Department of 10-23 Human Resources Public Health, and any other state agency 10-24 in all matters relating to maternal health, 10-25 particularly:". SECTION 9. 10-26 Chapter 5 of said title, relating to administration and 10-27 enforcement, is amended by striking Code Section 31-5-1, 10-28 relating to adoption of rules, and inserting in its place 10-29 the following: 10-30 "31-5-1. (Index) 10-31 All rules and regulations of the Department of Human 10-32 Resources Public Health and any county board of health 10-33 shall be adopted after due notice to and hearing by 10-34 persons and parties affected thereby; and such rules and 10-35 regulations shall be maintained in a book kept for that 10-36 purpose, orderly arranged and indexed and subject to 10-37 inspection by the public during regular business hours. 10-38 The agency adopting such rules and regulations shall make 10-39 copies thereof available for distribution to persons 10-40 interested in or affected thereby. Such agencies are also H. B. No. 528 (SUB) -10- (Index) HB 528/CSFA 11- 1 authorized to provide for the mimeographing, printing, or 11- 2 other reproduction of their regulations and the 11- 3 distribution thereof. No rule or regulation shall become 11- 4 effective as law until 30 days after its adoption, except 11- 5 in cases of emergencies constituting an imminent threat to 11- 6 the public, in which event such rules or regulations shall 11- 7 become effective upon adoption; but, in all such cases, 11- 8 the agency adopting same shall as a part thereof state the 11- 9 conditions found by it to justify such immediate 11-10 effectiveness. Where deemed desirable by the agency, 11-11 hearing and notice as provided in Code Section 31-5-2 may 11-12 be conducted by it prior to adoption of any rule or 11-13 regulation." SECTION 10. 11-14 Said chapter is further amended by striking subsection (a) 11-15 of Code Section 31-5-9, relating to injunctions, and 11-16 inserting in its place the following: 11-17 "(a) The Department of Human Resources Public Health and 11-18 all county boards of health are empowered to institute 11-19 appropriate proceedings for injunction in the courts of 11-20 competent jurisdiction in this state for the purpose of 11-21 enjoining a violation of any provision of this title as 11-22 now existing or as may be hereafter amended or of any 11-23 regulation or order duly issued by the department or any 11-24 county board of health, provided that this Code section 11-25 shall not apply to violations of the provisions of Chapter 11-26 20 of this title. The department and the county boards of 11-27 health are also empowered to maintain action for 11-28 injunction to abate any public nuisance which is injurious 11-29 to the public health, safety, or comfort. Such actions 11-30 may be maintained notwithstanding the fact that such 11-31 violation also constitutes a crime and notwithstanding 11-32 that other adequate remedies at law exist. Such actions 11-33 may be instituted in the name of the department or any 11-34 county board, as the case may be, in the county in which a 11-35 violation of any provision of this title occurs. For 11-36 purposes of this Code section, the county boards of health 11-37 are declared to be legal entities capable of maintaining 11-38 actions in their respective names without naming the 11-39 individuals constituting such board, or acting on behalf 11-40 of the department, as the case may be." H. B. No. 528 (SUB) -11- (Index) HB 528/CSFA SECTION 11. 12- 1 Said chapter is further amended by striking Code Section 12- 2 31-5-20, relating to a definition regarding warrants, and 12- 3 inserting in its place the following: 12- 4 "31-5-20. (Index) 12- 5 As used in this chapter, the term 'inspection warrant' 12- 6 means a warrant authorizing a search or inspection of 12- 7 private property where such a search or inspection is one 12- 8 that is necessary for the enforcement of any of the 12- 9 provisions of laws authorizing licensure, inspection, or 12-10 regulation by the Department of Human Resources Public 12-11 Health or a local agency thereof." SECTION 12. 12-12 Said chapter is further amended by striking Code Section 12-13 31-5-21, relating to inspection warrants, and inserting in 12-14 its place the following: 12-15 "31-5-21. (Index) 12-16 The commissioner or his or her delegate or the director of 12-17 any county board of health, in addition to other 12-18 procedures now or hereafter provided, may obtain an 12-19 inspection warrant under the conditions specified in this 12-20 chapter. Such warrant shall authorize the commissioner or 12-21 the director of any county board of health, or the agents 12-22 of either, or the Department of Agriculture, as 12-23 appropriate, to conduct a search or inspection of 12-24 property, either with or without the consent of the person 12-25 whose property is to be searched or inspected, if such 12-26 search or inspection is one that is elsewhere authorized 12-27 under the rules and regulations duly promulgated under 12-28 this title or any provision of law which authorizes 12-29 licensure, inspection, or regulation by the Department of 12-30 Human Resources Public Health or a local agency thereof, 12-31 provided that only the Commissioner of Agriculture shall 12-32 have the authority to obtain an inspection warrant in 12-33 connection with matters arising under Chapter 25 of this 12-34 title." SECTION 13. 12-35 Chapter 6 of said title, relating to state health planning 12-36 and development, is amended by striking paragraphs (3) and 12-37 (16.1) of Code Section 31-6-2, relating to definitions, and 12-38 inserting in their respective places the following: H. B. No. 528 (SUB) -12- (Index) HB 528/CSFA 13- 1 "(3) 'Bed capacity' means space used exclusively for 13- 2 inpatient care, including space designed or remodeled 13- 3 for inpatient beds even though temporarily not used for 13- 4 such purposes. The number of beds to be counted in any 13- 5 patient room shall be the maximum number for which 13- 6 adequate square footage is provided as established by 13- 7 rules of the Department of Human Resources Public 13- 8 Health, except that single beds in single rooms shall be 13- 9 counted even if the room contains inadequate square 13-10 footage." 13-11 "(16.1) 'Operating room environment' means an 13-12 environment which meets the minimum physical plant and 13-13 operational standards specified on January 1, 1991, for 13-14 ambulatory surgical treatment centers in Section 13-15 290-5-33-.10 of the rules of the Department of Human 13-16 Resources Public Health." SECTION 14. 13-17 Said chapter is further amended by striking subsection (i) 13-18 of Code Section 31-6-20, relating to the Health Strategies 13-19 Council generally, and inserting in its place the following: 13-20 "(i) The council shall involve and coordinate functions 13-21 with such state entities as necessary to ensure the 13-22 coordination of state health policies and programs, 13-23 including but not limited to the State Health Planning 13-24 Agency, the Department of Medical Assistance, the 13-25 Department of Human Resources, the Department of Public 13-26 Health, the Office of the Commissioner of Insurance, the 13-27 Office of Planning and Budget, the House Health and 13-28 Ecology Committee, the House Insurance Committee, the 13-29 Senate Health and Human Services Committee, the Senate 13-30 Insurance and Labor Committee, the board of regents, the 13-31 Department of Education, and the Department of Community 13-32 Affairs." SECTION 15. 13-33 Said chapter is further amended by striking subsection (a) 13-34 of Code Section 31-6-21, relating to the Health Planning 13-35 Agency generally, and inserting in its place the following: 13-36 "(a) There is created the Health Planning Agency which is 13-37 authorized to administer the certificate of need program 13-38 established under this chapter and, within the 13-39 appropriations made available to the planning agency by 13-40 the General Assembly of Georgia and consistently with the H. B. No. 528 (SUB) -13- (Index) HB 528/CSFA 14- 1 laws of the State of Georgia, a state health plan adopted 14- 2 by the Health Strategies Council and approved by the 14- 3 Governor. The planning agency shall provide, by rule, for 14- 4 its own organization and procedures to administer its 14- 5 functions and shall be attached to the Department of Human 14- 6 Resources Public Health for administrative purposes only, 14- 7 as set forth in Code Section 50-4-3." SECTION 16. 14- 8 Said chapter is further amended by striking paragraph (11) 14- 9 of subsection (a) of Code Section 31-6-47, relating to 14-10 exemptions from chapter, and inserting in its place the 14-11 following: 14-12 "(11) Capital expenditures otherwise covered by this 14-13 chapter required solely to eliminate or prevent safety 14-14 hazards as defined by federal, state, or local fire, 14-15 building, environmental, occupational health, or life 14-16 safety codes or regulations, to comply with licensing 14-17 requirements of the Department of Human Resources Public 14-18 Health, or to comply with accreditation standards of the 14-19 Joint Commission on Accreditation of Hospitals;". SECTION 17. 14-20 Chapter 7 of said title, relating to health care facilities, 14-21 is amended by striking subparagraph (F) of paragraph (1) of 14-22 Code Section 31-7-1, relating to definitions, and inserting 14-23 in its place the following subparagraphs: 14-24 "(F) Any building or facility where human births occur 14-25 on a regular and ongoing basis and which is classified 14-26 by the Department of Human Resources Public Health as 14-27 a birthing center; or 14-28 (F.1) Any place in which any person, society, agency, 14-29 corporation, or facility receives, treats, or cares 14-30 for, within any six-month period, more than one 14-31 pregnant woman whose child is to be born out of 14-32 wedlock, either before, during, or within two weeks 14-33 after childbirth. This shall not include women who 14-34 receive maternity care in the home of a relative or in 14-35 general or special hospitals, licensed according to 14-36 law, in which maternity treatment and care is part of 14-37 the medical services performed and the care of 14-38 children is only brief and incidental; or" H. B. No. 528 (SUB) -14- (Index) HB 528/CSFA SECTION 18. 15- 1 Said chapter is further amended by striking Code Section 15- 2 31-7-29, relating to protection of rights and interests of 15- 3 bondholders, and inserting in its place the following: 15- 4 "31-7-29. (Index) 15- 5 While any of the bonds issued by the authority remain 15- 6 outstanding, the powers, duties, or existence of the 15- 7 authority or of its officers, employees, or agents or 15- 8 those of the Department of Human Resources Public Health 15- 9 or of any other state agency or department shall not be 15-10 diminished or impaired in any manner that will affect 15-11 adversely the interests and rights of the holders of such 15-12 bonds; and no other entity, department, agency, or 15-13 authority will be created which will compete with the 15-14 authority to such an extent as to affect adversely the 15-15 interests and rights of the holders of such bonds; nor 15-16 will the state itself so compete with the authority. This 15-17 article shall be for the benefit of the state, the 15-18 authority, and the holders of any such bonds and, upon the 15-19 issuance of bonds under the provisions hereof, shall 15-20 constitute a contract with the holders of such bonds." SECTION 19. 15-21 Said chapter is further amended by striking the first 15-22 undesignated paragraph of subsection (a) of Code Section 15-23 31-7-35, relating to fees, rentals, charges for use of 15-24 projects; sinking fund for other revenues and earnings; and 15-25 rules and regulations for operation of projects, and 15-26 inserting in its place the following: 15-27 "The rentals contracted to be paid by the Department of 15-28 Human Resources Public Health or other contracting or 15-29 leasing department, agency, or institution of the state to 15-30 the authority under leases entered upon pursuant to this 15-31 article shall constitute obligations of the state for the 15-32 payment of which the good faith of the state is pledged. 15-33 Such rentals shall be paid as provided in the lease 15-34 contracts from funds appropriated for such purposes by the 15-35 terms of the Constitution of Georgia. It shall be the 15-36 duty of the Department of Human Resources Public Health or 15-37 other contracting or leasing department, agency, or 15-38 institution of the state to see to the punctual payment of 15-39 all such rentals." H. B. No. 528 (SUB) -15- (Index) HB 528/CSFA SECTION 20. 16- 1 Said chapter is further amended by striking Code Section 16- 2 31-7-94, relating to grants to hospital authorities, and 16- 3 inserting in its place the following: 16- 4 "31-7-94. (Index) 16- 5 The state is authorized to make grants, as funds are 16- 6 available, to hospital authorities for public health 16- 7 purposes, provided that any funds so granted shall be 16- 8 distributed to and among the various public hospital 16- 9 authorities in the state in proportion to the number of 16-10 hospital beds operated by each such hospital authority at 16-11 the end of the calendar year preceding the grant. Funds 16-12 shall be distributed to public hospitals operated by 16-13 consolidated governments in the same manner as to 16-14 authority hospitals prescribed in this Code section. 16-15 Grants made by the state pursuant to this Code section 16-16 shall be administered by the Department of Human Resources 16-17 Public Health in accordance with such rules, regulations, 16-18 and procedures as it shall deem necessary for effective 16-19 administration of such grants." SECTION 21. 16-20 Said chapter is further amended by striking paragraph (1) of 16-21 subsection (a) of Code Section 31-7-95, relating to funding 16-22 of medical education provided by hospital authorities and 16-23 designated teaching hospitals, and inserting in its place 16-24 the following: 16-25 "(1) 'Designated teaching hospital' means a teaching 16-26 hospital operated by other than a hospital authority, 16-27 which hospital agrees to contract with the state to 16-28 offer or continue to offer a residency program approved 16-29 by the American Medical Association, which program has 16-30 at least 50 residents and which hospital operates a 24 16-31 hour, seven-day-per-week emergency room open to the 16-32 public and which hospital files a semiannual statistical 16-33 report consistent with those filed by other state funded 16-34 tertiary, neonatal, obstetrical centers with the Family 16-35 Health Section of the Department of Human Resources 16-36 Public Health." SECTION 22. 16-37 Said chapter is further amended by striking paragraph (2) of 16-38 Code Section 31-7-172, relating to hospice care definitions, 16-39 and inserting in its place the following: H. B. No. 528 (SUB) -16- (Index) HB 528/CSFA 17- 1 "(2) 'Department' means the Department of Human 17- 2 Resources Public Health." SECTION 23. 17- 3 Said chapter is further amended by striking subsection (a) 17- 4 of Code Section 31-7-175, relating to administration of 17- 5 hospice care, and inserting in its place the following: 17- 6 "(a) The administration of this article is vested in the 17- 7 Department of Human Resources Public Health which shall: 17- 8 (1) Prepare and furnish all forms necessary under the 17- 9 provisions of this article in relation to the 17-10 application for licensure or renewals thereof; 17-11 (2) After consultation with appropriate public interest 17-12 groups, adopt rules within the standards of this article 17-13 necessary to effect the purposes of this article; and 17-14 (3) Establish rules and regulations for the licensure of 17-15 hospices." SECTION 24. 17-16 Said chapter is further amended by striking Code Section 17-17 31-7-176.1, relating to determination or pronouncement of 17-18 death, and inserting in its place the following: 17-19 "31-7-176.1. (Index) 17-20 When a patient who is terminally ill or whose death is 17-21 anticipated and who is receiving hospice care from a 17-22 licensed hospice dies, a registered professional nurse 17-23 licensed in this state and employed by such hospice at the 17-24 time of apparent death of such person, in the absence of 17-25 an attending physician, may make the determination and 17-26 pronouncement of the death of said patient; provided, 17-27 however, that, when a hospice patient is a registered 17-28 organ donor, only a physician may make the determination 17-29 or pronouncement of death. Such determination or 17-30 pronouncement shall be made in writing on a form approved 17-31 by the commissioner of human resources public health." SECTION 25. 17-32 Said chapter is further amended by striking paragraph (2) of 17-33 Code Section 31-7-300, relating to definitions regarding 17-34 private home care providers, and inserting in its place the 17-35 following: H. B. No. 528 (SUB) -17- (Index) HB 528/CSFA 18- 1 "(2) 'Department' means the Department of Human 18- 2 Resources Public Health." SECTION 26. 18- 3 Said chapter is further amended by striking Code Section 18- 4 31-7-304, relating to fees regarding private home care 18- 5 providers, and inserting in its place the following: 18- 6 "31-7-304. (Index) 18- 7 The department is authorized to charge an application fee, 18- 8 a license fee, a license renewal fee, or a similar fee and 18- 9 the amount of such fees shall be established by the Board 18-10 of Human Resources Public Health. Each fee so established 18-11 shall be reasonable and shall be determined in such a 18-12 manner that the total of the fees charged shall 18-13 approximate the total of the direct and the indirect costs 18-14 to the state of the operation of the licensing program. 18-15 Fees may be refunded for good cause as determined by the 18-16 department." SECTION 27. 18-17 Chapter 8 of said title, relating to the care and protection 18-18 of indigent and elderly patients, is amended by striking 18-19 Code Section 31-8-1, establishing the program for hospital 18-20 care for the indigent, and inserting in its place the 18-21 following: 18-22 "31-8-1. (Index) 18-23 In order to promote and preserve the health of the people 18-24 of this state, there is established a Hospital Care for 18-25 the Indigent Program to be administered by the Department 18-26 of Human Resources Public Health. The purpose of this 18-27 program is to assist counties in the purchase of hospital 18-28 care for persons who are ill or injured and who can be 18-29 helped by treatment in a hospital but are financially 18-30 unable to meet the full cost of hospital care from their 18-31 own resources or from the resources of those upon whom 18-32 they are legally dependent. The purchase of such hospital 18-33 care shall be limited to the nonprofit basic cost of 18-34 hospital care needed for the treatment of the ill or 18-35 injured, as deemed necessary and ordered by the physician 18-36 in charge of the case in accordance with this article and 18-37 the rules, regulations, and standards adopted and 18-38 promulgated pursuant to this article." H. B. No. 528 (SUB) -18- (Index) HB 528/CSFA SECTION 28. 19- 1 Said chapter is further amended by striking subsection (a) 19- 2 of Code Section 31-8-32, relating to determinations of 19- 3 indigency, and inserting in its place the following: 19- 4 "(a) The commissioner of human resources public health 19- 5 shall adopt state-wide standards to determine indigency 19- 6 for the purposes of this article. To the extent 19- 7 practicable, such standards shall be based on similar 19- 8 standards adopted for the purpose of determining the 19- 9 ability to pay of patients receiving services in state 19-10 hospitals as authorized by state law, as now or hereafter 19-11 enacted, governing responsibility for payment of cost of 19-12 care for health care services rendered by state 19-13 hospitals." SECTION 29. 19-14 Said chapter is further amended by striking subsection (a) 19-15 of Code Section 31-8-36, relating to state appropriations 19-16 for indigent health care, and inserting in its place the 19-17 following: 19-18 "(a) For each fiscal year, beginning with the 1980-81 19-19 fiscal year, the commissioner shall make a request for 19-20 appropriation of the amount determined under Code Section 19-21 31-8-34 as the state-wide cost of care for nonresident 19-22 indigent patients in the budget of the Department of Human 19-23 Resources Public Health under the category: 'Nonresident 19-24 Indigent Health Care Fund.' The budget shall cite this 19-25 article as the authority for such request and shall make 19-26 such additional explanation of the request as the 19-27 commissioner deems appropriate." SECTION 30. 19-28 Said chapter is further amended by striking subsection (a) 19-29 of Code Section 31-8-43, relating to determination of 19-30 indigency, and inserting in its place the following: 19-31 "(a) The commissioner of human resources public health 19-32 shall adopt state-wide standards to determine indigency 19-33 for the purposes of this article, which standards shall be 19-34 based upon and consistent with 125 percent of the federal 19-35 poverty level as it exists on May 1, 1985. These 19-36 standards shall further provide for legal liability, based 19-37 upon ability to pay some reasonable percentage of cost of 19-38 care, for patients and other persons legally liable for 19-39 the patients' cost of care if those patients or other H. B. No. 528 (SUB) -19- (Index) HB 528/CSFA 20- 1 persons do not meet the indigency standards based upon 20- 2 less than 100 percent of the federal poverty level but do 20- 3 meet those standards based upon between 100 and 125 20- 4 percent of the federal poverty level, as such level exists 20- 5 on May 1, 1985." SECTION 31. 20- 6 Said chapter is further amended by striking subsections (c) 20- 7 and (d) of Code Section 31-8-46, relating to investigations, 20- 8 and inserting in their respective places the following: 20- 9 "(c) Any hospital held to be in violation of Code Section 20-10 31-8-42 more than three times within any 12 month period 20-11 shall be subject to suspension or revocation of license by 20-12 the Department of Human Resources Public Health. 20-13 (d) The Department of Human Resources Public Health is 20-14 authorized and directed to promulgate appropriate rules 20-15 and regulations for the enforcement of this article." SECTION 32. 20-16 Said chapter is further amended by striking paragraph (2) of 20-17 Code Section 31-8-51, relating to definitions regarding the 20-18 long-term care ombudsman program, and inserting in its place 20-19 the following: 20-20 "(2) 'Long-term care facility' means any skilled nursing 20-21 home, intermediate care home, or personal care home now 20-22 or hereafter subject to regulation and licensure by the 20-23 department Department of Public Health." SECTION 33. 20-24 Said chapter is further amended by striking Code Section 20-25 31-8-59, relating to notices regarding the long-term care 20-26 ombudsman program, and inserting in its place the following: 20-27 "31-8-59. (Index) 20-28 The state ombudsman shall prepare and distribute to each 20-29 long-term care facility in the state a written notice 20-30 describing the long-term care ombudsman program and the 20-31 procedure to follow in making a complaint, including the 20-32 address and telephone number of the state ombudsman and 20-33 community ombudsman, if any. The administrator shall give 20-34 the written notice required by this Code section to each 20-35 resident and his legally appointed guardian, if any, upon 20-36 admission. The administrator shall also post such written 20-37 notice in conspicuous public places in the facility in H. B. No. 528 (SUB) -20- (Index) HB 528/CSFA 21- 1 accordance with procedures provided by the state ombudsman 21- 2 and shall give such notice to any resident and his legally 21- 3 appointed guardian, if any, who did not receive it upon 21- 4 admission. The failure to provide the notices required by 21- 5 this Code section shall be a ground upon which the 21- 6 department Department of Public Health may revoke any 21- 7 permit issued to a long-term care facility under Code 21- 8 Section 31-7-1." SECTION 34. 21- 9 Said chapter is further amended by striking Code Section 21-10 31-8-63, relating to rules and regulations regarding the 21-11 long-term care ombudsman program, and inserting in its place 21-12 the following: 21-13 "31-8-63. (Index) 21-14 The department Department of Human Resources is authorized 21-15 to adopt and promulgate rules and regulations to implement 21-16 this article." SECTION 35. 21-17 Said chapter is further amended by striking paragraph (3) of 21-18 Code Section 31-8-81, relating to definitions regarding 21-19 reporting abuse or exploitation of residents in long-term 21-20 care facilities, and inserting in its place the following: 21-21 "(3) 'Long-term care facility' or 'facility' means any 21-22 skilled nursing home, intermediate care home, or 21-23 personal care home now or hereafter subject to 21-24 regulation and licensure by the department Department of 21-25 Public Health." SECTION 36. 21-26 Said chapter is further amended by striking subsection (a) 21-27 of Code Section 31-8-82, relating to the reporting of abuse 21-28 or exploitation, and inserting in its place the following: 21-29 "(a) Any: 21-30 (1) Administrator, manager, physician, nurse, nurse's 21-31 aide, orderly, or other employee in a hospital or 21-32 facility; 21-33 (2) Medical examiner, dentist, osteopath, optometrist, 21-34 chiropractor, podiatrist, social worker, coroner, 21-35 clergyman, police officer, pharmacist, physical 21-36 therapist, or psychologist; or H. B. No. 528 (SUB) -21- (Index) HB 528/CSFA 22- 1 (3) Employee of a public or private agency engaged in 22- 2 professional services to residents or responsible for 22- 3 inspection of long-term care facilities 22- 4 who has knowledge that any resident or former resident has 22- 5 been abused or exploited while residing in a long-term 22- 6 care facility shall immediately make a report as described 22- 7 in subsection (c) of this Code section by telephone or in 22- 8 person to the department. In the event that an immediate 22- 9 report to the department is not possible, the person shall 22-10 make the report to the appropriate law enforcement agency. 22-11 Such person shall also make a written report to the 22-12 Department of Human Resources Public Health within 24 22-13 hours after making the initial report." SECTION 37. 22-14 Said chapter is further amended by striking paragraph (3) of 22-15 Code Section 31-8-102, relating to definitions regarding 22-16 bill of rights for residents of long-term care facilities, 22-17 and inserting in its place the following: 22-18 "(3) 'Long-term care facility' or 'facility' means any 22-19 intermediate care home, skilled nursing home, or 22-20 intermingled home subject to regulation and licensure by 22-21 the department Department of Public Health." SECTION 38. 22-22 Said chapter is further amended by striking Code Section 22-23 31-8-104, relating to explanation of rights for residents of 22-24 long-term care facilities, and inserting in its place the 22-25 following: 22-26 "31-8-104. (Index) 22-27 Each resident and his guardian or representative, if the 22-28 resident does not have a guardian, shall be given by the 22-29 facility a written and oral explanation of the rights, 22-30 grievance procedures, and enforcement provisions provided 22-31 for by this article before or at the time of admission to 22-32 a long-term care facility. Written acknowledgment of the 22-33 receipt of such explanation by the resident and his 22-34 guardian or representative shall be made a part of the 22-35 resident's file. In addition, each facility shall post 22-36 written notices of such rights in conspicuous locations in 22-37 the facility. Such written notices shall be prepared by 22-38 the department Department of Public Health. The notices 22-39 shall be prepared in type and format which is easily 22-40 readable by residents and shall describe residents' H. B. No. 528 (SUB) -22- (Index) HB 528/CSFA 23- 1 rights, grievance procedures, and enforcement provisions 23- 2 provided for by this article." SECTION 39. 23- 3 Said chapter is further amended by striking subsection (g) 23- 4 of Code Section 31-8-116, relating to involuntary transfer 23- 5 of residents discharged from facility, and inserting in its 23- 6 place the following: 23- 7 "(g) Each resident shall be discharged from a facility 23- 8 after the resident or guardian gives the administrator or 23- 9 person in charge of the facility notice of the resident's 23-10 desire to be discharged and the date of the expected 23-11 departure. Where the resident appears to be incapable of 23-12 living independently of the facility, the facility shall 23-13 notify the county department of family and children 23-14 services in order to obtain social or protective 23-15 assistance for the resident immediately. The notice of the 23-16 discharge by the resident or guardian, the expected and 23-17 actual date thereof, and notice to the county department, 23-18 where required, shall be documented in the resident's 23-19 records. Upon such discharge and, if required, notice to 23-20 the department, the facility is relieved from any further 23-21 responsibility for the resident's care, safety, or 23-22 well-being." SECTION 40. 23-23 Said chapter is further amended by striking subsection (f) 23-24 of Code Section 31-8-124, relating to grievances, and 23-25 inserting in its place the following: 23-26 "(f) The facility shall maintain a central file of 23-27 documents pertaining to grievances, such file to be 23-28 confidential, except that any resident, guardian, or 23-29 representative may review any document pertaining to the 23-30 resident and all documents shall be available to the 23-31 department Department of Human Resources for inspection. 23-32 This subsection shall not apply to any documents protected 23-33 by the attorney-client privilege." SECTION 41. 23-34 Said chapter is further amended by striking subsections (a), 23-35 (b), (d), and (e) of Code Section 31-8-125, relating to 23-36 administrative hearings for violation of rights, and 23-37 inserting in their respective places the following: H. B. No. 528 (SUB) -23- (Index) HB 528/CSFA 24- 1 "(a) Any resident, guardian, or representative who 24- 2 believes his rights under Code Section 31-8-107, paragraph 24- 3 (3) of subsection (b) of Code Section 31-8-108, Code 24- 4 Section 31-8-109, paragraphs (3) and (4) of Code Section 24- 5 31-8-111, subsection (d) of Code Section 31-8-112, Code 24- 6 Section 31-8-116, Code Section 31-8-117, or Code Section 24- 7 31-8-120 have been violated or any complainant or facility 24- 8 dissatisfied with a decision of a referee shall have the 24- 9 right to request a hearing from the department pursuant to 24-10 Chapter 13 of Title 50, the 'Georgia Administrative 24-11 Procedure Act.' The department is authorized to hold such 24-12 hearings and, in the case of an appeal of a decision of a 24-13 referee, the department may hold such hearings by review 24-14 of the record. Department of Public Health. The 24-15 Department of Public Health shall then refer said request 24-16 to the Office of State Administrative Hearings which shall 24-17 conduct said hearing pursuant to Chapter 13 of Title 50, 24-18 the 'Georgia Administrative Procedure Act.' 24-19 (b) The hearing shall be conducted within 45 days of the 24-20 receipt by the department Office of State Administrative 24-21 Hearings of the request for a hearing. Except where the 24-22 state or community ombudsman has already been involved in 24-23 the matter at issue, the department Department of Public 24-24 Health may refer the complaint to the state or community 24-25 ombudsman for informal resolution pending the hearing." 24-26 "(d) The department Office of State Administrative 24-27 Hearings shall hold such hearings at the facility upon the 24-28 resident's request or as necessary due to the resident's 24-29 medical condition. Where residents of a facility allege a 24-30 common complaint, the department Office of State 24-31 Administrative Hearings may at the residents' request 24-32 schedule a single hearing. 24-33 (e) If the department finds no final administrative 24-34 decision does not find violations of this article, the 24-35 resident and facility will be so informed. If a violation 24-36 has occurred, the department Department of Public Health 24-37 shall order the facility to correct such violation; and, 24-38 upon failure to correct such violation within a reasonable 24-39 time, the department Department of Public Health may 24-40 impose appropriate civil penalties as provided for in Code 24-41 Section 31-8-126." H. B. No. 528 (SUB) -24- (Index) HB 528/CSFA SECTION 42. 25- 1 Said chapter is further amended by striking subsections (b), 25- 2 (c), and (e) of Code Section 31-8-126, relating to cause of 25- 3 action against facility for violation of rights, and 25- 4 inserting in their respective places the following: 25- 5 "(b) In addition to other penalties or remedies that may 25- 6 be imposed by this article or other law, the department 25- 7 Department of Public health is authorized to impose civil 25- 8 penalties as follows: 25- 9 (1) If a violation has occurred, the department 25-10 Department of Public Health shall order the facility to 25-11 correct such violation. Upon failure to correct such 25-12 violation within a reasonable period of time, the 25-13 department Department of Public Health may order the 25-14 facility to discontinue admitting residents until such 25-15 violation is corrected; and 25-16 (2) In cases of violations repeated by a facility under 25-17 the same license within a 12 month period, the 25-18 department Department of Public Health shall be 25-19 authorized to assess a civil penalty not to exceed 25-20 $75.00 per violation for each day in which the violation 25-21 continues, except that the maximum civil penalty for 25-22 each violation shall not exceed $2,500.00. In imposing 25-23 such civil penalties the department Department of Public 25-24 Health shall consider all relevant factors including, 25-25 but not limited to: 25-26 (A) The amount of assessment necessary to ensure 25-27 immediate and continued compliance; 25-28 (B) The character and degree of impact of the 25-29 violation of the health, safety, and welfare of any 25-30 resident in the nursing home; 25-31 (C) The conduct of the person or facility against whom 25-32 the citation is issued in taking all feasible steps or 25-33 procedures necessary or appropriate to comply or to 25-34 correct the violations; and 25-35 (D) Any prior violations by the facility of statutes, 25-36 regulations, or orders administered, adopted, or 25-37 issued by the department Department of Public Health. 25-38 (c) Any such civil penalty shall be imposed by the 25-39 department Department of Public Health only after notice H. B. No. 528 (SUB) -25- (Index) HB 528/CSFA 26- 1 and hearing as provided in Article 1 of Chapter 5 of this 26- 2 title." 26- 3 "(e) All civil penalties recovered by the department 26- 4 Department of Public Health under this Code section shall 26- 5 be paid into the state treasury." SECTION 43. 26- 6 Said chapter is further amended by striking Code Section 26- 7 31-8-127, relating to rules and regulations regarding 26- 8 certain rights, and inserting in its place the following: 26- 9 "31-8-127. (Index) 26-10 The department Department of Public Health is authorized 26-11 to promulgate rules and regulations to implement this 26-12 article." SECTION 44. 26-13 Said chapter is further amended by striking Code Section 26-14 31-8-133, relating to residents' rights, and inserting in 26-15 its place the following: 26-16 "31-8-133. (Index) 26-17 Residents' rights shall include all rights enumerated in 26-18 the Rules of the Department of Human Resources Public 26-19 Health Chapter 290-5-35, including, but not limited to, 26-20 procedural protections relating to admission, transfer, or 26-21 discharge of residents." SECTION 45. 26-22 Said chapter is further amended by striking subsections (a), 26-23 (c), (e), and (f) of Code Section 31-8-135, relating to 26-24 hearing for personal care home residents, and inserting in 26-25 their respective places the following: 26-26 "(a) Any resident, the representative or legal surrogate 26-27 of the resident, if any, or the state or community 26-28 ombudsman, who believes the resident's rights have been 26-29 violated by a personal care home, its governing body, 26-30 administrator, or employee, shall have the right to 26-31 request a hearing from the department Department of Public 26-32 Health pursuant to Chapter 13 of Title 50, the 'Georgia 26-33 Administrative Procedure Act.'" 26-34 "(c)(1) Except as provided in paragraph (2) of this 26-35 subsection, the hearing provided for in subsection (a) 26-36 of this Code section shall be conducted within 45 days H. B. No. 528 (SUB) -26- (Index) HB 528/CSFA 27- 1 of the receipt by the department Office of State 27- 2 Administrative Hearings of the request for a hearing. 27- 3 Where the state or community ombudsman has not already 27- 4 been involved in the matter at issue, the department 27- 5 Department of Public Health may refer the request for a 27- 6 hearing to the state or community ombudsman for informal 27- 7 resolution pending the hearing. Such referral shall not 27- 8 extend the 45 day period in which the department Office 27- 9 of State Administrative Hearings shall conduct such 27-10 hearing. 27-11 (2) If a resident or a resident's legal surrogate or 27-12 representative, if any, alleges that an action or 27-13 failure to act by a personal care home or its governing 27-14 body, administrator, or employee is in retaliation for 27-15 the exercise by that resident or his or her 27-16 representative or legal surrogate, if any, of a right 27-17 conferred by state or federal law or court order, the 27-18 hearing provided for in subsection (a) of this Code 27-19 section shall be conducted within 15 days of the receipt 27-20 of the department Office of State Administrative 27-21 Hearings of the request for a hearing. For such 27-22 hearing, all pending requests for hearing by the 27-23 resident or his or her legal surrogate or 27-24 representative, if any, relating to such resident shall 27-25 be consolidated." 27-26 "(e) The department Office of State Administrative 27-27 Hearings shall hold any hearing provided for in subsection 27-28 (a) of this Code section at the personal care home upon 27-29 the resident's request or as necessary due to the 27-30 resident's physical condition. Where two or more 27-31 residents of a personal care home allege a common 27-32 complaint, the department Office of State Administrative 27-33 Hearings may at the residents' request schedule a single 27-34 hearing. 27-35 (f) If the department finds no final administrative 27-36 decision does not find violations of this article, the 27-37 resident and personal care home will be so informed. If a 27-38 violation has occurred: 27-39 (1) The hearing officer shall so notify the staff within 27-40 the department Department of Public Health responsible 27-41 for the licensure of personal care homes; H. B. No. 528 (SUB) -27- (Index) HB 528/CSFA 28- 1 (2) The department Department of Public Health shall 28- 2 order the personal care home to correct such violation; 28- 3 and 28- 4 (3) Upon failure of the personal care home to correct 28- 5 such violation within a reasonable time, the department 28- 6 Department of Public Health may impose appropriate civil 28- 7 penalties as provided for in Code Section 31-2-6." SECTION 46. 28- 8 Said chapter is further amended by striking subsections (a) 28- 9 and (d) of Code Section 31-8-136, relating to action for 28-10 damages for violation of rights of personal care home 28-11 residents, and inserting in their respective places the 28-12 following: 28-13 "(a) Any resident or the representative or legal surrogate 28-14 of the resident, if any, may bring an action in a court of 28-15 competent jurisdiction to recover actual and punitive 28-16 damages against a personal care home or its governing 28-17 body, administrator, or employee for any violation of the 28-18 rights of a resident granted under this article. Upon 28-19 referral and request by the department Department of 28-20 Public Health, the Attorney General may bring such an 28-21 action. Where a violation of a resident's rights has been 28-22 found, the resident shall be awarded the actual damages or 28-23 $1,000.00, whichever is greater, and may be awarded 28-24 punitive damages." 28-25 "(d) Any resident or the representative or legal surrogate 28-26 of the resident, if any, may bring an action to recover 28-27 damages for any action of a personal care home or its 28-28 governing body, administrator, or employee that adversely 28-29 affects the resident's rights, privileges, or living 28-30 arrangement in retaliation for that resident or his or her 28-31 representative or legal surrogate, if any, having 28-32 exercised a right conferred by state or federal law or 28-33 court order. Upon referral and request by the department 28-34 Department of Public Health, the Attorney General may 28-35 bring such an action. In any action brought under this 28-36 Code section alleging retaliation, there shall be a 28-37 presumption of retaliatory conduct, rebuttable by a 28-38 showing of clear and convincing evidence, if an owner, 28-39 licensee, administrator, or employee attempts to 28-40 discharge, transfer, or relocate a resident involuntarily 28-41 within six months after that resident or his or her 28-42 representative or legal surrogate, if any, files an action H. B. No. 528 (SUB) -28- (Index) HB 528/CSFA 29- 1 for relief under this Code section, exercises a right to a 29- 2 hearing under this article, or makes an oral or written 29- 3 grievance against the personal care home or its governing 29- 4 body, administrator, or employee to the personal care 29- 5 home, a state or community ombudsman, or a state 29- 6 government official or employee." SECTION 47. 29- 7 Said chapter is further amended by striking Code Section 29- 8 31-8-139, relating to mandamus regarding personal care 29- 9 homes, and inserting in its place the following: 29-10 "31-8-139. (Index) 29-11 A resident, the representative or legal surrogate of the 29-12 resident, if any, the community ombudsman, the governing 29-13 body of the personal care home, or any other interested 29-14 party may bring an action in court for mandamus pursuant 29-15 to Article 2 of Chapter 6 of Title 9 to order the 29-16 department Department of Public Health to comply with any 29-17 state or federal law relevant to the operation of a 29-18 personal care home or the care of its residents." SECTION 48. 29-19 Chapter 10 of said title, relating to vital records, is 29-20 amended by striking paragraphs (1) and (3) of Code Section 29-21 31-10-1, relating to definitions, and inserting in their 29-22 respective places new paragraphs to read as follows: 29-23 "(1) 'Commissioner' means the commissioner of human 29-24 resources public health." 29-25 "(3) 'Department' means the Department of Human 29-26 Resources Public Health." SECTION 49. 29-27 Chapter 11 of said title, relating to emergency medical 29-28 services, is amended by striking paragraph (4) of subsection 29-29 (a) of Code Section 31-11-1, relating to findings and 29-30 declaration of policy, and inserting in its place the 29-31 following: 29-32 "(4) That the administration of an emergency medical 29-33 systems communications program should be the 29-34 responsibility of the Department of Human Resources 29-35 Public Health, acting upon the recommendations of the 29-36 local entity which coordinates the program; all 29-37 ambulance services shall be a part of this system even H. B. No. 528 (SUB) -29- (Index) HB 528/CSFA 30- 1 if this system is the '911' emergency telephone 30- 2 number;". SECTION 50. 30- 3 Said chapter is further amended by striking paragraphs (3), 30- 4 (14), and (15) of subsection (a) of Code Section 31-11-2, 30- 5 relating to definitions, and inserting in their respective 30- 6 places the following: 30- 7 "(3) 'Ambulance provider' means an agency or company 30- 8 providing ambulance service which is operating under a 30- 9 valid license from the Emergency Health Section of the 30-10 Division of Public Health of the Department of Human 30-11 Resources Public Health." 30-12 "(14) 'License officer' means the commissioner of human 30-13 resources public health or his or her designee. 30-14 (15) 'Local coordinating entity' means the public or 30-15 nonprofit private entity designated by the Board of 30-16 Human Resources Public Health or its designee to 30-17 administer and coordinate the EMSC Program in a health 30-18 district established in accord with Code Section 30-19 31-3-15." SECTION 51. 30-20 Said chapter is further amended by striking subsection (a) 30-21 of Code Section 31-11-3, relating to local coordinating 30-22 entity recommendations, and inserting in its place the 30-23 following: 30-24 "(a) The Board of Human Resources Public Health shall have 30-25 the authority on behalf of the state to designate and 30-26 contract with a public or nonprofit local entity to 30-27 coordinate and administer the EMSC Program for each health 30-28 district designated by the Department of Human Resources 30-29 Public Health. The local coordinating entity thus 30-30 designated shall be responsible for recommending to the 30-31 board or its designee the manner in which the EMSC Program 30-32 is to be conducted. In making its recommendations, the 30-33 local coordinating entity shall give priority to making 30-34 the EMSC Program function as efficiently and economically 30-35 as possible. Each licensed ambulance provider in the 30-36 health district shall have the opportunity to participate 30-37 in the EMSC Program." H. B. No. 528 (SUB) -30- (Index) HB 528/CSFA SECTION 52. 31- 1 Said chapter is further amended by striking subsection (a) 31- 2 of Code Section 31-11-31.1, relating to license fee, and 31- 3 inserting in its place the following: 31- 4 "(a) Every ambulance service, whether privately operated 31- 5 or operated by any political subdivision of the state or 31- 6 any municipality, as a condition of maintaining a valid 31- 7 license shall pay an annual license fee to the license 31- 8 officer in an amount to be determined by the Board of 31- 9 Human Resources Public Health. The amount of said license 31-10 fee may be periodically revised by said board. Said 31-11 license fee shall become due and payable upon the initial 31-12 issuance of the license and each year thereafter on the 31-13 anniversary date of the initial license issuance." SECTION 53. 31-14 Said chapter is further amended by striking subsection (c) 31-15 of Code Section 31-11-36, relating to suspension or 31-16 revocation of license and appeal to superior court, and 31-17 inserting in its place the following: 31-18 "(c) Appeal to the superior court shall be by petition 31-19 which shall be filed in the clerk's office of such court 31-20 within 30 days after the final order or action of the 31-21 department; the petition shall set forth the names of the 31-22 parties taking the appeal, the order, rule, regulation, or 31-23 decision appealed from, and the reason it is claimed to be 31-24 erroneous. The enforcement of the order or action 31-25 appealed from shall be automatically stayed upon the 31-26 filing of such petition unless the commissioner of human 31-27 resources public health in his or her final order 31-28 certifies that his or her decision if stayed will harm the 31-29 public health and safety, in which case a reviewing court 31-30 may order a stay only if the court makes a finding that 31-31 the public health and safety will not be harmed by the 31-32 issuance of the stay. Upon the filing of such petition, 31-33 the petitioner shall serve on the commissioner a copy 31-34 thereof in the manner prescribed by law for the service of 31-35 process, unless such service of process is waived. The 31-36 appeal shall be an appeal de novo to the superior court 31-37 and the appealing party shall have a right to a jury trial 31-38 and all rights provided under Chapter 11 of Title 9, the 31-39 'Georgia Civil Practice Act.' The superior court shall 31-40 render a decision approving, setting aside, or modifying 31-41 the order or action appealed from." H. B. No. 528 (SUB) -31- (Index) HB 528/CSFA SECTION 54. 32- 1 Said chapter is further amended by striking subsection (a) 32- 2 of Code Section 31-11-50, relating to medical advisers, and 32- 3 inserting in its place the following: 32- 4 "(a) To enhance the provision of emergency medical care, 32- 5 each ambulance service shall be required to have a medical 32- 6 adviser. The adviser shall be a physician licensed to 32- 7 practice medicine in this state and subject to approval by 32- 8 the medical consultant of the Emergency Health Section of 32- 9 the Division of Physical Health of the Department of Human 32-10 Resources Public Health. Ambulance services unable to 32-11 obtain a medical adviser, due to unavailability or refusal 32-12 of physicians to act as medical advisers, may request the 32-13 district health director or his or her designee to act as 32-14 medical adviser until the services of a physician are 32-15 available." SECTION 55. 32-16 Chapter 12 of said title, relating to the control of 32-17 hazardous conditions, preventable diseases, and metabolic 32-18 disorders, is amended by striking Code Section 31-12-1, 32-19 relating to the power to conduct research and studies, and 32-20 inserting in its place the following: 32-21 "31-12-1. (Index) 32-22 The Department of Human Resources Public Health and county 32-23 boards of health are empowered to conduct studies, 32-24 research, and training appropriate to the prevention of 32-25 diseases and accidents, the use and control of toxic 32-26 materials, and the prevention of environmental conditions 32-27 which, if permitted to develop or continue, would likely 32-28 endanger the health of individuals or communities." SECTION 56. 32-29 Chapter 13 of said title, relating to radiation control, is 32-30 amended by striking paragraphs (3), (5), and (9.1) of Code 32-31 Section 31-13-3, relating to definitions, and inserting in 32-32 their respective places the following: 32-33 "(3) 'General license' means a license effective 32-34 pursuant to applicable rules and regulations promulgated 32-35 by the Department of Human Resources Public Health or 32-36 the Department of Natural Resources, without the filing 32-37 of an application, to transfer, acquire, own, possess, 32-38 or use quantities of by-product, source, or special H. B. No. 528 (SUB) -32- (Index) HB 528/CSFA 33- 1 nuclear materials, or other radioactive material 33- 2 occurring naturally or produced artificially or devices, 33- 3 radiation generating equipment, or equipment utilizing 33- 4 such materials." 33- 5 "(5) 'Permissible radiation exposure' means the maximum 33- 6 amount of radiation to which an individual may be 33- 7 exposed, as established in applicable standards adopted 33- 8 by the Department of Human Resources Public Health or 33- 9 the Department of Natural Resources." 33-10 "(9.1) 'Registration' means registration with either the 33-11 Department of Human Resources Public Health or the 33-12 Department of Natural Resources in accordance with 33-13 applicable rules and regulations adopted pursuant to 33-14 this chapter." SECTION 57. 33-15 Said chapter is further amended by striking Code Section 33-16 31-13-4, relating to administration of state-wide radiation 33-17 control program for radiation generating equipment, and 33-18 inserting in its place the following: 33-19 "31-13-4. (Index) 33-20 The Department of Human Resources Public Health is 33-21 designated the state agency to administer a state-wide 33-22 radiation control program for radiation generating 33-23 equipment consistent with this chapter and any 33-24 environmental laws, rules, regulations, standards, or 33-25 limitations administered by the Department of Natural 33-26 Resources. It is declared to be the intent of the General 33-27 Assembly that no provision of this chapter shall be 33-28 construed so as to repeal, supersede, or preempt any of 33-29 the functions, powers, authority, duties, or 33-30 responsibilities assigned to the Environmental Protection 33-31 Division of the Department of Natural Resources under this 33-32 chapter or any other laws or statutes of this state." SECTION 58. 33-33 Said chapter is further amended by striking Code Section 33-34 31-13-5, relating to powers and duties of Department of 33-35 Human Resources and Department of Natural Resources; 33-36 enforcement of chapter through inspection; and training 33-37 programs, and inserting in its place the following: H. B. No. 528 (SUB) -33- (Index) HB 528/CSFA 34- 1 "31-13-5. (Index) 34- 2 (a) For the protection of the public health and safety, 34- 3 the Department of Human Resources Public Health, with 34- 4 regard to radiation generating equipment, and the 34- 5 Department of Natural Resources, with regard to 34- 6 radioactive materials, are empowered to: 34- 7 (1) Develop comprehensive policies and programs for the 34- 8 evaluation, determination, and amelioration of hazards 34- 9 associated with the use of radiation. Such policies and 34-10 programs shall be developed with due regard for 34-11 compatibility with federal programs; 34-12 (2) Advise, consult, and cooperate with other public 34-13 agencies and with affected groups and industries; 34-14 (3) Encourage, participate in, or conduct studies, 34-15 investigations, public hearings, training, research, and 34-16 demonstrations relating to the control of sources of 34-17 radiation, the effect upon public health and safety of 34-18 exposure to radiation, and related problems; 34-19 (4) Adopt, promulgate, amend, and repeal such rules, 34-20 regulations, and standards which may provide for 34-21 licensing or registration relating to the distribution, 34-22 assembly, manufacture, production, transportation, use, 34-23 handling, storage, disposal, sale, lease, or other 34-24 disposition of radioactive material and radiation 34-25 generating equipment as may be necessary to carry out 34-26 this chapter, provided that prior to adoption of any 34-27 regulation or standard, or amendment or repeal thereof, 34-28 the Department of Human Resources Public Health or the 34-29 Department of Natural Resources, as is appropriate, 34-30 shall afford interested parties an opportunity, at a 34-31 public hearing conducted as provided in Article 1 of 34-32 Chapter 5 of this title, to submit data or views orally 34-33 or in writing. The recommendations of nationally 34-34 recognized bodies in the field of radiation protection 34-35 shall be taken into consideration when formulating 34-36 standards relative to the permissible dosage of 34-37 radiation; 34-38 (5) Issue, modify, or revoke orders, in connection with 34-39 proceedings under this chapter, prohibiting or abating 34-40 the discharge of radiation and radioactive material or 34-41 waste into the ground, air, or waters of the state, 34-42 except that the Department of Natural Resources shall 34-43 not prohibit discharges expressly permitted by the H. B. No. 528 (SUB) -34- (Index) HB 528/CSFA 35- 1 federal Nuclear Regulatory Commission or any successor 35- 2 agency; 35- 3 (6) Require the submission of plans, specifications, and 35- 4 reports for new construction and material alterations on 35- 5 (A) the design and protective shielding of installations 35- 6 for radioactive material and radiation generating 35- 7 equipment; and (B) systems for the disposal of 35- 8 radioactive waste materials and for the determination of 35- 9 any radiation hazard; and render opinions, approve, or 35-10 disapprove such plans and specifications; 35-11 (7) Require all sources of radiation to be shielded, 35-12 transported, handled, used, stored, or disposed of in 35-13 such a manner to provide compliance with this chapter 35-14 and rules, regulations, and standards adopted pursuant 35-15 to this chapter; 35-16 (8) Collect and disseminate information relating to the 35-17 control of sources of radiation, including but not 35-18 limited to (A) maintenance of a file of all license 35-19 applications, issuances, denials, amendments, transfers, 35-20 renewals, modifications, suspensions, and revocations; 35-21 and (B) maintenance of a file of registrants possessing 35-22 sources of radiation requiring registration under this 35-23 chapter, regulations promulgated pursuant to this 35-24 chapter, and any administrative or judicial action 35-25 pertaining thereto; 35-26 (9) Exempt certain sources of radiation or kinds of uses 35-27 or users from the licensing or registration requirements 35-28 set forth in this chapter when the Department of Human 35-29 Resources Public Health or the Department of Natural 35-30 Resources, as is applicable, determines that the 35-31 exemption of such sources of radiation or kinds of uses 35-32 or users will not constitute a significant risk to the 35-33 health and safety of the public; 35-34 (10) Adopt and promulgate rules and regulations pursuant 35-35 to this chapter which may provide for recognition of 35-36 other state and federal licenses as the Department of 35-37 Human Resources Public Health or the Department of 35-38 Natural Resources shall deem desirable, subject to such 35-39 registration requirements as may be prescribed by the 35-40 applicable department; and 35-41 (11) Exercise all incidental powers necessary to 35-42 administer this chapter. H. B. No. 528 (SUB) -35- (Index) HB 528/CSFA 36- 1 (b) The Department of Human Resources Public Health and 36- 2 the Department of Natural Resources are authorized to 36- 3 enter upon any public or private property at all 36- 4 reasonable times for the purpose of determining compliance 36- 5 with applicable provisions of this chapter and rules, 36- 6 regulations, and standards adopted pursuant to this 36- 7 chapter. 36- 8 (c) The Department of Human Resources Public Health and 36- 9 the Department of Natural Resources are authorized to 36-10 enter into appropriate agreements with the federal 36-11 government, other states, or interstate agencies, whereby 36-12 this state will perform, on a cooperative basis with the 36-13 federal government, other states, or interstate agencies, 36-14 inspections and other functions related to the control of 36-15 radiation. 36-16 (d) The Department of Human Resources Public Health and 36-17 the Department of Natural Resources are authorized to 36-18 institute appropriate training programs for the purpose of 36-19 qualifying personnel to administer applicable provisions 36-20 of this chapter and may make such personnel available for 36-21 participation in any programs of the federal government, 36-22 other states, or interstate agencies in furtherance of the 36-23 purposes of this chapter." SECTION 59. 36-24 Said chapter is further amended by striking Code Section 36-25 31-13-8.2, relating to licensing of diagnostic and 36-26 therapeutic medical uses of radioactive materials, and 36-27 inserting in its place the following: 36-28 "31-13-8.2. (Index) 36-29 The Department of Human Resources Public Health is 36-30 authorized to provide by rule or regulation for the 36-31 registration and periodic renewal of registration of 36-32 persons to sell, distribute, assemble, use, manufacture, 36-33 produce, transport, transfer, receive, acquire, own, or 36-34 possess radiation generating equipment. Such rule or 36-35 regulation shall provide for suspension or revocation of 36-36 registration. Each application for registration shall be 36-37 in writing on forms prescribed and furnished by the 36-38 Department of Human Resources Public Health and shall 36-39 state such information and be accompanied by such 36-40 documents, including, but not limited to, plans, 36-41 specifications, and reports for new construction or 36-42 material alterations, as the Department of Human Resources H. B. No. 528 (SUB) -36- (Index) HB 528/CSFA 37- 1 Public Health may determine to be reasonable and necessary 37- 2 to decide the qualifications of the applicant to protect 37- 3 the public health and safety. The Department of Human 37- 4 Resources Public Health may require any applications or 37- 5 statements to be made under oath or affirmation. No 37- 6 registration issued under the authority of this chapter 37- 7 and no right to possess or utilize radiation generating 37- 8 equipment granted by any registration shall be assigned or 37- 9 in any manner disposed of without prior notification to 37-10 the Department of Human Resources Public Health." SECTION 60. 37-11 Said chapter is further amended by striking Code Section 37-12 31-13-9, relating to records of use of radiation sources and 37-13 exposure of employees to radiation, and inserting in its 37-14 place the following: 37-15 "31-13-9. (Index) 37-16 (a) The Department of Human Resources Public Health and 37-17 the Department of Natural Resources are authorized to 37-18 require, in accordance with applicable provisions of this 37-19 chapter, each person who possesses or uses a source of 37-20 radiation (1) to maintain appropriate records relating to 37-21 its receipt, storage, use, transfer, or disposal and to 37-22 maintain such other records as the Department of Human 37-23 Resources Public Health or the Department of Natural 37-24 Resources, as is applicable, may require, subject to such 37-25 exemptions as may be provided by rules and regulations; 37-26 and (2) to maintain appropriate records showing the 37-27 radiation exposure of all individuals for whom personnel 37-28 monitoring may be required by the Department of Human 37-29 Resources Public Health or the Department of Natural 37-30 Resources, as is applicable, subject to such exemptions as 37-31 may be provided by rules and regulations. Copies of all 37-32 records required to be kept by this subsection shall be 37-33 submitted to the Department of Human Resources Public 37-34 Health or the Department of Natural Resources, as is 37-35 appropriate, or the duly authorized agents of such 37-36 department upon request. 37-37 (b) The Department of Human Resources Public Health and 37-38 the Department of Natural Resources are authorized to 37-39 require, in accordance with applicable provisions of this 37-40 chapter, any person possessing or using a source of 37-41 radiation to furnish, at the request of any employee for 37-42 whom personnel monitoring is required, a copy of such H. B. No. 528 (SUB) -37- (Index) HB 528/CSFA 38- 1 employee's personal exposure record annually, upon 38- 2 termination of employment, and at any time such employee 38- 3 has received excessive exposure." SECTION 61. 38- 4 Said chapter is further amended by striking Code Section 38- 5 31-13-10, relating to suspension, revocation, and amendment 38- 6 of license or registration; emergency orders; and review, 38- 7 and inserting in its place the following: 38- 8 "31-13-10. (Index) 38- 9 (a) The Department of Natural Resources may refuse to 38-10 grant a license as provided in Code Section 31-13-8 or 38-11 31-13-8.1 and the Department of Human Resources Public 38-12 Health may refuse to register radiation generating 38-13 equipment as provided in Code Section 31-13-8.2 to any 38-14 applicant who does not possess the applicable requirements 38-15 or qualifications which the Department of Natural 38-16 Resources or the Department of Human Resources Public 38-17 Health, as applicable, may prescribe in rules and 38-18 regulations. The Department of Natural Resources or the 38-19 Department of Human Resources Public Health may suspend, 38-20 revoke, or amend any license or registration, 38-21 respectively, in the event the person to whom such license 38-22 or registration was granted violates any of the rules and 38-23 regulations of the Department of Natural Resources or the 38-24 Department of Human Resources Public Health, whichever is 38-25 applicable, or ceases or fails to have the reasonable 38-26 facilities prescribed by the Department of Natural 38-27 Resources or the Department of Human Resources Public 38-28 Health, provided that, before any order is entered denying 38-29 an application for a license or registration or 38-30 suspending, revoking, or amending a license or 38-31 registration previously granted, the applicant or person 38-32 to whom such license or registration was granted shall be 38-33 given notice and granted a hearing as provided in Article 38-34 1 of Chapter 5 of this title. 38-35 (b) Whenever the Department of Natural Resources or the 38-36 Department of Human Resources Public Health finds that an 38-37 emergency exists involving any licensee or registrant 38-38 requiring immediate action to protect the public health 38-39 and safety, the Department of Natural Resources or the 38-40 Department of Human Resources Public Health, as is 38-41 appropriate, may, without notice or hearing, issue an 38-42 order reciting the existence of such emergency and H. B. No. 528 (SUB) -38- (Index) HB 528/CSFA 39- 1 requiring that such action be taken as is necessary to 39- 2 meet the emergency. Notwithstanding any provisions of 39- 3 this chapter, such order shall be effective immediately. 39- 4 Any person to whom such order is directed shall comply 39- 5 therewith immediately but on application to the Department 39- 6 of Natural Resources or the Department of Human Resources 39- 7 Public Health, as is appropriate, shall be afforded a 39- 8 hearing within ten days. On the basis of such hearing, 39- 9 the emergency order shall be continued, modified, or 39-10 revoked within 30 days after such hearing, as the 39-11 Department of Natural Resources or the Department of Human 39-12 Resources Public Health, as is appropriate, may deem 39-13 appropriate under the evidence. 39-14 (c) Any applicant or person to whom a license or 39-15 registration was granted who is aggrieved by any order of 39-16 the Department of Natural Resources or the Department of 39-17 Human Resources Public Health or the duly authorized agent 39-18 of such department denying any such application or 39-19 suspending, revoking, or amending such license or 39-20 registration may file a hearing request with the 39-21 appropriate agency to contest such action pursuant to 39-22 Chapter 13 of Title 50, the 'Georgia Administrative 39-23 Procedure Act.'" SECTION 62. 39-24 Said chapter is further amended by striking subsections (a) 39-25 and (b) of Code Section 31-13-11, relating to impounding and 39-26 condemnation of radiation generating equipment and 39-27 radioactive materials, and inserting in their respective 39-28 places the following: 39-29 "(a) In the event of an emergency, the Department of Human 39-30 Resources Public Health shall have the authority to 39-31 impound or order the impounding of radiation generating 39-32 equipment in the possession of any person who is not 39-33 equipped to observe or fails to observe the provisions of 39-34 this chapter or any rules or regulations issued pursuant 39-35 to this chapter. 39-36 (b) The Department of Human Resources Public Health may 39-37 release such radiation generating equipment to the owner 39-38 thereof upon terms and conditions in accordance with this 39-39 chapter and rules and regulations adopted pursuant to this 39-40 chapter or may bring an action in the appropriate superior 39-41 court for an order condemning such radiation generating 39-42 equipment and providing for its destruction or other H. B. No. 528 (SUB) -39- (Index) HB 528/CSFA 40- 1 disposition so as to protect the public health and 40- 2 safety." SECTION 63. 40- 3 Said chapter is further amended by striking Code Section 40- 4 31-13-12, relating to license required, and inserting in its 40- 5 place the following: 40- 6 "31-13-12. (Index) 40- 7 It shall be unlawful for any person to use, manufacture, 40- 8 assemble, distribute, produce, transport, receive, 40- 9 acquire, own, or possess any source of radiation required 40-10 to be licensed or registered under this chapter unless 40-11 licensed by or registered with the Department of Natural 40-12 Resources or the Department of Human Resources Public 40-13 Health, respectively, in accordance with this chapter and 40-14 rules and regulations adopted and promulgated pursuant to 40-15 this chapter." SECTION 64. 40-16 Said chapter is further amended by striking Code Section 40-17 31-13-13, relating to penalties, and inserting in its place 40-18 the following: 40-19 "31-13-13. (Index) 40-20 (a) Any person who violates the provisions of Code Section 40-21 31-13-7 or any rule or regulation promulgated pursuant to 40-22 such Code section, or who violates the provisions of Code 40-23 Section 31-13-12, or who hinders, obstructs, or otherwise 40-24 interferes with any representative of the Department of 40-25 Human Resources Public Health or the Department of Natural 40-26 Resources in the discharge of his or her official duties 40-27 in making inspections as provided in Code Section 31-13-5 40-28 or in impounding materials as provided in Code Section 40-29 31-13-11 shall be guilty of a misdemeanor. 40-30 (b)(1) Any person who: 40-31 (A) Violates any licensing or registration provision 40-32 of this chapter or any rule, regulation, or order 40-33 issued under this chapter or any term, condition, or 40-34 limitation of any license or registration certificate 40-35 under this chapter; or 40-36 (B) Commits any violation for which a license or 40-37 registration certificate may be revoked under rules or 40-38 regulations issued pursuant to this chapter H. B. No. 528 (SUB) -40- (Index) HB 528/CSFA 41- 1 may be subject to a civil penalty, to be imposed by the 41- 2 Department of Natural Resources or the Department of 41- 3 Human Resources Public Health, as is applicable, not to 41- 4 exceed $10,000.00. If any violation is a continuing 41- 5 one, each day of such violation shall constitute a 41- 6 separate violation for the purpose of computing the 41- 7 applicable civil penalty. 41- 8 (2) Whenever the Department of Human Resources Public 41- 9 Health proposes to subject a person to the imposition of 41-10 a civil penalty under this subsection, it shall notify 41-11 such person in writing: 41-12 (A) Setting forth the date, facts, and nature of each 41-13 act or omission with which the person is charged; 41-14 (B) Specifically identifying the particular provision 41-15 or provisions of the Code section, rule, regulation, 41-16 order, license, or registration certificate involved 41-17 in the violation; and 41-18 (C) Advising of each penalty which the Department of 41-19 Human Resources Public Health proposes to impose and 41-20 its amount. 41-21 Such written notice shall be sent by registered or 41-22 certified mail by the Department of Human Resources 41-23 Public Health to the last known address of such person. 41-24 The person so notified shall be granted an opportunity 41-25 to show in writing, within such reasonable period as the 41-26 Department of Human Resources Public Health shall by 41-27 rule or regulation prescribe, why such penalty should 41-28 not be imposed. The notice shall also advise such 41-29 person that, upon failure to pay the civil penalty, if 41-30 any, subsequently determined by the Department of Human 41-31 Resources Public Health, the penalty may be collected by 41-32 civil action. Any person upon whom a civil penalty is 41-33 imposed may contest such action in an administrative 41-34 hearing pursuant to Chapter 13 of Title 50, the 'Georgia 41-35 Administrative Procedure Act.' 41-36 (3) On the request of the Department of Human Resources 41-37 Public Health, the Attorney General is authorized to 41-38 institute a civil action to collect a penalty imposed 41-39 pursuant to this subsection. The Attorney General shall 41-40 have the exclusive power to compromise, mitigate, or 41-41 remit such civil penalties as are referred to him or her 41-42 for collection. H. B. No. 528 (SUB) -41- (Index) HB 528/CSFA 42- 1 (4) All moneys collected from civil penalties shall be 42- 2 paid to the state for deposit in the general fund." SECTION 65. 42- 3 Said chapter is further amended by striking Code Section 42- 4 31-13-23, relating to transfer of powers and duties between 42- 5 Department of Natural Resources and Department of Human 42- 6 Resources, and inserting in its place the following: 42- 7 "31-13-23. (Index) 42- 8 The Governor shall have the authority to transfer powers 42- 9 and duties enumerated in this chapter between the 42-10 Department of Natural Resources and the Department of 42-11 Human Resources Public Health as he or she deems 42-12 appropriate by executive order." SECTION 66. 42-13 Chapter 14 of said title, relating to hospitalization for 42-14 tuberculosis, is amended by striking Code Section 31-14-2, 42-15 relating to petition for commitment, and inserting in its 42-16 place the following: 42-17 "31-14-2. (Index) 42-18 When it is brought to the attention of any county board of 42-19 health or the Department of Human Resources Public Health 42-20 that any person known to have or suspected of having 42-21 contagious tuberculosis is violating the rules, 42-22 regulations, or orders promulgated by the department and 42-23 is thereby conducting himself so as to expose other 42-24 persons to danger of infection, after having been directed 42-25 by the county board of health or the department to comply 42-26 with such rules, regulations, or orders, the county board 42-27 of health or the department shall institute proceedings by 42-28 petition for commitment, returnable to the superior court 42-29 of the county wherein such person resides or, if such 42-30 person is a nonresident or has no fixed place of abode, in 42-31 the county wherein such person may be found. Strictness of 42-32 pleading shall not be required; a general allegation 42-33 stating that the public health requires commitment of the 42-34 person named therein and including the name of the disease 42-35 shall be sufficient." SECTION 67. 42-36 Chapter 15 of said title, relating to the care and treatment 42-37 of cancer patients, is amended by striking Code Section H. B. No. 528 (SUB) -42- (Index) HB 528/CSFA 43- 1 31-15-2, relating to establishment of the program, and 43- 2 inserting in its place the following: 43- 3 "31-15-2. (Index) 43- 4 The Department of Human Resources Public Health shall 43- 5 establish a program for prevention, control, and treatment 43- 6 of cancer which shall include the care of cancer patients 43- 7 who require lifesaving therapy but are unable to pay for 43- 8 such services." SECTION 68. 43- 9 Said chapter is further amended by striking Code Section 43-10 31-15-4, relating to the cancer control officer, and 43-11 inserting in its place the following: 43-12 "31-15-4. (Index) 43-13 The commissioner shall appoint a cancer control officer. 43-14 The cancer control officer shall be a physician licensed 43-15 to practice medicine under Chapter 34 of Title 43 and must 43-16 be knowledgeable in the field of medicine covered by this 43-17 chapter. He or she shall administer the cancer program 43-18 for the Division of Physical Health of the Department of 43-19 Human Resources Public Health in compliance with this 43-20 chapter. He or she shall be provided an office with 43-21 clerical and administrative assistance to carry out this 43-22 program." SECTION 69. 43-23 Said chapter is further amended by striking paragraph (3) of 43-24 Code Section 31-15-5, relating to the commissioner's duties, 43-25 and inserting in its place the following: 43-26 "(3) Extend financial aid to persons suffering from 43-27 cancer to enable them to obtain the medical, nursing, 43-28 pharmaceutical, and technical services necessary in 43-29 caring for such disease. Criteria and procedures for 43-30 financial aid will be developed by the Division of 43-31 Physical Health Department of Public Health in 43-32 accordance with the principle that pauperization of a 43-33 functional family unit will subvert the rehabilitative 43-34 purposes of this program and will be more costly to the 43-35 state in the long run;". SECTION 70. 43-36 Chapter 16 of said title, relating to the care and treatment 43-37 of chronic renal disease patients, is amended by striking H. B. No. 528 (SUB) -43- (Index) HB 528/CSFA 44- 1 Code Section 31-16-2, relating to establishment of the 44- 2 program, and inserting in its place the following: 44- 3 "31-16-2. (Index) 44- 4 The Department of Human Resources Public Health shall 44- 5 establish a program for the prevention, control, and 44- 6 treatment of kidney disease which shall include the care 44- 7 of patients suffering from chronic kidney failure who 44- 8 require lifesaving therapy but are unable to pay for such 44- 9 services on a continuing basis." 44-10 SECTION 70.1. 44-11 Said chapter is further amended by striking subsection (a) 44-12 of Code Section 31-16-3, relating to functions of the Kidney 44-13 Disease Advisory Committee, and inserting in its place the 44-14 following: 44-15 "(a) The commissioner of human resources public health 44-16 shall appoint a Kidney Disease Advisory Committee, 44-17 hereinafter referred to as KDAC, to advise the department 44-18 in the administration of this chapter. The KDAC shall 44-19 recommend priorities and relative budgets for the various 44-20 purposes of this chapter as described below." SECTION 71. 44-21 Chapter 17 of said title, relating to the control of 44-22 venereal disease, is amended by striking Code Section 44-23 31-17-2, relating to reports to health authorities, and 44-24 inserting in its place the following: 44-25 "31-17-2. (Index) 44-26 Any physician or other person who makes a diagnosis of or 44-27 treats a case of venereal disease and any superintendent 44-28 or manager of a hospital, dispensary, or charitable or 44-29 penal institution in which there is discovered a case of 44-30 venereal disease shall make report of such case to the 44-31 health authorities in such form and manner as the 44-32 Department of Human Resources Public Health shall direct." SECTION 72. 44-33 Said chapter is further amended by striking Code Section 44-34 31-17-3, relating to examination by health authorities, and 44-35 inserting in its place the following: H. B. No. 528 (SUB) -44- (Index) HB 528/CSFA 45- 1 "31-17-3. (Index) 45- 2 The authorized agent or agents of the Department of Human 45- 3 Resources Public Health and county boards of health are 45- 4 directed and empowered, when in their judgment it is 45- 5 necessary to protect the public health, to make 45- 6 examination of persons infected or suspected of being 45- 7 infected with venereal diseases disease; to require 45- 8 persons infected with venereal disease to report for 45- 9 treatment to a physician licensed to practice medicine 45-10 under Chapter 34 of Title 43 and to continue treatment 45-11 until cured, or to submit to treatment provided at public 45-12 expense; and to isolate persons infected or reasonably 45-13 suspected of being infected with venereal disease. Law 45-14 enforcement authorities of the jurisdiction wherein any 45-15 such person so infected or suspected of being infected is 45-16 located shall offer such assistance, including restraint 45-17 and arrest, as shall be necessary to assure examination 45-18 and treatment in accordance with this chapter." SECTION 73. 45-19 Chapter 17A of said title, relating to the control of HIV, 45-20 is amended by striking Code Section 31-17A-2, relating to 45-21 examination of infected persons, and inserting in its place 45-22 the following: 45-23 "31-17A-2. (Index) 45-24 The authorized agent or agents of the Department of Human 45-25 Resources Public Health are directed and empowered, when 45-26 in their judgment it is necessary to protect the public 45-27 health, to make examinations of persons infected or 45-28 suspected of being infected with HIV and to administer an 45-29 HIV test with the consent of the person being tested. In 45-30 the event the person infected or suspected of being 45-31 infected with HIV refuses to consent to the administration 45-32 of an HIV test, the authorized agent or agents of the 45-33 Department of Human Resources Public Health are authorized 45-34 to petition the court for an order authorizing the 45-35 administration of an HIV test pursuant to the procedure 45-36 set forth in Code Section 31-17A-3." SECTION 74. 45-37 Said chapter is further amended by striking subsection (a) 45-38 of Code Section 31-17A-3, relating to refusal to consent to 45-39 testing, and inserting in its place the following: H. B. No. 528 (SUB) -45- (Index) HB 528/CSFA 46- 1 "(a) If a person refuses to consent to an HIV test, as 46- 2 provided in Code Section 31-17A-2, the Department of Human 46- 3 Resources Public Health may file a civil complaint with 46- 4 the superior court of the county of the residence of the 46- 5 person refusing the test. The complaint shall allege with 46- 6 specificity the basis for the allegations which the 46- 7 department believes support the conclusion that the person 46- 8 is infected with HIV, as well as the scope, nature, and 46- 9 threat to the public health created thereby, and the 46-10 proposed plan to be adopted to protect the public health 46-11 in the event the court orders the administration of the 46-12 HIV test and the person is found to be an HIV infected 46-13 person. The person against whom the complaint is filed 46-14 shall be represented by counsel, and, in the event the 46-15 person against whom the complaint is filed cannot afford 46-16 counsel, counsel shall be appointed by the court." SECTION 75. 46-17 Chapter 18 of said title, relating to the treatment and 46-18 rehabilitation of spinal cord disabled and head-injured 46-19 persons, is amended by striking subsection (b) of Code 46-20 Section 31-18-4, relating to department duties regarding 46-21 spinal cord disabled and head-injured persons, and inserting 46-22 in its place the following: 46-23 "(b) The Division of Rehabilitation Services of the 46-24 Department of Human Resources shall maintain records of 46-25 reports, notifications, and referrals made under this 46-26 chapter. The Division of Rehabilitation Services shall 46-27 submit quarterly reports of its notifications and 46-28 referrals to the Division Department of Physical Public 46-29 Health." SECTION 76. 46-30 Chapter 20 of said title, relating to the performance of 46-31 sterilization procedures, is amended by striking paragraph 46-32 (1) of Code Section 31-20-1, relating to definitions, and 46-33 inserting in its place the following: 46-34 "(1) 'Accredited hospital' means a hospital licensed by 46-35 the Department of Human Resources Public Health and 46-36 accredited by the Joint Commission on the Accreditation 46-37 of Hospitals." SECTION 77. 46-38 Chapter 21 of said title, relating to dead bodies, is 46-39 amended by striking subsection (a) of Code Section 31-21-5, H. B. No. 528 (SUB) -46- (Index) HB 528/CSFA 47- 1 relating to incineration or cremation of dead body or parts 47- 2 thereof, and inserting in its place the following: 47- 3 "(a) It shall be unlawful for any person to incinerate or 47- 4 cremate a dead body or parts thereof; provided, however, 47- 5 that the provisions of this subsection shall not apply to 47- 6 a crematory licensed by the State Board of Funeral Service 47- 7 pursuant to Chapter 18 of Title 43 or to a hospital, 47- 8 clinic, laboratory, or other facility authorized by the 47- 9 Department of Human Resources Public Health and in a 47-10 manner approved by the commissioner of human resources 47-11 public health." SECTION 78. 47-12 Chapter 22 of said title, relating to clinical laboratories, 47-13 is amended by striking paragraph (1) of Code Section 47-14 31-22-1, relating to definitions, and inserting in its place 47-15 a new paragraph to read as follows: 47-16 "(1) 'Board' means the Board of Human Resources Public 47-17 Health." SECTION 79. 47-18 Said chapter is further amended by striking subsection (b) 47-19 of Code Section 31-22-2, relating to licenses, and inserting 47-20 in its place the following: 47-21 "(b) Application for licenses shall be made to the 47-22 Department of Human Resources Public Health on forms 47-23 prescribed by it. The application shall indicate the 47-24 categories of procedures to be performed and shall contain 47-25 such additional information as the department may require. 47-26 Each application shall be accompanied by a nonrefundable 47-27 fee prescribed by the department." SECTION 80. 47-28 Said chapter is further amended by striking paragraph (6) of 47-29 subsection (a) of Code Section 31-22-9.1, relating to 47-30 definitions, and inserting in its place the following: 47-31 "(6) 'Counseling' means providing the person with 47-32 information and explanations medically appropriate for 47-33 that person which may include all or part of the 47-34 following: accurate information regarding AIDS and HIV; 47-35 an explanation of behaviors that reduce the risk of 47-36 transmitting AIDS and HIV; an explanation of the 47-37 confidentiality of information relating to AIDS 47-38 diagnoses and HIV tests; an explanation of information H. B. No. 528 (SUB) -47- (Index) HB 528/CSFA 48- 1 regarding both social and medical implications of HIV 48- 2 tests; and disclosure of commonly recognized treatment 48- 3 or treatments for AIDS and HIV. The Department of Human 48- 4 Resources Public Health shall develop brochures or other 48- 5 documents which meet the requirements of this paragraph 48- 6 and, upon delivery of such a brochure or document or of 48- 7 another brochure or document approved by the Department 48- 8 of Human Resources Public Health to the person and 48- 9 referral of that person to the Department of Human 48-10 Resources Public Health for further information and 48-11 explanations, counseling shall be deemed to have been 48-12 provided within the meaning of this paragraph." SECTION 81. 48-13 Said chapter is further amended by striking subsection (f) 48-14 of Code Section 31-22-9.2, relating to reports of test 48-15 results, and inserting in its place the following: 48-16 "(f) The provisions of this Code section shall not apply 48-17 to situations in which an HIV test is ordered or required 48-18 in connection with insurance coverage, provided that the 48-19 person to be tested or the appropriate representative of 48-20 that person has agreed to have the test administered under 48-21 such procedures as may be established by the Commissioner 48-22 of Insurance after consultation with the Department of 48-23 Human Resources Public Health." SECTION 82. 48-24 Chapter 23 of said title, relating to eye banks, is amended 48-25 by striking Code Section 31-23-3, relating to who may 48-26 operate eye banks, and inserting in its place the following: 48-27 "31-23-3. (Index) 48-28 Any hospital or any medical school in conjunction with the 48-29 department or school of ophthalmology of such medical 48-30 school, alone or in further conjunction with other 48-31 charitable organizations, may establish and maintain an 48-32 eye bank in or under such hospital or medical school upon 48-33 approval for the establishment of the eye bank by the 48-34 Department of Human Resources Public Health, if the eye 48-35 bank meets the medical standards approved by the Eye Bank 48-36 Association of America. Upon the establishment of any eye 48-37 bank as authorized in this Code section, the extraction, 48-38 removal, care, preservation, storage, and use of human 48-39 eyes or parts thereof for any of the purposes for which 48-40 eye banks may be established may begin in such facility or H. B. No. 528 (SUB) -48- (Index) HB 528/CSFA 49- 1 as authorized by such facility. The eye bank shall have 49- 2 the right to receive gifts, donations, and bequests for 49- 3 the purposes stated in this Code section." SECTION 83. 49- 4 Chapter 24 of said title, "The Blood Labeling Act," is 49- 5 amended by striking subparagraph (a) of Code Section 49- 6 31-24-4, relating to labeling of containers of blood, and 49- 7 inserting in its place the following: 49- 8 "(a) Every person who withdraws blood from an individual 49- 9 or separates blood into components by physical processes 49-10 shall affix to each container of such blood or components 49-11 a label in a form specified by the Department of Human 49-12 Resources Public Health which shall include an indication 49-13 of whether the blood was obtained by purchase or 49-14 donation." SECTION 84. 49-15 Chapter 26 of said title, relating to the practice of 49-16 midwifery, is amended by striking subsection (a) of Code 49-17 Section 31-26-2, relating to requirements for a certificate, 49-18 and inserting in its place the following: 49-19 "(a) No person shall practice midwifery without first 49-20 receiving from the Department of Human Resources Public 49-21 Health a certificate of authority as provided in this Code 49-22 section and registering his or her name, address, and 49-23 occupation with the county board of health and the local 49-24 registrar, as defined in Code Section 31-10-2, of vital 49-25 statistics in the county and district in which he or she 49-26 lives." SECTION 85. 49-27 Chapter 27 of said title, relating to the control of mass 49-28 gatherings, is amended by striking Code Section 31-27-2, 49-29 relating to permit requirements, and inserting in its place 49-30 the following: 49-31 "31-27-2. (Index) 49-32 No person shall hold or promote, by advertising or 49-33 otherwise, a mass gathering unless a permit has been 49-34 issued for the gathering. Such permits shall be issued by 49-35 the Department of Human Resources Public Health, shall be 49-36 in writing, shall specify the conditions under which 49-37 issued, and shall remain in effect until suspended or 49-38 revoked or until the mass gathering is terminated. The H. B. No. 528 (SUB) -49- (Index) HB 528/CSFA 50- 1 permit shall not be transferable or assignable, and a 50- 2 separate permit shall be required for each mass 50- 3 gathering." SECTION 86. 50- 4 Said chapter is further amended by striking Code Section 50- 5 31-27-7, relating to emergency powers of Governor and 50- 6 authority of director of Civil Defense Division, and 50- 7 inserting in its place the following: 50- 8 "31-27-7. (Index) 50- 9 In the event the commissioner of human resources public 50-10 health determines that the various facilities appropriate 50-11 for security of life or health are inadequate due to the 50-12 unprecedented size of the mass gathering, failure of the 50-13 person or persons responsible for providing facilities, 50-14 services, and other requirements of this chapter, or for 50-15 any other reason, the commissioner shall immediately 50-16 inform the Governor who shall have general direction and 50-17 control of the Civil Defense Division of the Department of 50-18 Defense and may take whatever immediate action he or she 50-19 deems necessary under the authority of Articles 1 through 50-20 3 of Chapter 3 of Title 38, as amended. Upon order of the 50-21 Governor, the director of the Civil Defense Division 50-22 shall, subject to the direction and control of the 50-23 Governor, coordinate the activities of all organizations, 50-24 agencies, and persons required to protect the health, 50-25 safety, and general welfare of the public in the manner 50-26 prescribed by Articles 1 through 3 of Chapter 3 of Title 50-27 38, as amended." SECTION 87. 50-28 Chapter 28 of said title, relating to tourist courts, is 50-29 amended by striking Code Section 31-28-2, relating to permit 50-30 requirements, and inserting in its place the following: 50-31 "31-28-2. (Index) 50-32 It shall be unlawful for any person, firm, or corporation 50-33 to operate a tourist court without having first obtained a 50-34 valid permit therefor. Such permits permit shall be 50-35 issued by the county board of health or its duly 50-36 authorized representative, subject to supervision and 50-37 direction by the Department of Human Resources Public 50-38 Health but, where the county board of health is not 50-39 functioning, the permit shall be issued by the department. 50-40 A permit shall be valid until suspended or revoked and H. B. No. 528 (SUB) -50- (Index) HB 528/CSFA 51- 1 shall not be transferable with respect to person or 51- 2 location." SECTION 88. 51- 3 Said chapter is further amended by striking subsection (a) 51- 4 of Code Section 31-28-5, relating to standards, and 51- 5 inserting in its place the following: 51- 6 "(a) The Department of Human Resources Public Health and 51- 7 county boards of health shall have the power to adopt and 51- 8 promulgate rules and regulations to ensure the protection 51- 9 of the public health. Such rules and regulations shall 51-10 prescribe reasonable standards for health, sanitation, and 51-11 safety of tourist courts with regard to: 51-12 (1) Location, drainage, and maintenance of grounds; 51-13 (2) Size, ventilation, and maintenance of sleeping 51-14 rooms, toilet and washrooms, and laundry rooms, where 51-15 provided; 51-16 (3) Installation of all electrical equipment and exposed 51-17 electrical wiring; 51-18 (4) Heating appliances and equipment, and installation 51-19 thereof; 51-20 (5) Water supply, plumbing fixtures and installations; 51-21 (6) Sewage disposal; 51-22 (7) Garbage and refuse disposal; 51-23 (8) Control of vermin; 51-24 (9) Accident prevention; and 51-25 (10) Spacing of trailer coaches and lighting of trailer 51-26 parks." SECTION 89. 51-27 Said chapter is further amended by striking Code Section 51-28 31-28-6, relating to inspection of premises, and inserting 51-29 in its place the following: 51-30 "31-28-6. (Index) 51-31 The Department of Human Resources Public Health and the 51-32 county boards of health and their duly authorized agents 51-33 are authorized and empowered to enforce compliance with 51-34 this chapter and the rules and regulations adopted and 51-35 promulgated under this chapter and, in connection H. B. No. 528 (SUB) -51- (Index) HB 528/CSFA 52- 1 therewith, to enter upon and inspect the premises of a 52- 2 tourist court at any reasonable time and in a reasonable 52- 3 manner, as provided in Article 2 of Chapter 5 of this 52- 4 title." SECTION 90. 52- 5 Chapter 30 of said title, relating to reports on veterans 52- 6 exposed to Agent Orange, is amended by striking Code Section 52- 7 31-30-9, relating to effective date, and inserting in its 52- 8 place a new section to read as follows: 52- 9 "31-30-9. (Index) 52-10 This chapter shall become effective when and to the extent 52-11 that funds are appropriated and available to the 52-12 Department of Human Resources Public Health under an 52-13 appropriation which specifically refers to this chapter 52-14 and provides that it is intended for the implementation of 52-15 this chapter." SECTION 91. 52-16 Chapter 34 of said title, the "Physicians for Rural Areas 52-17 Assistance Act," is amended by striking subsection (c) of 52-18 Code Section 31-34-5, relating to loans, and inserting in 52-19 its place the following: 52-20 "(c) In making a determination of physician underserved 52-21 rural areas of Georgia, the board shall seek the advice 52-22 and assistance of the Department of Human Resources Public 52-23 Health, the Joint Board of Family Practice, the University 52-24 of Georgia Cooperative Extension Service, the Department 52-25 of Community Affairs, and such other public or private 52-26 associations or organizations as the board determines to 52-27 be of assistance in making such determinations. Criteria 52-28 to determine physician underserved rural areas shall 52-29 include, but shall not be limited to, relevant statistical 52-30 data related to the following: 52-31 (1) The ratio of physicians to population in the area; 52-32 (2) Indications of the health status of the population 52-33 in the area; 52-34 (3) The poverty level and dependent age groups of the 52-35 population in the area; 52-36 (4) Indications of community support for more physicians 52-37 in the area; and H. B. No. 528 (SUB) -52- (Index) HB 528/CSFA 53- 1 (5) Indications that access to the physician's services 53- 2 is available to every person in the underserved area 53- 3 regardless of ability to pay." SECTION 92. 53- 4 Chapter 40 of said title, relating to tattoo studios, is 53- 5 amended by striking Code Section 31-40-2, relating to 53- 6 issuance of permits, and inserting in its place the 53- 7 following: 53- 8 "31-40-2. (Index) 53- 9 It shall be unlawful for any person to operate a tattoo 53-10 studio without having first obtained a valid permit for 53-11 such studio. Such permits shall be issued by the county 53-12 board of health or its duly authorized representative, 53-13 subject to supervision and direction by the Department of 53-14 Human Resources Public Health but, where the county board 53-15 of health is not functioning, the permit shall be issued 53-16 by the department. A permit shall be valid until 53-17 suspended or revoked and shall not be transferable with 53-18 respect to person or location." SECTION 93. 53-19 Said chapter is further amended by striking subsection (a) 53-20 of Code Section 31-40-5, relating to rules and regulations, 53-21 and inserting in its place the following: 53-22 "(a) The Department of Human Resources Public Health and 53-23 county boards of health shall have the power to adopt and 53-24 promulgate rules and regulations to ensure the protection 53-25 of the public health. Such rules and regulations shall 53-26 prescribe reasonable standards for health and safety of 53-27 tattoo studios with regard to: 53-28 (1) Location and cleanliness of facilities; 53-29 (2) Sterilization and Occupational Safety and Health 53-30 Administration guidelines for the prevention and spread 53-31 of infectious diseases by all personnel; 53-32 (3) Informed consent by the person receiving a tattoo; 53-33 (4) Procedures for ensuring adequate explanation to 53-34 consumers of the proper subsequent care of a tattoo; and 53-35 (5) Proper use and maintenance of tattoo equipment, 53-36 including dyes and pigments." H. B. No. 528 (SUB) -53- (Index) HB 528/CSFA SECTION 94. 54- 1 Said chapter is further amended by striking Code Section 54- 2 31-40-6, relating to enforcement, and inserting in in its 54- 3 place the following: 54- 4 "31-40-6. (Index) 54- 5 The Department of Human Resources Public Health and the 54- 6 county boards of health and their duly authorized agents 54- 7 are authorized and empowered to enforce compliance with 54- 8 this chapter and the rules and regulations adopted and 54- 9 promulgated under this chapter and, in connection 54-10 therewith, to enter upon and inspect the premises of a 54-11 tattoo studio at any reasonable time and in a reasonable 54-12 manner, as provided in Article 2 of Chapter 5 of this 54-13 title." SECTION 95. 54-14 Said chapter is further amended by striking Code Section 54-15 31-40-8, relating to public education programs, and 54-16 inserting in its place the following: 54-17 "31-40-8. (Index) 54-18 The Department of Human Resources Public Health is 54-19 authorized and directed to develop and institute a program 54-20 of public education for the purpose of alerting the public 54-21 to the possible side effects and exposure risks of 54-22 tattooing." SECTION 96. 54-23 Title 8 of the Official Code of Georgia Annotated, relating 54-24 to buildings, is amended by striking subsection (a) of Code 54-25 Section 8-2-24, relating to appointment of advisory 54-26 committee, and inserting in its place the following: 54-27 "(a) For the purpose of assisting the department in 54-28 carrying out the provisions of Code Section 8-2-23, the 54-29 commissioner shall appoint an advisory committee to be 54-30 composed of 21 22 members as follows: 54-31 (1) The Georgia Safety Fire Commissioner or his or her 54-32 designee as an ex officio member with full voting 54-33 privileges; 54-34 (2) The commissioner of human resources or his or her 54-35 designee as an ex officio member with full voting 54-36 privileges; H. B. No. 528 (SUB) -54- (Index) HB 528/CSFA 55- 1 (2.1) The commissioner of public health or his or her 55- 2 designee as an ex officio member with full voting 55- 3 privileges; 55- 4 (3) The commissioner of community affairs or his or her 55- 5 designee as an ex officio member with full voting 55- 6 privileges; 55- 7 (4) One representative of the home building industry; 55- 8 (5) One representative of the industrialized building 55- 9 industry; 55-10 (6) One representative of the general contracting 55-11 industry; 55-12 (7) One representative of the profession of mechanical 55-13 engineering; 55-14 (8) One licensed architect; 55-15 (9) One licensed electrical engineer; 55-16 (10) One representative of the manufactured homes 55-17 industry; 55-18 (11) One licensed electrical contractor; 55-19 (12) One building material dealer; 55-20 (13) One licensed plumbing contractor; 55-21 (14) One licensed conditioned-air contractor; 55-22 (15) One licensed structural engineer; 55-23 (16) Four municipal or county code enforcement 55-24 officials; and 55-25 (17) Two local fire officials." SECTION 97. 55-26 Title 9 of the Official Code of Georgia Annotated, relating 55-27 to civil practice, is amended by striking Code Section 55-28 9-10-152, relating to continuance for attendance at meeting 55-29 of Board of Human Resources, and inserting in its place the 55-30 following: 55-31 "9-10-152. (Index) 55-32 Should any member of the Board of Human Resources or the 55-33 Board of Public Health be engaged, at the time of any 55-34 meeting of the such board, as counsel or party in any case 55-35 pending in the courts of this state and should the case be H. B. No. 528 (SUB) -55- (Index) HB 528/CSFA 56- 1 called for trial during the regular session of the such 56- 2 board, the absence of the member to attend the session 56- 3 shall be good ground for a postponement or a continuance 56- 4 of the case until the session of the such board has come 56- 5 to an end." SECTION 98. 56- 6 Chapter 8 of Title 17 of the Official Code of Georgia 56- 7 Annotated, relating to trial, is amended by striking Code 56- 8 Section 17-8-30, relating to continuances for certain board 56- 9 members, and inserting in its place the following: 56-10 "17-8-30. (Index) 56-11 Should any member of the Board of Human Resources or the 56-12 Board of Public Health be engaged at the time of any 56-13 meeting of the such board as counsel or party in any case 56-14 pending in the courts of this state and should the case be 56-15 called for trial during the regular session of the such 56-16 board, his the member's absence to attend the session 56-17 shall be good ground for a postponement or a continuance 56-18 of the case until the session of the such board has 56-19 ended." SECTION 99. 56-20 Chapter 3 of Title 19 of the Official Code of Georgia 56-21 Annotated, relating to marriage generally, is amended by 56-22 striking subsection (b) of Code Section 19-3-35.1, relating 56-23 to AIDS brochures, and inserting in its place the following: 56-24 "(b) The Department of Human Resources Public Health shall 56-25 prepare a brochure describing AIDS, HIV, and the dangers, 56-26 populations at risk, risk behaviors, and prevention 56-27 measures relating thereto. That department shall also 56-28 prepare a listing of sites at which confidential and 56-29 anonymous HIV tests are provided without charge. That 56-30 department shall further prepare a form for acknowledging 56-31 that the brochures and listings have been received, as 56-32 required by subsection (c) of this Code section. The 56-33 brochures, listings, and forms prepared by the Department 56-34 of Human Resources under this subsection shall be prepared 56-35 and furnished to the office of each judge of the probate 56-36 court no later than October 1, 1988." SECTION 100. 56-37 Chapter 13 of said title, relating to family violence, is 56-38 amended by striking paragraph (1) of subsection (a) of Code H. B. No. 528 (SUB) -56- (Index) HB 528/CSFA 57- 1 Section 19-13-32, relating to the State Commission on Family 57- 2 Violence, and inserting in its place the following: 57- 3 "(1) Three ex officio members shall be the director of 57- 4 the Division of Family and Children Services in the 57- 5 Department of Human Resources, the director of Women's 57- 6 Health Services in the division of public health of the 57- 7 Department of Human Resources commissioner of public 57- 8 health or the designee thereof, and the Attorney 57- 9 General;". SECTION 101. 57-10 Chapter 3 of Title 20 of the Official Code of Georgia 57-11 Annotated, relating to postsecondary education, is amended 57-12 by striking subparagraph (b)(1)(C) of Code Section 20-3-374, 57-13 relating to service cancelable loans, and inserting in its 57-14 place the following: 57-15 "(C) The authority is authorized to make service 57-16 cancelable educational loans to residents of this 57-17 state enrolled in a course of study leading to a 57-18 baccalaureate or advanced nursing degree to practice 57-19 as a registered professional nurse for the Department 57-20 of Human Resources, the Department of Public Health, 57-21 or any county board of health, it being found by the 57-22 General Assembly that a shortage exists of such 57-23 personnel. The maximum loan amount under this 57-24 subparagraph for full-time students shall not exceed 57-25 $10,000.00 per academic year. Such loans shall be 57-26 conditioned upon the student's understanding and 57-27 agreement that the educational loan is to be repaid by 57-28 the student, if the student completes the approved 57-29 program of study, by practicing as a registered 57-30 professional nurse as an employee of the Department of 57-31 Human Resources, the Department of Public Health, or a 57-32 county board of health for a period of two years for 57-33 each academic year of study or its equivalent for 57-34 which a loan is made to the student under this 57-35 paragraph, or otherwise in cash with interest thereon 57-36 in accordance with the terms of the promissory note 57-37 executed by the student." SECTION 102. 57-38 Said chapter is further amended by striking subsection (e) 57-39 of Code Section 20-3-476, relating to cancellation of loans 57-40 by practices in medically underserved areas, and inserting 57-41 in its place a new subsection to read as follows: H. B. No. 528 (SUB) -57- (Index) HB 528/CSFA 58- 1 "(e) Loans made pursuant to this subpart shall be 58- 2 conditioned upon the recipients' agreements in writing to 58- 3 repay the loans in services to the public through the 58- 4 practice of primary care medicine in an area of the state 58- 5 that is approved by the authority for purposes of this 58- 6 subpart as being a medically underserved area or in a 58- 7 hospital or facility operated by or under the jurisdiction 58- 8 of the Department of Human Resources, the Department of 58- 9 Public Health, or the Department of Corrections. Loans 58-10 shall bear interest at the rate of 12 percent per annum 58-11 from each date of disbursement of loan proceeds by the 58-12 authority. For each year of practice by a loan recipient 58-13 of primary care medicine in an authority approved area, 58-14 hospital, or facility, the loan recipient shall be given 58-15 credit for repayment of loan amounts received by the 58-16 recipient under this subpart for one academic year of 58-17 study or its equivalent as a full-time student. To the 58-18 extent that loans made under this subpart are repaid in 58-19 approved services rendered, all interest due the authority 58-20 on such loans shall likewise be canceled. Loans made 58-21 under this subpart that are not repaid in approved 58-22 services rendered shall, together with interest thereon, 58-23 be repaid to the authority in cash at times prescribed by 58-24 the authority. Each applicant shall, before receiving the 58-25 proceeds of a loan, enter into a written agreement with 58-26 the authority, execute a promissory note, or sign such 58-27 other documents as may be required by the authority, the 58-28 terms and conditions of which shall be in accordance with 58-29 and designed to accomplish the purposes of this subpart." SECTION 103. 58-30 Said chapter is further amended by striking Code Section 58-31 20-3-513, relating to determination of loan amounts by the 58-32 State Medical Education Board, and inserting in its place 58-33 the following: 58-34 "20-3-513. (Index) 58-35 Students whose applications are approved shall receive a 58-36 loan or scholarship in an amount to be determined by the 58-37 State Medical Education Board to defray the tuition and 58-38 other expenses of the applicant in an accredited four-year 58-39 medical school in the United States which has received 58-40 accreditation or provisional accreditation by the Liaison 58-41 Committee on Medical Education of the American Medical 58-42 Association or the Bureau of Professional Education of the 58-43 American Osteopathic Association for a program in medical H. B. No. 528 (SUB) -58- (Index) HB 528/CSFA 59- 1 education designed to qualify the graduate for licensure 59- 2 by the Composite State Board of Medical Examiners of 59- 3 Georgia. The loans and scholarships shall be paid in such 59- 4 manner as the State Medical Education Board shall 59- 5 determine and may be prorated so as to pay to the medical 59- 6 college or school to which any applicant is admitted such 59- 7 funds as are required by that college or school with the 59- 8 balance being paid directly to the applicant; all of which 59- 9 shall be under such terms and conditions as may be 59-10 provided under rules and regulations of the State Medical 59-11 Education Board. The loans or scholarships to be granted 59-12 to each applicant shall be based upon the condition that 59-13 the full amount of the loans or scholarships shall be 59-14 repaid to the State of Georgia in services to be rendered 59-15 by the applicant by practicing his or her profession in a 59-16 State Medical Education Board approved community in 59-17 Georgia of 15,000 population or less according to the 59-18 United States decennial census of 1980 or any future such 59-19 census or at any hospital or facility operated by or under 59-20 the jurisdiction of the Department of Human Resources or 59-21 the Department of Public Health or at any facility 59-22 operated by or under the jurisdiction of the Department of 59-23 Corrections. For each year of practicing his or her 59-24 profession in such State Medical Education Board approved 59-25 location, the applicant shall receive credit for the 59-26 amount of the scholarship received during any one year in 59-27 medical school, with the interest due on such amount." SECTION 104. 59-28 Reserved. SECTION 105. 59-29 Chapter 4 of Title 26 of the Official Code of Georgia 59-30 Annotated, relating to pharmacists and pharmacies, is 59-31 amended by striking paragraph (4) of Code Section 26-4-131, 59-32 relating to definitions regarding nuclear pharmacies, and 59-33 inserting in its place the following: 59-34 "(4) 'Department' means the Department of Human Natural 59-35 Resources." SECTION 106. 59-36 Said chapter is further amended by striking subsections (a) 59-37 and (c) of Code Section 26-4-132, relating to entities 59-38 required to obtain nuclear pharmacist licenses, and 59-39 inserting in their respective places the following: H. B. No. 528 (SUB) -59- (Index) HB 528/CSFA 60- 1 "(a) All persons, firms, pharmacies, or corporations which 60- 2 receive, possess, transfer, or manufacture for sale or 60- 3 resale radiopharmaceuticals shall be licensed in 60- 4 accordance with the provisions of this part. No person 60- 5 may receive, acquire, possess, compound, or dispense any 60- 6 radiopharmaceutical except in accordance with the 60- 7 provisions of this part and the conditions of rules and 60- 8 regulations promulgated by the Board of Human Natural 60- 9 Resources for radioactive materials and administered by 60-10 the department. The requirements of this part are in 60-11 addition to, and not in substitution of, other applicable 60-12 statutes and regulations administered by the State Board 60-13 of Pharmacy or the department." 60-14 "(c) Nothing in this part shall be construed so as to 60-15 require a licensed clinical laboratory which is also 60-16 licensed by the Department of Public Health which is also 60-17 licensed by the department to handle radioactive materials 60-18 to obtain the services of a nuclear pharmacist, or to have 60-19 a nuclear pharmacy license, unless the laboratory is 60-20 engaged in the commercial sale or resale of 60-21 radiopharmaceuticals." SECTION 107. 60-22 Title 28 of the Official Code of Georgia Annotated, relating 60-23 to the General Assembly, is amended by striking subsection 60-24 (a) of Code Section 28-5-60, relating to creation of the 60-25 Claims Advisory Board, and inserting in its place the 60-26 following: 60-27 "(a) There is created the Claims Advisory Board, 60-28 hereinafter called the board, to be composed of the 60-29 Secretary of State, who shall be the chairman, the 60-30 commissioner of human resources, the commissioner of 60-31 public health, the commissioner of corrections, and the 60-32 commissioner of transportation. Whenever the board takes 60-33 any official action authorized under the law or duly 60-34 promulgated rules and regulations, three of the members 60-35 shall constitute a quorum; however, any of those 60-36 individuals named above may be represented by a deputy or 60-37 other designated employee; and any such action shall be 60-38 valid if any two of the remaining three individuals are 60-39 present during such action." SECTION 108. 60-40 Chapter 1 of Title 30 of the Official Code of Georgia 60-41 Annotated, relating to general provisions relating to H. B. No. 528 (SUB) -60- (Index) HB 528/CSFA 61- 1 handicapped persons, is amended by striking paragraph (1) of 61- 2 subsection (a) of Code Section 30-1-4, relating to the 61- 3 Council on the Deaf, and inserting in its place the 61- 4 following: 61- 5 "(1) Three Four members shall be appointed from the 61- 6 Department of Human Resources in the following manner: 61- 7 (A) One member from the Division of Mental Health, 61- 8 Mental Retardation, and Substance Abuse; 61- 9 (B) Reserved One member from the Division of Physical 61-10 Health; 61-11 (C) One member from the Division of Family and 61-12 Children Services; and 61-13 (D) One member from the Division of Rehabilitation 61-14 Services; 61-15 (1.1) One member appointed from the Department of Public 61-16 Health;". SECTION 109. 61-17 Chapter 2 of Title 37 of the Official Code of Georgia 61-18 Annotated, relating to administration of mental health 61-19 services, is amended by striking Code Section 37-2-11.2, 61-20 relating to access to records of certain programs, and 61-21 inserting in its place the following: 61-22 "37-2-11.2. (Index) 61-23 (a) Notwithstanding any other law to the contrary, to 61-24 ensure the quality and integrity of patient and client 61-25 care, any program receiving any public funds from, or 61-26 subject to licensing, certification, or facility approval 61-27 by, the Department of Human Resources, the Department of 61-28 Public Health, or a regional board shall be required to 61-29 provide the respective department or the appropriate 61-30 regional board or both, upon request, complete access to, 61-31 including but not limited to authorization to examine and 61-32 reproduce, any records required to be maintained in 61-33 accordance with contracts, standards, or rules and 61-34 regulations of the Department of Human Resources 61-35 respective department or pursuant to the provisions of 61-36 this title. 61-37 (b) Records obtained pursuant to subsection (a) of this 61-38 Code section shall not be considered public records and 61-39 shall not be released by the department Department of H. B. No. 528 (SUB) -61- (Index) HB 528/CSFA 62- 1 Human Resources or the Department of Public Health or any 62- 2 regional board unless otherwise specifically authorized by 62- 3 law." SECTION 110. 62- 4 Title 42 of the Official Code of Georgia Annotated, relating 62- 5 to penal institutions, is amended by striking subsection (c) 62- 6 of Code Section 42-5-52.1, relating to submission to HIV 62- 7 test, and inserting in its place the following: 62- 8 "(c) No later than December 31, 1991, the department shall 62- 9 require to submit to an HIV test each person who has been 62-10 committed to the custody of the commissioner to serve time 62-11 in a penal institution of this state and who remains in 62-12 such custody, or who would be in such custody but for 62-13 having been transferred to the custody of the Department 62-14 of Human Resources or Department of Public Health under 62-15 Code Section 42-5-52, if that person has not submitted to 62-16 an HIV test following that person's most recent commitment 62-17 to the custody of the commissioner and unless that person 62-18 is in such custody because of having committed an AIDS 62-19 transmitting crime and has already submitted to an HIV 62-20 test pursuant to Code Section 17-10-15." SECTION 111. 62-21 Said title is further amended by striking subsection (a) of 62-22 Code Section 42-9-12, relating to incapacity upon the State 62-23 Board of Pardons and Paroles, and inserting in its place the 62-24 following: 62-25 "(a) Whenever the Governor has personal knowledge or 62-26 receives information deemed by him to be reliable that any 62-27 member of the board, by reason of illness or other 62-28 providential cause, is unable to perform the duties of his 62-29 office, he shall call a council to be composed of the 62-30 president of the Medical Association of Georgia, the 62-31 president of the State Bar of Georgia, the commissioner of 62-32 public health, and the commissioner of human resources for 62-33 the purpose of ascertaining whether or not any member of 62-34 the board is in fact unable to perform the duties of his 62-35 office. In the event the president of the Medical 62-36 Association of Georgia is disqualified or unable for any 62-37 cause to serve on the council, he shall appoint some other 62-38 member of the Medical Association of Georgia, preferably 62-39 an elected officer therein, to serve in his place and 62-40 stead; and he shall notify the Governor of his appointee. 62-41 In the event the president of the State Bar of Georgia is H. B. No. 528 (SUB) -62- (Index) HB 528/CSFA 63- 1 disqualified or unable for any cause to serve on the 63- 2 council, he shall appoint some other member of the State 63- 3 Bar of Georgia, preferably an elected officer therein, to 63- 4 serve in his place and stead; and he shall notify the 63- 5 Governor of his appointee. In the event the commissioner 63- 6 of human resources or the commissioner of public health is 63- 7 disqualified or unable for any cause to serve on the 63- 8 council, the chairman of the Board of Human Resources 63- 9 board for the department for which that person is 63-10 commissioner, if he is a physician licensed to practice 63-11 under Chapter 34 of Title 43, shall serve in place of the 63-12 such commissioner. If both the commissioner such 63-13 department's commissioner and the board chairman are both 63-14 disqualified or unable for any cause to serve on the 63-15 council, the that chairman shall designate a member of the 63-16 Board of Human Resources such board who is a physician 63-17 licensed to practice under Chapter 34 of Title 43 to serve 63-18 on the council. The chairman shall notify the Governor of 63-19 his appointee." SECTION 112. 63-20 Said title is further amended by striking subsection (b) of 63-21 Code Section 42-9-41, relating to duty of the State Board of 63-22 Pardons and Paroles, and inserting in its place the 63-23 following: 63-24 "(b) The board in its discretion may also obtain and place 63-25 in its permanent records similar information on each 63-26 person who may be placed on probation. The board shall 63-27 immediately examine such records and any other records 63-28 obtained and make such other investigation as it may deem 63-29 necessary. It shall be the duty of the court and of all 63-30 probation officers and other appropriate officers to 63-31 furnish to the board, upon its request, such information 63-32 as may be in their possession or under their control. The 63-33 Department of Human Resources, Department of Public 63-34 Health, and all other state, county, and city agencies, 63-35 all sheriffs and their deputies, and all peace officers 63-36 shall cooperate with the board and shall aid and assist it 63-37 in the performance of its duties. The board may make such 63-38 rules as to the privacy or privilege of such information 63-39 and as to its use by persons other than the board and its 63-40 staff as may be deemed expedient in the performance of its 63-41 duties." H. B. No. 528 (SUB) -63- (Index) HB 528/CSFA SECTION 113. 64- 1 Title 43 of the Official Code of Georgia Annotated, relating 64- 2 to professions and businesses, is amended by striking 64- 3 subsection (b) of Code Section 43-1A-4, relating to creation 64- 4 of Occupational Regulation Review Council, and inserting in 64- 5 its place the following: 64- 6 "(b) The council shall consist of ten 11 members: 64- 7 (1) The Comptroller General or his or her designee; 64- 8 (2) The Secretary of State or his or her designee; 64- 9 (3) The commissioner of human resources or his or her 64-10 designee; 64-11 (3.1) The commissioner of public health or his or her 64-12 designee; 64-13 (4) The director of the Office of Planning and Budget or 64-14 his or her designee; 64-15 (5) The commissioner of natural resources or his or her 64-16 designee; 64-17 (6) The state revenue commissioner or his or her 64-18 designee; 64-19 (7) The Commissioner of Agriculture or his or her 64-20 designee; 64-21 (8) The administrator of the 'Fair Business Practices 64-22 Act of 1975' or his or her designee; 64-23 (9) The chairperson of the legislative committee of 64-24 reference or that person's designee from that committee, 64-25 but only when legislation referred by such committee is 64-26 being considered by the council; and 64-27 (10) The chairperson of that standing committee of the 64-28 General Assembly appointed by the presiding officer 64-29 thereof pursuant to subsection (b) of Code Section 64-30 43-1A-5 or that chairperson's designee from that 64-31 committee, but only when legislation of which that 64-32 presiding officer was notified under subsection (b) of 64-33 Code Section 43-1A-5 is being considered by the 64-34 council." SECTION 114. 64-35 Said title is further amended by striking paragraph (4) of 64-36 subsection (a) of Code Section 43-27-5, relating to powers H. B. No. 528 (SUB) -64- (Index) HB 528/CSFA 65- 1 of the State Board of Nursing Home Administrators, and 65- 2 inserting in its place the following: 65- 3 "(4) To initiate investigations for the purpose of 65- 4 discovering violations by a nursing home administrator 65- 5 of the rules, regulations, or statutes of the Department 65- 6 of Medical Assistance, or the Department of Human 65- 7 Resources, or the Department of Public Health, provided 65- 8 that the board shall investigate those violations only 65- 9 after revocation, limitation, or restriction of 65-10 participation of the nursing home of which such 65-11 individual is the administrator in the medical 65-12 assistance program or the license issued by the 65-13 Department of Human Resources Public Health and make 65-14 written findings as to the causes of the alleged 65-15 violations;". SECTION 115. 65-16 Said title is further amended by striking division 65-17 (b)(2)(A)(i) of Code Section 43-34-26.1, relating to 65-18 delegation of certain authority, and inserting in its place 65-19 the following: 65-20 "(i) The Division Department of Public Health of the 65-21 Department of Human Resources;". SECTION 116. 65-22 Said title is further amended by striking subsection (f) of 65-23 Code Section 43-34-103, relating to utilization of 65-24 physicians' assistants, and inserting in its place the 65-25 following: 65-26 "(f) A physician employed by the Department of Human 65-27 Resources, the Department of Public Health, or by any 65-28 institution thereof or by a local health department whose 65-29 duties are administrative in nature and who does not 65-30 normally provide health care to patients as such employee 65-31 shall not be authorized to apply for or utilize the 65-32 services of any physician's assistant employed by the 65-33 Department of Human Resources, the Department of Public 65-34 Health, or by any institution thereof or by a local health 65-35 department." SECTION 117. 65-36 Title 44 of the Official Code of Georgia Annotated, relating 65-37 to property, is amended by striking paragraph (b) of Code H. B. No. 528 (SUB) -65- (Index) HB 528/CSFA 66- 1 Section 44-5-151, relating to HIV tests of body parts, and 66- 2 inserting in its place the following: 66- 3 "(b) Each health care facility, health care provider, 66- 4 blood bank, tissue bank, sperm bank, or other similar 66- 5 legal entity which procures, processes, distributes, or 66- 6 uses any human body part determined by the Department of 66- 7 Human Resources Public Health to have a reasonable 66- 8 probability of transmitting HIV shall subject or have 66- 9 subjected such part, or the donor of such part, to an HIV 66-10 test prior to making that body part available for use in 66-11 the body of another human being. Any such body part thus 66-12 determined to be infected with HIV and any body part the 66-13 donor of which has thus been determined to be infected 66-14 with HIV shall not be used in the body of another human 66-15 being but shall be safely and promptly disposed of or made 66-16 available for medical research, as provided in the 66-17 regulations of the Department of Human Resources Public 66-18 Health." SECTION 118. 66-19 Title 45 of the Official Code of Georgia Annotated, relating 66-20 to public officers and employees, is amended by striking 66-21 subsection (c) of Code Section 45-9-1, relating to general 66-22 provisions regarding such personnel, and inserting in its 66-23 place the following: 66-24 "(c) For the purpose of this article, the term 'agency' 66-25 shall specifically include, but shall not be limited to, 66-26 public retirement systems of state-wide application 66-27 established by the laws of this state, but shall not 66-28 include counties or municipalities; provided, however, 66-29 that the employees of community service boards, county 66-30 departments of health, and county departments of family 66-31 and children services as well as the members of the boards 66-32 of said departments shall be considered to be state 66-33 employees or officials for the purpose of this article. 66-34 In order to facilitate the administration of liability 66-35 coverage or other insurance coverages provided the 66-36 community service boards, county departments of health, 66-37 and county departments of family and children services, 66-38 the Department of Human Resources and the Department of 66-39 Public Health must designate a central office which will 66-40 be responsible for obtaining, submitting, and collecting 66-41 all underwriting information and insurance premiums 66-42 requested and assessed by the Department of Administrative 66-43 Services." H. B. No. 528 (SUB) -66- (Index) HB 528/CSFA SECTION 119. 67- 1 Said title is further amended by striking subsection (d) of 67- 2 Code Section 45-9-110, relating to authorization for 67- 3 consolidation of unemployment compensation claims, and 67- 4 inserting in its place the following: 67- 5 "(d) The commissioner of administrative services shall 67- 6 have the authority to provide unemployment compensation 67- 7 benefits insurance to all of the county departments of 67- 8 health, county departments of family and children 67- 9 services, and community service boards. The commissioner 67-10 of human resources and the commissioner of public health 67-11 shall establish a procedure to provide the Department of 67-12 Administrative Services all of the underwriting 67-13 information required including but not limited to payroll 67-14 data each quarter for the service centers, and shall 67-15 collect the unemployment premium from such boards and 67-16 departments and remit the premium to the Department of 67-17 Administrative Services. All of the county departments of 67-18 health, county departments of family and children 67-19 services, and community service boards shall participate 67-20 in such unemployment compensation benefit insurance 67-21 program." SECTION 120. 67-22 Said title is further amended by adding after paragraph (12) 67-23 of subsection (d) of Code Section 45-13-22, relating to 67-24 distribution of Georgia Laws, the following paragraph: 67-25 "(12.1) Department of Public Health -- one set;". SECTION 121. 67-26 Said title is further amended by striking subparagraphs (H) 67-27 and (I) of paragraph (2) of Code Section 45-18-1, relating 67-28 to definitions regarding state employees' health insurance 67-29 plan, and inserting in their respective places the 67-30 following: 67-31 "(H) A person who works full time and receives his 67-32 compensation in a direct payment from a county board 67-33 of health or the county boards of health comprising a 67-34 health district or the county boards of health 67-35 receiving financial assistance from the Department of 67-36 Human Resources or the Department of Public Health; 67-37 (I) An annuitant who at the time of his retirement 67-38 worked full time and received his compensation in a H. B. No. 528 (SUB) -67- (Index) HB 528/CSFA 68- 1 direct payment from a county board of health or the 68- 2 county boards of health comprising a health district 68- 3 or the county boards of health receiving financial 68- 4 assistance from the Department of Human Resources or 68- 5 the Department of Public Health;". SECTION 122. 68- 6 Said title is further amended by striking Code Section 68- 7 45-18-32, relating to administration of deferred 68- 8 compensation plans, and inserting in its place the 68- 9 following: 68-10 "45-18-32. (Index) 68-11 The State Personnel Board shall administer any deferred 68-12 compensation plan provided for the employees of the state. 68-13 Employees of the county boards of health receiving 68-14 financial assistance from the Department of Human 68-15 Resources or the Department of Public Health may, with the 68-16 approval of the State Personnel Board and the approval of 68-17 such organizations, participate in the state plan. The 68-18 State Personnel Board shall investigate and approve a 68-19 deferred compensation plan which gives the employees of 68-20 the state income tax benefits in connection with plans 68-21 authorized by the United States Internal Revenue Code, so 68-22 that compensation deferred under such plan shall not be 68-23 included for purposes of computation of any federal income 68-24 tax withheld on behalf of any such employee or payable by 68-25 such employee before any deferred payment date. All 68-26 contributions to the deferred compensation plan shall also 68-27 be exempt from state withholding tax as long as such 68-28 contributions are not includable in gross income for 68-29 federal income tax purposes. The governing body of a 68-30 city, county, or other political subdivision may appoint 68-31 an administrator for all deferred compensation plans, 68-32 whose duties shall include the administration of the plan 68-33 and the investigation and approval of the plan or plans. 68-34 All such plans shall provide tax deferral benefits for the 68-35 respective employees in a manner similar to that of the 68-36 plan for state employees." SECTION 123. 68-37 Said title is further amended by striking paragraph (8.1) of 68-38 Code Section 45-20-2, relating to definitions regarding the 68-39 state merit system, and inserting in its place the 68-40 following: H. B. No. 528 (SUB) -68- (Index) HB 528/CSFA 69- 1 "(8.1) 'Interdepartmental transfer' means a transfer 69- 2 from a classified position in one department to a 69- 3 classified position in another department at the same or 69- 4 a higher or lower pay grade. A transfer between units 69- 5 of the Department of Human Resources, including county 69- 6 departments of health and county departments of family 69- 7 and children services, or between units of the 69- 8 Department of Public Health, including county 69- 9 departments of health, shall not be deemed to be an 69-10 interdepartmental transfer." SECTION 124. 69-11 Said title is further amended by striking subsection (c) of 69-12 Code Section 45-20-17, relating to interdepartmental 69-13 transfers, and inserting in its place the following: 69-14 "(c) Notwithstanding any other provision of this Code 69-15 section, a transfer between units of the Department of 69-16 Human Resources, including county departments of health 69-17 and county departments of family and children services, or 69-18 between units of the Department of Public Health, 69-19 including county departments of health, shall not be 69-20 deemed to be an interdepartmental transfer subject to the 69-21 provisions of this Code section." SECTION 125. 69-22 Title 46 of the Official Code of Georgia Annotated, relating 69-23 to public utilities and public transportation, is amended by 69-24 striking subsection (l) of Code Section 46-11-4, relating to 69-25 regulation of transportation of hazardous materials, and 69-26 inserting in its place the following: 69-27 "(l) This chapter shall not apply to the transportation, 69-28 delivery, or acceptance for delivery of radioactive 69-29 materials inside the confines of the authorized location 69-30 of use of any person authorized to use, possess, 69-31 transport, deliver, or store radioactive materials by the 69-32 Department of Human Natural Resources pursuant to Chapter 69-33 13 of Title 31 or by the United States Nuclear Regulatory 69-34 Commission; nor shall this chapter apply to the 69-35 transportation, delivery, or acceptance for transportation 69-36 of radioactive materials under the direction or 69-37 supervision of the United States Nuclear Regulatory 69-38 Commission or the United States Department of Defense 69-39 where such transportation, delivery, or acceptance for 69-40 transportation is escorted by personnel designated by or 69-41 under the authority of those agencies." H. B. No. 528 (SUB) -69- (Index) HB 528/CSFA SECTION 126. 70- 1 Title 49 of the Official Code of Georgia Annotated, relating 70- 2 to social services, is amended by striking subsection (b) of 70- 3 Code Section 49-4-154, relating to powers and duties 70- 4 retained by Department of Human Resources, and inserting in 70- 5 its place the following subsections: 70- 6 "(b) The Department of Human Resources Public Health shall 70- 7 retain, in accordance with terms of the state plan, the 70- 8 functions, and all tangible things and employees relating 70- 9 thereto, of: establishing 70-10 (1) Establishing and maintaining certain standards for 70-11 certain institutions and agencies seeking to become or 70-12 remain providers and shall finally determine and certify 70-13 whether such institutions and agencies meet such 70-14 standards;. 70-15 (c) The Department of Human Resources shall retain, in 70-16 accordance with terms of the state plan, the functions, 70-17 and all tangible things and employees relating thereto, 70-18 of: 70-19 (2)(1) Determining and certifying the eligibility of 70-20 certain applicants for and recipients of medical 70-21 assistance; and 70-22 (3)(2) Prescribing regulations to require that 70-23 applicants for medical assistance be given clear and 70-24 easily understandable notice that all books, papers, 70-25 records, and memoranda of the provider relating to the 70-26 provision of medical assistance to the applicant will be 70-27 made available, upon request, to the commissioner of 70-28 medical assistance or his representative and that, by 70-29 accepting medical assistance, the applicant thereby 70-30 consents to the providing of such books, papers, 70-31 records, and memoranda to the commissioner of medical 70-32 assistance or his representative." 70-33 SECTION 126.1. 70-34 Said title is further amended by striking paragraph (1) of 70-35 Code Section 49-5-3, relating to definitions regarding 70-36 children and youth services, and inserting in its place the 70-37 following: 70-38 (1) 'Child-caring institution' means any institution, 70-39 society, agency, or facility, whether incorporated or 70-40 not, which either primarily or incidentally provides H. B. No. 528 (SUB) -70- (Index) HB 528/CSFA 71- 1 full-time care for children under 17 years of age 71- 2 outside of their own homes, subject to such exceptions 71- 3 as may be provided in rules and regulations of the board 71- 4 of public health. SECTION 127. 71- 5 Said title is further amended by striking paragraph (6) of 71- 6 subsection (a) of Code Section 49-5-8, relating to certain 71- 7 powers of Department of Human Resources, and inserting in 71- 8 its place the following: 71- 9 "(6) Reserved; Regulation of child-placing and 71-10 child-caring agencies by: 71-11 (A) Setting standards for and providing consultation 71-12 and making recommendations concerning establishment 71-13 and incorporation of all such agencies; and 71-14 (B) Licensing and inspecting regularly all such 71-15 agencies to ensure their adherence to established 71-16 standards as prescribed by the department;". SECTION 128. 71-17 Said title is further amended by adding after subsection (a) 71-18 of Code Section 49-5-12, relating to licensing and 71-19 inspection of child welfare agencies, the following 71-20 subsection: 71-21 "(a.1) For the purposes of this Code section and Code 71-22 Section 49-5-12.1, the term: 71-23 (1) 'Board' means the Board of Public Health. 71-24 (2) 'Commissioner' means the commissioner of public 71-25 health. 71-26 (3) 'Department' means the Department of Public Health. SECTION 129. 71-27 Said title is further amended by adding between paragraphs 71-28 (7) and (8) of subsection (a) of Code Section 49-5-41, 71-29 relating to access to child abuse records, the following: 71-30 "(7.1) The commissioner of public health or the 71-31 designee thereof;". SECTION 130. 71-32 Said title is further amended by adding after paragraph (4) 71-33 of Code Section 49-5-60, relating to definitions regarding H. B. No. 528 (SUB) -71- (Index) HB 528/CSFA 72- 1 day-care center employees' records checks, a new paragraph 72- 2 to read as follows: 72- 3 "(4.1) 'Department' means the Department of Public 72- 4 Health." SECTION 131. 72- 5 Said title is further amended by striking paragraph (4) of 72- 6 subsection (a) of Code Section 49-5-225, relating to local 72- 7 interagency committee membership, and inserting in its place 72- 8 the following: 72- 9 "(4) The Division Department of Public Health of the 72-10 Department of Human Resources;". SECTION 132. 72-11 Said title is further amended by striking paragraph (1) of 72-12 Code Section 49-7-2, relating to definitions regarding 72-13 family-planning services, and inserting in its place the 72-14 following: 72-15 "(1) 'Agencies' means the department Department of Human 72-16 Resources, the Department of Public Health, county 72-17 boards of health, health districts, county departments 72-18 of family and children services, and district 72-19 departments of family and children services." SECTION 133. 72-20 Said title is further amended by striking Code Section 72-21 49-7-7, relating to family-planning services programs, and 72-22 inserting in its place the following: 72-23 "49-7-7. (Index) 72-24 The department is Department of Human Resources and the 72-25 Department of Public Health are both authorized and 72-26 directed to develop plans and programs to carry out this 72-27 chapter. Such plans and programs shall include, but shall 72-28 not be limited to, provisions for: 72-29 (1) A training program offered by the each department 72-30 for its employees who are in contact with and counsel 72-31 those persons likely to desire family-planning services. 72-32 Such training program should be designed to provide such 72-33 employees with complete information regarding family 72-34 planning and birth control and all matters related 72-35 thereto; and H. B. No. 528 (SUB) -72- (Index) HB 528/CSFA 73- 1 (2) A systematic plan for coordinating the activities of 73- 2 the each department and its counterparts at the county 73- 3 and district level in the area of family-planning 73- 4 services." SECTION 134. 73- 5 Said title is further amended by striking Code Section 73- 6 49-7-8, relating to rules and regulations, and inserting in 73- 7 its place the following: 73- 8 "49-7-8. (Index) 73- 9 The board is Board of Human Resources and the Board of 73-10 Public Health are authorized and directed to adopt and 73-11 promulgate rules and regulations to carry out this 73-12 chapter. Such rules and regulations shall provide the 73-13 necessary requirements and guides for county and district 73-14 departments of health and departments of family and 73-15 children services." SECTION 135. 73-16 Reserved. SECTION 136. 73-17 Title 50 of the Official Code of Georgia Annotated, relating 73-18 to the state government, is amended by adding after 73-19 subparagraph (N) of paragraph (1) of Code Section 50-5-31, 73-20 relating to definitions regarding state space management, 73-21 the following: 73-22 "(N.1) Space in buildings located on in and used in 73-23 direct support of any facility or institution under 73-24 the jurisdiction of the Department of Public Health." SECTION 137. 73-25 Said title is further amended by adding after paragraph (2) 73-26 of Code Section 50-16-3, relating to property of state 73-27 boards, the following: 73-28 "(2.1) The several institutions operated by the 73-29 Department of Public Health, including all real and 73-30 personal property belonging to the several institutions 73-31 or used in connection therewith, and all other property 73-32 conveyed to the department for the use of any of the 73-33 institutions or conveyed to any of the boards of 73-34 trustees of which the department is the successor or to 73-35 any of the institutions under its control;". H. B. No. 528 (SUB) -73- (Index) HB 528/CSFA SECTION 138. 74- 1 Said title is further amended by striking "Human Resources, 74- 2 Department of ............... one copy" from paragraph (4) 74- 3 of Code Section 50-18-31, relating to distribution of court 74- 4 reports, and inserting in its place the following: 74- 5 "Human Resources, Department of......... one copy 74- 6 Public Health, Department of............ one copy" SECTION 139. 74- 7 Said title is further amended by striking paragraph (2) of 74- 8 subsection (c) of Code Section 50-18-72, relating to 74- 9 exemptions from disclosure, and inserting in its place the 74-10 following: 74-11 "(2) All state officers and employees shall have a 74-12 privilege to refuse to disclose the identity or 74-13 personally identifiable information of any person 74-14 participating in research on commercial, scientific, 74-15 technical, medical, scholarly, or artistic issues 74-16 conducted by the Department of Human Resources, the 74-17 Department of Public Health, or a state institution of 74-18 higher education whether sponsored by the institution 74-19 alone or in conjunction with a governmental body or 74-20 private entity. Personally identifiable information 74-21 shall mean any information which if disclosed might 74-22 reasonably reveal the identity of such person including 74-23 but not limited to the person's name, address, and 74-24 social security number. The identity of such informant 74-25 shall not be admissible in evidence in any court of the 74-26 state unless the court finds that the identity of the 74-27 informant already has been disclosed otherwise." SECTION 140. 74-28 Chapter 26 of said title, the "Georgia Housing and Finance 74-29 Authority Act," is amended by striking paragraphs (6.1), 74-30 (6.2), and (11) of Code Section 50-26-4, relating to 74-31 definitions, and inserting in their respective places the 74-32 following: 74-33 "(6.1) 'Health care services' means any medical, health 74-34 care, or health care related services provided by a 74-35 health care provider licensed as a hospital by the 74-36 Department of Human Resources Public Health under 74-37 Article 1 of Chapter 7 of Title 31, including, without 74-38 limitation, health care services for indigent patients H. B. No. 528 (SUB) -74- (Index) HB 528/CSFA 75- 1 whether or not such services are supported directly or 75- 2 indirectly, and in whole or in part, through any payment 75- 3 or reimbursement program of any federal, state, or local 75- 4 governmental entity, agency, instrumentality, or 75- 5 authority. 75- 6 (6.2) 'Health facility' means any nonprofit health care 75- 7 facility which is licensed as a hospital by the 75- 8 Department of Human Resources Public Health under 75- 9 Article 1 of Chapter 7 of Title 31, owned or operated by 75-10 a participating provider, and utilized, directly or 75-11 indirectly, in health care, medical research, or the 75-12 training or teaching of health care personnel." 75-13 "(11) 'Participating provider' means a nonprofit person, 75-14 corporation, municipal corporation, public corporation, 75-15 or political subdivision or other nonprofit entity, 75-16 public or private, which: 75-17 (A) Is a hospital authority or is affiliated with a 75-18 hospital authority organized and existing under the 75-19 provisions of Article 4 of Chapter 7 of Title 31; or 75-20 (B) Owns or operates, directly or indirectly, or is 75-21 affiliated with, at least one nonprofit health 75-22 facility which is licensed as a hospital by the 75-23 Department of Human Resources Public Health under 75-24 Article 1 of Chapter 7 of Title 31 75-25 and which contracts under this chapter with the 75-26 authority for the financing, refinancing, lease, or 75-27 other acquisition of a project." SECTION 141. 75-28 Each of the following Code sections or parts of Code 75-29 sections is amended by striking the terms "Human Resources" 75-30 and "human resources", wherever either of such terms 75-31 appears, and inserting in their respective places "Public 75-32 Health" or "public health." 75-33 (1) Code Section 4-4-69, relating to regulation of 75-34 manufacture and use of disease vectors; 75-35 (2) Code Section 4-10-10, relating to joint regulation of 75-36 the transportation or sale of exotic or pet birds; 75-37 (3) Code Section 10-1-393, except paragraph (28) of 75-38 subsection (b) thereof, relating to unfair or deceptive 75-39 practices in consumer transactions; H. B. No. 528 (SUB) -75- (Index) HB 528/CSFA 76- 1 (4) Code Section 12-2-8, relating to promulgation of minimum 76- 2 standards and procedures for protection of natural 76- 3 resources, environment, and vital areas of state; 76- 4 (5) Code Section 12-3-9, relating to adoption and 76- 5 promulgation of rules and regulations regarding state parks 76- 6 and other areas; 76- 7 (6) Code Section 12-5-175, relating to fluoridation of 76- 8 public water systems; 76- 9 (7) Code Section 12-5-330, relating to Resources Advisory 76-10 Board, Southeast River Basins; 76-11 (8) Code Section 12-8-1, relating to notice of denial of 76-12 individual sewage disposal permits; 76-13 (9) Code Section 15-11-35.1, relating to disposition of 76-14 child committing delinquent act constituting AIDS 76-15 transmitting crime; 76-16 (10) Code Section 16-12-141, relating to when abortion is 76-17 legal; 76-18 (11) Code Section 16-12-141.1, relating to disposal of 76-19 aborted fetuses; 76-20 (12) Code Section 17-10-15, relating to AIDS transmitting 76-21 crimes; 76-22 (13) Code Section 19-3-40, relating to blood tests before 76-23 marriage; 76-24 (14) Code Section 19-3-41, relating to marriage manual; 76-25 (15) Code Section 20-2-143, relating to sex education and 76-26 AIDS prevention instruction; 76-27 (16) Code Section 20-2-260, relating to capital outlay funds 76-28 for education; 76-29 (17) Code Section 20-2-770, relating to rules and 76-30 regulations for nutritional screening; 76-31 (18) Code Section 20-2-771, relating to immunization of 76-32 students; 76-33 (19) Code Section 20-2-772, relating to rules and 76-34 regulations for screening of students for scoliosis; 76-35 (20) Code Section 21-2-140, relating to mandatory drug 76-36 testing for candidates; H. B. No. 528 (SUB) -76- (Index) HB 528/CSFA 77- 1 (21) Code Section 24-9-40, relating to when privileged 77- 2 medical information may be released; 77- 3 (22) Code Section 24-9-47, relating to disclosure of AIDS 77- 4 confidential information; 77- 5 (23) Code Section 25-2-13, relating to buildings presenting 77- 6 special hazards to persons or property; 77- 7 (24) Code Section 25-3-6, relating to effect of article on 77- 8 powers and duties of other fire and public safety officials 77- 9 and departments; 77-10 (25) Code Section 26-2-371, relating to permits required by 77-11 county board of health or Department of Human Resources; 77-12 (26) Code Section 26-2-372, relating to permits for 77-13 operation of food service establishments; 77-14 (27) Code Section 26-2-373, relating to promulgation of 77-15 rules, regulations, and standards by Department of Human 77-16 Resources for food service establishments; 77-17 (28) Code Section 26-2-374, relating to contents and posting 77-18 of notices relating to assistance to persons choking; 77-19 (29) Code Section 26-2-375, relating to enforcement of 77-20 regulation relative to inspection of food service and food 77-21 sales establishments; 77-22 (30) Code Section 26-2-376, relating to review of final 77-23 order regarding food service establishments by Department of 77-24 Human Resources; 77-25 (31) Code Section 26-2-377, relating to penalty for 77-26 violation of regulations relative to food service 77-27 establishments; 77-28 (32) Code Section 26-3-18, relating to assistance in 77-29 enforcement from Department of Agriculture or Department of 77-30 Human Resources; 77-31 (33) Code Section 26-4-123, relating to issuance of 77-32 dangerous drugs and controlled substances to emergency 77-33 service providers; 77-34 (34) Code Section 26-5-3, relating to definitions regarding 77-35 drug abuse treatment; 77-36 (35) Code Section 33-19-10, relating to limitation as to 77-37 hospitals with which corporations authorized to contract; H. B. No. 528 (SUB) -77- (Index) HB 528/CSFA 78- 1 (36) Code Section 33-21-3, relating to grounds and procedure 78- 2 for issuance or denial of certificate of authority for 78- 3 health maintenance organizations; 78- 4 (37) Code Section 33-21-5, relating to suspension or 78- 5 revocation of certificate of authority for health 78- 6 maintenance organizations; 78- 7 (38) Code Section 33-21-9, relating to establishment and 78- 8 maintenance of complaint system regarding health maintenance 78- 9 organizations; 78-10 (39) Code Section 33-21-15, relating to filing of annual 78-11 reports by health maintenance organizations; 78-12 (40) Code Section 33-21-17, relating to examinations of 78-13 health maintenance organizations; 78-14 (41) Code Section 33-21-18, relating to adoption of rules 78-15 and regulations regarding health maintenance organizations; 78-16 (42) Code Section 33-21-20, relating to conduct of hearings 78-17 regarding health maintenance organizations; 78-18 (43) Code Section 33-21-21, relating to authority of 78-19 commissioner of human resources to contract for making of 78-20 recommendations regarding health maintenance organizations; 78-21 (44) Code Section 33-21-27, relating to enforcement of 78-22 chapter relating to health maintenance organizations; 78-23 (45) Code Section 33-29-3.2, relating to insurance coverage 78-24 for mammograms and Pap smears; 78-25 (46) Code Section 33-30-4.2, relating to insurance coverage 78-26 for mammograms and Pap smears; 78-27 (47) Code Section 33-44-3, relating to creation of Georgia 78-28 High Risk Health Insurance Plan; 78-29 (48) Code Section 33-45-3, relating to certificate of 78-30 authority required for operation of continuing care 78-31 facilities; 78-32 (49) Code Section 34-9-1, relating to workers' compensation 78-33 definitions; 78-34 (50) Code Section 34-9-290, relating to reporting of 78-35 hazardous occupations and cases of occupational disease; 78-36 (51) Code Section 34-9-415, relating to conduct of drug 78-37 testing; H. B. No. 528 (SUB) -78- (Index) HB 528/CSFA 79- 1 (52) Code Section 35-3-15, relating to office of state 79- 2 medical examiner; 79- 3 (53) Code Section 36-42-3, relating to definitions regarding 79- 4 downtown development authorities; 79- 5 (54) Code Section 36-62-2, relating to definitions regarding 79- 6 development authorities; 79- 7 (55) Code Section 38-2-10, relating to use of National Guard 79- 8 in drug law enforcement; 79- 9 (56) Code Section 38-3-22, relating to the Governor's 79-10 emergency management powers and duties; 79-11 (57) Code Section 40-6-392, relating to chemical tests for 79-12 alcohol or drugs; 79-13 (58) Code Section 40-8-76, relating to safety belts and 79-14 safety restraints for children; 79-15 (59) Code Section 42-1-7, relating to notification of 79-16 inmate's or patient's infectious or communicable disease; 79-17 (60) Code Section 42-4-6, relating to confinement and care 79-18 of tubercular inmates; 79-19 (61) Code Section 42-4-32, relating to sanitation and health 79-20 requirements in penal institutions; 79-21 (62) Subsection (f) of Code Section 42-5-52, relating to 79-22 classification and separation of inmates generally; 79-23 (63) Code Section 43-7-9, relating to general powers and 79-24 duties of State Board of Barbers; 79-25 (64) Code Section 43-10-6, relating to certain rules and 79-26 regulations regarding cosmetologists; 79-27 (65) Code Section 43-11-74, relating to direct supervision 79-28 of dental hygienists; 79-29 (66) Code Section 43-18-46, relating to grounds for denial 79-30 or revocation of license for funeral directors; 79-31 (67) Code Section 43-27-1, relating to definitions regarding 79-32 nursing home administrators; 79-33 (68) Subsection (a) of Code Section 43-27-2, relating to 79-34 creation of board to license nursing home administrators; 79-35 (69) Code Section 43-45-3, relating to creation of 79-36 commission regarding pest control; H. B. No. 528 (SUB) -79- (Index) HB 528/CSFA 80- 1 (70) Code Section 44-5-143, relating to anatomical gifts of 80- 2 adult decedents; 80- 3 (71) Code Section 44-5-143.1, relating to anatomical gifts 80- 4 of minor decedents; 80- 5 (72) Code Section 44-5-149, relating to creation of Advisory 80- 6 Board on Anatomical Gift Procurement; 80- 7 (73) Code Section 44-5-150, relating to duties of Advisory 80- 8 Board on Anatomical Gift Procurement; 80- 9 (74) Code Section 44-5-151, relating to HIV test of body 80-10 part or donor; 80-11 (75) Code Section 44-14-470, relating to lien on causes of 80-12 action accruing to injured person for costs of care; 80-13 (76) Code Section 45-2-40, relating to employees to furnish 80-14 certificate of physical fitness for employment; 80-15 (77) Code Section 45-2-41, relating to committee of doctors 80-16 to develop fitness standards; 80-17 (78) Code Section 45-7-7, relating to compensation and 80-18 allowances of certain officials not to be changed without 80-19 giving public notice; 80-20 (79) Code Section 45-9-83, relating to creation of 80-21 indemnification commission; 80-22 (80) Code Section 45-20-90, relating to definitions 80-23 regarding random drug testing of state employees; 80-24 (81) Code Section 45-20-110, relating to definitions 80-25 regarding drug testing for state employment; 80-26 (82) Subsections (b) and (j) of Code Section 46-11-4, 80-27 relating to regulation of transportation of hazardous 80-28 materials; 80-29 (83) Code Section 47-2-297, relating to employees of county 80-30 boards or departments of health in counties having 80-31 population of 550,000 or more; 80-32 (84) Code Section 47-11-50, relating to payment to judge's 80-33 retirement fund of a portion of marriage license fees; 80-34 (85) Code Section 49-4-153, relating to administrative 80-35 hearings and appeals involving imposition of sanctions 80-36 against nursing facilities; 80-37 (86) Code Section 49-5-90, relating to definitions regarding 80-38 emergency protection of children; and H. B. No. 528 (SUB) -80- (Index) HB 528/CSFA 81- 1 (87) Code Section 50-18-76, relating to written matter 81- 2 exempt from disclosure under Code Section 31-10-25. SECTION 142. 81- 3 This Act shall become effective on July 1, 1995, except that 81- 4 if a Code section is amended by this Act and that Code 81- 5 section has not become effective July 1, 1995, the amendment 81- 6 to such Code section shall not become effective until such 81- 7 Code section becomes effective. SECTION 143. 81- 8 All laws and parts of laws in conflict with this Act are 81- 9 repealed. H. B. No. 528 (SUB) -81- (Index)

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