| HB 586 - Health care professionals; scope of practice |
First Reader Summary
A BILL to amend Title 43 of the Official Code of Georgia
Annotated, relating to professions and businesses, so as to
provide for independent review of proposals for changes in the
scope of practice of health care professionals; and for other
purposes.
| House |
Action |
Senate |
| 2/11/99 |
Read 1st Time |
3/10/99 |
| 2/12/99 |
Read 2nd Time |
|
| 3/8/99 |
Favorably Reported |
|
| Sub |
Committee Amend/Sub |
|
| 3/10/99 |
Read 3rd Time |
|
| 3/10/99 |
Passed/Adopted |
|
| CSFA |
Comm/Floor Amend/Sub |
|
HB 586 HB 586/CSFA
H. B. No. 586 (COMMITTEE SUBSTITUTE)(AM)
By: Representatives Houston of the 166th, Ashe of the 46th,
Walker of the 141st, Smyre of the 136th and Irvin of the
45th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 43 of the Official Code of Georgia Annotated,
1- 2 relating to professions and businesses, so as to provide for
1- 3 independent review of proposals for changes in the scope of
1- 4 practice of health care professionals; to provide that such
1- 5 review should be carried out before the General Assembly
1- 6 acts on such proposals; to state legislative findings and
1- 7 intent; to provide for submission of proposals to the state
1- 8 auditor; to provide for appointment of review committees by
1- 9 the state auditor; to provide for the membership,
1-10 operations, powers, duties, service, and compensation of
1-11 such committees; to provide for reports; to provide for
1-12 related matters; to repeal conflicting laws; and for other
1-13 purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-15 SECTION 1.
1-16 Title 43 of the Official Code of Georgia Annotated, relating
1-17 to professions and businesses, is amended by adding after
1-18 Chapter 1B a new Chapter 1C to read as follows:
1-19 43-1C-1.
1-20 The General Assembly finds and determines that legislation
1-21 changing the scope of practice of health care
1-22 professionals should be addressed by the General Assembly
1-23 only after, and with the benefit of, an impartial review.
1-24 The General Assembly recognizes that it may not abridge
1-25 its powers, but intends that the procedures provided for
1-26 in this chapter should be followed for the improvement of
1-27 the legislative process and the benefit of the public
1-28 health and welfare.
1-29 43-1C-2.
1-30 As used in this chapter, the term:
-1-
2- 1 (1) 'Applicant group' means any group of health care
2- 2 professionals.
2- 3 (2) 'Health care profession' means the practice engaged
2- 4 in by any of the following: chiropractors; dentists;
2- 5 dental hygenists; dietitians; hearing aid dealers and
2- 6 dispensers; nurses; nursing home administrators;
2- 7 occupational therapists; opticians; optometrists;
2- 8 physicians; physician's assistants; pharmacists;
2- 9 respiratory care professionals; podiatrists;
2-10 psychologists; audiologists; speech language
2-11 pathologists; aides, assistants, or other persons
2-12 engaged in the provision of assistance to any of the
2-13 foregoing; and any other profession involving the
2-14 provision of health care services which is now or
2-15 hereafter licensed or regulated under the laws of this
2-16 state.
2-17 (3) 'Health care professional' means any person engaged
2-18 in the practice of a health care profession.
2-19 43-1C-3.
2-20 (a) No legislation to change the scope of practice of a
2-21 health care profession should be considered by any
2-22 standing committee of the Senate or House of
2-23 Representatives until and unless the review provided for
2-24 in this chapter has been completed.
2-25 (b) Any applicant group which proposes or seeks the
2-26 adoption of legislation to change the permissible scope of
2-27 practice of any health care profession should submit such
2-28 proposal to the state auditor for review as provided for
2-29 in this chapter no later than July 1 of the year prior to
2-30 the convening of the legislative session at which such
2-31 legislation will be proposed.
2-32 (c) If any legislation to change the scope of practice of
2-33 a health care profession is introduced without prior
2-34 submission of the proposal under subsection (b) of this
2-35 Code section, the chairperson of the standing committee to
2-36 which the legislation is assigned should submit the
2-37 legislation to the state auditor for review as provided in
2-38 this chapter.
2-39 43-1C-4.
2-40 (a) Upon submission of a proposal as provided in Code
2-41 Section 42-1C-3, the state auditor shall establish a
2-42 committee to review such proposal, by appointing thereto:
-2-
3- 1 (1) Four impartial health care professionals who are not
3- 2 directly affected by the proposed change;
3- 3 (2) Five public members who are not active, inactive, or
3- 4 retired health care professionals;
3- 5 (3) Two members who are active practitioners of the
3- 6 professions affected by the proposed legislation; and
3- 7 (4) Two members shall be appointed by the chair of the
3- 8 committee where the legislation has been assigned.
3- 9 (b) The state auditor shall designate one of the public
3-10 members to chair the committee and another public member
3-11 to serve as vice chair of the committee.
3-12 (c) Any vacancy which occurs on the committee prior to
3-13 completion of its work may, in the discretion of the state
3-14 auditor, remain unfilled or be filled by the state
3-15 auditor's appointment of a replacement member meeting the
3-16 same qualifications as the member whose position has
3-17 become vacant.
3-18 (d) Members of a committee shall receive the daily expense
3-19 allowance authorized for members of the General Assembly
3-20 for each day spent attending meetings of the committee.
3-21 In addition to such amount, members shall be reimbursed
3-22 for all actual travel expenses.
3-23 (e) Staff services necessary or appropriate for
3-24 performance of the functions of a committee shall be
3-25 provided by the Department of Audits.
3-26 43-1C-5.
3-27 Any proposal submitted as provided in Code Section 43-1C-4
3-28 shall address each of the following issues:
3-29 (1) A definition of the problem and why a change in
3-30 scope of practice is necessary, including the extent to
3-31 which consumers need and will benefit from health care
3-32 professionals with this scope of practice;
3-33 (2) The extent to which the public can be confident
3-34 that, if the change in scope of practice is authorized,
3-35 the health professionals engaging in the altered scope
3-36 of practice will be competent, including:
3-37 (A) Evidence that the regulatory board of the affected
3-38 health profession has functioned adequately in
3-39 protecting the public;
-3-
4- 1 (B) Evidence that effective quality assurance
4- 2 standards exist in the health profession to cover the
4- 3 proposed scope of practice; and
4- 4 (C) Evidence that state approved educational programs
4- 5 provide or are willing to provide core curriculum
4- 6 adequate to prepare health professionals for the
4- 7 proposed scope of practice;
4- 8 (3) The extent to which the proposed scope of practice
4- 9 may harm the public, including the extent to which the
4-10 proposed scope of practice may restrict entry into
4-11 practice and the extent to which the proposed scope of
4-12 practice will require health care professionals from
4-13 other jurisdictions who migrate to this state to undergo
4-14 reeducation or new training;
4-15 (4) The cost to this state and to the general public of
4-16 implementing the proposed scope of practice; and
4-17 (5) Whether members of the affected health care
4-18 profession or any other health care profession object to
4-19 the proposed scope of practice, and, if so, why such
4-20 objections are not valid.
4-21 43-1C-6.
4-22 (a) A committee appointed under Code Section 43-1C-4
4-23 shall, not later than December 1 of the year the proposal
4-24 was submitted to the state auditor as provided in Code
4-25 Section 43-1C-3:
4-26 (1) Review the proposal for which it was appointed with
4-27 respect to the issues identified in Code Section 43-1C-5
4-28 and issues relevant to the public health and welfare;
4-29 (2) Hold one or more public hearings with respect to the
4-30 proposal;
4-31 (3) Prepare a written report making findings of fact and
4-32 a recommendation with respect to whether or not the
4-33 proposed scope of practice is in the public interest;
4-34 and
4-35 (4) Submit such report to the state auditor, the
4-36 Governor, the President of the Senate, the Speaker of
4-37 the House of Representatives, and to each member of the
4-38 General Assembly."
-4-
5- 1 SECTION 2.
5- 2 All laws and parts of laws in conflict with this Act are
5- 3 repealed.
-5-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/11/99
