hb566.html

05 LC 33 0702

House Bill 566

By: Representatives Loudermilk of the 14th, Maddox of the 172nd, Rice of the 51st, Coan of the 101st, Burmeister of the 119th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating to family-planning services, so as to define certain terms; to authorize agencies to provide medical referral services under certain conditions; to require parental notification for an unemancipated minor to receive medical referral services or birth control devices; to change certain provisions relating to right to refuse services; to change certain provisions relating to right of employee to refuse to offer services; to change certain provisions relating to plans and programs to carry out chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating to family-planning services, is amended by striking Code Section 49-7-2, relating to definitions, and inserting in lieu thereof the following:

"49-7-2.

As used in this chapter, the term:

(1) 'Agencies' means the department, county boards of health, health districts, county departments of family and children services, and district departments of family and children services.

(2) 'Birth control device' or 'contraceptive' means any drug, medical preparation, medical procedure, medical device, rhythm chart, or any related product whose primary function is to prevent impregnation during sexual activity.

(3) 'Family-planning services' means counseling and interviews with trained personnel regarding birth control, infertility, and family-planning methods and procedures; and distribution of literature relating to birth control, infertility, and family planning; referral to licensed physicians or local health departments for consultation, examination, tests, medical treatment, and prescriptions for the purposes of birth control, infertility, and family planning; and, to the extent prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices, and similar products used for birth control and family planning.

(4) 'Medical referral services' means referral to licensed physicians or local health departments for consultation, examination, tests, medical treatment, and prescriptions for the purposes of birth control, infertility, and family planning.

(5) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the persońs photograph, or both, including, but not limited to, a driveŕs license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service.

(6) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such persońs parent or parents, guardian, or the juvenile court of competent jurisdiction."

SECTION 2.

Said chapter is further amended by adding a new Code section after Code Section 49-7-3, relating to persons to whom agencies may offer services, to read as follows:

"49-7-3.1.

Within the limitations of the funds available to such agencies, all agencies are further authorized to offer medical referral services, contraceptives, and birth control devices to any person who is not an unemancipated minor and is requesting such services."

SECTION 3.

Said chapter is further amended by striking Code Sections 49-7-4 through 49-7-7 and inserting in their respective places the following:

"49-7-4.

Agencies may support family-planning services at no cost to the recipients of such services in accordance with rules and regulations of said agencies. The agencies, employees of such agencies, or contractors of the agencies shall not provide any medical referral service or birth control device to an unemancipated minor unless such minor is accompanied by a parent or guardian who shows proper identification and states that such parent or guardian is the lawful parent or guardian of such minor and that such parent or guardian has been notified that such service or device has been requested by such minor.

49-7-5.

The refusal of any person to accept family-planning services or medical referral services shall in no way affect the right of such person to receive public assistance or public health services or to avail himself or herself of any other public benefit. The employees of the agencies engaged in the administration of this chapter shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual; and nothing in this chapter shall in any way abridge such individual right, nor shall any individual be required to state his or her reason for refusing the offer of family-planning services or medical referral services.

49-7-6.

Any employee of the agencies engaged in the administration of this chapter may refuse to accept the duty of offering family-planning services or medical referral services to the extent that such duty is contrary to such employeés personal religious beliefs; and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his or her employment, for suspension from employment, or for any loss in pay or other benefits. The directors or supervisors of such agencies shall be authorized, however, to reassign the duties of any such employees in order to carry out this chapter effectively.

49-7-7.

The department is authorized and directed to develop plans and programs to carry out this chapter. Such plans and programs shall include, but shall not be limited to, provisions for:

(1) A training program offered by the department for its employees who are in contact with and counsel those persons likely to desire family-planning services or medical referral services. Such training program should be designed to provide such employees with complete information regarding family planning and birth control and all matters related thereto; and

(2) A systematic plan for coordinating the activities of the department and its counterparts at the county and district level in the area of family-planning services or medical referral services."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.