sb48_As_passed_Senate_3.html
05 LC 28 1966
Senate Bill 48
By: Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st

AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT

To state a general intent to eliminate the future "sunset" of certain provisions relating to renal dialysis facilities; to provide that provisions of the Official Code of Georgia Annotated, relating to renal dialysis facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the Official Code of Georgia Annotated, relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526), so as to repeal provisions of such Act which provided for a future repeal or sunset of certain provisions; to amend Code Section 31_44_3 of the Official Code of Georgia Annotated, relating to adoption of rules, establishment of a council, and terms of councilmembers, so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
(a) It is the general intent of this Act to eliminate the future "sunset" of certain provisions relating to renal dialysis facilities. The following provisions of the Official Code of Georgia Annotated, which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly:
(1) Code Section 31_44_1, relating to definitions;
(2) Code Section 31_44_2, relating to fees;
(3) Code Section 31_44_3, relating to adoption of rules and the establishment of the Renal Dialysis Advisory Council;
(4) Code Section 31_44_4, relating to license requirement;
(5) Code Section 31_44_5, relating to exceptions to licensing requirements;
(6) Code Section 31_44_6, relating to application for license; fee; evidence of qualified staff; temporary provisional license; issuance of license; and renewability of license;
(7) Code Section 31_44_7, relating to minimum standards of rules;
(8) Code Section 31_44_8, relating to qualifications of employees;
(9) Code Section 31_44_9, relating to minimum standards for curricula, instructors, and training;
(10) Code Section 31_44_10, relating to inspections;
(11) Code Section 31_44_11, relating to authority of department to deal with violations of Chapter 44 of Title 31 or rules adopted thereunder;
(12) Code Section 31_44_12, relating to deposit of collected penalties;
(13) Code Section 31_44_13, relating to temporary management of facilities;
(14) Code Section 31_44_14, relating to action to enjoin operation of facility; and
(15) Code Section 31_44_15, relating to fee of temporary manager.
(b) The following provision of law is repealed:
Section 4 of an Act amending Title 31 of the Official Code of Georgia Annotated, relating to health, approved April 20, 2000 (Ga. L. 2000, p. 526), which now repealed section would have provided for a future repeal or sunset of certain provisions relating to renal dialysis facilities.

SECTION 2.
Code Section 31_44_3 of the Official Code of Georgia Annotated, relating to adoption of rules, establishment of a council, and terms of councilmembers, is amended by striking subsection (b) and inserting in its place the following:
"(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists dietitians working in renal dialysis facilities."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.