07 LC 33
1631
House
Bill 47
By:
Representative Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend various titles of the Official Code of Georgia Annotated so as to combine
the Department of Human Resources and the Department of Community Health into
the Department of Health; to make global name changes for the department,
commissioner, and board of human resources; to make global name changes for the
department, commissioner, and board of community health; to amend delayed Code
sections to reflect the revised names; to change provisions for conformity
purposes; to establish the Department of Health and provide for transition; to
provide for effective dates; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
Global name changes for
department, commissioner, and board of human resources
SECTION 1-1.
Global name changes for
department, commissioner, and board of human resources
SECTION 1-1.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "Department of Human Resources" wherever that term occurs and inserting
in its place "Department of Health":
(1)
Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or
modification of pesticide licenses, permits, or certifications;
(2)
Code Section 4-4-69, relating to regulation of manufacture and use of disease
vectors;
(3)
Code Section 4-10-10, relating to joint regulation by the Department of
Agriculture and the Department of Human Resources for dealers in exotic birds
and pet birds;
(4)
Code Section 10-1-393, relating to unfair or deceptive practices in consumer
transactions that are unlawful;
(5)
Code Section 10-1-855, relating to referral procedures to provide and
intervention and assistance;
(6)
Code Section 10-5-4, relating to denial, suspension, or revocation of
registration of securities dealer, salesman, investment adviser, or investment
adviser representative;
(7)
Code Section 12-2-8, relating to promulgation of minimum standards and
procedures for protection of natural resources, environment, and vital areas of
state;
(8)
Code Section 12-3-9, relating to adoption and promulgation by Board of Natural
Resources of rules and regulations regarding parks, historic sites, and
recreational areas;
(9)
Code Section 12-5-175, relating to fluoridation of public water
systems;
(10)
Code Section 12-6-49.1, relating to denial or suspension of license of a
registered forester for noncompliance with child support order;
(11)
Code Section 12-8-1, relating to notice of denial of individual sewage disposal
permits;
(12)
Code Section 15-11-8, relating to expenses charged to the county in juvenile
proceedings;
(13)
Code Section 15-11-14, relating to emergency care and supervision of child by
the Department of Human Resources;
(14)
Code Section 15-11-15, relating to detainment of child in temporary protective
custody of physician;
(15)
Code Section 15-11-19, relating to the establishment of the Council of Juvenile
Court Judges;
(16)
Code Section 15-11-55, relating to disposition of deprived child;
(17)
Code Section 15-11-58, relating to reasonable efforts regarding reunification of
family;
(18)
Code Section 15-11-63, relating to designated felony acts regarding delinquent
and unruly children;
(19)
Code Section 15-11-66.1, relating to disposition of child committing delinquent
act constituting AIDS transmitting crime;
(20)
Code Section 15-11-71, relating to supervision fees regarding delinquent and
unruly children;
(21)
Code Section 15-11-73, relating to juvenile traffic offenses;
(22)
Code Section 15-11-103, relating to placement of child following termination
order;
(23)
Code Section 15-11-149, relating to disposition of mentally ill or mentally
retarded child;
(24)
Code Section 15-11-152, relating to ordering evaluation of child´s mental
condition;
(25)
Code Section 15-11-171, relating to definitions regarding the Child Advocate for
the Protection of Children;
(26)
Code Section 15-11A-4, relating to appointment of personnel to the Family Court
Division of the Superior Court of Fulton County;
(27)
Code Section 15-18-14, relating to the appointment of district
attorneys;
(28)
Code Section 15-21-142, relating to the establishment of the Brain and Spinal
Injury Trust Fund Commission;
(29)
Code Section 16-6-13.1, relating to required testing for sexually transmitted
diseases;
(30)
Code Section 16-7-83, relating to persons convicted or under indictment for
certain offenses;
(31)
Code Section 16-11-129, relating to licenses to carry a pistol or
revolver;
(32)
Code Section 16-12-141, relating to when abortion is legal;
(33)
Code Section 16-12-141.1, relating to disposal of aborted fetuses;
(34)
Code Section 17-7-130, relating to proceedings upon plea of mental incompetency
to stand trial;
(35)
Code Section 17-7-131, relating to proceedings upon plea of insanity or mental
incompetency at time of crime;
(36)
Code Section 17-10-15, relating to AIDS transmitting crimes;
(37)
Code Section 17-18-1, relating to duty of certain officials to offer written
statement of information to victims of rape or forcible sodomy;
(38)
Code Section 18-4-131, relating to definitions relative to continuing
garnishment for support;
(39)
Code Section 19-3-35.1, relating to AIDS brochures;
(40)
Code Section 19-3-41, relating to a marriage manual;
(41)
Code Section 19-6-15, relating to child support in final verdict or decree,
guidelines for determining amount of award, continuation of duty to provide
support, and duration of support;
(42)
Code Section 19-6-31, relating to definitions relative to entering income
deduction order or medical support notice for award of child support and notice
and service of income deduction order;
(43)
Code Section 19-6-33.1, relating to the family support registry;
(44)
Code Section 19-6-51, relating to members, terms, chairperson, other officers,
committees, staffing, and funding for the Georgia Child Support
Commission;
(45)
Code Section 19-7-5, relating to child abuse reporting;
(46)
Code Section 19-7-6, relating to reporting of juvenile drug use;
(47)
Code Section 19-7-22, relating to petition for legitimation of
child;
(48)
Code Section 19-7-40, relating to jurisdiction in determination of paternity
proceedings;
(49)
Code Section 19-7-43, relating to petitions to establish paternity;
(50)
Code Section 19-7-52, relating to whom child support payments are
made;
(51)
Code Section 19-7-54, relating to motions to set aside determination of
paternity;
(52)
Code Section 19-8-1, relating to definitions relative to adoption;
(53)
Code Section 19-8-5, relating to surrender or termination of parental or
guardian´s rights where child to be adopted by a third party;
(54)
Code Section 19-8-23, relating to where records of adoption kept, examination by
parties and attorneys, and use of information by agency and
department;
(55)
Code Section 19-8-26, relating to how surrender of parental rights is executed,
how and when it may be withdrawn, and forms;
(56)
Code Section 19-10A-2, relating to the definition of "medical facility" for
purposes of the "Safe Place for Newborns Act of 2002";
(57)
Code Section 19-10A-5, relating to investigating and reporting utilization of
provisions;
(58)
Code Section 19-10A-6, relating to reimbursement of medical costs and placement
with the Department of Human Resources;
(59)
Code Section 19-11-3, relating to definitions relative to the "Child Support
Recovery Act";
(60)
Code Section 19-11-9.1, relating to the duty to furnish information about
obligor to department;
(61)
Code Section 19-11-9.2, relating to duty of employers to report hiring or
rehiring of persons;
(62)
Code Section 19-11-9.3, relating to suspension or denial of license for
noncompliance with child support order;
(63)
Code Section 19-11-18, relating to collection procedures for child support
payments;
(64)
Code Section 19-11-30.1, relating to a computer based registry;
(65)
Code Section 19-11-30.2, relating to definitions and information from financial
institutions;
(66)
Code Section 19-11-30.3, relating to the responsibility of the Department of
Human Resources Bank Match Registry;
(67)
Code Section 19-11-58, relating to the Department of Human Resources designated
as the state information agency;
(68)
Code Section 19-11-102, relating to designated tribunals under the "Uniform
Interstate Family Support Act";
(69)
Code Section 19-11-110, relating to jurisdiction relative to establishing,
enforcing, or modifying a support order or to determine parentage;
(70)
Code Section 19-11-127, relating to the authority of the district attorney to
represent the Department of Human Resources under the "Uniform Interstate Family
Support Act";
(71)
Code Section 19-11-129, relating to the state information agency for purposes of
the "Uniform Interstate Family Support Act";
(72)
Code Section 19-13-20, relating to definitions relative to family violence
shelters;
(73)
Code Section 19-13-32, relating to membership of the State Commission on Family
Violence;
(74)
Code Section 19-14-3, relating to the establishment of the State Children´s
Trust Fund Commission;
(75)
Code Section 19-15-1, relating to definitions relative to child abuse;
(76)
Code Section 19-15-2, relating to child abuse protocol committee;
(77)
Code Section 19-15-3, relating to county multiagency child fatality review
committee;
(78)
Code Section 19-15-4, relating to the Georgia Child Fatality Review
Panel;
(79)
Code Section 20-1A-60, relating to definitions relative to the Georgia Child
Care Council;
(80)
Code Section 20-2-133, relating to free public instruction under the "Quality
Basic Education Act";
(81)
Code Section 20-2-142, relating to prescribed public school courses and the
development and dissemination of instructional materials on the effect of
alcohol;
(82)
Code Section 20-2-143, relating to sex education and AIDS prevention instruction
in public schools;
(83)
Code Section 20-2-144, relating to mandatory instruction in public schools
concerning alcohol and drug use;
(84)
Code Section 20-2-250, relating to projects to improve effectiveness of programs
within a school or school system;
(85)
Code Section 20-2-260, relating to capital outlay funds generally for public
schools;
(86)
Code Section 20-2-301, relating to the Coordinating Committee for Exceptional
Individuals;
(87)
Code Section 20-2-696, relating to duties of visiting teachers and attendance
officers;
(88)
Code Section 20-2-770, relating to rules and regulations for nutritional
screening and eye, ear, and dental examinations of students;
(89)
Code Section 20-2-771, relating to immunization of students;
(90)
Code Section 20-2-772, relating to rules and regulations for screening of
students for scoliosis;
(91)
Code Section 20-3-476, relating to authorization and administration of loan
program for attendance at Colleges of Osteopathic Medicine;
(92)
Code Section 20-3-513, relating to determination of amount by board for medical
scholarships;
(93)
Code Section 20-3-660, relating to program of postsecondary education grants
created for foster children and adopted children;
(94)
Code Section 24-9-40, relating to when medical information may be released by
physician, hospital, health care facility, or pharmacist;
(95)
Code Section 24-9-47, relating to disclosure of AIDS confidential
information;
(96)
Code Section 24-9-101, relating to definitions relative to the use of sign
language and intermediary interpreter in administrative and judicial
proceedings;
(97)
Code Section 25-2-13, relating to buildings presenting special hazards to
persons or property due to fire;
(98)
Code Section 25-3-6, relating to the effect of article relative to local fire
departments on the powers and duties of other officials and
departments;
(99)
Code Section 26-2-371, relating to permits required to operate a food service
establishment;
(100)
Code Section 26-2-372, relating to the issuance of permits to operate a food
service establishments;
(101)
Code Section 26-2-373, relating to the promulgation of rules, regulations, and
standards by the Department of Human Resources and county boards of health
relative to food service establishments;
(102)
Code Section 26-2-374, relating to contents and posting of notices relating to
assistance to persons choking;
(103)
Code Section 26-2-375, relating to the enforcement of the article regarding food
service establishments;
(104)
Code Section 26-2-376, relating to review of final order or determination by
Department of Human Resources regarding a food service establishment
permit;
(105)
Code Section 26-2-377, relating to penalty for violation of article regarding
food service establishments;
(106)
Code Section 26-3-18, relating to assistance in enforcement from Department of
Agriculture or Department of Human Resources regarding standards, labeling, and
adulteration of drugs and cosmetics;
(107)
Code Section 26-4-5, relating to definitions relative to pharmacists and
pharmacies;
(108)
Code Section 26-4-85, relating to patient counseling relative to prescription
drug orders;
(109)
Code Section 26-4-116, relating to emergency service providers and contracts
with issuing pharmacies;
(110)
Code Section 26-4-172, relating to license requirements generally under the
"Nuclear Pharmacy Law";
(111)
Code Section 26-5-3, relating to definitions relative to drug abuse treatment
and education programs;
(112)
Code Section 29-4-2, relating to qualifications of guardians selected for
adults;
(113)
Code Section 29-4-3, relating to order of preference in selection of
guardians;
(114)
Code Section 29-9-10, relating to oath of guardianship by delegate of Department
of Human Resources;
(115)
Code Section 29-10-3, relating to qualifications and requirements to be eligible
to serve as a public guardian;
(116)
Code Section 29-10-4, relating to registration with the probate court as a
public guardian;
(117)
Code Section 29-10-10, relating to compensation of public
guardians;
(118)
Code Section 29-10-11, relating to appropriation of funds for compensation of
public guardians in certain circumstances;
(119)
Code Section 30-1-5, relating to "hearing impaired person" defined;
(120)
Code Section 30-2-7, relating to compensation of workers in Georgia Industries
for the Blind;
(121)
Code Section 30-5-3, relating to definitions relative to the protection of
disabled adults and elder persons;
(122)
Code Section 30-5-10, relating to cooperative efforts in development of programs
relating to abuse and exploitation of persons 65 years of age or
older;
(123)
Code Section 30-8-1, relating to the creation, purpose, members, duties,
funding, and expenses of the Governor´s Council on Developmental
Disabilities;
(124)
Code Section 31-1-1, relating to definitions relative to general health
provisions;
(125)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(126)
Code Section 31-1-8, relating to notice of proposed special health related
facility;
(127)
Code Section 31-2-7, relating to standards for sewage management
systems;
(128)
Code Section 31-2-9, relating to suicide preventions program and staffing of
such program;
(129)
Code Section 31-3-4, relating to the powers of county boards of
health;
(130)
Code Section 31-3-11, relating to appointments of director and staff of county
boards of health;
(131)
Code Section 31-4-2, relating to the duties of the Council on Maternal and
Infant Health;
(132)
Code Section 31-5-1, relating to adoption of rules and regulations by the
Department of Human Resources and county boards of health;
(133)
Code Section 31-5-9, relating to injunctions for enjoining violations of the
provisions of Title 31;
(134)
Code Section 31-5-20, relating to definitions relative to inspection warrants
for the enforcement of certain laws;
(135)
Code Section 31-5-21, relating to persons who may obtain inspection
warrants;
(136)
Code Section 31-7-1, relating to definitions relative to the regulation of
hospitals and related institutions;
(137)
Code Section 31-7-2.1, relating to rules and regulations, the availability of
reports of cited deficiencies, and the disclosure of survey worksheets and
documents relative to hospitals and related institutions;
(138)
Code Section 31-7-29, relating to the protection of rights and interests of
bondholders of bonds issued by the Georgia Building Authority
(Hospital);
(139)
Code Section 31-7-35, relating to fees, rentals, and charges for the use of
projects under the Georgia Building Authority (Hospital);
(140)
Code Section 31-7-95, relating to funding of medical education provided by
hospital authorities and designated teaching hospitals;
(141)
Code Section 31-7-133, relating to confidentiality of a review
organization´s records in a peer review;
(142)
Code Section 31-7-172, relating to definitions relative to hospice
care;
(143)
Code Section 31-7-175, relating to the administration of the 'Georgia Hospice
Law' by the Department of Human Resources;
(144)
Code Section 31-7-300, relating to definitions relative to private home care
providers;
(145)
Code Section 31-8-1, relating to the establishment and purpose of the Hospital
Care for the Indigent Program;
(146)
Code Section 31-8-36, relating to state appropriations to the Nonresident
Indigent Health Care Fund;
(147)
Code Section 31-8-46, relating to the investigation, penalties, and rules and
regulations relative to the requirement of hospitals with emergency services to
provide care to pregnant women in labor;
(148)
Code Section 31-8-52, relating to the establishment of a long-term care
ombudsman program;
(149)
Code Section 31-8-82, relating to reporting of abuse or exploitation of a
resident of a long-term care facility;
(150)
Code Section 31-8-116, relating to the involuntary transfer of residents
discharged from long-term care facilities;
(151)
Code Section 31-8-193, relating to the establishment of a program to provide
health care services to low-income recipients;
(152)
Code Section 31-9A-4, relating to information to be made available by the
Department of Human Resources relative to the "Woman´s Right to Know
Act";
(153)
Code Section 31-10-1, relating to definitions relative to vital
records;
(154)
Code Section 31-10-9.1, relating to social security account information of
parents;
(155)
Code Section 31-11-1, relating to findings and declaration of policy by the
General Assembly relative to emergency medical services;
(156)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communications
Program;
(157)
Code Section 31-11-50, relating to medical advisers for ambulance
services;
(158)
Code Section 31-11-81, relating to definitions relative to emergency
services;
(159)
Code Section 31-12-1, relating to the power to conduct research and studies
relative to the control of hazardous conditions, preventable diseases, and
metabolic diseases;
(160)
Code Section 31-12A-9, relating to a public education program under the "Georgia
Smokefree Air Act of 2005";
(161)
Code Section 31-12A-10, relating to enforcement by the Department of Human
Resources and county boards of health of the "Georgia Smokefree Air Act of
2005";
(162)
Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation
Control Act";
(163)
Code Section 31-13-4, relating to the administration of a state-wide radiation
control program for radiation generating equipment;
(164)
Code Section 31-13-5, relating to powers and duties of the Department of Human
Resources and the Department of Natural Resources with regard to radiation
control;
(165)
Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic
medical uses of radioactive materials;
(166)
Code Section 31-13-9, relating to records of use of radiation sources and
exposure of employees to radiation;
(167)
Code Section 31-13-10, relating to suspension, revocation, and amendment of
license or registration of radiation generating equipment;
(168)
Code Section 31-13-11, relating to impounding and condemnation of radiation
generating equipment and radioactive materials;
(169)
Code Section 31-13-12, relating to license required relative to radiation
sources;
(170)
Code Section 31-13-13, relating to penalties under the "Georgia Radiation
Control Act";
(171)
Code Section 31-13-23, relating to the transfer of powers and duties by the
Governor between the Department of Natural Resources and the Department of Human
Resources;
(172)
Code Section 31-14-2, relating to petition for commitment relative to
hospitalization for tuberculosis;
(173)
Code Section 31-14-9, relating to procedure for securing discharge from
hospitalization for tuberculosis;
(174)
Code Section 31-15-2, relating to the establishment of a program for the care
and treatment of cancer patients;
(175)
Code Section 31-15-4, relating to a cancer control officer;
(176)
Code Section 31-16-2, relating to the establishment of a program for the care
and treatment of chronic renal disease patients;
(177)
Code Section 31-17-2, relating to the report of diagnosis or treatment of
venereal disease to health authorities;
(178)
Code Section 31-17-3, relating to the examination and treatment of venereal
disease by health authorities;
(179)
Code Section 31-17A-2, relating to the examination of persons infected with HIV
and the administration of an HIV test;
(180)
Code Section 31-17A-3, relating to refusal to consent to HIV test;
(181)
Code Section 31-18-3, relating to reporting procedures relative to the registry
for traumatic brain and spinal cord injuries;
(182)
Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury
Trust Fund Commission;
(183)
Code Section 31-20-1, relating to definitions relative to the performance of
sterilization procedures;
(184)
Code Section 31-21-5, relating to incineration or cremation of a dead body or
parts thereof;
(185)
Code Section 31-22-2, relating to licenses to operate clinical
laboratories;
(186)
Code Section 31-22-9.1, relating to who may perform HIV tests;
(187)
Code Section 31-22-9.2, relating to report of positive results of an HIV
test;
(188)
Code Section 31-23-3, relating to hospitals or medical schools which may operate
eye banks;
(189)
Code Section 31-24-4, relating to labeling of containers of blood;
(190)
Code Section 31-26-2, relating to the requirement of certificates to practice
midwifery;
(191)
Code Section 31-27-2, relating to the permit requirement to hold a mass
gathering;
(192)
Code Section 31-28-2, relating to the issuance of permits for tourist
courts;
(193)
Code Section 31-28-5, relating to standards for health, sanitation, and safety
of tourist courts;
(194)
Code Section 31-28-6, relating to the inspection of premises of tourist
courts;
(195)
Code Section 31-30-9, relating to when Chapter 30 of Title 31 will become
effective;
(196)
Code Section 31-34-5, relating to service cancelable loans for physicians in
rural areas;
(197)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency responders;
(198)
Code Section 31-40-2, relating to issuance of permits to operate tattoo
studios;
(199)
Code Section 31-40-5, relating to rules and regulations relative to tattoo
studios;
(200)
Code Section 31-40-6, relating to enforcement of Chapter 40 of Title
31;
(201)
Code Section 31-40-8, relating to a public education program relative to tattoo
studios;
(202)
Code Section 31-45-8, relating to inspections of public swimming pools by the
county board of health;
(203)
Code Section 31-45-9, relating to the suspension or revocation of a permit for a
public swimming pool;
(204)
Code Section 31-45-10, relating to rules and regulations relative to public
swimming pools;
(205)
Code Section 33-19-10, relating to the limitation as to hospitals with which
corporations are authorized to contract;
(206)
Code Section 33-24-28, relating to termination of insurance coverage of
dependent child upon attainment of specified age;
(207)
Code Section 33-24-59.7, relating to insurance coverage for the treatment of
morbidly obese patients;
(208)
Code Section 33-29-3.2, relating to individual accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(209)
Code Section 33-30-4.2, relating to group accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(210)
Code Section 34-8-199, relating to definitions, disclosure, and withholding
uncollected overissuance relative to unemployment compensation;
(211)
Code Section 34-9-1, relating to definitions relative to workers´
compensation;
(212)
Code Section 34-9-415, relating to conduct of testing for drug-free workplace
programs;
(213)
Code Section 35-1-8, relating to the acquisition, collection, classification,
and preservation of information assisting in identifying deceased persons and
locating missing persons;
(214)
Code Section 36-42-3, relating to definitions relative to downtown development
authorities;
(215)
Code Section 36-62-2, relating to definitions relative to development
authorities;
(216)
Code Section 37-1-1, relating to definitions relative to general provisions of
mental health;
(217)
Code Section 37-1-20, relating to the Division of Mental Health, Developmental
Disabilities, and Addictive Diseases;
(218)
Code Section 37-1-90, relating to injunctions for the purpose of enjoining
violations of the provisions of Title 37;
(219)
Code Section 37-2-2, relating to definitions relative to the administration of
mental health, developmental disabilities, addictive diseases, and other
disability services;
(220)
Code Section 37-2-2.1, relating to the creation of the Division of Mental
Health, Developmental Disabilities, and Addictive Diseases;
(221)
Code Section 37-2-11.2, relating to access by the Department of Human Resources
or regional office to records of any program receiving public
funds;
(222)
Code Section 37-3-146, relating to education of children undergoing treatment in
a facility for mental illness;
(223)
Code Section 37-3-150, relating to the right of patients to appeal orders of the
probate court relating to treatment for mental illness;
(224)
Code Section 37-4-2, relating to definitions relative to the habilitation of the
mentally retarded generally;
(225)
Code Section 37-4-4, relating to coordination of training programs for the
mentally retarded;
(226)
Code Section 37-4-110, relating to appeal rights of clients, their
representatives, or attorneys relative to habilitation of the mentally
retarded;
(227)
Code Section 37-5-4, relating to applicability of Chapter 5 of Title
37;
(228)
Code Section 37-5-7, relating to the duty of the Department of Human Resources
to provide consulting and financial assistance to county boards of
health;
(229)
Code Section 37-7-3, relating to coordination of a state drug and alcohol abuse
program;
(230)
Code Section 37-7-146, relating to education of children undergoing treatment in
a treatment facility for alcoholics, drug dependent individuals, and drug
abusers;
(231)
Code Section 37-7-150, relating to the right of patients to appeal orders of the
probate court relating to treatment for alcoholics, drug dependent individuals,
and drug abusers;
(232)
Code Section 37-10-2, relating to the Interstate Compact on Mental
Health;
(233)
Code Section 38-3-22, relating to the Governor´s emergency management
powers and duties;
(234)
Code Section 38-3-51, relating to emergency powers of the Governor;
(235)
Code Section 39-4-1, relating to the definition of "appropriate public
authority" relative to the Interstate Compact on the Placement of
Children;
(236)
Code Section 39-4-2, relating to the definition of "appropriate authority in the
receiving state" relative to the Interstate Compact on the Placement of
Children;
(237)
Code Section 40-2-86.21, relating to special license plates promoting certain
beneficial projects and supporting certain worthy agencies, funds, or nonprofit
corporations;
(238)
Code Section 40-5-2, relating to keeping of records of applications for
drivers´ licenses and information on licensees;
(239)
Code Section 40-5-25, relating to application fees for instruction permits and
drivers´ licenses;
(240)
Code Section 40-5-54.1, relating to the denial or suspension of a driver´s
license for noncompliance with a child support order;
(241)
Code Section 40-5-64, relating to limited driving permits for certain
offenders;
(242)
Code Section 40-5-82, relating to administration of the Driver Improvement
Program;
(243)
Code Section 40-6-392, relating to chemical tests for alcohol or drugs in
blood;
(244)
Code Section 42-1-7, relating to notification to transporting law enforcement
agency of inmate´s or patient´s infectious or communicable
disease;
(245)
Code Section 42-1-12, relating to the State Sexual Offender
Registry;
(246)
Code Section 42-1-13, relating to the Sexual Offender Registration Review
Board;
(247)
Code Section 42-4-6, relating to confinement and care of tubercular
inmates;
(248)
Code Section 42-4-32, relating to sanitation and health requirements for jails
generally;
(249)
Code Section 42-5-52, relating to classification and separation of inmates
generally;
(250)
Code Section 42-5-52.1, relating to submission to HIV test by
inmates;
(251)
Code Section 42-8-35.3, relating to conditions of probation for stalking or
aggravated stalking;
(252)
Code Section 42-9-41, relating to the duty of the State Board of Pardons and
Paroles to obtain and place in records information respecting persons subject to
relief or placed on probation;
(253)
Code Section 42-9-58, relating to the effect of Chapter 9 of Title 42 on other
laws respecting parole and probation;
(254)
Code Section 43-1-19, relating to grounds for refusing to grant or for revoking
professional licenses;
(255)
Code Section 43-10-6, relating to rules and regulations as to sanitary
requirements for cosmetologists;
(256)
Code Section 43-10A-7, relating to licensing requirements to practice
professional counseling, social work, or marriage and family
therapy;
(257)
Code Section 43-11-74, relating to direct supervision of dental hygienists
required;
(258)
Code Section 43-12A-5, relating to provider of ignition interlock devices not to
operate under any name deceptively similar to another business;
(259)
Code Section 43-14-2, relating to definitions relative to electrical
contractors, plumbers, conditioned air contractors, low-voltage contractors, and
utility contractors;
(260)
Code Section 43-18-1, relating to definitions relative to funeral directors and
establishments, embalmers, and crematories;
(261)
Code Section 43-18-46, relating to grounds for denial or revocation of license
or registration relative to funeral directors and establishments, embalmers, and
crematories;
(262)
Code Section 43-26-51, relating to the purpose of Article 3 of Chapter 26 of
Title 43;
(263)
Code Section 43-26-52, relating to definitions relative to qualified medication
aides;
(264)
Code Section 43-27-1, relating to definitions relative to nursing home
administrators;
(265)
Code Section 43-34-26.1, relating to delegation of authority to nurse or
physician´s assistant;
(266)
Code Section 43-34-26.3, relating to delegation of certain medical acts to
advanced practice registered nurses;
(267)
Code Section 43-34-103, relating to application for physician´s assistant,
number of assistants, new job description, and other related
matters;
(268)
Code Section 44-5-150, relating to the duties of the Advisory Board on
Anatomical Gift Procurement;
(269)
Code Section 44-5-151, relating to HIV test of body part or donor;
(270)
Code Section 44-14-470, relating to lien on causes of action accruing to injured
person for costs of care and treatment of injuries arising out of such causes of
action;
(271)
Code Section 45-9-1, relating to general provisions relative to insuring and
indemnification of state officers and employees;
(272)
Code Section 45-9-4, relating to the commissioner of administrative services to
purchase insurance or indemnity contracts;
(273)
Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies
providing services to the mentally retarded;
(274)
Code Section 45-9-40.1, relating to provision of automobile liability coverage
to community service boards to protect them from liability for damages arising
from operation of state vehicles;
(275)
Code Section 45-9-42, relating to persons authorized by nonprofit agencies to
operate vehicles;
(276)
Code Section 45-13-22, relating to distribution of Georgia Laws and journals of
the House and Senate;
(277)
Code Section 45-18-1, relating to definitions relative to the state
employees´ health insurance plan;
(278)
Code Section 45-18-5.2, relating to sheltered employment center employees
relative to the state employees´ health insurance plan;
(279)
Code Section 45-18-32, relating to the administration of deferred compensation
plans for the employees of this state;
(280)
Code Section 45-20-2, relating to definitions relative to the merit system
generally;
(281)
Code Section 45-20-17, relating to interdepartmental transfers under the merit
system generally;
(282)
Code Section 46-1-5, relating to duties of the Department of Human Resources
with regard to assistance to low or fixed income consumers of gas and electric
service;
(283)
Code Section 46-4-152, relating to definitions relative to the "Natural Gas
Competition and Deregulation Act";
(284)
Code Section 46-4-158.3, relating to adequate and accurate consumer information
disclosure statements regarding natural gas services;
(285)
Code Section 46-11-4, relating to the regulation of transportation of hazardous
materials on public roads of the state generally;
(286)
Code Section 47-2-297, relating to employees of county boards or departments of
health in counties having population of 550,000 or more;
(287)
Code Section 47-11-50, relating to payment to fund of a portion of fees
collected in connection with marriage licenses;
(288)
Code Section 48-7-161, relating to definitions relative to setoff debt
collection for debtors of the state;
(289)
Code Section 49-1-1, relating to definitions relative to general provisions
regarding social services;
(290)
Code Section 49-1-2, relating to compliance of county departments with rules and
regulations of the Department of Human Resources;
(291)
Code Section 49-1-3, relating to the power of the Governor to reorganize state
and local health and welfare organizations;
(292)
Code Section 49-2-12, relating to the development and revision of a
transportation plan for programs of the Department of Human
Resources;
(293)
Code Section 49-2-15, relating to service of notice against the Department of
Human Resources;
(294)
Code Section 49-2-16, relating to the Council for Welfare
Administration;
(295)
Code Section 49-3-1, relating to the establishment of county and district
departments, boards, and directors of family and children services;
(296)
Code Section 49-3-3, relating to the appointment of a county director at each
county board of family and children services;
(297)
Code Section 49-3-4, relating to appointment of staff for county boards of
family and children services;
(298)
Code Section 49-3-6, relating to the functions of county departments of family
and children services;
(299)
Code Section 49-4-2, relating to definitions relative to the "Georgia Public
Assistance Act of 1965";
(300)
Code Section 49-4-3, relating to the establishment of categories of public
assistance;
(301)
Code Section 49-4-8, relating to applications for public old-age
assistance;
(302)
Code Section 49-4-9, relating to investigation and record concerning applicant
for public assistance;
(303)
Code Section 49-4-14, relating to regulations as to records of the Department of
Human Resources relating to public assistance;
(304)
Code Section 49-4-36, relating to payment of public old-age assistance after
recipient moves to another county;
(305)
Code Section 49-4-54, relating to the duties of county departments under the
"Aid to the Blind Act";
(306)
Code Section 49-4-56, relating to reexamination of recipient´s eyesight
when required by the Department of Human Resources;
(307)
Code Section 49-4-60, relating to payment of assistance relative to aid to the
blind after a recipient moves to another county;
(308)
Code Section 49-4-85, relating to payment of assistance relative to aid to the
disabled after a recipient moves to another county;
(309)
Code Section 49-4-152.3, relating to reuse of unit dosage drugs;
(310)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid;
(311)
Code Section 49-4-171, relating to hearings on petitions filed by county or
district directors of family and children services;
(312)
Code Section 49-4-181, relating to definitions relative to the "Temporary
Assistance for Needy Families Act";
(313)
Code Section 49-4-190, relating to the construction of the "Temporary Assistance
for Needy Families Act";
(314)
Code Section 49-4A-9, relating to sentencing of youthful offenders;
(315)
Code Section 49-5-4, relating to other state departments, agencies, officers,
and employees to assist the Department of Human Resources;
(316)
Code Section 49-5-7, relating to development and administration of public child
welfare and youth services;
(317)
Code Section 49-5-8, relating to powers and duties of the Department of Human
Resources relative to children and youth services;
(318)
Code Section 49-5-41, relating to persons and agencies permitted access to
records concerning reports of child abuse;
(319)
Code Section 49-5-41.1, relating to inspection and retention of records of
juvenile drug use;
(320)
Code Section 49-5-90, relating to definitions relative to the emergency
protection of children in certain institutions;
(321)
Code Section 49-5-130, relating to legislative intent relative to programs and
protection for children;
(322)
Code Section 49-5-154, relating to a study of youth needs;
(323)
Code Section 49-5-180, relating to definitions relative to the central child
abuse registry;
(324)
Code Section 49-5-220, relating to legislative findings and intent relative to
children and adolescents with severe emotional problems;
(325)
Code Section 49-5-221, relating to definitions relative to children and
adolescents with severe emotional problems;
(326)
Code Section 49-5-223, relating to the contents of the State Plan for the
Coordinated System of Care;
(327)
Code Section 49-5-224, relating to an annual report submitted by the
commissioner of human resources;
(328)
Code Section 49-5-225, relating to local interagency committees relative to
children and adolescents with severe emotional problems;
(329)
Code Section 49-5-227, relating to the Children and Youth Coordinating Council
to comment on plan for Coordinated System of Care and provide
recommendations;
(330)
Code Section 49-2-281, relating to the bill of rights for foster
parents;
(331)
Code Section 49-6-20, relating to the creation of the Council on
Aging;
(332)
Code Section 49-6-60, relating to the legislative intent relative to community
care and services for the elderly;
(333)
Code Section 49-6-61, relating to definitions relative to community care and
services for the elderly;
(334)
Code Section 49-6-72, relating to definitions relative to the "Georgia Family
Caregiver Support Act";
(335)
Code Section 50-5-136, relating to powers and authority of the State Use
Council;
(336)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules by a state agency;
(337)
Code Section 50-16-3, relating to property of state boards and
departments;
(338)
Code Section 50-18-72, relating to when public disclosure of records of a public
entity is not required;
(339)
Code Section 50-18-76, relating to written matter that is exempt from disclosure
under Code Section 31-10-25;
(340)
Code Section 50-26-4, relating to definitions relative to the "Georgia Housing
and Finance Authority Act";
(341)
Code Section 50-27-24, relating to lottery prize proceeds that are subject to
state income tax;
(342)
Code Section 50-27-55, relating to the applicability of Article 2 of Chapter 27
of Title 50 to lottery prizes of $5,000.00 or more;
(343)
Code Section 51-2-5.1, relating to the relationship between a hospital and
health care provider prequisite to liability for imputable negligence;
and
(344)
Code Section 52-7-14, relating to collisions, accidents, and casualties relative
to watercraft.
SECTION
1-2.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "commissioner of human resources" wherever that term occurs and
inserting in its place "commissioner of health":
(1)
Code Section 8-2-24, relating to the appointment of an advisory committee
relative to licensing of certain trades, professions, and
businesses;
(2)
Code Section 12-5-524, relating to the creation of the Water
Council;
(3)
Code Section 16-12-141, relating to when abortion is legal;
(4)
Code Section 16-12-141.1, relating to disposal of aborted fetuses;
(5)
Code Section 19-8-16, relating to investigations by child-placing agency or
other agent relative to adoptions;
(6)
Code Section 19-8-23, relating to where adoption records are kept;
(7)
Code Section 19-11-9, relating to location of absent parents by the Department
of Human Resources;
(8)
Code Section 19-11-11, relating to issuance of subpoenas by the Department of
Human Resources relative to enforcement of child support duty;
(9)
Code Section 19-11-18, relating to collection procedures relative to child
support orders;
(10)
Code Section 19-11-30.6, relating to reciprocal agreements with other states
relative to child support orders;
(11)
Code Section 19-11-30.7, relating to construction of certain Code sections
relative to child support orders;
(12)
Code Section 19-11-30.8, relating to annual reports to the General Assembly
relative to child support orders;
(13)
Code Section 19-11-30.9, relating to information subject to disclosure relative
to child support orders;
(14)
Code Section 19-11-30.11, relating to fee on levied accounts relative to child
support orders;
(15)
Code Section 20-1A-61, relating to the Child Care Council and its members,
length of terms, appointments, and removal of members;
(16)
Code Section 21-2-231, relating to lists of persons convicted of felonies,
persons declared mentally incompetent, and deceased persons provided to the
Secretary of State;
(17)
Code Section 26-2-393, relating to enforcement of Article 14 of Chapter 2 of
Title 26;
(18)
Code Section 28-5-60, relating to the creation, membership, and representation
of members by deputies or other designated employees of the Claims Advisory
Board;
(19)
Code Section 30-2-7, relating to compensation of workers relative to the Georgia
Industries for the Blind;
(20)
Code Section 31-1-1, relating to definitions relative to general health
provisions;
(21)
Code Section 31-7-176.1, relating to determination or pronouncement of death of
a patient in hospice care;
(22)
Code Section 31-8-32, relating to determination of indigency for purposes of
hospital care for nonresident indigents;
(23)
Code Section 31-8-43, relating to determination of indigency for purposes of
hospital care for pregnant women;
(24)
Code Section 31-8-53, relating to duties of the state ombudsman under the
long-term care ombudsman program;
(25)
Code Section 31-9A-2, relating to definitions relative to the "Woman´s
Right to Know Act";
(26)
Code Section 31-10-1, relating to definitions relative to vital
records;
(27)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(28)
Code Section 31-11-36, relating to suspension or revocation of licenses to
operate ambulance services;
(29)
Code Section 31-16-3, relating to the functions of the Kidney Disease Advisory
Committee;
(30)
Code Section 31-21-5, relating to incineration or cremation of dead body or
parts thereof;
(31)
Code Section 31-27-7, relating to emergency powers of the Governor relative to
control of mass gatherings;
(32)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency responders;
(33)
Code Section 31-36A-7, relating to petitions for order by a health care facility
for transfer, admission, or discharge;
(34)
Code Section 33-20B-3.1, relating to health maintenance organizations´
expansion into rural areas under the "Essential Rural Health Care Provider
Access Act";
(35)
Code Section 33-21-3, relating to grounds and procedure for issuance or denial
of certificate of authority for health maintenance organizations;
(36)
Code Section 33-21-5, relating to suspension or revocation of certificate of
authority for health maintenance organizations;
(37)
Code Section 33-21-15, relating to filing of annual reports by health
maintenance organizations;
(38)
Code Section 33-21-17, relating to examinations of health maintenance
organizations and their providers;
(39)
Code Section 33-21-18, relating to adoption of rules and regulations generally
relative to health maintenance organizations;
(40)
Code Section 33-21-20, relating to conduct of hearings generally relative to
health maintenance organizations;
(41)
Code Section 33-21-21, relating to the authority of the commissioner of human
resources to contract for making of recommendations required by Chapter 21 of
Title 31;
(42)
Code Section 33-21-27, relating to the enforcement of Chapter 21 of Title
31;
(43)
Code Section 37-1-1, relating to definitions relative to general provisions
regarding mental health;
(44)
Code Section 37-10-2, relating to the Interstate Compact on Mental
Health;
(45)
Code Section 38-2-10, relating to use of the National Guard in drug law
enforcement, provision of medical care in medically underserved areas, and for
youth opportunity training programs;
(46)
Code Section 42-4-32, relating to sanitation and health requirements generally
in jails;
(47)
Code Section 42-9-12, relating to appointment of replacement of incapacitated
member of the State Board of Pardons and Paroles;
(48)
Code Section 43-1A-4, relating to the Georgia Occupational Regulation Review
Council;
(49)
Code Section 43-45-3, relating to the creation of the State Structural Pest
Control Commission;
(50)
Code Section 45-7-7, relating to compensation and allowances of certain state
officials not to be changed without giving public notice;
(51)
Code Section 45-9-4, relating to the commissioner of administrative services
purchasing insurance or indemnity contracts;
(52)
Code Section 45-9-73, relating to the creation of the Georgia Public School
Personnel Indemnification Commission;
(53)
Code Section 45-9-83, relating to the creation of the Georgia State
Indemnification Commission;
(54)
Code Section 45-9-110, relating to authorization for consolidation of
unemployment compensation claim matters under the commissioner of administrative
services;
(55)
Code Section 45-20-90, relating to definitions relative to random drug testing
of employees in high-risk jobs;
(56)
Code Section 49-1-1, relating to definitions relative to general provisions
regarding social services;
(57)
Code Section 49-2-15, relating to service of notice against the Department of
Human Resources;
(58)
Code Section 49-3-3, relating to appointment of a county director for each
county board of family and children services;
(59)
Code Section 49-3-4, relating to appointment of staff for each county board of
family and children services;
(60)
Code Section 49-4-2, relating to definitions relative to the "Georgia Public
Assistance Act of 1965";
(61)
Code Section 49-4-15.1, relating to examination of financial records in
instances of alleged fraud by recipients of food stamps and public
assistance;
(62)
Code Section 49-4A3, relating to the creation of the Department of Juvenile
Justice;
(63)
Code Section 49-5-90, relating to definitions relative to emergency protection
of children in certain institutions;
(64)
Code Section 49-5-224, relating to the submission of an annual report by the
commissioner of human resources;
(65)
Code Section 49-8-3, relating to definitions relative to "The Economic
Rehabilitation Act of 1975";
(66)
Code Section 49-8-4, relating to the administration of "The Economic
Rehabilitation Act of 1975"; and
(67)
Code Section 50-5-135, relating to the creation of the State Use
Council.
SECTION
1-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "Board of Human Resources" wherever that term occurs and inserting in
its place "Board of Health":
(1)
Code Section 9-10-152, relating to continuances for attendance at a meeting of
the Board of Human Resources with regard to civil practice and
procedure;
(2)
Code Section 17-8-30, relating to grounds for granting continuances for
attendance at a meeting of the Board of Human Resources for criminal
trials;
(3)
Code Section 19-11-5, relating to debt to state created by payment of public
assistance under the "Child Support Recovery Act";
(4)
Code Section 19-15-4, relating to the Georgia Child Fatality Review
Panel;
(5)
Code Section 30-5-6, relating to cooperation of other public agencies with the
director of the county department of family and children services;
(6)
Code Section 31-1-1, relating to definitions relative to general health
provisions;
(7)
Code Section 31-2-4, relating to rules and regulations of the Department of
Human Resources;
(8)
Code Section 31-4-2, relating to duties of the Council on Maternal and Infant
Health;
(9)
Code Section 31-7-304, relating to fees established by the Board of Human
Resources relative to health care facilities;
(10)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(11)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to the administration of the Emergency Medical Systems Communications
Program;
(12)
Code Section 31-11-31.1, relating to license fees for ambulance
services;
(13)
Code Section 31-12-14, relating to a program fund for breast cancer, prostate
cancer, and ovarian cancer research;
(14)
Code Section 31-22-1, relating to definitions relative to clinical
laboratories;
(15)
Code Section 37-1-1, relating to definitions relative to general provisions
regarding mental health;
(16)
Code Section 37-1-40, relating to rules and regulations of the Board of Human
Resources;
(17)
Code Section 42-9-12, relating to appointment of replacement of incapacitated
member of the State Board of Pardons and Paroles;
(18)
Code Section 43-7-9, relating to general powers and duties of the State Board of
Barbers;
(19)
Code Section 44-5-143, relating to adult decedents with respect to anatomical
gifts;
(20)
Code Section 44-5-143.1, relating to minor decedents with respect to anatomical
gifts;
(21)
Code Section 45-10-40, relating to when contracting with state institutions is
not allowed;
(22)
Code Section 45-10-41, relating to penalties for profiting from contracts with
state institutions which are not allowed;
(23)
Code Section 49-1-1, relating to definitions relative to general provisions
regarding social services;
(24)
Code Section 49-1-4, relating to when sales by administrators to institutions
are prohibited;
(25)
Code Section 49-1-9, relating to a fund for home delivered meals,
transportation, services for the elderly, and preschool children with special
needs;
(26)
Code Section 49-2-15, relating to service of notice against the Department of
Human Resources;
(27)
Code Section 49-4-11, relating to the award and payment of public
assistance;
(28)
Code Section 49-4-12, relating to periodic redetermination of an award of public
assistance;
(29)
Code Section 49-4-54, relating to duties of county departments of family and
children services under Article 3 of Chapter 4 of Title 49;
(30)
Code Section 49-4-181, relating to definitions relative to the "Temporary
Assistance for Needy Families Act"; and
(31)
Code Section 49-5-12, relating to licensing and inspection of child welfare
agencies.
PART
II
Global name changes for
department, commissioner, and board of community health
SECTION 2-1.
Global name changes for
department, commissioner, and board of community health
SECTION 2-1.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "Department of Community Health" wherever that term occurs and
inserting in its place "Department of Health":
(1)
Code Section 9-2-21, relating to parties to actions for torts;
(2)
Code Section 20-3-511, relating to employment of staff and director to fulfill
functions of the State Medical Education Board;
(3)
Code Section 20-3-516, relating to funds for loans or scholarships provided by
the State Medical Education Board;
(4)
Code Section 26-4-115.1, relating to the requirement that certain wholesale
distributors of controlled substances and dangerous drugs provide price and
quantity information;
(5)
Code Section 26-4-118, relating to "The Pharmacy Audit Bill of
Rights";
(6)
Code Section 31-7-75, relating to functions and powers of hospital
authorities;
(7)
Code Section 31-7-94, relating to grants to hospital authorities;
(8)
Code Section 31-7-95, relating to funding of medical education provided by
hospital authorities designated as teaching hospitals;
(9)
Code Section 31-8-106, relating to information to be provided to residents upon
admission into a long-term care facility;
(10)
Code Section 31-16-7, relating to the reuse of a kidney dialyzer;
(11)
Code Section 31-34-8, relating to funding under the "Physicians for Rural Areas
Assistance Act";
(12)
Code Section 31-43-3, relating to the creation of the Commission on Men´s
Health;
(13)
Code Section 33-21-29, relating to point-of-service option for persons offered
health care coverage through a health maintenance organization;
(14)
Code Section 33-24-56.1, relating to reimbursement of medical expense or
disability benefit providers in personal injury cases;
(15)
Code Section 40-2-86.8, relating to special license plates supporting breast
cancer related programs for the medically indigent;
(16)
Code Section 40-2-86.21, relating to special license plates promoting certain
beneficial projects and supporting certain worthy agencies, funds, or nonprofit
corporations;
(17)
Code Section 42-5-2, relating to responsibilities of governmental unit with
custody of inmate generally;
(18)
Code Section 42-5-54, relating to information from inmates relating to medical
insurance;
(19)
Code Section 43-1-30, relating to the collection of work force and demographic
data;
(20)
Code Section 43-1B-6, relating to entities excepted from prohibitions as to
financing and referrals;
(21)
Code Section 43-34-24.1, relating to the Composite State Board of Medical
Examiners as an independent agency;
(22)
Code Section 43-34-27, relating to the license requirement for persons engaged
in the practice of medicine;
(23)
Code Section 45-18-15, relating to rules and regulations for administration of
Article 1 of Chapter 18 of Title 45;
(24)
Code Section 45-18-100, relating to definitions relative to the Georgia Retiree
Health Benefit Fund;
(25)
Code Section 45-18-102, relating to responsibilities, duties, and powers of the
department, board, and commissioner of community health with regard to the
Georgia Retiree Health Benefit Fund;
(26)
Code Section 46-4-154, relating to notice of election, unbundling, rates,
application requirements, and surcharge on interruptibles relative to natural
gas;
(27)
Code Section 49-4-146, relating to time for action on a claim under
Medicaid;
(28)
Code Section 49-4-146.3, relating to forfeiture of property and proceeds
obtained through Medicaid fraud;
(29)
Code Section 49-4-147, relating to enforcement of liens, claims, or offsets
against assistance under Medicaid;
(30)
Code Section 49-4-147.2, relating to noneligibility of Department of Community
Health to obtain nor be liable for interest on orders, judgments, and liquidated
or unliquidated amounts;
(31)
Code Section 49-4-148, relating to recovery of assistance from third party
liable for sickness, injury, disease, or disability under Medicaid;
(32)
Code Section 49-4-149, relating to liens of the Department of Community Health
against third parties under Medicaid;
(33)
Code Section 49-4-149.1, relating to submission by the Department of Community
Health of plan for family supplementation of Medicaid payments upon federal
removal of restrictions;
(34)
Code Section 49-4-150, relating to regulations as to maintenance and use of
records under Medicaid;
(35)
Code Section 49-4-151, relating to obtaining information for investigations and
audits under Medicaid;
(36)
Code Section 49-4-152, relating to research and demonstration projects under
Medicaid;
(37)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid;
(38)
Code Section 49-4-156.1, relating to reimbursement for services rendered under
Article 5 of Chapter 6 of Title 49;
(39)
Code Section 49-4-157, relating to construction of Article 7 of Chapter 4 of
Title 49 with a federal act;
(40)
Code Section 49-4-161, relating to definitions relative to the "Georgia
Long-term Care Partnership Program Act";
(41)
Code Section 49-5-272, relating to definitions relative to the "PeachCare for
Kids Act";
(42)
Code Section 49-10-1, relating to the Georgia Board for Physician
Workforce;
(43)
Code Section 50-13-9.1, relating to variances or waivers to rules under the
"Georgia Administrative Procedure Act";
(44)
Code Section 50-13-42, relating to applicability of Article 2 of Chapter 13 of
Title 50; and
(45)
Code Section 50-26-19, relating to financing acquisition, construction, and
equipping of health care facilities.
SECTION
2-2.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "commissioner of community health" wherever that term occurs and
inserting in its place "commissioner of health":
(1)
Code Section 20-2-896, relating to the administrative discharge of certain debts
relative to health insurance plans for public school teachers;
(2)
Code Section 20-2-924, relating to the administrative discharge of certain debts
relative to health insurance plans for public school employees;
(3)
Code Section 43-34-24.1, relating to the Composite State Board of Medical
Examiners as an independent agency;
(4)
Code Section 45-18-1, relating to definitions relative to the state
employees´ health insurance plan;
(5)
Code Section 45-18-12, relating to the creation of a health insurance fund for
state employees;
(6)
Code Section 45-18-13, relating to deposits of amounts from state
employees´ health insurance fund available for investment in trust
account;
(7)
Code Section 45-18-15, relating to rules and regulations for the administration
of the state employees´ health insurance plan;
(8)
Code Section 45-18-16, relating to certification to departments and other
entities of the state of employer payment percentage for ensuing fiscal
year;
(9)
Code Section 45-18-18, relating to discharge of certain debts or obligations due
health insurance fund;
(10)
Code Section 45-18-102, relating to the responsibilities, duties, and powers of
the department, board, and commissioner of community health with regard to the
Georgia Retiree Health Benefit Fund;
(11)
Code Section 45-18-104, relating to control over the Georgia Retiree Health
Benefit Fund;
(12)
Code Section 49-4-147, relating to enforcement of liens, claims, or offsets
against assistance under Medicaid;
(13)
Code Section 49-4-148, relating to recovery of assistance from third party
liable for sickness, injury, disease, or disability under Medicaid;
(14)
Code Section 49-4-150, relating to regulations as to maintenance and use of
records under Medicaid; and
(15)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid.
SECTION
2-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "Board of Community Health" wherever that term occurs and inserting in
its place "Board of Health":
(1)
Code Section 31-8-155, relating to promulgation of rules for funding expansions
of eligibility and indigent care programs;
(2)
Code Section 45-18-12, relating to the creation of a health insurance fund for
state employees;
(3)
Code Section 45-18-100, relating to definitions relative to the Georgia Retiree
Health Benefit Fund;
(4)
Code Section 49-4-150, relating to regulations as to maintenance and use of
records under Medicaid;
(5)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid; and
(6)
Code Section 49-5-272, relating to definitions relative to the 'PeachCare for
Kids Act.'
PART
III
Amending delayed Code sections
SECTION 3-1.
Amending delayed Code sections
SECTION 3-1.
Chapter
44 of Title 33 of the Official Code of Georgia Annotated, relating to the
Georgia High Risk Health Insurance Plan, which is effective contingent per
Section 2 of Ga. L. 1989, p. 1701, on the appropriation of funds specifically
appropriated to carry out the purposes of such chapter, and which such funds
have not been appropriated in 1989 through 2006, is amended by revising
subsection (b) of Code Section 33-44-3, relating to the creation of the Georgia
High Risk Health Insurance Plan, as follows:
"(b)
There is created a board of directors of the Georgia High Risk Health Insurance
Plan to be composed of ten members appointed as provided in this subsection and
the Commissioner of Insurance, who shall serve as an ex officio member. The
Commissioner shall appoint, with the approval of the Governor, one member who
shall represent domestic insurers licensed to transact accident and sickness
insurance in this state, one member who shall represent a domestic nonprofit
health care service plan, and one member who shall be a hospital administrator.
The Governor shall appoint two members who shall be consumers, one member who
shall represent employers who have more than 25 employees, one member who shall
represent employers who have less than 25 employees, one member who shall
represent health maintenance organizations, one member who shall be a licensed
physician, and one member who shall either be a representative of the Department
of Human
Resources
Health
or a representative of a government agency involved directly or indirectly in
state-wide health planning. All members of the board shall serve for terms of
six years, except the Commissioner whose term shall be concurrent with his term
of office as Commissioner. The board shall select one of its members to serve
as chairman. The members of the board of directors shall be required to take
and subscribe before the Governor an oath to discharge the duties of their
office faithfully and impartially. This oath shall be in addition to the oath
required of all civil officers. The members of the board of directors shall not
be entitled to compensation for their services but shall be entitled to
reimbursement for their actual travel and expenses necessarily incurred in the
performance of their duties when funds are available for this
purpose."
SECTION
3-2.
Article
7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating
to the "Adult Day Center for Aging Adults Licensure Act," which is effective
contingent per Section 3(a) of Ga. L. 2003, p. 298, on the appropriation of
funds specifically appropriated for the purposes of the article, and which such
funds have not been appropriated in 2003 through 2006, is amended by revising
Code Section 49-6-81, relating to legislative intent, as follows:
"49-6-81.
The
intent of the General Assembly is to promote, safeguard, and protect the
well-being of adults participating in adult day care or adult day health
services by authorizing, promoting, and supporting licensure regulations for
adult day care and adult day health services providers. It is further the intent
of the General Assembly that the Department of
Human
Resources
Health
shall serve as the agency responsible for promulgating, implementing, and
enforcing the licensure regulations."
SECTION
3-3.
Said
article is further amended by revising paragraph (5) of Code Section 49-6-82,
relating to definitions, as follows:
"(5)
'Department' means the Department of
Human
Resources
Health."
PART
IV
Changes for conformity purposes
SECTION 4-1.
Changes for conformity purposes
SECTION 4-1.
Code
Section 10-1-395 of the Official Code of Georgia Annotated, relating to the
appointment and duties of the administrator of the "Fair Business Practices
Act," is amended by revising subsection (a) as follows:
"(a)
The administrator shall be appointed by the Governor and shall serve at his
pleasure. The office of the administrator shall be attached to the office of the
Governor for administrative purposes only. The administrator shall perform all
functions formerly performed by the Consumer Services Unit of the Division of
Special Programs of the Department of Human
Resources,
which department became known as the Department of Health on July 1,
2007."
SECTION
4-2.
Code
Section 15-21-143 of the Official Code of Georgia Annotated, relating to the
appointment of members and personnel to the Brain and Spinal Injury Trust Fund
Commission, is amended by revising subsection (a) as follows:
"(a)
The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members
who shall serve for terms of two years, except that with respect to the first
members appointed, five members shall be appointed for a term of three years,
five for a term of two years, and five for a term of one year. The following
agencies may each appoint one member of the commission:
(1)
The Division of Rehabilitation Services of the Department of Labor;
(2)
The State Board of Education;
and
(3)
The Department of Public
Safety;
(4)
The Department of Community Health; and
(5)
The Department of Human
Resources.
The
Department of Health may appoint two members of the
commission. The remaining ten members of
the commission shall be appointed by the Governor, seven of whom shall be
citizens who have sustained brain or spinal cord injury or members of such
persons´ immediate families, no more than one of whom shall reside in the
same geographic area of the state which constitutes a health district
established by the Department of
Human
Resources
Health.
The Governor is authorized but not required to appoint the remaining three
members from recommendations submitted by the Private Rehabilitation Suppliers
of