07 LC 29
2664ER
House
Bill 535
By:
Representative Butler of the
18th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 37 of the Official Code of Georgia Annotated, relating to mental
health, so as to create a patient advocacy board and the position of Patient
Advocate General to investigate fatalities and allegations of abuse, neglect, or
improper treatment occurring in facilities operated by, subjection to
certification by, or under contact with the Division of Mental Health,
Developmental Disabilities, and Addictive Diseases; to provide for definitions;
to provide for appointment of board members, qualifications of board members,
terms, vacancies, removal, and immunity; to provide for oath of office and
certificate of appointment; to provide for board meetings, procedure, and
expenses; to provide for the powers and duties of the Patient Advocate General;
to provide for confidentiality of certain information and exceptions; to provide
for reporting of certain information; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
37 of the Official Code of Georgia Annotated, relating to mental health, is
amended by adding a new chapter to read as follows:
"CHAPTER
11
37-11-1.
(a)
As used in this chapter, the term:
(1)
'Board' means the Patient Advocacy Board.
(2)
'Investigation' in the context of a death includes all of the
following:
(A)
A post-mortem examination which may be limited to an external examination or may
include an autopsy;
(B)
An inquiry by law enforcement agencies having jurisdiction into the
circumstances of the death, including reviewing the scene and interviewing the
decedent´s children, guardian, or caregiver and the person who reported the
death; and
(C)
A review of information regarding the decedent and family from relevant
agencies, professionals, and providers of medical care.
37-11-2.
(a)
There is created the Patient Advocacy Board, to consist of five members who
shall be United States citizens and residents of this state who have been
engaged in the active practice of his or her profession within this state for a
period of at least five years. The Governor shall appoint three members of the
board: one appointee shall be a psychiatrist duly authorized to practice
medicine in this state under Chapter 34 of Title 43, one shall be a physician,
and one shall be a pharmacist licensed by the State Board of Pharmacy under
Chapter 4 of Title 26. The Lieutenant Governor shall appoint one member who
shall be a registered professional nurse or licensed practical nurse licensed
pursuant to Chapter 26 of Title 43. The Speaker of the House of Representatives
shall appoint one member who shall practice any of the professions identified
for the other appointees. All of the physician members shall be practicing
physicians of integrity and ability.
(b)
All five members of the board shall serve for terms of four years and until
their successors are appointed and qualified. Vacancies on the board shall be
filled by the appointing authority for the unexpired term in the same manner as
the original appointment, and members shall serve until their successors are
appointed and qualified. Any board member may be removed after notice and
hearing for incompetence, neglect of duty, malfeasance in office, or commission
of a crime involving moral turpitude.
(c)
Immediately and before entering upon the duties of their office, the members of
the board shall take the constitutional oath of office and shall file the same
in the office of the Governor who, upon receiving said oath of office, shall
issue to each member a certificate of appointment.
(d)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(e)
No member of the board shall be liable to civil action for any act performed in
good faith in the performance of that member´s duties as prescribed by
law.
37-11-3.
(a)
The board is created for the purpose of investigating fatalities and allegations
of abuse, neglect, or improper treatment occurring at facilities operated by,
subject to certification by, or under contract with the division. The board
shall be administratively attached to the Composite State Board of Medical
Examiners which is administratively attached to the Department of Community
Health.
(b)
The chief administrative officer of the board shall be the Patient Advocate
General.
(c)
The board shall hold at least one regular meeting each year. Meetings may be
called and held at the discretion of the Patient Advocate General or at the
written request of any two members of the board.
(d)
The board shall from time to time adopt such rules and regulations as it may
deem necessary for the performance of its duties.
37-11-4.
The
board shall have the following powers and duties:
(1)
Appoint the Patient Advocate General who shall be an attorney admitted to
practice in this state with a minimum of three years´
experience;
(2)
Supervise the Patient Advocate General who may be dismissed only for
cause;
(3)
Review and approve the reports submitted by the Patient Advocate General of
investigations of fatalities and allegations of abuse, neglect, or improper
treatment at facilities operated by, subject to certification by or under
contract with the division;
(4)
Determine whether a report shall be referred to the Georgia Bureau of
Investigation;
(5)
Make recommendations of policy or procedural changes to the division which it
believes will reduce the likelihood of the reoccurrence of fatalities or
incidents of abuse, neglect, or improper treatment in facilities operated by,
subject to certification by, or under contract with the division; and
(6)
Make recommendations of licensure changes to the department that it believes
will reduce the likelihood of the reoccurrence of fatalities or incidents of
abuse, neglect, or improper treatment in facilities operated by, subject to
certification by, or under contract with the division.
37-11-5.
(a)
The Patient Advocate General shall have the following powers and
duties:
(1)
Employ such investigative and other personnel as may be necessary to carry out
the purposes of this chapter;
(2)
Access facilities operated by, subject to certification by, or under contract
with the division and the records of such facilities, including peer reviews.
Reasonable access shall be granted for the purposes of conducting investigations
of fatalities and allegations of abuse, neglect, or improper
treatment;
(3)
Access the records of individuals who received services from facilities operated
by, subject to certification by, or under contract with the division. Records
that are confidential under state and federal law shall be maintained as
confidential and shall not be redisclosed by the Patient Advocate
General;
(4)
Prepare a root cause analysis;
(5)
Submit a report of the results of investigations to the board and, if necessary,
recommend that the board refer the matter to the Georgia Bureau of Investigation
if the Patient Advocate General has a reasonable belief that a crime was
committed;
(6)
Submit a report of the results of investigations to the appropriate custodial
state agency if the individual is a juvenile in the custody of a state agency or
if the individual is a ward of a state agency;
(7)
Submit a report of the results of investigations to the board and, if necessary,
recommend that the Patient Advisory Board make recommendations to the director
of the division or the commissioner of the department;
(8)
Provide regular or special reports regarding investigations to the director of
the division or the commissioner of the department as directed by the board;
and
(9)
Perform such other investigative duties as assigned by the board.
(b)
The Patient Advocate General and staff shall not act as attorneys on behalf of
individuals receiving services from facilities operated by, subject to
certification by, or under contract with the division.
37-11-6.
(a)
Except as otherwise specifically provided in this Code section and as otherwise
provided by state or federal laws, the information, records, materials, and
reports related to investigations by the Patient Advocate General or the board
shall be confidential and contain privileged information. All such reports and
information and the contents thereof shall be treated as confidential, shall not
be disclosed to any person outside of the board, and shall not be subject to
Article 4 of Chapter 18 of Title 50, relating to open records, or subject to
subpoena, discovery, or introduction into evidence in any civil or criminal
proceeding. Such records and the contents thereof shall be maintained by the
board and Patient Advocated General in a confidential file not available to the
public.
(b)
A court order authorizing the inspection, release, or disclosure of information,
records, materials, and reports related to investigations by the Patient
Advocate General or the board shall be entered by a court only after an in
camera review of such records and a determination, with due regard for the
confidentiality of such records and the privilege of the persons identified in
such records, that a compelling reason exists, any applicable privilege has been
waived, and such inspection, release, or disclosure is necessary for the
protection of a legitimate public or private interest.
(c)
This Code section shall not be construed as prohibiting the division, the board,
or the Patient Advocate General from summarizing the outcome of an investigation
stating the allegation and finding. The summary may be provided to the
following individuals and entities provided that the individuals or entities
agree to protect the summary from disclosure:
(1)
The person suspected of abuse, neglect, or improper treatment,
(2)
The state and federal oversight, licensing, or accrediting agency,
and
(3)
The administrator of a facility certified by, subject to licensing by, or under
contract with the division at which the alleged abuse, neglect, or improper
treatment occurred.
31-11-7.
The
administrator of a facility certified by, subject to licensing by, or under
contract with the division shall report fatalities or allegations of abuse,
neglect, or improper treatment to the Patient Advocate General. Notification of
a fatality shall be completed within 48 hours of the administrator´s
learning of such death. Notification of allegations of abuse, neglect, or
improper treatment shall be completed within 72 hours of the
administrator´s learning of such acts."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.