March 15, 2024  

This Week under the Gold Dome

House Bill 1339 was approved by the Senate on Thursday by a vote of 43-11, crossing another legislative hurdle for Certificate of Need (CON) changes contemplated this year.  On Sunday morning, the Senate Regulated Industries committee chairman Bill Cowsert (R-Athens) released a Committee Substitute to HB 1339 that made significant changes to the version passed by the House that are very problematic.

On Monday, the House will receive HB 1339 back from the Senate; the House is expected to move to insist on its position and appoint a conference committee.  If the Senate follows suit, as is also expected, conferees from each chamber – usually three members from each body – will attempt to negotiate a compromise bill prior to adjournment Sine Die on March 28th.

This week and next week will remain busy on committee calendars in order to approve bills to be eligible for final passage at some point over the next five legislative days.  Time is short with high expectations remaining for bills that could become law this year.

Bills passed by the House or Senate this week: 

HB 1339: Certificate of Need (CON)

  • Senate substitute for the House version of Certificate of Need reform, including expanded exemptions for ASCs, treatment of various specialties as a “single specialty” for the purpose of CON, Rural Hospital Tax Credit sunset extension, and Health Coverage Commission establishment.
  • Passed the Senate by a vote of 43-11. The bill now returns to the House for further action.  The House is expected to approve a motion to insist on its position and appoint a Conference Committee as the next legislative step for this measure.

HB 880: Expedited licensure for military spouses relocating to Georgia

  • Introduced by Representative Bethany Ballard (R-Warner Robbins).
  • The bill would direct professional licensing boards to adopt rules and regulations facilitating transitioning service members’ qualifications for temporary licenses, licenses by endorsement, or expedited licenses based on their training and experience. The bill outlines conditions under which spouses of service members can practice their occupations or professions in Georgia without obtaining a state license, provided certain criteria are met
  • HB 880 passed the Senate by a vote of 54-0. This bill now heads to the desk of Governor Brian Kemp for signature or veto.

HB 982:  “High Demand Career List”

  • Introduced by Representative Matthew Gambill (R-Cartersville).
  • The bill would require the State Workforce Development Board to develop and approve a “High-demand Career List” that identifies careers critical to the state’s current and future workforce needs. The High-Demand Career List must include skills, certificates, licenses, diplomas, degrees, or other credentials required for the identified high-demand careers and should be published annually on the State Workforce Development Board’s public website on or before December 31.
  • HB 982 passed the Senate by a vote of 53-1.

Bills under committee consideration this week:

SB 373:  Expedited licensure for Licensed Marriage and Family Therapists (LMFTs)

  • Introduced by Senator Larry Walker (R-Perry).
  • The bill would establish an expedited license by endorsement for qualified individuals from other states who are in good standing and do not have a disqualifying criminal record.
  • SB 373 passed out of committee.

HB 1046:  APRNs and PAs authorized to sign death certificates

  • Introduced by Representative David Clark (R-Buford).
  • The current version now contains language which authorizes advance practice registered nurses (APRNs) and physician assistants (PAs) to sign death certificates. The bill also requires healthcare professionals to complete biennial continuing education about death certificate completion, and “a selection box must be added to the death certificate that must be checked off by the non-physician completing the form”. Two amendments were adopted in committee. The first was to insert all the language from SB 460, introduced by Senator Clint Dixon (R-Gwinnett), to the bill. SB 460 specifies limits on the number of APRNs or PAs a delegating physician can authorize or supervise at any given time, with certain exceptions for specific healthcare settings such as hospitals, educational institutions, public health departments, community health clinics, and emergency medical services systems. The limit is raised from four to a maximum of eight combined physician assistants or advanced practice registered nurses at a time. The second amendment would add after line 50 “an authorized individual completing and signing a death certificate in good faith and in accordance with the subsection shall be immune from civil liability for any acts or omissions relating to the medical certification absent wanton misconduct or intentional wrongdoing. This immunity is in addition to any other legal immunity from liability to which such individuals may be entitled.” This amendment was adopted.
  • HB 1046 passed out of committee by substitute as amended.

HB 844,:  “Dietetics Practice Act”

  • Introduced by Rep. Ginny Ehrhart (R-Marietta).
  • The bill would establish regulations and licensure for dietitian nutritionists and nutritionists in the state of Georgia. The bill outlines various definitions related to the practice of nutrition and dietetics, including terms such as licensed dietitian nutritionist, licensed nutritionist, medical nutrition therapy, nutrition assessment, nutrition care process, and more. The bill establishes the Georgia Board of Examiners of Licensed Dietitian Nutritionists and Licensed Nutritionists, consisting of members appointed by the Governor.
  • HB 844 passed out of committee by substitute.

SB 449:  Streamlined licensure for former military medical personnel transitioning into civilian roles / Licensure of APRNs

  • introduced by Senator Larry Walker (R-Perry).
  • The bill would streamline the certification and licensing process for military medical personnel transitioning into civilian roles within the healthcare sector in Georgia. In this bill, military medical personnel who have served as medics, medical technicians, or corpsmen within 24 months of seeking certification may be exempt from certain examination requirements to become certified nursing aides. Exemptions would also be proposed for military medical personnel seeking certification as paramedics, cardiac technicians, or EMTs. A substitute was adopted in the Senate committee that would include LPNs. An amendment was adopted in the subcommittee that would add the language from HB 215, introduced by Representative Alan Powell (R-Hartwell), which would create a new licensure category for advanced practice registered nurses (APRNs). Currently, APRNs are licensed as registered nurses with an authorization to practice as an APRN. This bill would also amend Georgia Code relating to prestige license plates, respectively, to authorize advanced practice registered nurses and physician assistants to execute affidavits certifying an individual is disabled for purposes of obtaining special vehicle decals.
  • SB 449 passed out of the subcommittee as amended.

SB 505:  Hospital financial transparency reporting and penalties for noncompliance

  • Introduced by Senator Blake Tillery (R-Vidalia).
  • The bill standardizes the format for posting information and stiffens the penalties for noncompliance with Georgia’s existing hospital financial transparency law requirements. The revised penalties in the bill would prohibit noncompliant hospitals “from receiving any funds administered by the state.” The current version does not define “community benefit,” but the Senate-passed version included such language.
  • SB 505 passed out of committee as amended.

SB 455:  Prohibiting denial of payment solely due to lack of Prior Authorization request

  • Introduced by Senator Brian Strickland (R-McDonough).
  • The bill would prohibit third-party payers from denying payment solely because a health care item or service did not receive prior authorization. This bill would require third-party payers to accept the department’s authorization for a “healthcare item or service” on behalf of a recipient of medical assistance.
  • SB 455 passed out of committee as amended.

HR 1231:  House Study Committee on Maternal, Prenatal, and Pediatric Care Access and Funding

  • Introduced by Representative Mark Newton (R-Augusta).
  • The resolution would establish the House Study Committee on Maternal, Prenatal, and Pediatric Care Access and Funding in Georgia. The committee would conduct a comprehensive study to evaluate the current state of maternal, prenatal, and pediatric healthcare, and explore additional funding sources. An amendment was adopted in committee that would include trauma into the list of topics being studied in this study committee.
  • No action was taken on HR 1231 as it was a hearing only.

SB 515:  Two-year EMS pilot program

  • Introduced by Senator Bo Hatchett (R-Cornelia).
  • The bill would establish a two-year pilot program aimed at providing additional ambulances to certain areas of the state, including northeast Georgia. The program would be overseen by the Georgia Trauma Care Network Commission and the State Office of EMS and Trauma, in collaboration with specific regional EMS councils. The program would involve obtaining and operating four ambulances, with specific allocations for air ambulance crew, inter-facility nonemergency transfers, and assignment to designated regions. An amendment was adopted in committee that would extend the termination date from “2027” to “two years after the start date or 2028”.
  • SB 515 passed out of committee as amended.

SB 480:  Student Loan Repayment program for mental health and substance use professionals

  • Introduced by Senator Mike Hodges (R-Brunswick)
  • The bill would introduce a program for student loan repayment for mental health and substance use professionals serving in specific capacities.
  • SB 480 passed out of committee unanimously.

HB 1170:  Opioid antagonists in state government buildings / prohibiting puberty blockers for minors

  • Introduced by Representative Lee Hawkins (R-Gainesville) and amended by Sen. Ben Watson (R-Savannah).
  • The bill would require certain state government buildings, courthouses to maintain a supply of opioid antagonists and ensure accessibility during regular and non-business hours. This bill would also require government entities to establish and implement internal training policies for opioid antagonist administration, with immunity provided for individuals involved. Senator Ben Watson presented a substitute today that would include the language from SB 519 to the bill. SB 519, introduced by Senator Ben Watson (R-Savannah), broadens the prohibition on certain types of gender affirming care for minors to include bans on both reversable and irreversible hormone replacement therapies used for the purpose of altering the minor’s appearance if such alteration is not consistent with the minor’s sex. SB 519 was assigned to the Senate Children and Families Committee and did not move before Crossover.
  • HB 1170 passed out of committee by substitute as amended by a vote of 8-5.

HB 1072:  DPH drug repository program for donated drugs

  • Introduced by Representative Sharon Cooper (R-Marietta).
  • The bill authorizes the Department of Public Health to establish a drug repository program to accept and dispense donated over-the-counter and prescription drugs to eligible patients. This bill would allow participating pharmacies to utilize additional pharmacy technicians for duties related to the program. This bill would mandate hospitals, pharmacies, and state programs to provide referral information to the program for eligible drugs and would provide a sales tax exemption for eligible recipients participating in the drug repository program.
  • HB 1072 passed out of committee unanimously.

SB 348:  Suspicious or unusual death notification

  • introduced by Senator Rick Williams (R-Milledgeville), addresses notifications of suspicious or unusual deaths, and revises the criteria for considering a death as unattended by increasing the period during which an individual had not been seen by a physician prior to death. The bill reduces this period from 180 to 60 days. The bill also details the circumstances under which law enforcement or other individuals must notify the coroner or county medical examiner about a death. SB 348 passed the House by a vote of 163-1 

HB 143:  Medicaid coverage of Continuous Glucose Monitors (CGMs) Georgia Health Care Professionals Data System

  • Introduced by Representative Danny Mathis (R-Cochran).
  • The bill would require the Department of Community Health to include continuous glucose monitors as a pharmacy benefit for Medicaid recipients and to provide for certain consultations by treating practitioners. During committee, a substitute was presented that removed the language from HB 143 and replaced it with the language from SB 481, which did not crossover. SB 481, introduced by Senator Mike Hodges (R-Brunswick), would establish the Georgia Health Care Professionals Data System. This bill mandates state licensing boards to provide specified data on licensed health care professionals to the Georgia Health Care Professionals Data System.
  • HB 143 passed out of committee unanimously by substitute.
  • HB 663: “No Patient Left Alone Act”
    • Introduced by Representative Matt Hatchett (R-Dublin).
    • The bill grants minors and adults the right to have a parent, guardian, or designated person present during their hospital care. Visitors, including caregivers and legal representatives, are allowed, but hospitals and long-term care facilities can establish visitation policies to limit or restrict visitation under certain circumstances. These policies can be enacted to protect patients’ health, prevent interference with care, address disruptive behavior, or when the patient is in law enforcement custody. The bill also allows hospitals and long-term care facilities to require visitors to wear personal protective equipment and comply with safety protocols. The rights specified in the bill cannot be terminated, suspended, or waived by the facility, Department of Public Health, or any governmental entity, even during emergencies. An amendment was adopted in committee that would change the materials for required posting to be provided by the Department of Community Health instead of the Department of Public Health.
    • HB 663 passed out of committee unanimously.

HB 215: APRN licensure  Georgia Community Health Workers Certification Committee

  • Introduced by Representative Alan Powell (R-Hartwell).
  • The underlying bill created a new licensure category for advanced practice registered nurses (APRNs), but was stripped out in committee and replaced because this language is now in another bill.  SB 524, introduced by Senator Jason Anavitarte (R-Dallas), which adds the Georgia Community Health Workers Certification Committee under the Georgia Department of Public Health was put in to HB 215.
  • HB 215 passed out of committee by substitute.

SB 433:  “Donor Intent Protection Act”

  • Introduced by Senator Bill Cowsert (R-Athens).
  • The bill prohibits charitable organizations from violating the terms of charitable contributions made with donor-imposed restrictions, except as required or authorized by federal or state law or a valid court order.
  • SB 433 passed out of committee unanimously.

HB 809:  “Dry needling” by Occupational Therapists

  • Introduced by Representative Alan Powell (R-Hartwell).
  • The bill would grant occupational therapists the authority to perform “dry needling” as a physical agent modality, subject to certain training and education requirements.
  • No action was taken on HB 809 as it was a hearing only.

HB 441:  Authorizing and regulating tele dentistry by the Board of Dentistry

  • Introduced by Representative Katie Dempsey (R–Rome), would authorize and regulate tele-dentistry in this state by licensed dentists pursuant to permits issued by the Georgia Board of Dentistry.
  • HB 441 passed out of committee unanimously.

HR 1360:  House Study Committee on Alternatives to Opioids for Pain Management

  • Introduced by Representative Katie Dempsey (R-Rome).
  • The resolution would establish the creation of the House Study Committee on Alternatives to Opioids for Pain Management. The committee, made up of 14 members including legislative and non-legislative representatives, aims to study opioid alternatives, promoting awareness, enhancing collaboration among healthcare providers, and recommending necessary actions or legislation.