| 26 | | - | (3) 'Government entity' means any state board, commission, agency, or department, or20 |
|---|
| 27 | | - | the governing authority of any county, municipality, or consolidated government, but21 |
|---|
| 28 | | - | such term shall not include local school systems, public schools, charter schools, or22 |
|---|
| 29 | | - | university buildings.23 |
|---|
| 30 | | - | (4) 'Opioid antagonist' shall have the same meaning as set forth in Code24 |
|---|
| 31 | | - | Section 26-4-116.2.25 |
|---|
| 32 | | - | (5) 'Opioid related overdose' shall have the same meaning as set forth in Code26 |
|---|
| 33 | | - | Section 26-4-116.2.27 |
|---|
| 34 | | - | (6) 'Qualified government building' means a building in which a government entity is28 |
|---|
| 35 | | - | housed or meets in its official capacity, including the portion occupied by a government29 |
|---|
| 36 | | - | entity of any building that is not publicly owned, provided that such building contains an30 |
|---|
| 37 | | - | automated external defibrillator.31 |
|---|
| 38 | | - | (7) 'University building' means any building which forms a part of the University System32 |
|---|
| 39 | | - | of Georgia, including any college or university under the government, control, and33 |
|---|
| 40 | | - | management of the Board of Regents of the University System of Georgia, or any34 |
|---|
| 41 | | - | building under the control of the State Board of the Technical College System of Georgia.35 |
|---|
| 42 | | - | (b) The department shall consult with the Department of Behavioral Health and36 |
|---|
| 43 | | - | Developmental Disabilities and may consult with any other medical, clinical, or peer37 |
|---|
| 44 | | - | support professionals or organizations it deems appropriate to identify and develop38 |
|---|
| 45 | | - | educational resources and guidelines on opioid related overdoses. The department shall39 |
|---|
| 46 | | - | develop a model training and implementation policy for opioid antagonist administration. 40 |
|---|
| 47 | | - | All such educational resources and guidelines and the model training and implementation41 |
|---|
| 48 | | - | policy shall be maintained in a prominent manner on the department's principal public42 |
|---|
| 49 | | - | website.43 |
|---|
| 50 | | - | - 2 - 24 LC 52 0541S |
|---|
| 51 | | - | (c) All qualified government buildings and courthouses shall:44 |
|---|
| 52 | | - | (1) Maintain a supply of at least three unit doses of opioid antagonists; and45 |
|---|
| 53 | | - | (2) Ensure that such supply of opioid antagonists is available and accessible during46 |
|---|
| 54 | | - | regular business hours and outside of regular business hours for all government entity47 |
|---|
| 55 | | - | events.48 |
|---|
| 56 | | - | (d) A government entity may make opioid antagonists accessible during government entity49 |
|---|
| 57 | | - | events that occur on property that is not publicly owned.50 |
|---|
| 58 | | - | (e) No one employee, officer, agent, contractor, or other individual shall be solely51 |
|---|
| 59 | | - | responsible for providing training pursuant to subsection (f) of this Code section for any52 |
|---|
| 60 | | - | government entity.53 |
|---|
| 61 | | - | (f)(1) Every government entity that is based in or operates out of a qualified government54 |
|---|
| 62 | | - | building shall establish and implement an internal training and implementation policy for55 |
|---|
| 63 | | - | opioid antagonist administration. Such policy may be based on the model training and56 |
|---|
| 64 | | - | implementation policy developed by the department pursuant to subsection (b) of this57 |
|---|
| 65 | | - | Code section. Each such government entity shall be authorized to receive and administer58 |
|---|
| 66 | | - | grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code59 |
|---|
| 67 | | - | section.60 |
|---|
| 68 | | - | (2) Each internal training and implementation policy provided for in paragraph (1) of this61 |
|---|
| 69 | | - | subsection shall:62 |
|---|
| 70 | | - | (A) Provide details about how an individual can access opioid antagonist63 |
|---|
| 71 | | - | administration training;64 |
|---|
| 72 | | - | (B) Specify the location or locations of the government entity's supply of opioid65 |
|---|
| 73 | | - | antagonists;66 |
|---|
| 74 | | - | (C) Contain an affirmative statement that any trained individual may administer an67 |
|---|
| 75 | | - | opioid antagonist to any person whom the trained individual believes in good faith to68 |
|---|
| 76 | | - | be experiencing an opioid related overdose; and69 |
|---|
| 77 | | - | - 3 - 24 LC 52 0541S |
|---|
| 78 | | - | (D) Contain the following statement: 'Georgia law provides that any trained individual70 |
|---|
| 79 | | - | shall be immune from civil liability or professional discipline for any good faith act or71 |
|---|
| 80 | | - | omission to act in the emergency administration of an opioid antagonist to a person72 |
|---|
| 81 | | - | believed to be having an opioid related overdose.'73 |
|---|
| 82 | | - | (g) All employees, officers, agents, and contractors of government entities and all other74 |
|---|
| 83 | | - | individuals who receive training pursuant to subsection (f) of this Code section shall be75 |
|---|
| 84 | | - | immune from civil liability or professional discipline for any good faith act or omission to76 |
|---|
| 85 | | - | act related to the emergency administration of an opioid antagonist pursuant to this Code77 |
|---|
| 86 | | - | section. Good faith shall not include willful misconduct, gross negligence, or recklessness.78 |
|---|
| 87 | | - | (h) Notwithstanding any law to the contrary, funds appropriated or otherwise made79 |
|---|
| 88 | | - | available to a government entity may be used to comply with the requirements of this Code80 |
|---|
| 89 | | - | section by such government entity.81 |
|---|
| 90 | | - | (i) A government entity shall not be subject to civil liability for damages for any failure82 |
|---|
| 91 | | - | to provide an automated external defibrillator or opioid antagonist pursuant to this Code83 |
|---|
| 92 | | - | section."84 |
|---|
| 93 | | - | SECTION 2.85 |
|---|
| 94 | | - | Said title is further amended by revising Code Section 31-7-3.5, relating to treatment of86 |
|---|
| 95 | | - | minors for gender dysphoria and penalty for violations, as follows:87 |
|---|
| 96 | | - | "31-7-3.5.88 |
|---|
| 97 | | - | (a) As used in this Code section, the term:89 |
|---|
| 98 | | - | (1) 'Hormone therapy' means treatment that adds, blocks, or removes hormones for the90 |
|---|
| 99 | | - | purpose of assisting a minor with attempting to alter the minor's sex or to alter the91 |
|---|
| 100 | | - | appearance of or affirm the minor's perception of his or her gender or sex if such92 |
|---|
| 101 | | - | appearance or perception is inconsistent with the minor's sex. Such term includes but is93 |
|---|
| 102 | | - | not limited to the provision of, whether biological, bioidentical, or synthetic,94 |
|---|
| 103 | | - | - 4 - 24 LC 52 0541S |
|---|
| 104 | | - | supraphysiologic estrogen or progesterone to a minor who is a biological male or95 |
|---|
| 105 | | - | supraphysiologic testosterone to a minor who is a biological female.96 |
|---|
| 106 | | - | (2) 'Puberty blocking medication' means medication used to delay or suppress pubertal97 |
|---|
| 107 | | - | development in a minor for the purpose of assisting such minor with attempting to alter98 |
|---|
| 108 | | - | the minor's sex or to alter the appearance of or affirm the minor's perception of his or her99 |
|---|
| 109 | | - | gender or sex if such appearance or perception is inconsistent with the minor's sex. Such100 |
|---|
| 110 | | - | term includes gonadotropin-releasing hormone analogues or other synthetic drugs used101 |
|---|
| 111 | | - | in biological males to stop luteinizing hormone secretion and therefore testosterone102 |
|---|
| 112 | | - | production and synthetic drugs used in biological females to stop the production of103 |
|---|
| 113 | | - | estrogen and progesterone.104 |
|---|
| 114 | | - | (3) 'Sex' means the biological state of being male or female, in the context of105 |
|---|
| 115 | | - | reproductive potential or capacity, based on the individual's sex organs, chromosomes,106 |
|---|
| 116 | | - | naturally occurring sex hormones, gonads, and internal and external genitalia present at107 |
|---|
| 117 | | - | birth, including secondary sex characteristics, without regard to an individual's108 |
|---|
| 118 | | - | psychological, chosen, or subjective experience of gender.109 |
|---|
| 119 | | - | (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter110 |
|---|
| 120 | | - | or remove healthy or nondiseased physical or anatomical characteristics or features that111 |
|---|
| 121 | | - | are typical for an individual's sex in order to instill or create physiological or anatomical112 |
|---|
| 122 | | - | characteristics that resemble a sex different from a minor's sex. Such term means genital113 |
|---|
| 123 | | - | or nongenital surgery performed for the purpose of assisting a minor with attempting to114 |
|---|
| 124 | | - | alter the minor's sex or to alter the appearance of or affirm the minor's perception of his115 |
|---|
| 125 | | - | or her gender or sex if such appearance or perception is inconsistent with the minor's sex116 |
|---|
| 126 | | - | and includes but is not limited to castration, clitorectomy, clitoroplasty, hysterectomy,117 |
|---|
| 127 | | - | mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy, penectomy,118 |
|---|
| 128 | | - | phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.119 |
|---|
| 129 | | - | (a)(b) Except as provided in subsection (b) (c) of this Code section, none of the following120 |
|---|
| 130 | | - | irreversible procedures or irreversible or reversible therapies shall be performed on a minor121 |
|---|
| 131 | | - | - 5 - 24 LC 52 0541S |
|---|
| 132 | | - | for the treatment of gender dysphoria or prescribed or administered to a minor if such122 |
|---|
| 133 | | - | procedure or therapy is performed, prescribed, or administered for the purpose of123 |
|---|
| 134 | | - | attempting to alter a minor's sex or to alter the appearance of or affirm the minor's124 |
|---|
| 135 | | - | perception of his or her gender or sex if such appearance or perception is inconsistent with125 |
|---|
| 136 | | - | the minor's sex in an institution licensed pursuant to this article:126 |
|---|
| 137 | | - | (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for127 |
|---|
| 138 | | - | the purpose of altering primary or secondary sexual sex characteristics; or128 |
|---|
| 139 | | - | (2) Hormone replacement therapies that are prescribed or administered for the purpose129 |
|---|
| 140 | | - | of altering primary or secondary sex characteristics or puberty blocking medications that130 |
|---|
| 141 | | - | are prescribed or administered for the purpose of delaying or suppressing puberty.131 |
|---|
| 142 | | - | (b)(c) The provisions of subsection (a) (b) of this Code section shall not apply to treatment132 |
|---|
| 143 | | - | provided pursuant to an exception contained in subsection (b) (c) of Code133 |
|---|
| 144 | | - | Section 43-34-15.134 |
|---|
| 145 | | - | (c)(d) The department shall establish sanctions, by rule and regulation, for violations of135 |
|---|
| 146 | | - | this Code section up to and including the revocation of an institution's permit issued136 |
|---|
| 147 | | - | pursuant to Code Section 31-7-3.137 |
|---|
| 148 | | - | (e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to138 |
|---|
| 149 | | - | whom a procedure or therapy is performed, prescribed, or administered in violation of this139 |
|---|
| 150 | | - | Code section from seeking civil or criminal remedy under any other provision of law."140 |
|---|
| 151 | | - | SECTION 3.141 |
|---|
| 152 | | - | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,142 |
|---|
| 153 | | - | is amended by revising Code Section 43-34-15, relating to prohibition on certain therapies143 |
|---|
| 154 | | - | and procedures for treatment of gender dysphoria in minors, regulations, exceptions, and144 |
|---|
| 155 | | - | accountability, as follows:145 |
|---|
| 156 | | - | "43-34-15.146 |
|---|
| 157 | | - | (a) As used in this Code section, the term:147 |
|---|
| 158 | | - | - 6 - 24 LC 52 0541S |
|---|
| 159 | | - | (1) 'Hormone therapy' means treatment that adds, blocks, or removes hormones for the148 |
|---|
| 160 | | - | purpose of assisting a minor with attempting to alter the minor's sex or to alter the149 |
|---|
| 161 | | - | appearance of or affirm the minor's perception of his or her gender or sex if such150 |
|---|
| 162 | | - | appearance or perception is inconsistent with the minor's sex. Such term includes but is151 |
|---|
| 163 | | - | not limited to the provision of, whether biological, bioidentical, or synthetic,152 |
|---|
| 164 | | - | supraphysiologic estrogen or progesterone to a minor who is a biological male or153 |
|---|
| 165 | | - | supraphysiologic testosterone to a minor who is a biological female.154 |
|---|
| 166 | | - | (2) 'Puberty blocking medication' means medication used to delay or suppress pubertal155 |
|---|
| 167 | | - | development in a minor for the purpose of assisting such minor with attempting to alter156 |
|---|
| 168 | | - | the minor's sex or to alter the appearance of or affirm the minor's perception of his or her157 |
|---|
| 169 | | - | gender or sex if such appearance or perception is inconsistent with the minor's sex. Such158 |
|---|
| 170 | | - | term includes gonadotropin-releasing hormone analogues or other synthetic drugs used159 |
|---|
| 171 | | - | in biological males to stop luteinizing hormone secretion and therefore testosterone160 |
|---|
| 172 | | - | production and synthetic drugs used in biological females to stop the production of161 |
|---|
| 173 | | - | estrogen and progesterone.162 |
|---|
| 174 | | - | (3) 'Sex' means the biological state of being male or female, in the context of163 |
|---|
| 175 | | - | reproductive potential or capacity, based on the individual's sex organs, chromosomes,164 |
|---|
| 176 | | - | naturally occurring sex hormones, gonads, and internal and external genitalia present at165 |
|---|
| 177 | | - | birth, including secondary sex characteristics, without regard to an individual's166 |
|---|
| 178 | | - | psychological, chosen, or subjective experience of gender.167 |
|---|
| 179 | | - | (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter168 |
|---|
| 180 | | - | or remove healthy or nondiseased physical or anatomical characteristics or features that169 |
|---|
| 181 | | - | are typical for an individual's sex in order to instill or create physiological or anatomical170 |
|---|
| 182 | | - | characteristics that resemble a sex different from a minor's sex. Such term means genital171 |
|---|
| 183 | | - | or nongenital surgery performed for the purpose of assisting a minor with attempting to172 |
|---|
| 184 | | - | alter the minor's sex or to alter the appearance of or affirm the minor's perception of his173 |
|---|
| 185 | | - | or her gender or sex if such appearance or perception is inconsistent with the minor's sex174 |
|---|
| 186 | | - | - 7 - 24 LC 52 0541S |
|---|
| 187 | | - | and includes but is not limited to castration, clitorectomy, clitoroplasty, hysterectomy,175 |
|---|
| 188 | | - | mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy, penectomy,176 |
|---|
| 189 | | - | phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.177 |
|---|
| 190 | | - | (a)(b) Except as otherwise provided in subsection (b) (c) of this Code section, the178 |
|---|
| 191 | | - | following irreversible procedures and irreversible or reversible therapies performed on a179 |
|---|
| 192 | | - | minor for the treatment of gender dysphoria or prescribed or administered to a minor if180 |
|---|
| 193 | | - | such procedure or therapy is performed or prescribed or administered for the purpose of181 |
|---|
| 194 | | - | attempting to alter a minor's sex or alter the appearance of or affirm the minor's perception182 |
|---|
| 195 | | - | of his or her gender or sex if that appearance or perception is inconsistent with the minor's183 |
|---|
| 196 | | - | sex are prohibited in this state:184 |
|---|
| 197 | | - | (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for185 |
|---|
| 198 | | - | the purpose of altering primary or secondary sexual sex characteristics; and186 |
|---|
| 199 | | - | (2) Hormone replacement therapies that are prescribed or administered for the purpose187 |
|---|
| 200 | | - | of altering primary or secondary sex characteristics or puberty blocking medications that188 |
|---|
| 201 | | - | are prescribed or administered for the purpose of delaying or suppressing puberty.189 |
|---|
| 202 | | - | (b)(c) The board shall adopt rules and regulations regarding the prohibitions contained in190 |
|---|
| 203 | | - | subsection (a) (b) of this Code section, which shall contain limited exceptions for:191 |
|---|
| 204 | | - | (1) Treatments for medical conditions other than gender dysphoria or for the purpose of192 |
|---|
| 205 | | - | sex reassignment where such treatments are deemed medically necessary;193 |
|---|
| 206 | | - | (2)(1) Treatments for individuals born with a medically verifiable disorder of sex194 |
|---|
| 207 | | - | development, including individuals born with ambiguous genitalia or chromosomal195 |
|---|
| 208 | | - | abnormalities resulting in ambiguity regarding the individual's biological sex; and196 |
|---|
| 209 | | - | (3)(2) Treatments for individuals with partial androgen insensitivity syndrome; and197 |
|---|
| 210 | | - | (4) Continued treatment of minors who are, prior to July 1, 2023, being treated with198 |
|---|
| 211 | | - | irreversible hormone replacement therapies.199 |
|---|
| 212 | | - | (c)(d) A licensed physician who violates this Code section shall be held administratively200 |
|---|
| 213 | | - | accountable to the board for such violation.201 |
|---|
| 214 | | - | - 8 - 24 LC 52 0541S |
|---|
| 215 | | - | (e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to202 |
|---|
| 216 | | - | whom a procedure or therapy is performed, prescribed, or administered in violation of this203 |
|---|
| 217 | | - | Code section from seeking civil or criminal remedy under any other provision of law."204 |
|---|
| 218 | | - | SECTION 4.205 |
|---|
| 219 | | - | All laws and parts of laws in conflict with this Act are repealed.206 |
|---|
| 220 | | - | - 9 - |
|---|
| 40 | + | (3) 'Government entity' means any state board, commission, agency, or department or20 |
|---|
| 41 | + | any other form of state or local government, but such term shall not include local school21 |
|---|
| 42 | + | systems, public schools, charter schools, or university buildings.22 |
|---|
| 43 | + | (4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section23 |
|---|
| 44 | + | 26-4-116.2.24 |
|---|
| 45 | + | (5) 'Opioid related overdose' shall have the same meaning as set forth in Code Section25 |
|---|
| 46 | + | 26-4-116.2.26 |
|---|
| 47 | + | (6) 'Qualified government building' means a building in which a government entity is27 |
|---|
| 48 | + | housed or meets in its official capacity, including the portion occupied by a government28 |
|---|
| 49 | + | entity of any building that is not publicly owned, provided that such building contains an29 |
|---|
| 50 | + | automated external defibrillator.30 |
|---|
| 51 | + | (7) 'University building' means any building which forms a part of the University System31 |
|---|
| 52 | + | of Georgia, including any college or university under the government, control, and32 |
|---|
| 53 | + | management of the Board of Regents of the University System of Georgia, or any33 |
|---|
| 54 | + | building under the control of the State Board of the Technical College System of Georgia.34 |
|---|
| 55 | + | (b) The department shall consult with the Department of Behavioral Health and35 |
|---|
| 56 | + | Developmental Disabilities and may consult with any other medical, clinical, or peer36 |
|---|
| 57 | + | support professionals or organizations it deems appropriate to identify and develop37 |
|---|
| 58 | + | educational resources and guidelines on opioid related overdoses. The department shall38 |
|---|
| 59 | + | develop a model training and implementation policy for opioid antagonist administration. 39 |
|---|
| 60 | + | All such educational resources and guidelines and the model training and implementation40 |
|---|
| 61 | + | policy shall be maintained in a prominent manner on the department's principal public41 |
|---|
| 62 | + | website.42 |
|---|
| 63 | + | (c) All qualified government buildings and courthouses shall:43 |
|---|
| 64 | + | H. B. 1170 (SUB) |
|---|
| 65 | + | - 2 - 24 LC 33 9656S |
|---|
| 66 | + | (1) Maintain a supply of at least three unit doses of opioid antagonists; and44 |
|---|
| 67 | + | (2) Ensure that such supply of opioid antagonists is available and accessible during45 |
|---|
| 68 | + | regular business hours and outside of regular business hours for all government entity46 |
|---|
| 69 | + | events.47 |
|---|
| 70 | + | (d) A government entity may make opioid antagonists accessible during government entity48 |
|---|
| 71 | + | events that occur on property that is not publicly owned.49 |
|---|
| 72 | + | (e) No one employee, officer, agent, contractor, or other individual shall be solely50 |
|---|
| 73 | + | responsible for providing training pursuant to subsection (f) of this Code section for any51 |
|---|
| 74 | + | government entity.52 |
|---|
| 75 | + | (f)(1) Every government entity that is based in or operates out of a qualified government53 |
|---|
| 76 | + | building shall establish and implement an internal training and implementation policy for54 |
|---|
| 77 | + | opioid antagonist administration. Such policy may be based on the model training and55 |
|---|
| 78 | + | implementation policy developed by the department pursuant to subsection (b) of this56 |
|---|
| 79 | + | Code section. Each such government entity shall be authorized to receive and administer57 |
|---|
| 80 | + | grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code58 |
|---|
| 81 | + | section.59 |
|---|
| 82 | + | (2) Each internal training and implementation policy provided for in paragraph (1) of this60 |
|---|
| 83 | + | subsection shall:61 |
|---|
| 84 | + | (A) Provide details about how an individual can access opioid antagonist62 |
|---|
| 85 | + | administration training;63 |
|---|
| 86 | + | (B) Specify the location or locations of the government entity's supply of opioid64 |
|---|
| 87 | + | antagonists;65 |
|---|
| 88 | + | (C) Contain an affirmative statement that any trained individual may administer an66 |
|---|
| 89 | + | opioid antagonist to any person whom the trained individual believes in good faith to67 |
|---|
| 90 | + | be experiencing an opioid related overdose; and68 |
|---|
| 91 | + | (D) Contain the following statement: 'Georgia law provides that any trained individual69 |
|---|
| 92 | + | shall be immune from civil liability or professional discipline for any good faith act or70 |
|---|
| 93 | + | H. B. 1170 (SUB) |
|---|
| 94 | + | - 3 - 24 LC 33 9656S |
|---|
| 95 | + | omission to act in the emergency administration of an opioid antagonist to a person71 |
|---|
| 96 | + | believed to be having an opioid related overdose.'72 |
|---|
| 97 | + | (g) All employees, officers, agents, and contractors of government entities and all other73 |
|---|
| 98 | + | individuals who receive training pursuant to subsection (f) of this Code section shall be74 |
|---|
| 99 | + | immune from civil liability or professional discipline for any good faith act or omission to75 |
|---|
| 100 | + | act related to the emergency administration of an opioid antagonist pursuant to this Code76 |
|---|
| 101 | + | section. Good faith shall not include willful misconduct, gross negligence, or recklessness.77 |
|---|
| 102 | + | (h) Notwithstanding any law to the contrary, funds appropriated or otherwise made78 |
|---|
| 103 | + | available to a government entity may be used to comply with the requirements of this Code79 |
|---|
| 104 | + | section by such government entity."80 |
|---|
| 105 | + | SECTION 2.81 |
|---|
| 106 | + | All laws and parts of laws in conflict with this Act are repealed.82 |
|---|
| 107 | + | H. B. 1170 (SUB) |
|---|
| 108 | + | - 4 - |
|---|