24 LC 52 0541S
The Senate Committee on Health and Human Services offered the following
substitute to HB 1170:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and1
professions and businesses, respectively, so as to provide for best health practices and for2
protections of the health of minors and adults in this state; to provide for definitions; to3
provide for educational resources, guidelines, policy, training, and immunity relative to4
opioid antagonists; to require that certain buildings maintain and make accessible opioid5
antagonists; to prohibit prescribing or administering certain hormone therapies and puberty6
blocking medications for certain purposes to minors; to repeal exceptions; to provide for7
related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding11
a new Code section to read as follows:12
"31-2A-20.13
(a) As used in this Code section, the term:14
(1) 'Automated external defibrillator' shall have the same meaning as set forth in Code15
Section 31-11-53.1.16
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(2) 'Courthouse' means a building occupied by judicial courts and containing rooms in17
which judicial proceedings are held, provided that such building contains an automated18
external defibrillator.19
(3) 'Government entity' means any state board, commission, agency, or department, or20
the governing authority of any county, municipality, or consolidated government, but21
such term shall not include local school systems, public schools, charter schools, or22
university buildings.23
(4) 'Opioid antagonist' shall have the same meaning as set forth in Code24
Section 26-4-116.2.25
(5) 'Opioid related overdose' shall have the same meaning as set forth in Code26
Section 26-4-116.2.27
(6) 'Qualified government building' means a building in which a government entity is28
housed or meets in its official capacity, including the portion occupied by a government29
entity of any building that is not publicly owned, provided that such building contains an30
automated external defibrillator.31
(7) 'University building' means any building which forms a part of the University System32
of Georgia, including any college or university under the government, control, and33
management of the Board of Regents of the University System of Georgia, or any34
building under the control of the State Board of the Technical College System of Georgia.35
(b) The department shall consult with the Department of Behavioral Health and36
Developmental Disabilities and may consult with any other medical, clinical, or peer37
support professionals or organizations it deems appropriate to identify and develop38
educational resources and guidelines on opioid related overdoses. The department shall39
develop a model training and implementation policy for opioid antagonist administration. 40
All such educational resources and guidelines and the model training and implementation41
policy shall be maintained in a prominent manner on the department's principal public42
website.43
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(c) All qualified government buildings and courthouses shall:44
(1) Maintain a supply of at least three unit doses of opioid antagonists; and45
(2) Ensure that such supply of opioid antagonists is available and accessible during46
regular business hours and outside of regular business hours for all government entity47
events.48
(d) A government entity may make opioid antagonists accessible during government entity49
events that occur on property that is not publicly owned.50
(e) No one employee, officer, agent, contractor, or other individual shall be solely51
responsible for providing training pursuant to subsection (f) of this Code section for any52
government entity.53
(f)(1) Every government entity that is based in or operates out of a qualified government54
building shall establish and implement an internal training and implementation policy for55
opioid antagonist administration. Such policy may be based on the model training and56
implementation policy developed by the department pursuant to subsection (b) of this57
Code section. Each such government entity shall be authorized to receive and administer58
grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code59
section.60
(2) Each internal training and implementation policy provided for in paragraph (1) of this61
subsection shall:62
(A) Provide details about how an individual can access opioid antagonist63
administration training;64
(B) Specify the location or locations of the government entity's supply of opioid65
antagonists;66
(C) Contain an affirmative statement that any trained individual may administer an67
opioid antagonist to any person whom the trained individual believes in good faith to68
be experiencing an opioid related overdose; and69
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(D) Contain the following statement: 'Georgia law provides that any trained individual70
shall be immune from civil liability or professional discipline for any good faith act or71
omission to act in the emergency administration of an opioid antagonist to a person72
believed to be having an opioid related overdose.'73
(g) All employees, officers, agents, and contractors of government entities and all other74
individuals who receive training pursuant to subsection (f) of this Code section shall be75
immune from civil liability or professional discipline for any good faith act or omission to76
act related to the emergency administration of an opioid antagonist pursuant to this Code77
section. Good faith shall not include willful misconduct, gross negligence, or recklessness.78
(h) Notwithstanding any law to the contrary, funds appropriated or otherwise made79
available to a government entity may be used to comply with the requirements of this Code80
section by such government entity.81
(i) A government entity shall not be subject to civil liability for damages for any failure82
to provide an automated external defibrillator or opioid antagonist pursuant to this Code83
section."84
SECTION 2.85
Said title is further amended by revising Code Section 31-7-3.5, relating to treatment of86
minors for gender dysphoria and penalty for violations, as follows:87
"31-7-3.5.88
(a) As used in this Code section, the term:89
(1) 'Hormone therapy' means treatment that adds, blocks, or removes hormones for the90
purpose of assisting a minor with attempting to alter the minor's sex or to alter the91
appearance of or affirm the minor's perception of his or her gender or sex if such92
appearance or perception is inconsistent with the minor's sex. Such term includes but is93
not limited to the provision of, whether biological, bioidentical, or synthetic,94
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supraphysiologic estrogen or progesterone to a minor who is a biological male or95
supraphysiologic testosterone to a minor who is a biological female.96
(2) 'Puberty blocking medication' means medication used to delay or suppress pubertal97
development in a minor for the purpose of assisting such minor with attempting to alter98
the minor's sex or to alter the appearance of or affirm the minor's perception of his or her99
gender or sex if such appearance or perception is inconsistent with the minor's sex. Such100
term includes gonadotropin-releasing hormone analogues or other synthetic drugs used101
in biological males to stop luteinizing hormone secretion and therefore testosterone102
production and synthetic drugs used in biological females to stop the production of103
estrogen and progesterone.104
(3) 'Sex' means the biological state of being male or female, in the context of105
reproductive potential or capacity, based on the individual's sex organs, chromosomes,106
naturally occurring sex hormones, gonads, and internal and external genitalia present at107
birth, including secondary sex characteristics, without regard to an individual's108
psychological, chosen, or subjective experience of gender.109
(4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter110
or remove healthy or nondiseased physical or anatomical characteristics or features that111
are typical for an individual's sex in order to instill or create physiological or anatomical112
characteristics that resemble a sex different from a minor's sex. Such term means genital113
or nongenital surgery performed for the purpose of assisting a minor with attempting to114
alter the minor's sex or to alter the appearance of or affirm the minor's perception of his115
or her gender or sex if such appearance or perception is inconsistent with the minor's sex116
and includes but is not limited to castration, clitorectomy, clitoroplasty, hysterectomy,117
mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy, penectomy,118
phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.119
(a)(b) Except as provided in subsection (b) (c) of this Code section, none of the following120
irreversible procedures or irreversible or reversible therapies shall be performed on a minor121
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for the treatment of gender dysphoria or prescribed or administered to a minor if such122
procedure or therapy is performed, prescribed, or administered for the purpose of123
attempting to alter a minor's sex or to alter the appearance of or affirm the minor's124
perception of his or her gender or sex if such appearance or perception is inconsistent with125
the minor's sex in an institution licensed pursuant to this article:126
(1) Sex reassignment surgeries, or any other surgical procedures, that are performed for127
the purpose of altering primary or secondary sexual sex characteristics; or128
(2) Hormone replacement therapies that are prescribed or administered for the purpose129
of altering primary or secondary sex characteristics or puberty blocking medications that130
are prescribed or administered for the purpose of delaying or suppressing puberty.131
(b)(c) The provisions of subsection (a) (b) of this Code section shall not apply to treatment132
provided pursuant to an exception contained in subsection (b) (c) of Code133
Section 43-34-15.134
(c)(d) The department shall establish sanctions, by rule and regulation, for violations of135
this Code section up to and including the revocation of an institution's permit issued136
pursuant to Code Section 31-7-3.137
(e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to138
whom a procedure or therapy is performed, prescribed, or administered in violation of this139
Code section from seeking civil or criminal remedy under any other provision of law."140
SECTION 3.141
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,142
is amended by revising Code Section 43-34-15, relating to prohibition on certain therapies143
and procedures for treatment of gender dysphoria in minors, regulations, exceptions, and144
accountability, as follows:145
"43-34-15.146
(a) As used in this Code section, the term:147
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(1) 'Hormone therapy' means treatment that adds, blocks, or removes hormones for the148
purpose of assisting a minor with attempting to alter the minor's sex or to alter the149
appearance of or affirm the minor's perception of his or her gender or sex if such150
appearance or perception is inconsistent with the minor's sex. Such term includes but is151
not limited to the provision of, whether biological, bioidentical, or synthetic,152
supraphysiologic estrogen or progesterone to a minor who is a biological male or153
supraphysiologic testosterone to a minor who is a biological female.154
(2) 'Puberty blocking medication' means medication used to delay or suppress pubertal155
development in a minor for the purpose of assisting such minor with attempting to alter156
the minor's sex or to alter the appearance of or affirm the minor's perception of his or her157
gender or sex if such appearance or perception is inconsistent with the minor's sex. Such158
term includes gonadotropin-releasing hormone analogues or other synthetic drugs used159
in biological males to stop luteinizing hormone secretion and therefore testosterone160
production and synthetic drugs used in biological females to stop the production of161
estrogen and progesterone.162
(3) 'Sex' means the biological state of being male or female, in the context of163
reproductive potential or capacity, based on the individual's sex organs, chromosomes,164
naturally occurring sex hormones, gonads, and internal and external genitalia present at165
birth, including secondary sex characteristics, without regard to an individual's166
psychological, chosen, or subjective experience of gender.167
(4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter168
or remove healthy or nondiseased physical or anatomical characteristics or features that169
are typical for an individual's sex in order to instill or create physiological or anatomical170
characteristics that resemble a sex different from a minor's sex. Such term means genital171
or nongenital surgery performed for the purpose of assisting a minor with attempting to172
alter the minor's sex or to alter the appearance of or affirm the minor's perception of his173
or her gender or sex if such appearance or perception is inconsistent with the minor's sex174
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and includes but is not limited to castration, clitorectomy, clitoroplasty, hysterectomy,175
mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy, penectomy,176
phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.177
(a)(b) Except as otherwise provided in subsection (b) (c) of this Code section, the178
following irreversible procedures and irreversible or reversible therapies performed on a179
minor for the treatment of gender dysphoria or prescribed or administered to a minor if180
such procedure or therapy is performed or prescribed or administered for the purpose of181
attempting to alter a minor's sex or alter the appearance of or affirm the minor's perception182
of his or her gender or sex if that appearance or perception is inconsistent with the minor's183
sex are prohibited in this state:184
(1) Sex reassignment surgeries, or any other surgical procedures, that are performed for185
the purpose of altering primary or secondary sexual sex characteristics; and186
(2) Hormone replacement therapies that are prescribed or administered for the purpose187
of altering primary or secondary sex characteristics or puberty blocking medications that188
are prescribed or administered for the purpose of delaying or suppressing puberty.189
(b)(c) The board shall adopt rules and regulations regarding the prohibitions contained in190
subsection (a) (b) of this Code section, which shall contain limited exceptions for:191
(1) Treatments for medical conditions other than gender dysphoria or for the purpose of192
sex reassignment where such treatments are deemed medically necessary;193
(2)(1) Treatments for individuals born with a medically verifiable disorder of sex194
development, including individuals born with ambiguous genitalia or chromosomal195
abnormalities resulting in ambiguity regarding the individual's biological sex; and196
(3)(2) Treatments for individuals with partial androgen insensitivity syndrome; and197
(4) Continued treatment of minors who are, prior to July 1, 2023, being treated with198
irreversible hormone replacement therapies.199
(c)(d) A licensed physician who violates this Code section shall be held administratively200
accountable to the board for such violation.201
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(e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to202
whom a procedure or therapy is performed, prescribed, or administered in violation of this203
Code section from seeking civil or criminal remedy under any other provision of law."204
SECTION 4.205
All laws and parts of laws in conflict with this Act are repealed.206
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