| 1 | 1 | | 23 LC 54 0147 |
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| 2 | 2 | | H. B. 75 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 75 |
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| 5 | 5 | | By: Representatives Roberts of the 52 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Cannon of the 58 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Beverly of the 143 |
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| 10 | 10 | | rd |
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| 11 | 11 | | , Kendrick |
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| 12 | 12 | | of the 95 |
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| 13 | 13 | | th |
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| 14 | 14 | | , Schofield of the 63 |
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| 15 | 15 | | rd |
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| 16 | 16 | | , and others |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons |
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| 20 | 20 | | 1 |
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| 21 | 21 | | and their rights, so as to provide that natural persons do not include an unborn child and shall2 |
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| 22 | 22 | | not be included in certain population based determinations; to amend Chapter 11 of Title 153 |
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| 23 | 23 | | of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide for4 |
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| 24 | 24 | | exceptions to the notice requirement of a pending abortion to the parent or guardian of an5 |
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| 25 | 25 | | unemancipated minor by a physician or their qualified agent under the "Parental Notification6 |
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| 26 | 26 | | Act"; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating7 |
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| 27 | 27 | | to offenses against public health and morals, so as to repeal provisions relating to criminal8 |
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| 28 | 28 | | abortion; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic9 |
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| 29 | 29 | | relations, so as to remove references to abortion; to amend Chapter 1 of Title 20 of the10 |
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| 30 | 30 | | Official Code of Georgia Annotated, relating to general provisions of education, so as to11 |
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| 31 | 31 | | repeal a reference to abortion; to amend Title 31 of the Official Code of Georgia Annotated,12 |
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| 32 | 32 | | relating to health, so as to repeal the "Woman's Right to Know Act" and provisions relating13 |
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| 33 | 33 | | to a physician's obligation in performance of abortions; to provide for fundamental14 |
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| 34 | 34 | | reproductive health rights; to prohibit certain state actions; to provide for injunctive relief and15 |
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| 35 | 35 | | damages; to enact the "Reproductive Freedom Act"; to amend Title 33 of the Official Code16 |
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| 36 | 36 | | of Georgia Annotated, relating to insurance, so as to provide for the repeal of the prohibition17 |
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| 37 | 37 | | on the coverage of certain abortions through certain qualified health plans; to amend Chapter18 23 LC 54 0147 |
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| 38 | 38 | | H. B. 75 |
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| 39 | 39 | | - 2 - |
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| 40 | 40 | | 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, |
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| 41 | 41 | | 19 |
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| 42 | 42 | | and others, so as to repeal a provision relating to criminal abortion; to repeal a provision20 |
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| 43 | 43 | | relating to delegation of certain medical acts to advance practice nurses; to repeal a provision21 |
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| 44 | 44 | | relating to abortions not to be performed by physician assistants; to amend Chapter 18 of22 |
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| 45 | 45 | | Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and23 |
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| 46 | 46 | | benefits plans, so as to remove the prohibition on coverage of abortions; to amend Chapter24 |
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| 47 | 47 | | 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to25 |
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| 48 | 48 | | provide that an unborn child with a detectable human heartbeat is not a dependent minor for26 |
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| 49 | 49 | | income tax purposes; to amend Chapter 4 of Title 49 of the Official Code of Georgia27 |
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| 50 | 50 | | Annotated, relating to public assistance, so as to provide for abortion care services under28 |
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| 51 | 51 | | Medicaid; to provide for conforming changes; to provide for a short title; to provide for29 |
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| 52 | 52 | | related matters; to repeal conflicting laws; and for other purposes.30 |
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| 53 | 53 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:31 |
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| 54 | 54 | | SECTION 1.32 |
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| 55 | 55 | | This Act shall be known and may be cited as the "Reproductive Freedom Act."33 |
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| 56 | 56 | | SECTION 2.34 |
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| 57 | 57 | | Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their35 |
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| 58 | 58 | | rights, is amended by revising Code Section 1-2-1, relating to classes of persons generally,36 |
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| 59 | 59 | | "natural person" defined, corporations deemed artificial persons, and nature of corporations37 |
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| 60 | 60 | | generally, as follows:38 |
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| 61 | 61 | | "1-2-1.39 |
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| 62 | 62 | | (a) There are two classes of persons: natural and artificial.40 |
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| 63 | 63 | | (b) 'Natural person' means any human being including an unborn child |
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| 64 | 64 | | from the moment41 |
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| 65 | 65 | | of birth.42 23 LC 54 0147 |
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| 66 | 66 | | H. B. 75 |
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| 67 | 67 | | - 3 - |
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| 68 | 68 | | (c) Corporations are artificial persons. They are creatures of the law and, except insofar |
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| 69 | 69 | | 43 |
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| 70 | 70 | | as the law forbids it, they are subject to be changed, modified, or destroyed at the will of44 |
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| 71 | 71 | | their creator.45 |
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| 72 | 72 | | (d) Unless otherwise provided by law, any natural person, including an unborn child with |
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| 73 | 73 | | 46 |
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| 74 | 74 | | a detectable human heartbeat, shall be included in population based determinations.47 |
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| 75 | 75 | | (e) As used in this Code section, the term:48 |
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| 76 | 76 | | (1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady49 |
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| 77 | 77 | | and repetitive rhythmic contraction of the heart within the gestational sac.50 |
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| 78 | 78 | | (2) 'Unborn child' means a member of the species Homo sapiens at any stage of51 |
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| 79 | 79 | | development who is carried in the womb."52 |
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| 80 | 80 | | SECTION 3.53 |
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| 81 | 81 | | Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile54 |
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| 82 | 82 | | Code, is amended by revising subsection (b) of Code Section 15-11-64, relating to collection55 |
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| 83 | 83 | | of information by juvenile court clerks, reporting requirement, and data collection, as56 |
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| 84 | 84 | | follows:57 |
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| 85 | 85 | | "(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts58 |
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| 86 | 86 | | the total number of petitions or motions filed under subsection (b) (c) of Code Section59 |
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| 87 | 87 | | 15-11-682 for the previous calendar year and, of that number, the number in which the60 |
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| 88 | 88 | | court appointed a guardian ad litem, the number in which the court appointed counsel, the61 |
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| 89 | 89 | | number in which the judge issued an order authorizing an abortion without notification, the62 |
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| 90 | 90 | | number in which the judge denied such an order, and, of the last, the number of denials63 |
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| 91 | 91 | | from which an appeal was filed, the number of appeals that resulted in denials being64 |
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| 92 | 92 | | affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk65 |
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| 93 | 93 | | shall make such report by March 15 of each year for the previous calendar year. The66 |
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| 94 | 94 | | individual reports made to the Administrative Office of the Courts shall be held67 |
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| 95 | 95 | | confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating68 23 LC 54 0147 |
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| 96 | 96 | | H. B. 75 |
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| 97 | 97 | | - 4 - |
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| 98 | 98 | | to open records. The Administrative Office of the Courts shall provide aggregated |
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| 99 | 99 | | 69 |
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| 100 | 100 | | statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such70 |
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| 101 | 101 | | individual reports shall be destroyed six months after submission to the Administrative71 |
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| 102 | 102 | | Office of the Courts."72 |
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| 103 | 103 | | SECTION 4.73 |
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| 104 | 104 | | Said chapter is further amended by revising paragraph (1) of Code Section 15-11-681,74 |
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| 105 | 105 | | relating to definitions for the "Parental Notification Act," as follows:75 |
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| 106 | 106 | | "(1) 'Abortion' shall have the same meaning as set forth in Code Section 31-9A-2 |
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| 107 | 107 | | means76 |
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| 108 | 108 | | the use or prescription of any instrument, medicine, drug, or any other substance or77 |
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| 109 | 109 | | device with the intent to terminate the pregnancy of a female known to be pregnant. The78 |
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| 110 | 110 | | term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,79 |
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| 111 | 111 | | or any other substance or device employed solely to increase the probability of a live80 |
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| 112 | 112 | | birth, to preserve the life or health of the child after live birth, or to remove a dead unborn81 |
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| 113 | 113 | | child who died as a result of a spontaneous abortion. The term 'abortion' also shall not82 |
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| 114 | 114 | | include the prescription or use of contraceptives."83 |
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| 115 | 115 | | SECTION 5.84 |
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| 116 | 116 | | Said chapter is further amended by revising Code Section 15-11-682, relating to parental85 |
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| 117 | 117 | | notification of abortion, hearing, and venue, as follows:86 |
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| 118 | 118 | | "15-11-682.87 |
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| 119 | 119 | | (a) No physician or other person shall perform an abortion upon an unemancipated minor88 |
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| 120 | 120 | | unless:89 |
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| 121 | 121 | | (1)(A) The unemancipated minor seeking an abortion is accompanied by his or her90 |
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| 122 | 122 | | parent or guardian who shall show proper identification and state that he or she is the91 |
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| 123 | 123 | | lawful parent or guardian of the unemancipated minor and that he or she has been92 |
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| 124 | 124 | | notified that an abortion is to be performed on the unemancipated minor;93 23 LC 54 0147 |
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| 125 | 125 | | H. B. 75 |
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| 126 | 126 | | - 5 - |
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| 127 | 127 | | (B) The physician or the physician's qualified agent gives at least 24 hours' actual |
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| 128 | 128 | | 94 |
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| 129 | 129 | | notice, in person or by telephone, to the parent or guardian of the unemancipated minor95 |
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| 130 | 130 | | of the pending abortion and the name and address of the place where the abortion is to96 |
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| 131 | 131 | | be performed; provided, however, that, if the person so notified indicates that he or she97 |
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| 132 | 132 | | has been previously informed that the unemancipated minor was seeking an abortion98 |
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| 133 | 133 | | or if the person so notified has not been previously informed and he or she clearly99 |
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| 134 | 134 | | expresses that he or she does not wish to consult with the unemancipated minor, then100 |
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| 135 | 135 | | in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or101 |
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| 136 | 136 | | (C) The physician or a physician's qualified agent gives written notice of the pending102 |
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| 137 | 137 | | abortion and the address of the place where the abortion is to be performed, sent by103 |
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| 138 | 138 | | registered or certified mail or statutory overnight delivery, return receipt requested with104 |
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| 139 | 139 | | delivery confirmation, addressed to a parent or guardian of the unemancipated minor105 |
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| 140 | 140 | | at the usual place of abode of the parent or guardian. Unless proof of delivery is106 |
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| 141 | 141 | | otherwise sooner established, such notice shall be deemed delivered 48 hours after107 |
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| 142 | 142 | | mailing. The time of mailing shall be recorded by the physician or agent in the108 |
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| 143 | 143 | | unemancipated minor's file. The abortion may be performed 24 hours after the delivery109 |
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| 144 | 144 | | of the notice; provided, however, that, if the person so notified certifies in writing that110 |
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| 145 | 145 | | he or she has been previously informed that the unemancipated minor was seeking an111 |
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| 146 | 146 | | abortion or if the person so notified has not been previously informed and he or she112 |
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| 147 | 147 | | certifies in writing that he or she does not wish to consult with the unemancipated113 |
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| 148 | 148 | | minor, then in either event the abortion may proceed in accordance with Chapter 9A of114 |
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| 149 | 149 | | Title 31; and115 |
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| 150 | 150 | | (2) The unemancipated minor signs a consent form stating that she consents, freely and116 |
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| 151 | 151 | | without coercion, to the abortion.117 |
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| 152 | 152 | | (b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking |
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| 153 | 153 | | 118 |
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| 154 | 154 | | an abortion if:119 |
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| 155 | 155 | | (1)(A) In the professional judgment of the physician:120 23 LC 54 0147 |
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| 156 | 156 | | H. B. 75 |
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| 157 | 157 | | - 6 - |
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| 158 | 158 | | (i) Notice to the parent or guardian may lead to physical or emotional harm of the121 |
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| 159 | 159 | | unemancipated minor; and122 |
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| 160 | 160 | | (ii) The unemancipated minor is mature and capable of giving informed consent to123 |
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| 161 | 161 | | an abortion; and124 |
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| 162 | 162 | | (B) The unemancipated minor signs a consent form stating that waiver of notice is125 |
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| 163 | 163 | | necessary under the provisions of this paragraph and that she consents, freely and126 |
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| 164 | 164 | | without coercion, to the abortion; or127 |
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| 165 | 165 | | (2) The physician or the physician's qualified agent makes reasonable effort to give both128 |
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| 166 | 166 | | actual and written notice to a parent or guardian of the unemancipated minor and is129 |
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| 167 | 167 | | unsuccessful.130 |
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| 168 | 168 | | A physician or physician's qualified agent shall not be liable for civil damages or subject131 |
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| 169 | 169 | | to a criminal penalty for his or her decision under this subsection not to give notice to a132 |
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| 170 | 170 | | parent or guardian of an unemancipated minor.133 |
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| 171 | 171 | | (b)(c) If the unemancipated minor or the physician or a physician's qualified agent, as the134 |
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| 172 | 172 | | case may be, elects not to comply with any one of the requirements of subparagraph135 |
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| 173 | 173 | | (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section and no provision of subsection (b) of136 |
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| 174 | 174 | | this Code section applies to the unemancipated minor, or if the parent or legal guardian of137 |
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| 175 | 175 | | the unemancipated minor cannot be located, the unemancipated minor may petition, on his138 |
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| 176 | 176 | | or her own behalf or by next friend, any juvenile court in the state for a waiver of such139 |
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| 177 | 177 | | requirement pursuant to the procedures provided for in Code Section 15-11-684. The140 |
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| 178 | 178 | | juvenile court shall assist the unemancipated minor or next friend in preparing the petition141 |
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| 179 | 179 | | and notices required pursuant to this Code section. Venue shall be lawful in any county.142 |
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| 180 | 180 | | (c)(d) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),143 |
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| 181 | 181 | | (a)(1)(B), or (a)(1)(C) of this Code section have been met, unless a provision under144 |
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| 182 | 182 | | subsection (b) of this Code section applies or the unemancipated minor has obtained a court145 |
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| 183 | 183 | | order waiving such requirements.146 23 LC 54 0147 |
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| 184 | 184 | | H. B. 75 |
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| 185 | 185 | | - 7 - |
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| 186 | 186 | | (e) A physician or a physician's qualified agent shall not provide notice to a parent or147 |
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| 187 | 187 | | guardian if the unemancipated minor decides not to have an abortion."148 |
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| 188 | 188 | | SECTION 6.149 |
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| 189 | 189 | | Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against150 |
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| 190 | 190 | | public health and morals, is amended by repealing Article 5, relating to abortion, and151 |
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| 191 | 191 | | designating said article as reserved.152 |
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| 192 | 192 | | SECTION 7.153 |
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| 193 | 193 | | Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is154 |
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| 194 | 194 | | amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support155 |
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| 195 | 195 | | guidelines for determining amount of award, continuation of duty of support, and duration156 |
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| 196 | 196 | | of support.157 |
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| 197 | 197 | | SECTION 8.158 |
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| 198 | 198 | | Said title is further amended by revising paragraph (1) of subsection (c) of Code Section159 |
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| 199 | 199 | | 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for160 |
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| 200 | 200 | | homicide of child or unborn child, as follows:161 |
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| 201 | 201 | | "(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some162 |
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| 202 | 202 | | party entitled to recover the full value of the life of the child, either as provided in this163 |
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| 203 | 203 | | Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn164 |
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| 204 | 204 | | child, the right to recover for the full value of the life of such child shall begin at the point165 |
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| 205 | 205 | | at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is166 |
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| 206 | 206 | | present."167 23 LC 54 0147 |
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| 207 | 207 | | H. B. 75 |
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| 208 | 208 | | - 8 - |
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| 209 | 209 | | SECTION 9. |
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| 210 | 210 | | 168 |
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| 211 | 211 | | Said title is further amended by revising paragraph (2) of subsection (b) of Code Section169 |
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| 212 | 212 | | 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,170 |
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| 213 | 213 | | to whom made, immunity from liability, report based on privileged communication, penalty171 |
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| 214 | 214 | | for failure to report, and spiritual treatment for illnesses, as follows:172 |
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| 215 | 215 | | "(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681 |
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| 216 | 216 | | 173 |
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| 217 | 217 | | 31-9A-2."174 |
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| 218 | 218 | | SECTION 10.175 |
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| 219 | 219 | | Said title is further amended by revising paragraph (1) of subsection (a) of Code Section176 |
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| 220 | 220 | | 19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,177 |
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| 221 | 221 | | and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval178 |
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| 222 | 222 | | of agents, and organizational and entity record keeping, as follows:179 |
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| 223 | 223 | | "(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and180 |
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| 224 | 224 | | authority regarding the care and custody of such child, except the power to consent to the181 |
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| 225 | 225 | | marriage or adoption of such child, the performance or inducement of an abortion on or182 |
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| 226 | 226 | | for such child, or the termination of parental rights to such child. Such power and183 |
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| 227 | 227 | | authority may be delegated without the approval of a court, provided that such delegation184 |
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| 228 | 228 | | of power and authority shall not operate to change or modify any parental or legal rights,185 |
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| 229 | 229 | | obligations, or authority established by an existing court order, including a standing186 |
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| 230 | 230 | | order, or deprive a parent of a child of any parental or legal rights, obligations, or187 |
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| 231 | 231 | | authority regarding the custody, parenting time, visitation, or support of such child. Such188 |
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| 232 | 232 | | delegation of power and authority shall not deprive or limit any support for a child that189 |
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| 233 | 233 | | should be received by such child pursuant to a court order or for any other reason. When190 |
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| 234 | 234 | | support is being collected for the child by the Child Support Enforcement Agency of the191 |
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| 235 | 235 | | department, such agency shall be authorized to redirect support payments to the agent for192 23 LC 54 0147 |
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| 236 | 236 | | H. B. 75 |
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| 237 | 237 | | - 9 - |
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| 238 | 238 | | the duration of the power of attorney or until the power of attorney is revoked or |
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| 239 | 239 | | 193 |
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| 240 | 240 | | superseded by a court order."194 |
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| 241 | 241 | | SECTION 11.195 |
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| 242 | 242 | | Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code196 |
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| 243 | 243 | | Section 19-9-134, relating to power of attorney form for care of a child and delegation of197 |
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| 244 | 244 | | powers, as follows:198 |
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| 245 | 245 | | "5. Sign by the statement you wish to choose (you may only choose one):199 |
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| 246 | 246 | | (A) ___________________________ (Signature) I delegate to the agent all my power200 |
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| 247 | 247 | | and authority regarding the care and custody of the child named above, including but201 |
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| 248 | 248 | | not limited to the right to inspect and obtain copies of educational records and other202 |
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| 249 | 249 | | records concerning the child, attend school activities and other functions concerning the203 |
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| 250 | 250 | | child, and give or withhold any consent or waiver with respect to school activities,204 |
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| 251 | 251 | | medical and dental treatment, and any other activity, function, or treatment that may205 |
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| 252 | 252 | | concern the child. This delegation shall not include the power or authority to consent206 |
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| 253 | 253 | | to the marriage or adoption of the child, the performance or inducement of an abortion |
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| 254 | 254 | | 207 |
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| 255 | 255 | | on or for the child, or the termination of parental rights to the child.208 |
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| 256 | 256 | | OR209 |
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| 257 | 257 | | (B) ___________________________ (Signature) I delegate to the agent the following210 |
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| 258 | 258 | | specific powers and responsibilities (write in): _______________________________211 |
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| 259 | 259 | | ____________________________________________________________________212 23 LC 54 0147 |
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| 260 | 260 | | H. B. 75 |
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| 261 | 261 | | - 10 - |
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| 262 | 262 | | This delegation shall not include the power or authority to consent to the marriage or |
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| 263 | 263 | | 213 |
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| 264 | 264 | | adoption of the child, the performance or inducement of an abortion on or for the child, |
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| 265 | 265 | | 214 |
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| 266 | 266 | | or the termination of parental rights to the child."215 |
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| 267 | 267 | | SECTION 12.216 |
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| 268 | 268 | | Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general217 |
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| 269 | 269 | | provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,218 |
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| 270 | 270 | | relating to kinship caregiver authorized to provide legal consent.219 |
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| 271 | 271 | | SECTION 13.220 |
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| 272 | 272 | | Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising221 |
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| 273 | 273 | | paragraph (7) of Code Section 31-2-1, relating to legislative intent and grant of authority, as222 |
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| 274 | 274 | | follows:223 |
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| 275 | 275 | | "(7) Promulgate and enforce rules and regulations for the licensing of medical facilities224 |
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| 276 | 276 | | wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141225 |
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| 277 | 277 | | Chapter 9A of this title are to be performed, provided that such rules and regulations are226 |
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| 278 | 278 | | promulgated and enforced in accordance with evidence-based, medically accepted227 |
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| 279 | 279 | | standards, and provided that neither promulgation nor enforcement of any rule or228 |
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| 280 | 280 | | regulation is a pretext for violating Chapter 9A of this title."229 |
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| 281 | 281 | | SECTION 14.230 |
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| 282 | 282 | | Said title is further amended by revising subparagraph (B) of paragraph (4) of Code Section231 |
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| 283 | 283 | | 31-7-1, relating to definitions regarding the regulation of hospitals and related institutions,232 |
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| 284 | 284 | | as follows:233 |
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| 285 | 285 | | "(B) Any health facility wherein abortion procedures under subsections (b) and (c) of234 |
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| 286 | 286 | | Code Section 16-12-141 Chapter 9A of this title are performed or are to be performed;"235 23 LC 54 0147 |
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| 287 | 287 | | H. B. 75 |
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| 288 | 288 | | - 11 - |
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| 289 | 289 | | SECTION 15. |
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| 290 | 290 | | 236 |
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| 291 | 291 | | Said title is further amended by repealing Chapter 9A, relating to Woman's Right to Know,237 |
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| 292 | 292 | | in its entirety and enacting a new Chapter 9A to read as follows:238 |
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| 293 | 293 | | "CHAPTER 9A |
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| 294 | 294 | | 239 |
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| 295 | 295 | | 31-9A-1.240 |
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| 296 | 296 | | This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'241 |
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| 297 | 297 | | 31-9A-2.242 |
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| 298 | 298 | | As used in this chapter, the term:243 |
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| 299 | 299 | | (1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance244 |
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| 300 | 300 | | or device to terminate the pregnancy of an individual known to be pregnant with an245 |
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| 301 | 301 | | intention other than to increase the probability of a live birth, to preserve the life or health246 |
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| 302 | 302 | | of the child after live birth, or to remove a dead fetus.247 |
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| 303 | 303 | | (2) 'Advanced practice registered nurse' has the meaning provided by Code Section248 |
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| 304 | 304 | | 43-26-3, with the addition of certified nurse midwives.249 |
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| 305 | 305 | | (3) 'Covered entity' means any licensed provider of reproductive healthcare services,250 |
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| 306 | 306 | | including but not limited to hospitals, outpatient departments, clinics, reproductive health251 |
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| 307 | 307 | | practices, or offices of healthcare professionals.252 |
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| 308 | 308 | | (4) 'Healthcare professional' means a person who is licensed as a physician, advanced253 |
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| 309 | 309 | | practice registered nurse, or physician assistant.254 |
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| 310 | 310 | | (5) 'Physician' has the meaning provided by Code Section 43-34-1.255 |
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| 311 | 311 | | (6) 'Physician assistant' has the meaning provided by Code Section 43-34-23.256 |
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| 312 | 312 | | (7) 'Pregnancy' means the human reproductive process, beginning with the implantation257 |
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| 313 | 313 | | of an embryo.258 23 LC 54 0147 |
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| 314 | 314 | | H. B. 75 |
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| 315 | 315 | | - 12 - |
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| 316 | 316 | | (8) 'State' includes any branch, department, agency, instrumentality, and official or other259 |
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| 317 | 317 | | person acting under the color of law of this state or a political subdivision of this state,260 |
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| 318 | 318 | | including any local government, local board of education, or other instrumentality.261 |
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| 319 | 319 | | 31-9A-3.262 |
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| 320 | 320 | | (a) Every individual who becomes pregnant has the fundamental right to choose to carry263 |
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| 321 | 321 | | the pregnancy to term or have an abortion.264 |
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| 322 | 322 | | (b) Every individual has the fundamental right to choose or refuse contraception or265 |
|---|
| 323 | 323 | | sterilization.266 |
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| 324 | 324 | | (c) The state shall not, in the regulation or provision of benefits, facilities, services, or267 |
|---|
| 325 | 325 | | information, deny or interfere with an individual's fundamental rights:268 |
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| 326 | 326 | | (1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an269 |
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| 327 | 327 | | abortion, including individuals in the physical or legal custody of the state; and270 |
|---|
| 328 | 328 | | (2) To choose or refuse contraception or sterilization.271 |
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| 329 | 329 | | (d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of272 |
|---|
| 330 | 330 | | this state.273 |
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| 331 | 331 | | 31-9A-4.274 |
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| 332 | 332 | | (a) A healthcare professional acting within the professional's lawful scope of practice and275 |
|---|
| 333 | 333 | | in compliance with all generally applicable regulations shall be authorized to provide276 |
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| 334 | 334 | | abortions in this state.277 |
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| 335 | 335 | | (b) This chapter shall not be construed to prevent the Department of Community Health278 |
|---|
| 336 | 336 | | under this title or a healthcare professional licensing board from regulating the practice of279 |
|---|
| 337 | 337 | | abortion or abortion facilities with generally applicable regulations and standards that are280 |
|---|
| 338 | 338 | | in accordance with evidence-based medically accepted standards, provided that such281 |
|---|
| 339 | 339 | | regulation is not a pretext for violating this chapter.282 23 LC 54 0147 |
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| 340 | 340 | | H. B. 75 |
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| 341 | 341 | | - 13 - |
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| 342 | 342 | | 31-9A-5.283 |
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| 343 | 343 | | (a) An individual's right to personal reproductive autonomy is central to their privacy,284 |
|---|
| 344 | 344 | | liberty, and dignity to determine their own life course and shall not be denied or infringed285 |
|---|
| 345 | 345 | | upon by state or local prosecution or in any other manner.286 |
|---|
| 346 | 346 | | (b) No state or local law enforcement agency shall arrest any individual for obtaining an287 |
|---|
| 347 | 347 | | abortion, performing or aiding in the performance of an abortion in this state, or in288 |
|---|
| 348 | 348 | | procuring an abortion in this state if the abortion is performed in accordance with the289 |
|---|
| 349 | 349 | | provisions of this chapter.290 |
|---|
| 350 | 350 | | (c) Notwithstanding any other law, an individual shall not be subject to investigation, civil291 |
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| 351 | 351 | | or criminal penalty, or otherwise deprived of their rights under this article based on their292 |
|---|
| 352 | 352 | | actions or omissions with respect to a pregnancy or an actual, potential, or alleged293 |
|---|
| 353 | 353 | | pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or294 |
|---|
| 354 | 354 | | perinatal death due to causes that occurred in utero.295 |
|---|
| 355 | 355 | | (d) Any individual who aids or assists a pregnant person in exercising her rights under this296 |
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| 356 | 356 | | article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived297 |
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| 357 | 357 | | of their rights, based solely on their actions to aid or assist a pregnant person in exercising298 |
|---|
| 358 | 358 | | her rights under this article, so long as they acted with the pregnant person's voluntary299 |
|---|
| 359 | 359 | | consent.300 |
|---|
| 360 | 360 | | (e) The state shall not discriminate in the protection or enforcement of the fundamental301 |
|---|
| 361 | 361 | | rights set forth in this chapter on the basis of sex, which includes but is not limited to sex302 |
|---|
| 362 | 362 | | stereotypes, gender identity or expression, or perceived gender identity or expression;303 |
|---|
| 363 | 363 | | sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration304 |
|---|
| 364 | 364 | | status; or religion.305 |
|---|
| 365 | 365 | | (f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a306 |
|---|
| 366 | 366 | | civil lawsuit in federal or state court for injunctive relief against the offending state or local307 |
|---|
| 367 | 367 | | official. The court may award costs and reasonable attorney's fees to an aggrieved party308 |
|---|
| 368 | 368 | | who substantially prevails in an action brought under this subsection.309 23 LC 54 0147 |
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| 369 | 369 | | H. B. 75 |
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| 370 | 370 | | - 14 - |
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| 371 | 371 | | 31-9A-6.310 |
|---|
| 372 | 372 | | (a) Subject to the provisions of the federal Health Insurance Portability and Accountability311 |
|---|
| 373 | 373 | | Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action312 |
|---|
| 374 | 374 | | or administrative hearing, a covered entity shall not disclose without written consent from313 |
|---|
| 375 | 375 | | the individual or the individual's guardian or authorized legal representative, the following:314 |
|---|
| 376 | 376 | | (1) Any communication made to the covered entity or any information obtained by the315 |
|---|
| 377 | 377 | | covered entity from an individual or the individual's guardian or authorized legal316 |
|---|
| 378 | 378 | | representative, relating to reproductive healthcare services permitted under the laws of317 |
|---|
| 379 | 379 | | this state; or318 |
|---|
| 380 | 380 | | (2) Any information obtained by personal examination of an individual by the covered319 |
|---|
| 381 | 381 | | entity relating to reproductive healthcare services.320 |
|---|
| 382 | 382 | | (b) A covered entity shall inform the individual or the individual's guardian or authorized321 |
|---|
| 383 | 383 | | legal representative of the individual's right to refuse to consent to the disclosure of the322 |
|---|
| 384 | 384 | | individual's communications and information at or before the time reproductive healthcare323 |
|---|
| 385 | 385 | | services are rendered, or at such time as the individual discloses any information relating324 |
|---|
| 386 | 386 | | to reproductive healthcare services previously rendered.325 |
|---|
| 387 | 387 | | 31-9A-7.326 |
|---|
| 388 | 388 | | (a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,327 |
|---|
| 389 | 389 | | procedures, practices, and governmental actions and their implementation, whether328 |
|---|
| 390 | 390 | | statutory or otherwise and whether adopted before or after July 1, 2023.329 |
|---|
| 391 | 391 | | (b) Local government may enact ordinances, standards, rules, or regulations that protect330 |
|---|
| 392 | 392 | | an individual's ability to freely exercise the fundamental rights set forth in this chapter in331 |
|---|
| 393 | 393 | | a manner or to an extent equal to or greater than the protection provided in this chapter.332 |
|---|
| 394 | 394 | | Local government may not regulate an individual's ability to freely exercise the333 |
|---|
| 395 | 395 | | fundamental rights set forth in this chapter in a manner more restrictive than that set forth334 |
|---|
| 396 | 396 | | in this chapter.335 23 LC 54 0147 |
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| 397 | 397 | | H. B. 75 |
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| 398 | 398 | | - 15 - |
|---|
| 399 | 399 | | 31-9A-8.336 |
|---|
| 400 | 400 | | In accordance with Code Section 1-1-3, if any provision of this chapter or its application337 |
|---|
| 401 | 401 | | to any person or circumstance is held invalid, the invalidity does not affect other provisions338 |
|---|
| 402 | 402 | | or applications of this chapter which can be given effect without the invalid provision or339 |
|---|
| 403 | 403 | | application, and to this end the provisions of this chapter are severable."340 |
|---|
| 404 | 404 | | SECTION 16.341 |
|---|
| 405 | 405 | | Said title is further amended by repealing Chapter 9B, relating to physician's obligation in342 |
|---|
| 406 | 406 | | performance of abortions.343 |
|---|
| 407 | 407 | | SECTION 17.344 |
|---|
| 408 | 408 | | Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating345 |
|---|
| 409 | 409 | | to effect of chapter on advance directives for health care on other legal rights and duties, as346 |
|---|
| 410 | 410 | | follows:347 |
|---|
| 411 | 411 | | "(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy348 |
|---|
| 412 | 412 | | killing or to permit any affirmative or deliberate act or omission to end life other than to349 |
|---|
| 413 | 413 | | permit the process of dying as provided in this chapter. Furthermore, nothing in this350 |
|---|
| 414 | 414 | | chapter shall be construed to condone, authorize, or approve abortion."351 |
|---|
| 415 | 415 | | SECTION 18.352 |
|---|
| 416 | 416 | | Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by353 |
|---|
| 417 | 417 | | revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female354 |
|---|
| 418 | 418 | | contraceptive drugs or devices and insurance coverage, as follows:355 |
|---|
| 419 | 419 | | "(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state356 |
|---|
| 420 | 420 | | or approved for issuance or renewal in this state by the Commissioner which provides357 |
|---|
| 421 | 421 | | coverage for prescription drugs on an outpatient basis shall provide coverage for any358 |
|---|
| 422 | 422 | | prescribed drug or device approved by the United States Food and Drug Administration for359 23 LC 54 0147 |
|---|
| 423 | 423 | | H. B. 75 |
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| 424 | 424 | | - 16 - |
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| 425 | 425 | | use as a contraceptive. This Code section shall not apply to limited benefit policies |
|---|
| 426 | 426 | | 360 |
|---|
| 427 | 427 | | described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing |
|---|
| 428 | 428 | | 361 |
|---|
| 429 | 429 | | contained in this Code section shall be construed to require any insurance company to362 |
|---|
| 430 | 430 | | provide coverage for abortion."363 |
|---|
| 431 | 431 | | SECTION 19.364 |
|---|
| 432 | 432 | | Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of365 |
|---|
| 433 | 433 | | certain abortions through certain qualified health plans prohibited and definitions, and366 |
|---|
| 434 | 434 | | designating said Code section as reserved.367 |
|---|
| 435 | 435 | | SECTION 20.368 |
|---|
| 436 | 436 | | Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section369 |
|---|
| 437 | 437 | | 33-60-3, relating to definitions for small business insurance plans, as follows:370 |
|---|
| 438 | 438 | | "(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for371 |
|---|
| 439 | 439 | | complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia372 |
|---|
| 440 | 440 | | and related hospital and outpatient facility charges for dental care for persons who are373 |
|---|
| 441 | 441 | | developmentally disabled, seven or younger, neurologically impaired, or suffering374 |
|---|
| 442 | 442 | | severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian375 |
|---|
| 443 | 443 | | cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code376 |
|---|
| 444 | 444 | | Section 33-24-56.3; coverage for hospital stays after delivery in Code Section377 |
|---|
| 445 | 445 | | 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;378 |
|---|
| 446 | 446 | | treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for379 |
|---|
| 447 | 447 | | equipment and self-management training for individuals with diabetes in Code Section380 |
|---|
| 448 | 448 | | 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code381 |
|---|
| 449 | 449 | | Section 33-24-59.6, provided that nothing contained in this paragraph shall be382 |
|---|
| 450 | 450 | | construed to require any insurance company to provide coverage for abortion; coverage383 |
|---|
| 451 | 451 | | for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code384 23 LC 54 0147 |
|---|
| 452 | 452 | | H. B. 75 |
|---|
| 453 | 453 | | - 17 - |
|---|
| 454 | 454 | | Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code |
|---|
| 455 | 455 | | 385 |
|---|
| 456 | 456 | | Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate386 |
|---|
| 457 | 457 | | cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order387 |
|---|
| 458 | 458 | | pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in388 |
|---|
| 459 | 459 | | Code Sections 33-29-3.4 and 33-30-4.5."389 |
|---|
| 460 | 460 | | SECTION 21.390 |
|---|
| 461 | 461 | | Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,391 |
|---|
| 462 | 462 | | assistants, and others, is amended by repealing paragraph (8) of subsection (a) of Code392 |
|---|
| 463 | 463 | | Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue393 |
|---|
| 464 | 464 | | discipline, suspension, restoration, investigations, hearings on fitness, immunity, and394 |
|---|
| 465 | 465 | | publication of final disciplinary actions, and designating said paragraph as reserved.395 |
|---|
| 466 | 466 | | SECTION 22.396 |
|---|
| 467 | 467 | | Said chapter is further amended by repealing subsection (l) of Code Section 43-34-25,397 |
|---|
| 468 | 468 | | relating to delegation of certain medical acts to advanced practice registered nurse,398 |
|---|
| 469 | 469 | | construction and limitations of such delegation, definitions, conditions of nurse protocol, and399 |
|---|
| 470 | 470 | | issuance of prescription drug orders, and designating said subsection as reserved.400 |
|---|
| 471 | 471 | | SECTION 23.401 |
|---|
| 472 | 472 | | Said chapter is further amended by repealing Code Section 43-34-110, relating to abortions402 |
|---|
| 473 | 473 | | not to be performed by physician assistants.403 |
|---|
| 474 | 474 | | SECTION 24.404 |
|---|
| 475 | 475 | | Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'405 |
|---|
| 476 | 476 | | insurance and benefits plans, is amended by revising Code Section 45-18-4, relating to406 |
|---|
| 477 | 477 | | expenses not to be covered by plan, as follows:407 23 LC 54 0147 |
|---|
| 478 | 478 | | H. B. 75 |
|---|
| 479 | 479 | | - 18 - |
|---|
| 480 | 480 | | "45-18-4. |
|---|
| 481 | 481 | | 408 |
|---|
| 482 | 482 | | The health insurance plan shall not include expenses incurred by or on account of an409 |
|---|
| 483 | 483 | | individual prior to the effective date of the plan; expenses for services received for injury410 |
|---|
| 484 | 484 | | or sickness due to war or any act of war, whether declared or undeclared, which war or act411 |
|---|
| 485 | 485 | | of war shall have occurred after the effective date of this plan; expenses for which the412 |
|---|
| 486 | 486 | | individual is not required to make payment; expenses to the extent of benefits provided413 |
|---|
| 487 | 487 | | under any employer group plan other than this plan in which the state participates in the414 |
|---|
| 488 | 488 | | cost thereof; expenses for abortion services except to the extent permitted under the state |
|---|
| 489 | 489 | | 415 |
|---|
| 490 | 490 | | health benefit plan approved by the board as such plan existed on January 1, 2014; and416 |
|---|
| 491 | 491 | | such other expenses as may be excluded by regulations of the board. For purposes of this417 |
|---|
| 492 | 492 | | Code section, the term 'abortion' shall have the same meaning as provided in Code Section418 |
|---|
| 493 | 493 | | 31-9A-2."419 |
|---|
| 494 | 494 | | SECTION 25.420 |
|---|
| 495 | 495 | | Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,421 |
|---|
| 496 | 496 | | is amended by revising subsection (a) of Code Section 48-7-26, relating to personal422 |
|---|
| 497 | 497 | | exemptions, as follows:423 |
|---|
| 498 | 498 | | "(a) As used in this Code section, the term 'dependent' shall have the same meaning as in424 |
|---|
| 499 | 499 | | the Internal Revenue Code of 1986; provided, however, that any unborn child with a425 |
|---|
| 500 | 500 | | detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify426 |
|---|
| 501 | 501 | | as a dependent minor."427 |
|---|
| 502 | 502 | | SECTION 26.428 |
|---|
| 503 | 503 | | Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,429 |
|---|
| 504 | 504 | | is amended by revising Code Section 49-4-156, which was designated as reserved, as430 |
|---|
| 505 | 505 | | follows:431 23 LC 54 0147 |
|---|
| 506 | 506 | | H. B. 75 |
|---|
| 507 | 507 | | - 19 - |
|---|
| 508 | 508 | | "49-4-156. |
|---|
| 509 | 509 | | 432 |
|---|
| 510 | 510 | | The Department of Community Health shall provide payment for all abortion and |
|---|
| 511 | 511 | | 433 |
|---|
| 512 | 512 | | abortion-related services for all recipients of medical assistance as defined by Code Section434 |
|---|
| 513 | 513 | | 49-4-141. Reserved."435 |
|---|
| 514 | 514 | | SECTION 27.436 |
|---|
| 515 | 515 | | All laws and parts of laws in conflict with this Act are repealed.437 |
|---|