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