Georgia 2023-2024 Regular Session

Georgia Senate Bill SB15 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 54 0148
2	2	S. B. 15
3	3	- 1 -
4	4	Senate Bill 15
5	5	By: Senators Harrell of the 40th, Butler of the 55th, Parent of the 42nd, Jones II of the 22nd,
6	6	Jackson of the 41st and others
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons
10	10	1
11	11	and their rights, so as to provide that natural persons do not include an unborn child and shall2
12	12	not be included in certain population based determinations; to amend Chapter 11 of Title 153
13	13	of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide for4
14	14	exceptions to the notice requirement of a pending abortion to the parent or guardian of an5
15	15	unemancipated minor by a physician or their qualified agent under the "Parental Notification6
16	16	Act"; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating7
17	17	to offenses against public health and morals, so as to repeal provisions relating to criminal8
18	18	abortion; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic9
19	19	relations, so as to remove references to abortion; to amend Chapter 1 of Title 20 of the10
20	20	Official Code of Georgia Annotated, relating to general provisions of education, so as to11
21	21	repeal a reference to abortion; to amend Title 31 of the Official Code of Georgia Annotated,12
22	22	relating to health, so as to repeal the "Woman's Right to Know Act" and provisions relating13
23	23	to a physician's obligation in performance of abortions; to provide for fundamental14
24	24	reproductive health rights; to prohibit certain state actions; to provide for injunctive relief and15
25	25	damages; to enact the "Reproductive Freedom Act"; to amend Title 33 of the Official Code16
26	26	of Georgia Annotated, relating to insurance, so as to provide for the repeal of the prohibition17
27	27	on the coverage of certain abortions through certain qualified health plans; to amend Chapter18
28	28	34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants,19 23 LC 54 0148
29	29	S. B. 15
30	30	- 2 -
31	31	and others, so as to repeal a provision relating to criminal abortion; to repeal a provision
32	32	20
33	33	relating to delegation of certain medical acts to advance practice nurses; to repeal a provision21
34	34	relating to abortions not to be performed by physician assistants; to amend Chapter 18 of22
35	35	Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and23
36	36	benefits plans, so as to remove the prohibition on coverage of abortions; to amend Chapter24
37	37	7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to25
38	38	provide that an unborn child with a detectable human heartbeat is not a dependent minor for26
39	39	income tax purposes; to amend Chapter 4 of Title 49 of the Official Code of Georgia27
40	40	Annotated, relating to public assistance, so as to provide for abortion care services under28
41	41	Medicaid; to provide for conforming changes; to provide for a short title; to provide for29
42	42	related matters; to repeal conflicting laws; and for other purposes.30
43	43	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:31
44	44	SECTION 1.32
45	45	This Act shall be known and may be cited as the "Reproductive Freedom Act."33
46	46	SECTION 2.34
47	47	Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their35
48	48	rights, is amended by revising Code Section 1-2-1, relating to classes of persons generally,36
49	49	"natural person" defined, corporations deemed artificial persons, and nature of corporations37
50	50	generally, as follows:38
51	51	"1-2-1.39
52	52	(a) There are two classes of persons: natural and artificial.40
53	53	(b) 'Natural person' means any human being including an unborn child
54	54	from the moment41
55	55	of birth.42 23 LC 54 0148
56	56	S. B. 15
57	57	- 3 -
58	58	(c) Corporations are artificial persons. They are creatures of the law and, except insofar
59	59	43
60	60	as the law forbids it, they are subject to be changed, modified, or destroyed at the will of44
61	61	their creator.45
62	62	(d) Unless otherwise provided by law, any natural person, including an unborn child with
63	63	46
64	64	a detectable human heartbeat, shall be included in population based determinations.47
65	65	(e) As used in this Code section, the term:48
66	66	(1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady49
67	67	and repetitive rhythmic contraction of the heart within the gestational sac.50
68	68	(2) 'Unborn child' means a member of the species Homo sapiens at any stage of51
69	69	development who is carried in the womb."52
70	70	SECTION 3.53
71	71	Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile54
72	72	Code, is amended by revising subsection (b) of Code Section 15-11-64, relating to collection55
73	73	of information by juvenile court clerks, reporting requirement, and data collection, as56
74	74	follows:57
75	75	"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts58
76	76	the total number of petitions or motions filed under subsection (b) (c) of Code Section59
77	77	15-11-682 for the previous calendar year and, of that number, the number in which the60
78	78	court appointed a guardian ad litem, the number in which the court appointed counsel, the61
79	79	number in which the judge issued an order authorizing an abortion without notification, the62
80	80	number in which the judge denied such an order, and, of the last, the number of denials63
81	81	from which an appeal was filed, the number of appeals that resulted in denials being64
82	82	affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk65
83	83	shall make such report by March 15 of each year for the previous calendar year. The66
84	84	individual reports made to the Administrative Office of the Courts shall be held67
85	85	confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating68 23 LC 54 0148
86	86	S. B. 15
87	87	- 4 -
88	88	to open records. The Administrative Office of the Courts shall provide aggregated
89	89	69
90	90	statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such70
91	91	individual reports shall be destroyed six months after submission to the Administrative71
92	92	Office of the Courts."72
93	93	SECTION 4.73
94	94	Said chapter is further amended by revising paragraph (1) of Code Section 15-11-681,74
95	95	relating to definitions for the "Parental Notification Act," as follows:75
96	96	"(1) 'Abortion' shall have the same meaning as set forth in Code Section 31-9A-2
97	97	means76
98	98	the use or prescription of any instrument, medicine, drug, or any other substance or77
99	99	device with the intent to terminate the pregnancy of a female known to be pregnant. The78
100	100	term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,79
101	101	or any other substance or device employed solely to increase the probability of a live80
102	102	birth, to preserve the life or health of the child after live birth, or to remove a dead unborn81
103	103	child who died as a result of a spontaneous abortion. The term 'abortion' also shall not82
104	104	include the prescription or use of contraceptives."83
105	105	SECTION 5.84
106	106	Said chapter is further amended by revising Code Section 15-11-682, relating to parental85
107	107	notification of abortion, hearing, and venue, as follows:86
108	108	"15-11-682.87
109	109	(a) No physician or other person shall perform an abortion upon an unemancipated minor88
110	110	unless:89
111	111	(1)(A) The unemancipated minor seeking an abortion is accompanied by his or her90
112	112	parent or guardian who shall show proper identification and state that he or she is the91
113	113	lawful parent or guardian of the unemancipated minor and that he or she has been92
114	114	notified that an abortion is to be performed on the unemancipated minor;93 23 LC 54 0148
115	115	S. B. 15
116	116	- 5 -
117	117	(B) The physician or the physician's qualified agent gives at least 24 hours' actual
118	118	94
119	119	notice, in person or by telephone, to the parent or guardian of the unemancipated minor95
120	120	of the pending abortion and the name and address of the place where the abortion is to96
121	121	be performed; provided, however, that, if the person so notified indicates that he or she97
122	122	has been previously informed that the unemancipated minor was seeking an abortion98
123	123	or if the person so notified has not been previously informed and he or she clearly99
124	124	expresses that he or she does not wish to consult with the unemancipated minor, then100
125	125	in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or101
126	126	(C) The physician or a physician's qualified agent gives written notice of the pending102
127	127	abortion and the address of the place where the abortion is to be performed, sent by103
128	128	registered or certified mail or statutory overnight delivery, return receipt requested with104
129	129	delivery confirmation, addressed to a parent or guardian of the unemancipated minor105
130	130	at the usual place of abode of the parent or guardian. Unless proof of delivery is106
131	131	otherwise sooner established, such notice shall be deemed delivered 48 hours after107
132	132	mailing. The time of mailing shall be recorded by the physician or agent in the108
133	133	unemancipated minor's file. The abortion may be performed 24 hours after the delivery109
134	134	of the notice; provided, however, that, if the person so notified certifies in writing that110
135	135	he or she has been previously informed that the unemancipated minor was seeking an111
136	136	abortion or if the person so notified has not been previously informed and he or she112
137	137	certifies in writing that he or she does not wish to consult with the unemancipated113
138	138	minor, then in either event the abortion may proceed in accordance with Chapter 9A of114
139	139	Title 31; and115
140	140	(2) The unemancipated minor signs a consent form stating that she consents, freely and116
141	141	without coercion, to the abortion.117
142	142	(b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking
143	143	118
144	144	an abortion if:119
145	145	(1)(A) In the professional judgment of the physician:120 23 LC 54 0148
146	146	S. B. 15
147	147	- 6 -
148	148	(i) Notice to the parent or guardian may lead to physical or emotional harm of the121
149	149	unemancipated minor; and122
150	150	(ii) The unemancipated minor is mature and capable of giving informed consent to123
151	151	an abortion; and124
152	152	(B) The unemancipated minor signs a consent form stating that waiver of notice is125
153	153	necessary under the provisions of this paragraph and that she consents, freely and126
154	154	without coercion, to the abortion; or127
155	155	(2) The physician or the physician's qualified agent makes reasonable effort to give both128
156	156	actual and written notice to a parent or guardian of the unemancipated minor and is129
157	157	unsuccessful.130
158	158	A physician or physician's qualified agent shall not be liable for civil damages or subject131
159	159	to a criminal penalty for his or her decision under this subsection not to give notice to a132
160	160	parent or guardian of an unemancipated minor.133
161	161	(b)(c) If the unemancipated minor or the physician or a physician's qualified agent, as the134
162	162	case may be, elects not to comply with any one of the requirements of subparagraph135
163	163	(a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section and no provision of subsection (b) of136
164	164	this Code section applies to the unemancipated minor, or if the parent or legal guardian of137
165	165	the unemancipated minor cannot be located, the unemancipated minor may petition, on his138
166	166	or her own behalf or by next friend, any juvenile court in the state for a waiver of such139
167	167	requirement pursuant to the procedures provided for in Code Section 15-11-684. The140
168	168	juvenile court shall assist the unemancipated minor or next friend in preparing the petition141
169	169	and notices required pursuant to this Code section. Venue shall be lawful in any county.142
170	170	(c)(d) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),143
171	171	(a)(1)(B), or (a)(1)(C) of this Code section have been met, unless a provision under144
172	172	subsection (b) of this Code section applies or the unemancipated minor has obtained a court145
173	173	order waiving such requirements.146 23 LC 54 0148
174	174	S. B. 15
175	175	- 7 -
176	176	(e) A physician or a physician's qualified agent shall not provide notice to a parent or147
177	177	guardian if the unemancipated minor decides not to have an abortion."148
178	178	SECTION 6.149
179	179	Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against150
180	180	public health and morals, is amended by repealing Article 5, relating to abortion, and151
181	181	designating said article as reserved.152
182	182	SECTION 7.153
183	183	Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is154
184	184	amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support155
185	185	guidelines for determining amount of award, continuation of duty of support, and duration156
186	186	of support.157
187	187	SECTION 8.158
188	188	Said title is further amended by revising paragraph (1) of subsection (c) of Code Section159
189	189	19-7-1, relating to in whom parental power lies, how such power lost, and recovery for160
190	190	homicide of child or unborn child, as follows:161
191	191	"(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some162
192	192	party entitled to recover the full value of the life of the child, either as provided in this163
193	193	Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn164
194	194	child, the right to recover for the full value of the life of such child shall begin at the point165
195	195	at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is166
196	196	present."167 23 LC 54 0148
197	197	S. B. 15
198	198	- 8 -
199	199	SECTION 9.
200	200	168
201	201	Said title is further amended by revising paragraph (2) of subsection (b) of Code Section169
202	202	19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,170
203	203	to whom made, immunity from liability, report based on privileged communication, penalty171
204	204	for failure to report, and spiritual treatment for illnesses, as follows:172
205	205	"(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681
206	206	173
207	207	31-9A-2."174
208	208	SECTION 10.175
209	209	Said title is further amended by revising paragraph (1) of subsection (a) of Code Section176
210	210	19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,177
211	211	and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval178
212	212	of agents, and organizational and entity record keeping, as follows:179
213	213	"(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and180
214	214	authority regarding the care and custody of such child, except the power to consent to the181
215	215	marriage or adoption of such child, the performance or inducement of an abortion on or182
216	216	for such child, or the termination of parental rights to such child. Such power and183
217	217	authority may be delegated without the approval of a court, provided that such delegation184
218	218	of power and authority shall not operate to change or modify any parental or legal rights,185
219	219	obligations, or authority established by an existing court order, including a standing186
220	220	order, or deprive a parent of a child of any parental or legal rights, obligations, or187
221	221	authority regarding the custody, parenting time, visitation, or support of such child. Such188
222	222	delegation of power and authority shall not deprive or limit any support for a child that189
223	223	should be received by such child pursuant to a court order or for any other reason. When190
224	224	support is being collected for the child by the Child Support Enforcement Agency of the191
225	225	department, such agency shall be authorized to redirect support payments to the agent for192 23 LC 54 0148
226	226	S. B. 15
227	227	- 9 -
228	228	the duration of the power of attorney or until the power of attorney is revoked or
229	229	193
230	230	superseded by a court order."194
231	231	SECTION 11.195
232	232	Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code196
233	233	Section 19-9-134, relating to power of attorney form for care of a child and delegation of197
234	234	powers, as follows:198
235	235	"5. Sign by the statement you wish to choose (you may only choose one):199
236	236	(A) ___________________________ (Signature) I delegate to the agent all my power200
237	237	and authority regarding the care and custody of the child named above, including but201
238	238	not limited to the right to inspect and obtain copies of educational records and other202
239	239	records concerning the child, attend school activities and other functions concerning the203
240	240	child, and give or withhold any consent or waiver with respect to school activities,204
241	241	medical and dental treatment, and any other activity, function, or treatment that may205
242	242	concern the child. This delegation shall not include the power or authority to consent206
243	243	to the marriage or adoption of the child, the performance or inducement of an abortion
244	244	207
245	245	on or for the child, or the termination of parental rights to the child.208
246	246	OR209
247	247	(B) ___________________________ (Signature) I delegate to the agent the following210
248	248	specific powers and responsibilities (write in): _______________________________211
249	249	____________________________________________________________________212 23 LC 54 0148
250	250	S. B. 15
251	251	- 10 -
252	252	This delegation shall not include the power or authority to consent to the marriage or
253	253	213
254	254	adoption of the child, the performance or inducement of an abortion on or for the child,
255	255	214
256	256	or the termination of parental rights to the child."215
257	257	SECTION 12.216
258	258	Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general217
259	259	provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,218
260	260	relating to kinship caregiver authorized to provide legal consent.219
261	261	SECTION 13.220
262	262	Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising221
263	263	paragraph (7) of Code Section 31-2-1, relating to legislative intent and grant of authority, as222
264	264	follows:223
265	265	"(7) Promulgate and enforce rules and regulations for the licensing of medical facilities224
266	266	wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141225
267	267	Chapter 9A of this title are to be performed, provided that such rules and regulations are226
268	268	promulgated and enforced in accordance with evidence-based, medically accepted227
269	269	standards, and provided that neither promulgation nor enforcement of any rule or228
270	270	regulation is a pretext for violating Chapter 9A of this title."229
271	271	SECTION 14.230
272	272	Said title is further amended by revising subparagraph (B) of paragraph (4) of Code Section231
273	273	31-7-1, relating to definitions regarding the regulation of hospitals and related institutions,232
274	274	as follows:233
275	275	"(B) Any health facility wherein abortion procedures under subsections (b) and (c) of234
276	276	Code Section 16-12-141 Chapter 9A of this title are performed or are to be performed;"235 23 LC 54 0148
277	277	S. B. 15
278	278	- 11 -
279	279	SECTION 15.
280	280	236
281	281	Said title is further amended by repealing Chapter 9A, relating to Woman's Right to Know,237
282	282	in its entirety and enacting a new Chapter 9A to read as follows:238
283	283	"CHAPTER 9A
284	284	239
285	285	31-9A-1.240
286	286	This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'241
287	287	31-9A-2.242
288	288	As used in this chapter, the term:243
289	289	(1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance244
290	290	or device to terminate the pregnancy of an individual known to be pregnant with an245
291	291	intention other than to increase the probability of a live birth, to preserve the life or health246
292	292	of the child after live birth, or to remove a dead fetus.247
293	293	(2) 'Advanced practice registered nurse' has the meaning provided by Code Section248
294	294	43-26-3, with the addition of certified nurse midwives.249
295	295	(3) 'Covered entity' means any licensed provider of reproductive healthcare services,250
296	296	including but not limited to hospitals, outpatient departments, clinics, reproductive health251
297	297	practices, or offices of healthcare professionals.252
298	298	(4) 'Healthcare professional' means a person who is licensed as a physician, advanced253
299	299	practice registered nurse, or physician assistant.254
300	300	(5) 'Physician' has the meaning provided by Code Section 43-34-1.255
301	301	(6) 'Physician assistant' has the meaning provided by Code Section 43-34-23.256
302	302	(7) 'Pregnancy' means the human reproductive process, beginning with the implantation257
303	303	of an embryo.258 23 LC 54 0148
304	304	S. B. 15
305	305	- 12 -
306	306	(8) 'State' includes any branch, department, agency, instrumentality, and official or other259
307	307	person acting under the color of law of this state or a political subdivision of this state,260
308	308	including any local government, local board of education, or other instrumentality.261
309	309	31-9A-3.262
310	310	(a) Every individual who becomes pregnant has the fundamental right to choose to carry263
311	311	the pregnancy to term or have an abortion.264
312	312	(b) Every individual has the fundamental right to choose or refuse contraception or265
313	313	sterilization.266
314	314	(c) The state shall not, in the regulation or provision of benefits, facilities, services, or267
315	315	information, deny or interfere with an individual's fundamental rights:268
316	316	(1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an269
317	317	abortion, including individuals in the physical or legal custody of the state; and270
318	318	(2) To choose or refuse contraception or sterilization.271
319	319	(d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of272
320	320	this state.273
321	321	31-9A-4.274
322	322	(a) A healthcare professional acting within the professional's lawful scope of practice and275
323	323	in compliance with all generally applicable regulations shall be authorized to provide276
324	324	abortions in this state.277
325	325	(b) This chapter shall not be construed to prevent the Department of Community Health278
326	326	under this title or a healthcare professional licensing board from regulating the practice of279
327	327	abortion or abortion facilities with generally applicable regulations and standards that are280
328	328	in accordance with evidence-based medically accepted standards, provided that such281
329	329	regulation is not a pretext for violating this chapter.282 23 LC 54 0148
330	330	S. B. 15
331	331	- 13 -
332	332	31-9A-5.283
333	333	(a) An individual's right to personal reproductive autonomy is central to their privacy,284
334	334	liberty, and dignity to determine their own life course and shall not be denied or infringed285
335	335	upon by state or local prosecution or in any other manner.286
336	336	(b) No state or local law enforcement agency shall arrest any individual for obtaining an287
337	337	abortion, performing or aiding in the performance of an abortion in this state, or in288
338	338	procuring an abortion in this state if the abortion is performed in accordance with the289
339	339	provisions of this chapter.290
340	340	(c) Notwithstanding any other law, an individual shall not be subject to investigation, civil291
341	341	or criminal penalty, or otherwise deprived of their rights under this article based on their292
342	342	actions or omissions with respect to a pregnancy or an actual, potential, or alleged293
343	343	pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or294
344	344	perinatal death due to causes that occurred in utero.295
345	345	(d) Any individual who aids or assists a pregnant person in exercising her rights under this296
346	346	article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived297
347	347	of their rights, based solely on their actions to aid or assist a pregnant person in exercising298
348	348	her rights under this article, so long as they acted with the pregnant person's voluntary299
349	349	consent.300
350	350	(e) The state shall not discriminate in the protection or enforcement of the fundamental301
351	351	rights set forth in this chapter on the basis of sex, which includes but is not limited to sex302
352	352	stereotypes, gender identity or expression, or perceived gender identity or expression;303
353	353	sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration304
354	354	status; or religion.305
355	355	(f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a306
356	356	civil lawsuit in federal or state court for injunctive relief against the offending state or local307
357	357	official. The court may award costs and reasonable attorney's fees to an aggrieved party308
358	358	who substantially prevails in an action brought under this subsection.309 23 LC 54 0148
359	359	S. B. 15
360	360	- 14 -
361	361	31-9A-6.310
362	362	(a) Subject to the provisions of the federal Health Insurance Portability and Accountability311
363	363	Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action312
364	364	or administrative hearing, a covered entity shall not disclose without written consent from313
365	365	the individual or the individual's guardian or authorized legal representative, the following:314
366	366	(1) Any communication made to the covered entity or any information obtained by the315
367	367	covered entity from an individual or the individual's guardian or authorized legal316
368	368	representative, relating to reproductive healthcare services permitted under the laws of317
369	369	this state; or318
370	370	(2) Any information obtained by personal examination of an individual by the covered319
371	371	entity relating to reproductive healthcare services.320
372	372	(b) A covered entity shall inform the individual or the individual's guardian or authorized321
373	373	legal representative of the individual's right to refuse to consent to the disclosure of the322
374	374	individual's communications and information at or before the time reproductive healthcare323
375	375	services are rendered, or at such time as the individual discloses any information relating324
376	376	to reproductive healthcare services previously rendered.325
377	377	31-9A-7.326
378	378	(a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,327
379	379	procedures, practices, and governmental actions and their implementation, whether328
380	380	statutory or otherwise and whether adopted before or after July 1, 2023.329
381	381	(b) Local government may enact ordinances, standards, rules, or regulations that protect330
382	382	an individual's ability to freely exercise the fundamental rights set forth in this chapter in331
383	383	a manner or to an extent equal to or greater than the protection provided in this chapter.332
384	384	Local government may not regulate an individual's ability to freely exercise the333
385	385	fundamental rights set forth in this chapter in a manner more restrictive than that set forth334
386	386	in this chapter.335 23 LC 54 0148
387	387	S. B. 15
388	388	- 15 -
389	389	31-9A-8.336
390	390	In accordance with Code Section 1-1-3, if any provision of this chapter or its application337
391	391	to any person or circumstance is held invalid, the invalidity does not affect other provisions338
392	392	or applications of this chapter which can be given effect without the invalid provision or339
393	393	application, and to this end the provisions of this chapter are severable."340
394	394	SECTION 16.341
395	395	Said title is further amended by repealing Chapter 9B, relating to physician's obligation in342
396	396	performance of abortions.343
397	397	SECTION 17.344
398	398	Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating345
399	399	to effect of chapter on advance directives for health care on other legal rights and duties, as346
400	400	follows:347
401	401	"(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy348
402	402	killing or to permit any affirmative or deliberate act or omission to end life other than to349
403	403	permit the process of dying as provided in this chapter. Furthermore, nothing in this350
404	404	chapter shall be construed to condone, authorize, or approve abortion."351
405	405	SECTION 18.352
406	406	Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by353
407	407	revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female354
408	408	contraceptive drugs or devices and insurance coverage, as follows:355
409	409	"(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state356
410	410	or approved for issuance or renewal in this state by the Commissioner which provides357
411	411	coverage for prescription drugs on an outpatient basis shall provide coverage for any358
412	412	prescribed drug or device approved by the United States Food and Drug Administration for359 23 LC 54 0148
413	413	S. B. 15
414	414	- 16 -
415	415	use as a contraceptive. This Code section shall not apply to limited benefit policies
416	416	360
417	417	described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing
418	418	361
419	419	contained in this Code section shall be construed to require any insurance company to362
420	420	provide coverage for abortion."363
421	421	SECTION 19.364
422	422	Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of365
423	423	certain abortions through certain qualified health plans prohibited and definitions, and366
424	424	designating said Code section as reserved.367
425	425	SECTION 20.368
426	426	Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section369
427	427	33-60-3, relating to definitions for small business insurance plans, as follows:370
428	428	"(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for371
429	429	complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia372
430	430	and related hospital and outpatient facility charges for dental care for persons who are373
431	431	developmentally disabled, seven or younger, neurologically impaired, or suffering374
432	432	severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian375
433	433	cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code376
434	434	Section 33-24-56.3; coverage for hospital stays after delivery in Code Section377
435	435	33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;378
436	436	treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for379
437	437	equipment and self-management training for individuals with diabetes in Code Section380
438	438	33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code381
439	439	Section 33-24-59.6, provided that nothing contained in this paragraph shall be382
440	440	construed to require any insurance company to provide coverage for abortion; coverage383
441	441	for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code384 23 LC 54 0148
442	442	S. B. 15
443	443	- 17 -
444	444	Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code
445	445	385
446	446	Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate386
447	447	cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order387
448	448	pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in388
449	449	Code Sections 33-29-3.4 and 33-30-4.5."389
450	450	SECTION 21.390
451	451	Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,391
452	452	assistants, and others, is amended by repealing paragraph (8) of subsection (a) of Code392
453	453	Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue393
454	454	discipline, suspension, restoration, investigations, hearings on fitness, immunity, and394
455	455	publication of final disciplinary actions, and designating said paragraph as reserved.395
456	456	SECTION 22.396
457	457	Said chapter is further amended by repealing subsection (l) of Code Section 43-34-25,397
458	458	relating to delegation of certain medical acts to advanced practice registered nurse,398
459	459	construction and limitations of such delegation, definitions, conditions of nurse protocol, and399
460	460	issuance of prescription drug orders, and designating said subsection as reserved.400
461	461	SECTION 23.401
462	462	Said chapter is further amended by repealing Code Section 43-34-110, relating to abortions402
463	463	not to be performed by physician assistants.403
464	464	SECTION 24.404
465	465	Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'405
466	466	insurance and benefits plans, is amended by revising Code Section 45-18-4, relating to406
467	467	expenses not to be covered by plan, as follows:407 23 LC 54 0148
468	468	S. B. 15
469	469	- 18 -
470	470	"45-18-4.
471	471	408
472	472	The health insurance plan shall not include expenses incurred by or on account of an409
473	473	individual prior to the effective date of the plan; expenses for services received for injury410
474	474	or sickness due to war or any act of war, whether declared or undeclared, which war or act411
475	475	of war shall have occurred after the effective date of this plan; expenses for which the412
476	476	individual is not required to make payment; expenses to the extent of benefits provided413
477	477	under any employer group plan other than this plan in which the state participates in the414
478	478	cost thereof; expenses for abortion services except to the extent permitted under the state
479	479	415
480	480	health benefit plan approved by the board as such plan existed on January 1, 2014; and416
481	481	such other expenses as may be excluded by regulations of the board. For purposes of this417
482	482	Code section, the term 'abortion' shall have the same meaning as provided in Code Section418
483	483	31-9A-2."419
484	484	SECTION 25.420
485	485	Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,421
486	486	is amended by revising subsection (a) of Code Section 48-7-26, relating to personal422
487	487	exemptions, as follows:423
488	488	"(a) As used in this Code section, the term 'dependent' shall have the same meaning as in424
489	489	the Internal Revenue Code of 1986; provided, however, that any unborn child with a425
490	490	detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify426
491	491	as a dependent minor."427
492	492	SECTION 26.428
493	493	Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,429
494	494	is amended by revising Code Section 49-4-156, which was designated as reserved, as430
495	495	follows:431 23 LC 54 0148
496	496	S. B. 15
497	497	- 19 -
498	498	"49-4-156.
499	499	432
500	500	The Department of Community Health shall provide payment for all abortion and
501	501	433
502	502	abortion-related services for all recipients of medical assistance as defined by Code Section434
503	503	49-4-141. Reserved."435
504	504	SECTION 27.436
505	505	All laws and parts of laws in conflict with this Act are repealed.437