25 LC 48 1444
House Bill 598
By: Representatives Roberts of the 52
nd
, Miller of the 62
nd
, Kendrick of the 95
th
, Schofield
of the 63
rd
, Evans of the 57
th
, 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 repeal the power of the14
Department of Public Health to promulgate and enforce rules and regulations for the15
licensing of medical facilities where abortion procedures are to be performed; to provide for16
fundamental reproductive health rights; to prohibit certain state actions; to provide for17
injunctive relief and damages; to enact the "Reproductive Freedom Act"; to amend Title 3318
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of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the
19
repeal of the prohibition on the coverage of certain abortions through certain qualified health20
plans; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating21
to physicians, assistants, and others, so as to repeal a provision relating to criminal abortion;22
to repeal a provision relating to delegation of certain medical acts to advance practice nurses;23
to repeal a provision relating to abortions not to be performed by physician assistants; to24
amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to25
employees' insurance and benefits plans, so as to remove the prohibition on coverage of26
abortions; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating27
to income taxes, so as to provide that an unborn child with a detectable human heartbeat is28
not a dependent minor for income tax purposes; to amend Chapter 4 of Title 49 of the29
Official Code of Georgia Annotated, relating to public assistance, so as to provide for30
abortion care services under Medicaid; to provide for conforming changes; to provide for a31
short title; to provide for related matters; to repeal conflicting laws; and for other purposes.32
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:33
SECTION 1.34
It is the intention of the General Assembly to recognize that every individual has the35
fundamental right to reproductive freedom and to determine their own life course, that the36
right to reproductive freedom is central to an individual's privacy, liberty, dignity, and37
autonomy, and that every individual should be free to exercise that right free from38
government interference.39
SECTION 2.40
This Act shall be known and may be cited as the "Reproductive Freedom Act."41
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SECTION 3.
42
Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their43
rights, is amended by revising Code Section 1-2-1, relating to classes of persons generally,44
"natural person" defined, corporations deemed artificial persons, and nature of corporations45
generally, as follows:46
"1-2-1.47
(a) There are two classes of persons: natural and artificial.48
(b) 'Natural person' means any human being including an unborn child.
49
(c)(b) Corporations are artificial persons. They are creatures of the law and, except insofar50
as the law forbids it, they are subject to be changed, modified, or destroyed at the will of51
their creator.52
(d) Unless otherwise provided by law, any natural person, including an unborn child with53
a detectable human heartbeat, shall be included in population based determinations.54
(e) As used in this Code section, the term:55
(1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady56
and repetitive rhythmic contraction of the heart within the gestational sac.57
(2) 'Unborn child' means a member of the species Homo sapiens at any stage of58
development who is carried in the womb."59
SECTION 4.60
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile61
Code, is amended by revising subsection (b) of Code Section 15-11-64, relating to collection62
of information by juvenile court clerks, reporting requirement, and data collection, as63
follows:64
"(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts65
the total number of petitions or motions filed under subsection (b) (c) of Code66
Section 15-11-682 for the previous calendar year and, of that number, the number in which67
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the court appointed a guardian ad litem, the number in which the court appointed counsel,
68
the number in which the judge issued an order authorizing an abortion without notification,69
the number in which the judge denied such an order, and, of the last, the number of denials70
from which an appeal was filed, the number of appeals that resulted in denials being71
affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk72
shall make such report by March 15 of each year for the previous calendar year. The73
individual reports made to the Administrative Office of the Courts shall be held74
confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating75
to open records. The Administrative Office of the Courts shall provide aggregated76
statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such77
individual reports shall be destroyed six months after submission to the Administrative78
Office of the Courts."79
SECTION 5.80
Said chapter is further amended by revising paragraph (1) of Code Section 15-11-681,81
relating to definitions for the "Parental Notification Act," as follows:82
"(1) 'Abortion' shall have the same meaning as set forth in Code Section 31-9A-2
means83
the use or prescription of any instrument, medicine, drug, or any other substance or84
device with the intent to terminate the pregnancy of a female known to be pregnant. The85
term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,86
or any other substance or device employed solely to increase the probability of a live87
birth, to preserve the life or health of the child after live birth, or to remove a dead unborn88
child who died as a result of a spontaneous abortion. The term 'abortion' also shall not89
include the prescription or use of contraceptives."90
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SECTION 6.
91
Said chapter is further amended by revising Code Section 15-11-682, relating to parental92
notification of abortion, hearing, and venue, as follows:93
"15-11-682.94
(a) No physician
healthcare professional as defined in Code Section 31-9A-2 or other95
person shall perform an abortion upon an unemancipated minor unless:96
(1)(A) The unemancipated minor seeking an abortion is accompanied by his or her a97
parent or guardian who shall show proper identification and state that he or she is the98
lawful parent or guardian of the unemancipated minor and that he or she has been99
notified that an abortion is to be performed on the unemancipated minor;100
(B) The physician or the physician's healthcare professional or the healthcare101
professional's qualified agent gives at least 24 hours' actual notice, in person or by102
telephone, to the parent or guardian of the unemancipated minor of the pending103
abortion and the name and address of the place where the abortion is to be performed;104
provided, however, that, if the person so notified indicates that he or she has been105
previously informed that the unemancipated minor was seeking an abortion or if the106
person so notified has not been previously informed and he or she clearly expresses that107
he or she does not wish to consult with the unemancipated minor, then in either event108
the abortion may proceed in accordance with Chapter 9A of Title 31; or109
(C) The physician or the physician's healthcare professional or the healthcare110
professional's qualified agent gives written notice of the pending abortion and the111
address of the place where the abortion is to be performed, sent by registered or112
certified mail or statutory overnight delivery, return receipt requested with delivery113
confirmation, addressed to a parent or guardian of the unemancipated minor at the usual114
place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner115
established, such notice shall be deemed delivered 48 hours after mailing. The time of116
mailing shall be recorded by the physician healthcare professional or agent in the117
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unemancipated minor's file. The abortion may be performed 24 hours after the delivery
118
of the notice; provided, however, that, if the person so notified certifies in writing that119
he or she has been previously informed that the unemancipated minor was seeking an120
abortion or if the person so notified has not been previously informed and he or she121
certifies in writing that he or she does not wish to consult with the unemancipated122
minor, then in either event the abortion may proceed in accordance with Chapter 9A of123
Title 31; and124
(2) The unemancipated minor signs a consent form stating that she
the unemancipated125
minor consents, freely and without coercion, to the abortion.126
(b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking127
an abortion if:128
(1)(A) In the professional judgment of the healthcare professional:129
(i) Notice to the parent or guardian may lead to physical or emotional harm of the130
unemancipated minor; and131
(ii) The unemancipated minor is capable of giving informed consent to the abortion;132
and133
(B) The unemancipated minor signs a consent form stating that waiver of notice is134
necessary under the provisions of this paragraph and that the unemanicpated minor135
consents, freely and without coercion, to the abortion; or136
(2) The healthcare professional or the healthcare professional's qualified agent makes137
reasonable effort to give both actual and written notice to a parent or guardian of the138
unemancipated minor and is unsuccessful.139
A healthcare professional or the healthcare professional's qualified agent shall not be liable140
for civil damages or subject to a criminal penalty for his or her decision under this141
subsection not to give notice to a parent or guardian of an unemancipated minor.142
(b)(c) If the unemancipated minor or the physician or the physician's healthcare143
professional or the healthcare professional's qualified agent, as the case may be, elects not144
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to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or
145
(a)(1)(C) of this Code section and no provision of subsection (b) of this Code section
146
applies to the unemancipated minor, or if the parent or legal guardian of the unemancipated147
minor cannot be located, the unemancipated minor may petition, on his or her own behalf148
or by next friend, any juvenile court in the state for a waiver of such requirement pursuant149
to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist150
the unemancipated minor or next friend in preparing the petition and notices required151
pursuant to this Code section. Venue shall be lawful in any county.152
(c)(d) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),153
(a)(1)(B), or (a)(1)(C) of this Code section have been met, unless a provision under154
subsection (b) of this Code section applies or the unemancipated minor has obtained a court155
order waiving such requirements.156
(e) A healthcare professional or a healthcare professional's qualified agent shall not157
provide notice to a parent or guardian if the unemancipated minor decides not to have an158
abortion."159
SECTION 7.160
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against161
public health and morals, is amended by repealing Article 5, relating to abortion, and162
designating said article as reserved.163
SECTION 8.164
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is165
amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support166
guidelines for determining amount of award, continuation of duty of support, and duration167
of support.168
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SECTION 9.
169
Said title is further amended by revising paragraph (1) of subsection (c) of Code Section170
19-7-1, relating to in whom parental power lies, how such power lost, and recovery for171
homicide of child or unborn child, as follows:172
"(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some173
party entitled to recover the full value of the life of the child, either as provided in this174
Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn
175
child, the right to recover for the full value of the life of such child shall begin at the point176
at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is177
present."178
SECTION 10.179
Said title is further amended by revising paragraph (2) of subsection (b) of Code Section180
19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,181
to whom made, immunity from liability, report based on privileged communication, penalty182
for failure to report, and spiritual treatment for illnesses, as follows:183
"(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681184
31-9A-2."185
SECTION 11.186
Said title is further amended by revising paragraph (1) of subsection (a) of Code Section187
19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,188
and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval189
of agents, and organizational and entity record keeping, as follows:190
"(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and191
authority regarding the care and custody of such child, except the power to consent to the192
marriage or adoption of such child, the performance or inducement of an abortion on or193
H. B. 598
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for such child, or the termination of parental rights to such child. Such power and194
authority may be delegated without the approval of a court, provided that such delegation195
of power and authority shall not operate to change or modify any parental or legal rights,196
obligations, or authority established by an existing court order, including a standing197
order, or deprive a parent of a child of any parental or legal rights, obligations, or198
authority regarding the custody, parenting time, visitation, or support of such child. Such199
delegation of power and authority shall not deprive or limit any support for a child that200
should be received by such child pursuant to a court order or for any other reason. When201
support is being collected for the child by the Child Support Enforcement Agency of the202
department, such agency shall be authorized to redirect support payments to the agent for203
the duration of the power of attorney or until the power of attorney is revoked or204
superseded by a court order."205
SECTION 12.206
Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code207
Section 19-9-134, relating to power of attorney form for care of a child, as follows:208
"5. Sign by the statement you wish to choose (you may only choose one):209
(A) ___________________________ (Signature) I delegate to the agent all my power210
and authority regarding the care and custody of the child named above, including but211
not limited to the right to inspect and obtain copies of educational records and other212
records concerning the child, attend school activities and other functions concerning the213
child, and give or withhold any consent or waiver with respect to school activities,214
medical and dental treatment, and any other activity, function, or treatment that may215
concern the child. This delegation shall not include the power or authority to consent216
to the marriage or adoption of the child, the performance or inducement of an abortion217
on or for the child, or the termination of parental rights to the child.218
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OR
219
(B) ___________________________ (Signature) I delegate to the agent the following220
specific powers and responsibilities (write in): _______________________________221
____________________________________________________________________222
This delegation shall not include the power or authority to consent to the marriage or223
adoption of the child, the performance or inducement of an abortion on or for the child,
224
or the termination of parental rights to the child."225
SECTION 13.226
Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general227
provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,228
relating to kinship caregiver authorized to provide legal consent.229
SECTION 14.230
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by231
repealing and reserving paragraph (7) of Code Section 31-2-1, relating to legislative intent232
and grant of authority, as follows:233
"(7) Reserved. Promulgate and enforce rules and regulations for the licensing of medical234
facilities wherein abortion procedures under subsections (b) and (c) of Code Section235
16-12-141 are to be performed."236
SECTION 15.237
Said title is further amended by revising subparagraph (B) of paragraph (4) of Code238
Section 31-7-1, relating to definitions regarding the regulation of hospitals and related239
institutions, as follows:240
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"(B) Any health facility wherein abortion procedures under subsections (b) and (c) of241
Code Section 16-12-141 Chapter 9A of this title are performed or are to be performed;"242
SECTION 16.243
Said title is further amended by repealing Chapter 9A, relating to the "Woman's Right to244
Know Act," in its entirety and enacting a new Chapter 9A to read as follows:245
"CHAPTER 9A246
31-9A-1.247
This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'248
31-9A-2.249
As used in this chapter, the term:250
(1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance251
or device to terminate the pregnancy of an individual known to be pregnant with an252
intention other than to increase the probability of a live birth, to preserve the life or health253
of the child after live birth, or to remove a dead fetus.254
(2) 'Advanced practice registered nurse' has the meaning provided by Code255
Section 43-26-3.256
(3) 'Covered entity' means any licensed provider of reproductive healthcare services,257
including but not limited to hospitals, outpatient departments, clinics, reproductive health258
practices, or offices of healthcare professionals.259
(4) 'Healthcare professional' means a person who is licensed as a physician, advanced260
practice registered nurse, or physician assistant.261
(5) 'Physician' has the meaning provided by Code Section 43-34-1.262
(6) 'Physician assistant' has the meaning provided by Code Section 43-34-23.263
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(7) 'Pregnancy' means the human reproductive process, beginning with the implantation264
of an embryo.265
(8) 'State' includes any branch, department, agency, instrumentality, and official or other266
person acting under the color of law of this state or a political subdivision of this state,267
including any local government, local board of education, or other instrumentality.268
31-9A-3.269
(a) Every individual who becomes pregnant has the fundamental right to choose to carry270
the pregnancy to term or have an abortion.271
(b) Every individual has the fundamental right to choose or refuse contraception or272
sterilization.273
(c) The state shall not, in the regulation or provision of benefits, facilities, services, or274
information, deny or interfere with an individual's fundamental rights:275
(1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an276
abortion, including individuals in the physical or legal custody of the state; and277
(2) To choose or refuse contraception or sterilization.278
(d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of279
this state.280
31-9A-4.281
(a) A healthcare professional acting within the professional's lawful scope of practice and282
in compliance with all generally applicable regulations shall be authorized to provide283
abortions in this state.284
(b) This chapter shall not be construed to prevent the Department of Community Health285
under this title or a healthcare professional licensing board from regulating the practice of286
abortion or abortion facilities with generally applicable regulations and standards that are287
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in accordance with evidence-based medically accepted standards, provided that such288
regulation is not a pretext for violating this chapter.289
31-9A-5.290
(a) An individual's right to personal reproductive autonomy is central to their privacy,291
liberty, and dignity to determine their own life course and shall not be denied or infringed292
upon by state or local prosecution or in any other manner.293
(b) No state or local law enforcement agency shall arrest any individual for obtaining an294
abortion, performing or aiding in the performance of an abortion in this state, or in295
procuring an abortion in this state if the abortion is performed in accordance with the296
provisions of this chapter.297
(c) Notwithstanding any other law, an individual shall not be subject to investigation, civil298
or criminal penalty, or otherwise deprived of their rights under this article based on their299
actions or omissions with respect to a pregnancy or an actual, potential, or alleged300
pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or301
perinatal death due to causes that occurred in utero.302
(d) Any individual who aids or assists a pregnant person in exercising her rights under this303
article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived304
of their rights, based solely on their actions to aid or assist a pregnant person in exercising305
her rights under this article, so long as they acted with the pregnant person's voluntary306
consent.307
(e) The state shall not discriminate in the protection or enforcement of the fundamental308
rights set forth in this chapter on the basis of sex, which includes but is not limited to sex309
stereotypes, gender identity or expression, or perceived gender identity or expression;310
sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration311
status; or religion.312
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(f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a313
civil lawsuit in federal or state court for injunctive relief against the offending state or local314
official. The court may award costs and reasonable attorney's fees to an aggrieved party315
who substantially prevails in an action brought under this subsection.316
31-9A-6.317
(a) Subject to the provisions of the federal Health Insurance Portability and Accountability318
Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action319
or administrative hearing, a covered entity shall not disclose without written consent from320
the individual or the individual's guardian or authorized legal representative, the following:321
(1) Any communication made to the covered entity or any information obtained by the322
covered entity from an individual or the individual's guardian or authorized legal323
representative, relating to reproductive healthcare services permitted under the laws of324
this state; or325
(2) Any information obtained by personal examination of an individual by the covered326
entity relating to reproductive healthcare services.327
(b) A covered entity shall inform the individual or the individual's guardian or authorized328
legal representative of the individual's right to refuse to consent to the disclosure of the329
individual's communications and information at or before the time reproductive healthcare330
services are rendered, or at such time as the individual discloses any information relating331
to reproductive healthcare services previously rendered.332
31-9A-7.333
(a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,334
procedures, practices, and governmental actions and their implementation, whether335
statutory or otherwise and whether adopted before or after July 1, 2023.336
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(b) Local government may enact ordinances, standards, rules, or regulations that protect337
an individual's ability to freely exercise the fundamental rights set forth in this chapter in338
a manner or to an extent equal to or greater than the protection provided in this chapter. 339
Local government may not regulate an individual's ability to freely exercise the340
fundamental rights set forth in this chapter in a manner more restrictive than that set forth341
in this chapter.342
31-9A-8.343
In accordance with Code Section 1-1-3, if any provision of this chapter or its application344
to any person or circumstance is held invalid, the invalidity does not affect other provisions345
or applications of this chapter which can be given effect without the invalid provision or346
application, and to this end the provisions of this chapter are severable."347
SECTION 17.348
Said title is further amended by repealing Chapter 9B, relating to physician's obligation in349
performance of abortions.350
SECTION 18.351
Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating352
to effect of chapter on advance directives for health care on other legal rights and duties, as353
follows:354
"(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy355
killing or to permit any affirmative or deliberate act or omission to end life other than to356
permit the process of dying as provided in this chapter. Furthermore, nothing in this357
chapter shall be construed to condone, authorize, or approve abortion."358
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SECTION 19.
359
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by360
revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female361
contraceptive drugs or devices and insurance coverage, as follows:362
"(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state363
or approved for issuance or renewal in this state by the Commissioner which provides364
coverage for prescription drugs on an outpatient basis shall provide coverage for any365
prescribed drug or device approved by the United States Food and Drug Administration for366
use as a contraceptive. This Code section shall not apply to limited benefit policies367
described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing
368
contained in this Code section shall be construed to require any insurance company to369
provide coverage for abortion."370
SECTION 20.371
Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of372
certain abortions through certain qualified health plans prohibited and definitions, and373
designating said Code section as reserved.374
SECTION 21.375
Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section376
33-60-3, relating to definitions for small business insurance plans, as follows:377
"(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for378
complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia379
and related hospital and outpatient facility charges for dental care for persons who are380
developmentally disabled, seven or younger, neurologically impaired, or suffering381
severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian382
cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code383
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Section 33-24-56.3; coverage for hospital stays after delivery in Code Section
384
33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;385
treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for386
equipment and self-management training for individuals with diabetes in Code Section387
33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code388
Section 33-24-59.6, provided that nothing contained in this paragraph shall be
389
construed to require any insurance company to provide coverage for abortion; coverage390
for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code391
Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code392
Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate393
cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order394
pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in395
Code Sections 33-29-3.4 and 33-30-4.5."396
SECTION 22.397
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,398
assistants, and others, is amended by repealing paragraph (8) of subsection (a) of Code399
Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue400
discipline, suspension, restoration, investigations, hearings on fitness, immunity, and401
publication of final disciplinary actions, and designating said paragraph as reserved.402
SECTION 23.403
Said chapter is further amended by repealing subsection (l) of Code Section 43-34-25,404
relating to delegation of certain medical acts to advanced practice registered nurse,405
construction and limitations of such delegation, conditions of nurse protocol, and issuance406
of prescription drug orders, and designating said subsection as reserved.407
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SECTION 24.
408
Said chapter is further amended by repealing Code Section 43-34-110, relating to abortions409
not to be performed by physician assistants.410
SECTION 25.411
Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'412
insurance and benefits plans, is amended by revising Code Section 45-18-4, relating to413
expenses not to be covered by plan, as follows:414
"45-18-4.415
The health insurance plan shall not include expenses incurred by or on account of an416
individual prior to the effective date of the plan; expenses for services received for injury417
or sickness due to war or any act of war, whether declared or undeclared, which war or act418
of war shall have occurred after the effective date of this plan; expenses for which the419
individual is not required to make payment; expenses to the extent of benefits provided420
under any employer group plan other than this plan in which the state participates in the421
cost thereof; expenses for abortion services except to the extent permitted under the state
422
health benefit plan approved by the board as such plan existed on January 1, 2014; and423
such other expenses as may be excluded by regulations of the board. For purposes of this424
Code section, the term 'abortion' shall have the same meaning as provided in Code Section425
31-9A-2."426
SECTION 26.427
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,428
is amended by revising subsection (a) of Code Section 48-7-26, relating to personal429
exemptions, as follows:430
"(a) As used in this Code section, the term 'dependent' shall have the same meaning as in431
the Internal Revenue Code of 1986; provided, however, that any unborn child with a432
H. B. 598
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detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify433
as a dependent minor."434
SECTION 27.435
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,436
is amended by adding a new Code section to read as follows:437
"49-4-156.2.438
The Department of Community Health shall provide payment for all abortion and439
abortion-related services for all recipients of medical assistance as defined in Code440
Section 49-4-141."441
SECTION 28.442
All laws and parts of laws in conflict with this Act are repealed.443
H. B. 598
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