| 5 | | - | To amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated,1 |
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| 6 | | - | relating to general provisions regarding the administration of mental health, developmental2 |
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| 7 | | - | disabilities, addictive diseases, and other disability services, so as to add a member to the3 |
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| 8 | | - | Behavioral Health Coordinating Council; to establish a parity compliance review panel; to4 |
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| 9 | | - | provide for its composition and duties; to require health care providers to report parity5 |
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| 10 | | - | concerns to the panel; to provide for evaluation of parity concerns reported; to provide for6 |
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| 11 | | - | recommendations for punitive actions; to provide for definitions; to provide for related7 |
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| 12 | | - | matters; to repeal conflicting laws; and for other purposes.8 |
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| 13 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 14 | | - | SECTION 1.10 |
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| 15 | | - | Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to11 |
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| 16 | | - | general provisions regarding the administration of mental health, developmental disabilities,12 |
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| 17 | | - | addictive diseases, and other disability services, is amended in Code Section 37-2-4, relating13 |
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| 18 | | - | to the Behavioral Health Coordinating Council and its membership, meetings, and14 |
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| 19 | | - | obligations, by revising subsections (a) and (c.1) and by adding a new subsection to read as15 |
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| 20 | | - | follows:16 |
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| 21 | | - | - 1 - LC 33 9827ERS |
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| 22 | | - | "(a) There is created the Behavioral Health Coordinating Council. The council shall17 |
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| 23 | | - | consist of the commissioner of behavioral health and developmental disabilities; the18 |
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| 24 | | - | commissioner of early care and learning; the commissioner of community health; the19 |
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| 25 | | - | commissioner of public health; the commissioner of human services; the commissioner of20 |
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| 26 | | - | juvenile justice; the commissioner of corrections; the commissioner of veterans service; the21 |
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| 27 | | - | commissioner of community supervision; the commissioner of community affairs; the22 |
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| 28 | | - | commissioner of the Technical College System of Georgia; the Commissioner of Labor;23 |
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| 29 | | - | the State School Superintendent; the Insurance Commissioner; the chairperson of the State24 |
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| 30 | | - | Board of Pardons and Paroles; a behavioral health expert employed by the University25 |
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| 31 | | - | System of Georgia, designated by the chancellor of the university system; two members,26 |
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| 32 | | - | appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32;27 |
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| 33 | | - | the Child Advocate for the Protection of Children; an expert on early childhood mental28 |
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| 34 | | - | health, appointed by the Governor; an expert on child and adolescent health, appointed by29 |
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| 35 | | - | the Governor; a pediatrician, appointed by the Governor; an adult consumer of public30 |
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| 36 | | - | behavioral health services, appointed by the Governor; a family member of a consumer of31 |
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| 37 | | - | public behavioral health services, appointed by the Governor; a parent of a child receiving32 |
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| 38 | | - | public behavioral health services, appointed by the Governor; a member of the House of33 |
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| 39 | | - | Representatives, appointed by the Speaker of the House of Representatives; and a member34 |
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| 40 | | - | of the Senate, appointed by the President of the Senate."35 |
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| 41 | | - | "(c.1) The commissioner of behavioral health and developmental disabilities, the36 |
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| 42 | | - | commissioner of early care and learning, the commissioner of community health, the37 |
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| 43 | | - | commissioner of public health, the commissioner of human services, the commissioner of38 |
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| 44 | | - | juvenile justice, the commissioner of corrections, the commissioner of veterans service, the39 |
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| 45 | | - | commissioner of community supervision, the commissioner of community affairs, the40 |
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| 46 | | - | commissioner of the Technical College System of Georgia, the Commissioner of Labor,41 |
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| 47 | | - | the State School Superintendent, the Insurance Commissioner, and the chairperson of the42 |
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| 48 | | - | State Board of Pardons and Paroles shall each be authorized to be represented by a delegate43 |
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| 49 | | - | - 2 - LC 33 9827ERS |
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| 50 | | - | or agent at any meeting of the council or subcommittee meeting. Any such delegate or44 |
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| 51 | | - | agent shall be counted toward a quorum, shall have all voting privileges as the member's45 |
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| 52 | | - | delegate or agent, and shall not be considered an absence of the member."46 |
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| 53 | | - | "(j) The council shall serve in an advisory role for the parity compliance review panel47 |
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| 54 | | - | established pursuant to Code Section 37-2-12."48 |
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| 55 | | - | SECTION 2.49 |
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| 56 | | - | Said article is further amended by adding a new Code section to read as follows:50 |
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| 57 | | - | "37-2-12.51 |
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| 58 | | - | (a) As used in this Code section, the term:52 |
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| 59 | | - | (1) 'Health care provider' means any health care professional licensed under Title 43 or53 |
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| 60 | | - | any hospital or other health care facility licensed or regulated under Chapter 7 of Title 3154 |
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| 61 | | - | or under this title.55 |
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| 62 | | - | (2) 'Health insurer' has the same meaning as provided for in subsection (a) of Code56 |
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| 63 | | - | Section 33-1-27.57 |
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| 64 | | - | (3) 'Panel' means the parity compliance review panel established pursuant to this Code58 |
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| 65 | | - | section.59 |
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| 66 | | - | (4) 'Parity concerns' means actual or potential violations by health insurers and state60 |
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| 67 | | - | health care entities of the requirements contained in:61 |
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| 68 | | - | (A) Code Sections 33-1-27 and 33-21A-13, including, without limitation, the failure62 |
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| 69 | | - | to use the statutory definitions of 'medically necessary' or 'generally accepted standards63 |
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| 70 | | - | of mental health and substance use disorder care'; and64 |
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| 71 | | - | (B) Code Section 33-24-59.10 and 42 U.S.C. Section 1905(r).65 |
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| 72 | | - | (5) 'State health care entity' has the same meaning as provided for in subsection (a) of66 |
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| 73 | | - | Code Section 33-21A-13.67 |
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| 74 | | - | (b) There is established a parity compliance review panel within the council to be68 |
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| 75 | | - | composed of:69 |
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| 76 | | - | - 3 - LC 33 9827ERS |
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| 77 | | - | (1) The following members of the council:70 |
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| 78 | | - | (A) The commissioner of community health, or his or her designee;71 |
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| 79 | | - | (B) The commissioner of behavioral health and developmental disabilities, or his or her72 |
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| 80 | | - | designee;73 |
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| 81 | | - | (C) The commissioner of human services, or his or her designee; and74 |
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| 82 | | - | (D) The Insurance Commissioner, or his or her designee; and75 |
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| 83 | | - | (2) The following appointed members:76 |
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| 84 | | - | (A) Two mental health clinicians, appointed by the Governor;77 |
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| 85 | | - | (B) Two senior executives of facilities or systems providing mental health care,78 |
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| 86 | | - | appointed by the Governor;79 |
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| 87 | | - | (C) One mental health advocate, appointed by the President of the Senate; and80 |
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| 88 | | - | (D) One mental health advocate, appointed by the Speaker of the House of81 |
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| 89 | | - | Representatives.82 |
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| 90 | | - | (c)(1) Health care providers shall be required to report parity concerns in the manner and83 |
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| 91 | | - | pursuant to the forms and periodicity, if any, adopted by the panel.84 |
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| 92 | | - | (2) Any such reports shall:85 |
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| 93 | | - | (A) Enable the submission of information by health care providers of actions or86 |
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| 94 | | - | practices of concern that are not specifically listed in a form; and87 |
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| 95 | | - | (B) Recognize the need to distinguish reporting content relevant for health care88 |
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| 96 | | - | providers in general hospitals, inpatient or residential psychiatric treatment facilities,89 |
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| 97 | | - | and emergency department or outpatient settings.90 |
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| 98 | | - | (3) The panel shall encourage feedback from health care providers during the91 |
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| 99 | | - | development of any reporting form, including, without limitation, feedback provided to92 |
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| 100 | | - | the two senior executives of facilities or systems providing mental health care appointed93 |
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| 101 | | - | to the panel by the Governor.94 |
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| 102 | | - | (4) The panel shall have no authority to impose financial penalties on a health care95 |
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| 103 | | - | provider for failing to report a parity concern.96 |
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| 104 | | - | - 4 - LC 33 9827ERS |
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| 105 | | - | (d) The panel shall establish a simple and intuitive process to receive parity concerns97 |
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| 106 | | - | reported by health care providers pursuant to subsection (c) of this Code section. The panel98 |
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| 107 | | - | shall evaluate submitted parity concerns to determine whether a health insurer or state99 |
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| 108 | | - | health care entity is in violation of mental health parity laws. Based on such evaluation,100 |
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| 109 | | - | the panel shall make recommendations as to appropriate punitive actions, if any, that may101 |
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| 110 | | - | be warranted for a health insurer to the Commissioner of Insurance for violations of Code102 |
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| 111 | | - | Section 33-1-27 and for a state health care entity to the commissioner of community health103 |
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| 112 | | - | for violations of Code Section 33-21A-13.104 |
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| 113 | | - | (e) The panel shall be authorized to:105 |
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| 114 | | - | (1) Receive and analyze required reports from insurance companies and health care106 |
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| 115 | | - | providers;107 |
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| 116 | | - | (2) Request additional information from health insurers or state health care entities108 |
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| 117 | | - | regarding potential mental health parity violations, including determinations of medical109 |
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| 118 | | - | necessity;110 |
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| 119 | | - | (3) Create and review educational materials for consumers and health care providers111 |
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| 120 | | - | relating to compliance with mental health parity laws. Such educational materials shall112 |
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| 121 | | - | include information on the concept of mental health parity, individuals' rights, and the113 |
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| 122 | | - | complaint processes established pursuant to subsection (e) of Code Section 33-1-27,114 |
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| 123 | | - | subsection (e) of Code Section 33-21A-13, and subsection (d) of this Code section. All115 |
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| 124 | | - | such educational materials shall be culturally and linguistically sensitive, to the extent116 |
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| 125 | | - | practicable; available in multiple languages; widely distributed; and offered in various117 |
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| 126 | | - | formats, such as on a public website, in a brochure, and in written documentation; and118 |
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| 127 | | - | (4) Consult and coordinate with the Governor's office, the Department of Community119 |
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| 128 | | - | Health, and the office of the Commissioner of Insurance to establish criteria and120 |
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| 129 | | - | procedures for the panel in formulating recommendations relating to punitive action for121 |
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| 130 | | - | insurance companies that are not compliant with mental health parity laws.122 |
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| 131 | | - | - 5 - LC 33 9827ERS |
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| 132 | | - | (f) Subject to available funds, the panel shall establish a team to support the work of the123 |
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| 133 | | - | panel, including, but not limited to, research, report preparation, and creation of educational124 |
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| 134 | | - | materials."125 |
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| 135 | | - | SECTION 3.126 |
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| 136 | | - | All laws and parts of laws in conflict with this Act are repealed.127 |
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| 137 | | - | - 6 - |
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| 5 | + | To amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the1 |
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| 6 | + | Georgia Board of Health Care Workforce, so as to provide for the establishment of the2 |
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| 7 | + | Georgia Health Care Professionals Data System; to provide for definitions; to provide for3 |
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| 8 | + | collaboration with state licensing boards; to provide for a publicly accessible website; to4 |
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| 9 | + | provide for collection of data from state licensing boards; to provide for specified data; to5 |
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| 10 | + | provide for seeking of funding sources; to provide for related matters; to repeal conflicting6 |
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| 11 | + | laws; and for other purposes.7 |
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| 12 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 13 | + | SECTION 1.9 |
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| 14 | + | Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia10 |
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| 15 | + | Board of Health Care Workforce, is amended by adding a new Code section to read as11 |
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| 16 | + | follows:12 |
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| 17 | + | "49-10-8.13 |
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| 18 | + | (a) As used in this Code section, the term:14 |
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| 19 | + | (1) 'Licensed health care professional' means the following health care professionals15 |
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| 20 | + | licensed or certified by a state licensing board:16 |
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| 21 | + | S. B. 131 (SUB) |
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| 22 | + | - 1 - 25 LC 55 0607S |
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| 23 | + | (A) Physicians, acupuncturists, physician assistants, respiratory care professionals,17 |
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| 24 | + | clinical perfusionists, orthotists, prosthetists, cosmetic laser practitioners, and genetic18 |
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| 25 | + | counselors;19 |
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| 26 | + | (B) Pharmacists and pharmacy technicians;20 |
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| 27 | + | (C) Dentists and dental hygienists;21 |
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| 28 | + | (D) Chiropractors;22 |
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| 29 | + | (E) Optometrists;23 |
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| 30 | + | (F) Occupational therapists and occupational therapy assistants;24 |
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| 31 | + | (G) Physical therapists and physical therapist assistants;25 |
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| 32 | + | (H) Audiologists and speech-language pathologists;26 |
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| 33 | + | (I) Psychologists;27 |
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| 34 | + | (J) Licensed practical nurses, registered professional nurses, and advanced practice28 |
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| 35 | + | registered nurses, including certified nurse midwives, nurse practitioners, certified29 |
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| 36 | + | registered nurse anesthetists, and clinical nurse specialists in psychiatric/mental health;30 |
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| 37 | + | (K) Emergency medical technicians, paramedics, and cardiac technicians;31 |
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| 38 | + | (L) Podiatrists;32 |
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| 39 | + | (M) Dietitians; and33 |
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| 40 | + | (N) Professional counselors, social workers, and marriage and family therapists.34 |
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| 41 | + | (2) 'State licensing board' means:35 |
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| 42 | + | (A) Georgia Composite Medical Board;36 |
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| 43 | + | (B) State Board of Pharmacy;37 |
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| 44 | + | (C) Georgia Board of Dentistry;38 |
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| 45 | + | (D) Georgia Board of Chiropractic Examiners;39 |
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| 46 | + | (E) State Board of Optometry;40 |
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| 47 | + | (F) State Board of Occupational Therapy;41 |
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| 48 | + | (G) State Board of Physical Therapy;42 |
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| 49 | + | (H) State Board of Examiners for Speech-Language Pathology and Audiology;43 |
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| 50 | + | S. B. 131 (SUB) |
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| 51 | + | - 2 - 25 LC 55 0607S |
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| 52 | + | (I) State Board of Examiners of Psychologists;44 |
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| 53 | + | (J) Georgia Board of Nursing;45 |
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| 54 | + | (K) Department of Public Health;46 |
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| 55 | + | (L) State Board of Podiatry Examiners;47 |
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| 56 | + | (M) Georgia Board of Examiners of Licensed Dietitians; and48 |
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| 57 | + | (N) Georgia Composite Board of Professional Counselors, Social Workers, and49 |
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| 58 | + | Marriage and Family Therapists.50 |
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| 59 | + | (b) In collaboration with state licensing boards, the board shall create and maintain the51 |
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| 60 | + | Georgia Health Care Professionals Data System for the purposes of collecting and52 |
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| 61 | + | disseminating nonidentifying descriptive data on licensed health care professionals in this53 |
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| 62 | + | state. The board shall compile existing information on licensed health care professionals54 |
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| 63 | + | into a single repository of information easily accessible to the public from the board's55 |
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| 64 | + | website. The data system shall provide information to the public regarding the56 |
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| 65 | + | demographics and geographical distribution of licensed health care professionals in this57 |
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| 66 | + | state. The data system shall contain no individually identifying information regarding any58 |
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| 67 | + | licensed health care professional.59 |
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| 68 | + | (c) State licensing boards shall provide the data specified in subsection (d) of this Code60 |
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| 69 | + | section upon request by the board or up to two times annually as required by the board. 61 |
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| 70 | + | The board shall work with state licensing boards regarding the manner, form, and content62 |
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| 71 | + | for the reporting of such data. The board shall be authorized to enter into memoranda of63 |
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| 72 | + | agreement with individual state licensing boards for purposes of data transmission criteria64 |
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| 73 | + | pursuant to this Code section.65 |
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| 74 | + | (d) State licensing boards shall provide the following data to the board for its licensed66 |
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| 75 | + | health care professionals who are in active practice:67 |
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| 76 | + | (1) Age;68 |
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| 77 | + | (2) Gender;69 |
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| 78 | + | (3) Proficiency in English and other languages;70 |
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| 79 | + | S. B. 131 (SUB) |
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| 80 | + | - 3 - 25 LC 55 0607S |
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| 81 | + | (4) Location of practice;71 |
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| 82 | + | (5) License type;72 |
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| 83 | + | (6) Month and year of birth; and73 |
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| 84 | + | (7) City, county, and ZIP Code of residence.74 |
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| 85 | + | (e) The board shall be authorized to seek federal or other sources of funding necessary to75 |
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| 86 | + | support the creation and maintenance of the Georgia Health Care Professionals Data76 |
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| 87 | + | System."77 |
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| 88 | + | SECTION 2.78 |
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| 89 | + | All laws and parts of laws in conflict with this Act are repealed.79 |
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| 90 | + | S. B. 131 (SUB) |
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| 91 | + | - 4 - |
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