GA
Georgia Senate Bill SB246

Georgia 2025-2026 Regular Session

Georgia Senate Bill SB246 Compare Versions

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11 25 LC 48 1505
22 Senate Bill 246
33 By: Senators Harrell of the 40th, Wicks of the 34th, Jones II of the 22nd, Jackson of the 41st,
44 Anderson of the 43rd and others
55 A BILL TO BE ENTITLED
66 AN ACT
77 To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons
88 1
99 and their rights, so as to provide that natural persons do not include an unborn child and shall2
1010 not be included in certain population based determinations; to amend Chapter 11 of Title 153
1111 of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide for4
1212 exceptions to the notice requirement of a pending abortion to the parent or guardian of an5
1313 unemancipated minor by a physician or their qualified agent under the "Parental Notification6
1414 Act"; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating7
1515 to offenses against public health and morals, so as to repeal provisions relating to criminal8
1616 abortion; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic9
1717 relations, so as to remove references to abortion; to amend Chapter 1 of Title 20 of the10
1818 Official Code of Georgia Annotated, relating to general provisions of education, so as to11
1919 repeal a reference to abortion; to amend Title 31 of the Official Code of Georgia Annotated,12
2020 relating to health, so as to repeal the "Woman's Right to Know Act" and provisions relating13
2121 to a physician's obligation in performance of abortions; to repeal the power of the14
2222 Department of Public Health to promulgate and enforce rules and regulations for the15
2323 licensing of medical facilities where abortion procedures are to be performed; to provide for16
2424 fundamental reproductive health rights; to prohibit certain state actions; to provide for17
2525 injunctive relief and damages; to enact the "Reproductive Freedom Act"; to amend Title 3318
2626 S. B. 246
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2828 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the
2929 19
3030 repeal of the prohibition on the coverage of certain abortions through certain qualified health20
3131 plans; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating21
3232 to physicians, assistants, and others, so as to repeal a provision relating to criminal abortion;22
3333 to repeal a provision relating to delegation of certain medical acts to advance practice nurses;23
3434 to repeal a provision relating to abortions not to be performed by physician assistants; to24
3535 amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to25
3636 employees' insurance and benefits plans, so as to remove the prohibition on coverage of26
3737 abortions; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating27
3838 to income taxes, so as to provide that an unborn child with a detectable human heartbeat is28
3939 not a dependent minor for income tax purposes; to amend Chapter 4 of Title 49 of the29
4040 Official Code of Georgia Annotated, relating to public assistance, so as to provide for30
4141 abortion care services under Medicaid; to provide for conforming changes; to provide for a31
4242 short title; to provide for related matters; to repeal conflicting laws; and for other purposes.32
4343 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:33
4444 SECTION 1.34
4545 It is the intention of the General Assembly to recognize that every individual has the35
4646 fundamental right to reproductive freedom and to determine their own life course, that the36
4747 right to reproductive freedom is central to an individual's privacy, liberty, dignity, and37
4848 autonomy, and that every individual should be free to exercise that right free from38
4949 government interference.39
5050 SECTION 2.40
5151 This Act shall be known and may be cited as the "Reproductive Freedom Act."41
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5454 SECTION 3.
5555 42
5656 Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their43
5757 rights, is amended by revising Code Section 1-2-1, relating to classes of persons generally,44
5858 "natural person" defined, corporations deemed artificial persons, and nature of corporations45
5959 generally, as follows:46
6060 "1-2-1.47
6161 (a) There are two classes of persons: natural and artificial.48
6262 (b) 'Natural person' means any human being including an unborn child.
6363 49
6464 (c)(b) Corporations are artificial persons. They are creatures of the law and, except insofar50
6565 as the law forbids it, they are subject to be changed, modified, or destroyed at the will of51
6666 their creator.52
6767 (d) Unless otherwise provided by law, any natural person, including an unborn child with53
6868 a detectable human heartbeat, shall be included in population based determinations.54
6969 (e) As used in this Code section, the term:55
7070 (1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady56
7171 and repetitive rhythmic contraction of the heart within the gestational sac.57
7272 (2) 'Unborn child' means a member of the species Homo sapiens at any stage of58
7373 development who is carried in the womb."59
7474 SECTION 4.60
7575 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile61
7676 Code, is amended by revising subsection (b) of Code Section 15-11-64, relating to collection62
7777 of information by juvenile court clerks, reporting requirement, and data collection, as63
7878 follows:64
7979 "(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts65
8080 the total number of petitions or motions filed under subsection (b) (c) of Code66
8181 Section 15-11-682 for the previous calendar year and, of that number, the number in which67
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8484 the court appointed a guardian ad litem, the number in which the court appointed counsel,
8585 68
8686 the number in which the judge issued an order authorizing an abortion without notification,69
8787 the number in which the judge denied such an order, and, of the last, the number of denials70
8888 from which an appeal was filed, the number of appeals that resulted in denials being71
8989 affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk72
9090 shall make such report by March 15 of each year for the previous calendar year. The73
9191 individual reports made to the Administrative Office of the Courts shall be held74
9292 confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating75
9393 to open records. The Administrative Office of the Courts shall provide aggregated76
9494 statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such77
9595 individual reports shall be destroyed six months after submission to the Administrative78
9696 Office of the Courts."79
9797 SECTION 5.80
9898 Said chapter is further amended by revising paragraph (1) of Code Section 15-11-681,81
9999 relating to definitions for the "Parental Notification Act," as follows:82
100100 "(1) 'Abortion' shall have the same meaning as set forth in Code Section 31-9A-2
101101 means83
102102 the use or prescription of any instrument, medicine, drug, or any other substance or84
103103 device with the intent to terminate the pregnancy of a female known to be pregnant. The85
104104 term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,86
105105 or any other substance or device employed solely to increase the probability of a live87
106106 birth, to preserve the life or health of the child after live birth, or to remove a dead unborn88
107107 child who died as a result of a spontaneous abortion. The term 'abortion' also shall not89
108108 include the prescription or use of contraceptives."90
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111111 SECTION 6.
112112 91
113113 Said chapter is further amended by revising Code Section 15-11-682, relating to parental92
114114 notification of abortion, hearing, and venue, as follows:93
115115 "15-11-682.94
116116 (a) No physician
117117 healthcare professional as defined in Code Section 31-9A-2 or other95
118118 person shall perform an abortion upon an unemancipated minor unless:96
119119 (1)(A) The unemancipated minor seeking an abortion is accompanied by his or her a97
120120 parent or guardian who shall show proper identification and state that he or she is the98
121121 lawful parent or guardian of the unemancipated minor and that he or she has been99
122122 notified that an abortion is to be performed on the unemancipated minor;100
123123 (B) The physician or the physician's healthcare professional or the healthcare101
124124 professional's qualified agent gives at least 24 hours' actual notice, in person or by102
125125 telephone, to the parent or guardian of the unemancipated minor of the pending103
126126 abortion and the name and address of the place where the abortion is to be performed;104
127127 provided, however, that, if the person so notified indicates that he or she has been105
128128 previously informed that the unemancipated minor was seeking an abortion or if the106
129129 person so notified has not been previously informed and he or she clearly expresses that107
130130 he or she does not wish to consult with the unemancipated minor, then in either event108
131131 the abortion may proceed in accordance with Chapter 9A of Title 31; or109
132132 (C) The physician or the physician's healthcare professional or the healthcare110
133133 professional's qualified agent gives written notice of the pending abortion and the111
134134 address of the place where the abortion is to be performed, sent by registered or112
135135 certified mail or statutory overnight delivery, return receipt requested with delivery113
136136 confirmation, addressed to a parent or guardian of the unemancipated minor at the usual114
137137 place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner115
138138 established, such notice shall be deemed delivered 48 hours after mailing. The time of116
139139 mailing shall be recorded by the physician healthcare professional or agent in the117
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142142 unemancipated minor's file. The abortion may be performed 24 hours after the delivery
143143 118
144144 of the notice; provided, however, that, if the person so notified certifies in writing that119
145145 he or she has been previously informed that the unemancipated minor was seeking an120
146146 abortion or if the person so notified has not been previously informed and he or she121
147147 certifies in writing that he or she does not wish to consult with the unemancipated122
148148 minor, then in either event the abortion may proceed in accordance with Chapter 9A of123
149149 Title 31; and124
150150 (2) The unemancipated minor signs a consent form stating that she
151151 the unemancipated125
152152 minor consents, freely and without coercion, to the abortion.126
153153 (b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking127
154154 an abortion if:128
155155 (1)(A) In the professional judgment of the healthcare professional:129
156156 (i) Notice to the parent or guardian may lead to physical or emotional harm of the130
157157 unemancipated minor; and131
158158 (ii) The unemancipated minor is capable of giving informed consent to the abortion;132
159159 and133
160160 (B) The unemancipated minor signs a consent form stating that waiver of notice is134
161161 necessary under the provisions of this paragraph and that the unemanicpated minor135
162162 consents, freely and without coercion, to the abortion; or136
163163 (2) The healthcare professional or the healthcare professional's qualified agent makes137
164164 reasonable effort to give both actual and written notice to a parent or guardian of the138
165165 unemancipated minor and is unsuccessful.139
166166 A healthcare professional or the healthcare professional's qualified agent shall not be liable140
167167 for civil damages or subject to a criminal penalty for his or her decision under this141
168168 subsection not to give notice to a parent or guardian of an unemancipated minor.142
169169 (b)(c) If the unemancipated minor or the physician or the physician's healthcare143
170170 professional or the healthcare professional's qualified agent, as the case may be, elects not144
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173173 to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or
174174 145
175175 (a)(1)(C) of this Code section and no provision of subsection (b) of this Code section
176176 146
177177 applies to the unemancipated minor, or if the parent or legal guardian of the unemancipated147
178178 minor cannot be located, the unemancipated minor may petition, on his or her own behalf148
179179 or by next friend, any juvenile court in the state for a waiver of such requirement pursuant149
180180 to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist150
181181 the unemancipated minor or next friend in preparing the petition and notices required151
182182 pursuant to this Code section. Venue shall be lawful in any county.152
183183 (c)(d) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),153
184184 (a)(1)(B), or (a)(1)(C) of this Code section have been met, unless a provision under154
185185 subsection (b) of this Code section applies or the unemancipated minor has obtained a court155
186186 order waiving such requirements.156
187187 (e) A healthcare professional or a healthcare professional's qualified agent shall not157
188188 provide notice to a parent or guardian if the unemancipated minor decides not to have an158
189189 abortion."159
190190 SECTION 7.160
191191 Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against161
192192 public health and morals, is amended by repealing Article 5, relating to abortion, and162
193193 designating said article as reserved.163
194194 SECTION 8.164
195195 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is165
196196 amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support166
197197 guidelines for determining amount of award, continuation of duty of support, and duration167
198198 of support.168
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201201 SECTION 9.
202202 169
203203 Said title is further amended by revising paragraph (1) of subsection (c) of Code Section170
204204 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for171
205205 homicide of child or unborn child, as follows:172
206206 "(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some173
207207 party entitled to recover the full value of the life of the child, either as provided in this174
208208 Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn
209209 175
210210 child, the right to recover for the full value of the life of such child shall begin at the point176
211211 at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is177
212212 present."178
213213 SECTION 10.179
214214 Said title is further amended by revising paragraph (2) of subsection (b) of Code Section180
215215 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,181
216216 to whom made, immunity from liability, report based on privileged communication, penalty182
217217 for failure to report, and spiritual treatment for illnesses, as follows:183
218218 "(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681184
219219 31-9A-2."185
220220 SECTION 11.186
221221 Said title is further amended by revising paragraph (1) of subsection (a) of Code Section187
222222 19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,188
223223 and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval189
224224 of agents, and organizational and entity record keeping, as follows:190
225225 "(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and191
226226 authority regarding the care and custody of such child, except the power to consent to the192
227227 marriage or adoption of such child, the performance or inducement of an abortion on or193
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230230 for such child, or the termination of parental rights to such child. Such power and194
231231 authority may be delegated without the approval of a court, provided that such delegation195
232232 of power and authority shall not operate to change or modify any parental or legal rights,196
233233 obligations, or authority established by an existing court order, including a standing197
234234 order, or deprive a parent of a child of any parental or legal rights, obligations, or198
235235 authority regarding the custody, parenting time, visitation, or support of such child. Such199
236236 delegation of power and authority shall not deprive or limit any support for a child that200
237237 should be received by such child pursuant to a court order or for any other reason. When201
238238 support is being collected for the child by the Child Support Enforcement Agency of the202
239239 department, such agency shall be authorized to redirect support payments to the agent for203
240240 the duration of the power of attorney or until the power of attorney is revoked or204
241241 superseded by a court order."205
242242 SECTION 12.206
243243 Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code207
244244 Section 19-9-134, relating to power of attorney form for care of a child, as follows:208
245245 "5. Sign by the statement you wish to choose (you may only choose one):209
246246 (A) ___________________________ (Signature) I delegate to the agent all my power210
247247 and authority regarding the care and custody of the child named above, including but211
248248 not limited to the right to inspect and obtain copies of educational records and other212
249249 records concerning the child, attend school activities and other functions concerning the213
250250 child, and give or withhold any consent or waiver with respect to school activities,214
251251 medical and dental treatment, and any other activity, function, or treatment that may215
252252 concern the child. This delegation shall not include the power or authority to consent216
253253 to the marriage or adoption of the child, the performance or inducement of an abortion217
254254 on or for the child, or the termination of parental rights to the child.218
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257257 OR
258258 219
259259 (B) ___________________________ (Signature) I delegate to the agent the following220
260260 specific powers and responsibilities (write in): _______________________________221
261261 ____________________________________________________________________222
262262 This delegation shall not include the power or authority to consent to the marriage or223
263263 adoption of the child, the performance or inducement of an abortion on or for the child,
264264 224
265265 or the termination of parental rights to the child."225
266266 SECTION 13.226
267267 Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general227
268268 provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,228
269269 relating to kinship caregiver authorized to provide legal consent.229
270270 SECTION 14.230
271271 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by231
272272 repealing and reserving paragraph (7) of Code Section 31-2-1, relating to legislative intent232
273273 and grant of authority, as follows:233
274274 "(7) Reserved. Promulgate and enforce rules and regulations for the licensing of medical234
275275 facilities wherein abortion procedures under subsections (b) and (c) of Code Section235
276276 16-12-141 are to be performed."236
277277 SECTION 15.237
278278 Said title is further amended by revising subparagraph (B) of paragraph (4) of Code238
279279 Section 31-7-1, relating to definitions regarding the regulation of hospitals and related239
280280 institutions, as follows:240
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283283 "(B) Any health facility wherein abortion procedures under subsections (b) and (c) of241
284284 Code Section 16-12-141 Chapter 9A of this title are performed or are to be performed;"242
285285 SECTION 16.243
286286 Said title is further amended by repealing Chapter 9A, relating to the "Woman's Right to244
287287 Know Act," in its entirety and enacting a new Chapter 9A to read as follows:245
288288 "CHAPTER 9A246
289289 31-9A-1.247
290290 This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'248
291291 31-9A-2.249
292292 As used in this chapter, the term:250
293293 (1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance251
294294 or device to terminate the pregnancy of an individual known to be pregnant with an252
295295 intention other than to increase the probability of a live birth, to preserve the life or health253
296296 of the child after live birth, or to remove a dead fetus.254
297297 (2) 'Advanced practice registered nurse' has the meaning provided by Code255
298298 Section 43-26-3.256
299299 (3) 'Covered entity' means any licensed provider of reproductive healthcare services,257
300300 including but not limited to hospitals, outpatient departments, clinics, reproductive health258
301301 practices, or offices of healthcare professionals.259
302302 (4) 'Healthcare professional' means a person who is licensed as a physician, advanced260
303303 practice registered nurse, or physician assistant.261
304304 (5) 'Physician' has the meaning provided by Code Section 43-34-1.262
305305 (6) 'Physician assistant' has the meaning provided by Code Section 43-34-23.263
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308308 (7) 'Pregnancy' means the human reproductive process, beginning with the implantation264
309309 of an embryo.265
310310 (8) 'State' includes any branch, department, agency, instrumentality, and official or other266
311311 person acting under the color of law of this state or a political subdivision of this state,267
312312 including any local government, local board of education, or other instrumentality.268
313313 31-9A-3.269
314314 (a) Every individual who becomes pregnant has the fundamental right to choose to carry270
315315 the pregnancy to term or have an abortion.271
316316 (b) Every individual has the fundamental right to choose or refuse contraception or272
317317 sterilization.273
318318 (c) The state shall not, in the regulation or provision of benefits, facilities, services, or274
319319 information, deny or interfere with an individual's fundamental rights:275
320320 (1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an276
321321 abortion, including individuals in the physical or legal custody of the state; and277
322322 (2) To choose or refuse contraception or sterilization.278
323323 (d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of279
324324 this state.280
325325 31-9A-4.281
326326 (a) A healthcare professional acting within the professional's lawful scope of practice and282
327327 in compliance with all generally applicable regulations shall be authorized to provide283
328328 abortions in this state.284
329329 (b) This chapter shall not be construed to prevent the Department of Community Health285
330330 under this title or a healthcare professional licensing board from regulating the practice of286
331331 abortion or abortion facilities with generally applicable regulations and standards that are287
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334334 in accordance with evidence-based medically accepted standards, provided that such288
335335 regulation is not a pretext for violating this chapter.289
336336 31-9A-5.290
337337 (a) An individual's right to personal reproductive autonomy is central to their privacy,291
338338 liberty, and dignity to determine their own life course and shall not be denied or infringed292
339339 upon by state or local prosecution or in any other manner.293
340340 (b) No state or local law enforcement agency shall arrest any individual for obtaining an294
341341 abortion, performing or aiding in the performance of an abortion in this state, or in295
342342 procuring an abortion in this state if the abortion is performed in accordance with the296
343343 provisions of this chapter.297
344344 (c) Notwithstanding any other law, an individual shall not be subject to investigation, civil298
345345 or criminal penalty, or otherwise deprived of their rights under this article based on their299
346346 actions or omissions with respect to a pregnancy or an actual, potential, or alleged300
347347 pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or301
348348 perinatal death due to causes that occurred in utero.302
349349 (d) Any individual who aids or assists a pregnant person in exercising her rights under this303
350350 article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived304
351351 of their rights, based solely on their actions to aid or assist a pregnant person in exercising305
352352 her rights under this article, so long as they acted with the pregnant person's voluntary306
353353 consent.307
354354 (e) The state shall not discriminate in the protection or enforcement of the fundamental308
355355 rights set forth in this chapter on the basis of sex, which includes but is not limited to sex309
356356 stereotypes, gender identity or expression, or perceived gender identity or expression;310
357357 sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration311
358358 status; or religion.312
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361361 (f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a313
362362 civil lawsuit in federal or state court for injunctive relief against the offending state or local314
363363 official. The court may award costs and reasonable attorney's fees to an aggrieved party315
364364 who substantially prevails in an action brought under this subsection.316
365365 31-9A-6.317
366366 (a) Subject to the provisions of the federal Health Insurance Portability and Accountability318
367367 Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action319
368368 or administrative hearing, a covered entity shall not disclose without written consent from320
369369 the individual or the individual's guardian or authorized legal representative, the following:321
370370 (1) Any communication made to the covered entity or any information obtained by the322
371371 covered entity from an individual or the individual's guardian or authorized legal323
372372 representative, relating to reproductive healthcare services permitted under the laws of324
373373 this state; or325
374374 (2) Any information obtained by personal examination of an individual by the covered326
375375 entity relating to reproductive healthcare services.327
376376 (b) A covered entity shall inform the individual or the individual's guardian or authorized328
377377 legal representative of the individual's right to refuse to consent to the disclosure of the329
378378 individual's communications and information at or before the time reproductive healthcare330
379379 services are rendered, or at such time as the individual discloses any information relating331
380380 to reproductive healthcare services previously rendered.332
381381 31-9A-7.333
382382 (a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,334
383383 procedures, practices, and governmental actions and their implementation, whether335
384384 statutory or otherwise and whether adopted before or after July 1, 2023.336
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387387 (b) Local government may enact ordinances, standards, rules, or regulations that protect337
388388 an individual's ability to freely exercise the fundamental rights set forth in this chapter in338
389389 a manner or to an extent equal to or greater than the protection provided in this chapter. 339
390390 Local government may not regulate an individual's ability to freely exercise the340
391391 fundamental rights set forth in this chapter in a manner more restrictive than that set forth341
392392 in this chapter.342
393393 31-9A-8.343
394394 In accordance with Code Section 1-1-3, if any provision of this chapter or its application344
395395 to any person or circumstance is held invalid, the invalidity does not affect other provisions345
396396 or applications of this chapter which can be given effect without the invalid provision or346
397397 application, and to this end the provisions of this chapter are severable."347
398398 SECTION 17.348
399399 Said title is further amended by repealing Chapter 9B, relating to physician's obligation in349
400400 performance of abortions.350
401401 SECTION 18.351
402402 Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating352
403403 to effect of chapter on advance directives for health care on other legal rights and duties, as353
404404 follows:354
405405 "(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy355
406406 killing or to permit any affirmative or deliberate act or omission to end life other than to356
407407 permit the process of dying as provided in this chapter. Furthermore, nothing in this357
408408 chapter shall be construed to condone, authorize, or approve abortion."358
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411411 SECTION 19.
412412 359
413413 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by360
414414 revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female361
415415 contraceptive drugs or devices and insurance coverage, as follows:362
416416 "(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state363
417417 or approved for issuance or renewal in this state by the Commissioner which provides364
418418 coverage for prescription drugs on an outpatient basis shall provide coverage for any365
419419 prescribed drug or device approved by the United States Food and Drug Administration for366
420420 use as a contraceptive. This Code section shall not apply to limited benefit policies367
421421 described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing
422422 368
423423 contained in this Code section shall be construed to require any insurance company to369
424424 provide coverage for abortion."370
425425 SECTION 20.371
426426 Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of372
427427 certain abortions through certain qualified health plans prohibited and definitions, and373
428428 designating said Code section as reserved.374
429429 SECTION 21.375
430430 Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section376
431431 33-60-3, relating to definitions for small business insurance plans, as follows:377
432432 "(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for378
433433 complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia379
434434 and related hospital and outpatient facility charges for dental care for persons who are380
435435 developmentally disabled, seven or younger, neurologically impaired, or suffering381
436436 severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian382
437437 cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code383
438438 S. B. 246
439439 - 16 - 25 LC 48 1505
440440 Section 33-24-56.3; coverage for hospital stays after delivery in Code Section
441441 384
442442 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;385
443443 treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for386
444444 equipment and self-management training for individuals with diabetes in Code Section387
445445 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code388
446446 Section 33-24-59.6, provided that nothing contained in this paragraph shall be
447447 389
448448 construed to require any insurance company to provide coverage for abortion; coverage390
449449 for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code391
450450 Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code392
451451 Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate393
452452 cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order394
453453 pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in395
454454 Code Sections 33-29-3.4 and 33-30-4.5."396
455455 SECTION 22.397
456456 Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,398
457457 assistants, and others, is amended by repealing paragraph (8) of subsection (a) of Code399
458458 Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue400
459459 discipline, suspension, restoration, investigations, hearings on fitness, immunity, and401
460460 publication of final disciplinary actions, and designating said paragraph as reserved.402
461461 SECTION 23.403
462462 Said chapter is further amended by repealing subsection (l) of Code Section 43-34-25,404
463463 relating to delegation of certain medical acts to advanced practice registered nurse,405
464464 construction and limitations of such delegation, conditions of nurse protocol, and issuance406
465465 of prescription drug orders, and designating said subsection as reserved.407
466466 S. B. 246
467467 - 17 - 25 LC 48 1505
468468 SECTION 24.
469469 408
470470 Said chapter is further amended by repealing Code Section 43-34-110, relating to abortions409
471471 not to be performed by physician assistants.410
472472 SECTION 25.411
473473 Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'412
474474 insurance and benefits plans, is amended by revising Code Section 45-18-4, relating to413
475475 expenses not to be covered by plan, as follows:414
476476 "45-18-4.415
477477 The health insurance plan shall not include expenses incurred by or on account of an416
478478 individual prior to the effective date of the plan; expenses for services received for injury417
479479 or sickness due to war or any act of war, whether declared or undeclared, which war or act418
480480 of war shall have occurred after the effective date of this plan; expenses for which the419
481481 individual is not required to make payment; expenses to the extent of benefits provided420
482482 under any employer group plan other than this plan in which the state participates in the421
483483 cost thereof; expenses for abortion services except to the extent permitted under the state
484484 422
485485 health benefit plan approved by the board as such plan existed on January 1, 2014; and423
486486 such other expenses as may be excluded by regulations of the board. For purposes of this424
487487 Code section, the term 'abortion' shall have the same meaning as provided in Code Section425
488488 31-9A-2."426
489489 SECTION 26.427
490490 Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,428
491491 is amended by revising subsection (a) of Code Section 48-7-26, relating to personal429
492492 exemptions, as follows:430
493493 "(a) As used in this Code section, the term 'dependent' shall have the same meaning as in431
494494 the Internal Revenue Code of 1986; provided, however, that any unborn child with a432
495495 S. B. 246
496496 - 18 - 25 LC 48 1505
497497 detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify433
498498 as a dependent minor."434
499499 SECTION 27.435
500500 Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,436
501501 is amended by adding a new Code section to read as follows:437
502502 "49-4-156.2.438
503503 The Department of Community Health shall provide payment for all abortion and439
504504 abortion-related services for all recipients of medical assistance as defined in Code440
505505 Section 49-4-141."441
506506 SECTION 28.442
507507 All laws and parts of laws in conflict with this Act are repealed.443
508508 S. B. 246
509509 - 19 -