Georgia House of Representatives - 1995/1996 Sessions

HB 1249 - Physician's assistants; artificial insemination; authority to perform

Page Numbers - 1/ 2

Code Sections - 43-34-42

1. Barnes  33rd


House Comm: H&E        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/96  Read 1st Time                                                                
              1/12/96  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 1249                                            LC 10 1477






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 34 of Title 43 of the Official
  1- 2  Code of Georgia Annotated, relating to physicians, so as to
  1- 3  change the provisions relating to which persons are
  1- 4  authorized to perform artificial insemination; to provide
  1- 5  that under certain circumstances physician's assistants
  1- 6  shall be subject to civil liability; to provide that neither
  1- 7  a physician's assistant who administered or performed
  1- 8  artificial insemination upon any female human being under
  1- 9  the direction of a physician or surgeon prior to the
  1-10  effective date of this Act nor the physician or surgeon
  1-11  under whose direction such artificial insemination was
  1-12  administered or performed by such physician's assistant
  1-13  shall be subject to prosecution under Code section 43-34-42
  1-14  for such actions occurring prior to the effective date of
  1-15  this Act; to provide an effective date; to repeal
  1-16  conflicting laws; and for other purposes.

  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-18  Article 2 of Chapter 34 of Title 43 of the Official Code of
  1-19  Georgia Annotated, relating to physicians, is amended by
  1-20  striking in its entirety Code Section 43-34-42, relating to
  1-21  persons authorized to perform artificial insemination, and
  1-22  inserting in lieu thereof a new Code Section 43-34-42 to
  1-23  read as follows:

  1-24    "43-34-42. (Index)

  1-25    (a) Physicians and surgeons licensed to practice medicine
  1-26    in accordance with and under this article, as well as
  1-27    physician's assistants as defined in paragraph (5) of Code
  1-28    Section 43-34-102, shall be the only persons authorized to
  1-29    administer or perform artificial insemination upon any
  1-30    female human being. Any other person or persons who shall
  1-31    attempt to administer or perform or who shall actually
  1-32    administer or perform artificial insemination upon any
  1-33    female human being shall be guilty of a felony and, upon



                                 -1- (Index)

                                                  LC 10 1477

  2- 1    conviction thereof, shall be punished by imprisonment in
  2- 2    the penitentiary for not less than one year nor more than
  2- 3    five years.

  2- 4    (b) Any physician or surgeon who obtains written
  2- 5    authorization signed by both the husband and the wife
  2- 6    authorizing him or her or a physician's assistant acting
  2- 7    under the direction of the physician or surgeon to perform
  2- 8    or administer artificial insemination shall be relieved of
  2- 9    civil liability to the husband and wife or to any child
  2-10    conceived by artificial insemination for the result or
  2-11    results of said artificial insemination, provided that the
  2-12    written authorization provided for in this Code section
  2-13    shall not relieve any physician or surgeon or physician's
  2-14    assistant from any civil liability arising from his or her
  2-15    own negligent administration or performance of artificial
  2-16    insemination.

  2-17    (c) Neither a physician's assistant who administered or
  2-18    performed artificial insemination upon any female human
  2-19    being under the direction of a physician or surgeon prior
  2-20    to the effective date of this subsection nor the physician
  2-21    or surgeon under whose direction such artificial
  2-22    insemination was administered or performed by such
  2-23    physician's assistant shall be subject to prosecution
  2-24    under this Code section for such actions occurring prior
  2-25    to the effective date of this subsection."

                         SECTION 2.

  2-26  This Act shall become effective upon its approval by the
  2-27  Governor or upon its becoming law without such approval.

                         SECTION 3.

  2-28  All laws and parts of laws in conflict with this Act are
  2-29  repealed.














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