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SB 38 - Advisory Comm. on Pain Mgmt. for Terminally Ill - appt., membership

Madden, Eddie M (47th)	Starr, Terrell (44th)	Hecht, Greg K. (34th)

Status Summary	SC:	H&HS	HC:	Ind	FR:	01/25/99	LA:	03/22/00	H - Insists (CA ) (FA )

First Reader Summary

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain Management for the Terminally Ill within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

Code Sections - 31-43-1/ 31-43-2/ 31-43-3

SB 38  99                                           SB38/CA/3 
 
      SENATE BILL 38 
 
      By:  Senators Madden of the 47th, Starr of the 44th and 
           Hecht of the 34th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 31 of the Official Code of Georgia Annotated, 
  1- 2  relating to health, so as to provide for definitions; to 
  1- 3  create the Advisory Committee on Pain Management for the 
  1- 4  Terminally Ill within the office of the joint-secretary of 
  1- 5  the state examining boards; to provide for committee 
  1- 6  appointment, membership, terms, qualifications, vacancies, 
  1- 7  expenses, allowances, and organization; to provide for 
  1- 8  committee rights, duties, and functions; to provide for 
  1- 9  automatic repeal; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Title 31 of the Official Code of Georgia Annotated, relating 
  1-14  to health, is amended by adding at the end a new chapter to 
  1-15  read as follows: 
 
 
 
  1-16    31-43-1. 
 
  1-17    As used in this Code section, the term: 
 
  1-18      (1) 'Committee' means the Advisory Committee on Pain 
  1-19      Management for the Terminally Ill created under Code 
  1-20      Section 31-43-2. 
 
  1-21      (2) 'Health care professional' means any person licensed 
  1-22      under Chapter 4 of Title 26 or under Chapter 9, 10A, 11, 
  1-23      26, 27, 28, 30, 33, 34, 35, or 39 of Title 43. 
 
  1-24    31-43-2. 
 
  1-25    (a) There is created the Advisory Committee on Pain 
  1-26    Management for the Terminally Ill within the office of the 
  1-27    joint-secretary of the state examining boards.  The 
  1-28    committee shall be composed of 15 members as follows: 
 
  1-29      (1) Three members shall be physicians licensed to 
  1-30      practice medicine in this state, one of whom shall be a 
 
 
 
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  2- 1      primary care physician, one of whom shall be an 
  2- 2      anesthesiologist specializing in the care of chronic 
  2- 3      pain, and the other of whom shall be a specialist in the 
  2- 4      treatment of patients with terminal illness; 
 
  2- 5      (2) One member shall be a representative of an acute 
  2- 6      care hospital permitted in this state; 
 
  2- 7      (3) One member shall be a representative of an insurance 
  2- 8      company licensed to do business as such in this state; 
 
  2- 9      (4) One member shall be a representative of a health 
  2-10      maintenance organization licensed to do business as such 
  2-11      in this state; 
 
  2-12      (5) One member shall be a representative of a hospice 
  2-13      licensed to do business as such in this state; 
 
  2-14      (6) One member shall be from the business community, 
  2-15      other than any business specified in paragraphs (2) 
  2-16      through (5) of this subsection, and other than any 
  2-17      health care professional or employee thereof; 
 
  2-18      (7) One member shall be a consumer member who does not 
  2-19      receive for such person's services any remuneration from 
  2-20      a business specified in paragraphs (2) through (5) of 
  2-21      this subsection or as a health care professional or 
  2-22      employee thereof; 
 
  2-23      (8) One member shall be a registered nurse practicing in 
  2-24      a nursing home with experience in the care of the 
  2-25      terminally ill; 
 
  2-26      (9) One member shall be a pharmacist; 
 
  2-27      (10) One member shall be the president of the Composite 
  2-28      State Board of Medical Examiners and shall serve as 
  2-29      chairperson of the committee; 
 
  2-30      (11) One member shall be a psychologist; 
 
  2-31      (12) One member shall be a clergy member with experience 
  2-32      in hospice; and 
 
  2-33      (13) One member shall be a representative of the 
  2-34      American Association of Retired Persons (AARP) or other 
  2-35      advocate representing elder issues. 
 
  2-36    (b) Members of the committee, other than the chairperson, 
  2-37    shall be appointed by the Governor and serve at the 
  2-38    pleasure of the Governor.  Vacancies in such membership 
  2-39    positions appointed by the Governor shall be filled by 
 
 
 
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  3- 1    appointment by the Governor.  The initial term of such 
  3- 2    appointment shall be four years. 
 
  3- 3    (c) Members of the committee shall receive the same 
  3- 4    expense and travel allowance as that received by members 
  3- 5    of the General Assembly for service on interim legislative 
  3- 6    committees but for not more than five days in any 12 month 
  3- 7    period. 
 
  3- 8    (d) A majority of the appointed members of the committee 
  3- 9    shall constitute a quorum.  The committee shall elect from 
  3-10    its membership such other officers as it deems necessary 
  3-11    and establish bylaws for its governance. 
 
  3-12    31-43-3. 
 
  3-13    The committee shall: 
 
  3-14      (1) Provide a forum that is open to all health care 
  3-15      professionals, to all hospitals permitted under Chapter 
  3-16      7 of this title, and to hospices licensed under Chapter 
  3-17      7 of this title in developing an integrated approach to 
  3-18      understanding and applying pain and symptom management 
  3-19      techniques; 
 
  3-20      (2) Hold a public hearing at least annually to gather 
  3-21      information from the general public on issues pertaining 
  3-22      to pain and symptom management; 
 
  3-23      (3) Develop and encourage the implementation of model 
  3-24      core curricula on pain and symptom management with 
  3-25      consumer rated results and effectiveness of therapies, 
  3-26      practitioners, and institutions as the emphasis; 
 
  3-27      (4) Develop recommendations to the licensing boards for 
  3-28      health care professionals on integrating pain and 
  3-29      symptom management into the customary practice of health 
  3-30      care professionals and identifying the role and 
  3-31      responsibilities of the various health care 
  3-32      professionals in pain and symptom management; 
 
  3-33      (5) Develop written materials explaining pain and 
  3-34      symptom management and hospice care for distribution to 
  3-35      health care professionals, health care payment and 
  3-36      benefits plans, and the public; 
 
  3-37      (6) Advise the licensing boards for health care 
  3-38      professionals on the duration and content of continuing 
  3-39      education requirements for pain and symptom management; 
 
 
 
 
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  4- 1      (7) Annually report their activities and recommendations 
  4- 2      to the Health and Human Services Committee in the Senate 
  4- 3      and the Health and Ecology Committee in the House of 
  4- 4      Representatives; and 
 
  4- 5      (8) In making recommendations and developing written 
  4- 6      materials under paragraph (4) of this Code section, the 
  4- 7      committee shall review guidelines on pain and symptom 
  4- 8      management issued by the United States Department of 
  4- 9      Health and Human Services." 
 
  4-10                           SECTION 2. 
 
  4-11  This Act shall stand repealed on December 31, 2002. 
 
  4-12                           SECTION 3. 
 
  4-13  All laws and parts of laws in conflict with this Act are 
  4-14  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-