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| Georgia General Assembly |
HB8.html
House Bill
8
By: Representative Parham of the 122nd
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 22 of Title 31 of the Official Code of
Georgia Annotated, relating to clinical laboratories, so as to transfer from the
Department of Human Resources to the Department of Community Health certain
functions, duties, and powers regarding such laboratories; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 22 of Title 31 of the Official Code of Georgia
Annotated, relating to clinical laboratories, is amended by striking paragraph
(1) of Code Section 31-22-1, relating to definitions, and inserting in its place
the following:
"(1) 'Board' means the Board of
Human Resources Community Health."
SECTION 2.
Said chapter is further amended by adding between paragraphs
(2) and (3) of Code Section 31-22-1, relating to definitions, a new paragraph to
read as follows:
"(2.1) 'Department' means the
Department of Community Health, notwithstanding the provisions of Code Section
31-1-1."
SECTION 3.
Said chapter is further amended by striking subsection (b)
of Code Section 31-22-2, relating to licenses, and inserting in its place the
following:
"(b) Application for licenses shall be made
to the Department of Human Resources Community Health on
forms prescribed by it. The application shall indicate the categories of
procedures to be performed and shall contain such additional information as the
department may require. Each application shall be accompanied by a
nonrefundable fee prescribed by the department."
SECTION 4.
Said chapter is further amended by striking paragraph (6) of
subsection (a) of Code Section 31-22-9.1, relating to performance of HIV tests,
and inserting in its place the
following:
"(6) 'Counseling' means providing the
person with information and explanations medically appropriate for that person
which may include all or part of the following: accurate information regarding
AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting
AIDS and HIV; an explanation of the confidentiality of information relating to
AIDS diagnoses and HIV tests; an explanation of information regarding both
social and medical implications of HIV tests; and disclosure of commonly
recognized treatment or treatments for AIDS and HIV. The Department of
Human Resources Community Health shall develop brochures
or other documents which meet the requirements of this paragraph and, upon
delivery of such a brochure or document or of another brochure or document
approved by the Department of Human Resources Community
Health to the person and referral of that person to the Department of
Human Resources Community Health for further information
and explanations, counseling shall be deemed to have been provided within the
meaning of this paragraph."
SECTION 5.
Said chapter is further amended by striking subsection (f)
of Code Section 31-22-9.2, relating to reporting of HIV test results, and
inserting in its place the following:
"(f) The
provisions of this Code section shall not apply to situations in which an HIV
test is ordered or required in connection with insurance coverage, provided that
the person to be tested or the appropriate representative of that person has
agreed to have the test administered under such procedures as may be established
by the Commissioner of Insurance after consultation with the Department of
Human Resources Community Health."
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.