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03 HB 56/AP
House Bill 56 (AS PASSED HOUSE AND
SENATE)
By: Representative Childers of the 13th, Post 1
By: Representative Childers of the 13th, Post 1
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated,
relating to education, Title 31 of the Official Code of Georgia Annotated,
relating to health, and Title 49 of the Official Code of Georgia Annotated,
relating to social services, so as to revise and change certain provisions
regarding the Georgia Board for Physician Workforce, the State Medical Education
Board, and the Renal Dialysis Advisory Council; to change certain provisions
regarding the staff and executive director of the State Medical Education Board;
to change certain provisions regarding funds for loans and scholarships and
administrative assignment of the State Medical Education Board; to change
certain provisions regarding legislative purposes with respect to certain
provisions regarding medical scholarships; to change certain provisions
regarding the powers, duties, and functions of the Department of Community
Health; to change certain provisions regarding funding of medical education
provided by hospital authorities and designated teaching hospitals; to change
certain provisions regarding funding of service cancelable loans to physicians
in rural areas; to change the length of term of office of the presiding officer
of the Commission on Men´s Health; to change certain provisions regarding
the establishment of the Renal Dialysis Advisory Council; to change certain
provisions regarding the administrative assignment, powers, duties, and
functions of the Georgia Board for Physician Workforce; to provide for related
matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating
to education, is amended by striking Code Section 20_3_511, relating to the
employment of staff and an executive director of the State Medical Education
Board, and inserting in its place a new Code Section 20_3_511 to read as
follows:
"20_3_511.
With
the concurrence of the State Medical Education Board, the Department of
Community Health shall employ and provide for the compensation of such
administrative staff, including but not limited to an executive director, as is
necessary to carry out the functions of the State Medical Education
Board. The State Medical Education Board shall have the authority
to employ such administrative staff as is necessary to carry out the functions
of the State Medical Education Board. Such staff members shall be employed
within the limits of the appropriations made to the State Medical Education
Board."
"20_3_511.
SECTION 2.
Said title is further amended by striking Code Section
20_3_516, relating to funds for loans and scholarships and administrative
assignment of the State Medical Education Board, and inserting in its place a
new Code Section 20_3_516 to read as
follows:
"20_3_516.
The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the State Medical Education Board from appropriations to theDepartment of
Community Health Board of Regents of the University System of
Georgia for medical scholarships or other purposes. The State Medical
Education Board shall be an independent state agency assigned to the
Department of Community Health Board of Regents of the
University System of Georgia for administrative purposes only,
except that such department shall prepare and submit the budget for that
board in concurrence with that board as provided in Code Section
50_4_3."
"20_3_516.
The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the State Medical Education Board from appropriations to the
SECTION 3.
Said title is further amended by striking Code Section
20_3_518, relating to legislative purposes with respect to certain provisions
regarding medical scholarships, and inserting in its place a new Code Section
20_3_518 to read as
follows:
"20_3_518.
It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia and in other areas of need as determined by the State Medical Education Board in cooperation with the Georgia Board for Physician Workforce, by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. In furtherance of such purpose, the State Medical Education Board shall have sole responsibility and authority for all state programs designed to assist Georgia communities with recruitment and retention of physicians."
"20_3_518.
It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia and in other areas of need as determined by the State Medical Education Board in cooperation with the Georgia Board for Physician Workforce, by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. In furtherance of such purpose, the State Medical Education Board shall have sole responsibility and authority for all state programs designed to assist Georgia communities with recruitment and retention of physicians."
SECTION 4.
Title 31 of the Official Code of Georgia Annotated, relating
to health, is amended by striking paragraph (2) of subsection (f) of Code
Section 31_5A_4, relating to powers, duties, and functions of the Department of
Community Health, and inserting in its place a new paragraph (2) to read as
follows:
"(2)Is authorized to plan and coordinate medical education and physician
workforce issues
Reserved;"
"(2)
SECTION 5.
Said title is further amended by striking subsections (c)
and (d) of Code Section 31_7_95, relating to funding of medical education
provided by hospital authorities and designated teaching hospitals, and
inserting in their place new subsections (c) and (d) to read as
follows:
"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, theDepartment of Community Health Georgia Board for Physician
Workforce shall pay no more than $10,000.00 per annum to the hospital
authority or designated teaching hospital. Such payments shall be made based
upon certifications by the hospital authorities or designated teaching hospitals
to the Department of Community Health Georgia Board for
Physician Workforce. The Department of Community Health
Georgia Board for Physician Workforce is authorized to designate
the Georgia Board for Physician Workforce to promulgate rules and
regulations specifying procedures for making the certifications provided for in
this Code section and to establish a procedure for making payments to hospital
authorities and designated teaching hospitals as provided in this Code
section.
(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to theDepartment of Community Health Georgia Board for Physician
Workforce. In the event the funds appropriated by the General Assembly are
insufficient to fund the full amount payable to hospital authorities or
designated teaching hospitals under subsection (c) of this Code section, the
amount otherwise payable thereunder shall be reduced pro rata in accordance with
the funds actually appropriated for such purpose. The Department of
Community Health Georgia Board for Physician Workforce shall
have the authority to promulgate rules and regulations to carry out the
provisions of this Code section. No additional teaching hospitals will be added
until such funds have been made available for any additional teaching
hospitals."
"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the
(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the
SECTION 6.
Said title is further amended by striking Code Section
31_34_8 of the Official Code of Georgia Annotated, relating to funding of
service cancelable loans for physicians in rural areas, and inserting in its
place a new Code Section 31_34_8 to read as
follows:
"31_34_8.
The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to theDepartment of Community
Health Board of Regents of the University System of Georgia for
the specific purpose of the cancelable loan program authorized by this chapter.
The board shall be an independent state agency assigned to the
Department of Community Health Board of Regents of the
University System of Georgia for administrative purposes only,
except that such department shall prepare and submit the budget for that
board in concurrence with that board as defined by Code Section
50_4_3."
"31_34_8.
The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the
SECTION 6A.
Said title is further amended by striking subsection (a) of
Code Section 31_43_8, relating to selection of the presiding officer of the
Commission on Men´s Health, and inserting in its place the
following:
"(a) The commissionannually shall elect one of its members as
presiding officer who shall serve as presiding officer concurrently with the
term of office of such member specified under subsection (a) of Code Section
31_43_7. A successor shall be elected immediately prior to the expiration of
the presiding officer´s term of
office."
"(a) The commission
SECTION 7.
Said title is further amended by striking subsection (b) of
Code Section 31_44_3, relating to adoption of rules, establishment of a council,
and terms of councilmembers, and inserting in its place the
following:
"(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the GeorgiaChapter of the American Association of Kidney Patients; two
physicians specializing in nephrology recommended by the Georgia Renal
Physicians Association; one member recommended by the National Kidney Foundation
of Georgia; two administrators of facilities certified as outpatient dialysis
facilities in Georgia; three members of the general public, two of whom shall be
dialysis patients or family members of dialysis patients; one member
representing technicians working in renal dialysis facilities; one member
representing social workers working in renal dialysis facilities; and one member
representing nutritionists working in renal dialysis
facilities."
"(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia
SECTION 8.
Title 49 of the Official Code of Georgia Annotated, relating
to social services, is amended in Code Section 49_10_1, relating to the Georgia
Board for Physician Workforce, by striking paragraph (1) of subsection (a) and
striking subsection (d) and inserting in their place a new paragraph (1) of
subsection (a) and a new subsection (d) to read as
follows:
"(1)The Joint Board of Family Practice which existed on January 1, 1998, is
continued in existence but on and after July 1, 1998, shall become and be known
as the Georgia Board for Physician Workforce. The Georgia Board for
Physician Workforce, referred to in this chapter as the 'board,' shall be
attached to the Department of Community Health Board of
Regents of the University System of Georgia for administrative purposes
only, as defined by Code Section 50_4_3, except that such department
shall prepare and submit the budget for that board in concurrence with that
board."
"(d)The Department of Community Health, with the concurrence of the
board, The Georgia Board for Physician Workforce shall have the
authority to employ such administrative staff as is necessary to carry out the
functions of the board. Such staff members shall be employed within the limits
of the appropriations made to the
board."
"(1)
"(d)
SECTION 9.
Said title is further amended by striking Code Section
49_10_3, relating to powers, duties, and responsibilities of the Georgia Board
of Physician Workforce, and inserting in its place a new Code Section 49_10_3 to
read as
follows:
"49_10_3.
The board shall have the following powers, duties, and responsibilities:
(1) To locate and determine
specific underserved areas of the state in which unmet priority needs exist for
physicians by monitoring and evaluating the supply and distribution of
physicians by specialty and geographical
location;
(2) To approve and allocate
state appropriations for family practice training programs, including but not
limited to fellowships in geriatrics and other areas of need as may be
identified by the board;
(3) To
approve and allocate state appropriations for designated pediatric training
programs;
"49_10_3.
The board shall have the following powers, duties, and responsibilities:
(1) Plan and coordinate state_wide medical education and physician workforce policy and issues;
(2) Advise the Governor, General Assembly, and the Board of Regents of the University System of Georgia on the short_term and long_range projected requirements for physicians necessary to provide access to primary and specialty medical care in Georgia, policy and issues related to the education and characteristics of physicians in Georgia, and changing conditions that may threaten or negatively impact the achievement of physician workforce objectives;
(3) Monitor and evaluate the supply and distribution of physicians in Georgia by specialty and geographic location; in order to carry out this responsibility, the board is authorized to conduct surveys of physicians licensed in Georgia; the Composite Board of Medical Examiners is directed to provide full cooperation and assistance to the board in the conduct of such physician surveys;
(4) Define specific areas of the state in which unmet needs for physicians exist;
(5) Establish, prioritize, and maintain current physician workforce objectives, taking into account current and projected changes in medicine and medical practice, changing conditions, and changing needs for medical care in Georgia;
(6) Study and recommend options for financing medical education;
(7) Designate teaching hospitals eligible to receive residency capitation funds as authorized by subsection (c) of Code Section 31_7_95 of the Official Code of Georgia Annotated for purposes of defining the list of teaching hospitals that qualify for the teaching hospital provisions of the state´s certificate of need regulations;
(8) Approve and allocate state appropriations for medical education programs, except for appropriations made to the Medical College of Georgia through the Board of Regents of the University System of Georgia;
(9) Approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes;
(10) Coordinate and conduct with other state, federal, and private entities, as appropriate, other activities to increase the supply of physicians in medically underserved areas of Georgia and to meet other physician workforce objectives for Georgia; and
(11) Carry out any other functions assigned to the board by general law."
SECTION 10.
All laws and parts of laws in conflict with this Act are
repealed.