08 LC 33
2425
House
Bill 1222
By:
Representatives Channell of the
116th,
Parrish of the
156th,
Stephens of the
164th,
Sheldon of the
105th,
Gardner of the
57th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia
Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as
to add definitions; to revise certain provisions relating to requirements for
entering into contracts with health care providers; to amend Chapter 1 of Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses generally, so as to revise certain provisions relating to the
"Georgia Volunteers in Health Care Specialties Act"; to require that health care
licensing boards issue special licenses if certain conditions are met; to
require that a health care practitioner that is under sanctions or restrictions
shall not receive a special license; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating
to the "'Health Share' Volunteers in Medicine Act," is amended by revising Code
Section 31-8-192, relating to definitions, as follows:
"31-8-192.
As
used in this article, the term:
(1)
'Contract' means an agreement executed in compliance with this article between a
health care provider and a governmental contractor. This contract shall allow
the health care provider to deliver health care services to low-income
recipients as an agent of the governmental contractor. The contract must be for
volunteer, uncompensated services. Payments made to a health care provider from
the Indigent Care Trust Fund shall not constitute compensation under this
article.
(2)
'Department' means the Department of Community Health.
(3)
'Disciplinary action' means any action taken by a licensing board to reprimand a
medical practitioner included as a health care provider pursuant to paragraph
(5) of this Code section for inappropriate or impermissible
behavior.
(3)(4)
'Governmental contractor' means the department or its designee or
designees.
(4)(5)
'Health care provider' or 'provider' means:
(A)
An ambulatory surgical center licensed under Article 1 of Chapter 7 of this
title;
(B)
A hospital or nursing home licensed under Article 1 of Chapter 7 of this
title;
(C)
A physician or physician assistant licensed under Article 2 of Chapter 34 of
Title 43;
(D)
An osteopathic physician or osteopathic physician assistant licensed under
Article 2 of Chapter 34 of Title 43;
(E)
A chiropractic physician licensed under Chapter 9 of Title 43;
(F)
A podiatric physician licensed under Chapter 35 of Title 43;
(F.1)
A physical therapist licensed under Chapter 33 of Title 43;
(G)
A registered nurse, nurse midwife, licensed practical nurse, or advanced
registered nurse practitioner licensed or registered under Chapter 26 of Title
43 or any facility which employs nurses licensed or registered under Chapter 26
of Title 43 to supply all or part of the care delivered under this
article;
(H)
A midwife certified under Chapter 26 of this title;
(I)
A health maintenance organization certificated under Chapter 21 of Title
33;
(J)
A professional association, professional corporation, limited liability company,
limited liability partnership, or other entity which provides or has members
which provide health care services;
(K)
Any other medical facility the primary purpose of which is to deliver human
medical diagnostic services or which delivers nonsurgical human medical
treatment and which includes an office maintained by a provider;
(L)
A dentist or dental hygienist licensed under Chapter 11 of Title 43;
or
(M)
Any other health care professional, practitioner, provider, or facility under
contract with a governmental contractor, including a student enrolled in an
accredited program that prepares the student for licensure as any one of the
professionals listed in subparagraphs (C) through (H) of this
paragraph.
The
term includes any nonprofit corporation qualified as exempt from federal income
taxation under Section 501(c) of the Internal Revenue Code which delivers health
care services provided by licensed professionals listed in this paragraph, any
federally funded community health center, and any volunteer corporation or
volunteer health care provider that delivers health care services.
(5)(6)
'Low-income' means:
(A)
A person who is Medicaid eligible under the laws of this state;
(B)
A person:
(i)
Who is without health insurance; or
(ii)
Who has health insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget;
(C)
A person:
(i)
Who is without dental insurance; or
(ii)
Who has dental insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget; or
(D)
Any client or beneficiary of the department or the Department of Human Resources
who voluntarily chooses to participate in a program offered or approved by the
department or the Department of Human Resources and meets the program
eligibility guidelines of the department or the Department of Human Resources
whose family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget.
(6)(7)
'Occasional-service volunteer' means a volunteer who provides one-time or
occasional volunteer service.
(7)(8)
'Regular-service volunteer' means a volunteer engaged in specific voluntary
service activities on an ongoing or continuous basis.
(9)
'Restriction' means any limitation imposed by a licensing board on a medical
practitioner included as a health care provider pursuant to paragraph (5) of
this Code section.
(10)
'Sanction' means any penalty imposed by a licensing board or other regulatory
entity on a medical practitioner included as a health care provider pursuant to
paragraph (5) of this Code section.
(8)(11)
'Volunteer' means any person who, of his or her own free will, and in support of
or in assistance to the program of health care services provided pursuant to
this article to any governmental contractor, provides goods or clerical
services, computer services, or administrative support services, with or without
monetary or material compensation. This term shall not include a health care
provider."
SECTION
2.
Said
article is further amended by revising subsection (c) of Code Section 31-8-193,
relating to the establishment of a program to provide for health care services
to low-income recipients, as follows:
"(c)
In order to enter into a contract under this Code section, a health care
provider shall:
(1)
Have a current valid Georgia health professional license;
(2)
Not be under probation or suspension by the applicable licensing board or
subject to
other restrictions, sanctions, or disciplinary actions imposed by the applicable
licensing board. The department, in its discretion, shall determine if a past
restriction, sanction, or disciplinary action imposed by the applicable
licensing board is of such a grave and offensive nature with respect to patient
safety concerns as to warrant refusal to enter into a contract with such health
care provider pursuant to this subsection;
(3)
Not be subject to intermediate sanction by
the Centers for Medicare and Medicaid Services for medicare or Medicaid
violations or
be subject to sanctions with regard to other federally funded health care
programs; and
(3)(4)
Submit to a credentialing process to determine acceptability of
participation."
SECTION
3.
Chapter
1 of Title 43 of the Official Code of Georgia Annotated, relating to professions
and businesses generally, is amended by revising Code Section 43-1-28, relating
to volunteers in health care specialties, as follows:
"43-1-28.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Health Care Specialties Act.'
(b)
As used in this Code section, the term:
(1)
'Health care board' means that professional licensing board which licenses a
health care practitioner under this title.
(2)
'Health care practitioner' means a chiropractor, registered professional nurse,
podiatrist, optometrist, professional counselor, social worker, marriage and
family therapist, occupational therapist, physical therapist, physician´s
assistant, licensed practical nurse, or certified nurse midwife.
(3)
'Health care specialty' means the practice of chiropractic, nursing, podiatry,
optometry, professional counseling, social work, marriage and family therapy,
occupational therapy, physical therapy, physician assistance, or
midwifery.
(4)
'Unrestricted' means that no restrictions have been placed on a health care
practitioner´s license by a health care board, no sanctions or disciplinary
actions have been imposed by a health care board on a health care practitioner,
and a health care practitioner is not under probation or suspension by a health
care board.
(c)
Notwithstanding any other provision of law, each health care board
may
shall
issue a special license to qualifying health care practitioners whose health
care specialty is licensed by that board under the terms and conditions set
forth in this Code section. The special license
may
shall
only be issued to a person who:
Notwithstanding
any other provision of law, each health care board may issue a special license
to qualifying health care practitioners whose health care specialty is licensed
by that board under the terms and conditions set forth in this Code section. The
special license may only be issued to a person who:
(1)
Is currently licensed to practice the applicable health care specialty in any
health care specialty licensing jurisdiction in the United States and whose
license is
unrestricted
and in good standing; or
(2)
Is retired from the practice of the health care specialty or, in the case of a
physician´s assistant, has an inactive license and is not currently engaged
in such practice either full time or part time and has, prior to retirement or
attaining inactive status, maintained full licensure
unrestricted
in good standing in the applicable health care specialty licensing jurisdiction
in the United States.
(d)
The special licensee shall be permitted to practice the health care specialty
only in the noncompensated employ of public agencies or institutions, not for
profit agencies, not for profit institutions, nonprofit corporations, or not for
profit associations which provide health care specialty services only to
indigent patients in areas which are underserved by that specialty or critical
need population areas of the state, as determined by the board which licenses
that specialty, or pursuant to Article 8 of Chapter 8 of Title 31.
(e)
The person applying for the special license under this Code section shall submit
to the appropriate health care board a copy of his or her health care specialty
degree, a copy of his or her health care specialty license in his or her current
or previous licensing and regulating jurisdiction, and a notarized statement
from the employing agency, institution, corporation, association, or health care
program on a form prescribed by that board, whereby he or she agrees
unequivocally not to receive compensation for any health care specialty services
he or she may render while in possession of the special license.
(f)
Examinations by the health care board, any application fees, and all licensure
and renewal fees may be waived for the holder of the special license under this
Code section.
(g)
If, at the time application is made for the special license, the health care
practitioner is not in compliance with the continuing education requirements
established by the health care board for the applicable health care specialty,
the health care practitioner shall be issued a nonrenewable temporary license to
practice for six months provided the applicant is otherwise qualified for such
license.
(h)(1)
Except as provided for in paragraph (2) of this subsection, the liability of
persons practicing a health care specialty under and in compliance with a
special license issued under this Code section and the liability of their
employers for such practice shall be governed by Code Section 51-1-29.1, except
that a podiatrist engaged in such practice and an employer thereof shall have
the same immunity from liability as provided other health care practitioners
under Code Section 51-1-29.1.
(2)
The liability of persons practicing a health care specialty pursuant to Article
8 of Chapter 8 of Title 31 under and in compliance with a special license issued
under this Code section and the liability of their employers for such practice
shall be governed by the provisions of such article.
(i)
This Code section, being in derogation of the common law, shall be strictly
construed."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.