09 LC 33
2837
House
Bill 351
By:
Representatives Loudermilk of the
14th,
Rice of the
51st,
Coan of the
101st,
Mills of the
25th,
Walker of the
107th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating
to family-planning services, so as to define certain terms; to authorize
agencies to provide medical referral services under certain conditions; to
require parental notification for an unemancipated minor to receive medical
referral services or birth control devices; to change certain provisions
relating to right to refuse services; to change certain provisions relating to
right of employee to refuse to offer services; to change certain provisions
relating to plans and programs to carry out chapter; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 49 of the Official Code of Georgia Annotated, relating to
family-planning services, is amended by revising Code Section 49-7-2, relating
to definitions, as follows:
"49-7-2.
As
used in this chapter, the term:
(1)
'Agencies' means the department, county boards of health, health districts,
county departments of family and children services, and district departments of
family and children services.
(2)
'Birth control
device' or 'contraceptive' means any drug, medical preparation, medical
procedure, medical device, rhythm chart, or any related product whose primary
function is to prevent impregnation during sexual activity.
(3)
'Family-planning services' means counseling and interviews with trained
personnel regarding birth control, infertility, and family-planning methods and
procedures;
and
distribution of literature relating to birth control, infertility, and family
planning;
referral to licensed physicians or local health departments for consultation,
examination, tests, medical treatment, and prescriptions for the purposes of
birth control, infertility, and family planning; and, to the extent prescribed,
the distribution of rhythm charts, drugs, medical preparations, contraceptive
devices, and similar products used for birth control and family
planning.
(4)
'Medical referral services' means referral to licensed physicians or local
health departments for consultation, examination, tests, medical treatment, and
prescriptions for the purposes of birth control, infertility, and family
planning.
(5)
'Proper identification' means any document issued by a governmental agency
containing a description of the person, the person's photograph, or both,
including, but not limited to, a driver's license, an identification card
authorized under Code Sections 40-5-100 through 40-5-104 or similar
identification card issued by another state, a military identification card, a
passport, or an appropriate work authorization issued by the United States
Citizenship and Immigration Services.
(6)
'Unemancipated minor' means any person under the age of 18 who is not or has not
been married or who is under the care, custody, and control of such person's
parent or parents, guardian, or the juvenile court of competent
jurisdiction."
SECTION
2.
Said
chapter is further amended by adding a new Code section to read as
follows:
"49-7-3.1.
Within
the limitations of the funds available to such agencies, all agencies are
further authorized to offer medical referral services, contraceptives, and birth
control devices to any person who is not an unemancipated minor and is
requesting such
services."
SECTION
3.
Said
chapter is further amended by revising Code Sections 49-7-4 through 49-7-7 as
follows:
"49-7-4.
Agencies
may support family-planning services at no cost to the recipients of such
services in accordance with rules and regulations of said
agencies.
The agencies,
employees of such agencies, or contractors of the agencies shall not provide any
medical referral service or birth control device to an unemancipated minor
unless such minor is accompanied by a parent or guardian who shows proper
identification and states that such parent or guardian is the lawful parent or
guardian of such minor and that such parent or guardian has been notified that
such service or device has been requested by such minor.
49-7-5.
The
refusal of any person to accept family-planning services
or medical
referral services shall in no way affect
the right of such person to receive public assistance or public health services
or to avail himself
or
herself of any other public benefit. The
employees of the agencies engaged in the administration of this chapter shall
recognize that the right to make decisions concerning family planning and birth
control is a fundamental personal right of the individual; and nothing in this
chapter shall in any way abridge such individual right, nor shall any individual
be required to state his
or
her reason for refusing the offer of
family-planning services
or medical
referral services.
49-7-6.
Any
employee of the agencies engaged in the administration of this chapter may
refuse to accept the duty of offering family-planning services
or medical
referral services to the extent that such
duty is contrary to such employee's personal religious beliefs; and such refusal
shall not be grounds for any disciplinary action, for dismissal, for any
interdepartmental transfer, for any other discrimination in his
or
her employment, for suspension from
employment, or for any loss in pay or other benefits. The directors or
supervisors of such agencies shall be authorized, however, to reassign the
duties of any such employees in order to carry out this chapter
effectively.
49-7-7.
The
department is authorized and directed to develop plans and programs to carry out
this chapter. Such plans and programs shall include, but shall not be limited
to, provisions for:
(1)
A training program offered by the department for its employees who are in
contact with and counsel those persons likely to desire family-planning services
or medical
referral services. Such training program
should be designed to provide such employees with complete information regarding
family planning and birth control and all matters related thereto;
and
(2)
A systematic plan for coordinating the activities of the department and its
counterparts at the county and district level in the area of family-planning
services or
medical referral
services."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.