Legislative Day 38 continues as we publish this evening, a consequence of long floor calendars, weighty measures, and a quickly diminishing inventory of days remaining in the 2021 Legislative Session. Voting legislation absorbed much of the day with debates on SB 202 on both floors, and that debate continues in the Senate at this hour. Each chamber also took up a number of other substantial issues, with the House signing off on an update to the State’s Juvenile Code (SB 28) and the Uniform Mediation Act (SB 234) and the Senate approving the Audiology and Speech-Language Pathology Interstate Compact Act (HB 34) and resolutions providing compensation for wrongfully-incarcerated Georgians (HR 24, HR 25, HR 26). Debate continues, and so does our reporting with #GoldDomeReport on Twitter.

In today’s Report:

• Floor Action
• Committee News
• Rules Calendar for Legislative Day 39

Floor Action

The House took up the following measures on the floor today:

• HR 406 - Georgia Emergency Operations Plans; prioritize the continuum of the long-term services and support system; urge — ADOPTED 167-0
• SB 6 — "Tax Credit Return on Investment Act of 2021"; enact — PASSED 152-14
• SB 28 — Juvenile Code and Domestic Relations; provisions relating to the protection of children; strengthen, clarify and update — PASSED 123-46
• SB 46 - Health; certain medical personnel to administer vaccines during public health emergencies under certain conditions; authorize — RECOMMITTED TO RULES
• SB 75 — Termination of Residential Lease; victims of stalking; provide — PASSED 158-0
• SB 80 — "Ensuring Transparency in Prior Authorization Act"; enact — PASSED 167-0
• SB 95 — State Government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide — RECOMMITTED TO RULES
• SB 142 - Lottery for Education; lottery game of sports wagering in this state; provide — RECOMMITTED TO RULES
• SB 153 — "Graduation Opportunities and Advanced Learning (GOAL) Act"; enact — PASSED 105-59
• SB 165 — Motor Vehicles; autonomous vehicles from certain vehicle equipment requirements; exempt — PASSED 166-0
• SB 193 — Ad Valorem Taxation of Property; requiring that mobile homes procure and display decals; grant counties the option — PASSED 163-1
• SB 195 — Hemp Farming; definition; revise — PASSED 165-1
• SB 202 — Elections and Primaries; persons or entities that mail absentee ballot applications shall mail such applications only to eligible registered electors; provide — PASSED 100-75
• SB 218 — Vacation of Office; suspension of compensation for certain public officers who are suspended because of indictment for a felony; provide — PASSED 101-66
• SB 234 — "Georgia Uniform Mediation Act"; enact — PASSED 159-6
• SR 135 - Sports Betting; related matters; provide -CA — RECOMMITTED TO RULES

The Senate took up the following measures on the floor today:

• HB 34 - Audiology and Speech-Language Pathology Interstate Compact Act; enact — PASSED 44-0
• HB 44 - State government; Georgia shall observe daylight savings time year round; provide — FAILED 21-26 / RECONSIDERED AND TABLED
• HB 68 - Professions and businesses; certain military certifications; extend time to qualify — PASSED 49-0
• HB 141 - Criminal procedure; requirements for awards made from Georgia Crime Victims Emergency Fund to medical service providers; provide — PASSED 48-0
• HB 146 - Public officers and employees; paid parental leave for eligible state employees and eligible local board of education employees; provide — PASSED 52-0
• HB 173 - Retirement and pensions; eligible large retirement system's assets that may be invested in alternative investments; increase percentage — PASSED 47-1
• HB 286 - Local government; restrict ability of county governing authorities to reduce funding for county police departments — PASSED 36-15
• HB 346 - Jarom's Act; enact — PASSED 54-0
• HB 567 - Newborn Screening and Genetics Advisory Committee; create — PASSED 51-0
• HB 631 - Georgia Crime Information Center; develop a system to collect information on an individual's ability to communicate with law enforcement or emergency responders; provisions — PASSED 49-0
• HR 24 - Lucci, Dominic Brian; compensate — ADOPTED 52-0
• HR 25 - Jones, Mark Jason; compensate — ADOPTED 52-0
• HR 26 - Gardiner, Kenneth Eric; compensate — ADOPTED 52-0
• HR 183 - Congress; pass Recovering America's Wildlife Act; urge — ADOPTED 45-0
• HR 282 - Sydnie Grace Jones Memorial Intersection; dedicate — ADOPTED 46-0

Committee News

Senate Health and Human Services Committee
Chairman Ben Watson (R-Savannah) and the Health and Human Services Committee worked late into the evening on Wednesday to address the following measures:

• HB 369, authored by Representative Alan Powell (R-Hartwell), addresses Titles 40 and 43. The legislation received a new Substitute to amend the proposed prescriptive authority to be granted to advanced practice registered nurses and physician’s assistants working under the authority and a protocol agreement with a physician. Originally, Representative Powell’s legislation sought to permit an APRN and PA to write prescriptions for all Schedule II medications under certain limitations. This Substitute permits an APRN and PA to write one hydrocodone prescription in an emergency situation. An APRN is to have two years of experience for this authority. It also requires the APRN or PA to notify the supervising physician. The legislation was amended by Senator Dean Burke (R-Bainbridge) to clarify it would be for a single prescription. The legislation received a DO PASS recommendation by substitute with the amendment but with two dissenting votes (Senators Butler and Au). It now moves to the Senate Rules Committee.
• HB 290, authored by Representative Ed Setzler (R-Acworth), seeks to enact in Chapter 7 of Title 31 the “Patient and Resident Representation and Visitation Act.” It establishes two new definitions, “essential caregiver” and “legal representative.” Representative Setzler took a good bit of time explaining a new version to this legislation, which he indicated has “nothing to do with visitation.” Rather, this legislation gives, per Setzler, hospitals and long-term care facilities absolute control of visitation policies. This bill recognizes the roles of legal representatives and is placed in current law where Georgia’s consent statue is found (O.C.G.A. 31-9-2) and how patients consent to care. Setzler argued that it is a balancing test of emergency powers and the rights of the patient. It fits with the healthcare power of attorney and durable power of attorney; an individual is to designate his or her legal representative. Setzler noted that staff in facilities have “unfettered” access to patients; he argued that families need that access. There were a number of questions, including why this legal representative is to be “physically needed” when an individual may consult with a physician or staff via phone or other means. Chairman Watson questioned Representative Setzler about his use of “unfettered access” to patients which staff have; he reminded, and cautioned, Representative Setzler that as a physician he did not always have unfettered access. Senator Larry Walker, III (R-Perry) inquired if the legal representative would supplant the individual named in the healthcare power of attorney or durable power of attorney; Representative Setzler said that would be the same individual. Representative Setzler also noted that the legislation referred to 42 C.F.R. 482.13 which addresses a patient and resident’s representative. This language, according to Representative Setzler, was vetted with the Department of Community Health which oversees these facilities and their payment through Medicaid. Senator John Kennedy inquired about the access differences - a legal representative for a person in the hospital is one hour per day; an essential caregiver is provided two hours per day. The latest substitute also seeks to address the legal cause of action; in this version, it provided injunctive relief but no damages. This legislation is seeking to define the term “legal representative” as the federal regulations permit. Representative Mark Newton (R-Augusta), and also an emergency room physician, spoke to the importance of the legislation noting it could bring compassionate care and help patients at the bedside. A number of other individuals testified about the legislation:
  • An individual from the Family Policy Alliance of Georgia testified in support.
  • An individual testified on behalf of a family who could not provide accurate medical history or provide comfort to their family member.
  • Mike Griffin, with the Georgia Baptist Mission Board, testified in support.
  • A daughter of a woman in a long-term care facility noted her challenges in lack of being able to be with her mother.
  • A representative from the Georgia Advocacy Office outlined a few concerns, including the definition of legal representative and lack of court oversight.
  • Virginia Galloway, with the Faith and Freedom Coalition, testified in support.
  • Anna Adams, with the Georgia Hospital Association, testified to the 160 hospitals in the state and their concerns. Ms. Adams noted that as of March 10 the legislation was no longer in compliance with CMS guidelines. It also removes the ability for the governor to restrict access in his powers.
  • The CNO from WellStar spoke to the concern for her facility’s staff and patients and noted its opposition.
  • The Chief Medical Officer at Grady spoke to his concerns which included that it provided no protections for victims of abuse (sex, elder or child abuse) and had no provision included for the victim to say no to the named legal representative; there are issues with psych patients and those under 1013s (the concern is the legal representative could incite further violence from that patient); burn unit or those patients who are immunocomprised (there is no provision to prevent individuals from having legal representatives physically present - the concern is for infection to these patients); and there is no language to protect or close a facility in the event of an “internal” disaster or mass casualty event.
  • An executive from Northeast Georgia Medical Center also testified about the numbers of COVID-19 patients that the system experienced - more than 1,000 staff tested positive and at one point there were 350 patients who tested positive. The facilities in this system urged that the physicians should make the decision on when a patient may have visitors.
  • Atrium/Naviscent testified, including a physician, regarding the use of “legal representative” and its impeding a patient from the ability to make a decision.
  • The Alliance of Community Hospitals also noted that its member hospitals have numerous concerns about the legislation.
  • The Alzheimer’s Association of Georgia also testified, noting that it supported the efforts to prevent patients’ isolation in long-term care settings.

The Committee began looking at language and Chairman Watson offered several amendments, eliminating the word “physical” from the legislation so that an individual would not need to be physically present. Another change offered deleted the restriction permitted for an individual’s attending physician to restrict a legal representative’s access to a patient for up to 48 hours.. Senator Dean Burke (R-Bainbridge) noted he had grave concerns about trying to perfect this bill so quickly and he offered an amendment to strike language through line 151 but which would still allow hospitals to have a public visitor policy and would address CMS guidelines and allow the Department of Community Health to have regulatory authority. This amendment could be passed to allow facilities more time to do more work. Senator Nan Orrock (D-Atlanta) noted she found it impossible to pass anything except what Senator Burke presented. Senator Greg Dolezal (R-Cumming) stated that reminded the Committee of his interest in the bill as a friend had been denied access to their dying child due to COVID-19 and he hated to see the bill “gutted.” The Committee voted on the Burke Amendment which was adopted by a vote of 6-3. The substitute legislation received a DO PASS recommendation as amended 9-1. It now moves to the Senate Rules Committee.

• HB 128, authored by Representative Rick Williams (R-Milledgeville), seeks to enact “Gracie’s Law” at O.C.G.A. 31-1-24. It seeks to prohibit providers from prohibiting individuals with an ADA disability from being eligible for an organ transplant. The legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee.
• HB 117, authored by Representative Mike Wilensky (D-Dunwoody), originally sought to add ulcerative colitis to the diseases under which patients could receive and register for treatment under the Low THC Registry. The substitute presented to the Committee and added language from SB 92, authored by Senator Randy Robertson (R-Cataula). It seeks to add in Title 16 a prohibition of the sale to and by minors of drug products containing dextromethorphan. The Committee gave this Substitute a DO PASS recommendation, and it now moves to the Senate Rules Committee.
• HB 645, authored by Representative Micah Gravley (R-Douglasville), is an update to Georgia’s law regarding medical cannabis created in HB 324 in 2019 in Chapter 12 of Title 16. Senator Matt Brass (R-Newnan) explained a new Substitute which he described as a “clean up” and also contained a number of requests from the Medical Cannabis Commission. Included is language about the review of new treatments; clarification of criminal enforcement so that GBI is not required to make inspections of facilities making the product; clarification on licenses to Georgia’s land grant universities (to be made upon request); the oversight commission; testing of products by a third-party; and the bigger questions around who is permitted to “dispense” the products (originally by pharmacists but they have been reluctant due to federal law prohibiting marijuana). In this substitute, there is language to allow a system where entities would bid on permission (much like how the state addresses coin operated amusement machines). The Committee gave the legislation a DO NOT PASS recommendation.

House Ways and Means Committee-Public Policy Subcommittee
Chairman Ron Stephens (R-Savannah) and the Public Policy Subcommittee took up one piece of legislation this morning, SB 87 authored by Senator Doc Rhett (D-Marietta). Senator Rhett presented the legislation, which is named for a former Senate colleague, the Senator Jack Hill Veterans Act. The bill seeks to provide for a voluntary “check off” on state income tax in the amount of $1.00 with the proceeds of that money to go towards 501(c)(3) entities with at least 90 percent of their funding going towards funding organization’s services (and not administrative expenses) to help aid and assist service disabled veterans. The individuals receiving service would be required to have their disabilities determined by the Veterans Administration. There were questions raised by Chairman of Ways and Means Shaw Blackmon (R-Bonaire) about the amount of funds raised and how best to increase the funding. No action was taken this morning on SB 87.

New Legislation

The following legislation of interest was recently introduced in the House and referred to committee:

• HB 806, authored by Representative Miriam Paris (D-Atlanta), amends Titles 31 and 43 to enact the Georgia Community Midwife Act. The bill would provide for the regulation and licensure of community midwives under the Office of the Secretary of State. The bill also requires all patients to provide informed consent prior to utilizing the services of any licensed community midwife. This bill was referred to the House Health and Human Services Committee.
• HB 807, authored by Representative Sharon Cooper (R-Marietta), amends Title 24 to allow healthcare providers or healthcare facilities to enter into open discussions with patients that were involved in adverse healthcare situations. "Open discussions" are defined as "all communications that are made under Code Section 24-12-41 and includes memoranda, work product, documents, and other materials that are prepared for, or submitted in the course of or in connection with, communications under Code Section 24-12-41." The bill also specifies that all open discussions, offers of compensation, and actual compensation are not to be construed as an admission of liability and shall remain confidential. This bill was referred to the House Health and Human Services Committee.
• HB 809, authored by Representative Viola Davis (D-Atlanta), amends Title 16 to allow local governments to adopt ordinances governing the possession of less than an ounce of marijuana. The bill prevents penalties for possession of marijuana from exceeding fines of $1,000. This bill was referred to the Judiciary Non-Civil Committee.
• HB 811, authored by Representative Sharon Cooper (R-Marietta), amends Title 43 to create the Georgia Medical Imaging and Radiation Therapy Board to provide for the licensing and regulation of medical imaging and radiation therapy. This bill was referred to the House Health and Human Services Committee.
• HB 820, authored by Representative Rebecca Mitchell (D-Snellville), amends Title 20 to revise the value of HOPE GED vouchers. The new value will equal the standard full-time tuition of the institution. The bill expands eligibility for the voucher to individuals that received their GED in another state once they have lived in Georgia for at least 48 consecutive months. The bill also extends the period a formerly incarcerated individual may use the voucher from 24 months to 48 months post release. This bill was referred to the House Higher Education Committee.
• HR 427, authored by Representative Ginny Ehrhart (R-Marietta), creates the House Study Committee on the Public Funding, Transparency, and Membership of the State Bar of Georgia. This resolution was referred to the House Regulated Industries Committee.
• HB 428, authored by Representative Houston Gaines (R-Athens), creates the House Study Committee on Mental Health and Substance Use Disorder. This resolution was referred to the House Health and Human Services Committee.
• HR 452, authored by Representative Sharon Cooper (R-Marietta), urges the Department of Public Health to take action to increase child and adolescent immunization rates. This resolution was referred to the House Health and Human Services Committee.

The following legislation of interest was recently introduced in the Senate and referred to committee:

• SR 281, authored by Senator Butch Miller (R-Gainesville), creates the Senate Study Committee on Violence Against Health Care Workers. This resolution was referred to the Senate Rules Committee.
• SR 305, authored by Senator Brandon Beach (R-Alpharetta), creates the Senate University Admissions Study Committee. This resolution was referred to the Senate Rules Committee.
• SR 307, authored by Senator Jason Anavitarte (R-Dallas), recognizes the importance of multiple diploma pathways for high school students. This resolution was referred to the Senate Education and Youth Committee.

Rules Calendars for Legislative Day 39

The House is expected to take up the following measures on Monday for Legislative Day 39:

• SB 59 — Education; additional QBE funding for each full-time equivalent student within a local charter school; provide (Substitute)(Ed-Jones-25th) Albers-56th
• SB 78 — Invasion of Privacy; prohibition on electronically transmitting or posting nude or sexually explicit photographs or videos for purposes of harassing the depicted person; revise (Substitute)(JudyNC-Smith-18th) Jones II-22nd
• SB 100 — State Government; this state shall observe standard time year round; provide (Substitute)(SP&CA-Cantrell-22nd) Watson-1st
• SB 105 — State-Wide Probation System; conditions and procedures under which probation may be terminated early; revise (JudyNC-Smith-18th) Strickland-17th
• SB 117 — Department of Human Services; offenses of improper sexual contact by employee or agent in the first and second degrees; revise (Substitute)(JudyNC-Gaines-117th) Miller-49th
• SB 156 — Labor and Industrial Relations; appointment, oath, bond, power, duties, and authority of a chief labor officer; provide (Substitute)(I&L-Kirby-114th) Harbin-16th
• SB 198 — Department of Public Safety; subsistence and per diem allowances; receipt of badge and duty weapon upon retirement; provide (PS&HS-Lumsden-12th) Harper-7th
• SB 220 — "The Georgia Civics Renewal Act"; enact (Substitute)(Ed-Gambill-15th) Payne-54th (Rules Committee Substitute LC 49 0551S)
• SB 225 — License Plates; individuals who served in the armed forces for an ally of the United States during active military combat; provide a veteran's license plate (Substitute)(MotV-Hitchens-161st) Harbison-15th
• SB 236 — Alcoholic Beverages; food service establishments to sell mixed drinks for off-premises consumption in approved containers under certain conditions; allow (RegI-Carpenter-4th) Brass-28th
• SB 260 — Soil Amendments; exclude from regulation (Substitute) (A&CA-Corbett-174th) Harper-7th

The Senate is expected to set a Rules Calendar for Legislative Day 39 tomorrow at 10AM.