Bill Text: GA SB435 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-07-01 - Effective Date [SB435 Detail]
Download: Georgia-2009-SB435-Introduced.html
Bill Title: "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-07-01 - Effective Date [SB435 Detail]
Download: Georgia-2009-SB435-Introduced.html
10 SB 435/AP
Senate
Bill 435
By:
Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison
of the 15th, Goggans of the 7th and others
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to enact the "Diabetes and Health Improvement Act of 2010"; to provide
legislative findings; to establish the Georgia Diabetes Control Grant Program;
to provide for an advisory committee; to provide for the establishment of two
grant programs to promote a state-wide effort to combat the proliferation of
diabetes; to provide for grant criteria; to provide for staff; to revise certain
provisions relating to the regulation of tanning facilities; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
The
General Assembly finds that:
(1)
Diabetes is a chronic disease caused by the inability of the pancreas to produce
insulin or to use the insulin produced in the proper way;
(2)
If untreated and poorly managed, diabetes has been medically proven to lead to
blindness, kidney failure, amputation, heart attack, and stroke;
(3)
Diabetes is the sixth leading cause of death in the United States, responsible
for a similar number of deaths each year as HIV/AIDS;
(4)
In Georgia, the prevalence of diabetes is 8 percent higher than the nation as a
whole;
(5)
One out of three people with diabetes are not aware that they have the
disease;
(6)
Without aggressive societal action, the number of people living with diabetes in
Georgia will more than double to 1,697,000 people in the next 20 years, cutting
life short for these people by ten to 20 years; and
(7)
Without aggressive societal action, the economic burden of diabetes on the State
of Georgia is expected to grow from $5 billion each year to about $11.9 billion
in the next 20 years.
SECTION
1-2.
This
Act shall be known and may be cited as the "Diabetes and Health Improvement Act
of 2010."
SECTION
1-3.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
adding a new Code section to read as follows:
"31-2-17.1.
(a)
There is established within the department's Division of Public Health the
Georgia Diabetes Control Grant Program. The purpose of the grant program shall
be to develop, implement, and promote a state-wide effort to combat the
proliferation of Type 2 diabetes and pre-diabetes.
(b)
The program shall be under the direction of a seven-member advisory committee,
appointed by the Governor. The Governor, in making such appointments, shall
ensure to the greatest extent possible that the membership of the advisory
committee is representative of this state's geographic and demographic
composition, with appropriate attention to the representation of women,
minorities, and rural Georgia. The appointments made by the Governor shall
include one member who is:
(1)
A physician licensed in this state;
(2)
A registered nurse licensed in this state;
(3)
A dietician licensed in this state;
(4)
A diabetes educator;
(5)
A representative of the business community;
(6)
A pharmacist licensed in this state; and
(7)
A consumer who has diabetes.
The
commissioner of the Department of Community Health, or his or her designee,
shall serve as an ex officio, nonvoting member of the advisory committee.
Appointed advisory committee members shall be named for five-year terms
staggered so that one term will expire each year, except for the fourth and
fifth year, when two terms will expire. Their successors shall be named for
five-year terms.
(c)
The Georgia Diabetes Control Grant Program shall be authorized to administer two
grant programs targeted at new, expanded, or innovative approaches to address
diabetes as follows:
(1)
A program to provide grants to middle schools and high schools to promote the
understanding and prevention of diabetes may be established by the program.
Such grants shall be provided through the appropriate local board of education.
Grant requests shall contain specific information regarding requirements as to
how the grant should be spent and how such spending promotes the understanding
and prevention of diabetes. Grant recipients shall be required to provide the
advisory committee with quarterly reports of the results of the grant program;
and
(2)
A program to provide grants to health care providers for support of evidence
based diabetes programs for education, screening, disease management, and
self-management targeting populations at greatest risk for pre-diabetes,
diabetes, and the complications of diabetes; and grants may also be awarded to
address evidence based activities that focus on policy, systems, and
environmental changes that support prevention, early detection, and treatment of
diabetes. Eligible entities shall include community and faith based clinics and
other organizations, federally qualified health centers, regional and county
health departments, hospitals, and other public entities, and other health
related service providers which are qualified as exempt from taxation under the
provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. Such
entities shall have been in existence for at least three years, demonstrate
financial stability, utilize evidence based practices, and show measurable
results in their programs.
(d)
The advisory committee shall work with the department to establish grant
criteria and make award decisions, with the goal of creating a state-wide set of
resources to assist residents of Georgia in their efforts to prevent or treat
diabetes. Grants shall not be used for funding existing programs.
(e)
The grant program shall be under the direction of the diabetes coordinator
appointed pursuant to Code Section 31-2-17. The department shall provide
sufficient staff, administrative support, and such other resources as may be
necessary for the diabetes coordinator to carry out the duties required by this
Code section.
(f)
This Code section shall be subject to appropriation from the General
Assembly."
PART
II
SECTION 2-1.
SECTION 2-1.
Said
title is further amended by adding a new Code section to read as
follows:
"31-38-4.1.
(a)
After January 1, 2011, no person shall establish, maintain, or operate a tanning
facility without first having registered with the department.
(b)
A person shall register under this Code section by submitting a form to the
department. The form shall require only the name, address, and telephone number
of the tanning facility and owner and the model number and type of each
ultraviolet lamp used in the tanning facility.
(c)
A registrant shall be required to pay an annual registration fee of $25.00 per
tanning facility and an additional registration fee of $15.00 per tanning device
owned, leased, or otherwise used by the tanning
facility."
SECTION
2-2.
Said
title is further amended by revising subsection (b) of Code Section 31-38-8,
relating to written report of injury requirement, use of tanning equipment by
minors restricted, and equipment maintenance requirements, and by adding a new
subsection to read as follows:
"(b)
The tanning facility owner or operator shall not allow minors
under 14 years
of age to use tanning
equipment.
The tanning facility owner or operator shall not allow minors 14 years of age or
over but under 18 years of age to use tanning
equipment unless the minor's parent or
legal guardian signs a written consent form meeting the requirements of this
Code section. Such consent form shall be signed by the parent or legal guardian
at the tanning facility before the minor may use the equipment or
facility."
"(e)
A tanning facility shall not advertise or distribute promotional materials that
claim that using a tanning device is safe or free from risk or that the use of a
tanning device will result in medical or health benefits. Violation of the
provisions of this subsection shall constitute an unfair or deceptive act
pursuant to the terms of Part 2 of Article 15 of Chapter 1 of Title 10, the
'Fair Business Practices Act of
1975.'"
PART
III
SECTION 3-1.
SECTION 3-1.
All
laws and parts of laws in conflict with this Act are repealed.