O.C.G.A. § 31-8-125 — GA Code / Title 31 / Chapter 8 / Section 31-8-125
Georgia Code Title 31. Health § 31-8-125
Status: in_force

(a) Any resident, guardian, or representative who believes his rights under Code Section 31-8-107 , paragraph (3) of subsection (b) of Code Section 31-8-108 , Code Section 31-8-109 , paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-112 , Code Section 31-8-116 , Code Section 31-8-117 , or Code Section 31-8-120 have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The department is authorized to hold such hearings and, in the case of an appeal of a decision of a referee, the department may hold such hearings by review of the record.

(a) Any resident, guardian, or representative who believes his rights under Code Section 31-8-107 , paragraph (3) of subsection (b) of Code Section 31-8-108 , Code Section 31-8-109 , paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-112 , Code Section 31-8-116 , Code Section 31-8-117 , or Code Section 31-8-120 have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The department is authorized to hold such hearings and, in the case of an appeal of a decision of a referee, the department may hold such hearings by review of the record.

(b) The hearing shall be conducted within 45 days of the receipt by the department of the request for a hearing. Except where the state or community ombudsman has already been involved in the matter at issue, the department may refer the complaint to the state or community ombudsman for informal resolution pending the hearing.

(b) The hearing shall be conducted within 45 days of the receipt by the department of the request for a hearing. Except where the state or community ombudsman has already been involved in the matter at issue, the department may refer the complaint to the state or community ombudsman for informal resolution pending the hearing.

(c) Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will relieve or reduce or except in case of nonpayment, no transfer shall take place until all appeal rights are exhausted.

(c) Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will relieve or reduce or except in case of nonpayment, no transfer shall take place until all appeal rights are exhausted.

(d) The department shall hold such hearings at the facility upon the resident's request or as necessary due to the resident's medical condition. Where residents of a facility allege a common complaint, the department may at the residents' request schedule a single hearing.

(d) The department shall hold such hearings at the facility upon the resident's request or as necessary due to the resident's medical condition. Where residents of a facility allege a common complaint, the department may at the residents' request schedule a single hearing.

(e) If the department finds no violations of this article, the resident and facility will be so informed. If a violation has occurred, the department shall order the facility to correct such violation; and, upon failure to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-8-126 .

(e) If the department finds no violations of this article, the resident and facility will be so informed. If a violation has occurred, the department shall order the facility to correct such violation; and, upon failure to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-8-126 .
O.C.G.A. § 31-39-6 — GA Code / Title 31 / Chapter 39 / Section 31-39-6
Georgia Code Title 31. Health § 31-39-6
Status: in_force

(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician, nurse, physician assistant, caregiver, health care professional, or emergency medical technician.

(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff, or a physician assistant, caregiver, health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation.

(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff, or a physician assistant, caregiver, health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation.
O.C.G.A. § 31-11-51 — GA Code / Title 31 / Chapter 11 / Section 31-11-51
Georgia Code Title 31. Health § 31-11-51
Status: repealed

(a) As used in this Code section, the term “ conviction data ” means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.

(a) As used in this Code section, the term “ conviction data ” means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.

(b) Except as otherwise provided for in this chapter, the board shall, by regulation, authorize the department to establish procedures and standards for the licensing of emergency medical services personnel. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.

(b) Except as otherwise provided for in this chapter, the board shall, by regulation, authorize the department to establish procedures and standards for the licensing of emergency medical services personnel. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.

(c) In reviewing applicants for initial licensure of emergency medical services personnel, the department shall be authorized pursuant to this Code section to obtain conviction data with respect to such applicants for the purposes of determining the suitability of the applicant for licensure.

(c) In reviewing applicants for initial licensure of emergency medical services personnel, the department shall be authorized pursuant to this Code section to obtain conviction data with respect to such applicants for the purposes of determining the suitability of the applicant for licensure.

(d) The department shall by rule or regulation, consistent with the requirements of this subsection, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt of an authorized request, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding.

(d) The department shall by rule or regulation, consistent with the requirements of this subsection, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt of an authorized request, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding.

(e) An applicant with conviction data which indicates a conviction of a felony more than five but less than ten years prior to application shall not be disqualified for licensure, provided that such applicant has: (1) Successfully completed a training program approved by the department and sponsored by the Department of Corrections pursuant to Code Section 42-5-57 ; and (2) Met all other requirements as set forth in this chapter.

(e) An applicant with conviction data which indicates a conviction of a felony more than five but less than ten years prior to application shall not be disqualified for licensure, provided that such applicant has:

(1) Successfully completed a training program approved by the department and sponsored by the Department of Corrections pursuant to Code Section 42-5-57 ; and

(1) Successfully completed a training program approved by the department and sponsored by the Department of Corrections pursuant to Code Section 42-5-57 ; and

(2) Met all other requirements as set forth in this chapter.

(2) Met all other requirements as set forth in this chapter.

(f) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation.

(f) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation.

(g) The center, the department, or any law enforcement agency, or the employees of any such entities, shall neither be responsible for the accuracy of information provided pursuant to this Code section nor be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this Code section.

(g) The center, the department, or any law enforcement agency, or the employees of any such entities, shall neither be responsible for the accuracy of information provided pursuant to this Code section nor be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this Code section.

(h) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program, and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.

(h) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program, and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.
O.C.G.A. § 31-11-2 — GA Code / Title 31 / Chapter 11 / Section 31-11-2
Georgia Code Title 31. Health § 31-11-2
Status: in_force

As used in this chapter, the term:

(1) “ Air ambulance ” means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport.

(1) “ Air ambulance ” means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport.

(1.1) “ Air ambulance service ” means the for-hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished.

(1.1) “ Air ambulance service ” means the for-hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished.

(1.2) “ Ambulance ” means a motor vehicle that is specially constructed and equipped or an air ambulance and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.

(1.2) “ Ambulance ” means a motor vehicle that is specially constructed and equipped or an air ambulance and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.

(2) “ Ambulance attendant ” means a person responsible for the care of patients being transported in an ambulance.

(2) “ Ambulance attendant ” means a person responsible for the care of patients being transported in an ambulance.

(3) “ Ambulance provider ” means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Department of Public Health.

(3) “ Ambulance provider ” means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Department of Public Health.

(4) “ Ambulance service ” means: (A) The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished; (B) The provision of any air ambulance service; or (C) The provision of services specified in subparagraphs (A) and (B) of this paragraph.

(4) “ Ambulance service ” means:

(A) The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished;

(A) The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished;

(B) The provision of any air ambulance service; or

(B) The provision of any air ambulance service; or

(C) The provision of services specified in subparagraphs (A) and (B) of this paragraph.

(C) The provision of services specified in subparagraphs (A) and (B) of this paragraph.

(5) “ Cardiac technician ” means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Public Health for these purposes) on and after January 1, 2002.

(5) “ Cardiac technician ” means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Public Health for these purposes) on and after January 1, 2002.

(6) “ Composite board ” means the Georgia Composite Medical Board.

(6) “ Composite board ” means the Georgia Composite Medical Board.

(6.1) “ Department ” means the Department of Public Health.

(6.1) “ Department ” means the Department of Public Health.

(7) “Emergency medical services system” means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.

(7) “Emergency medical services system” means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.

(8) “Emergency Medical Systems Communications Program” (EMSC Program) means any program established pursuant to Public Law 93-154 , entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which: (A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system.

(8) “Emergency Medical Systems Communications Program” (EMSC Program) means any program established pursuant to Public Law 93-154 , entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:

(A) Utilizes emergency medical telephonic screening;

(A) Utilizes emergency medical telephonic screening;

(B) Utilizes a publicized emergency telephone number; and

(B) Utilizes a publicized emergency telephone number; and

(C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system.

(C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system.

(9) “Emergency medical technician” means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department.

(9) “Emergency medical technician” means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department.

(10) “First responder” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.

(10) “First responder” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.

(11) “Health districts” means the geographical districts designated by the department in accord with Code Section 31-3-15 .

(11) “Health districts” means the geographical districts designated by the department in accord with Code Section 31-3-15 .

(12) “Invalid car” means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.

(12) “Invalid car” means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.

(13) “License” when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.

(13) “License” when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.

(14) “License officer” means the commissioner of public health or his designee.

(14) “License officer” means the commissioner of public health or his designee.

(15) “Local coordinating entity” means the public or nonprofit private entity designated by the Board of Public Health or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15 .

(15) “Local coordinating entity” means the public or nonprofit private entity designated by the Board of Public Health or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15 .

(16) “Paramedic” means any person who has been certified by the composite board before January 1, 2002, or by the department on or after January 1, 2002, as having been trained in emergency care techniques in a paramedic training course approved by the department. (16.1) “Paramedic clinical preceptor” means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department.

(16) “Paramedic” means any person who has been certified by the composite board before January 1, 2002, or by the department on or after January 1, 2002, as having been trained in emergency care techniques in a paramedic training course approved by the department.

(16.1) “Paramedic clinical preceptor” means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department.

(16.1) “Paramedic clinical preceptor” means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department.

(17) “Patient” means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

(17) “Patient” means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

(18) “Person” means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.

(18) “Person” means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.

(19) “Provisional license” when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter.

(19) “Provisional license” when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter.
O.C.G.A. § 31-7-404 — GA Code / Title 31 / Chapter 7 / Section 31-7-404
Georgia Code Title 31. Health § 31-7-404
Status: in_force

Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code section shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General.
O.C.G.A. § 31-11-55-2 — GA Code / Title 31 / Chapter 11 / Section 31-11-55-2
Georgia Code Title 31. Health § 31-11-55.2
Status: in_force

(a) As used in this Code section, the term: (1) “ Congenital adrenal hyperplasia ” means the salt-wasting form of the classic type of congenital adrenal hyperplasia. (2) “ Emergency medical services personnel ” means any person who has been certified as an emergency medical technician, cardiac technician, or paramedic.

(a) As used in this Code section, the term:

(1) “ Congenital adrenal hyperplasia ” means the salt-wasting form of the classic type of congenital adrenal hyperplasia.

(1) “ Congenital adrenal hyperplasia ” means the salt-wasting form of the classic type of congenital adrenal hyperplasia.

(2) “ Emergency medical services personnel ” means any person who has been certified as an emergency medical technician, cardiac technician, or paramedic.

(2) “ Emergency medical services personnel ” means any person who has been certified as an emergency medical technician, cardiac technician, or paramedic.

(b) Paramedics shall be authorized to administer hydrocortisone sodium succinate intramuscularly for the purpose of providing emergency care to a patient who: (1) Has congenital adrenal hyperplasia; or any adrenal insufficiency; (2) Is believed to be in adrenal crisis; and (3) Has on his or her person or in his or her belongings hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal.

(b) Paramedics shall be authorized to administer hydrocortisone sodium succinate intramuscularly for the purpose of providing emergency care to a patient who:

(1) Has congenital adrenal hyperplasia; or any adrenal insufficiency;

(1) Has congenital adrenal hyperplasia; or any adrenal insufficiency;

(2) Is believed to be in adrenal crisis; and

(2) Is believed to be in adrenal crisis; and

(3) Has on his or her person or in his or her belongings hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal.

(3) Has on his or her person or in his or her belongings hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal.

(c) In order to ensure public health and safety: (1) All emergency medical services personnel shall obtain appropriate training on congenital adrenal hyperplasia, and all paramedics shall obtain appropriate training regarding administration of hydrocortisone sodium succinate as set forth in the rules and regulations of the Department of Public Health; and (2) Within a reasonable period of time, all paramedics who administer hydrocortisone sodium succinate shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(c) In order to ensure public health and safety:

(1) All emergency medical services personnel shall obtain appropriate training on congenital adrenal hyperplasia, and all paramedics shall obtain appropriate training regarding administration of hydrocortisone sodium succinate as set forth in the rules and regulations of the Department of Public Health; and

(1) All emergency medical services personnel shall obtain appropriate training on congenital adrenal hyperplasia, and all paramedics shall obtain appropriate training regarding administration of hydrocortisone sodium succinate as set forth in the rules and regulations of the Department of Public Health; and

(2) Within a reasonable period of time, all paramedics who administer hydrocortisone sodium succinate shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(2) Within a reasonable period of time, all paramedics who administer hydrocortisone sodium succinate shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(d) The immunity provided in Code Section 31-11-8 shall apply to any paramedic who in good faith renders emergency care pursuant to this Code section.

(d) The immunity provided in Code Section 31-11-8 shall apply to any paramedic who in good faith renders emergency care pursuant to this Code section.
O.C.G.A. § 31-1-10 — GA Code / Title 31 / Chapter 1 / Section 31-1-10
Georgia Code Title 31. Health § 31-1-10
Status: in_force

(a) The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the pleasure of the Governor. An individual appointed to serve as state health officer shall be licensed to practice medicine in this state.

(a) The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the pleasure of the Governor. An individual appointed to serve as state health officer shall be licensed to practice medicine in this state.

(b) The state health officer shall: (1) Perform such health emergency preparedness and response duties as assigned by the Governor; and (2) Be authorized to issue a standing order prescribing an opioid antagonist, as such term is defined in Code Section 26-4-116.2 , on a state-wide basis under conditions that he or she determines to be in the best interest of this state.

(b) The state health officer shall:

(1) Perform such health emergency preparedness and response duties as assigned by the Governor; and

(1) Perform such health emergency preparedness and response duties as assigned by the Governor; and

(2) Be authorized to issue a standing order prescribing an opioid antagonist, as such term is defined in Code Section 26-4-116.2 , on a state-wide basis under conditions that he or she determines to be in the best interest of this state.

(2) Be authorized to issue a standing order prescribing an opioid antagonist, as such term is defined in Code Section 26-4-116.2 , on a state-wide basis under conditions that he or she determines to be in the best interest of this state.
O.C.G.A. § 31-21-26 — GA Code / Title 31 / Chapter 21 / Section 31-21-26
Georgia Code Title 31. Health § 31-21-26
Status: in_force

Neither the state, county, municipality, nor officers thereof shall be placed at any expense by reason of delivery or distribution of bodies; but all expenses thereof shall be borne by those receiving the body or bodies as prescribed by the board for distribution.
O.C.G.A. § 31-7-178 — GA Code / Title 31 / Chapter 7 / Section 31-7-178
Georgia Code Title 31. Health § 31-7-178
Status: in_force

The department shall periodically inspect each hospice for which a license has been issued to ensure that the licensee is providing quality care to its patients; provided, however, that a hospice shall be exempt from additional on-site licensure inspection if certified in accordance with federal regulations governing hospices.
O.C.G.A. § 31-41-15 — GA Code / Title 31 / Chapter 41 / Section 31-41-15
Georgia Code Title 31. Health § 31-41-15
Status: in_force

Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: (1) for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section 31-41-12 , provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section 31-41-16 annually during such occupancy; or (2) if the owner is able to show that the unit was lead safe housing containing no lead-based paint hazards during the period when the injuries were sustained. Nothing contained in this article shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished.
O.C.G.A. § 31-7-360 — GA Code / Title 31 / Chapter 7 / Section 31-7-360
Georgia Code Title 31. Health § 31-7-360
Status: in_force

The department shall promulgate written rules and regulations related to the requirements and implementation of this article.
O.C.G.A. § 31-8-61 — GA Code / Title 31 / Chapter 8 / Section 31-8-61
Georgia Code Title 31. Health § 31-8-61
Status: in_force

Notwithstanding any other provision of law, no person providing information, including, but not limited to, patient records, to the state ombudsman or a community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
O.C.G.A. § 31-7-301 — GA Code / Title 31 / Chapter 7 / Section 31-7-301
Georgia Code Title 31. Health § 31-7-301
Status: in_force

Except as otherwise provided in this article, on and after July 1, 1996, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable.
O.C.G.A. § 31-7-13 — GA Code / Title 31 / Chapter 7 / Section 31-7-13
Georgia Code Title 31. Health § 31-7-13
Status: in_force

(a) Whenever any person dies in a hospital licensed pursuant to this chapter, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons: (1) To the person designated by the patient in writing upon admission to the hospital or nursing home, if any; (2) To the surviving spouse of the patient, if any; (3) If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child; (4) If no surviving spouse or surviving children, to either parent of the patient; (5) If none of the above, then to any brother or sister of the patient; or (6) If none of the above, to the person assuming responsibility for burial of the patient.

(a) Whenever any person dies in a hospital licensed pursuant to this chapter, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons:

(1) To the person designated by the patient in writing upon admission to the hospital or nursing home, if any;

(1) To the person designated by the patient in writing upon admission to the hospital or nursing home, if any;

(2) To the surviving spouse of the patient, if any;

(2) To the surviving spouse of the patient, if any;

(3) If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child;

(3) If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child;

(4) If no surviving spouse or surviving children, to either parent of the patient;

(4) If no surviving spouse or surviving children, to either parent of the patient;

(5) If none of the above, then to any brother or sister of the patient; or

(5) If none of the above, then to any brother or sister of the patient; or

(6) If none of the above, to the person assuming responsibility for burial of the patient.

(6) If none of the above, to the person assuming responsibility for burial of the patient.

(b) The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person as relates to the property transferred. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no administration of such estate is necessary.

(b) The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person as relates to the property transferred. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no administration of such estate is necessary.

(c) The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred.

(c) The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred.

(d) The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be impaired by this Code section, and any person to whom property is transferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.

(d) The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be impaired by this Code section, and any person to whom property is transferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.
O.C.G.A. § 31-13-23 — GA Code / Title 31 / Chapter 13 / Section 31-13-23
Georgia Code Title 31. Health § 31-13-23
Status: in_force

The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Community Health as he deems appropriate by executive order.
O.C.G.A. § 31-50-3 — GA Code / Title 31 / Chapter 50 / Section 31-50-3
Georgia Code Title 31. Health § 31-50-3
Status: in_force

(a) The purpose of the advisory council shall be to advise the General Assembly and other state agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Georgia.

(a) The purpose of the advisory council shall be to advise the General Assembly and other state agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Georgia.

(b) The advisory council shall conduct the following activities to benefit rare disease patients in Georgia: (1) Convene public hearings, make inquiries, and solicit comments from the general public in Georgia to assist the advisory council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state; (2) Consult with health care experts to develop policy recommendations to improve patient access to quality rare disease specialists, affordable and comprehensive health care coverage, better access to clinical trials, expansion of telehealth services, relevant diagnostics, timely treatment and to make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care for patients; (3) Advise the Department of Community Health with respect to state health plans, including Medicaid, PeachCare for Kids, and the state health benefit plan, in their review of products or medications for the treatment of rare and orphan diseases and drugs or biological products within the emerging fields of personalized medicine and gene-editing therapeutics. The Department of Community Health shall seek input of the advisory council regarding rare diseases and personalized medicine to address topics including, but not limited to, the impact of coverage, cost-sharing, tiering, and utilization management on access to rare disease therapies; (4) Make recommendations to the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of Code Section 31-12-6 as it relates to rare diseases; (5) Publish on the advisory council's website a list of existing, publicly accessible resources on research, diagnosis, treatment, and educational materials for health care providers relating to the rare diseases in Georgia; and (6) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare diseases in Georgia.

(b) The advisory council shall conduct the following activities to benefit rare disease patients in Georgia:

(1) Convene public hearings, make inquiries, and solicit comments from the general public in Georgia to assist the advisory council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state;

(1) Convene public hearings, make inquiries, and solicit comments from the general public in Georgia to assist the advisory council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state;

(2) Consult with health care experts to develop policy recommendations to improve patient access to quality rare disease specialists, affordable and comprehensive health care coverage, better access to clinical trials, expansion of telehealth services, relevant diagnostics, timely treatment and to make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care for patients;

(2) Consult with health care experts to develop policy recommendations to improve patient access to quality rare disease specialists, affordable and comprehensive health care coverage, better access to clinical trials, expansion of telehealth services, relevant diagnostics, timely treatment and to make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care for patients;

(3) Advise the Department of Community Health with respect to state health plans, including Medicaid, PeachCare for Kids, and the state health benefit plan, in their review of products or medications for the treatment of rare and orphan diseases and drugs or biological products within the emerging fields of personalized medicine and gene-editing therapeutics. The Department of Community Health shall seek input of the advisory council regarding rare diseases and personalized medicine to address topics including, but not limited to, the impact of coverage, cost-sharing, tiering, and utilization management on access to rare disease therapies;

(3) Advise the Department of Community Health with respect to state health plans, including Medicaid, PeachCare for Kids, and the state health benefit plan, in their review of products or medications for the treatment of rare and orphan diseases and drugs or biological products within the emerging fields of personalized medicine and gene-editing therapeutics. The Department of Community Health shall seek input of the advisory council regarding rare diseases and personalized medicine to address topics including, but not limited to, the impact of coverage, cost-sharing, tiering, and utilization management on access to rare disease therapies;

(4) Make recommendations to the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of Code Section 31-12-6 as it relates to rare diseases;

(4) Make recommendations to the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of Code Section 31-12-6 as it relates to rare diseases;

(5) Publish on the advisory council's website a list of existing, publicly accessible resources on research, diagnosis, treatment, and educational materials for health care providers relating to the rare diseases in Georgia; and

(5) Publish on the advisory council's website a list of existing, publicly accessible resources on research, diagnosis, treatment, and educational materials for health care providers relating to the rare diseases in Georgia; and

(6) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare diseases in Georgia.

(6) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare diseases in Georgia.

(c) The advisory council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use by the council in conducting the activities required pursuant to subsection (b) of this Code section.

(c) The advisory council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use by the council in conducting the activities required pursuant to subsection (b) of this Code section.
O.C.G.A. § 31-11-59 — GA Code / Title 31 / Chapter 11 / Section 31-11-59
Georgia Code Title 31. Health § 31-11-59
Status: in_force

Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53 , 31-11-54 , and 31-11-55 , respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and paramedics in any area in which they are already authorized to render such services.
O.C.G.A. § 31-6-42-1 — GA Code / Title 31 / Chapter 6 / Section 31-6-42-1
Georgia Code Title 31. Health § 31-6-42.1
Status: in_force

No applicant for a new certificate of need, a modification to an existing certificate of need, or a conversion of a certificate of need that has any outstanding amounts owed to the state including fines, penalties, fees, or other payments for noncompliance with any requirements contained in Code Section 31-6-40.1 , 31-6-45.2 , 31-6-70 , 31-7-280 , or 31-8-179.2 shall be eligible to receive a new certificate of need or a modification to an existing certificate of need unless such applicant pays such outstanding amounts to the state. Any such fines, penalties, fees, or other payments for noncompliance shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45 .
O.C.G.A. § 31-18-4 — GA Code / Title 31 / Chapter 18 / Section 31-18-4
Georgia Code Title 31. Health § 31-18-4
Status: in_force

(a) The Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the Department of Public Health, shall establish procedures whereby a person with a traumatic brain or spinal cord injury for whom a report is made pursuant to this chapter shall be informed of appropriate agencies, departments, hospitals, facilities, organizations, or individuals providing rehabilitative, independent living, and other services or goods.

(a) The Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the Department of Public Health, shall establish procedures whereby a person with a traumatic brain or spinal cord injury for whom a report is made pursuant to this chapter shall be informed of appropriate agencies, departments, hospitals, facilities, organizations, or individuals providing rehabilitative, independent living, and other services or goods.

(b) The Brain and Spinal Injury Trust Fund Commission shall maintain records of reports and notifications made under this chapter. The Brain and Spinal Injury Trust Fund Commission shall produce an annual report relating to information and data collected pursuant to this chapter and shall make such report available upon request. Such report shall be submitted annually no later than October 1 to the Office of Health Strategy and Coordination.

(b) The Brain and Spinal Injury Trust Fund Commission shall maintain records of reports and notifications made under this chapter. The Brain and Spinal Injury Trust Fund Commission shall produce an annual report relating to information and data collected pursuant to this chapter and shall make such report available upon request. Such report shall be submitted annually no later than October 1 to the Office of Health Strategy and Coordination.

(c) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with traumatic brain or spinal cord injuries, but no names or addresses will be provided without the consent of the person with the traumatic brain or spinal cord injury or the consent of the immediate family or guardian of such person if that person is unable to consent.

(c) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with traumatic brain or spinal cord injuries, but no names or addresses will be provided without the consent of the person with the traumatic brain or spinal cord injury or the consent of the immediate family or guardian of such person if that person is unable to consent.
O.C.G.A. § 31-8-10 — GA Code / Title 31 / Chapter 8 / Section 31-8-10
Georgia Code Title 31. Health § 31-8-10
Status: in_force

The department shall adopt and promulgate such rules and regulations as it deems necessary to carry out this article.
O.C.G.A. § 31-14-9 — GA Code / Title 31 / Chapter 14 / Section 31-14-9
Georgia Code Title 31. Health § 31-14-9
Status: in_force

(a) At any time after commitment and not more often than once every six months, the patient or any friend or relative having reason to believe that the patient no longer has active tuberculosis or that the patient's discharge will not endanger the public health may institute proceedings by petition in the superior court of the county wherein the confinement exists, whereupon the judge shall set the matter for a hearing to occur within 15 days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be discharged. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of the patient's own choice and at the patient's own personal expense. Thereafter all proceedings shall be conducted in the same manner as are proceedings for commitment.

(a) At any time after commitment and not more often than once every six months, the patient or any friend or relative having reason to believe that the patient no longer has active tuberculosis or that the patient's discharge will not endanger the public health may institute proceedings by petition in the superior court of the county wherein the confinement exists, whereupon the judge shall set the matter for a hearing to occur within 15 days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be discharged. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of the patient's own choice and at the patient's own personal expense. Thereafter all proceedings shall be conducted in the same manner as are proceedings for commitment.

(b) In addition to the above procedure for securing discharge, the patient or a friend or relative on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request a court of competent jurisdiction to issue a writ for release, provided that a copy of the petition along with the proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and upon the county board of health or the Department of Public Health which initiated the petition for commitment pursuant to Code Section 31-14-2 , which service shall be made by certified mail or statutory overnight delivery.

(b) In addition to the above procedure for securing discharge, the patient or a friend or relative on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request a court of competent jurisdiction to issue a writ for release, provided that a copy of the petition along with the proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and upon the county board of health or the Department of Public Health which initiated the petition for commitment pursuant to Code Section 31-14-2 , which service shall be made by certified mail or statutory overnight delivery.
O.C.G.A. § 31-40-8 — GA Code / Title 31 / Chapter 40 / Section 31-40-8
Georgia Code Title 31. Health § 31-40-8
Status: in_force

Each body art studio shall conspicuously display in a prominent place easily seen by patrons a printed sign that warns that any body art on the face, neck, forearm, hand, or lower leg of an individual may automatically disqualify such individual from military service in the armed forces of the United States. Such notice shall be at least 11 inches by 14 inches in size, with letters at least one inch in height.
O.C.G.A. § 31-30-1 — GA Code / Title 31 / Chapter 30 / Section 31-30-1
Georgia Code Title 31. Health § 31-30-1
Status: in_force

<Section effective upon the appropriations of funds. See, § 31-30-9 .>

As used in this chapter, the term:

(1) “Agent Orange” means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.

(1) “Agent Orange” means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.

(2) “Veteran” means a person who was a resident of this state at the time of his induction into the armed forces of the United States of America or was a resident of this state on or after November 1, 1982, and who served in Vietnam, Cambodia, or Laos during the Vietnam Conflict.

(2) “Veteran” means a person who was a resident of this state at the time of his induction into the armed forces of the United States of America or was a resident of this state on or after November 1, 1982, and who served in Vietnam, Cambodia, or Laos during the Vietnam Conflict.
O.C.G.A. § 31-30-7 — GA Code / Title 31 / Chapter 30 / Section 31-30-7
Georgia Code Title 31. Health § 31-30-7
Status: in_force

<Section effective upon the appropriations of funds. See, § 31-30-9 .>

(a) The department and the health science centers and other medical facilities of the University System of Georgia shall institute a cooperative program to: (1) Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veterans' exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange; and (2) Provide veterans with fat tissue biopsies, genetic counseling, and genetic screening to determine if the veteran has suffered physical damage as a result of substantial exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange.

(a) The department and the health science centers and other medical facilities of the University System of Georgia shall institute a cooperative program to:

(1) Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veterans' exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange; and

(1) Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veterans' exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange; and

(2) Provide veterans with fat tissue biopsies, genetic counseling, and genetic screening to determine if the veteran has suffered physical damage as a result of substantial exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange.

(2) Provide veterans with fat tissue biopsies, genetic counseling, and genetic screening to determine if the veteran has suffered physical damage as a result of substantial exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange.

(b) The commissioner shall adopt rules necessary to the administration of the programs authorized by this Code section.

(b) The commissioner shall adopt rules necessary to the administration of the programs authorized by this Code section.
O.C.G.A. § 31-7-89 — GA Code / Title 31 / Chapter 7 / Section 31-7-89
Georgia Code Title 31. Health § 31-7-89
Status: in_force

By joint action of the board of trustees of an authority and the governing bodies of participating units, authorities created under and pursuant to the terms of this article may be dissolved, provided that no such dissolution shall in any way impair the rights of third persons or the contracts of the authority with such third persons. Disposition to be made of the property of the authority upon dissolution shall be covered in any resolution adopted by the participating units and the board of trustees of the authority. At no time, however, shall any authority upon dissolution convey any of its property, except as may be otherwise authorized by law, to any private person, association, or corporation.
O.C.G.A. § 31-7-57 — GA Code / Title 31 / Chapter 7 / Section 31-7-57
Georgia Code Title 31. Health § 31-7-57
Status: in_force

(a) For each construction project, there shall be submitted to the state agency an application for state funds.

(a) For each construction project, there shall be submitted to the state agency an application for state funds.

(b) Upon approving an application under this Code section, the state agency shall submit a budget request to the Office of Planning and Budget, based upon such application. Approval by the Office of Planning and Budget shall constitute an obligation of the state.

(b) Upon approving an application under this Code section, the state agency shall submit a budget request to the Office of Planning and Budget, based upon such application. Approval by the Office of Planning and Budget shall constitute an obligation of the state.

(c) Payments to the sponsor of a construction project shall be made in installments as construction progresses at intervals to be determined at the discretion of the state agency; and the state agency shall have the right to inspect and audit records and accounts of the sponsor as a condition precedent to making payments.

(c) Payments to the sponsor of a construction project shall be made in installments as construction progresses at intervals to be determined at the discretion of the state agency; and the state agency shall have the right to inspect and audit records and accounts of the sponsor as a condition precedent to making payments.

(d) If any publicly owned and publicly operated medical facility, auxiliary medical facility, or mental health center for which funds have been paid under this Code section shall be leased to any corporation, person, organization, or body other than one eligible to receive a grant under this article or shall be sold or used for any purpose contrary to the provision under which the grant was made, at any time within 20 years after completion of construction, and such change in lease, sale, or use is not approved by the state agency, such agency may bring an equitable proceeding for writ of injunction against any person, firm, corporation, or organization operating in violation of this article. The proceedings shall be filed in the county in which such persons reside or, in the case of a firm or corporation, where such firm or corporation maintains its principal office; and, unless it is shown that such person, firm, or corporation which has leased such medical facility, auxiliary medical facility, or mental health center would have been eligible to accept the grant-in-aid from the state in the first instance and the lease has been approved by the state agency or the sale or use has been approved by such agency, the writ of injunction shall issue and such person, firm, or corporation shall be perpetually enjoined throughout the state from operating in violation of the provisions of this subsection. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the state agency show that such person, firm, or corporation is ineligible nor to prove that there is no adequate remedy at law. In addition, the state agency shall be entitled to bring an action and recover from the transferor and transferee of any facility specified in this subsection such percentage of the value of the facility as the state grant bore toward the total construction cost of that facility as determined by agreement of the parties or by action brought in court.

(d) If any publicly owned and publicly operated medical facility, auxiliary medical facility, or mental health center for which funds have been paid under this Code section shall be leased to any corporation, person, organization, or body other than one eligible to receive a grant under this article or shall be sold or used for any purpose contrary to the provision under which the grant was made, at any time within 20 years after completion of construction, and such change in lease, sale, or use is not approved by the state agency, such agency may bring an equitable proceeding for writ of injunction against any person, firm, corporation, or organization operating in violation of this article. The proceedings shall be filed in the county in which such persons reside or, in the case of a firm or corporation, where such firm or corporation maintains its principal office; and, unless it is shown that such person, firm, or corporation which has leased such medical facility, auxiliary medical facility, or mental health center would have been eligible to accept the grant-in-aid from the state in the first instance and the lease has been approved by the state agency or the sale or use has been approved by such agency, the writ of injunction shall issue and such person, firm, or corporation shall be perpetually enjoined throughout the state from operating in violation of the provisions of this subsection. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the state agency show that such person, firm, or corporation is ineligible nor to prove that there is no adequate remedy at law. In addition, the state agency shall be entitled to bring an action and recover from the transferor and transferee of any facility specified in this subsection such percentage of the value of the facility as the state grant bore toward the total construction cost of that facility as determined by agreement of the parties or by action brought in court.
O.C.G.A. § 31-7-54 — GA Code / Title 31 / Chapter 7 / Section 31-7-54
Georgia Code Title 31. Health § 31-7-54
Status: in_force

In order to assist the several counties, municipalities, or any combination thereof or any hospital authorities created under the “Hospital Authorities Law,” Article 4 of this chapter, such funds as are appropriated for each fiscal year for the construction of publicly owned and publicly operated medical facilities, auxiliary medical facilities, and mental health centers shall be expended in accordance with the provisions of this article.
O.C.G.A. § 31-11-5 — GA Code / Title 31 / Chapter 11 / Section 31-11-5
Georgia Code Title 31. Health § 31-11-5
Status: in_force

(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health: (1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances; (2) Prescribing reasonable conditions under which ambulance attendants are required; (3) Establishing criteria for the training of ambulance attendants; and (4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs.

(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:

(1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances;

(1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances;

(2) Prescribing reasonable conditions under which ambulance attendants are required;

(2) Prescribing reasonable conditions under which ambulance attendants are required;

(3) Establishing criteria for the training of ambulance attendants; and

(3) Establishing criteria for the training of ambulance attendants; and

(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs.

(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs.

(b) Nothing in this Code section shall authorize the department to adopt and promulgate rules or regulations which shall prevent the continued use of dual purpose funeral coaches or hearses currently being used as ambulances if the vehicles otherwise conform in all respects to the requirements of Code Section 31-11-34 , except for their size and shape.

(b) Nothing in this Code section shall authorize the department to adopt and promulgate rules or regulations which shall prevent the continued use of dual purpose funeral coaches or hearses currently being used as ambulances if the vehicles otherwise conform in all respects to the requirements of Code Section 31-11-34 , except for their size and shape.
O.C.G.A. § 31-36a-1 — GA Code / Title 31 / Chapter 36A / Section 31-36a-1
Georgia Code Title 31. Health § 31-36A-1
Status: in_force

This chapter shall be known and may be cited as the “Temporary Health Care Placement Decision Maker for an Adult Act.”
O.C.G.A. § 31-8-126 — GA Code / Title 31 / Chapter 8 / Section 31-8-126
Georgia Code Title 31. Health § 31-8-126
Status: in_force

(a) Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under this article.

(a) Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under this article.

(b) In addition to other penalties or remedies that may be imposed by this article or other law, the department is authorized to impose civil penalties as follows: (1) If a violation has occurred, the department shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected; and (2) In cases of violations repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to: (A) The amount of assessment necessary to ensure immediate and continued compliance; (B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home; (C) The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and (D) Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.

(b) In addition to other penalties or remedies that may be imposed by this article or other law, the department is authorized to impose civil penalties as follows:

(1) If a violation has occurred, the department shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected; and

(1) If a violation has occurred, the department shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected; and

(2) In cases of violations repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to: (A) The amount of assessment necessary to ensure immediate and continued compliance; (B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home; (C) The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and (D) Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.

(2) In cases of violations repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to:

(A) The amount of assessment necessary to ensure immediate and continued compliance;

(A) The amount of assessment necessary to ensure immediate and continued compliance;

(B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home;

(B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home;

(C) The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and

(C) The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and

(D) Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.

(D) Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.

(c) Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title.

(c) Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title.

(d) Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title.

(d) Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title.

(e) All civil penalties recovered by the department under this Code section shall be paid into the state treasury.

(e) All civil penalties recovered by the department under this Code section shall be paid into the state treasury.

(f) Nothing in this Code section shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.

(f) Nothing in this Code section shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.

(g) Code Section 31-5-8 shall apply fully to any willful violation of this chapter.

(g) Code Section 31-5-8 shall apply fully to any willful violation of this chapter.
O.C.G.A. § 31-7-52 — GA Code / Title 31 / Chapter 7 / Section 31-7-52
Georgia Code Title 31. Health § 31-7-52
Status: in_force

(a) Grants for construction projects or modernization projects made from state appropriations pursuant to this article shall be in an amount equal to one-third of the allowable cost of the project, except as otherwise provided in this article.

(a) Grants for construction projects or modernization projects made from state appropriations pursuant to this article shall be in an amount equal to one-third of the allowable cost of the project, except as otherwise provided in this article.

(b) In the event that state funds appropriated or otherwise made available during a given fiscal year for construction or modernization are not sufficient to match available federal funds, the state agency shall be empowered to: (1) Reduce the percentage of contribution by the state below one-third of the allowable cost of the project in order to obtain the optimum amount of construction with funds available; and (2) At its option, annually establish a ceiling which shall be the maximum amount that can be allotted to each or any medical facility project approved in the given fiscal year, provided that any ceiling so established shall not result in the allotment to a medical facility project of an amount greater than the one-third of allowable cost specified in subsection (a) of this Code section.

(b) In the event that state funds appropriated or otherwise made available during a given fiscal year for construction or modernization are not sufficient to match available federal funds, the state agency shall be empowered to:

(1) Reduce the percentage of contribution by the state below one-third of the allowable cost of the project in order to obtain the optimum amount of construction with funds available; and

(1) Reduce the percentage of contribution by the state below one-third of the allowable cost of the project in order to obtain the optimum amount of construction with funds available; and

(2) At its option, annually establish a ceiling which shall be the maximum amount that can be allotted to each or any medical facility project approved in the given fiscal year, provided that any ceiling so established shall not result in the allotment to a medical facility project of an amount greater than the one-third of allowable cost specified in subsection (a) of this Code section.

(2) At its option, annually establish a ceiling which shall be the maximum amount that can be allotted to each or any medical facility project approved in the given fiscal year, provided that any ceiling so established shall not result in the allotment to a medical facility project of an amount greater than the one-third of allowable cost specified in subsection (a) of this Code section.

(c) The aggregate of federal and state funds granted to publicly owned and publicly operated construction or modernization projects shall be 66 2/3 percent unless state funds are inadequate to obtain optimum construction, in which event the state agency is authorized to establish an aggregate less than 66 2/3 percent.

(c) The aggregate of federal and state funds granted to publicly owned and publicly operated construction or modernization projects shall be 66 2/3 percent unless state funds are inadequate to obtain optimum construction, in which event the state agency is authorized to establish an aggregate less than 66 2/3 percent.

(d) In the event an aggregate of federal and state funds is established at less than 66 2/3 percent, the state agency is authorized to establish a matching formula for any category of construction which is different from any other matching formula for any other category of construction; the state agency is further authorized to establish a matching formula for any category of modernization which is different from the matching formula for construction projects.

(d) In the event an aggregate of federal and state funds is established at less than 66 2/3 percent, the state agency is authorized to establish a matching formula for any category of construction which is different from any other matching formula for any other category of construction; the state agency is further authorized to establish a matching formula for any category of modernization which is different from the matching formula for construction projects.
O.C.G.A. § 31-40-3 — GA Code / Title 31 / Chapter 40 / Section 31-40-3
Georgia Code Title 31. Health § 31-40-3
Status: in_force

(a) The county boards of health may deny, suspend, or revoke a body art studio permit for a violation of this chapter or the rules and regulations promulgated thereunder. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied.

(a) The county boards of health may deny, suspend, or revoke a body art studio permit for a violation of this chapter or the rules and regulations promulgated thereunder. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied.

(b) The department may deny, suspend, or revoke a body artist permit for a violation of this chapter or the rules and regulations promulgated thereunder, after notice to the permit holder and opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(b) The department may deny, suspend, or revoke a body artist permit for a violation of this chapter or the rules and regulations promulgated thereunder, after notice to the permit holder and opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 31-8-108 — GA Code / Title 31 / Chapter 8 / Section 31-8-108
Georgia Code Title 31. Health § 31-8-108
Status: in_force

(a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows: (1) With reasonable care and skill; (2) In compliance with applicable laws and regulations; (3) Without discrimination in the quality of a service based on the source of payment for the service; (4) With respect for the resident's personal dignity and privacy; and (5) With the goal of the resident's return home or to another environment less restrictive than the facility.

(a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows:

(1) With reasonable care and skill;

(1) With reasonable care and skill;

(2) In compliance with applicable laws and regulations;

(2) In compliance with applicable laws and regulations;

(3) Without discrimination in the quality of a service based on the source of payment for the service;

(3) Without discrimination in the quality of a service based on the source of payment for the service;

(4) With respect for the resident's personal dignity and privacy; and

(4) With respect for the resident's personal dignity and privacy; and

(5) With the goal of the resident's return home or to another environment less restrictive than the facility.

(5) With the goal of the resident's return home or to another environment less restrictive than the facility.

(b) In the provision of care, treatment, and services to the resident by the facility, each resident or guardian shall be entitled to the following: (1) To choose the resident's physician. The physician so chosen shall inform the resident in advance whether or not the physician's fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation; (2) To participate in the overall planning of the resident's care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made; (3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of the probable consequences of such refusal, the refusal shall be noted in the resident's medical records, and the resident's attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the county department of family and children services. If such refusal would be harmful to the health or safety of others, as documented in the resident's medical records by the resident's physician, this subsection shall not apply. Any facility or employee of such facility which complies with this paragraph shall not be liable for any damages resulting from such refusal; (4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident's physician; (5) To have any significant change in the resident's health status reported to persons of his choice by the facility within a reasonable time; and (6) To obtain from the resident's physician or the physician attached to the facility a complete and current explanation concerning the resident's medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost.

(b) In the provision of care, treatment, and services to the resident by the facility, each resident or guardian shall be entitled to the following:

(1) To choose the resident's physician. The physician so chosen shall inform the resident in advance whether or not the physician's fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation;

(1) To choose the resident's physician. The physician so chosen shall inform the resident in advance whether or not the physician's fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation;

(2) To participate in the overall planning of the resident's care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made;

(2) To participate in the overall planning of the resident's care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made;

(3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of the probable consequences of such refusal, the refusal shall be noted in the resident's medical records, and the resident's attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the county department of family and children services. If such refusal would be harmful to the health or safety of others, as documented in the resident's medical records by the resident's physician, this subsection shall not apply. Any facility or employee of such facility which complies with this paragraph shall not be liable for any damages resulting from such refusal;

(3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of the probable consequences of such refusal, the refusal shall be noted in the resident's medical records, and the resident's attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the county department of family and children services. If such refusal would be harmful to the health or safety of others, as documented in the resident's medical records by the resident's physician, this subsection shall not apply. Any facility or employee of such facility which complies with this paragraph shall not be liable for any damages resulting from such refusal;

(4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident's physician;

(4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident's physician;

(5) To have any significant change in the resident's health status reported to persons of his choice by the facility within a reasonable time; and

(5) To have any significant change in the resident's health status reported to persons of his choice by the facility within a reasonable time; and

(6) To obtain from the resident's physician or the physician attached to the facility a complete and current explanation concerning the resident's medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost.

(6) To obtain from the resident's physician or the physician attached to the facility a complete and current explanation concerning the resident's medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost.

(c) Each resident shall be free from experimental research or treatment unless the informed, written consent of the resident or guardian is first obtained.

(c) Each resident shall be free from experimental research or treatment unless the informed, written consent of the resident or guardian is first obtained.
O.C.G.A. § 31-24-4 — GA Code / Title 31 / Chapter 24 / Section 31-24-4
Georgia Code Title 31. Health § 31-24-4
Status: in_force

(a) Every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label in a form specified by the Department of Public Health which shall include an indication of whether the blood was obtained by purchase or donation.

(a) Every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label in a form specified by the Department of Public Health which shall include an indication of whether the blood was obtained by purchase or donation.

(b) The director of any blood bank who obtains blood in this state from a federally licensed blood bank in another state may label such blood as donated blood if he can legally certify to that fact. If he cannot make such certification, he shall label the blood as blood acquired by purchase.

(b) The director of any blood bank who obtains blood in this state from a federally licensed blood bank in another state may label such blood as donated blood if he can legally certify to that fact. If he cannot make such certification, he shall label the blood as blood acquired by purchase.
O.C.G.A. § 31-41-1 — GA Code / Title 31 / Chapter 41 / Section 31-41-1
Georgia Code Title 31. Health § 31-41-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Lead Poisoning Prevention Act of 1994.”
O.C.G.A. § 31-2a-55 — GA Code / Title 31 / Chapter 2A / Section 31-2a-55
Georgia Code Title 31. Health § 31-2A-55
Status: in_force

This article, and any criteria developed by the department pursuant to this article, shall not be construed to be a medical practice guideline or to establish a standard of care for treatment and shall not be used to restrict or expand the authority of a hospital or other health care facility to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.
O.C.G.A. § 31-8-153-3 — GA Code / Title 31 / Chapter 8 / Section 31-8-153-3
Georgia Code Title 31. Health § 31-8-153.3
Status: in_force

Contributions and revenues deposited and transferred to the trust fund shall not lapse to the general fund at the end of the fiscal year.
O.C.G.A. § 31-26-7 — GA Code / Title 31 / Chapter 26 / Section 31-26-7
Georgia Code Title 31. Health § 31-26-7
Status: in_force

Any violation of this chapter or any rules and regulations adopted and promulgated under this chapter is declared to be a public nuisance subject to abatement as provided in Code Section 31-5-9 .
O.C.G.A. § 31-39-8 — GA Code / Title 31 / Chapter 39 / Section 31-39-8
Georgia Code Title 31. Health § 31-39-8
Status: in_force

(a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary.

(a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary.

(b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services.

(b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services.
O.C.G.A. § 31-6-44-1 — GA Code / Title 31 / Chapter 6 / Section 31-6-44-1
Georgia Code Title 31. Health § 31-6-44.1
Status: in_force

(a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except as otherwise modified by this Code section; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the commissioner or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the “any evidence” standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except as otherwise modified by this Code section; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the commissioner or the administrative findings, inferences, and conclusions contained in the final decision are:

(1) In violation of constitutional or statutory provisions;

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the department;

(2) In excess of the statutory authority of the department;

(3) Made upon unlawful procedures;

(3) Made upon unlawful procedures;

(4) Affected by other error of law;

(4) Affected by other error of law;

(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the “any evidence” standard contained in other statutory provisions; or

(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the “any evidence” standard contained in other statutory provisions; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(b) In the event a party seeks judicial review, the proceedings for such review shall be governed by Chapter 3 of Title 5 except as provided otherwise in this Code section. If a party seeks judicial review, the department shall, within 30 days after being served with a copy of the petition for review filed in the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, that, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days of the date of the hearing.

(b) In the event a party seeks judicial review, the proceedings for such review shall be governed by Chapter 3 of Title 5 except as provided otherwise in this Code section. If a party seeks judicial review, the department shall, within 30 days after being served with a copy of the petition for review filed in the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, that, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days of the date of the hearing.

(c) A party responding to an appeal to the superior court shall be entitled to reasonable attorney's fees and costs if such party is the prevailing party of such appeal as decided by final order; provided, however, the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees accrued on behalf of a party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been raised in the administrative proceeding.

(c) A party responding to an appeal to the superior court shall be entitled to reasonable attorney's fees and costs if such party is the prevailing party of such appeal as decided by final order; provided, however, the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees accrued on behalf of a party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been raised in the administrative proceeding.
O.C.G.A. § 31-7-2-1 — GA Code / Title 31 / Chapter 7 / Section 31-7-2-1
Georgia Code Title 31. Health § 31-7-2.1
Status: in_force

(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection.

(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection.

(b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request.

(b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request.

(c) Except as provided in Code Sections 31-8-86 and 31-5-5 , all worksheets or documents prepared or compiled by department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-8 ; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Article 4 of Chapter 18 of Title 50.

(c) Except as provided in Code Sections 31-8-86 and 31-5-5 , all worksheets or documents prepared or compiled by department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-8 ; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Article 4 of Chapter 18 of Title 50.
O.C.G.A. § 31-11-117 — GA Code / Title 31 / Chapter 11 / Section 31-11-117
Georgia Code Title 31. Health § 31-11-117
Status: in_force

This article shall not be construed to be a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.
O.C.G.A. § 31-5-10 — GA Code / Title 31 / Chapter 5 / Section 31-5-10
Georgia Code Title 31. Health § 31-5-10
Status: in_force

(a) The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

(a) The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21 . If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.

(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21 . If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.

(c) If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section 9-11-4 ; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section 9-11-4 .

(c) If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section 9-11-4 ; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section 9-11-4 .

(d) In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes.

(d) In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes.
O.C.G.A. § 31-2a-51 — GA Code / Title 31 / Chapter 2A / Section 31-2a-51
Georgia Code Title 31. Health § 31-2A-51
Status: in_force

As used in this article, the term:

(1) “ Designated facility ” means a perinatal facility that has been inspected and approved by the department pursuant to this article as meeting its established criteria for a particular maternal or neonatal level of care.

(1) “ Designated facility ” means a perinatal facility that has been inspected and approved by the department pursuant to this article as meeting its established criteria for a particular maternal or neonatal level of care.

(2) “ Perinatal facility ” means a hospital, clinic, or birthing center that provides maternal or neonatal health care services.

(2) “ Perinatal facility ” means a hospital, clinic, or birthing center that provides maternal or neonatal health care services.
O.C.G.A. § 31-45a-4 — GA Code / Title 31 / Chapter 45A / Section 31-45a-4
Georgia Code Title 31. Health § 31-45A-4
Status: in_force

(a) No later than January 1, 2024, the department shall publish the model aquatic safety plan developed pursuant to Code Section 31-45A-3 in a prominent location on its website. The department may publish such plan on any other websites identified by the department as appropriate, provided that any such publication shall be at no cost to the department.

(a) No later than January 1, 2024, the department shall publish the model aquatic safety plan developed pursuant to Code Section 31-45A-3 in a prominent location on its website. The department may publish such plan on any other websites identified by the department as appropriate, provided that any such publication shall be at no cost to the department.

(b) The department shall be authorized to enter into agreements with local aquatic safety advocacy organizations to create instructional materials and content relating to the model aquatic safety plan for distribution to private swim instructors and for the promotion of the model aquatic safety plan.

(b) The department shall be authorized to enter into agreements with local aquatic safety advocacy organizations to create instructional materials and content relating to the model aquatic safety plan for distribution to private swim instructors and for the promotion of the model aquatic safety plan.
O.C.G.A. § 31-8-151 — GA Code / Title 31 / Chapter 8 / Section 31-8-151
Georgia Code Title 31. Health § 31-8-151
Status: in_force

As used in this article, the term:

(1) “Department” means the Department of Community Health created by Chapter 2 of this title.

(1) “Department” means the Department of Community Health created by Chapter 2 of this title.

(2) “Medically indigent” means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article.

(2) “Medically indigent” means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article.

(3) “Trust fund” means the Indigent Care Trust Fund created by Code Section 31-8-152 .

(3) “Trust fund” means the Indigent Care Trust Fund created by Code Section 31-8-152 .
O.C.G.A. § 31-27-11 — GA Code / Title 31 / Chapter 27 / Section 31-27-11
Georgia Code Title 31. Health § 31-27-11
Status: in_force

(a) Any person who is found by any agency or department after a hearing to have violated any provision of this chapter or duly promulgated supplementary rules and regulations or failed, neglected, or refused to comply with any final or emergency order of any agency or department acting under authority of this chapter shall be liable to a civil penalty of not less than $1,000.00 nor more than $10,000.00 for such violation. Each day of violation shall be considered a separate offense.

(a) Any person who is found by any agency or department after a hearing to have violated any provision of this chapter or duly promulgated supplementary rules and regulations or failed, neglected, or refused to comply with any final or emergency order of any agency or department acting under authority of this chapter shall be liable to a civil penalty of not less than $1,000.00 nor more than $10,000.00 for such violation. Each day of violation shall be considered a separate offense.

(b) Any person penalized under this Code section shall be entitled to judicial review. All hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” All penalties and interest recovered by such agency or department as provided in this Code section, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund.

(b) Any person penalized under this Code section shall be entitled to judicial review. All hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” All penalties and interest recovered by such agency or department as provided in this Code section, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund.
O.C.G.A. § 31-53-22 — GA Code / Title 31 / Chapter 53 / Section 31-53-22
Georgia Code Title 31. Health § 31-53-22
Status: in_force

The purpose of the Georgia Data Access Forum shall be to make recommendations to the office on:

(1) Conducting a baseline analysis of the current data base infrastructure;

(1) Conducting a baseline analysis of the current data base infrastructure;

(2) Identifying common goals for the state and stakeholders;

(2) Identifying common goals for the state and stakeholders;

(3) Prioritizing desired data base functions;

(3) Prioritizing desired data base functions;

(4) Securing proposals for data base platforms;

(4) Securing proposals for data base platforms;

(5) Analyzing existing systems and technology that can be leveraged into a streamlined system;

(5) Analyzing existing systems and technology that can be leveraged into a streamlined system;

(6) Analyzing system security and available data that can be leveraged into a streamlined system;

(6) Analyzing system security and available data that can be leveraged into a streamlined system;

(7) Estimating and evaluating costs to various stakeholders;

(7) Estimating and evaluating costs to various stakeholders;

(8) Establishing a timeline for implementation;

(8) Establishing a timeline for implementation;

(9) Determining whether a tiered approach is necessary for implementation;

(9) Determining whether a tiered approach is necessary for implementation;

(10) Establishing a timeline for a tiered roll out;

(10) Establishing a timeline for a tiered roll out;

(11) Establishing a short-term and long-term approach to funding the data base;

(11) Establishing a short-term and long-term approach to funding the data base;

(12) Identifying appropriate funding sources other than the general fund;

(12) Identifying appropriate funding sources other than the general fund;

(13) Recommending legislation necessary for data security;

(13) Recommending legislation necessary for data security;

(14) Recommending legislation necessary for stakeholder cooperation or protection;

(14) Recommending legislation necessary for stakeholder cooperation or protection;

(15) Recommending legislation necessary to capture data;

(15) Recommending legislation necessary to capture data;

(16) Determining the appropriate agency or entity to manage the ongoing operation of the data base;

(16) Determining the appropriate agency or entity to manage the ongoing operation of the data base;

(17) Describing the relative benefits to the various stakeholders;

(17) Describing the relative benefits to the various stakeholders;

(18) Identifying population health tools; and

(18) Identifying population health tools; and

(19) Determining the cost, feasibility, and timeframe to implement a consumer health cost tool.

(19) Determining the cost, feasibility, and timeframe to implement a consumer health cost tool.
O.C.G.A. § 31-8-152 — GA Code / Title 31 / Chapter 8 / Section 31-8-152
Georgia Code Title 31. Health § 31-8-152
Status: in_force

There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all amounts dedicated, transferred, or contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury.
O.C.G.A. § 31-17a-1 — GA Code / Title 31 / Chapter 17A / Section 31-17a-1
Georgia Code Title 31. Health § 31-17A-1
Status: in_force

(a) Any term used in this chapter and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1 .

(a) Any term used in this chapter and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1 .

(b) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.

(b) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.
O.C.G.A. § 31-12a-3 — GA Code / Title 31 / Chapter 12A / Section 31-12a-3
Georgia Code Title 31. Health § 31-12A-3
Status: in_force

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.
O.C.G.A. § 31-18-2 — GA Code / Title 31 / Chapter 18 / Section 31-18-2
Georgia Code Title 31. Health § 31-18-2
Status: in_force

As used in this chapter, the term:

(1) “ Brain injury ” means a traumatic injury to the brain (cranio-cerebral head trauma), not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, that is associated with any of these symptoms or signs attributed to the injury: decreased level of consciousness, amnesia, other neurologic or neuropsychologic abnormalities, skull fracture, or diagnosed intracranial lesions. These impairments may be either temporary or permanent and can result in a partial or total functional disability.

(1) “ Brain injury ” means a traumatic injury to the brain (cranio-cerebral head trauma), not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, that is associated with any of these symptoms or signs attributed to the injury: decreased level of consciousness, amnesia, other neurologic or neuropsychologic abnormalities, skull fracture, or diagnosed intracranial lesions. These impairments may be either temporary or permanent and can result in a partial or total functional disability.

(2) “ Spinal cord injury ” means a traumatic injury to the spinal cord, not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, resulting in paraplegia or quadriplegia, which can be a partial or total loss of physical function.

(2) “ Spinal cord injury ” means a traumatic injury to the spinal cord, not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, resulting in paraplegia or quadriplegia, which can be a partial or total loss of physical function.
O.C.G.A. § 31-22-13 — GA Code / Title 31 / Chapter 22 / Section 31-22-13
Georgia Code Title 31. Health § 31-22-13
Status: in_force

Any person who violates any provision of this chapter or any of the rules and regulations promulgated pursuant thereto shall be guilty of a misdemeanor.
O.C.G.A. § 31-47-3 — GA Code / Title 31 / Chapter 47 / Section 31-47-3
Georgia Code Title 31. Health § 31-47-3
Status: in_force

(a) The commissioner of public health may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of this chapter.

(a) The commissioner of public health may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of this chapter.

(b) The commissioner of public health shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement this chapter.

(b) The commissioner of public health shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement this chapter.
O.C.G.A. § 31-49-2 — GA Code / Title 31 / Chapter 49 / Section 31-49-2
Georgia Code Title 31. Health § 31-49-2
Status: in_force

(a) There is created the Georgia Council on Lupus Education and Awareness within the Department of Community Health.

(a) There is created the Georgia Council on Lupus Education and Awareness within the Department of Community Health.

(b) The council shall consist of six members as follows: (1) The commissioner of community health, or the commissioner's designee, as an ex officio member; (2) Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient; (3) One member to be appointed by the Speaker of the House of Representatives to serve for two years; and (4) One member to be appointed by the Lieutenant Governor to serve for two years;

(b) The council shall consist of six members as follows:

(1) The commissioner of community health, or the commissioner's designee, as an ex officio member;

(1) The commissioner of community health, or the commissioner's designee, as an ex officio member;

(2) Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient;

(2) Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient;

(3) One member to be appointed by the Speaker of the House of Representatives to serve for two years; and

(3) One member to be appointed by the Speaker of the House of Representatives to serve for two years; and

(4) One member to be appointed by the Lieutenant Governor to serve for two years;

(4) One member to be appointed by the Lieutenant Governor to serve for two years;

(c) All vacancies on the council shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member of the council shall be eligible for reappointment.

(c) All vacancies on the council shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member of the council shall be eligible for reappointment.

(d) The members of the council shall serve without compensation but may be reimbursed for any expenses incurred by them in the performance of their duties, subject to the availability of funds.

(d) The members of the council shall serve without compensation but may be reimbursed for any expenses incurred by them in the performance of their duties, subject to the availability of funds.

(e) The council shall organize as soon as practicable after the appointment of its members and shall select a chairperson from among its members.

(e) The council shall organize as soon as practicable after the appointment of its members and shall select a chairperson from among its members.
O.C.G.A. § 31-1-3 — GA Code / Title 31 / Chapter 1 / Section 31-1-3
Georgia Code Title 31. Health § 31-1-3
Status: in_force

(a) It shall be the public policy of this state that newborn infants in certain high-risk categories be evaluated for the detection of hearing impairments in order to prevent many of the consequences of these disorders.

(a) It shall be the public policy of this state that newborn infants in certain high-risk categories be evaluated for the detection of hearing impairments in order to prevent many of the consequences of these disorders.

(b) The department shall develop guidelines for evaluation and follow-up procedures for the detection of hearing impairments in infants determined by the department to be in those high-risk categories in which the likelihood of such impairments is greatest and shall develop rules and regulations to ensure that all such high-risk infants are evaluated within one year of their birth. No such evaluation shall be made as to any newborn infant if the parents or legal guardian of the child objects thereto on the grounds that such a test would conflict with their religious tenets or practices.

(b) The department shall develop guidelines for evaluation and follow-up procedures for the detection of hearing impairments in infants determined by the department to be in those high-risk categories in which the likelihood of such impairments is greatest and shall develop rules and regulations to ensure that all such high-risk infants are evaluated within one year of their birth. No such evaluation shall be made as to any newborn infant if the parents or legal guardian of the child objects thereto on the grounds that such a test would conflict with their religious tenets or practices.
O.C.G.A. § 31-53-48 — GA Code / Title 31 / Chapter 53 / Section 31-53-48
Georgia Code Title 31. Health § 31-53-48
Status: in_force

(a) The GAPCD shall be designed to: (1) Provide access to the public through a public portal, contingent on funding, in a form and manner that ensures the privacy and security of personal health information as required by state and federal law, as a resource to insurers, consumers, employers, providers, purchasers of health care, and state agencies to allow for continuous review of health care utilization, expenditures, and quality and safety performance in this state; (2) Provide access through memoranda of understanding and after consultation with the advisory committee to the Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, and other departments of state government for the purposes of objectives and uses included in Code Section 31-53-44 ; (3) Provide for custom data requests from communities, individuals, researchers, organizations, and private companies, subject to rules promulgated by the office; (4) Allow for comparisons of geographic, demographic, and economic factors and institutional size; and (5) Present data in a consumer-friendly manner.

(a) The GAPCD shall be designed to:

(1) Provide access to the public through a public portal, contingent on funding, in a form and manner that ensures the privacy and security of personal health information as required by state and federal law, as a resource to insurers, consumers, employers, providers, purchasers of health care, and state agencies to allow for continuous review of health care utilization, expenditures, and quality and safety performance in this state;

(1) Provide access to the public through a public portal, contingent on funding, in a form and manner that ensures the privacy and security of personal health information as required by state and federal law, as a resource to insurers, consumers, employers, providers, purchasers of health care, and state agencies to allow for continuous review of health care utilization, expenditures, and quality and safety performance in this state;

(2) Provide access through memoranda of understanding and after consultation with the advisory committee to the Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, and other departments of state government for the purposes of objectives and uses included in Code Section 31-53-44 ;

(2) Provide access through memoranda of understanding and after consultation with the advisory committee to the Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, and other departments of state government for the purposes of objectives and uses included in Code Section 31-53-44 ;

(3) Provide for custom data requests from communities, individuals, researchers, organizations, and private companies, subject to rules promulgated by the office;

(3) Provide for custom data requests from communities, individuals, researchers, organizations, and private companies, subject to rules promulgated by the office;

(4) Allow for comparisons of geographic, demographic, and economic factors and institutional size; and

(4) Allow for comparisons of geographic, demographic, and economic factors and institutional size; and

(5) Present data in a consumer-friendly manner.

(5) Present data in a consumer-friendly manner.

(b) The collection, storage, and release of health care data and other information pursuant to this article shall be subject to the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191 , 1 as amended.

(b) The collection, storage, and release of health care data and other information pursuant to this article shall be subject to the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191 , 1 as amended.

1 29 USCA § 1181 et seq.
O.C.G.A. § 31-7-56 — GA Code / Title 31 / Chapter 7 / Section 31-7-56
Georgia Code Title 31. Health § 31-7-56
Status: in_force

The establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Titles VI and VII of the Public Health Service Act, 1 as now or hereafter amended, and the federal regulations prescribed thereunder.

1 42 U.S.C.A. §§ 291 et seq. and 292 et seq.
O.C.G.A. § 31-7-21 — GA Code / Title 31 / Chapter 7 / Section 31-7-21
Georgia Code Title 31. Health § 31-7-21
Status: in_force

(a) Each assisted living community shall annually provide to each of its residents, no later than September 1 of each year, educational information on influenza disease. Such information shall include, but is not limited to, the risks associated with influenza disease; the availability, effectiveness, and known contraindications of the influenza immunization; causes and symptoms of influenza; and the means in which it is spread. Provision of the appropriate and current Vaccine Information Statement as provided by the Centers for Disease Control and Prevention shall be deemed to comply with this subsection.

(a) Each assisted living community shall annually provide to each of its residents, no later than September 1 of each year, educational information on influenza disease. Such information shall include, but is not limited to, the risks associated with influenza disease; the availability, effectiveness, and known contraindications of the influenza immunization; causes and symptoms of influenza; and the means in which it is spread. Provision of the appropriate and current Vaccine Information Statement as provided by the Centers for Disease Control and Prevention shall be deemed to comply with this subsection.

(b) Nothing in this Code section shall be construed to require an assisted living community to provide or pay for any vaccination against influenza for its residents.

(b) Nothing in this Code section shall be construed to require an assisted living community to provide or pay for any vaccination against influenza for its residents.

(c) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from providing, or the lack of providing, educational information pursuant to this Code section.

(c) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from providing, or the lack of providing, educational information pursuant to this Code section.
O.C.G.A. § 31-7-12-6 — GA Code / Title 31 / Chapter 7 / Section 31-7-12-6
Georgia Code Title 31. Health § 31-7-12.6
Status: in_force

(a) As used in this Code section, the term: (1) “ Direct care staff person ” means any employee, facility volunteer, or contract staff who provides to residents: (A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2 . (2) “ Long-term care facility ” means a personal care home with 25 or more beds, an assisted living community, or a nursing home licensed in this state.

(a) As used in this Code section, the term:

(1) “ Direct care staff person ” means any employee, facility volunteer, or contract staff who provides to residents: (A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2 .

(1) “ Direct care staff person ” means any employee, facility volunteer, or contract staff who provides to residents:

(A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or

(A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or

(B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2 .

(B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2 .

(2) “ Long-term care facility ” means a personal care home with 25 or more beds, an assisted living community, or a nursing home licensed in this state.

(2) “ Long-term care facility ” means a personal care home with 25 or more beds, an assisted living community, or a nursing home licensed in this state.

(b) No later than September 28, 2020, each resident and direct care staff person in a long-term care facility in this state shall be required to receive an initial baseline molecular SARS CoV-2 test as outlined by the federal Centers for Disease Control and Prevention; provided, however, that residents and direct care staff persons tested prior to June 30, 2020, shall not be required to receive such test.

(b) No later than September 28, 2020, each resident and direct care staff person in a long-term care facility in this state shall be required to receive an initial baseline molecular SARS CoV-2 test as outlined by the federal Centers for Disease Control and Prevention; provided, however, that residents and direct care staff persons tested prior to June 30, 2020, shall not be required to receive such test.

(c) The department shall be authorized to establish rules and regulations to require testing of new residents and direct care staff persons on and after September 28, 2020.

(c) The department shall be authorized to establish rules and regulations to require testing of new residents and direct care staff persons on and after September 28, 2020.
O.C.G.A. § 31-35-3 — GA Code / Title 31 / Chapter 35 / Section 31-35-3
Georgia Code Title 31. Health § 31-35-3
Status: in_force

Any active firefighter, emergency medical technician, or public safety officer who may be exposed to hepatitis B or hepatitis C during a period while the firefighter, emergency medical technician, or public safety officer is engaged in the performance of his or her duties shall at the request of the firefighter, emergency medical technician, or public safety officer be vaccinated for protection against hepatitis B or screened for exposure to hepatitis C. The cost, after the payment by any third-party payor, of such vaccination or screening shall be paid by the county, municipality, or other person or entity employing such firefighter, emergency medical technician, or public safety officer or by the governing authority of the county in the case of a volunteer firefighter.
O.C.G.A. § 31-8-111 — GA Code / Title 31 / Chapter 8 / Section 31-8-111
Georgia Code Title 31. Health § 31-8-111
Status: in_force

Each resident shall be encouraged and assisted by the facility to exercise all rights, benefits, and privileges as a citizen including, but not limited to, the following:

(1) The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, and general elections and in referendums. The facility shall permit and reasonably assist residents to obtain voter registration forms, applications for absentee ballots, and absentee ballots and to comply with other requirements which are prerequisites for voting;

(1) The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, and general elections and in referendums. The facility shall permit and reasonably assist residents to obtain voter registration forms, applications for absentee ballots, and absentee ballots and to comply with other requirements which are prerequisites for voting;

(2) The right to free exercise of religion as well as freedom from imposition of religious beliefs or practices;

(2) The right to free exercise of religion as well as freedom from imposition of religious beliefs or practices;

(3) The right to associate, meet, and communicate privately with persons of the resident's choice; and

(3) The right to associate, meet, and communicate privately with persons of the resident's choice; and

(4) The right to participate, inside and outside the facility, in social, family, religious, and community group activities.

(4) The right to participate, inside and outside the facility, in social, family, religious, and community group activities.
O.C.G.A. § 31-22-10 — GA Code / Title 31 / Chapter 22 / Section 31-22-10
Georgia Code Title 31. Health § 31-22-10
Status: in_force

Nothing contained in this chapter shall be deemed or construed as affecting or repealing Chapter 23 of this title or Article 6 of Chapter 5 of Title 44.
O.C.G.A. § 31-8-123 — GA Code / Title 31 / Chapter 8 / Section 31-8-123
Georgia Code Title 31. Health § 31-8-123
Status: in_force

Every effort shall be made to use the state ombudsman or community ombudsman, as provided for in Article 3 of this chapter, to resolve complaints related to residents' rights.
O.C.G.A. § 31-7-306 — GA Code / Title 31 / Chapter 7 / Section 31-7-306
Georgia Code Title 31. Health § 31-7-306
Status: in_force

A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to July 1, 1996, but which has not been granted such license within 180 days after rules implementing this article have become effective shall be authorized to continue to operate without such license until 90 days after the application for license has been denied.
O.C.G.A. § 31-32-1 — GA Code / Title 31 / Chapter 32 / Section 31-32-1
Georgia Code Title 31. Health § 31-32-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Advance Directive for Health Care Act.”
O.C.G.A. § 31-14-8-2 — GA Code / Title 31 / Chapter 14 / Section 31-14-8-2
Georgia Code Title 31. Health § 31-14-8.2
Status: in_force

Either party may appeal any order of the superior court or hearing examiner in a proceeding under this chapter. An order of the superior court may be appealed to the Court of Appeals or the Supreme Court as provided by law but shall be heard as expeditiously as possible. The appeal of an order of a hearing examiner shall be to the superior court of the county in which the proceeding was held. The review shall be conducted by the superior court without a jury and shall be confined to the record. The court, upon request, may hear oral argument and receive written briefs. The patient must pay his or her costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The parties shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel on appeal or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided in this Code section are in addition to any other appeal rights which the parties may have.
O.C.G.A. § 31-8-136 — GA Code / Title 31 / Chapter 8 / Section 31-8-136
Georgia Code Title 31. Health § 31-8-136
Status: in_force

(a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.

(a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.

(b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.

(b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.

(c) The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.

(c) The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.

(d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.

(d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.

(e) Code Section 31-5-8 shall apply fully to any willful violation of this article.

(e) Code Section 31-5-8 shall apply fully to any willful violation of this article.
O.C.G.A. § 31-17-6 — GA Code / Title 31 / Chapter 17 / Section 31-17-6
Georgia Code Title 31. Health § 31-17-6
Status: in_force

All laboratories conducting tests for sexually transmitted diseases shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department.
O.C.G.A. § 31-11-4 — GA Code / Title 31 / Chapter 11 / Section 31-11-4
Georgia Code Title 31. Health § 31-11-4
Status: in_force

The board or its designee shall exercise continuing supervision over the operations of the EMSC Program in each health district and shall make all necessary modifications in accord with the procedures set forth in Code Section 31-11-3 .
O.C.G.A. § 31-8-166 — GA Code / Title 31 / Chapter 8 / Section 31-8-166
Georgia Code Title 31. Health § 31-8-166
Status: in_force

(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void.

(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void.

(b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated.

(b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated.

(c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.

(c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
O.C.G.A. § 31-8-201 — GA Code / Title 31 / Chapter 8 / Section 31-8-201
Georgia Code Title 31. Health § 31-8-201
Status: in_force

This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50.
O.C.G.A. § 31-23-2 — GA Code / Title 31 / Chapter 23 / Section 31-23-2
Georgia Code Title 31. Health § 31-23-2
Status: in_force

Any donation of a person's eyes or any part thereof shall be made in accordance with Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act.”
O.C.G.A. § 31-7-3-1 — GA Code / Title 31 / Chapter 7 / Section 31-7-3-1
Georgia Code Title 31. Health § 31-7-3.1
Status: in_force

As a condition of obtaining or retaining the permit required by Code Section 31-7-3 to operate such institution, any hospital which operates an emergency room shall post conspicuously therein a sign notifying the public of the rights of individuals under federal or state law with respect to examination and treatment for emergency medical conditions and women in active labor.
O.C.G.A. § 31-7-2 — GA Code / Title 31 / Chapter 7 / Section 31-7-2
Georgia Code Title 31. Health § 31-7-2
Status: in_force

The department shall classify institutions and adopt and promulgate rules and regulations applicable thereto according to the type of services rendered.
O.C.G.A. § 31-47-2 — GA Code / Title 31 / Chapter 47 / Section 31-47-2
Georgia Code Title 31. Health § 31-47-2
Status: in_force

The commissioner of public health shall:

(1) Provide sufficient staff to implement the Arthritis Prevention and Control Program;

(1) Provide sufficient staff to implement the Arthritis Prevention and Control Program;

(2) Provide appropriate training for staff of the Arthritis Prevention and Control Program;

(2) Provide appropriate training for staff of the Arthritis Prevention and Control Program;

(3) Identify the appropriate organizations to carry out the program;

(3) Identify the appropriate organizations to carry out the program;

(4) Base the program on the most current scientific information and findings;

(4) Base the program on the most current scientific information and findings;

(5) Work to increase and improve community based services available to people with arthritis and their family members;

(5) Work to increase and improve community based services available to people with arthritis and their family members;

(6) Work with governmental offices, national voluntary health organizations and their local chapters, community and business leaders, community organizations, and health care and human service providers to coordinate efforts and maximize state resources in the areas of prevention, education, detection, pain management, and treatment of arthritis; and

(6) Work with governmental offices, national voluntary health organizations and their local chapters, community and business leaders, community organizations, and health care and human service providers to coordinate efforts and maximize state resources in the areas of prevention, education, detection, pain management, and treatment of arthritis; and

(7) Identify and, when appropriate, use evidence based arthritis programs and obtain related materials and services from organizations with appropriate expertise and knowledge of arthritis.

(7) Identify and, when appropriate, use evidence based arthritis programs and obtain related materials and services from organizations with appropriate expertise and knowledge of arthritis.
O.C.G.A. § 31-11-58-1 — GA Code / Title 31 / Chapter 11 / Section 31-11-58-1
Georgia Code Title 31. Health § 31-11-58.1
Status: in_force

(a) The department shall be authorized to require paramedics and cardiac technicians seeking recertification under this chapter to complete department approved continuing education of not less than 40 hours biennially. The department shall be authorized to approve courses including but not limited to courses offered by the department, the number of hours required, and the category in which these hours should be earned.

(a) The department shall be authorized to require paramedics and cardiac technicians seeking recertification under this chapter to complete department approved continuing education of not less than 40 hours biennially. The department shall be authorized to approve courses including but not limited to courses offered by the department, the number of hours required, and the category in which these hours should be earned.

(b) The department shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under such other circumstances as the department deems appropriate.

(b) The department shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under such other circumstances as the department deems appropriate.

(c) The department shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

(c) The department shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

(d) This Code section shall apply to each recertification cycle which begins after the renewal deadline in 2000.

(d) This Code section shall apply to each recertification cycle which begins after the renewal deadline in 2000.
O.C.G.A. § 31-26-6 — GA Code / Title 31 / Chapter 26 / Section 31-26-6
Georgia Code Title 31. Health § 31-26-6
Status: in_force

The department and county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and rules and regulations adopted and promulgated under this chapter, as provided in Article 1 of Chapter 5 of this title.
O.C.G.A. § 31-13-25 — GA Code / Title 31 / Chapter 13 / Section 31-13-25
Georgia Code Title 31. Health § 31-13-25
Status: in_force

All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990.
O.C.G.A. § 31-14-14 — GA Code / Title 31 / Chapter 14 / Section 31-14-14
Georgia Code Title 31. Health § 31-14-14
Status: in_force

Any physician, peace officer, attorney, or health official, or any hospital or facility official, agent, or other person employed by a private hospital or facility or at a hospital or facility operated by the state, by a political subdivision of the state, by a county board of health, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the admission of a patient to or the discharge of a patient from a hospital or facility approved by the department for the care of tubercular patients.
O.C.G.A. § 31-11-81 — GA Code / Title 31 / Chapter 11 / Section 31-11-81
Georgia Code Title 31. Health § 31-11-81
Status: in_force

As used in this article, the term:

(1) “ Emergency condition ” means any physical or mental condition of a recent onset and severity, including but not limited to severe pain, regardless of the initial, interim, final, or other diagnoses that are given, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part.

(1) “ Emergency condition ” means any physical or mental condition of a recent onset and severity, including but not limited to severe pain, regardless of the initial, interim, final, or other diagnoses that are given, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:

(A) Placing the patient's health in serious jeopardy;

(A) Placing the patient's health in serious jeopardy;

(B) Serious impairment to bodily functions; or

(B) Serious impairment to bodily functions; or

(C) Serious dysfunction of any bodily organ or part.

(C) Serious dysfunction of any bodily organ or part.

(2) “ Emergency medical provider ” means any provider of emergency medical transportation licensed or permitted by the Department of Public Health, any hospital licensed or permitted by the Department of Community Health, any hospital based service, or any physician licensed by the Georgia Composite Medical Board who provides emergency services.

(2) “ Emergency medical provider ” means any provider of emergency medical transportation licensed or permitted by the Department of Public Health, any hospital licensed or permitted by the Department of Community Health, any hospital based service, or any physician licensed by the Georgia Composite Medical Board who provides emergency services.

(3) “ Emergency services ” means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.

(3) “ Emergency services ” means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.

(4) “Prospective authorization” means contacting for approval or authorization to evaluate and treat a patient any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan, a representative of which is not physically present in the hospital's emergency department at the time such patient presents for emergency services.

(4) “Prospective authorization” means contacting for approval or authorization to evaluate and treat a patient any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan, a representative of which is not physically present in the hospital's emergency department at the time such patient presents for emergency services.
O.C.G.A. § 31-7-357 — GA Code / Title 31 / Chapter 7 / Section 31-7-357
Georgia Code Title 31. Health § 31-7-357
Status: in_force

Each application form provided by a facility to an applicant shall conspicuously state the following: “FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.”
O.C.G.A. § 31-14-2 — GA Code / Title 31 / Chapter 14 / Section 31-14-2
Georgia Code Title 31. Health § 31-14-2
Status: in_force

When the county board of health or the Department of Public Health has evidence that any person has active tuberculosis and is violating the rules and regulations promulgated by the department or the orders issued by the county board of health and thereby presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, the county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found. The petition executed under oath shall state the specific evidence supporting the allegations, that the evidence has existed within the preceding 30 days, that the person named therein has active tuberculosis and is violating the rules and regulations of the department or the orders of the county board of health and presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or department to comply with such rules, regulations, or orders, and that the public health requires commitment of the person named therein. The petition must be accompanied by a certificate of a physician stating that the physician knows or suspects that the person named therein may have active tuberculosis, the evidence which forms the basis of this opinion, and whether a full evaluation of the person is necessary.
O.C.G.A. § 31-7-87 — GA Code / Title 31 / Chapter 7 / Section 31-7-87
Georgia Code Title 31. Health § 31-7-87
Status: in_force

Should an authority acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this article shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such authority.
O.C.G.A. § 31-13-16 — GA Code / Title 31 / Chapter 13 / Section 31-13-16
Georgia Code Title 31. Health § 31-13-16
Status: in_force

Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this chapter shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the director no later than 30 days after such order is served on such person or persons.
O.C.G.A. § 31-10-10 — GA Code / Title 31 / Chapter 10 / Section 31-10-10
Georgia Code Title 31. Health § 31-10-10
Status: in_force

(a) Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten days to the State Office of Vital Records the following information: (1) The date and place of finding; (2) Sex, color or race, and approximate birth date or age of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar.

(a) Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten days to the State Office of Vital Records the following information:

(1) The date and place of finding;

(1) The date and place of finding;

(2) Sex, color or race, and approximate birth date or age of child;

(2) Sex, color or race, and approximate birth date or age of child;

(3) Name and address of the person or institution with whom the child has been placed for care;

(3) Name and address of the person or institution with whom the child has been placed for care;

(4) Name given to the child by the custodian of the child; and

(4) Name given to the child by the custodian of the child; and

(5) Other data required by the state registrar.

(5) Other data required by the state registrar.

(b) The place where the child was found shall be entered as the place of birth.

(b) The place where the child was found shall be entered as the place of birth.

(c) A report registered under this Code section shall constitute the certificate of birth for the child.

(c) A report registered under this Code section shall constitute the certificate of birth for the child.

(d) If the child is subsequently identified and a certificate of birth is found or obtained, the report registered under this Code section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.

(d) If the child is subsequently identified and a certificate of birth is found or obtained, the report registered under this Code section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
O.C.G.A. § 31-2a-1 — GA Code / Title 31 / Chapter 2A / Section 31-2a-1
Georgia Code Title 31. Health § 31-2A-1
Status: in_force

(a) There is created the Board of Public Health which shall establish the general policy to be followed by the Department of Public Health. The powers, functions, and duties of the Board of Community Health as they existed on June 30, 2011, with regard to the Division of Public Health and the Office of Health Improvement, unless otherwise provided in this Act, are transferred to the Board of Public Health effective July 1, 2011. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.

(a) There is created the Board of Public Health which shall establish the general policy to be followed by the Department of Public Health. The powers, functions, and duties of the Board of Community Health as they existed on June 30, 2011, with regard to the Division of Public Health and the Office of Health Improvement, unless otherwise provided in this Act, are transferred to the Board of Public Health effective July 1, 2011. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.

(b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.

(b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.

(c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.

(c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.

(d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17 .

(d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17 .

(e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.

(e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.

(f) The members of the board shall receive the same daily expense allowance and reimbursement of expenses as provided in Code Section 45-7-21 for members of other state boards.

(f) The members of the board shall receive the same daily expense allowance and reimbursement of expenses as provided in Code Section 45-7-21 for members of other state boards.
O.C.G.A. § 31-8-107 — GA Code / Title 31 / Chapter 8 / Section 31-8-107
Georgia Code Title 31. Health § 31-8-107
Status: in_force

Each resident or person requesting admission to a facility shall be free from discrimination by the facility through its refusing admission or continued residency on the basis of the resident's or applicant's history or condition of mental or physical disease or disability, unless such admission would cause the facility or any resident to lose eligibility for any state or federal program of financial assistance or unless the facility cannot provide adequate and appropriate care, treatment, and services to the resident due to such disease or disability.
O.C.G.A. § 31-14-5 — GA Code / Title 31 / Chapter 14 / Section 31-14-5
Georgia Code Title 31. Health § 31-14-5
Status: in_force

Where a danger exists that the person named in the petition may abscond or conceal himself or herself or where the person is conducting himself or herself so as to present a substantial risk of exposing other persons to an imminent danger of infection, the court may, as a part of the order made pursuant to Code Section 31-14-3 , direct the sheriff or the sheriff's deputies to take such person into custody pending hearing and impose such confinement as will not endanger other persons. An affidavit shall be attached to the petition containing the specific facts supporting the need for custody pending hearing.
O.C.G.A. § 31-7-80 — GA Code / Title 31 / Chapter 7 / Section 31-7-80
Georgia Code Title 31. Health § 31-7-80
Status: in_force

Certificates of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates not exceeding 9 percent per annum; be in such denomination or denominations; be in such form, either coupon or registered; carry such conversion or registration privileges; have such rank or priority; be executed in such manner; be payable in such medium of payment, at such place or places; and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage may provide. In the event that any of the members or officers of the authority whose signatures appear on any certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes.
O.C.G.A. § 31-3-9 — GA Code / Title 31 / Chapter 3 / Section 31-3-9
Georgia Code Title 31. Health § 31-3-9
Status: in_force

The governing body of the county shall provide the county board of health with quarters and equipment sufficient for its operation.
O.C.G.A. § 31-26-4 — GA Code / Title 31 / Chapter 26 / Section 31-26-4
Georgia Code Title 31. Health § 31-26-4
Status: in_force

A certificate issued under this chapter shall not confer upon any person the right to practice medicine; to prescribe or administer drugs; to undertake charge of abnormal cases of confinement or of any disease in connection with confinement; or to assume any name, title, or designation implying that such person is authorized by law to undertake charge of any such cases, or to practice medicine, or to administer drugs.
O.C.G.A. § 31-53-52 — GA Code / Title 31 / Chapter 53 / Section 31-53-52
Georgia Code Title 31. Health § 31-53-52
Status: in_force

If at any time it is determined that there is not sufficient funding to finance the ongoing operations of the GAPCD, the GAPCD shall cease operating and the advisory committee and administrator shall no longer have the duty to carry out the functions required pursuant to this article. If the GAPCD ceases to operate, any data submitted shall be destroyed or returned to its original source.
O.C.G.A. § 31-12-4 — GA Code / Title 31 / Chapter 12 / Section 31-12-4
Georgia Code Title 31. Health § 31-12-4
Status: in_force

The department and all county boards of health may, from time to time, require the isolation or segregation of persons with communicable diseases or conditions likely to endanger the health of others. The department may, in addition, require quarantine or surveillance of carriers of disease and persons exposed to, or suspected of being infected with, infectious disease until they are found to be free of the infectious agent or disease in question. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary.
O.C.G.A. § 31-2a-57 — GA Code / Title 31 / Chapter 2A / Section 31-2a-57
Georgia Code Title 31. Health § 31-2A-57
Status: in_force

The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article.
O.C.G.A. § 31-7-74-4 — GA Code / Title 31 / Chapter 7 / Section 31-7-74-4
Georgia Code Title 31. Health § 31-7-74.4
Status: in_force

Members on the board of a hospital authority at the time of a sale or lease of a hospital owned by such hospital authority shall be deemed directors and subject to the provisions of Part 6 of Article 8 of Chapter 3 of Title 14, relating to conflicting interest transactions with respect to the proceeds of such sale or lease.
O.C.G.A. § 31-28-1 — GA Code / Title 31 / Chapter 28 / Section 31-28-1
Georgia Code Title 31. Health § 31-28-1
Status: in_force

As used in this chapter, the term “tourist court” means:

(1) Any facility consisting of two or more rooms or dwelling units providing lodging and other accommodations for tourists and travelers and includes tourist courts, tourist cottages, tourist homes, trailer parks, trailer courts, motels, motor hotels, hotels, and any similar place by whatever name called; and

(1) Any facility consisting of two or more rooms or dwelling units providing lodging and other accommodations for tourists and travelers and includes tourist courts, tourist cottages, tourist homes, trailer parks, trailer courts, motels, motor hotels, hotels, and any similar place by whatever name called; and

(2) Any facility or establishment operated in conjunction with an establishment described in paragraph (1) of this Code section for the purpose of providing food, beverage, laundry, or recreational services.

(2) Any facility or establishment operated in conjunction with an establishment described in paragraph (1) of this Code section for the purpose of providing food, beverage, laundry, or recreational services.
O.C.G.A. § 31-7-412 — GA Code / Title 31 / Chapter 7 / Section 31-7-412
Georgia Code Title 31. Health § 31-7-412
Status: in_force

(a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition.

(a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition.

(b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405 , in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71 , shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification.

(b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405 , in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71 , shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification.
O.C.G.A. § 31-14-8 — GA Code / Title 31 / Chapter 14 / Section 31-14-8
Georgia Code Title 31. Health § 31-14-8
Status: in_force

Upon commitment the patient shall be confined in a hospital or facility approved by the department for the care of tubercular patients for a period not to exceed two years unless, before the expiration of such two-year period, the designated responsible physician of the tuberculosis inpatient unit determines that the following conditions no longer exist:

(1) The patient has active tuberculosis; or

(1) The patient has active tuberculosis; or

(2) The patient has active tuberculosis and there is a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drug-resistant tuberculosis. The likelihood of noncompliance must be based upon a history of noncompliance with treatment; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the department.

(2) The patient has active tuberculosis and there is a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drug-resistant tuberculosis. The likelihood of noncompliance must be based upon a history of noncompliance with treatment; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the department.
O.C.G.A. § 31-34-1 — GA Code / Title 31 / Chapter 34 / Section 31-34-1
Georgia Code Title 31. Health § 31-34-1
Status: in_force

This article shall be known and may be cited as the “Physicians, Dentists, Physician Assistants, and Advanced Practice Registered Nurses for Rural Areas Assistance Act.”
O.C.G.A. § 31-38-10 — GA Code / Title 31 / Chapter 38 / Section 31-38-10
Georgia Code Title 31. Health § 31-38-10
Status: in_force

In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. Any recovery under this Code section shall also include attorney's fees and court costs. It is the intent of the General Assembly in this Code section to provide consumers with an additional remedy to encourage enforcement of this chapter through private rights of action.
O.C.G.A. § 31-11-32 — GA Code / Title 31 / Chapter 11 / Section 31-11-32
Georgia Code Title 31. Health § 31-11-32
Status: in_force

(a) The license officer shall, within ten days after receipt of an application for a license or provisional license as provided for in this article, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.

(a) The license officer shall, within ten days after receipt of an application for a license or provisional license as provided for in this article, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.

(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.

(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.

(c) The license officer shall issue provisional licenses for 30 days for the purpose specified in paragraph (19) of Code Section 31-11-2 .

(c) The license officer shall issue provisional licenses for 30 days for the purpose specified in paragraph (19) of Code Section 31-11-2 .

(d) Before issuing a license to a government or governmental agency for a new ambulance service, the license officer shall establish that, due to inadequate private service, the public's convenience and necessity require the proposed ambulance service.

(d) Before issuing a license to a government or governmental agency for a new ambulance service, the license officer shall establish that, due to inadequate private service, the public's convenience and necessity require the proposed ambulance service.