O.C.G.A. § 31-11-55 — GA Code / Title 31 / Chapter 11 / Section 31-11-55
Georgia Code Title 31. Health § 31-11-55
Status: in_force

(a) Upon certification by the department, cardiac technicians may do any of the following: (1) Render first-aid and resuscitation services; (2) Upon the order of a duly licensed physician and as recommended by the Georgia Emergency Medical Services Advisory Council and approved by the department: (A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient; (B) Administer approved intravenous solutions; (C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists; (D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation; and (E) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1 , administer vaccines.

(a) Upon certification by the department, cardiac technicians may do any of the following:

(1) Render first-aid and resuscitation services;

(1) Render first-aid and resuscitation services;

(2) Upon the order of a duly licensed physician and as recommended by the Georgia Emergency Medical Services Advisory Council and approved by the department: (A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient; (B) Administer approved intravenous solutions; (C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists; (D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation; and (E) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1 , administer vaccines.

(2) Upon the order of a duly licensed physician and as recommended by the Georgia Emergency Medical Services Advisory Council and approved by the department:

(A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient;

(A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient;

(B) Administer approved intravenous solutions;

(B) Administer approved intravenous solutions;

(C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists;

(C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists;

(D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation; and

(D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation; and

(E) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1 , administer vaccines.

(E) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1 , administer vaccines.

(b) While in training preparatory to becoming certified, cardiac technician trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse.

(b) While in training preparatory to becoming certified, cardiac technician trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse.
O.C.G.A. § 31-2a-14 — GA Code / Title 31 / Chapter 2A / Section 31-2a-14
Georgia Code Title 31. Health § 31-2A-14
Status: in_force

<Funds have not been appropriated. See subsec. (f).>

(a) There is established within the Department of Public Health the Georgia Diabetes Control Grant Program. The purpose of the grant program shall be to develop, implement, and promote a state-wide effort to combat the proliferation of Type 2 diabetes and pre-diabetes.

(a) There is established within the Department of Public Health the Georgia Diabetes Control Grant Program. The purpose of the grant program shall be to develop, implement, and promote a state-wide effort to combat the proliferation of Type 2 diabetes and pre-diabetes.

(b) The program shall be under the direction of a seven-member advisory committee, appointed by the Governor. The Governor, in making such appointments, shall ensure to the greatest extent possible that the membership of the advisory committee is representative of this state's geographic and demographic composition, with appropriate attention to the representation of women, minorities, and rural Georgia. The appointments made by the Governor shall include one member who is: (1) A physician licensed in this state; (2) A registered nurse licensed in this state; (3) A dietitian licensed in this state; (4) A diabetes educator; (5) A representative of the business community; (6) A pharmacist licensed in this state; and (7) A consumer who has diabetes. The commissioner, or his or her designee, shall serve as an ex officio, nonvoting member of the advisory committee. Appointed advisory committee members shall be named for five-year terms staggered so that one term will expire each year, except for the fourth and fifth year, when two terms will expire. Their successors shall be named for five-year terms.

(b) The program shall be under the direction of a seven-member advisory committee, appointed by the Governor. The Governor, in making such appointments, shall ensure to the greatest extent possible that the membership of the advisory committee is representative of this state's geographic and demographic composition, with appropriate attention to the representation of women, minorities, and rural Georgia. The appointments made by the Governor shall include one member who is:

(1) A physician licensed in this state;

(1) A physician licensed in this state;

(2) A registered nurse licensed in this state;

(2) A registered nurse licensed in this state;

(3) A dietitian licensed in this state;

(3) A dietitian licensed in this state;

(4) A diabetes educator;

(4) A diabetes educator;

(5) A representative of the business community;

(5) A representative of the business community;

(6) A pharmacist licensed in this state; and

(6) A pharmacist licensed in this state; and

(7) A consumer who has diabetes.

(7) A consumer who has diabetes.

The commissioner, or his or her designee, shall serve as an ex officio, nonvoting member of the advisory committee. Appointed advisory committee members shall be named for five-year terms staggered so that one term will expire each year, except for the fourth and fifth year, when two terms will expire. Their successors shall be named for five-year terms.

(c) The Georgia Diabetes Control Grant Program shall be authorized to administer two grant programs targeted at new, expanded, or innovative approaches to address diabetes as follows: (1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and (2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and self-management targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 . Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs.

(c) The Georgia Diabetes Control Grant Program shall be authorized to administer two grant programs targeted at new, expanded, or innovative approaches to address diabetes as follows:

(1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and

(1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and

(2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and self-management targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 . Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs.

(2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and self-management targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 . Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs.

(d) The advisory committee shall work with the department to establish grant criteria and make award decisions, with the goal of creating a state-wide set of resources to assist residents of Georgia in their efforts to prevent or treat diabetes. Grants shall not be used for funding existing programs.

(d) The advisory committee shall work with the department to establish grant criteria and make award decisions, with the goal of creating a state-wide set of resources to assist residents of Georgia in their efforts to prevent or treat diabetes. Grants shall not be used for funding existing programs.

(e) The grant program shall be under the direction of the diabetes coordinator appointed pursuant to Code Section 31-2A-13 . The department shall provide sufficient staff, administrative support, and such other resources as may be necessary for the diabetes coordinator to carry out the duties required by this Code section.

(e) The grant program shall be under the direction of the diabetes coordinator appointed pursuant to Code Section 31-2A-13 . The department shall provide sufficient staff, administrative support, and such other resources as may be necessary for the diabetes coordinator to carry out the duties required by this Code section.

(f) This Code section shall be subject to appropriation from the General Assembly.

(f) This Code section shall be subject to appropriation from the General Assembly.
O.C.G.A. § 31-7-3-3 — GA Code / Title 31 / Chapter 7 / Section 31-7-3-3
Georgia Code Title 31. Health § 31-7-3.3
Status: in_force

(a) As used in this Code section, the term “ excluded party ” means a person or entity that neither performs, has the duty to perform, nor controls the performance of any of the following functions at or on behalf of a nursing home or intermediate care home where alleged injuries occurred: (1) Providing management, operation, or administrative services for such home; (2) Hiring or firing of the administrator, director of nursing, or other staff working at such home; (3) Setting or controlling the budget of such home; (4) Staffing or determining the level of staff at such home; (5) Providing direct care, treatment, or services to the residents of such home; (6) Making decisions regarding the care, treatment, or services provided to residents at such home; or (7) Adopting, implementing, or enforcing the policies and procedures for such home.

(a) As used in this Code section, the term “ excluded party ” means a person or entity that neither performs, has the duty to perform, nor controls the performance of any of the following functions at or on behalf of a nursing home or intermediate care home where alleged injuries occurred:

(1) Providing management, operation, or administrative services for such home;

(1) Providing management, operation, or administrative services for such home;

(2) Hiring or firing of the administrator, director of nursing, or other staff working at such home;

(2) Hiring or firing of the administrator, director of nursing, or other staff working at such home;

(3) Setting or controlling the budget of such home;

(3) Setting or controlling the budget of such home;

(4) Staffing or determining the level of staff at such home;

(4) Staffing or determining the level of staff at such home;

(5) Providing direct care, treatment, or services to the residents of such home;

(5) Providing direct care, treatment, or services to the residents of such home;

(6) Making decisions regarding the care, treatment, or services provided to residents at such home; or

(6) Making decisions regarding the care, treatment, or services provided to residents at such home; or

(7) Adopting, implementing, or enforcing the policies and procedures for such home.

(7) Adopting, implementing, or enforcing the policies and procedures for such home.

(b) Except as otherwise provided by law, the mere ownership of an entity shall not, by itself, create the duty to perform the functions listed in subsection (a) of this Code section.

(b) Except as otherwise provided by law, the mere ownership of an entity shall not, by itself, create the duty to perform the functions listed in subsection (a) of this Code section.

(c) An excluded party shall not be named in a civil action that alleges its direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.

(c) An excluded party shall not be named in a civil action that alleges its direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.

(d) Any person or entity named as a defendant in a civil action or arbitration, that claims to be an excluded party, may serve a notice of such claim upon the plaintiff. Such notice shall be sent to counsel for the plaintiff by certified mail, return receipt requested, or, if the plaintiff does not have an attorney, to the plaintiff personally via certified mail, return receipt requested. Such notice shall be served after the discovery period begins under applicable law for the case but not later than 30 days after such discovery period begins.

(d) Any person or entity named as a defendant in a civil action or arbitration, that claims to be an excluded party, may serve a notice of such claim upon the plaintiff. Such notice shall be sent to counsel for the plaintiff by certified mail, return receipt requested, or, if the plaintiff does not have an attorney, to the plaintiff personally via certified mail, return receipt requested. Such notice shall be served after the discovery period begins under applicable law for the case but not later than 30 days after such discovery period begins.

(e) If, after the expiration of 90 days from the date the notice described in subsection (d) of this Code section is received, the plaintiff does not agree to a dismissal without prejudice of such defendant claiming to be an excluded party, and: (1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or (2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal, then such finding by an arbitrator or final judgment by a court shall be deemed a finding that the plaintiff's claim against such defendant was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, such excluded party shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation as the court or arbitrator determines were related to the defense of only such excluded party and not to the defense of other defendants in such action, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, against such party's attorney, or against both in such manner as is just.

(e) If, after the expiration of 90 days from the date the notice described in subsection (d) of this Code section is received, the plaintiff does not agree to a dismissal without prejudice of such defendant claiming to be an excluded party, and:

(1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or

(1) The court later determines that there is no genuine issue of material fact as to whether such defendant is an excluded party, grants summary judgment to such defendant as to this issue, and such order becomes final after any appeal; or

(2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal,

(2) If an arbitrator enters judgment for such defendant as to this issue and determines that there was not a good faith basis in law and fact for the plaintiff's claim that such defendant was not an excluded party and such order becomes final after any appeal,

then such finding by an arbitrator or final judgment by a court shall be deemed a finding that the plaintiff's claim against such defendant was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, such excluded party shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation as the court or arbitrator determines were related to the defense of only such excluded party and not to the defense of other defendants in such action, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, against such party's attorney, or against both in such manner as is just.

(f) In the event that the plaintiff prevails on any claim against a defendant claiming to be an excluded party and if the court or an arbitrator determines that there was not a good faith basis in law and fact for the defendant's claim that such defendant was an excluded party, and such order becomes final after appeal, then such judgment by a court or arbitrator shall be deemed a finding that the contention by such defendant that it was an excluded party was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, the plaintiff shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against the defendant claiming to be an excluded party, and the plaintiff shall not be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against other defendants, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, against such party's attorney, or against both in such manner as is just.

(f) In the event that the plaintiff prevails on any claim against a defendant claiming to be an excluded party and if the court or an arbitrator determines that there was not a good faith basis in law and fact for the defendant's claim that such defendant was an excluded party, and such order becomes final after appeal, then such judgment by a court or arbitrator shall be deemed a finding that the contention by such defendant that it was an excluded party was substantially frivolous, substantially groundless, or substantially vexatious. Upon such a final judgment or finding, the plaintiff shall be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation upon the filing of a motion. The court or arbitrator shall award only such reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against the defendant claiming to be an excluded party, and the plaintiff shall not be entitled to an award of reasonable and necessary attorneys' fees and expenses of litigation that were incurred in the pursuit of the action against other defendants, unless otherwise authorized by law. Such attorneys' fees and expenses so awarded shall be assessed against the party asserting such claim, against such party's attorney, or against both in such manner as is just.

(g) Notwithstanding Code Section 51-7-85, subsections (e) and (f) of this Code section shall be in addition to and shall not limit a party's right to pursue a recovery pursuant to Code Section 9-15-14 or Article 5 of Chapter 7 of Title 51.

(g) Notwithstanding Code Section 51-7-85, subsections (e) and (f) of this Code section shall be in addition to and shall not limit a party's right to pursue a recovery pursuant to Code Section 9-15-14 or Article 5 of Chapter 7 of Title 51.

(h) The time period set forth in subsection (e) of this Code section may be extended by agreement of the parties or by order of the court; provided, however, that if during such time period any party files a motion to stay the case or a motion to compel arbitration, such time period shall be extended for 30 days following the date the court rules on such motion; and provided, further, that if any party files a motion to compel discovery, such period shall be extended until 30 days following the date that the party complies with the court's order to produce discovery, whichever is later.

(h) The time period set forth in subsection (e) of this Code section may be extended by agreement of the parties or by order of the court; provided, however, that if during such time period any party files a motion to stay the case or a motion to compel arbitration, such time period shall be extended for 30 days following the date the court rules on such motion; and provided, further, that if any party files a motion to compel discovery, such period shall be extended until 30 days following the date that the party complies with the court's order to produce discovery, whichever is later.

(i) A defendant which is a licensee shall not identify an excluded party as a potentially at-fault nonparty for purposes of apportionment under Code Section 51-12-33 , unless such nonparty has entered into a settlement agreement with the plaintiff or claimant.

(i) A defendant which is a licensee shall not identify an excluded party as a potentially at-fault nonparty for purposes of apportionment under Code Section 51-12-33 , unless such nonparty has entered into a settlement agreement with the plaintiff or claimant.
O.C.G.A. § 31-41-5 — GA Code / Title 31 / Chapter 41 / Section 31-41-5
Georgia Code Title 31. Health § 31-41-5
Status: in_force

The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
O.C.G.A. § 31-53-45 — GA Code / Title 31 / Chapter 53 / Section 31-53-45
Georgia Code Title 31. Health § 31-53-45
Status: in_force

(a) The administrator of the GAPCD shall be the Center for Health Analytics and Informatics of the Georgia Institute of Technology. The administrator, in consultation with the advisory committee, shall: (1) Determine the data to be collected from submitting entities and the method of collection, including mandatory and voluntary reporting of health care and health quality data; (2) Seek to establish agreements for voluntary reporting of health care claims data from health care payers that are not subject to mandatory reporting requirements in order to ensure availability of the most comprehensive and systemwide data on health care costs and quality; (3) Seek to establish agreements or requests with the federal Centers for Medicare and Medicaid Services to obtain Medicare health claims data; (4) Determine the measures necessary to implement the reporting requirements in a manner that is cost-effective and reasonable for data sources and timely, relevant, and reliable for public and private health care purchasers and consumers, providers, and policymakers; (5) Determine the reports and data to be made available to the public with recommendations from the advisory committee in order to accomplish the purposes of this Code section, including conducting studies and reporting the results of the studies; (6) Collect, aggregate, distribute, and publicly report performance data on quality, health outcomes, health disparities, cost, utilization, and pricing in a manner accessible for public and private health care purchasers and consumers, providers, and policymakers; (7) Protect patient privacy in compliance with state and federal health record confidentiality laws while preserving the ability to analyze data and share with providers and submitting entities to ensure accuracy prior to the public release of information; (8) Report to the Governor and the General Assembly on or before March 1 of each year on the status of implementing the GAPCD and any recommendations for statutory or regulatory changes, with input from the advisory committee, that would advance the purposes of this article; and (9) Provide leadership and coordination of public and private health care quality and performance measurements to ensure efficiency, cost-effectiveness, transparency, and informed choice by public and private health care purchasers and consumers.

(a) The administrator of the GAPCD shall be the Center for Health Analytics and Informatics of the Georgia Institute of Technology. The administrator, in consultation with the advisory committee, shall:

(1) Determine the data to be collected from submitting entities and the method of collection, including mandatory and voluntary reporting of health care and health quality data;

(1) Determine the data to be collected from submitting entities and the method of collection, including mandatory and voluntary reporting of health care and health quality data;

(2) Seek to establish agreements for voluntary reporting of health care claims data from health care payers that are not subject to mandatory reporting requirements in order to ensure availability of the most comprehensive and systemwide data on health care costs and quality;

(2) Seek to establish agreements for voluntary reporting of health care claims data from health care payers that are not subject to mandatory reporting requirements in order to ensure availability of the most comprehensive and systemwide data on health care costs and quality;

(3) Seek to establish agreements or requests with the federal Centers for Medicare and Medicaid Services to obtain Medicare health claims data;

(3) Seek to establish agreements or requests with the federal Centers for Medicare and Medicaid Services to obtain Medicare health claims data;

(4) Determine the measures necessary to implement the reporting requirements in a manner that is cost-effective and reasonable for data sources and timely, relevant, and reliable for public and private health care purchasers and consumers, providers, and policymakers;

(4) Determine the measures necessary to implement the reporting requirements in a manner that is cost-effective and reasonable for data sources and timely, relevant, and reliable for public and private health care purchasers and consumers, providers, and policymakers;

(5) Determine the reports and data to be made available to the public with recommendations from the advisory committee in order to accomplish the purposes of this Code section, including conducting studies and reporting the results of the studies;

(5) Determine the reports and data to be made available to the public with recommendations from the advisory committee in order to accomplish the purposes of this Code section, including conducting studies and reporting the results of the studies;

(6) Collect, aggregate, distribute, and publicly report performance data on quality, health outcomes, health disparities, cost, utilization, and pricing in a manner accessible for public and private health care purchasers and consumers, providers, and policymakers;

(6) Collect, aggregate, distribute, and publicly report performance data on quality, health outcomes, health disparities, cost, utilization, and pricing in a manner accessible for public and private health care purchasers and consumers, providers, and policymakers;

(7) Protect patient privacy in compliance with state and federal health record confidentiality laws while preserving the ability to analyze data and share with providers and submitting entities to ensure accuracy prior to the public release of information;

(7) Protect patient privacy in compliance with state and federal health record confidentiality laws while preserving the ability to analyze data and share with providers and submitting entities to ensure accuracy prior to the public release of information;

(8) Report to the Governor and the General Assembly on or before March 1 of each year on the status of implementing the GAPCD and any recommendations for statutory or regulatory changes, with input from the advisory committee, that would advance the purposes of this article; and

(8) Report to the Governor and the General Assembly on or before March 1 of each year on the status of implementing the GAPCD and any recommendations for statutory or regulatory changes, with input from the advisory committee, that would advance the purposes of this article; and

(9) Provide leadership and coordination of public and private health care quality and performance measurements to ensure efficiency, cost-effectiveness, transparency, and informed choice by public and private health care purchasers and consumers.

(9) Provide leadership and coordination of public and private health care quality and performance measurements to ensure efficiency, cost-effectiveness, transparency, and informed choice by public and private health care purchasers and consumers.

(b) The administrator, with input from the advisory committee, shall: (1) Incorporate and utilize publicly available data other than administrative claims data, if necessary, to measure and analyze a significant health care quality, safety, or cost issue that cannot be adequately measured with administrative claims data alone; (2) Require submitting entities to submit data necessary to implement the GAPCD; and (3) Determine the data elements to be collected, the reporting formats for data submitted, and the use and reporting of any data submitted. Data collection shall align with national, regional, and other uniform all-payer claims databases' standards when possible.

(b) The administrator, with input from the advisory committee, shall:

(1) Incorporate and utilize publicly available data other than administrative claims data, if necessary, to measure and analyze a significant health care quality, safety, or cost issue that cannot be adequately measured with administrative claims data alone;

(1) Incorporate and utilize publicly available data other than administrative claims data, if necessary, to measure and analyze a significant health care quality, safety, or cost issue that cannot be adequately measured with administrative claims data alone;

(2) Require submitting entities to submit data necessary to implement the GAPCD; and

(2) Require submitting entities to submit data necessary to implement the GAPCD; and

(3) Determine the data elements to be collected, the reporting formats for data submitted, and the use and reporting of any data submitted. Data collection shall align with national, regional, and other uniform all-payer claims databases' standards when possible.

(3) Determine the data elements to be collected, the reporting formats for data submitted, and the use and reporting of any data submitted. Data collection shall align with national, regional, and other uniform all-payer claims databases' standards when possible.

(c) The administrator, with input from the advisory committee, may: (1) Audit the accuracy of all data submitted; (2) Contract with third parties to collect and process the health care data collected pursuant to this article. The contract shall prohibit the collection of unencrypted social security numbers and the use of the data for any purpose other than those specifically authorized by the contract. The contract shall require the third party to transmit the data collected and processed under such contract to the administrator or other designated entity; and (3) Share data regionally or help develop a multistate effort if recommended by the advisory committee.

(c) The administrator, with input from the advisory committee, may:

(1) Audit the accuracy of all data submitted;

(1) Audit the accuracy of all data submitted;

(2) Contract with third parties to collect and process the health care data collected pursuant to this article. The contract shall prohibit the collection of unencrypted social security numbers and the use of the data for any purpose other than those specifically authorized by the contract. The contract shall require the third party to transmit the data collected and processed under such contract to the administrator or other designated entity; and

(2) Contract with third parties to collect and process the health care data collected pursuant to this article. The contract shall prohibit the collection of unencrypted social security numbers and the use of the data for any purpose other than those specifically authorized by the contract. The contract shall require the third party to transmit the data collected and processed under such contract to the administrator or other designated entity; and

(3) Share data regionally or help develop a multistate effort if recommended by the advisory committee.

(3) Share data regionally or help develop a multistate effort if recommended by the advisory committee.
O.C.G.A. § 31-7-12 — GA Code / Title 31 / Chapter 7 / Section 31-7-12
Georgia Code Title 31. Health § 31-7-12
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) “ Personal care home ” means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (18) of subsection (b) of Code Section 37-1-20 . (3) “ Personal services ” includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Personal services shall not include medical, nursing, or health services; provided, however, that the department shall be authorized to grant a waiver of this provision in the same manner as provided for in Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner and only to the same extent as granted on or before June 30, 2011.

(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) “ Personal care home ” means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (18) of subsection (b) of Code Section 37-1-20 .

(2) “ Personal care home ” means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (18) of subsection (b) of Code Section 37-1-20 .

(3) “ Personal services ” includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Personal services shall not include medical, nursing, or health services; provided, however, that the department shall be authorized to grant a waiver of this provision in the same manner as provided for in Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner and only to the same extent as granted on or before June 30, 2011.

(3) “ Personal services ” includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Personal services shall not include medical, nursing, or health services; provided, however, that the department shall be authorized to grant a waiver of this provision in the same manner as provided for in Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner and only to the same extent as granted on or before June 30, 2011.

(b) All personal care homes shall be licensed as provided for in Code Section 31-7-3 , except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes.

(b) All personal care homes shall be licensed as provided for in Code Section 31-7-3 , except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes.

(c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal care homes licensed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department.

(c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal care homes licensed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department.

(d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties.

(d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties.

(e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal care homes pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process.

(e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal care homes pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process.

(f) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following staffing and training requirements: (1) Ensure that each direct care staff person receives initial and annual training covering topics specified by the department to ensure a demonstrated knowledge and understanding of caring for elderly and disabled adults; and (2) Maintain an average monthly minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and one direct care staff person for every 20 residents during all nonwaking hours; provided, however, that either such ratio is adequate to meet the needs of the residents.

(f) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following staffing and training requirements:

(1) Ensure that each direct care staff person receives initial and annual training covering topics specified by the department to ensure a demonstrated knowledge and understanding of caring for elderly and disabled adults; and

(1) Ensure that each direct care staff person receives initial and annual training covering topics specified by the department to ensure a demonstrated knowledge and understanding of caring for elderly and disabled adults; and

(2) Maintain an average monthly minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and one direct care staff person for every 20 residents during all nonwaking hours; provided, however, that either such ratio is adequate to meet the needs of the residents.

(2) Maintain an average monthly minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and one direct care staff person for every 20 residents during all nonwaking hours; provided, however, that either such ratio is adequate to meet the needs of the residents.

(g) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following financial stability requirements: (1) Upon initial application for licensure or upon a change of ownership, provide a financial stability affidavit to the department from a certified public accountant affirming the applicant's or licensee's financial status. The department shall establish a mandatory financial stability affidavit form pursuant to rules and regulations to be used for purposes of this paragraph and shall assess the applicant's or licensee's financial status, in its own discretion, based on such financial stability affidavit; (2) Provide a minimum of 60 days' written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and (3) Provide a minimum of 14 days' written notice to the department and all residents of any impending change of ownership that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight.

(g) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following financial stability requirements:

(1) Upon initial application for licensure or upon a change of ownership, provide a financial stability affidavit to the department from a certified public accountant affirming the applicant's or licensee's financial status. The department shall establish a mandatory financial stability affidavit form pursuant to rules and regulations to be used for purposes of this paragraph and shall assess the applicant's or licensee's financial status, in its own discretion, based on such financial stability affidavit;

(1) Upon initial application for licensure or upon a change of ownership, provide a financial stability affidavit to the department from a certified public accountant affirming the applicant's or licensee's financial status. The department shall establish a mandatory financial stability affidavit form pursuant to rules and regulations to be used for purposes of this paragraph and shall assess the applicant's or licensee's financial status, in its own discretion, based on such financial stability affidavit;

(2) Provide a minimum of 60 days' written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and

(2) Provide a minimum of 60 days' written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and

(3) Provide a minimum of 14 days' written notice to the department and all residents of any impending change of ownership that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight.

(3) Provide a minimum of 14 days' written notice to the department and all residents of any impending change of ownership that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight.

(h)(1) A personal care home with 25 or more beds which operates a memory care center in its facility may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this subsection. Any such personal care home may utilize certified medication aides in its memory care center and anywhere in the same building in which the memory care center is located. A personal care home that employs one or more certified medication aides must have a safe medication and treatment administration system that meets all the requirements of this subsection. (2) A personal care home may not employ an individual as a medication aide unless such individual is listed in the medication aide registry established by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 in good standing. An applicant for certification as a medication aide shall meet the qualifications contained in paragraph (3) of subsection (g) of Code Section 31-7-12.2 . (3) A personal care home shall annually conduct a comprehensive clinical skills competency review of each medication aide employed by the personal care home. (4) A medication aide who meets the criteria established in this subsection shall be permitted to perform the following tasks in a personal care home in accordance with the written instructions of a physician: (A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications; (B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol; (C) Administer medication via a metered dose inhaler; (D) Conduct finger stick blood glucose testing following established protocol; (E) Administer a commercially prepared disposable enema as ordered by a physician; (F) Assist residents in the supervision of self-administration of medication; and (G) Administer liquid morphine to a resident of the personal care home who is the patient of a licensed hospice, pursuant to a hospice physician's written order that contains specific instructions for indication, dosage, frequency, and route of administration, provided that the licensed hospice consents to the use and administration of liquid morphine as described in this subparagraph. The medication aide shall observe and document the resident's need for all “as needed” (PRN) liquid morphine in such resident's record and such indications of need may include verbalizations of pain, groaning, grimacing, or restlessness. The initial dose of any liquid morphine administered pursuant to this subparagraph shall be administered and assessed by a licensed hospice health care professional to observe and address any adverse reactions to such medication. The personal care home shall ensure that any medication aides who will be administering liquid morphine to any hospice patients in such personal care home pursuant to this subparagraph receive adequate training from a licensed hospice on the safe and proper administration of liquid morphine prior to such administration and on an annual basis thereafter. The personal care home shall maintain documentation of all training provided and shall adhere to all security and storage requirements for liquid morphine required under state and federal law, including but not limited to, any rules promulgated by the department. Notwithstanding the foregoing, the supply of liquid morphine on-site at the personal care home shall be limited to no more than 50 ml for each hospice patient in the personal care home and shall only be administered under limited circumstances when a licensed hospice health care professional is not otherwise available. The department shall promulgate rules and regulations to implement this subparagraph. (5) A medication aide shall record in the medication administration record all medications that such medication aide has personally administered to a resident of a personal care home and any refusal of a resident to take a medication. A medication aide shall observe a resident to whom medication has been administered and shall report any changes in the condition of such resident to the personal representative or legal surrogate of such resident. (6) All medication administered by a medication aide in accordance with this subsection shall be in unit or multidose packaging. (7) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall secure the services of a licensed pharmacist to perform the following duties: (A) Perform a quarterly review of the drug regimen of each resident of the personal care home and report any irregularities to the personal care home administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the resident for whom such drugs were ordered is no longer a resident; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (D) Monitor compliance with established policies and procedures for medication handling and storage. (8) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall ensure that each medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct random medication administration observations on a quarterly basis and report any issues to the personal care home administrator.

(h)(1) A personal care home with 25 or more beds which operates a memory care center in its facility may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this subsection. Any such personal care home may utilize certified medication aides in its memory care center and anywhere in the same building in which the memory care center is located. A personal care home that employs one or more certified medication aides must have a safe medication and treatment administration system that meets all the requirements of this subsection.

(h)(1) A personal care home with 25 or more beds which operates a memory care center in its facility may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this subsection. Any such personal care home may utilize certified medication aides in its memory care center and anywhere in the same building in which the memory care center is located. A personal care home that employs one or more certified medication aides must have a safe medication and treatment administration system that meets all the requirements of this subsection.

(2) A personal care home may not employ an individual as a medication aide unless such individual is listed in the medication aide registry established by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 in good standing. An applicant for certification as a medication aide shall meet the qualifications contained in paragraph (3) of subsection (g) of Code Section 31-7-12.2 .

(2) A personal care home may not employ an individual as a medication aide unless such individual is listed in the medication aide registry established by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 in good standing. An applicant for certification as a medication aide shall meet the qualifications contained in paragraph (3) of subsection (g) of Code Section 31-7-12.2 .

(3) A personal care home shall annually conduct a comprehensive clinical skills competency review of each medication aide employed by the personal care home.

(3) A personal care home shall annually conduct a comprehensive clinical skills competency review of each medication aide employed by the personal care home.

(4) A medication aide who meets the criteria established in this subsection shall be permitted to perform the following tasks in a personal care home in accordance with the written instructions of a physician: (A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications; (B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol; (C) Administer medication via a metered dose inhaler; (D) Conduct finger stick blood glucose testing following established protocol; (E) Administer a commercially prepared disposable enema as ordered by a physician; (F) Assist residents in the supervision of self-administration of medication; and (G) Administer liquid morphine to a resident of the personal care home who is the patient of a licensed hospice, pursuant to a hospice physician's written order that contains specific instructions for indication, dosage, frequency, and route of administration, provided that the licensed hospice consents to the use and administration of liquid morphine as described in this subparagraph. The medication aide shall observe and document the resident's need for all “as needed” (PRN) liquid morphine in such resident's record and such indications of need may include verbalizations of pain, groaning, grimacing, or restlessness. The initial dose of any liquid morphine administered pursuant to this subparagraph shall be administered and assessed by a licensed hospice health care professional to observe and address any adverse reactions to such medication. The personal care home shall ensure that any medication aides who will be administering liquid morphine to any hospice patients in such personal care home pursuant to this subparagraph receive adequate training from a licensed hospice on the safe and proper administration of liquid morphine prior to such administration and on an annual basis thereafter. The personal care home shall maintain documentation of all training provided and shall adhere to all security and storage requirements for liquid morphine required under state and federal law, including but not limited to, any rules promulgated by the department. Notwithstanding the foregoing, the supply of liquid morphine on-site at the personal care home shall be limited to no more than 50 ml for each hospice patient in the personal care home and shall only be administered under limited circumstances when a licensed hospice health care professional is not otherwise available. The department shall promulgate rules and regulations to implement this subparagraph.

(4) A medication aide who meets the criteria established in this subsection shall be permitted to perform the following tasks in a personal care home in accordance with the written instructions of a physician:

(A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications;

(A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications;

(B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol;

(B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol;

(C) Administer medication via a metered dose inhaler;

(C) Administer medication via a metered dose inhaler;

(D) Conduct finger stick blood glucose testing following established protocol;

(D) Conduct finger stick blood glucose testing following established protocol;

(E) Administer a commercially prepared disposable enema as ordered by a physician;

(E) Administer a commercially prepared disposable enema as ordered by a physician;

(F) Assist residents in the supervision of self-administration of medication; and

(F) Assist residents in the supervision of self-administration of medication; and

(G) Administer liquid morphine to a resident of the personal care home who is the patient of a licensed hospice, pursuant to a hospice physician's written order that contains specific instructions for indication, dosage, frequency, and route of administration, provided that the licensed hospice consents to the use and administration of liquid morphine as described in this subparagraph. The medication aide shall observe and document the resident's need for all “as needed” (PRN) liquid morphine in such resident's record and such indications of need may include verbalizations of pain, groaning, grimacing, or restlessness. The initial dose of any liquid morphine administered pursuant to this subparagraph shall be administered and assessed by a licensed hospice health care professional to observe and address any adverse reactions to such medication. The personal care home shall ensure that any medication aides who will be administering liquid morphine to any hospice patients in such personal care home pursuant to this subparagraph receive adequate training from a licensed hospice on the safe and proper administration of liquid morphine prior to such administration and on an annual basis thereafter. The personal care home shall maintain documentation of all training provided and shall adhere to all security and storage requirements for liquid morphine required under state and federal law, including but not limited to, any rules promulgated by the department. Notwithstanding the foregoing, the supply of liquid morphine on-site at the personal care home shall be limited to no more than 50 ml for each hospice patient in the personal care home and shall only be administered under limited circumstances when a licensed hospice health care professional is not otherwise available. The department shall promulgate rules and regulations to implement this subparagraph.

(G) Administer liquid morphine to a resident of the personal care home who is the patient of a licensed hospice, pursuant to a hospice physician's written order that contains specific instructions for indication, dosage, frequency, and route of administration, provided that the licensed hospice consents to the use and administration of liquid morphine as described in this subparagraph. The medication aide shall observe and document the resident's need for all “as needed” (PRN) liquid morphine in such resident's record and such indications of need may include verbalizations of pain, groaning, grimacing, or restlessness. The initial dose of any liquid morphine administered pursuant to this subparagraph shall be administered and assessed by a licensed hospice health care professional to observe and address any adverse reactions to such medication. The personal care home shall ensure that any medication aides who will be administering liquid morphine to any hospice patients in such personal care home pursuant to this subparagraph receive adequate training from a licensed hospice on the safe and proper administration of liquid morphine prior to such administration and on an annual basis thereafter. The personal care home shall maintain documentation of all training provided and shall adhere to all security and storage requirements for liquid morphine required under state and federal law, including but not limited to, any rules promulgated by the department. Notwithstanding the foregoing, the supply of liquid morphine on-site at the personal care home shall be limited to no more than 50 ml for each hospice patient in the personal care home and shall only be administered under limited circumstances when a licensed hospice health care professional is not otherwise available. The department shall promulgate rules and regulations to implement this subparagraph.

(5) A medication aide shall record in the medication administration record all medications that such medication aide has personally administered to a resident of a personal care home and any refusal of a resident to take a medication. A medication aide shall observe a resident to whom medication has been administered and shall report any changes in the condition of such resident to the personal representative or legal surrogate of such resident.

(5) A medication aide shall record in the medication administration record all medications that such medication aide has personally administered to a resident of a personal care home and any refusal of a resident to take a medication. A medication aide shall observe a resident to whom medication has been administered and shall report any changes in the condition of such resident to the personal representative or legal surrogate of such resident.

(6) All medication administered by a medication aide in accordance with this subsection shall be in unit or multidose packaging.

(6) All medication administered by a medication aide in accordance with this subsection shall be in unit or multidose packaging.

(7) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall secure the services of a licensed pharmacist to perform the following duties: (A) Perform a quarterly review of the drug regimen of each resident of the personal care home and report any irregularities to the personal care home administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the resident for whom such drugs were ordered is no longer a resident; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (D) Monitor compliance with established policies and procedures for medication handling and storage.

(7) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall secure the services of a licensed pharmacist to perform the following duties:

(A) Perform a quarterly review of the drug regimen of each resident of the personal care home and report any irregularities to the personal care home administrator;

(A) Perform a quarterly review of the drug regimen of each resident of the personal care home and report any irregularities to the personal care home administrator;

(B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the resident for whom such drugs were ordered is no longer a resident;

(B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the resident for whom such drugs were ordered is no longer a resident;

(C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and

(C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and

(D) Monitor compliance with established policies and procedures for medication handling and storage.

(D) Monitor compliance with established policies and procedures for medication handling and storage.

(8) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall ensure that each medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct random medication administration observations on a quarterly basis and report any issues to the personal care home administrator.

(8) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall ensure that each medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct random medication administration observations on a quarterly basis and report any issues to the personal care home administrator.
O.C.G.A. § 31-11-135 — GA Code / Title 31 / Chapter 11 / Section 31-11-135
Georgia Code Title 31. Health § 31-11-135
Status: in_force

(a) In order to encourage and ensure the establishment of emergency cardiac care centers throughout the state, the office shall award grants, subject to appropriations from the General Assembly, to hospitals that seek designation as emergency cardiac care centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for designation as an emergency cardiac care center pursuant to this article.

(a) In order to encourage and ensure the establishment of emergency cardiac care centers throughout the state, the office shall award grants, subject to appropriations from the General Assembly, to hospitals that seek designation as emergency cardiac care centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for designation as an emergency cardiac care center pursuant to this article.

(b) A hospital seeking designation as an emergency cardiac care center pursuant to this article may apply to the office for a grant, in a manner and on a form required by the office, and provide such information as the office deems necessary to determine if the hospital is eligible for such grant.

(b) A hospital seeking designation as an emergency cardiac care center pursuant to this article may apply to the office for a grant, in a manner and on a form required by the office, and provide such information as the office deems necessary to determine if the hospital is eligible for such grant.

(c) The office may provide grants to as many hospitals as it deems appropriate, subject to appropriations from the General Assembly, taking into consideration adequate geographic diversity with respect to locations.

(c) The office may provide grants to as many hospitals as it deems appropriate, subject to appropriations from the General Assembly, taking into consideration adequate geographic diversity with respect to locations.

(d) The office shall annually prepare and submit to the Office of Health Strategy and Coordination a report indicating the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the office to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee, and the amount of the award to each grantee.

(d) The office shall annually prepare and submit to the Office of Health Strategy and Coordination a report indicating the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the office to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee, and the amount of the award to each grantee.
O.C.G.A. § 31-7-12-4 — GA Code / Title 31 / Chapter 7 / Section 31-7-12-4
Georgia Code Title 31. Health § 31-7-12.4
Status: in_force

(a) As used in this Code section, the term: (1) “ Alzheimer's ” means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior. (2) “ Assisted living community ” means a facility licensed pursuant to Code Section 31-7-12.2 . (3) “ Certificate ” means a certificate issued by the department pursuant to this Code section to operate a memory care center. (4) “ Dementia ” means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy body dementia, frontotemporal dementia, and vascular dementia. (5) “ 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 . (6) “ Memory care center ” means a freestanding or incorporated specialized unit within an assisted living community or personal care home that either: (A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or (B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents. (7) “ Personal care home ” means a facility licensed pursuant to Code Section 31-7-12 .

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

(1) “ Alzheimer's ” means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior.

(1) “ Alzheimer's ” means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior.

(2) “ Assisted living community ” means a facility licensed pursuant to Code Section 31-7-12.2 .

(2) “ Assisted living community ” means a facility licensed pursuant to Code Section 31-7-12.2 .

(3) “ Certificate ” means a certificate issued by the department pursuant to this Code section to operate a memory care center.

(3) “ Certificate ” means a certificate issued by the department pursuant to this Code section to operate a memory care center.

(4) “ Dementia ” means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy body dementia, frontotemporal dementia, and vascular dementia.

(4) “ Dementia ” means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy body dementia, frontotemporal dementia, and vascular dementia.

(5) “ 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 .

(5) “ 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 .

(6) “ Memory care center ” means a freestanding or incorporated specialized unit within an assisted living community or personal care home that either: (A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or (B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents.

(6) “ Memory care center ” means a freestanding or incorporated specialized unit within an assisted living community or personal care home that either:

(A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or

(A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or

(B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents.

(B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents.

(7) “ Personal care home ” means a facility licensed pursuant to Code Section 31-7-12 .

(7) “ Personal care home ” means a facility licensed pursuant to Code Section 31-7-12 .

(b) On and after July 1, 2021, no assisted living community or personal care home shall operate a memory care center without first obtaining a certificate from the department. A certificate issued pursuant to this Code section shall not be assignable or transferable. In order to receive a certificate from the department to operate a memory care center, an applicant shall meet and be subject to the requirements contained in this Code section and in rules and regulations established by the department.

(b) On and after July 1, 2021, no assisted living community or personal care home shall operate a memory care center without first obtaining a certificate from the department. A certificate issued pursuant to this Code section shall not be assignable or transferable. In order to receive a certificate from the department to operate a memory care center, an applicant shall meet and be subject to the requirements contained in this Code section and in rules and regulations established by the department.

(c)(1) A memory care center shall meet the following minimum staffing requirements: (A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents; (B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site at all times; (C) Two direct care staff persons on-site at all times; and (D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows: (i) For memory care centers with one to 12 residents, a minimum of eight hours per week; (ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week; (iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or (iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week. (2) A memory care center shall meet the following training requirements: (A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include: (i) Basic information about the nature, progression, and management of Alzheimer's and other dementias; (ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias; (iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and (iv) Techniques for successful communication with individuals with Alzheimer's and other dementias; (B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes: (i) General training, to include: (I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and (VII) Cardiopulmonary resuscitation; and (ii) Specialized training in dementia care, to include: (I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias; (C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and (D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided.

(c)(1) A memory care center shall meet the following minimum staffing requirements: (A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents; (B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site at all times; (C) Two direct care staff persons on-site at all times; and (D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows: (i) For memory care centers with one to 12 residents, a minimum of eight hours per week; (ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week; (iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or (iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week.

(c)(1) A memory care center shall meet the following minimum staffing requirements:

(A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents;

(A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents;

(B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site at all times;

(B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site at all times;

(C) Two direct care staff persons on-site at all times; and

(C) Two direct care staff persons on-site at all times; and

(D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows: (i) For memory care centers with one to 12 residents, a minimum of eight hours per week; (ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week; (iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or (iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week.

(D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows:

(i) For memory care centers with one to 12 residents, a minimum of eight hours per week;

(i) For memory care centers with one to 12 residents, a minimum of eight hours per week;

(ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week;

(ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week;

(iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or

(iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or

(iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week.

(iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week.

(2) A memory care center shall meet the following training requirements: (A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include: (i) Basic information about the nature, progression, and management of Alzheimer's and other dementias; (ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias; (iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and (iv) Techniques for successful communication with individuals with Alzheimer's and other dementias; (B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes: (i) General training, to include: (I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and (VII) Cardiopulmonary resuscitation; and (ii) Specialized training in dementia care, to include: (I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias; (C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and (D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided.

(2) A memory care center shall meet the following training requirements:

(A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include: (i) Basic information about the nature, progression, and management of Alzheimer's and other dementias; (ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias; (iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and (iv) Techniques for successful communication with individuals with Alzheimer's and other dementias;

(A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include:

(i) Basic information about the nature, progression, and management of Alzheimer's and other dementias;

(i) Basic information about the nature, progression, and management of Alzheimer's and other dementias;

(ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias;

(ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias;

(iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and

(iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and

(iv) Techniques for successful communication with individuals with Alzheimer's and other dementias;

(iv) Techniques for successful communication with individuals with Alzheimer's and other dementias;

(B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes: (i) General training, to include: (I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and (VII) Cardiopulmonary resuscitation; and (ii) Specialized training in dementia care, to include: (I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias;

(B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes:

(i) General training, to include: (I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and (VII) Cardiopulmonary resuscitation; and

(i) General training, to include:

(I) Development, updating, and implementation of comprehensive and individual service plans;

(I) Development, updating, and implementation of comprehensive and individual service plans;

(II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention;

(II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention;

(III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation;

(III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation;

(IV) General infection control principles;

(IV) General infection control principles;

(V) Emergency preparedness training;

(V) Emergency preparedness training;

(VI) Emergency first aid; and

(VI) Emergency first aid; and

(VII) Cardiopulmonary resuscitation; and

(VII) Cardiopulmonary resuscitation; and

(ii) Specialized training in dementia care, to include: (I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias;

(ii) Specialized training in dementia care, to include:

(I) The nature of Alzheimer's and other dementias;

(I) The nature of Alzheimer's and other dementias;

(II) The center's philosophy related to the care of residents with Alzheimer's and other dementias;

(II) The center's philosophy related to the care of residents with Alzheimer's and other dementias;

(III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias;

(III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias;

(IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias;

(IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias;

(V) Positive therapeutic interventions and activities;

(V) Positive therapeutic interventions and activities;

(VI) Skills for maintaining the safety of the resident; and

(VI) Skills for maintaining the safety of the resident; and

(VII) The role of the family in caring for residents with Alzheimer's and other dementias;

(VII) The role of the family in caring for residents with Alzheimer's and other dementias;

(C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and

(C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and

(D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided.

(D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided.

(d) The department shall establish such other requirements as deemed necessary to protect the well-being of residents with Alzheimer's and other dementias, which shall include, but shall not be limited to, requirements relating to: (1) Admission policies and procedures, assessment of residents, and development of written care plans; (2) Physical design, environment, and safety measures to accommodate and protect residents; and (3) Measures and protocols to address and prevent the elopement of residents, including appropriate safety devices and maintaining current photographs of residents.

(d) The department shall establish such other requirements as deemed necessary to protect the well-being of residents with Alzheimer's and other dementias, which shall include, but shall not be limited to, requirements relating to:

(1) Admission policies and procedures, assessment of residents, and development of written care plans;

(1) Admission policies and procedures, assessment of residents, and development of written care plans;

(2) Physical design, environment, and safety measures to accommodate and protect residents; and

(2) Physical design, environment, and safety measures to accommodate and protect residents; and

(3) Measures and protocols to address and prevent the elopement of residents, including appropriate safety devices and maintaining current photographs of residents.

(3) Measures and protocols to address and prevent the elopement of residents, including appropriate safety devices and maintaining current photographs of residents.

(e) The department shall promulgate rules and regulations to implement the provisions of this Code section.

(e) The department shall promulgate rules and regulations to implement the provisions of this Code section.

(f) In accordance with subsection (b) of Code Section 31-2-7 , the department upon application or petition may, in its discretion, grant variances and waivers of the rules and regulations applicable to memory care centers.

(f) In accordance with subsection (b) of Code Section 31-2-7 , the department upon application or petition may, in its discretion, grant variances and waivers of the rules and regulations applicable to memory care centers.
O.C.G.A. § 31-2a-18 — GA Code / Title 31 / Chapter 2A / Section 31-2a-18
Georgia Code Title 31. Health § 31-2A-18
Status: in_force

(a) As used in this Code section, the term: (1) “ Board ” means the Georgia Composite Medical Board. (2) “ Caregiver ” means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult. (3) “ Condition ” means: (A) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting; (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end stage; (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries; (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage; (E) Crohn's disease; (F) Mitochondrial disease; (G) Parkinson's disease, when such disease is diagnosed as severe or end stage; (H) Sickle cell disease, when such disease is diagnosed as severe or end stage; (I) Tourette's syndrome, when such syndrome is diagnosed as severe; (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at least 18 years of age, or severe autism, when diagnosed for a patient who is less than 18 years of age; (K) Epidermolysis bullosa; (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage; (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as severe or end stage; (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage; (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing of a trauma for a patient who is at least 18 years of age; or (P) Intractable pain. (4) “ Department ” means the Department of Public Health. (5) “ Intractable pain ” means pain that has a cause that cannot be removed and for which, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used for a period of at least six months without adequate results or with intolerable side effects. (6) “ Low THC oil ” shall have the same meaning as set forth in Code Section 16-12-190 . (7) “ Physician ” means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (8) “ Registry ” means the Low THC Oil Patient Registry.

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

(1) “ Board ” means the Georgia Composite Medical Board.

(1) “ Board ” means the Georgia Composite Medical Board.

(2) “ Caregiver ” means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult.

(2) “ Caregiver ” means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult.

(3) “ Condition ” means: (A) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting; (B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end stage; (C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries; (D) Multiple sclerosis, when such disease is diagnosed as severe or end stage; (E) Crohn's disease; (F) Mitochondrial disease; (G) Parkinson's disease, when such disease is diagnosed as severe or end stage; (H) Sickle cell disease, when such disease is diagnosed as severe or end stage; (I) Tourette's syndrome, when such syndrome is diagnosed as severe; (J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at least 18 years of age, or severe autism, when diagnosed for a patient who is less than 18 years of age; (K) Epidermolysis bullosa; (L) Alzheimer's disease, when such disease is diagnosed as severe or end stage; (M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as severe or end stage; (N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage; (O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing of a trauma for a patient who is at least 18 years of age; or (P) Intractable pain.

(3) “ Condition ” means:

(A) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting;

(A) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting;

(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end stage;

(B) Amyotrophic lateral sclerosis, when such disease is diagnosed as severe or end stage;

(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;

(C) Seizure disorders related to a diagnosis of epilepsy or trauma related head injuries;

(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;

(D) Multiple sclerosis, when such disease is diagnosed as severe or end stage;

(E) Crohn's disease;

(E) Crohn's disease;

(F) Mitochondrial disease;

(F) Mitochondrial disease;

(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;

(G) Parkinson's disease, when such disease is diagnosed as severe or end stage;

(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;

(H) Sickle cell disease, when such disease is diagnosed as severe or end stage;

(I) Tourette's syndrome, when such syndrome is diagnosed as severe;

(I) Tourette's syndrome, when such syndrome is diagnosed as severe;

(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at least 18 years of age, or severe autism, when diagnosed for a patient who is less than 18 years of age;

(J) Autism spectrum disorder, when such disorder is diagnosed for a patient who is at least 18 years of age, or severe autism, when diagnosed for a patient who is less than 18 years of age;

(K) Epidermolysis bullosa;

(K) Epidermolysis bullosa;

(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;

(L) Alzheimer's disease, when such disease is diagnosed as severe or end stage;

(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as severe or end stage;

(M) Acquired immune deficiency syndrome, when such syndrome is diagnosed as severe or end stage;

(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;

(N) Peripheral neuropathy, when such symptoms are diagnosed as severe or end stage;

(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing of a trauma for a patient who is at least 18 years of age; or

(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing of a trauma for a patient who is at least 18 years of age; or

(P) Intractable pain.

(P) Intractable pain.

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

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

(5) “ Intractable pain ” means pain that has a cause that cannot be removed and for which, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used for a period of at least six months without adequate results or with intolerable side effects.

(5) “ Intractable pain ” means pain that has a cause that cannot be removed and for which, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used for a period of at least six months without adequate results or with intolerable side effects.

(6) “ Low THC oil ” shall have the same meaning as set forth in Code Section 16-12-190 .

(6) “ Low THC oil ” shall have the same meaning as set forth in Code Section 16-12-190 .

(7) “ Physician ” means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.

(7) “ Physician ” means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.

(8) “ Registry ” means the Low THC Oil Patient Registry.

(8) “ Registry ” means the Low THC Oil Patient Registry.

(b) There is established within the department the Low THC Oil Patient Registry.

(b) There is established within the department the Low THC Oil Patient Registry.

(c) The purpose of the registry is to provide a registration of individuals and caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to individuals and caregivers.

(c) The purpose of the registry is to provide a registration of individuals and caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to individuals and caregivers.

(d) The department shall issue a registration card to individuals who have been certified to the department by his or her physician as being diagnosed with a condition or is an inpatient or outpatient in a hospice program and have been authorized by such physician to use low THC oil as treatment. The department shall issue a registration card to a caregiver when the circumstances warrant the issuance of such card. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying an individual as needing low THC oil and physicians shall be required to be treating such individual for the specific condition requiring such treatment or be treating such individual in a hospice program. A physician shall seek and review information about a patient from the prescription drug monitoring program data base established pursuant to Code Section 16-13-57 prior to certifying such patient to the department as being diagnosed with a specific condition that requires the use of low THC oil as treatment.

(d) The department shall issue a registration card to individuals who have been certified to the department by his or her physician as being diagnosed with a condition or is an inpatient or outpatient in a hospice program and have been authorized by such physician to use low THC oil as treatment. The department shall issue a registration card to a caregiver when the circumstances warrant the issuance of such card. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying an individual as needing low THC oil and physicians shall be required to be treating such individual for the specific condition requiring such treatment or be treating such individual in a hospice program. A physician shall seek and review information about a patient from the prescription drug monitoring program data base established pursuant to Code Section 16-13-57 prior to certifying such patient to the department as being diagnosed with a specific condition that requires the use of low THC oil as treatment.

(e) The board shall require physicians to issue semiannual reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular condition, patient clinical responses, levels of tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance, responses to treatment, side effects, and drug interactions. Such reports shall be used for research purposes to determine the efficacy of the use of low THC oil as a treatment for conditions.

(e) The board shall require physicians to issue semiannual reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular condition, patient clinical responses, levels of tetrahydrocannabinol or tetrahydrocannabinolic acid present in test results, compliance, responses to treatment, side effects, and drug interactions. Such reports shall be used for research purposes to determine the efficacy of the use of low THC oil as a treatment for conditions.

(f) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed, subject to the provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191 , and any regulations promulgated thereunder: (1) Upon written request of an individual or caregiver registered pursuant to this Code section for information related to the individual or his or her caregiver; (2) To peace officers and prosecuting attorneys for the purpose of: (A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section; and (3) To government entities and other entities for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing all personal identifiers from the health information and removing all information that could be used to identify prescribers.

(f) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed, subject to the provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191 , and any regulations promulgated thereunder:

(1) Upon written request of an individual or caregiver registered pursuant to this Code section for information related to the individual or his or her caregiver;

(1) Upon written request of an individual or caregiver registered pursuant to this Code section for information related to the individual or his or her caregiver;

(2) To peace officers and prosecuting attorneys for the purpose of: (A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section; and

(2) To peace officers and prosecuting attorneys for the purpose of:

(A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or

(A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or

(B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section; and

(B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section; and

(3) To government entities and other entities for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing all personal identifiers from the health information and removing all information that could be used to identify prescribers.

(3) To government entities and other entities for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing all personal identifiers from the health information and removing all information that could be used to identify prescribers.

(g) The board shall develop a waiver form that will advise that the use of cannabinoids and THC containing products have not been approved by the FDA and the clinical benefits are unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his or her approval for registration.

(g) The board shall develop a waiver form that will advise that the use of cannabinoids and THC containing products have not been approved by the FDA and the clinical benefits are unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his or her approval for registration.

(h) The board, in coordination with the Department of Public Health, shall annually review the conditions included in paragraph (3) of subsection (a) of this Code section and recommend additional conditions that have been shown through medical research to be effectively treated with low THC oil. Such recommendations shall include recommended dosages for a particular condition, patient responses to treatment with respect to the particular condition, and drug interactions with other drugs commonly taken by patients with the particular condition. Such recommendations shall be made jointly by the board and the Department of Public Health to the General Assembly no later than December 1 of each year.

(h) The board, in coordination with the Department of Public Health, shall annually review the conditions included in paragraph (3) of subsection (a) of this Code section and recommend additional conditions that have been shown through medical research to be effectively treated with low THC oil. Such recommendations shall include recommended dosages for a particular condition, patient responses to treatment with respect to the particular condition, and drug interactions with other drugs commonly taken by patients with the particular condition. Such recommendations shall be made jointly by the board and the Department of Public Health to the General Assembly no later than December 1 of each year.
O.C.G.A. § 31-7-70 — GA Code / Title 31 / Chapter 7 / Section 31-7-70
Georgia Code Title 31. Health § 31-7-70
Status: in_force

This article shall be known and may be cited as the “Hospital Authorities Law.”
O.C.G.A. § 31-1-25 — GA Code / Title 31 / Chapter 1 / Section 31-1-25
Georgia Code Title 31. Health § 31-1-25
Status: in_force

(a) As used in this Code section, the term: (1) “ Cancer clinical trial ” means a research study that tests a new cancer treatment regimen on patients, including chemotherapy and other new treatments. (2) “ Inducement ” means paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial. (3) “ Patient-subject ” means a person participating in a cancer clinical trial.

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

(1) “ Cancer clinical trial ” means a research study that tests a new cancer treatment regimen on patients, including chemotherapy and other new treatments.

(1) “ Cancer clinical trial ” means a research study that tests a new cancer treatment regimen on patients, including chemotherapy and other new treatments.

(2) “ Inducement ” means paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.

(2) “ Inducement ” means paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.

(3) “ Patient-subject ” means a person participating in a cancer clinical trial.

(3) “ Patient-subject ” means a person participating in a cancer clinical trial.

(b) All sponsors of cancer clinical trials shall provide potential patient-subjects at the time of the informed consent process the following information: (1) Whether reimbursement for travel and ancillary costs may be available to patient-subjects; (2) That coverage of the travel and ancillary costs is provided to eliminate financial barriers to enrollment in order to retain patient-subjects in the cancer clinical trial; and (3) Whether family members, friends, or chaperones who attend the cancer clinical trial treatments to support the patient-subject may be eligible for reimbursement of their travel and ancillary costs.

(b) All sponsors of cancer clinical trials shall provide potential patient-subjects at the time of the informed consent process the following information:

(1) Whether reimbursement for travel and ancillary costs may be available to patient-subjects;

(1) Whether reimbursement for travel and ancillary costs may be available to patient-subjects;

(2) That coverage of the travel and ancillary costs is provided to eliminate financial barriers to enrollment in order to retain patient-subjects in the cancer clinical trial; and

(2) That coverage of the travel and ancillary costs is provided to eliminate financial barriers to enrollment in order to retain patient-subjects in the cancer clinical trial; and

(3) Whether family members, friends, or chaperones who attend the cancer clinical trial treatments to support the patient-subject may be eligible for reimbursement of their travel and ancillary costs.

(3) Whether family members, friends, or chaperones who attend the cancer clinical trial treatments to support the patient-subject may be eligible for reimbursement of their travel and ancillary costs.

(c)(1) Reimbursement of travel, ancillary costs, and other direct patient incurred expenses related to cancer clinical trial participation shall not be considered an undue inducement for participation in a cancer clinical trial. (2) Reimbursement for travel and ancillary costs shall not be considered coercive or as exerting undue influence for participation in a cancer clinical trial, but rather, shall be considered a means to create parity in cancer clinical trial access and remove a barrier to participation for financially burdened patient-subjects. (3) Government, industry, public charities, private foundations and other nonprofit organizations, associations, corporations and other business entities, individuals, and any other legal or commercial entities may offer financial support to patient-subjects, or the family members, friends, or chaperones of patient-subjects, to cover ancillary costs through their support of a reimbursement entity or program.

(c)(1) Reimbursement of travel, ancillary costs, and other direct patient incurred expenses related to cancer clinical trial participation shall not be considered an undue inducement for participation in a cancer clinical trial.

(c)(1) Reimbursement of travel, ancillary costs, and other direct patient incurred expenses related to cancer clinical trial participation shall not be considered an undue inducement for participation in a cancer clinical trial.

(2) Reimbursement for travel and ancillary costs shall not be considered coercive or as exerting undue influence for participation in a cancer clinical trial, but rather, shall be considered a means to create parity in cancer clinical trial access and remove a barrier to participation for financially burdened patient-subjects.

(2) Reimbursement for travel and ancillary costs shall not be considered coercive or as exerting undue influence for participation in a cancer clinical trial, but rather, shall be considered a means to create parity in cancer clinical trial access and remove a barrier to participation for financially burdened patient-subjects.

(3) Government, industry, public charities, private foundations and other nonprofit organizations, associations, corporations and other business entities, individuals, and any other legal or commercial entities may offer financial support to patient-subjects, or the family members, friends, or chaperones of patient-subjects, to cover ancillary costs through their support of a reimbursement entity or program.

(3) Government, industry, public charities, private foundations and other nonprofit organizations, associations, corporations and other business entities, individuals, and any other legal or commercial entities may offer financial support to patient-subjects, or the family members, friends, or chaperones of patient-subjects, to cover ancillary costs through their support of a reimbursement entity or program.

(d)(1) Language informing patient-subjects that reimbursement entities or programs that cover travel, ancillary costs, and other direct patient incurred expenses may be available shall be submitted for review to the relevant federally designated institutional review board in conjunction with the review of a proposed cancer clinical trial and included in the informed consent form approved by the institutional review board. (2) A reimbursement entity or program shall disclose the nature of the ancillary support and general guidelines on financial eligibility to interested patient-subjects and shall employ a reimbursement process that conforms to federal law and guidance.

(d)(1) Language informing patient-subjects that reimbursement entities or programs that cover travel, ancillary costs, and other direct patient incurred expenses may be available shall be submitted for review to the relevant federally designated institutional review board in conjunction with the review of a proposed cancer clinical trial and included in the informed consent form approved by the institutional review board.

(d)(1) Language informing patient-subjects that reimbursement entities or programs that cover travel, ancillary costs, and other direct patient incurred expenses may be available shall be submitted for review to the relevant federally designated institutional review board in conjunction with the review of a proposed cancer clinical trial and included in the informed consent form approved by the institutional review board.

(2) A reimbursement entity or program shall disclose the nature of the ancillary support and general guidelines on financial eligibility to interested patient-subjects and shall employ a reimbursement process that conforms to federal law and guidance.

(2) A reimbursement entity or program shall disclose the nature of the ancillary support and general guidelines on financial eligibility to interested patient-subjects and shall employ a reimbursement process that conforms to federal law and guidance.
O.C.G.A. § 31-2a-8 — GA Code / Title 31 / Chapter 2A / Section 31-2a-8
Georgia Code Title 31. Health § 31-2A-8
Status: in_force

The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law. The department shall have the authority to prescribe the purposes for which such funds may be used in order to:

(1) Provide, extend, and improve maternal and child health services;

(1) Provide, extend, and improve maternal and child health services;

(2) Locate children already disabled or suffering from conditions leading to a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare;

(2) Locate children already disabled or suffering from conditions leading to a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare;

(3) Advance the prevention and control of cancer and of sexually transmitted, tubercular, and other diseases;

(3) Advance the prevention and control of cancer and of sexually transmitted, tubercular, and other diseases;

(4) Forestall and correct conditions that, if left to run their course, could be injurious to health;

(4) Forestall and correct conditions that, if left to run their course, could be injurious to health;

(5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources;

(5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources;

(6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities;

(6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities;

(7) Conduct programs: (A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the physical health of the people of this state which are appropriate to the purpose of the department; and

(7) Conduct programs:

(A) Relating to chronic illness;

(A) Relating to chronic illness;

(B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and

(B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and

(C) Relating to the physical health of the people of this state which are appropriate to the purpose of the department; and

(C) Relating to the physical health of the people of this state which are appropriate to the purpose of the department; and

(8) Develop the health aspects of emergency preparedness and emergency response.

(8) Develop the health aspects of emergency preparedness and emergency response.

When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source.
O.C.G.A. § 31-5-5 — GA Code / Title 31 / Chapter 5 / Section 31-5-5
Georgia Code Title 31. Health § 31-5-5
Status: in_force

The department and county boards of health are authorized by regulation to classify as confidential and privileged documents, reports and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions, where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interests of justice.
O.C.G.A. § 31-8-32 — GA Code / Title 31 / Chapter 8 / Section 31-8-32
Georgia Code Title 31. Health § 31-8-32
Status: in_force

(a) The commissioner of community health shall adopt state-wide standards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients receiving services in state hospitals as authorized by state law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by state hospitals.

(a) The commissioner of community health shall adopt state-wide standards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients receiving services in state hospitals as authorized by state law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by state hospitals.

(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer of each hospital within 15 days after its adoption.

(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer of each hospital within 15 days after its adoption.

(c) When a nonresident patient receives health care from a hospital and when such patient claims inability to pay cost of care because of indigency, the chief administrative officer of the hospital shall notify, in writing, the health care advisory officer of the county of residence of the patient. Such notification shall request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 30 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient is indigent, such notification shall constitute a certification of such indigency, and the expenditures for cost of care of such nonresident indigent patient shall be maintained on the records of the hospital for the purposes of Code Section 31-8-34 .

(c) When a nonresident patient receives health care from a hospital and when such patient claims inability to pay cost of care because of indigency, the chief administrative officer of the hospital shall notify, in writing, the health care advisory officer of the county of residence of the patient. Such notification shall request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 30 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient is indigent, such notification shall constitute a certification of such indigency, and the expenditures for cost of care of such nonresident indigent patient shall be maintained on the records of the hospital for the purposes of Code Section 31-8-34 .

(d) If the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by subsection (c) of this Code section, the county of residence of the patient shall be liable for the payment of cost of care of such patient. In such event, the hospital providing health care for the nonresident patient may bill the county of residence of the patient for the amount of his cost of care, and it shall be the duty of the governing authority of such county to pay the hospital the amount billed.

(d) If the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by subsection (c) of this Code section, the county of residence of the patient shall be liable for the payment of cost of care of such patient. In such event, the hospital providing health care for the nonresident patient may bill the county of residence of the patient for the amount of his cost of care, and it shall be the duty of the governing authority of such county to pay the hospital the amount billed.

(e) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents determined to be indigent.

(e) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents determined to be indigent.

(f) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursuant to this subsection.

(f) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursuant to this subsection.
O.C.G.A. § 31-11-12 — GA Code / Title 31 / Chapter 11 / Section 31-11-12
Georgia Code Title 31. Health § 31-11-12
Status: in_force

Medical directors of licensed ambulance services, first responders, or neonatal services are authorized to contract with licensed pharmacies to furnish dangerous drugs and controlled substances for the vehicles of their particular services. Such dangerous drugs and controlled substances shall be furnished, secured, and stored in the manner provided for in Code Section 26-4-116 .
O.C.G.A. § 31-7-141 — GA Code / Title 31 / Chapter 7 / Section 31-7-141
Georgia Code Title 31. Health § 31-7-141
Status: in_force

There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of a duly appointed medical review committee for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member acts without malice or fraud. This immunity shall apply only to actions by providers of health services, and in no way shall this Code section render any medical review committee immune from any action in tort or contract brought by a patient or his successors or assigns. This Code section shall not affect the immunity of an officer or an employee of a public corporation.
O.C.G.A. § 31-9a-5 — GA Code / Title 31 / Chapter 9A / Section 31-9a-5
Georgia Code Title 31. Health § 31-9A-5
Status: in_force

(a) When a medical emergency compels the performance of an abortion, the physician shall inform the female prior to the abortion, if medically reasonable and prudent, of the medical indications supporting the physician's judgment that an abortion is medically necessary to avert her death or that a 24 hour delay will create serious risk of substantial or irreversible impairment of a major bodily function.

(a) When a medical emergency compels the performance of an abortion, the physician shall inform the female prior to the abortion, if medically reasonable and prudent, of the medical indications supporting the physician's judgment that an abortion is medically necessary to avert her death or that a 24 hour delay will create serious risk of substantial or irreversible impairment of a major bodily function.

(b) Any physician who complies with subsection (a) of this Code section shall not be held civilly liable to a patient for failure to obtain informed consent to an abortion.

(b) Any physician who complies with subsection (a) of this Code section shall not be held civilly liable to a patient for failure to obtain informed consent to an abortion.
O.C.G.A. § 31-8-163 — GA Code / Title 31 / Chapter 8 / Section 31-8-163
Georgia Code Title 31. Health § 31-8-163
Status: in_force

There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account.
O.C.G.A. § 31-7-359 — GA Code / Title 31 / Chapter 7 / Section 31-7-359
Georgia Code Title 31. Health § 31-7-359
Status: in_force

(a) No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant from employment on the basis of a disqualifying crime.

(a) No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant from employment on the basis of a disqualifying crime.

(b)(1) A facility that has obtained a satisfactory determination on an owner, applicant, or employee in accordance with this article, or confirmation that such owner, applicant, or employee has obtained a favorable final appeal decision under Code Section 31-7-358 , shall be immune from liability for claims of negligent hiring when such claims are based upon the criminal record of such owner, applicant, or employee, even when the information contained in the criminal background check used by the department is later determined to have been incomplete or inaccurate; provided, however, that such immunity shall not preclude the liability of a facility concerning claims based on information beyond the scope of the criminal record and satisfactory determination about the owner, applicant, or employee which the facility knew or should have known. (2) When a facility has obtained a satisfactory determination on an owner, applicant, or employee, there shall be a rebuttable presumption of due care for claims of negligent hiring, negligent retention, or other similar claims to the extent such claims are based upon an owner's, applicant's, or employee's criminal record.

(b)(1) A facility that has obtained a satisfactory determination on an owner, applicant, or employee in accordance with this article, or confirmation that such owner, applicant, or employee has obtained a favorable final appeal decision under Code Section 31-7-358 , shall be immune from liability for claims of negligent hiring when such claims are based upon the criminal record of such owner, applicant, or employee, even when the information contained in the criminal background check used by the department is later determined to have been incomplete or inaccurate; provided, however, that such immunity shall not preclude the liability of a facility concerning claims based on information beyond the scope of the criminal record and satisfactory determination about the owner, applicant, or employee which the facility knew or should have known.

(b)(1) A facility that has obtained a satisfactory determination on an owner, applicant, or employee in accordance with this article, or confirmation that such owner, applicant, or employee has obtained a favorable final appeal decision under Code Section 31-7-358 , shall be immune from liability for claims of negligent hiring when such claims are based upon the criminal record of such owner, applicant, or employee, even when the information contained in the criminal background check used by the department is later determined to have been incomplete or inaccurate; provided, however, that such immunity shall not preclude the liability of a facility concerning claims based on information beyond the scope of the criminal record and satisfactory determination about the owner, applicant, or employee which the facility knew or should have known.

(2) When a facility has obtained a satisfactory determination on an owner, applicant, or employee, there shall be a rebuttable presumption of due care for claims of negligent hiring, negligent retention, or other similar claims to the extent such claims are based upon an owner's, applicant's, or employee's criminal record.

(2) When a facility has obtained a satisfactory determination on an owner, applicant, or employee, there shall be a rebuttable presumption of due care for claims of negligent hiring, negligent retention, or other similar claims to the extent such claims are based upon an owner's, applicant's, or employee's criminal record.

(c) Nothing in this article shall require a facility to conduct any other type of criminal history check of an owner, applicant, or employee, and a facility shall not be held liable for claims of negligent hiring, negligent retention, or other similar claims based solely or in part on its failure to conduct other types of criminal history checks.

(c) Nothing in this article shall require a facility to conduct any other type of criminal history check of an owner, applicant, or employee, and a facility shall not be held liable for claims of negligent hiring, negligent retention, or other similar claims based solely or in part on its failure to conduct other types of criminal history checks.

(d) Nothing in this article shall be construed to waive the sovereign immunity of the state, the department, or any other entity of the state.

(d) Nothing in this article shall be construed to waive the sovereign immunity of the state, the department, or any other entity of the state.
O.C.G.A. § 31-2-19 — GA Code / Title 31 / Chapter 2 / Section 31-2-19
Georgia Code Title 31. Health § 31-2-19
Status: in_force

(a) As used in this Code section, the term “ penal institution ” means any place of confinement for juvenile or adult individuals sentenced to a term of incarceration in a state correctional institution.

(a) As used in this Code section, the term “ penal institution ” means any place of confinement for juvenile or adult individuals sentenced to a term of incarceration in a state correctional institution.

(b) A penal institution or private vendor providing medical services to those confined in a penal institution may employ certified medication aides for the purpose of performing the technical aspects of administering certain medications in accordance with this Code section.

(b) A penal institution or private vendor providing medical services to those confined in a penal institution may employ certified medication aides for the purpose of performing the technical aspects of administering certain medications in accordance with this Code section.

(c) A penal institution or private vendor providing medical services to those confined in a penal institution shall not employ an individual as a certified medication aide unless such individual has met all of the qualifications in paragraph (3) of subsection (g) of Code Section 31-7-12.2 and is listed in the medication aide registry established and maintained by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 and in good standing.

(c) A penal institution or private vendor providing medical services to those confined in a penal institution shall not employ an individual as a certified medication aide unless such individual has met all of the qualifications in paragraph (3) of subsection (g) of Code Section 31-7-12.2 and is listed in the medication aide registry established and maintained by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 and in good standing.

(d) The employer of a certified medication aide who administers medications in accordance with this Code section in a penal institution shall annually conduct a comprehensive clinical skills competency review of each certified medication aide employed at a penal institution.

(d) The employer of a certified medication aide who administers medications in accordance with this Code section in a penal institution shall annually conduct a comprehensive clinical skills competency review of each certified medication aide employed at a penal institution.

(e) A certified medication aide who meets the criteria established in this Code section shall be permitted to perform the following tasks in a penal institution, in accordance with the written instructions of a physician: (1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications; (2) Administer insulin, epinephrine, and vitamin B12 pursuant to physician direction and protocol; (3) Administer medications via a metered dose inhaler; (4) Conduct finger stick blood glucose testing following established protocol; (5) Administer a commercially prepared disposable enema as ordered by a physician; and (6) Assist inmates in the supervision of self-administration of medications.

(e) A certified medication aide who meets the criteria established in this Code section shall be permitted to perform the following tasks in a penal institution, in accordance with the written instructions of a physician:

(1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications;

(1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications;

(2) Administer insulin, epinephrine, and vitamin B12 pursuant to physician direction and protocol;

(2) Administer insulin, epinephrine, and vitamin B12 pursuant to physician direction and protocol;

(3) Administer medications via a metered dose inhaler;

(3) Administer medications via a metered dose inhaler;

(4) Conduct finger stick blood glucose testing following established protocol;

(4) Conduct finger stick blood glucose testing following established protocol;

(5) Administer a commercially prepared disposable enema as ordered by a physician; and

(5) Administer a commercially prepared disposable enema as ordered by a physician; and

(6) Assist inmates in the supervision of self-administration of medications.

(6) Assist inmates in the supervision of self-administration of medications.

(f) A certified medication aide shall record in the medication administration record all medications that such certified medication aide has personally administered to an inmate of a penal institution and any refusal of an inmate to take a medication. A certified medication aide shall observe the inmate to whom a medication has been administered and shall report any changes in the condition of such inmate to a charge nurse.

(f) A certified medication aide shall record in the medication administration record all medications that such certified medication aide has personally administered to an inmate of a penal institution and any refusal of an inmate to take a medication. A certified medication aide shall observe the inmate to whom a medication has been administered and shall report any changes in the condition of such inmate to a charge nurse.

(g) All medications administered by a certified medication aide in accordance with this Code section shall be in unit or multidose packaging.

(g) All medications administered by a certified medication aide in accordance with this Code section shall be in unit or multidose packaging.

(h)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall secure the services of a licensed pharmacist to perform the following duties as part of the penal institution's peer review, medical review, and quality assurance functions: (A) Perform a quarterly review of the drug regimen of each inmate of the penal institution and report any irregularities to the penal institution administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the inmate for whom such drugs were ordered is no longer incarcerated at the penal institution; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (D) Monitor compliance with established policies and procedures for medication handling and storage. (2) If the certified medication aides used at a penal institution are the employees, contractors, or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(h)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall secure the services of a licensed pharmacist to perform the following duties as part of the penal institution's peer review, medical review, and quality assurance functions: (A) Perform a quarterly review of the drug regimen of each inmate of the penal institution and report any irregularities to the penal institution administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the inmate for whom such drugs were ordered is no longer incarcerated at the penal institution; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (D) Monitor compliance with established policies and procedures for medication handling and storage.

(h)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall secure the services of a licensed pharmacist to perform the following duties as part of the penal institution's peer review, medical review, and quality assurance functions:

(A) Perform a quarterly review of the drug regimen of each inmate of the penal institution and report any irregularities to the penal institution administrator;

(A) Perform a quarterly review of the drug regimen of each inmate of the penal institution and report any irregularities to the penal institution administrator;

(B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the inmate for whom such drugs were ordered is no longer incarcerated at the penal institution;

(B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the inmate for whom such drugs were ordered is no longer incarcerated at the penal institution;

(C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and

(C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and

(D) Monitor compliance with established policies and procedures for medication handling and storage.

(D) Monitor compliance with established policies and procedures for medication handling and storage.

(2) If the certified medication aides used at a penal institution are the employees, contractors, or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(2) If the certified medication aides used at a penal institution are the employees, contractors, or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(i)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall ensure that each certified medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct quarterly unannounced medication administration observations and shall report any issues to the penal institution administrator. (2) If the certified medication aides used at a penal institution are the employees, contractors or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the registered professional nurse or licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(i)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall ensure that each certified medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct quarterly unannounced medication administration observations and shall report any issues to the penal institution administrator.

(i)(1) The employer of a certified medication aide who administers medications in a penal institution in accordance with this Code section shall ensure that each certified medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct quarterly unannounced medication administration observations and shall report any issues to the penal institution administrator.

(2) If the certified medication aides used at a penal institution are the employees, contractors or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the registered professional nurse or licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(2) If the certified medication aides used at a penal institution are the employees, contractors or agents of a private vendor that provides medical services to those confined in a penal institution, such vendor shall be responsible for providing the registered professional nurse or licensed pharmacist required by paragraph (1) of this subsection to perform such duties at no cost to the penal institution.

(j) Nothing in this Code section shall be construed to authorize certified medication aides employed by a penal institution to administer any Schedule II controlled substance that is a narcotic.

(j) Nothing in this Code section shall be construed to authorize certified medication aides employed by a penal institution to administer any Schedule II controlled substance that is a narcotic.
O.C.G.A. § 31-17-2 — GA Code / Title 31 / Chapter 17 / Section 31-17-2
Georgia Code Title 31. Health § 31-17-2
Status: in_force

Any physician or other person who makes a diagnosis of or treats a case of sexually transmitted disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is discovered a case of sexually transmitted disease shall make report of such case to the health authorities in such form and manner as the Department of Public Health shall direct.
O.C.G.A. § 31-5-23 — GA Code / Title 31 / Chapter 5 / Section 31-5-23
Georgia Code Title 31. Health § 31-5-23
Status: in_force

The inspection warrant shall be validly issued only if it meets the following requirements:

(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;

(2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;

(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.

(4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
O.C.G.A. § 31-7-354 — GA Code / Title 31 / Chapter 7 / Section 31-7-354
Georgia Code Title 31. Health § 31-7-354
Status: in_force

(a) An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check.

(a) An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check.

(b)(1) An individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility if: (A) The individual appears on a registry check; (B) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018; (C) The individual's professional license, if applicable, is not in good standing; or (D) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination. (2) An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, provided that he or she provides a fingerprint record check determination in the same manner as an applicant.

(b)(1) An individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility if: (A) The individual appears on a registry check; (B) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018; (C) The individual's professional license, if applicable, is not in good standing; or (D) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination.

(b)(1) An individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility if:

(A) The individual appears on a registry check;

(A) The individual appears on a registry check;

(B) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018;

(B) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018;

(C) The individual's professional license, if applicable, is not in good standing; or

(C) The individual's professional license, if applicable, is not in good standing; or

(D) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination.

(D) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination.

(2) An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, provided that he or she provides a fingerprint record check determination in the same manner as an applicant.

(2) An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, provided that he or she provides a fingerprint record check determination in the same manner as an applicant.

(c) An owner, applicant, or employee may: (1) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction; (2) Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and (3) Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358 .

(c) An owner, applicant, or employee may:

(1) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction;

(1) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction;

(2) Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and

(2) Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and

(3) Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358 .

(3) Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358 .
O.C.G.A. § 31-8-8 — GA Code / Title 31 / Chapter 8 / Section 31-8-8
Georgia Code Title 31. Health § 31-8-8
Status: in_force

The department is authorized and empowered to enter into agreements with other state departments and boards, agencies of the United States government, local governmental agencies, and voluntary organizations to obtain funds for hospital care that may be available for needy persons; and the department is authorized to administer any funds received under such agreements in conformity with this article; provided, however, that the authority granted in this article shall not prevent the department from complying with 42 U.S.C.A. Section 701, et seq.
O.C.G.A. § 31-11-57 — GA Code / Title 31 / Chapter 11 / Section 31-11-57
Georgia Code Title 31. Health § 31-11-57
Status: in_force

Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the department in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The department shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the department.
O.C.G.A. § 31-8-103 — GA Code / Title 31 / Chapter 8 / Section 31-8-103
Georgia Code Title 31. Health § 31-8-103
Status: in_force

Residents' rights shall include, but not be limited to, the rights provided in Code Sections 31-8-104 through 31-8-121 .
O.C.G.A. § 31-7-12-1 — GA Code / Title 31 / Chapter 7 / Section 31-7-12-1
Georgia Code Title 31. Health § 31-7-12.1
Status: in_force

(a) A facility shall be deemed to be an “unlicensed personal care home” if it is unlicensed and not exempt from licensure and: (1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12 ; (2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12 ; or (3) The facility represents itself as a licensed personal care home.

(a) A facility shall be deemed to be an “unlicensed personal care home” if it is unlicensed and not exempt from licensure and:

(1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12 ;

(1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12 ;

(2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12 ; or

(2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12 ; or

(3) The facility represents itself as a licensed personal care home.

(3) The facility represents itself as a licensed personal care home.

(b) Any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12 . The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department's intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing.

(b) Any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12 . The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department's intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing.

(c) In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the owner or operator continues to operate the unlicensed personal care home, after receipt of notice pursuant to subsection (b) of this Code section.

(c) In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the owner or operator continues to operate the unlicensed personal care home, after receipt of notice pursuant to subsection (b) of this Code section.

(d) The owner or operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3 .

(d) The owner or operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3 .

(e) In addition to the sanctions authorized herein, an unlicensed personal care home shall be deemed to be negligent per se in the event of any claim for personal injury or wrongful death of a resident.

(e) In addition to the sanctions authorized herein, an unlicensed personal care home shall be deemed to be negligent per se in the event of any claim for personal injury or wrongful death of a resident.

(f) It is declared that the owning or operating of an unlicensed personal care home in this state constitutes a nuisance dangerous to the public health, safety, and welfare. The commissioner or the district attorney of the judicial circuit in which such unlicensed personal care home is located may file a petition to abate such nuisance as provided in Chapter 2 of Title 41.

(f) It is declared that the owning or operating of an unlicensed personal care home in this state constitutes a nuisance dangerous to the public health, safety, and welfare. The commissioner or the district attorney of the judicial circuit in which such unlicensed personal care home is located may file a petition to abate such nuisance as provided in Chapter 2 of Title 41.

(g) Upon the designation by the department and with the consent of any local or state law enforcement agency, and subject to a written memorandum of understanding between the department and such agencies, Georgia Peace Officer Standards and Training certified investigators of such law enforcement agencies may act as agents of the department in conducting inspections of unlicensed personal care homes required to be licensed under this chapter. Such investigations shall be limited to instances where a law enforcement agency is performing law enforcement duties and has consent or a warrant to enter the home. Law enforcement agencies shall not be authorized to recoup any of the costs of inspections performed pursuant to this subsection from the department.

(g) Upon the designation by the department and with the consent of any local or state law enforcement agency, and subject to a written memorandum of understanding between the department and such agencies, Georgia Peace Officer Standards and Training certified investigators of such law enforcement agencies may act as agents of the department in conducting inspections of unlicensed personal care homes required to be licensed under this chapter. Such investigations shall be limited to instances where a law enforcement agency is performing law enforcement duties and has consent or a warrant to enter the home. Law enforcement agencies shall not be authorized to recoup any of the costs of inspections performed pursuant to this subsection from the department.

(h) Any person who owns or operates a personal care home in violation of subsection (b) of Code Section 31-7-12 shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.

(h) Any person who owns or operates a personal care home in violation of subsection (b) of Code Section 31-7-12 shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.
O.C.G.A. § 31-36b-1 — GA Code / Title 31 / Chapter 36B / Section 31-36b-1
Georgia Code Title 31. Health § 31-36B-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Caregivers Act.”
O.C.G.A. § 31-11-3 — GA Code / Title 31 / Chapter 11 / Section 31-11-3
Georgia Code Title 31. Health § 31-11-3
Status: in_force

(a) The Board of Public Health shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC Program for each health district designated by the Department of Public Health. The local coordinating entity thus designated shall be responsible for recommending to the board or its designee the manner in which the EMSC Program is to be conducted. In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible. Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC Program.

(a) The Board of Public Health shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC Program for each health district designated by the Department of Public Health. The local coordinating entity thus designated shall be responsible for recommending to the board or its designee the manner in which the EMSC Program is to be conducted. In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible. Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC Program.

(b) The local coordinating entity shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the local coordinating entity.

(b) The local coordinating entity shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the local coordinating entity.

(c) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the local coordinating entity shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public welfare. The recommendation of the local coordinating entity shall be forwarded immediately to the board or its designee for approval or modification of the territorial zones and method of distributing calls among ambulance providers participating in the EMSC Program in the health district.

(c) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the local coordinating entity shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public welfare. The recommendation of the local coordinating entity shall be forwarded immediately to the board or its designee for approval or modification of the territorial zones and method of distributing calls among ambulance providers participating in the EMSC Program in the health district.

(d) The board, or its designee, is empowered to conduct a hearing into the recommendations made by the local coordinating entity, and such hearing shall be conducted according to the procedures set forth in Code Section 31-5-2 .

(d) The board, or its designee, is empowered to conduct a hearing into the recommendations made by the local coordinating entity, and such hearing shall be conducted according to the procedures set forth in Code Section 31-5-2 .

(e) The recommendations of the local coordinating entity shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the district health director is not consistent with operation of the EMSC Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSC Program; and appeal from such decision shall be pursuant to Code Section 31-5-3 .

(e) The recommendations of the local coordinating entity shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the district health director is not consistent with operation of the EMSC Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSC Program; and appeal from such decision shall be pursuant to Code Section 31-5-3 .

(f) The local coordinating entity shall begin administering the EMSC Program in accord with the decision by the board or its designee immediately after the decision by the board or its designee regarding the approval or modification of the recommendations made by the local coordinating entity; and the EMSC Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3 .

(f) The local coordinating entity shall begin administering the EMSC Program in accord with the decision by the board or its designee immediately after the decision by the board or its designee regarding the approval or modification of the recommendations made by the local coordinating entity; and the EMSC Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3 .

(g) This Code section shall not apply to air ambulances or air ambulance services.

(g) This Code section shall not apply to air ambulances or air ambulance services.
O.C.G.A. § 31-11-55-1 — GA Code / Title 31 / Chapter 11 / Section 31-11-55-1
Georgia Code Title 31. Health § 31-11-55.1
Status: in_force

(a) As used in this Code section, the term: (1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies. (2) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose. (3) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined.

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

(1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies.

(1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies.

(2) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose.

(2) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose.

(3) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined.

(3) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined.

(b) An opioid antagonist may be administered or provided by any first responder for the purpose of saving the life of a person experiencing an opioid related overdose. In order to ensure public health and safety: (1) All first responders who have access to or maintain an opioid antagonist obtain appropriate training as set forth in the rules and regulations of the Department of Public Health; (2) All law enforcement agencies, fire departments, rescue agencies, and other similar entities shall notify the appropriate emergency medical services system of the possession and maintenance of opioid antagonists by its personnel; and (3) Within a reasonable period of time, all first responders who administer or provide an opioid antagonist shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(b) An opioid antagonist may be administered or provided by any first responder for the purpose of saving the life of a person experiencing an opioid related overdose. In order to ensure public health and safety:

(1) All first responders who have access to or maintain an opioid antagonist obtain appropriate training as set forth in the rules and regulations of the Department of Public Health;

(1) All first responders who have access to or maintain an opioid antagonist obtain appropriate training as set forth in the rules and regulations of the Department of Public Health;

(2) All law enforcement agencies, fire departments, rescue agencies, and other similar entities shall notify the appropriate emergency medical services system of the possession and maintenance of opioid antagonists by its personnel; and

(2) All law enforcement agencies, fire departments, rescue agencies, and other similar entities shall notify the appropriate emergency medical services system of the possession and maintenance of opioid antagonists by its personnel; and

(3) Within a reasonable period of time, all first responders who administer or provide an opioid antagonist shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(3) Within a reasonable period of time, all first responders who administer or provide an opioid antagonist shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient.

(c) A pharmacy licensed in this state may issue opioid antagonists to first responders for use pursuant to this Code section in the same manner and subject to the same requirements as provided in Code Section 26-4-116 .

(c) A pharmacy licensed in this state may issue opioid antagonists to first responders for use pursuant to this Code section in the same manner and subject to the same requirements as provided in Code Section 26-4-116 .

(d) Any first responder who gratuitously and in good faith renders emergency care or treatment by administering or providing an opioid antagonist shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This subsection includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the opioid antagonist.

(d) Any first responder who gratuitously and in good faith renders emergency care or treatment by administering or providing an opioid antagonist shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This subsection includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the opioid antagonist.