GA Code § 31-12-3.1 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 12 - Control of Hazardous Conditions, Preventable Diseases, and Metabolic Disorders|§ 31-12-3.1. (See Editor's notes.) Vaccination Registry; Reporting Requirements, Maintenance, and Use of Information

  The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient disease prevention and control efforts, shall establish and maintain a vaccination registry.   Any person who administers a vaccine or vaccines licensed for use by the United States Food and Drug Administration to a person shall for each such vaccination provide to the department such data as are deemed by the department to be necessary and appropriate for purposes of the vaccination registry established pursuant to subsection (a) of this Code section, including, without limitation:   The name of the person;   The person's date and place of birth, including the name of the hospital where delivered, if applicable;   The names and addresses of the person's parents or guardians if the person is 18 years of age or younger;   The date of the vaccination and the specific type or types of vaccine or vaccines administered to the person on that date; and   Complications or side effects resulting from a vaccination, if any.  Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Prevention, the Georgia chapter of the American Academy of Pediatrics, and the Georgia Academy of Family Physicians.      The department shall utilize the registry to provide notices, whether by mail, telephone, personal contact, or other means, to persons and to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recommended vaccination schedules. The department shall consult with medical services providers to determine the most effective and efficient manner of using the registry to provide such notices.   Vaccination records for any person included within the vaccination registry shall be maintained as part of the registry until the person's death.     Unless such person has opted out pursuant to paragraph (2) of this subsection, individually identifiable vaccination information regarding a person may be provided to the department by, or released by the department to:   A health department, hospital, physician, or other provider of medical services to the person;   A school or child care facility in which the person is enrolled if the person is 18 years of age or younger; or   The United States Department of Health and Human Services and its subsidiaries through a data use agreement, for the limited purpose of reporting vaccines administered in response to a public health emergency declared pursuant to Code Section 38-3-51, for the purpose of averting a serious and imminent threat to life and safety, so long as the United States Department of Health and Human Services and its subsidiaries adhere to state and federal privacy laws and so long as a person's name is not provided by the department  without the consent of the person or the person's parents or guardians.      Any person or person's parent or guardian if the person is 18 years of age or younger may request an exemption from enrollment in the state-wide vaccine registry. All persons shall be enrolled unless a specific exemption is requested by the person or the person's parent or guardian if the person is 18 years of age or younger. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person's parent or guardian if the person is 18 years of age or younger.     Nothing in this Code section shall:   Prohibit the department from providing or publishing registry information in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names contained in the registry;   Prohibit the department or any medical services provider from notifying a person or the person's parent or guardian if the person is 18 years of age or younger of the person's vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or   Diminish a parent's or guardian's responsibility for having a child vaccinated properly.     Any person, including but not limited to practitioners of the healing arts, submitting or obtaining in good faith vaccination reports or data to or from the department in compliance with the provisions of this Code section and any rules or regulations promulgated pursuant to this Code section shall not be liable for any civil damages therefor.   The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions of this Code section.   The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section.     (Code 1981, §31-12-3.1, enacted by Ga. L. 1996, p. 646, § 1; Ga. L. 2004, p. 439, § 1; Ga. L. 2021, p. 782, § 8/SB 46.)    The 2021 amendment,  effective May 10, 2021, rewrote subsection (e), which read: "Individually identifiable vaccination information regarding a person may be provided to the department by, or released by the department to, a local health department, hospital, physician, or other provider of medical services to the person or to a school or child care facility in which the person is enrolled if the person is 18 years of age or younger without the consent of the person or the person's parents or guardians. All persons shall be enrolled unless a specific exemption is requested by the person or the person's parent or guardian if the person is 18 years of age or younger. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person's parent or guardian if the person is 18 years of age or younger."   For application of this statute in 2020 , see Executive Order 11.20.20.01.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders.   Law reviews.   - For note, "Who Calls the Shots?: Parents Versus the Parens Patriae Power of the States to Mandate Vaccines for Children in New York," see 37 Ga. St. U.L. Rev. 637 (2021).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, § 66 et seq.