GA Code § 31-12-2 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 12 - Control of Hazardous Conditions, Preventable Diseases, and Metabolic Disorders|§ 31-12-2. Reporting Certain Diseases and Neonatal Abstinence Syndrome; Confidentiality; Reporting Required of Pharmacists; Immunity From Liability as to Information Supplied; Notification of Potential Bioterrorism

  The department is empowered to declare certain diseases, injuries, and conditions to be diseases requiring notice and to require the reporting thereof to the county board of health and the department in a manner and at such times as may be prescribed. The department shall require that such data be supplied as are deemed necessary and appropriate for the prevention of certain diseases, injuries, and conditions as are determined by the department. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, the department may release such reports and data in statistical form or for valid research purposes.   A health care provider, coroner, or medical examiner shall report to the department and the county board of health all known or presumptively diagnosed cases of persons harboring any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency. Reportable illnesses and conditions include, without limitation, diseases caused by biological agents listed at 42 C.F.R. Part 72, app. A (2000) and any illnesses or conditions identified by the department as potential causes of a public health emergency.   A pharmacist shall report to the department and the county board of health any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may reasonably be believed to be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency.   Any person, including but not limited to practitioners of the healing arts, submitting in good faith reports or data to the department or county boards of health in compliance with the provisions of this Code section shall not be liable for any civil damages therefor.   Whenever the department learns of any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event that it reasonably believes has the potential to be caused by bioterrorism, it shall immediately notify the Department of Public Safety and other appropriate public safety authorities.    (a.1) (1)As used in this subsection, the term "neonatal abstinence syndrome" means a group of physical problems that occur in a newborn infant who was exposed to addictive illegal or prescription drugs while in the mother's womb.   The department shall require notice and reporting of incidents of neonatal abstinence syndrome. A health care provider, coroner, or medical examiner, or any other person or entity the department determines has knowledge of diagnosis or health outcomes related, directly or indirectly, to neonatal abstinence syndrome shall report incidents of neonatal abstinence syndrome to the department. The department shall provide an annual report to the President of the Senate, the Speaker of the House of Representatives, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee. Such annual report shall include any department findings and recommendations on how to reduce the number of infants born with neonatal abstinence syndrome.   (Code 1933, § 88-1202, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1982, p. 1077, §§ 2, 4; Ga. L. 2002, p. 1386, § 6; Ga. L. 2017, p. 319, § 4-1/HB 249.)    The 2017 amendment,  effective July 1, 2017, added subsection (a.1).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, the hyphen was deleted from "good faith" in subsection (b) (now subsection (d)).   Law reviews.   - For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017). For article, "Health Insurance Portability and Accountability Act of 1996: Health: Discussing Title 31 of the Official Code of Georgia Annotated, Relating to the Notification of Disease and the Control of Hazardous Conditions, Preventable Diseases, and Metabolic Disorders & Public Welfare: Discussing Title 45 of the Code of Federal Regulations, Relating to the Department of Health and Human Services, and Administrative Data Standards and Related Requirements,” see 37 Ga. St. U.L. Rev. 153 (2020). For note on the 2002 amendment of this Code section, see 19 Ga. St. U. L. Rev. 1 (2002).   JUDICIAL DECISIONS   Failure to report.    - Reporting required by O.C.G.A. § 31-12-2 is for statistical purposes; thus, a physician's failure to report a patient's genital herpes did not cause the patient any injury. Vance v. T.R.C., 229 Ga. App. 608, 494 S.E.2d 714 (1997).