reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45 - MICHELLE'S LAW (§§ 31-45-1 — 31-45-13) › Section 31-45-10 - Rules and regulations

(a)
The Department of Public Health shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Public Health shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1)
Submission and review of plans prior to construction;
(2)
Application, review, expiration, renewal, and revocation or suspension of an operating permit;
(3)
Inspection;
(4)
Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and
(5)
Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment, and sewage and other waste-water disposal.
Public swimming pools constructed or remodeled prior to December 31, 2000, that do not meet specific design and construction requirements of the rules and regulations for public swimming pools adopted by the Department of Public Health shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to December 31, 2000, shall comply with all other rules and regulations for public swimming pools adopted by the Department of Public Health by January 1, 2003.
(b)
No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Amended by 2001 Ga. Laws 2, § 31, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45 - MICHELLE'S LAW (§§ 31-45-1 — 31-45-13) › Section 31-45-11 - Enforcement of rules and regulations

Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Public Health and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45 - MICHELLE'S LAW (§§ 31-45-1 — 31-45-13) › Section 31-45-12 - Inspection of unregulated pools

Notwithstanding any provision of Code Section
31-45-13
regarding the applicability of this chapter to the contrary, a resident or owner of an apartment complex that is not subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45 - MICHELLE'S LAW (§§ 31-45-1 — 31-45-13) › Section 31-45-13 - Applicability of chapter

The provisions of this chapter shall apply only in those counties where local rules and regulations governing public swimming pools are not in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45A - AQUATIC SAFETY PLANS (§§ 31-45A-1 — 31-45A-5) › Section 31-45A-1 - Short title

This chapter shall be known and may be cited as "Izzy's Law."
Added by 2023 Ga. Laws 271,§ 1, eff. 5/3/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45A - AQUATIC SAFETY PLANS (§§ 31-45A-1 — 31-45A-5) › Section 31-45A-2 - Definitions

As used in this chapter, the term:
(1)
"Aquatic safety plan" means the plan developed by the department pursuant to Code Section
31-45A-3
.
(2)
"Department" means the Department of Public Health.
(3)
"Private swim instructor" means any individual who regularly offers swimming lessons to another individual to whom they are not related in return for compensation.
Added by 2023 Ga. Laws 271,§ 1, eff. 5/3/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45A - AQUATIC SAFETY PLANS (§§ 31-45A-1 — 31-45A-5) › Section 31-45A-3 - Development of model aquatic safety plan

(a)
No later than January 1, 2024, the department shall develop a model aquatic safety plan based on national standards for private swim instructors to be available for download from its website. The department shall review the model aquatic safety plan at least every five years and make any necessary revisions based on changes to national standards for private swim instructors. The department may partner with an external organization recognized as an authority in aquatic safety to assist in the development, review, and any necessary revision of the model aquatic safety plan and other tasks as may be appropriate to the development of the model, including the provision of the necessary data, information, and resources to ensure successful development of the model as required by this Code section.
(b)
The model aquatic safety plan shall include minimum procedures, requirements, and standards for the following:
(1)
The recommended ratio of students to private swim instructors in a group lesson setting;
(2)
Recommendations on secondary supervision during swimming lessons;
(3)
Participation by or presence of a parent or caregiver during swimming lessons; and
(4)
Certification in cardiopulmonary resuscitation by a private swim instructor or his or her assistant.
(c)
Private swim instructors may utilize such equipment as necessary to promote aquatic safety during any instruction, with consideration to the number, age, and skill and experience level of participating students. Such equipment shall include, but is not limited to, the use of a pool deep end divider and floating safety rope line dividers.
(d)
The department may include additional provisions in the model aquatic safety plan at its discretion for safety, training, and emergency response that are endorsed by nationally recognized authorities on aquatic safety, including, but not limited to, the American Red Cross, the YMCA, the YWCA, the Centers for Disease Control and Prevention, the National Drowning Prevention Alliance, and the United States Swim School Association.
Added by 2023 Ga. Laws 271,§ 1, eff. 5/3/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45A - AQUATIC SAFETY PLANS (§§ 31-45A-1 — 31-45A-5) › Section 31-45A-4 - Publication of model aquatic safety plan on website; additional instructional materials

(a)
No later than January 1, 2024, the department shall publish the model aquatic safety plan developed pursuant to Code Section
31-45A-3
in a prominent location on its website. The department may publish such plan on any other websites identified by the department as appropriate, provided that any such publication shall be at no cost to the department.
(b)
The department shall be authorized to enter into agreements with local aquatic safety advocacy organizations to create instructional materials and content relating to the model aquatic safety plan for distribution to private swim instructors and for the promotion of the model aquatic safety plan.
Added by 2023 Ga. Laws 271,§ 1, eff. 5/3/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 45A - AQUATIC SAFETY PLANS (§§ 31-45A-1 — 31-45A-5) › Section 31-45A-5 - Aquatic safety plan required of private swim instructors

(a)
No later than April 1, 2024, every private swim instructor in this state shall have an aquatic safety plan in place before providing swimming lessons to any individual.
(b)
Private swim instructors may adopt the department's model aquatic safety plan or they may develop their own aquatic safety plan.
(c)
Any aquatic safety plan in place developed by a private swim instructor that contains all of the procedures, requirements, and standards set forth in subsection (b) of Code Section
31-45A-3
shall be adequate for purposes of this chapter.
Added by 2023 Ga. Laws 271,§ 1, eff. 5/3/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 46 - SAVING THE CURE ACT OR KEONE'S LAW (§§ 31-46-1 — 31-46-5) › Section 31-46-1 - Legislative findings

The General Assembly finds and declares that it shall be the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for medical research and treatment; to promote principled and ethical stem cell research; and to encourage stem cell research with immediate clinical and medical applications.
Added by 2007 Ga. Laws 247,§ 2, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 46 - SAVING THE CURE ACT OR KEONE'S LAW (§§ 31-46-1 — 31-46-5) › Section 31-46-2 - Definitions

As used in this chapter, the term:
(1)
"Amniotic fluid" means the fluid inside the amnion.
(2)
"Permitted stem cell research" means stem cell research permitted under federal law and Senate Resolution 30, the "Hope Offered through Principled and Ethical Stem Cell Research Act," as approved by the United States Senate on April 11, 2007.
(3)
"Placenta" means the organ that forms on the inner wall of the human uterus during pregnancy.
(4)
"Postnatal tissue and fluid" means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being.
(5)
"Stem cells" means unspecialized or undifferentiated cells that can self-renew and have the potential to differentiate into specialized cell types.
(6)
"Umbilical cord" means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta.
Added by 2007 Ga. Laws 247,§ 2, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 46 - SAVING THE CURE ACT OR KEONE'S LAW (§§ 31-46-1 — 31-46-5) › Section 31-46-3 - Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; creation; donations and information concerning donations

(a)
Not later than June 30, 2008, the Georgia Commission for Saving the Cure, as created in Code Section
31-46-4
, shall establish a network of postnatal tissue and fluid banks in partnership with one or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid. The bank network, which shall be known as the Newborn Umbilical Cord Blood Bank, shall make such tissue and fluid available for medical research and treatment in accordance with this chapter.
(b)
The Georgia Commission for Saving the Cure shall develop a program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. The program shall include:
(1)
Notice of the existence of the Newborn Umbilical Cord Blood Bank;
(2)
An explanation of the difference between public and private banking programs;
(3)
The medical process involved in the collection and storage of postnatal tissue and fluid;
(4)
The current and potential future medical uses of stored postnatal tissue and fluid;
(5)
The benefits and risks involved in the banking of postnatal tissue and fluid; and
(6)
The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks.
(c)
Beginning June 30, 2009, all physicians and hospitals in this state shall inform pregnant patients of the full range of options for donation of postnatal tissue and fluids no later than 30 days from the commencement of the patient's third trimester of pregnancy or at the first consultation between the attending physician or the hospital, whichever is later; provided, however, that this subsection shall not be construed to require the participation of any physician who objects to the transfusion or transplantation of blood on the basis of bona fide religious beliefs.
(d)
Nothing in this Code section shall be construed to prohibit a person from donating postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or fluid with a private blood and tissue bank.
(e)
Any college or university, hospital, nonprofit organization, or private firm participating in the Newborn Umbilical Cord Blood Bank shall have or be subject to an institutional review board which shall be available on an ongoing basis to review the research procedures and conduct of any person desiring to conduct research with postnatal tissue and fluid from the bank. The institutional review board shall establish procedures to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with applicable federal guidelines.
Added by 2007 Ga. Laws 247,§ 2, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 46 - SAVING THE CURE ACT OR KEONE'S LAW (§§ 31-46-1 — 31-46-5) › Section 31-46-5 - Funding; requirements of federal law

Any public funds expended for stem cell research shall conform to the requirements set forth in federal law and Senate Resolution 30, the "Hope Offered through Principled and Ethical Stem Cell Research Act," as approved by the United States Senate on April 11, 2007.
Added by 2007 Ga. Laws 247,§ 2, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 47 - ARTHRITIS PREVENTION AND CONTROL PROGRAM (§§ 31-47-1 — 31-47-3) › Section 31-47-1 - Purpose of program; needs assessment; coordination and utilization with other programs

(a)
The Department of Public Health shall establish, promote, and maintain an Arthritis Prevention and Control Program in order to raise public awareness, educate consumers, educate and train health professionals, teachers, and human services providers, and for other purposes.
(b)
As a part of the Arthritis Prevention and Control Program, the Department of Public Health shall periodically conduct a needs assessment to identify:
(1)
Epidemiological and other public health research being conducted within this state;
(2)
Available technical assistance and educational materials and programs nation-wide and within this state;
(3)
The level of public and professional arthritis awareness;
(4)
The needs of people with arthritis, their families, and caregivers;
(5)
Educational and support service needs of health care providers, including physicians, nurses, managed care organizations, and other health care providers;
(6)
The services available to a person with arthritis;
(7)
The existence of arthritis treatment, self-management, physical activity, and other educational programs; and
(8)
The existence of rehabilitation services.
(c)
The Department of Public Health shall use, but shall not be limited to, strategies consistent with the National Arthritis Action Plan and existing state planning efforts to raise public awareness and knowledge about the causes and nature of arthritis, personal risk factors, the value of prevention and early detection, ways to minimize preventable pain, and options for diagnosing and treating the disease.
(d)
(1)
Subject to appropriation or access to other private or public funds, the Department of Public Health may replicate and use successful arthritis programs and enter into contracts and purchase materials or services from entities with appropriate expertise for such services and materials as are necessary to carry out the goals of the Arthritis Prevention and Control Program.
(2)
Subject to appropriation or access to other private or public funds, the Department of Public Health may enter into agreements with national organizations with expertise in arthritis to implement parts of the Arthritis Prevention and Control Program.
Amended by 2019 Ga. Laws 296,§ 12-1, eff. 7/1/2019.
Amended by 2011 Ga. Laws 245,§ 31, eff. 5/13/2011.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Added by 2010 Ga. Laws 673,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 47 - ARTHRITIS PREVENTION AND CONTROL PROGRAM (§§ 31-47-1 — 31-47-3) › Section 31-47-2 - Role and duties of commissioner

The commissioner of public health shall:
(1)
Provide sufficient staff to implement the Arthritis Prevention and Control Program;
(2)
Provide appropriate training for staff of the Arthritis Prevention and Control Program;
(3)
Identify the appropriate organizations to carry out the program;
(4)
Base the program on the most current scientific information and findings;
(5)
Work to increase and improve community based services available to people with arthritis and their family members;
(6)
Work with governmental offices, national voluntary health organizations and their local chapters, community and business leaders, community organizations, and health care and human service providers to coordinate efforts and maximize state resources in the areas of prevention, education, detection, pain management, and treatment of arthritis; and
(7)
Identify and, when appropriate, use evidence based arthritis programs and obtain related materials and services from organizations with appropriate expertise and knowledge of arthritis.
Amended by 2011 Ga. Laws 245,§ 31, eff. 5/13/2011.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Added by 2010 Ga. Laws 673,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 47 - ARTHRITIS PREVENTION AND CONTROL PROGRAM (§§ 31-47-1 — 31-47-3) › Section 31-47-3 - Acceptance of grants; compliance with federal requirements

(a)
The commissioner of public health may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of this chapter.
(b)
The commissioner of public health shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement this chapter.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Added by 2010 Ga. Laws 673,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-1 - Legislative findings

The General Assembly finds and declares that it is estimated that as many as 55,000 Georgia residents suffer from lupus, a life-long autoimmune disease in which the immune system becomes unbalanced, causing inflammation, tissue damage, seizures, strokes, heart attacks, miscarriages, and organ failure. Although anyone can develop lupus, it strikes mostly women of childbearing age; African American, Hispanic, Asian, and Native American women are two to three times more likely than Caucasians to develop lupus. Lupus can be difficult to diagnose and often is misdiagnosed because the symptoms are similar to those of other illnesses. It is in the public interest for this state to establish an entity to develop and implement a comprehensive program to improve education and awareness about lupus for health care providers and the general public.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-2 - Creation of Council on Lupus Education and Awareness; membership; organization

(a)
There is created the Georgia Council on Lupus Education and Awareness within the Department of Community Health.
(b)
The council shall consist of six members as follows:
(1)
The commissioner of community health, or the commissioner's designee, as an ex officio member;
(2)
Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient;
(3)
One member to be appointed by the Speaker of the House of Representatives to serve for two years; and
(4)
One member to be appointed by the Lieutenant Governor to serve for two years;
(c)
All vacancies on the council shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member of the council shall be eligible for reappointment.
(d)
The members of the council shall serve without compensation but may be reimbursed for any expenses incurred by them in the performance of their duties, subject to the availability of funds.
(e)
The council shall organize as soon as practicable after the appointment of its members and shall select a chairperson from among its members.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-3 - Duties and responsibilities of council

(a)
The council shall have the following duties and responsibilities:
(1)
To initially investigate the level of education concerning lupus in this state; and
(2)
Based on the results of its initial investigation pursuant to paragraph (1) of this Code section, to develop information on lupus endorsed by government agencies, including, but not limited to, the National Institutes of Health and the Centers for Disease Control and Prevention.
(b)
The council shall develop a directory of lupus related health care services, which shall be made available on the department's website and shall include a list of health care providers specializing in the diagnosis and treatment of lupus.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-4 - Distribution of information

(a)
The department shall post the information developed by the council pursuant to paragraph (2) of subsection (a) of Code Section
31-49-3
on its website.
(b)
Subject to appropriations or access to other private or public funds, the department may distribute such information to individuals with lupus, their family members, health care professionals, hospitals, local health departments, schools, agencies on aging, employers, health plans, women's health groups, and nonprofit and community based organizations.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-5 - Annual report

The council shall prepare annually a complete and detailed report to be submitted no later than October 1 to the Office of Health Strategy and Coordination detailing the activities of the council and may include any recommendations for legislative action it deems appropriate.
Amended by 2019 Ga. Laws 41,§ 2-16, eff. 7/1/2019.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 49 - LUPUS (§§ 31-49-1 — 31-49-6) › Section 31-49-6 - Donations

The council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use of the council in performing its functions under this chapter.
Added by 2014 Ga. Laws 564,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 50 - COMMISSION ON MEDICAL CANNABIS (§ 31-50-1) › Section 31-50-1 - through 31-50-5 - [Reserved]

Repealed by § Ga. L. 2015, p. 49, 3-1/HB 1, effective 6/30/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 50 - [RARE DISEASES] (§§ 31-50-1 — 31-50-4) › Section 31-50-1 - Legislative findings

The General Assembly finds that:
(1)
A rare disease, sometimes called an orphan disease, is defined as a disease that affects fewer than 200,000 people in the United States;
(2)
There are more than 7,000 known rare diseases affecting approximately 25-30 million Americans, more than half of which are children;
(3)
More than 90 percent of rare diseases do not have a federal Food and Drug Administration (FDA) approved treatment;
(4)
While the exact cause of many rare diseases remains unknown, many rare diseases are genetic in origin and can be linked to mutations in a single gene, or in multiple genes, which can be passed down from generation to generation;
(5)
People with rare diseases face many challenges, including delays in obtaining an accurate diagnosis, finding a health care provider with expertise in their condition, and a lack of affordable access to therapies and medications used to treat rare diseases; and
(6)
A state based advisory council composed of qualified professionals and persons living with rare diseases and their caregivers could educate medical professionals, government agencies, legislators, and the public about rare diseases as an important public health issue and encourage research into the development of new ways to diagnose and treat rare diseases.
Amended by 2022 Ga. Laws 750,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 50 - [RARE DISEASES] (§§ 31-50-1 — 31-50-4) › Section 31-50-3 - Purpose; required activities; funding

(a)
The purpose of the advisory council shall be to advise the General Assembly and other state agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Georgia.
(b)
The advisory council shall conduct the following activities to benefit rare disease patients in Georgia:
(1)
Convene public hearings, make inquiries, and solicit comments from the general public in Georgia to assist the advisory council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state;
(2)
Consult with health care experts to develop policy recommendations to improve patient access to quality rare disease specialists, affordable and comprehensive health care coverage, better access to clinical trials, expansion of telehealth services, relevant diagnostics, timely treatment and to make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care for patients;
(3)
Advise the Department of Community Health with respect to state health plans, including Medicaid, PeachCare for Kids, and the state health benefit plan, in their review of products or medications for the treatment of rare and orphan diseases and drugs or biological products within the emerging fields of personalized medicine and gene-editing therapeutics. The Department of Community Health shall seek input of the advisory council regarding rare diseases and personalized medicine to address topics including, but not limited to, the impact of coverage, cost-sharing, tiering, and utilization management on access to rare disease therapies;
(4)
Make recommendations to the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of Code Section
31-12-6
as it relates to rare diseases;
(5)
Publish on the advisory council's website a list of existing, publicly accessible resources on research, diagnosis, treatment, and educational materials for health care providers relating to the rare diseases in Georgia; and
(6)
Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare diseases in Georgia.
(c)
The advisory council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use by the council in conducting the activities required pursuant to subsection (b) of this Code section.
Amended by 2022 Ga. Laws 750,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 50 - [RARE DISEASES] (§§ 31-50-1 — 31-50-4) › Section 31-50-4 - Annual reporting

No later than June 30, 2023, and annually thereafter, the advisory council shall submit a report to the Governor and the General Assembly. Such annual report shall:
(1)
Detail the activities and progress of the advisory council in the prior year;
(2)
Provide an update on the status of funding of the advisory council, including any grant funds which were solicited, accepted, or used, and any remaining balances; and
(3)
Provide recommendations to the Governor and General Assembly on ways to address the needs of people living with rare diseases in Georgia.
Prior to submission, a draft of the annual report shall be made available for public comment and discussed at an open public meeting.
Amended by 2022 Ga. Laws 750,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 51 - LOW THC OIL RESEARCH PROGRAM (§ 31-51-1) › Section 31-51-1 - through 31-51-10 - [Reserved]

Reserved. Repealed pursuant to Code Section
31-51-10
, which provided for the repeal of this chapter, effective July 1, 2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-1 - Short title

This chapter shall be known and may be cited as the "Georgia Right to Try Act."
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-2 - Legislative findings

(a)
The General Assembly finds and declares that:
(1)
The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the process often takes many years;
(2)
Patients who have terminal illnesses do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the federal Food and Drug Administration;
(3)
Patients who have terminal illnesses have a fundamental right to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices;
(4)
The use of available investigational drugs, biological products, and devices is a decision that should be made by a patient with a terminal illness in consultation with the patient's health care provider; and
(5)
The decision to use an investigational drug, biological product, or device should be made with full awareness by the patient and the patient's family of the potential risks, benefits, and consequences.
(b)
It is the intent of the General Assembly to allow for patients with terminal illnesses to use potentially life-saving investigational drugs, biological products, and devices.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-3 - Definitions

As used in this chapter, the term:
(1)
"Eligible patient" means a person who meets the requirements of Code Section
31-52-4
.
(2)
"Investigational drug, biological product, or device" means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial.
(3)
"Physician" means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.
(4)
"Terminal illness" means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments.
(5)
"Written informed consent" means a written document that:
(A)
Is signed by the patient; parent, if the patient is a minor; legal guardian; or health care agent designated by the patient in an advance directive for health care executed pursuant to Chapter 32 of Title 31;
(B)
Is attested to by the patient's physician and a witness; and
(C)
Meets the requirements of Code Section
31-52-5
.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-4 - Eligibility criteria

In order for a person to be considered an eligible patient to access an investigational drug, biological product, or device pursuant to this chapter, a physician must document in writing that the person:
(1)
Has a terminal illness;
(2)
Has, in consultation with the physician, considered all other treatment options currently approved by the federal Food and Drug Administration;
(3)
Has been given a recommendation by the physician for an investigational drug, biological product, or device; and
(4)
Has given written informed consent for the use of the investigational drug, biological product, or device.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-5 - Written informed consent

Written informed consent shall, at a minimum, include the following:
(1)
A description of the currently approved products and treatments for the terminal illness from which the patient suffers;
(2)
An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life; and the known risks of the investigational drug, biological product, or device are not greater than the probable outcome of the patient's terminal illness;
(3)
Clear identification of the specific proposed investigational drug, biological product, or device that the patient is seeking to use;
(4)
A description of the potential best and worst outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;
(5)
A statement that the patient understands that his or her health benefit plan is not obligated to pay for the investigational drug, biological product, or device, or any care or treatment consequent to the use of such drug, product, or device, unless such health benefit plan is specifically required to do so by law or contract;
(6)
A statement that the patient understands that his or her eligibility for hospice care may be withdrawn if he or she begins treatment with the investigational drug, biological product, or device but that such hospice care may be reinstated if such treatment ends and he or she meets hospice eligibility requirements; and
(7)
A statement that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that such liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-6 - Manufacturers permitted to make investigational drugs, biological products, or devices available

(a)
A manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request access to the manufacturer's investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
(b)
A manufacturer may provide an investigational drug, biological product, or device to an eligible patient:
(1)
Without receiving compensation; or
(2)
With the requirement that the eligible patient pays the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-7 - Coverage under health benefit plan permitted but not required

A health benefit plan or governmental agency may provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter; provided, however, that nothing in this chapter shall be construed to require a health benefit plan or governmental agency to provide coverage for the cost of any investigational drug, biological product, or device pursuant to this chapter.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-8 - Physician immunity from sanction for recommending, prescribing, or treating with investigational drugs, biological products, or devices

The Georgia Composite Medical Board shall not revoke, suspend, sanction, fail to renew, or take any other action against a physician's license solely based on such physician's recommendation, prescription, or treatment of an eligible patient with an investigational drug, biological product, or device pursuant to this chapter.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-9 - State prohibited from blocking eligible patient access

No official, employee, or agent of the state shall block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation for treatment consistent with medical standards of care shall not be construed as a violation of this Code section.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 52 - GEORGIA RIGHT TO TRY ACT (§§ 31-52-1 — 31-52-10) › Section 31-52-10 - Statutory construction

(a)
This chapter shall not be construed to create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care.
(a.1)
This chapter shall not be construed to create a private cause of action against a physician who refuses to recommend an investigational drug, biological product, or device for any otherwise eligible patient.
(b)
Any person or entity providing treatment to an eligible patient using an investigational drug, biological product, or device shall not be liable for injury or death to such eligible patient as a result of the investigational drug, biological product, or device under Code Section
51-1-27
or
51-4-1
, et seq., unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section
31-52-5
.
(c)
This chapter shall not be construed to affect any required health care coverage under Title 33 for patients in clinical trials.
Added by 2016 Ga. Laws 422,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 1 - OFFICE OF HEALTH STRATEGY AND COORDINATION (§§ 31-53-1 — 31-53-6) › Section 31-53-1 - Legislative findings

The General Assembly finds that Georgia faces population and community health challenges. The current health infrastructure must be adapted to adequately integrate state and private resources in a manner that will serve to maximize the state's goals, including improved access to care, effective health management strategies, and cost control measures. All components of the state's health care system must be more strategic and better coordinated. The General Assembly, therefore, declares it to be the public policy of the state to unite the major stakeholders of the state's health care system under a strategic vision for Georgia. The public policy shall be realized through an agency focused on strategic health care management and coordination.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 1 - OFFICE OF HEALTH STRATEGY AND COORDINATION (§§ 31-53-1 — 31-53-6) › Section 31-53-2 - Definitions

As used in this chapter, the term:
(1)
"Director" means the director of health strategy and coordination established pursuant to Code Section
31-53-4
.
(2)
"Office" means the Office of Health Strategy and Coordination established pursuant to Code Section
31-53-3
.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 1 - OFFICE OF HEALTH STRATEGY AND COORDINATION (§§ 31-53-1 — 31-53-6) › Section 31-53-4 - Appointment of director; qualifications; authority; additional personnel

(a)
There is created the position of director of health strategy and coordination who shall be the chief administrative officer of the office. The Governor shall appoint the director who shall serve at the pleasure of the Governor.
(b)
The director shall have such education, experience, and other qualifications as determined by the Governor.
(c)
The director shall consult with the Governor on determining state priorities and adoption of a state strategy.
(d)
The director may contract with other agencies, public and private, or persons as he or she deems necessary for carrying out the duties and responsibilities of the office.
(e)
The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this chapter.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 1 - OFFICE OF HEALTH STRATEGY AND COORDINATION (§§ 31-53-1 — 31-53-6) › Section 31-53-5 - Advisory committees; membership; function

(a)
The director shall have the power to establish and abolish advisory committees as he or she deems necessary to inform effective strategy development and execution.
(b)
Membership on an advisory committee shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
(c)
An advisory committee shall elect a chairperson from among its membership.
(d)
Members of an advisory committee shall serve without compensation, although each member of an advisory committee shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory committee, in compliance with the state's travel rules and regulations; provided, however, that in no case shall a member of an advisory committee be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.
(e)
Policy proposals and strategies under consideration that arise from the efforts of an advisory committee must be presented to all members of the advisory committee with an opportunity to comment.
(f)
An advisory committee shall:
(1)
Meet at such times and places as it shall determine necessary or convenient to perform its duties. An advisory committee shall also meet on the call of the director or the Governor;
(2)
Maintain minutes of its meetings;
(3)
Identify and report to the director any federal laws or regulations that may enable the state to receive and disburse federal funds for health care programs;
(4)
Advise the director if it needs additional members or resources to conduct its defined duties; and
(5)
Provide a final report with supporting documentation to the director.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 1 - OFFICE OF HEALTH STRATEGY AND COORDINATION (§§ 31-53-1 — 31-53-6) › Section 31-53-6 - Compiling of reports; public dissemination of data

(a)
The office shall compile reports received from the following boards, commissions, committees, councils, and offices pursuant to each such entity's respective statutory reporting requirements:
(1)
The Maternal Mortality Review Committee;
(2)
The Hemophilia Advisory Board;
(3)
The Georgia Council on Lupus Education and Awareness;
(4)
The Georgia Palliative Care and Quality of Life Advisory Council;
(5)
The Georgia Trauma Care Network Commission;
(6)
The Behavioral Health Coordinating Council;
(7)
The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke Registry;
(8)
The Office of Cardiac Care; and
(9)
The Brain and Spinal Injury Trust Fund Commission.
(b)
The office shall maintain a website that permits public dissemination of data compiled by the boards, commissions, committees, councils, and offices listed in subsection (a) of this Code section.
Amended by 2024 Ga. Laws 609,§ 7-1, eff. 5/6/2024.
Amended by 2020 Ga. Laws 521,§ 31, eff. 7/29/2020.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 2 - GEORGIA DATA ACCESS FORUM (§§ 31-53-20 — 31-53-23) › Section 31-53-20 - Legislative findings; public policy declaration

(a)
The General Assembly finds that:
(1)
Cost of care, diagnostic metrics, care gaps, and best practices are best analyzed with large-scale data;
(2)
The current data infrastructure must be adapted to adequately integrate state and private resources in a manner that will serve the divergent needs of the state;
(3)
All components of state data collection and dissemination infrastructure must be more strategic and better coordinated to serve policy makers and health care providers; and
(4)
A more robust data base will also serve as a platform to provide resources to the public for healthy living and cost transparency.
(b)
The General Assembly, therefore, declares it to be the public policy of this state to unite the major stakeholders of the state's health care system under a common data platform. The public policy of the state will be served by restructuring data silos to inform policy makers, health care providers, and consumers.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.