reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12 - CONTROL OF HAZARDOUS CONDITIONS, PREVENTABLE DISEASES, AND METABOLIC DISORDERS (§§ 31-12-1 — 31-12-14) › Section 31-12-11 - Abating operation of bathhouses

(a)
As used in this Code section, the term:
(1)
"Bathhouse" means a place of public accommodation having facilities including all or some of the following: baths, whirlpools, saunas, massage areas or rooms, and semiprivate or private areas or rooms; and where entry to such place of public accommodation is contingent upon the payment of money on an hourly, daily, weekly, monthly, annual, or club basis; and where the owners or managers or employees of such place of public accommodation knowingly grant or permit the use of such place for illegal sexual activity.
(2)
"Illegal sexual activity" means any illegal sexual act involving the sex organs of a person and the mouth, anus, or sex organs of another person.
(b)
The operation of bathhouses in this state is declared to be harmful to the public health, safety, and welfare of the citizens of this state.
(c)
The department and the county boards of health are empowered to maintain actions for injunction pursuant to Code Section
31-5-9
to abate the operation of any bathhouse in this state as a public nuisance.
(d)
The commissioner or the commissioner's designee or the director of any county board of health is authorized to obtain, pursuant to Article 2 of Chapter 5 of this title, inspection warrants for the search or inspection of any property which is a bathhouse.
(e)
Any person, firm, corporation, or other business entity which owns, operates, or is a manager for or employee of a bathhouse shall be guilty of a misdemeanor.
(f)
Nothing in this Code section shall be construed so as to repeal Code Section
16-6-10
, relating to keeping a place of prostitution.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-1 - Short title

This chapter shall be known and may be cited as the "Georgia Smoke-free Air Act of 2005."
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-3 - Smoking prohibited in state and local government buildings

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-4 - Smoking prohibited in enclosed public places

Except as otherwise specifically authorized in Code Section
31-12A-6
, smoking shall be prohibited in all enclosed public places in this state.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-5 - Smoking prohibited in enclosed areas within places of employment; required communications

(a)
Except as otherwise specifically provided in Code Section
31-12A-6
, smoking shall be prohibited in all enclosed areas within places of employment, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities.
(b)
Such prohibition on smoking shall be communicated to all current employees by July 1, 2005, and to each prospective employee upon their application for employment.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-7 - Smoking prohibited in designated nonsmoking places

Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of Code Section
31-12A-8
is posted.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-8 - "No Smoking" signs; ashtrays prohibited in nonsmoking areas

(a)
"No Smoking" signs or the international "No Smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this chapter.
(b)
All ashtrays shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of the area, unless such ashtray is permanently affixed to an existing structure.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-9 - Public education program

The Department of Public Health and the agency designated by each local governing authority in this state may engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it and to guide owners, operators, and managers in their compliance with it. The program may include print or electronic publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2010 Ga. Laws 615,§ 11, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-10 - Enforcement by the Department of Public Health and county boards of health

The Department of Public Health and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of any establishment or business at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-11 - Local operating procedures

The county boards of health may annually request other governmental and educational agencies having facilities within the area of the local government to establish local operating procedures in cooperation and compliance with this chapter.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-12 - Other laws, rules, regulations, and ordinances not prohibited

This chapter shall be cumulative to and shall not prohibit the enactment of any other general or local laws, rules, and regulations of state or local governing authorities or local ordinances prohibiting smoking which are more restrictive than this chapter or are not in direct conflict with this chapter.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 12A - GEORGIA SMOKEFREE AIR ACT OF 2005 (§§ 31-12A-1 — 31-12A-13) › Section 31-12A-13 - Construction

(a)
This chapter shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.
(b)
Nothing in this chapter shall be construed as to repeal the provisions of Code Section
16-12-2
.
(c)
This chapter shall be liberally construed so as to further its purposes.
Added by 2005 Ga. Laws 368,§ 2, eff. 5/9/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-2 - Declaration of policy

It is the policy of this state, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens and, to the extent authorized under Article VI, Section 2 of the Constitution of the United States:
(1)
To institute and maintain programs to allow development and utilization of sources of radiation for purposes that are consistent with the protection of the environment and the health and safety of the public; and
(2)
To prevent any associated harmful effects of radiation upon the environment or the health and safety of the public through the institution and maintenance of regulatory programs for radiation sources, providing for:
(A)
Compatibility with the standards and regulatory programs of the federal government for by-product, source, and special nuclear materials;
(B)
An effective system of regulations within the state consistent with this chapter and with any environmental laws, rules, regulations, standards, or limitations; and
(C)
A system consonant insofar as possible with those of other states.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-4 - Administration of state-wide radiation control program for radiation generating equipment

The Department of Community Health is designated the state agency to administer a state-wide radiation control program for radiation generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Department of Natural Resources. It is declared to be the intent of the General Assembly that no provision of this chapter shall be construed so as to repeal, supersede, or preempt any of the functions, powers, authority, duties, or responsibilities assigned to the Environmental Protection Division of the Department of Natural Resources under this chapter or any other laws or statutes of this state.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-4.1 - Administration of state-wide radiation control program for radioactive materials

The Department of Natural Resources is designated the state agency to administer a state-wide radiation control program for radioactive materials consistent with this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-6 - Bonding licensees

(a)
The Department of Natural Resources may require the posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a licensee to meet the requirements of the Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation from radioactive material in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, ownership, or control. The Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by range of monetary amounts not to exceed $5 million. In establishing such requirements, the Department of Natural Resources shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of radioactive material used by the licensee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the licensee to perform such services to the satisfaction of the Department of Natural Resources; provided, however, that a bond not less than $5 million shall be required for any licensee offering commercial radiation sterilization services, excluding hospitals, blood banks, and physicians' offices.
(b)
The Department of Natural Resources shall have authority upon finding that conditions under this Code section have not been met or when it determines that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare.
(c)
A licensee who abandons a site or facility without taking the required actions to meet the requirements of the Department of Natural Resources shall be guilty of a misdemeanor.
(d)
Any bonding or financial protection requirements established by the Department of Natural Resources pursuant to this Code section shall not apply to the state or any agency of the state.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-8 - Licensing users of by-product, source, and special nuclear materials as sources of ionizing radiation

(a)
The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain responsibilities of the federal government with respect to sources of ionizing radiation and the assumption of such responsibilities by this state.
(b)
Upon the signing of the contract as provided in subsection (a) of this Code section, the Department of Natural Resources shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-8.1 - General or specific licensing for use, manufacture, transport, transactions in, and possession of radioactive material

The Department of Natural Resources shall establish, manage, and administer a program for the general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radioactive material including by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials, including the promulgation of such rules and regulations as the Board of Natural Resources may deem necessary to implement and enforce the program. Such rules or regulations shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-8.2 - Licensing of diagnostic and therapeutic medical uses of radioactive materials

The Department of Community Health is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, distribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation generating equipment. Such rule or regulation shall provide for suspension or revocation of registration. Each application for registration shall be in writing on forms prescribed and furnished by the Department of Community Health and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Community Health may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Community Health may require any applications or statements to be made under oath or affirmation. No registration issued under the authority of this chapter and no right to possess or utilize radiation generating equipment granted by any registration shall be assigned or in any manner disposed of without prior notification to the Department of Community Health.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-9 - Records of use of radiation sources and exposure of employees to radiation

(a)
The Department of Community Health and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, each person who possesses or uses a source of radiation (1) to maintain appropriate records relating to its receipt, storage, use, transfer, or disposal and to maintain such other records as the Department of Community Health or the Department of Natural Resources, as is applicable, may require, subject to such exemptions as may be provided by rules and regulations; and (2) to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the Department of Community Health or the Department of Natural Resources, as is applicable, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this subsection shall be submitted to the Department of Community Health or the Department of Natural Resources, as is appropriate, or the duly authorized agents of such department upon request.
(b)
The Department of Community Health and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, any person possessing or using a source of radiation to furnish, at the request of any employee for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, upon termination of employment, and at any time such employee has received excessive exposure.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-10 - Suspension, revocation, and amendment of license or registration; emergency orders; review

(a)
The Department of Natural Resources may refuse to grant a license as provided in Code Section
31-13-8
or
31-13-8.1
and the Department of Community Health may refuse to register radiation generating equipment as provided in Code Section
31-13-8.2
to any applicant who does not possess the applicable requirements or qualifications which the Department of Natural Resources or the Department of Community Health, as applicable, may prescribe in rules and regulations. The Department of Natural Resources or the Department of Community Health may suspend, revoke, or amend any license or registration, respectively, in the event the person to whom such license or registration was granted violates any of the rules and regulations of the Department of Natural Resources or the Department of Community Health, whichever is applicable, or ceases or fails to have the reasonable facilities prescribed by the Department of Natural Resources or the Department of Community Health, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title.
(b)
Whenever the Department of Natural Resources or the Department of Community Health finds that an emergency exists involving any licensee or registrant requiring immediate action to protect the public health and safety, the Department of Natural Resources or the Department of Community Health, as is appropriate, may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the Department of Natural Resources or the Department of Community Health, as is appropriate, shall be afforded a hearing within ten days. On the basis of such hearing, the emergency order shall be continued, modified, or revoked within 30 days after such hearing, as the Department of Natural Resources or the Department of Community Health, as is appropriate, may deem appropriate under the evidence.
(c)
Any applicant or person to whom a license or registration was granted who is aggrieved by any order of the Department of Natural Resources or the Department of Community Health or the duly authorized agent of such department denying any such application or suspending, revoking, or amending such license or registration may file a hearing request with the appropriate agency to contest such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-11 - Impounding and condemnation of radiation generating equipment and radioactive materials

(a)
In the event of an emergency, the Department of Community Health shall have the authority to impound or order the impounding of radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued pursuant to this chapter.
(b)
The Department of Community Health may release such radiation generating equipment to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radiation generating equipment and providing for its destruction or other disposition so as to protect the public health and safety.
(c)
In the event of an emergency, the Department of Natural Resources shall have the authority to impound or order the impounding of radioactive materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules and regulations issued pursuant to this chapter.
(d)
The Department of Natural Resources may release such radioactive materials to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radioactive materials and providing for their destruction or other disposition so as to protect the public health and safety.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-12 - License required

It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the Department of Natural Resources or the Department of Community Health, respectively, in accordance with this chapter and rules and regulations adopted and promulgated pursuant to this chapter.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-14 - Inspections and investigations

The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to the handling of radioactive materials in the state.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-15 - Investigation of apparent violations; initiation of legal proceedings

The director shall have the authority to investigate any apparent violation of this chapter and to take any action authorized under this chapter as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-16 - Authorization to remedy violation by conference, conciliation, or persuasion; order to undertake corrective action

Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this chapter shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the director no later than 30 days after such order is served on such person or persons.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-17 - Declaration of existence of emergency

Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-18 - Hearing on order or notice of action

Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, such person may request and obtain a hearing by filing a petition with the director within 30 days after service of the order or notice of action. Such hearing and any other hearing under this chapter shall be conducted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-19 - Judicial review

Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. In this connection, all proceedings for judicial review shall be conducted in accordance with subsections (b) through (h) of Code Section
50-13-19
, and any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-20 - Filing certified copy of unappealed final order or affirmed order

The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-21 - Temporary or permanent injunction; restraining order

Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this chapter, the director may apply to the superior court of the county where such person resides or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-22 - Representation of director in actions

It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-23 - Transfer of powers and duties between Department of Natural Resources and Department of Community Health

The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Community Health as he deems appropriate by executive order.
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 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-24 - Effect on proceedings commenced before April 4, 1990; continuation of federal aid to agency receiving transfer of functions

This chapter shall not affect the validity of any judicial or administrative proceeding pending or which was commenced before April 4, 1990, and any successor department shall be substituted as the proper party at interest. Furthermore, upon the transfer of any function under this chapter, the agency assuming the transfer and performing the function in the future shall be construed as a continuation of the original agency for the purpose of federal aid and may continue to receive any such funds to carry out or perform such functions.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 13 - RADIATION CONTROL (§§ 31-13-1 — 31-13-25) › Section 31-13-25 - Rules, regulations, agreements, and contracts formerly under Department of Human Resources (now known as the Department of Community Health for these purposes)

All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990.
Amended by 2009 Ga. Laws 102,§ 1-38, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-1 - "Active tuberculosis" defined; declaration of policy

(a)
As used in this chapter, the term "active tuberculosis" means a diagnosis demonstrated by clinical, bacteriologic, or diagnostic imaging evidence, or a combination thereof. Persons who have been diagnosed as having active tuberculosis and have not completed a course of antituberculosis treatment are still considered to have active tuberculosis and may be infectious.
(b)
Active tuberculosis is declared to be dangerous to the public health.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-2 - Petition for commitment

When the county board of health or the Department of Public Health has evidence that any person has active tuberculosis and is violating the rules and regulations promulgated by the department or the orders issued by the county board of health and thereby presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, the county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found. The petition executed under oath shall state the specific evidence supporting the allegations, that the evidence has existed within the preceding 30 days, that the person named therein has active tuberculosis and is violating the rules and regulations of the department or the orders of the county board of health and presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or department to comply with such rules, regulations, or orders, and that the public health requires commitment of the person named therein. The petition must be accompanied by a certificate of a physician stating that the physician knows or suspects that the person named therein may have active tuberculosis, the evidence which forms the basis of this opinion, and whether a full evaluation of the person is necessary.
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 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-4 - Service of copy of petition and order; penalty for failure to comply

A copy of the petition and order shall be served on the person named in the petition. Any failure of such person to comply with the order or with the notice by the persons appointed therein to make examination shall be enforceable by attachment for contempt.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-5 - Circumstances allowing custody pending hearing

Where a danger exists that the person named in the petition may abscond or conceal himself or herself or where the person is conducting himself or herself so as to present a substantial risk of exposing other persons to an imminent danger of infection, the court may, as a part of the order made pursuant to Code Section
31-14-3
, direct the sheriff or the sheriff's deputies to take such person into custody pending hearing and impose such confinement as will not endanger other persons. An affidavit shall be attached to the petition containing the specific facts supporting the need for custody pending hearing.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-6 - Report of persons making examination; service of copies

The person or persons appointed by the order to make the examination shall file a report thereof, in triplicate, in the court wherein the proceeding is pending. The clerk of the superior court shall forthwith make service of one copy on the agency instituting the proceeding and one copy on the party named as defendant therein and the defendant's attorney, which service shall be personal or by certified mail or statutory overnight delivery.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-7 - Results of hearing; commitment to hospital or facility; dismissal of petition and release from custody; costs of transportation; review of commitment order

(a)
Upon the hearing set in the order, if the court finds that the person has active tuberculosis, is violating the rules and regulations promulgated by the department or the orders issued by the county board of health after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, presents a substantial risk of exposing other persons to an imminent danger of infection, and there is no less restrictive available alternative to involuntary treatment at a hospital or facility approved by the department for the care of tubercular patients, then the court shall issue an order committing the defendant to the custody of the sheriff of the county or the sheriff's deputies to be delivered to the designated hospital or facility, where the defendant shall be admitted for care and treatment not to exceed two years. If the court does not find that the above standards are met, then the court shall dismiss the petition and the defendant shall be released from custody if taken into custody pursuant to Code Section
31-14-5
. The costs of transporting such person to the hospital or facility shall be paid out of county funds.
(b)
An order for commitment shall be subject to review at the instance of either party by appeal.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-8 - Period of confinement of patients committed under chapter

Upon commitment the patient shall be confined in a hospital or facility approved by the department for the care of tubercular patients for a period not to exceed two years unless, before the expiration of such two-year period, the designated responsible physician of the tuberculosis inpatient unit determines that the following conditions no longer exist:
(1)
The patient has active tuberculosis; or
(2)
The patient has active tuberculosis and there is a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drug-resistant tuberculosis. The likelihood of noncompliance must be based upon a history of noncompliance with treatment; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the department.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-8.2 - Appeal from orders of superior court or hearing examiner; costs; right to counsel

Either party may appeal any order of the superior court or hearing examiner in a proceeding under this chapter. An order of the superior court may be appealed to the Court of Appeals or the Supreme Court as provided by law but shall be heard as expeditiously as possible. The appeal of an order of a hearing examiner shall be to the superior court of the county in which the proceeding was held. The review shall be conducted by the superior court without a jury and shall be confined to the record. The court, upon request, may hear oral argument and receive written briefs. The patient must pay his or her costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The parties shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel on appeal or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided in this Code section are in addition to any other appeal rights which the parties may have.
Amended by 2016 Ga. Laws 626,§ 3-13, eff. 1/1/2017.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-9 - Procedure for securing discharge; petition for habeas corpus

(a)
At any time after commitment and not more often than once every six months, the patient or any friend or relative having reason to believe that the patient no longer has active tuberculosis or that the patient's discharge will not endanger the public health may institute proceedings by petition in the superior court of the county wherein the confinement exists, whereupon the judge shall set the matter for a hearing to occur within 15 days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be discharged. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of the patient's own choice and at the patient's own personal expense. Thereafter all proceedings shall be conducted in the same manner as are proceedings for commitment.
(b)
In addition to the above procedure for securing discharge, the patient or a friend or relative on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request a court of competent jurisdiction to issue a writ for release, provided that a copy of the petition along with the proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and upon the county board of health or the Department of Public Health which initiated the petition for commitment pursuant to Code Section
31-14-2
, which service shall be made by certified mail or statutory overnight delivery.
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 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-10 - Enforcement of rules and regulations by county boards of health

The county boards of health or their duly authorized agents shall, within their respective limits, enforce rules and regulations adopted by the department for the protection of the public against active tuberculosis.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-11 - Unauthorized leave of committed person from hospital or facility

Any person who leaves a hospital or facility approved by the department for the treatment of tuberculosis to which he or she has been committed by court order, without having been discharged by the medical staff of the tuberculosis inpatient unit or the community tuberculosis control unit, shall be taken into custody and returned thereto by the sheriff of any county where such person may be found, upon affidavit being filed with the sheriff by the designated responsible official of the hospital or facility to which such person has been committed.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 14 - HOSPITALIZATION FOR TUBERCULOSIS (§§ 31-14-1 — 31-14-14) › Section 31-14-12 - Applicability of commitment provisions to persons who obey rules and regulations of department

No person having active tuberculosis who, in his or her home or other place, obeys the rules and regulations of the department and county boards of health for the control of active tuberculosis or who voluntarily accepts care in a hospital or facility operated for the care of tuberculosis, in his or her home, or in another place and who obeys the rules and regulations of the department and completes the prescribed course of therapy for the control of active tuberculosis shall be committed as prescribed in this chapter.
Amended by 2005 Ga. Laws 418,§ 1, eff. 7/1/2005.