reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 39 - CARDIOPULMONARY RESUSCITATION (§§ 31-39-1 — 31-39-9) › Section 31-39-9 - Effect of chapter on legal rights and responsibilities; right of court to approve order not to resuscitate

(a)
Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of cardiopulmonary resuscitation in any lawful manner or affect the validity of orders not to resuscitate issued and implemented under other circumstances. In such respect, the provisions of this chapter are cumulative.
(b)
Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of an order not to resuscitate under circumstances other than those under which such an order may be issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-1 - Definitions

As used in this chapter, the term:
(1)
"Body art" means a tattoo or piercing placed on the body of a person for aesthetic or cosmetic purposes.
(2)
"Body artist" means any person who performs body art. Such term shall not include in its meaning any physician or osteopath licensed under Chapter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant to subsection (a) of Code Section
16-5-71
.
(3)
"Body art studio" means any facility or building on a fixed foundation wherein a body artist performs body art.
(4)
"Microblading of the eyebrow" means a form of cosmetic tattoo artistry where ink is deposited superficially in the upper three layers of the epidermis using a handheld or machine powered tool made up of needles known as a microblade to improve or create eyebrow definition, to cover gaps of lost or missing hair, to extend the natural eyebrow pattern, or to create a full construction if the eyebrows have little to no hair.
(5)
"Tattoo" means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin. Such term includes microblading of the eyebrow.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
Amended by 2018 Ga. Laws 531,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-2 - Issuance of permits

It shall be unlawful for any person to operate a body art studio or perform body art without having first obtained a valid permit. Body art studio permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the department. Body artist permits shall be issued by the Department of Public Health. Permits shall be valid until suspended or revoked and shall not be transferable.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
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 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-3 - Denial, suspension, and revocation of permit; notice and hearing

(a)
The county boards of health may deny, suspend, or revoke a body art studio permit for a violation of this chapter or the rules and regulations promulgated thereunder. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied.
(b)
The department may deny, suspend, or revoke a body artist permit for a violation of this chapter or the rules and regulations promulgated thereunder, after notice to the permit holder and opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-4 - Administrative review of order of county board of health

Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew a body artist studio permit provided under this chapter may secure review thereof by appeal to the department as provided in Article 1 of Chapter 5 of this title.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-5 - Rules and regulations

(a)
The department shall have the power to adopt and promulgate rules and regulations to ensure the protection of the public health. Such rules and regulations shall prescribe health and safety standards for body artists and body art studios with regard to:
(1)
Location and cleanliness of facilities;
(2)
Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all personnel;
(3)
Informed consent by the person receiving any form of body art;
(4)
Procedures for ensuring adequate explanation to consumers of the proper subsequent care of any form of body art;
(5)
Proper use and maintenance of equipment, including tools, dyes, and pigments; and
(6)
Competence and specialized knowledge of body artists.
(b)
County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by the department.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
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 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-6 - Enforcement of chapter; inspection of premises

The department 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 a body art studio at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
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 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-7 - Criminal penalty

Any person, firm, or corporation performing body art without a valid permit shall be guilty of a misdemeanor.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-8 - Display of notification concerning disqualification from military service

Each body art studio shall conspicuously display in a prominent place easily seen by patrons a printed sign that warns that any body art on the face, neck, forearm, hand, or lower leg of an individual may automatically disqualify such individual from military service in the armed forces of the United States. Such notice shall be at least 11 inches by 14 inches in size, with letters at least one inch in height.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
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 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-9 - Enactment of more stringent laws

Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing body art.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 40 - BODY ART STUDIOS (§§ 31-40-1 — 31-40-10) › Section 31-40-10 - Criminal law not repealed

Nothing in this chapter shall be construed to repeal the provisions of Code Section
16-12-5
; provided, however, that Code Section
16-12-5
shall not apply to microblading of the eyebrow.
Amended by 2019 Ga. Laws 146,§ 2-1, eff. 7/1/2019.
Amended by 2018 Ga. Laws 531,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 1 - GENERAL PROVISIONS (§§ 31-41-1 — 31-41-6) › Section 31-41-1 - Short title

This chapter shall be known and may be cited as the "Georgia Lead Poisoning Prevention Act of 1994."
Amended by 2010 Ga. Laws 488,§ 6, eff. 5/24/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 1 - GENERAL PROVISIONS (§§ 31-41-1 — 31-41-6) › Section 31-41-2 - Legislative findings

(a)
The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child's risks of developing permanent reading and learning disabilities, intelligence quotient deficiencies, impaired hearing, reduced attention span, hyperactivity, behavior problems, and other neurological problems. It is estimated that thousands of children below the age of six are affected by lead poisoning in Georgia. Childhood lead poisoning is dangerous to the public health, safety, and general welfare.
(b)
Childhood lead poisoning is the result of environmental exposure to lead. The most significant source of environmental lead is lead-based paint, particularly in housing built prior to 1978, which becomes accessible to children as paint chips, house dust, and soil contaminated by lead-based paint. The danger posed by lead-based paint hazards can be controlled by abatement, renovation, or interim controls of lead-based paint or by measures to limit exposure to lead-based paint hazards.
(c)
It is crucial that the identification of lead hazards and subsequent implementation of interim control, renovation, or abatement procedures be accomplished in a manner that does not result in additional harm to the public or the environment. Improper lead abatement or renovation constitutes a serious threat to persons residing in or otherwise using an affected structure or site, to those performing such work, to the environment, and to the general public.
(d)
The General Assembly finds that it is in the public interest to establish minimum standards for the training and certification or licensure of all persons performing lead hazard reduction activities and for inspections, risk assessments, and planning and performance of interim controls, renovation, or abatement measures for such activities.
Amended by 2010 Ga. Laws 488,§ 6, eff. 5/24/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 1 - GENERAL PROVISIONS (§§ 31-41-1 — 31-41-6) › Section 31-41-5 - Enforcement of chapter; violations

The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
Amended by 2010 Ga. Laws 488,§ 6, eff. 5/24/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 1 - GENERAL PROVISIONS (§§ 31-41-1 — 31-41-6) › Section 31-41-6 - Federal regulations; fees; corrective orders; violations

(a)
The department shall make available to all persons licensed or certified under this chapter current federal regulations affecting such licensees or certified persons.
(b)
The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Natural Resources. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department.
(c)
The department is authorized to issue a corrective order to any person in violation of this chapter or any regulation promulgated pursuant thereto. The order shall specify the provisions of this chapter or any regulation alleged to have been violated and shall order necessary corrective action be taken within a reasonable time to be prescribed in such order.
(d)
The department is authorized to revoke or suspend any license, certification, approval, or accreditation issued hereunder, in accordance with regulations promulgated pursuant to this chapter.
(e)
It shall be unlawful for any person to engage in training or lead-based paint activities regulated under this chapter except in such a manner as to conform to and comply with this chapter and all applicable regulations and orders established under this chapter.
(f)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
Added by 2011 Ga. Laws 214,§ 2, eff. 5/12/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-10 - Short title

This article shall be known and may be cited as the "Childhood Lead Exposure Control Act."
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-11 - Legislative findings

(a)
The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health, Epidemiology, and Laboratory sections of the Department of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system.
(b)
The General Assembly further finds that the Georgia Public Health Laboratory is licensed and certified to analyze blood specimens for lead. Laboratory services are provided for children screened in public health clinics and for children without health insurance screened by private health care providers. For each reported case of lead poisoning, an environmental investigation is conducted to identify the source of lead. Environmental health specialists assess the primary residence and other locations frequented by the lead poisoned child. Information is collected from parents and caregivers; on-site surface testing and environmental sample collection and analysis are done as needed. When the lead source is identified, recommendations are made for the mitigation or abatement of the lead hazard. Identified lead poisoning cases are tracked collaboratively by public health nurses and environmental health specialists to assure that appropriate treatment is received and that the child does not reenter the environment where the exposure occurred.
Amended by 2022 Ga. Laws 776,§ 2, eff. 7/1/2022.
Amended by 2011 Ga. Laws 244,§ 6-2, eff. 7/1/2011.
Added by 2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-13 - Notice of lead poisoning hazard

Upon determination that a lead poisoning hazard exists, the department shall give written notice of the lead poisoning hazard to the owner of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The department shall also make every reasonable and practicable effort to provide written notice to the managing agent of the dwelling, dwelling unit, school, or day-care facility. The written notice to the owner, managing agent, or tenant shall include a list of possible methods of abatement of the lead poisoning hazard.
Amended by 2011 Ga. Laws 244,§ 6-6, eff. 7/1/2011.
Amended by 2008 Ga. Laws 719,§ 2, eff. 7/1/2008.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-15 - Owner liability for units constructed prior to 1978

Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable:
(1)
for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section
31-41-12
, provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section
31-41-16
annually during such occupancy; or
(2)
if the owner is able to show that the unit was lead safe housing containing no lead-based paint hazards during the period when the injuries were sustained. Nothing contained in this article shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-16 - Certificate evidencing compliance; liability relief

An owner of a unit who has complied with the maintenance standard may apply annually to the department for, and upon presentation of acceptable proof of compliance shall be provided by the department a certificate evidencing such compliance. The owner shall be entitled to the liability relief provided for in Code Section
31-41-15
upon obtaining such certificate or certificates.
Amended by 2011 Ga. Laws 244,§ 6-6, eff. 7/1/2011.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-17 - Advice regarding cleaning activities

In any residential housing unit, day-care facility, or school occupied by a child less than six years old who has an elevated blood lead level, the department shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:
(1)
Wiping clean all window sills with a damp cloth or sponge at least weekly;
(2)
Regularly washing all surfaces accessible to the child;
(3)
In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and
(4)
Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit, including vinyl miniblinds, playground equipment, soil, and painted surfaces, and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors.
Amended by 2022 Ga. Laws 776,§ 5, eff. 7/1/2022.
Amended by 2011 Ga. Laws 244,§ 6-6, eff. 7/1/2011.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-18 - Application

This article shall only apply to:
(1)
Owners of residential rental property that accept compensation for the use of residential property by another;
(2)
Landlords that accept compensation for the use of residential property by another;
(3)
Day-care facilities; and
(4)
Schools.
Amended by 2022 Ga. Laws 776,§ 6, eff. 7/1/2022.
Amended by 2008 Ga. Laws 719,§ 3, eff. 7/1/2008.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-19 - Rules and regulations

The Department of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article.
Amended by 2011 Ga. Laws 244,§ 6-2, eff. 7/1/2011.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 42 - OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION (§§ 31-42-1 — 31-42-3) › Section 31-42-1 - Short title

This chapter shall be known and may be cited as the "Osteoporosis Prevention and Treatment Education Act."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 42 - OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION (§§ 31-42-1 — 31-42-3) › Section 31-42-2 - Purposes

The purposes of this chapter are, to the extent funds are available:
(1)
To create a multigenerational, state-wide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection, and treatment options;
(2)
To facilitate understanding of osteoporosis with educational materials, information about research, services, and strategies for prevention and treatment;
(3)
To utilize educational and training resources of organizations with expertise and knowledge of osteoporosis;
(4)
To evaluate the quality and accessibility of osteoporosis services of community based services;
(5)
To provide easy access to clear, complete, and accurate osteoporosis information and referral services;
(6)
To educate and train service providers, health professionals, and physicians; and to heighten awareness about the prevention, detection, and treatment of osteoporosis among health and human service officials, health educators, and policy makers; and
(7)
To promote the development of support groups for osteoporosis patients and their families and caregivers.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 42 - OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION (§§ 31-42-1 — 31-42-3) › Section 31-42-3 - Strategies to promote and maintain education program

The department shall establish strategies to promote and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, educate consumers, and train health professionals, teachers, and human service providers, including:
(1)
Public awareness.
The department shall develop strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, value of prevention and early detection, and options for diagnosis and treatment;
(2)
Consumer education.
The department shall develop strategies for educating consumers about risk factors, diet and exercise, diagnostic procedures and their indications for use, risks and benefits of drug therapies currently approved by the U.S. Food and Drug Administration, and the availability of services;
(3)
Professional education.
The department may develop strategies for educating physicians and health professionals and training service providers on osteoporosis prevention, diagnosis, and treatment, including guidelines for detecting and treating in special populations, and medication options;
(4)
Needs assessment.
The department may conduct a needs assessment to identify research being conducted; technical assistance and educational materials and programs nationwide; the level of awareness about osteoporosis; the needs of patients, families, and caregivers; the needs of health care providers, including managed care organizations; the services available to patients; existence of treatment programs; existence of rehabilitation services; and number and location of bone density testing equipment. To the extent that funds are specifically appropriated, the department shall develop and maintain a resource guide to include osteoporosis related services; and
(5)
Technical assistance.
The department may replicate and use successful osteoporosis programs and contracts with and purchase materials or services from organizations with expertise and knowledge of osteoporosis.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 43 - COMMISSION ON MEN'S HEALTH (§ 31-43-1) › Section 31-43-1 - through 31-43-13 - [Reserved]

Reserved. Repealed by Ga. L. 2019, p. 919, § 10-1/HB 553, effective July 1, 2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Community Health.
(2)
"Department" means the Department of Community Health.
(3)
"Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane.
(4)
"Dialysis technician" means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.
(5)
"End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.
(6)
"End stage renal disease facility" means a facility that provides dialysis treatment, home dialysis training, support services, or any combination thereof to individuals with end stage renal disease.
(7)
"Physician" means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of Title 34.
(8)
"Reuse technician" means an individual who is not a registered nurse or licensed physician who performs the procedures necessary to clean and properly prepare kidney dialyzers for use for multiple treatments.
Amended by 2011 Ga. Laws 244,§ 4-18, eff. 7/1/2011.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-2 - Fees

The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification surveys of dialysis clinics. In setting fees under this Code section, the board shall consider setting a range of license and renewal fees based upon the number of dialysis stations at each facility, but in no event shall the annual license fee exceed $1,500.00 per end stage renal disease facility.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-3 - Adoption of rules

The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable to end stage renal disease facilities or personnel thereof and shall set forth minimum standards for the health, safety, and protection of the patient being served.
Amended by 2020 Ga. Laws 521,§ 31, eff. 7/29/2020.
Amended by 2019 Ga. Laws 296,§ 11-1, eff. 7/1/2019.
Amended by 2019 Ga. Laws 41,§ 2-15, eff. 7/1/2019.
Amended by 2005 Ga. Laws 371,§ 2, eff. 7/1/2005.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
Amended by 2003 Ga. Laws V3, § 7, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-4 - License required

Except as provided by Code Section
31-44-5
, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes effective for all purposes, and which has been certified for participation in the federal medicare program shall be granted a license by the department upon payment of the applicable license fee. A license shall be effective for a 12 month period following the date of issue and shall expire one year following such date; provided, however, a facility that has not been inspected during the year may continue to operate under its existing license until an inspection is made.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-5 - Exceptions to licensing requirement

The following facilities are not required to be licensed under this chapter:
(1)
A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving services from the hospital;
(2)
The office of a physician unless the office is used primarily as an end stage renal disease facility; or
(3)
Federal or state agency facilities.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-6 - Application for license; fee; evidence of qualified staff; temporary provisional license; issuance of license; renewability of license

(a)
An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.
(b)
Each application must be accompanied by a nonrefundable $100.00 application fee.
(c)
Each application must contain evidence that there are sufficient qualified staff at the facility.
(d)
The department may grant a temporary provisional license to an applicant.
(e)
The department shall issue a license if it finds the applicant meets the requirements of this chapter and the rules adopted under this chapter.
(f)
The license is renewable periodically after submission of:
(1)
The renewal application and fee; and
(2)
Satisfactory compliance with the rules adopted under this chapter.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-7 - Minimum standards of rules

The rules adopted under Code Section
31-44-3
must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-8 - Qualifications of employees

An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-9 - Minimum standards for curricula, instructors, and training

The rules adopted by the board under Code Section
31-44-3
shall establish:
(1)
Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians;
(2)
Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians;
(3)
Minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis or reuse technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and
(4)
The acts and practices that are allowed or prohibited for dialysis or reuse technicians.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-10 - Inspections

(a)
The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter.
(b)
An inspection conducted under this Code section shall be unannounced, except for initial inspections, location changes, or expansions.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-11 - Authority of department to deal with violations of this chapter or rules adopted thereunder

(a)
The department is authorized to issue, deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter, or take other disciplinary actions against licensees as provided in Code Section
31-2-8
.
(b)
The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2011 Ga. Laws 244,§ 4-7, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-9, eff. 7/1/2009.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-12 - Deposit of collected penalties

A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-13 - Temporary management of facilities

(a)
A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter.
(b)
After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.
(c)
An agreement under this Code section must:
(1)
Specify all terms and conditions of the temporary manager's appointment and authority; and
(2)
Preserve all rights granted by law of the individuals served by the facility.
(d)
The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e)
The appointment terminates at the time specified by the agreement.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-14 - Action to enjoin operation of facility

The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for the appointment of a temporary manager to manage that end stage renal disease facility if:
(1)
The facility is operating without a license;
(2)
The department has denied, suspended, or revoked the facility's license, but the facility continues to operate;
(3)
License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;
(4)
The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or
(5)
The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 44 - RENAL DISEASE FACILITIES (§§ 31-44-1 — 31-44-15) › Section 31-44-15 - Fee of temporary manager

(a)
A temporary manager appointed under Code Section
31-44-13
or
31-44-14
is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility.
(b)
A temporary manager appointed under Code Section
31-44-13
may petition the court to order the release to such manager of any payment owed such manager for care and services provided to patients of the facility if the payment has been withheld.
(c)
Withheld payments that may be released under subsection (b) of this Code section may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:
(1)
Medicaid, medicare, or insurance payments; or
(2)
Payments from another third party.
Amended by 2005 Ga. Laws 371,§ 1, eff. 7/1/2005.
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 31-45-2 - Purpose

The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
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 31-45-3 - Definitions

As used in this chapter, the term "public swimming pool," "swimming pool," or "pool" means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, country club pools, subdivision pools which are open only to residents of the subdivision and their guests, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist, therapeutic chambers drained, cleaned, and refilled after each individual use, or to religious ritual baths used solely for religious purposes.
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 31-45-4 - Issuance of permits; terms of expiration

(a)
On or after December 31, 2000, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b)
Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
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 31-45-5 - Operation permit required for each public swimming pool

A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1)
The owner's name, address, and telephone number;
(2)
The operator's name, address, and telephone number;
(3)
The street address of the public swimming pool;
(4)
The physical location of the public swimming pool;
(5)
The type of public swimming pool;
(6)
The construction date, if applicable;
(7)
The proposed operating dates;
(8)
The type of disinfection; and
(9)
The signature of the owner or a designated representative of the owner.
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 31-45-6 - Construction of public swimming pools

Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section
31-45-4
and shall be in compliance with plans and data submitted in accordance with Code Section
31-45-5
and other data approved by the county board of health of the county in which each pool is located.
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 31-45-7 - Notification for inspection

A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.
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 31-45-8 - Inspections by the county board of health

Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Public Health. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
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 31-45-9 - Suspension or revocation of permit

A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Public Health.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.