reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 9 - GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 30-9-16 - Records not open to inspection by the general public; limited access

(a)
The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
(1)
Completed participation applications, executed participation agreements, and ABLE account numbers;
(2)
All wiring or automated clearing-house transfer of funds instructions regarding participation agreements;
(3)
ABLE account transactions, IP addresses used to initiate transactions, and analysis statements received or prepared by or for the corporation;
(4)
All bank routing and account numbers in the possession of the corporation and any record or document containing such numbers;
(5)
All proprietary computer software in the possession or under the control of the corporation; and
(6)
All security codes and procedures related to physical, electronic, or other access to any ABLE account or the trust fund, its systems, and its software.
(b)
For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public:
(1)
Investment trade tickets; and
(2)
Bank statements.
(c)
The restrictions of subsections (a) and (b) of this Code section shall not apply to access:
(1)
Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the corporation is a party;
(2)
In prosecutions or other court actions to which the State of Georgia or the corporation is a party;
(3)
Given to federal or state regulatory or law enforcement agencies;
(4)
Given to any person or entity in connection with an ABLE account to which such person or entity is an account contributor or given to any person in connection with an ABLE account of which such person is a beneficiary; or
(5)
Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter.
Added by 2016 Ga. Laws 519,§ 1, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-1 - Legislative findings

The General Assembly finds and declares the following:
(1)
It is an essential function of state government to provide basic support for persons with one or more mental or physical impairments that substantially limit one or more major life activities, whether the impairments are congenital or occur by reason of accident, injury, age, or disease;
(2)
The cost of providing basic support for persons with mental or physical impairments is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support;
(3)
The families and friends of persons with mental or physical impairments desire to supplement, but not replace, the basic support provided by state government and other governmental programs;
(4)
Medical, social, and other supplemental services are often provided by family members and friends of persons with mental or physical impairments for the lifetime of the impaired persons; and
(5)
It is necessary and desirable for the public health, safety, and welfare of the citizens of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with mental or physical impairments to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those persons with impairments.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-2 - Definitions

As used in this chapter, the term:
(1)
"Board of trustees" means a board of trustees of a community trust established pursuant to this chapter.
(2)
"Community trust" means a trust administered in accordance with this chapter by a nonprofit organization that qualifies as a tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code for the benefit of persons with impairments.
(3)
"Cotrustee" means any person named by the donor to work with the board of trustees in providing benefits to a life beneficiary; provided, however, that neither the donor nor the donor's spouse shall be the cotrustee if the donor or the donor's spouse is the life beneficiary.
(4)
"Donor" means any person who contributes assets to a community trust to establish an account for a life beneficiary.
(5)
"Impairment" means a mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings.
(6)
"Life beneficiary" means a beneficiary designated by a donor to a community trust.
(7)
"Successor trust" means the trust established upon distribution by the board of trustees as follows:
(A)
Subsequent to the death or ineligibility of the life beneficiary because the donor has failed to designate a person or persons to whom assets are to be distributed upon the occurrence of such an event or because a distribution to the designated person or persons is impossible; or
(B)
Subsequent to the death of a life beneficiary if the donor designates himself or herself or the donor's spouse as life beneficiary pursuant to paragraph (4) of subsection (b) of Code Section
30-10-6
.
A successor trust shall meet all requirements for a community trust provided in this chapter and shall be administered as set forth in this chapter.
(8)
"Successor trustee" means the trustee as designated by the donor who shall administer the successor trust.
(9)
"Trustee" means a member of a community trust board of trustees.
Amended by 2001 Ga. Laws 2, § 30, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-3 - Donors; benefits; assets

(a)
Donors may supplement the care, support, habilitation, rehabilitation, and treatment of persons with impairments pursuant to this chapter. Neither the contribution to a community trust for the benefit of a life beneficiary nor the use of community trust income or principal to provide benefits shall in any way reduce, impair, or diminish the benefits for which a person is otherwise eligible by law.
(b)
The assets held by the board of trustees of any community trust and its income and operations shall be exempt from all state and local taxation.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-4 - Community trusts; creation

Nonprofit organizations which qualify as tax-exempt organizations under Section 501(c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments are eligible to create community trusts in accordance with the provisions of this chapter. Two or more organizations which qualify as tax-exempt organizations under Section 501(c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of impaired persons are eligible to create joint community trusts in accordance with the provisions of this chapter.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-5 - Community trusts; board of trustees

Each community trust shall have a board of trustees appointed by the governing body of the nonprofit organization forming the trust, which shall include persons with expertise in business and investments and persons with expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments. The members of the board of trustees shall serve without compensation but shall be reimbursed by the community trust for their actual expenses relating to the trust. The board of trustees shall administer the community trust and establish policies and rules and regulations necessary to exercise its powers in accordance with this chapter.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-7 - Life beneficiaries

(a)
No life beneficiary shall have any vested or property rights or interests in a community trust. No life beneficiary shall have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of a community trust. The income or principal or any interest of any life beneficiary under a community trust shall not be liable for any debt incurred by the life beneficiary. The principal or income of a community trust shall not be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
(b)
Except for the right of a donor, other than a donor or a donor's spouse who is a life beneficiary, to revoke any contribution made to a community trust, pursuant to paragraph (5) of subsection (b) of Code Section
30-10-6
, and the right of any cotrustee other than the donor to withdraw all of the contribution made to the account of a life beneficiary, pursuant to paragraph (7) of subsection (b) of Code Section
30-10-6
, neither the donor nor any cotrustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of a community trust. The income or the principal or any interest of any life beneficiary in the trust shall not be liable for any debt incurred by the donor or any cotrustee. The principal or income of a community trust shall not be subject to seizure by any creditor of any donor or any cotrustee under any writ or proceeding in law or in equity.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-8 - Liability of trustees

No trustee, cotrustee, successor cotrustee, or successor trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by a community trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee, cotrustee, successor cotrustee, or successor trustee.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 10 - COMMUNITY TRUSTS (§§ 30-10-1 — 30-10-9) › Section 30-10-9 - Distribution of funds upon dissolution; perpetuities; restraints on alienation; construction of chapter

(a)
Upon the dissolution of any organization administering a community trust, the remaining balance of each trust account shall be distributed to other community trusts. The Attorney General may bring an action in the superior courts for the dissolution of a nonprofit organization or a community trust for the purpose of terminating the trust or merging it with another community trust.
(b)
Community trusts shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation, including Article 9 of Chapter 6 of Title 44, the "Uniform Statutory Rule Against Perpetuities."
(c)
Nothing contained in this chapter shall be construed so as to impair or limit the creation of other forms of trusts or charitable trusts, whether or not similar to community trusts permitted by this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-1 - Definitions

Except as specifically provided otherwise, as used in this title, the term:
(1)
"Board" means the Board of Public Health.
(2)
"Commissioner" means the commissioner of public health.
(3)
"Department" means the Department of Public Health.
Amended by 2011 Ga. Laws 244,§ 3-5, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 392,§ 2-7, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-2 - Use of flammable materials in eyeglass frames; delivery of completed work by offices, companies, or laboratories; penalty

(a)
No person shall distribute, sell, exchange, deliver, or have in his possession with intent to distribute, sell, exchange, or deliver in this state any prescription eyeglass frame or prescription sunglass frame containing any form of cellulose nitrate or other highly flammable material.
(b)
Optical offices, manufacturing companies, or laboratories which prepare lenses for prescription eyeglasses or sunglasses, including industrial safety eyewear, and which perform mechanical work upon inert materials in the preparation of such eyeglasses or sunglasses shall in every case deliver the completed product of their efforts only to the physician, optometrist, or licensed dispensing optician who ordered the work performed.
(c)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: the first offense shall be punished by a fine of not more than $200.00; each subsequent offense shall be punished by a fine of not more than $500.00.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-3 - Detection of hearing impairments in infants; evaluations

(a)
It shall be the public policy of this state that newborn infants in certain high-risk categories be evaluated for the detection of hearing impairments in order to prevent many of the consequences of these disorders.
(b)
The department shall develop guidelines for evaluation and follow-up procedures for the detection of hearing impairments in infants determined by the department to be in those high-risk categories in which the likelihood of such impairments is greatest and shall develop rules and regulations to ensure that all such high-risk infants are evaluated within one year of their birth. No such evaluation shall be made as to any newborn infant if the parents or legal guardian of the child objects thereto on the grounds that such a test would conflict with their religious tenets or practices.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-3.1 - Reporting disabled newborn persons; referral to treatment and rehabilitative services

(a)
It is the intent of the General Assembly to ensure the registration by the department of disabled newborn persons in order that all such persons might obtain referral and other services provided by existing state agencies, departments, other organizations, and individuals.
(b)
As used in this Code section, the term "disabled newborn person" means a person less than 12 months old who is deaf, blind, or has a serious congenital defect as defined by the department.
(c)
Except as otherwise provided, every public and private health and social agency and every physician authorized to practice medicine in this state shall report to the department the name of any person such agency or physician has identified as being a disabled newborn person. The report shall be made within 48 hours after identification of that person and shall contain the name, age, address, type and extent of disability, social security number, if any, and such other information concerning that person as the department may require.
(d)
The department shall establish procedures whereby a disabled newborn person for whom a report is made under this Code section shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services.
(e)
The department shall:
(1)
Maintain records of reports, notifications, and referrals made under this chapter; and
(2)
Maintain and update rosters of public and private departments or agencies which provide services to persons who have disabilities like those of disabled newborn persons and send copies of such rosters and an annual update thereof to each county board of health for those boards of health to make such rosters available to the public.
(f)
Statistical information collected under this Code section shall be available to any other federal or state agency or private organization concerned with disabilities of newborn persons, but no names or addresses will be provided without the consent of the immediate family or guardian of the disabled newborn person.
(g)
Any person or entity with whom the department enters into a contract after June 30, 1987, for services shall, as a condition of that contract, register with the department (formerly the Division of Public Health of the Department of Community Health) the various services that person or entity is capable of or is already providing to disabled newborn persons and persons having disabilities like those of disabled newborn persons for purposes of the roster of services the department maintains under paragraph (2) of subsection (e) of this Code section.
(h)
A person or entity which in good faith makes a report required by subsection (c) of this Code section shall be immune from civil and criminal liability therefor.
Amended by 2011 Ga. Laws 244,§ 5-9, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-4 - Penalties for false representation, impersonation

(a)
Any person who shall make, utter, execute, or submit to the department or to any county board of health any oral or written representation, knowing the same to be false, for the purpose of obtaining anything of value, including any service, shall be guilty of a misdemeanor.
(b)
Any person who shall impersonate or otherwise falsely hold himself out to any other person as an agent of the department or of any county board of health shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-5 - Compensation of employees for damage to wearing apparel caused by patients

(a)
As used in this Code section, the term "wearing apparel" includes eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee.
(b)
When action by a patient in one of the institutions operated by the department results in damage to an item of wearing apparel of an employee of the institution, the department shall compensate the employee for the loss in the amount of either the repair cost or the replacement value or the cost of the item of wearing apparel, whichever is less. Such losses shall be compensated only in accordance with procedures to be established by the department, and no compensation shall be made by the department in excess of $500.00 per claim.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-6 - Reuse of heart pacemakers

(a)
As used in this Code section, the term:
(1)
"Heart pacemaker" means any electrical device which stimulates the heart muscle so that it contracts at a certain or regular rate.
(2)
"Medically acceptable" means conforming to prevailing medical standards of cleanliness and manufacturers' applicable standards for functional operation.
(3)
"Person" includes the following:
(A)
Any hospital, surgeon, or physician;
(B)
Any accredited medical school, college, or university;
(C)
Any licensed, accredited, or approved bank or storage facility of human bodies or parts; or
(D)
Any specified individual needing implantation of a heart pacemaker.
(b)
Any person, as defined in subsection (a) of this Code section, shall be authorized to receive and reuse a heart pacemaker, provided that such device is medically acceptable for its proposed reuse.
(c)
This Code section shall not apply to the receipt and reuse of a nuclear-powered pacemaker.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-7 - Marking of dentures and other removable dental prostheses for identification

(a)
Every complete upper and lower denture and removable permanent partial denture fabricated by a dentist licensed in Georgia shall be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist.
(b)
If, in the professional judgment of the dentist, this marking is not practicable, the marking shall be as follows:
(1)
The initials of the patient may be shown if the use of the full name or social security number is impossible; or
(2)
The marking may be omitted entirely if none of the markings so specified are practical or clinically safe.
(c)
Any removable dental prosthesis in existence prior to July 1, 1988, shall be marked in accordance with this Code section at the time of any subsequent rebasing.
(d)
It shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section. Such notification shall be mailed to the address of record of each person licensed to practice dentistry in this state.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-8 - Notice of proposed special facility

(a)
For the purposes of this Code section, the term "special facility" means any of the following facilities:
(1)
A facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug users as defined in paragraph (11) of Code Section
37-7-1
; or
(2)
A facility operated by the Department of Human Services and used for the treatment and residence of delinquent children, provided such facility affords secure custody.
(b)
At least 30 days prior to the expenditure of state funds for any new or additional special facility by the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services or an agency or board of health contracting with the Department of Behavioral Health and Developmental Disabilities or the Department of Human Services, such department or such agency or board shall notify the governing authority of the county and any municipality wherein the special facility is to be located and each member of the General Assembly whose Senate or House district includes any part of the property upon which the facility is to be located. Such notification shall include a description of the proposed special facility, including its proposed location, the category of patients or persons to be confined therein, and the maximum number of patients or persons to be so confined. The Department of Behavioral Health and Developmental Disabilities or the Department of Human Services shall include such requirements in all departmental contracts entered into with such boards or agencies.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-9 - Breast-feeding of baby

The breast-feeding of a baby is an important and basic act of nurture which should be encouraged in the interests of maternal and child health. A mother may breast-feed her baby in any location where the mother and baby are otherwise authorized to be.
Amended by 2002 Ga. Laws 922, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-10 - State health officer; duties

(a)
The position of state health officer is created. The Governor may appoint the commissioner of public health to serve simultaneously as the state health officer or may appoint another individual to serve as state health officer. Such officer shall serve at the pleasure of the Governor. An individual appointed to serve as state health officer shall be licensed to practice medicine in this state.
(b)
The state health officer shall:
(1)
Perform such health emergency preparedness and response duties as assigned by the Governor; and
(2)
Be authorized to issue a standing order prescribing any of the following on a state-wide basis under conditions that he or she determines to be in the best interest of this state:
(A)
Opioid antagonists, as defined in Code Section
26-4-116.2
; and
(B)
Post-exposure prophylaxis drugs for the prevention of the human immunodeficiency virus (HIV).
Amended by 2024 Ga. Laws 404,§ 1, eff. 7/1/2024.
Amended by 2017 Ga. Laws 141,§ 3-2, eff. 7/1/2017.
Amended by 2017 Ga. Laws 19,§ 5, eff. 4/18/2017.
Amended by 2011 Ga. Laws 244,§ 3-6, eff. 7/1/2011.
Added by 2009 Ga. Laws 102,§ 1-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-12 - Hospitals to provide educational information to parents of newborns regarding pertussis disease and availability of a vaccine

(a)
During the postpartum period and prior to discharge, each hospital shall provide parents of newborns educational information on pertussis disease and the availability of a vaccine to protect against such disease. Such educational information shall include, but not be limited to, information on the recommendation by the federal Centers for Disease Control and Prevention that parents of newborns receive the vaccination during the postpartum period to protect the newborns from the transmission of pertussis.
(b)
Nothing in this Code section shall be construed to require any hospital to provide or pay for any vaccination against pertussis.
Added by 2011 Ga. Laws 243,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-16 - Reporting information concerning nurses holding multistate licenses

The Board of Community Health shall require health care providers and entities that employ one or more nurses holding a multistate license pursuant to Article 4 of Chapter 26 of Title 43 for 30 days or more in a calendar year to report to such board the name, address, and duration of employment of each such nurse in a form and pursuant to a schedule established by such board. The Board of Community Health shall provide such information to the Georgia Board of Nursing.
Added by 2019 Ga. Laws 48,§ 7, eff. 5/12/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-17 - Notification of dense breast tissue

(a)
As used in this Code section, the term:
(1)
"Dense breast tissue" means heterogeneously or extremely dense breast tissue based on nationally recognized guidelines or systems for breast imaging reporting of mammography including, but not limited to, the Breast Imaging Reporting and Data System established by the American College of Radiology.
(2)
"Health care facility" means a hospital, outpatient department, clinic, radiology practice, or mobile unit; an office of a physician; or other medical facility.
(b)
If a patient's mammogram demonstrates dense breast tissue, the health care facility that conducted the mammogram shall provide notification to the patient that includes, but is not limited to, the following information, in the summary of the results of a mammography examination that is sent directly to a patient pursuant to
42 U.S.C. Section 263b
:
"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it more difficult to detect cancer through a mammogram. Also, dense breast tissue may increase your risk for breast cancer. This information about the result of your mammogram is given to you to increase your awareness. Use this information to talk with your health care provider about whether other supplemental tests in addition to your mammogram may be appropriate for you, based on your individual risk. A report of your results was sent to your ordering physician. If you are self-referred, a report of your results was sent to you in addition to this summary."
Added by 2019 Ga. Laws 138,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-18 - Individuals with high risk for breast cancer; consumer information

(a)
As used in this Code section, the term "individual with a high risk for breast cancer" means an individual:
(1)
With a lifetime risk of breast cancer of 20 percent or greater as according to a risk assessment tool based primarily on family history, such as but not limited to, the Tyrer-Cuzick Version 8.0b model;
(2)
With a known BRCA1 or BRCA2 gene mutation based on genetic testing;
(3)
Who has not had genetic testing, but has a first-degree relative with a BRCA1 or BRCA2 gene mutation;
(4)
Who has had radiation therapy to the chest between ten and 30 years of age; and
(5)
Who has Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome or has a first-degree relative who has any such syndrome.
(b)
The department, in consultation with the Georgia Composite Medical Board, shall identify and compile information on factors and pertinent history to identify individuals with a high risk for breast cancer. Such information shall be reviewed annually and updated, if necessary.
(c)
The information identified and compiled pursuant to subsection (b) of this Code section shall be posted in a prominent location on the department's website for the purpose of providing consumers with information on pertinent family history and other factors that should be provided to an individual's physician to determine whether someone is an individual with a high risk for breast cancer. Such information shall also be annually distributed by the Georgia Composite Medical Board to all physicians licensed to practice medicine in this state.
Added by 2020 Ga. Laws 587,§ 2, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 1 - GENERAL PROVISIONS (§§ 31-1-1 — 31-1-19) › Section 31-1-19 - Prohibition on expenditure or use of state resources to advocate for or intend to influence citizens in support of Medicaid expansion under the federal Affordable Care Act

(a)
Neither the state nor any department, agency, bureau, authority, office, or other unit of the state nor any political subdivision of the state shall expend or use moneys, human resources, or assets to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the State of Georgia of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act, Public Law 111-148, beyond the eligibility criteria in effect on April 15, 2014, under the provisions of
42 U.S.C. Section 1396a(a)(10)(A)(i)
(VIII) of the federal Social Security Act, as amended.
(b)
The Attorney General shall enforce the provisions of this Code section in accordance with Article V, Section III, Paragraph IV of the Constitution of the State of Georgia.
(c)
Nothing in this Code section shall be construed to prevent an officer or employee of the State of Georgia or of any department, agency, bureau, authority, office, unit, or political subdivision thereof from advocating or attempting to influence public policy:
(1)
As part of such person's official duties;
(2)
When acting on personal time without using state resources; or
(3)
When providing bona fide educational instruction about the federal Patient Protection and Affordable Care Act of 2010 in institutions of higher learning or otherwise.
(d)
Nothing in this Code section shall be construed to preclude the state from participating in any Medicaid program.
Renumbered by 2022 Ga. Laws 782,§ 31, eff. 5/2/2022.
Amended by 2019 Ga. Laws 321,§ 31, eff. 5/12/2019.
Added by 2014 Ga. Laws 529,§ 1-2, eff. 4/15/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 2 - PATIENT ACCESS TO EYE CARE (§§ 31-1-20 — 31-1-25) › Section 31-1-20 - through 31-1-22 - [Reserved]

Reserved. Repealed by Ga. L. 2005, p. 692, § 1/SB 81, effective July 1, 2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 2 - PATIENT ACCESS TO EYE CARE (§§ 31-1-20 — 31-1-25) › Section 31-1-23 - Blindness education, screening, and treatment program

(a)
(1)
Subject to availability of funds voluntarily donated and transmitted to the department for such purposes pursuant to subsection (e) of Code Section
40-5-25
, the department shall develop a blindness education, screening, and treatment program to provide blindness prevention education and to provide screening and treatment for residents who do not have adequate coverage for such services under a health benefit plan.
(2)
Funds voluntarily donated and transmitted to the department pursuant to subsection (e) of Code Section
40-5-25
shall be expended only for purposes of the program provided by this Code section.
(b)
The program shall provide for:
(1)
Public education about blindness and other eye conditions;
(2)
Screenings and eye examinations to identify conditions that may cause blindness; and
(3)
Treatment procedures necessary to prevent blindness.
(c)
The department may contract for program development with any department approved nonprofit organization dealing with regional and community blindness education, eye donor, and vision treatment services.
(d)
The department by regulation shall prescribe eligibility requirements for the program.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 1 - GENERAL PROVISIONS; ACCESS TO EYE CARE (§§ 31-1-1 — 31-1-25) › Article 2 - PATIENT ACCESS TO EYE CARE (§§ 31-1-20 — 31-1-25) › Section 31-1-25 - Required information for potential patient-subjects for cancer clinical trials; reimbursements; federal compliance

(a)
As used in this Code section, the term:
(1)
"Cancer clinical trial" means a research study that tests a new cancer treatment regimen on patients, including chemotherapy and other new treatments.
(2)
"Inducement" means paying a person money, including a lump sum or salary payment, to participate in a cancer clinical trial.
(3)
"Patient-subject" means a person participating in a cancer clinical trial.
(b)
All sponsors of cancer clinical trials shall provide potential patient-subjects at the time of the informed consent process the following information:
(1)
Whether reimbursement for travel and ancillary costs may be available to patient-subjects;
(2)
That coverage of the travel and ancillary costs is provided to eliminate financial barriers to enrollment in order to retain patient-subjects in the cancer clinical trial; and
(3)
Whether family members, friends, or chaperones who attend the cancer clinical trial treatments to support the patient-subject may be eligible for reimbursement of their travel and ancillary costs.
(c)
(1)
Reimbursement of travel, ancillary costs, and other direct patient incurred expenses related to cancer clinical trial participation shall not be considered an undue inducement for participation in a cancer clinical trial.
(2)
Reimbursement for travel and ancillary costs shall not be considered coercive or as exerting undue influence for participation in a cancer clinical trial, but rather, shall be considered a means to create parity in cancer clinical trial access and remove a barrier to participation for financially burdened patient-subjects.
(3)
Government, industry, public charities, private foundations and other nonprofit organizations, associations, corporations and other business entities, individuals, and any other legal or commercial entities may offer financial support to patient-subjects, or the family members, friends, or chaperones of patient-subjects, to cover ancillary costs through their support of a reimbursement entity or program.
(d)
(1)
Language informing patient-subjects that reimbursement entities or programs that cover travel, ancillary costs, and other direct patient incurred expenses may be available shall be submitted for review to the relevant federally designated institutional review board in conjunction with the review of a proposed cancer clinical trial and included in the informed consent form approved by the institutional review board.
(2)
A reimbursement entity or program shall disclose the nature of the ancillary support and general guidelines on financial eligibility to interested patient-subjects and shall employ a reimbursement process that conforms to federal law and guidance.
Added by 2023 Ga. Laws 227,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-1 - Legislative intent; grant of authority

Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1)
Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies and achieve determinations of Medicaid eligibility for inmates to attain services at long-term care facilities when he or she is being considered for parole;
(2)
Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department;
(3)
Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs;
(4)
Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care;
(5)
Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility;
(6)
Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of conditions deleterious to health or to determine compliance with applicable laws and rules, regulations, and standards thereunder; and
(7)
Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section
16-12-141
are to be performed.
Amended by 2018 Ga. Laws 416,§ 3-1, eff. 7/1/2018.
Amended by 2011 Ga. Laws 244,§ 4-1, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
Chapter head amended by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-2 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Community Health established under Code Section
31-2-3
.
(2)
"Commissioner" means the commissioner of community health established under Code Section
31-2-6
.
(3)
"Department" means the Department of Community Health established under Code Section
31-2-4
.
(4)
"Predecessor agency or unit" means the Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources.
(5)
"State health benefit plan" means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20.
(6)
"State Personnel Board" means the board established under Article IV, Section III of the Constitution.
Amended by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-3 - Board of Community Health reconstituted; powers, functions, and duties; terms of board members; vacancies; removal; chairperson; expenses

(a)
There is reconstituted the Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Community Health as they existed on June 30, 2009, are transferred to the reconstituted Board of Community Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.
(b)
Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.
(d)
Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section
43-1-17
.
(e)
There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.
(f)
The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
Amended by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-6 - Commissioner of community health created; creation of divisions; allocation of functions

(a)
There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
(b)
There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
Amended by 2011 Ga. Laws 245,§ 31, eff. 5/13/2011.
Amended by 2011 Ga. Laws 244,§ 4-3, eff. 7/1/2011.
Added by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
Amended by 2003 Ga. Laws 210, § 1, eff. 7/1/2003.
Amended by 2003 Ga. Laws 50, § 2, eff. Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.
Amended by 2001 Ga. Laws 380.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-9 - [Repealed] Records check requirement for certain health care facilities; definitions; use of information gathered in investigation; penalties for unauthorized release or disclosure; rules and regulations; retention of fingerprints

Repealed by 2018 Ga. Laws 420,§ 1-1, eff. 10/1/2019.
Amended by 2018 Ga. Laws 411,§ 2-6, eff. 7/1/2018.
Amended by 2015 Ga. Laws 86,§ 1-8, eff. 7/1/2015.
Amended by 2014 Ga. Laws 577,§ 2-8, eff. 7/1/2014.
Amended by 2013 Ga. Laws 132,§ 3-2, eff. 7/1/2013.
Amended by 2012 Ga. Laws 617,§ 2, eff. 7/1/2012.
Renumbered from §
31-2-14
by 2011 Ga. Laws 244,§ 4-4, eff. 7/1/2011.
Former § 31-2-9 renumbered as § 31-2-7 by 2011 Ga. Laws 244,§ 4-4, eff. 7/1/2011.
Amended by 2011 Ga. Laws 56,§ 10, eff. 7/1/2011.
Amended by 2010 Ga. Laws 624,§ 31, eff. 6/3/2010.
Added by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-10 - Information and comparisons regarding state-wide cost and quality of health care

Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia.
Renumbered from §
31-2-15
by 2011 Ga. Laws 244,§ 4-4, eff. 7/1/2011.
Former § 31-2-10 renumbered as § 31-2A-10 by 2011 Ga. Laws 244,§ 3-2, eff. 7/1/2011.
Added by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 2 - DEPARTMENT OF COMMUNITY HEALTH (§§ 31-2-1 — 31-2-20) › Section 31-2-12 - [Reserved] Pilot program to provide coverage for bariatric surgical procedures for treatment of obesity and related conditions; definitions; eligibility; requirements; evaluation report on two-year pilot program

Amended by 2019 Ga. Laws 321,§ 31, eff. 5/12/2019.
Added by 2014 Ga. Laws 499,§ 1, eff. effective only if funds are specifically appropriated for the purposes of this Act in an Appropriations Act enacted by the General Assembly. If funds are so appropriated, then this Act shall become effective on the later of the date on which such Appropriations Act becomes effective or the beginning date of the fiscal year for which such appropriations are made.
Renumbered as § 31-2A-11 by 2011 Ga. Laws 244,§ 3-2, eff. 7/1/2011.