Title 31

Health care providers and volunteers recruited, trained, or accepted under this article shall not be subject to any provisions of the laws of this state relating to state employment, collective bargaining, hours of work, rates of compensation, leave time, or employee benefits. Ho…

The Department of Administrative Services shall annually compile a report of all claims statistics which shall include the number and total of all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this arti…

Annually, the department shall report to the President of the Senate, the Speaker of the House of Representatives, the minority leaders of each house, and chairpersons of the House Health and Human Services Committee and the Senate Health and Human Services Committee, summarizing…

The department shall be responsible for and shall pay such amounts as determined by the Department of Administrative Services for insurance premiums for liability coverage for the cost of claims and defense against litigation arising out of health care services delivered pursuant…

The department shall adopt rules and regulations to administer this article in a manner consistent with its purpose to provide and facilitate access to appropriate, safe, and cost-effective health care services and to maintain health care quality. All providers and volunteers sha…

This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50. History. — Code 1…

As used in this article, the term: (1) ‘‘Controlled substance’’ means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) ‘‘Eligible patient’’ means an individual who i…

(a) The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients. (b) Drugs shall only be dispensed pursuant to the program if: (1) For pres…

(a) Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility, may donate over-the-counter and prescription drugs to the program. The drugs shall be donated to an eligi…

When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, crimi…

(a) No later than January 1, 2017, the Department of Public Health shall establish rules and regulations to implement the program according to the provisions of this article for criteria for eligible recipients; standards and procedures for safely storing and dispensing donated d…

Legislative intent. Definitions. Rights of residents generally. Explanation of rights; acknowledgment of explanation; posting of rights at facilities. Giving certain notices to persons who became residents before July 1, 1981. Information to be provided 437 residents upon admissi…

Definitions. Disbursement of state funds to counties. Qualification of counties for participation in program. Submission of budget by county. Credit for expenditures by county. Qualifications for assistance under program; waiver of residence requirements in emergencies. Agreement…

Definitions. 31-8-167. 31-8-168. 438 Legislative authority. Definitions. Segregated account of revenues raised through provider fees. Provider fee based on patient day; quarterly payment required. Use of segregated account funds; form for reporting provider fee; maintenance of re…

Definitions. Segregated account for the deposit of fees. Assessment, calculation, and payment of fees. Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee. App…

Definitions. Determination of indigency. Creation of fund. Maintenance of records; certification of cost of care; determination of amount of fund. Payments from fund to hospitals. State appropriations to fund. Compliance with this article Long-term Care Ombudsman Program 31-8-50.…

This chapter shall be known and may be cited as the ‘‘Georgia Medical Consent Law.’’ History. — Code 1933, § 88-2901, enacted by Ga. L. 1971, p. 438, § 1.

(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommen…

(a) As used in this Code section, the term ‘‘emergency’’ means a situation wherein (1) according to competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary and (2) a person authorized to consent under Code Section 31-9-2 is no…

— State’s policy and procedure for the involuntary administration of antipsychotic drugs to patients at the state mental hospital does not violate substantive or procedural due process. Hightower by Dehler v. Olmstead, 959 F. Supp. 1549 (N.D. Ga. 1996). No legal authority to confi…

This chapter shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter. History. — Code 1933, § 88-2902, enacted by Ga. L. 1971, p. 43…

(a) This chapter shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage. (b) A consent by one person…

(a) Except as otherwise provided in this Code section, any person who undergoes any surgical procedure under general anesthesia, spinal anesthesia, or major regional anesthesia or any person who undergoes an amniocentesis diagnostic procedure or a diagnostic procedure which invol…

Consent: New Georgia Guidelines,’’ discussing law of medical consent in Georgia, in light of Young v. Yarn, 136 Ga. App. 737, 222 S.E.2d 113 (1975), see 12 Ga. St. B. J. 197 (1976). For article, ‘‘Res Ipsa Loquitur and Medical Malpractice in Georgia: A Reassessment,’’ see 17 Ga. …

This chapter shall be known and may be cited as the ‘‘Woman’s Right to Know Act.’’ History. — Code 1981, § 31-9A-1, enacted by Ga. L. 2005, p. 1450, § 6/HB 197.

As used in this chapter, the term: (1) ‘‘Abortion’’ means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term ‘‘abortion’’ shall not include the use or pr…

No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Notwithstanding any provision of law to the contrary, except in the case of a medical emergency, consent to an abortion is voluntar…

(a) The Department of Public Health shall cause to be published in English and in each language which is the primary language of 2 percent or more of the state’s population and shall cause to be available on the state website provided for in subsection (d) of this Code section th…

(a) When a medical emergency compels the performance of an abortion, the physician shall inform the female prior to the abortion, if medically reasonable and prudent, of the medical indications supporting the physician’s judgment that an abortion is medically necessary to avert h…

(a) The Department of Public Health shall prepare a reporting form for physicians performing abortions in a health facility licensed as an abortion facility by the Department of Community Health containing a reprint of this chapter and listing: (1) The number of females to whom t…

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the fo…

In any civil proceeding or action relating to this chapter or a breach of duty under this chapter, the court shall rule whether the anonymity of any female upon whom an abortion has been performed shall be preserved from public disclosure if she does not give her consent to such …

If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this chapter shall r…

As used in this chapter, the term: (1) ‘‘Abortion’’ has the meaning provided by Code Section 31-9A-2. (2) ‘‘Medical emergency’’ has the meaning provided by Code Section 31-9A-2. (3) ‘‘Medically futile’’ means that, in reasonable medical judgment, the unborn child has a profound a…

(a) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or attempted to be performed unless the physician performing such procedure has first made a determination of the presence of a detectable human hear…

(a) (For effective date, see note.) Any physician who performs or attempts to perform an abortion shall report to the department, in conjunction with the reports required under Code Section 31-9A-6 and in accordance with forms and rules and regulations adopted and promulgated by …

As used in this chapter, the term: (1) ‘‘Commissioner’’ means the commissioner of public health. (2) ‘‘Dead body’’ means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) ‘‘Department’’ means…

(a) Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten days to the State Office of Vital Records the following information: (1) The date and place of finding; (2) Sex, color or…

(a) When a certificate of birth of a person born in this state has not been filed before that person’s first birthday, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary req…

(a) If a delayed certificate of birth is rejected under the provisions of Code Section 31-10-11, a petition signed and sworn to by the petitioner may be filed in either the superior court or the probate court in the county of residence of the person for whom a delayed certificate…

(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify…

(a) For each legitimation, annulment of legitimation, and amendment of an order of legitimation decreed by a court of competent jurisdiction in this state, the clerk of the court shall not later than the fifteenth day of each calendar month or more frequently, as directed by the …

(a) In each case in which an order declaring paternity is entered by a court of competent jurisdiction in this state or by the Office of State Administrative Hearings, the clerk of the court or the Office of State Administrative Hearings shall not later than the fifteenth day of …

(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following: (1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws…

(a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within ten days after the death as follows: (1) If the place of death is unknown but the dead body is found…

(a) A person may be pronounced dead by a qualified physician, by a registered professional nurse or nurse practitioner authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1, by an advanced practice registered nurse authorized to make a pronouncement…