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Georgia Statutes, Title 31

Georgia/Statutes

← All Georgia coverage

Title 31

53 chapters · 983 sections in this title.

All chapters in Title 31983 Ch 7, REGULATION AND CONSTRUCTION OF HOSPI…189 Ch 8, CARE AND PROTECTION OF INDIGENT AND …150 Ch 11, EMERGENCY MEDICAL SERVICES65 Ch 2A, DEPARTMENT OF PUBLIC HEALTH36 Ch 10, VITAL RECORDS36 Ch 13, RADIATION CONTROL28 Ch 6, STATE HEALTH PLANNING AND DEVELOPMENT25 Ch 21, DEAD BODIES22 Ch 1, GENERAL PROVISIONS21 Ch 3, COUNTY BOARDS OF HEALTH19 Ch 12, CONTROL OF HAZARDOUS CONDITIONS, PRE…19 Ch 14, HOSPITALIZATION FOR TUBERCULOSIS16 Ch 41, LEAD POISONING PREVENTION16 Ch 2, DEPARTMENT OF COMMUNITY HEALTH15

983 sections·Filtered byTitle 31✕

O.C.G.A. § 31-2A-51 Definitions
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As used in this article, the term: (1) ‘‘Designated facility’’ means a perinatal facility that has been inspected and approved by the department pursuant to this article as meeting its established criteria for a particular maternal or neonatal level of care. (2) ‘‘Perinatal facil…
O.C.G.A. § 31-2A-52 Approval as designated perinatal facility; establishing criteria for levels of maternal and neonatal care
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(a) The department shall establish a procedure by which a perinatal facility may request approval as a designated facility which has achieved a particular maternal or neonatal level of care. (b)(1) The department shall establish through rule making the criteria for levels of mate…
O.C.G.A. § 31-2A-53 Application process; review and redesignation of facilities; failure to comply with criteria
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(a) A perinatal facility may apply to the department for designation through an application process to be determined by the department. The facility shall demonstrate to the satisfaction of the department that it meets the applicable criteria for the requested level of care. The …
O.C.G.A. § 31-2A-54 Listing of designated facilities; self-assessment tool

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(a) On or before December 31, 2019, the department shall post and annually update a list of designated facilities on its website. (b) The department shall adopt or develop a self-assessment tool for use by perinatal facilities that includes separate, minimum requirements for neon…

O.C.G.A. § 31-2A-55 Provisions are not medical care; individualized care and treatment

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This article, and any criteria developed by the department pursuant to this article, shall not be construed to be a medical practice guideline or to establish a standard of care for treatment and shall not be used to restrict or expand the authority of a hospital or other health …

O.C.G.A. § 31-2A-56 Advertisement prohibited unless designated by department

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No person or facility may advertise to the public, by way of any medium whatsoever, that it is a designated facility or has achieved a particular level of maternal or neonatal care according to the criteria established pursuant to this article, unless it has been designated as su…

O.C.G.A. § 31-2A-57 Regulatory authority

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The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article. History. — Code 1981, § 31-2A-57, enacted by Ga. L. 2018, p. 344, § 1/HB 909. CHAPTER 3 COUNTY BOARDS OF HEALTH Sec. 31-3-1.

O.C.G.A. § 31-2-1 Legislative intent; grant of authority

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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…

O.C.G.A. § 31-2-10 Information and comparisons regarding state-wide cost and quality of health care

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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 …

O.C.G.A. § 31-2-11 Biopharmaceuticals; expedited review for Georgia based companies

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(a) As used in this Code section, the term: (1) ‘‘Biopharmaceutical’’ means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) ‘‘Biotechnology’’ means any technological application that uses biological systems, living org…

O.C.G.A. § 31-2-13 Inspection warrant

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(a) As used in this Code section, the term ‘‘commissioner’’ means the commissioner of community health or his or her designee. (b) Nothing in this Code section shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or pursuant to a …

O.C.G.A. § 31-2-14 Nurse aide registry; complaint filing; public access

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(a) The nurse aide registry established and maintained by the department as required by 42 C.F.R. Section 483.156 shall include, in addition to nurse aides who work in licensed facilities, nurse aides who provide services in this state in temporary or permanent private residences…

O.C.G.A. § 31-2-15 Streamlining and expediting credentialing and billing processes

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(a) As used in this Code section, the term ‘‘state medical plan’’ means the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids Program under Article 13 of Chapter 5 o…

O.C.G.A. § 31-2-16 Rural Health System Innovation Center created; purposes and duties; reporting

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(a) There is created and established the Rural Health System Innovation Center within the department’s State Office of Rural Health to serve as a research organization that utilizes Georgia’s academic, public health policy, data, and workforce resources to develop new approaches …

O.C.G.A. § 31-2-2 Definitions

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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 …

O.C.G.A. § 31-2-3 Board of Community Health reconstituted; powers, functions, and duties; terms of board members; vacancies; removal; chairperson; expenses

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(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 tr…

O.C.G.A. § 31-2-4 Department’s powers, duties, functions, and responsibilities; divisions; directors; contracts for health benefits

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(a)(1)(A) The Department of Community Health is re-created and established to perform the functions and assume the duties and powers exercised on June 30, 2009, by the Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Offi…

O.C.G.A. § 31-2-5 Transfer of personnel and functions; conforming to federal standards of personnel administration; existing procedures, regulations, and agreements; rules adoption and implementation

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(a) All persons employed in a predecessor agency or unit on June 30, 2009, shall, on July 1, 2009, become employees of the department. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2009, but the compensation and be…

O.C.G.A. § 31-2-6 Commissioner of community health created; creation of divisions; allocation of functions

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(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 commiss…

O.C.G.A. § 31-2-7 Rules and regulations; variances and waivers to rules and regulations establishing licensure standards for facilities; exemption of classes of facilities from regulation

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(a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations sh…

O.C.G.A. § 31-2-8 Actions against certain applicants or licensees

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(a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Tit…

O.C.G.A. § 31-2-9 Records check requirement for certain health care facilities; definitions; use of information gathered in investigation; penalties for unauthorized release or disclosure; rules and regulations; retent

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(a) As used in this Code section, the term: (1) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) ‘‘Crime’’ means commission of the following offenses: (A) A violation of Code Section 16-…

O.C.G.A. § 31-3-1 Creation

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There is established a county board of health in each and every county of this state. History. — Ga. L. 1914, p. 124, § 2; Code 1933, § 88-201; Ga. L. 1941, p. 317, § 1; Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-3-10 Legal representation

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The county board of health may require the legal services of the county attorney or, its budget permitting, may employ other counsel to assist in performing its duties. History. — Code 1933, § 88-210, enacted by Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-3-11 Appointments of director and staff; supervision

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(a) The county board of health shall appoint as its chief executive officer a director who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and who otherwise meets the requirements of the rules of the State Personnel Board. The director, subject to …

O.C.G.A. § 31-3-12 Duties of director

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Subject to the policies and directives of the county board of health and the policies and directives of the multiple county districts served, the director shall perform the functions and exercise the powers set forth in this chapter except the power to adopt bylaws and to adopt r…

O.C.G.A. § 31-3-12.1 Contracts between county boards; authorization for and provisions applicable to county board of health serving as community service board

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(a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the Department of Behavioral Health and Developmental Disabilities or a community mental health, developmental disabilities,…

O.C.G.A. § 31-3-13 Declaration of public policy; contracts for assistance to boards

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No population area or unit of this state shall be without health services responsive to its needs. Because it is recognized that all counties are not equally able to effectuate this policy, a county board of health may contract for assistance in the performance of its functions a…

O.C.G.A. § 31-3-14 Financing of expenses

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The county board of health, at a regular or called meeting, at a time appropriate to the fiscal operation of the county, shall determine and fix the amount of money needed for the fiscal or calendar year, as the case may be, in accordance with a budget itemizing anticipated incom…

O.C.G.A. § 31-3-15 Establishment of health districts

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The department is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts composed of one or more counties. The county boards of health of the constituent counties shall, at the call of the commission…

O.C.G.A. § 31-3-16 Enforcement under local ordinances

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It is not the intent of this chapter to abrogate the terms of a municipal charter or laws of local application which authorize a governing body within the county to provide penalties for a violation of a valid rule and regulation of the county board of health. History. — Code 193…

O.C.G.A. § 31-3-2 Composition; terms of members

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(a) Each county board of health shall be composed of seven members as follows: (1) One member shall be the chief executive officer of the governing authority of the county, by whatever name called, or some member designated by said officer; in counties where the governing authori…

O.C.G.A. § 31-3-3 Duty to inform department of membership

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The county board of health shall keep the department informed of the names, addresses, and terms of office of its members. History. — Code 1933, § 88-208, enacted by Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-3-4 Powers

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(a) The county board of health is empowered to: (1) Establish and adopt bylaws for its own governance. Meetings shall be held no less frequently than quarterly; (2) Exercise responsibility and authority in all matters within the county pertaining to health unless the responsibili…

O.C.G.A. § 31-3-5 Functions

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(a) Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code section, each county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act which shall remain in force and effect, the following functions: (1) To de…

O.C.G.A. § 31-3-5.1 Conformity prerequisite to building permit

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No building permit for the construction of any residence, building, or other facility which is to be served by a sewage management system shall be issued by or pursuant to the authority of a county governing authority unless the sewage management system installation permit is in …

O.C.G.A. § 31-3-5.2 Definition of ‘‘gray water’’; lawful use

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(a) As used in this Code section, the term ‘‘gray water’’ means waste water discharged from residential lavatories, bathtubs, showers, clothes washers, and laundry trays. (b) Private residential direct reuse of gray water shall be lawful if the following conditions are met: (1) G…

O.C.G.A. § 31-3-6 Rules and regulations of local application

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The county board of health shall have authority to establish rules and regulations which apply to all citizens and premises of the county or to specified areas and citizens therein without regard to the remainder of the county. History. — Code 1933, § 88-205, enacted by Ga. L. 19…

O.C.G.A. § 31-3-7 Compensation for members’ attendance at meetings

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Members of county boards of health shall be paid not more than $25.00 per day for their attendance at meetings of the board, provided funds therefor have been established by budget and are available from funds allocated to that purpose. History. — Code 1933, § 88-206, enacted by …

O.C.G.A. § 31-3-8 Records

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The county board of health shall record and preserve true and correct minutes of its proceedings in a book kept for that purpose and shall maintain or cause to be maintained, unless maintained by the governing authority of the county, accurate double entry accounting records incl…

O.C.G.A. § 31-3-9 Office quarters and equipment

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The governing body of the county shall provide the county board of health with quarters and equipment sufficient for its operation. History. — Code 1933, § 88-209, enacted by Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-5-1 Adoption of rules and regulations

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All rules and regulations of the Department of Public Health and any county board of health shall be adopted after due notice to and hearing by persons and parties affected thereby; and such rules and regulations shall be maintained in a book kept for that purpose, orderly arrang…

O.C.G.A. § 31-5-10 Notifying department or board of health of conditions on private property which are injurious to the public; inspection warrant; notice to owner and occupant; abatement

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(a) The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census. (b) Any person who knows or suspects that a condition exists on priva…

O.C.G.A. § 31-5-2 Hearings

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Hearings shall be required for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ Histo…

O.C.G.A. § 31-5-3 Appeals

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(a)(1) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any person who is a party to a proceeding and who …

O.C.G.A. § 31-5-4 Testimony or production of evidence by compulsory process

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The testimony of any witnesses or the production of any books, papers, records, documents, physical objects, or other evidence for inspection may be compelled by any superior court of competent jurisdiction on application of the department or any county board of health seeking su…

O.C.G.A. § 31-5-5 Classification of confidential and privileged materials

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The department and county boards of health are authorized by regulation to classify as confidential and privileged documents, reports and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and poli…

O.C.G.A. § 31-5-6 Distribution of rules

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The department and all county boards of health are directed to prescribe and make available for distribution the rules of practice and procedure to implement this chapter. History. — Code 1933, § 88-308, enacted by Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-5-7 Application of this chapter

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This chapter shall apply to all other chapters of this title and all amendments hereafter enacted with respect thereto unless provided otherwise expressly or by necessary implication. History. — Code 1933, § 88-309, enacted by Ga. L. 1964, p. 499, § 1.

O.C.G.A. § 31-5-8 Penalty for violations of the provisions of this title

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Any person violating the provisions of this title shall be guilty of a misdemeanor, provided that this Code section shall not apply to violations of the provisions of Chapter 20, 22, or 24 of this title. History. — Code 1933, § 88-301, enacted by Ga. L. 1964, p. 499, § 1.