Title 31 — Title 31
0 chapters · 651 sections in this title.
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 116 31-3-8 specified areas and citizens therein without regard to the remainder of the county. History. — Code 1933, § 88-205, enacted b…
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 Adoption of rules and regulations
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Hearings. Appeals. Testimony or production of evidence by compulsory process. Classification of confidential and privileged materials. Distribution of rules. Application of this chapter. Penalty for violations of the provisions of this title. Injunctions for enjoining violations …
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. § 31-5-22 Issuance; grounds
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(a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he is satisfied that the following conditions are met: (1) The one seeking the …
O.C.G.A. § 31-5-23 Contents
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The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes, either directly or by reference to the affidavit, the property u…
O.C.G.A. § 31-5-24 Exclusion of evidence obtained
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Repealed by Ga. L. 2015, p. 598, § 1-13/HB 72, effective July 1, 2015. Editor’s notes. — This Code section was based on Code 1933, § 88-306A, enacted by Ga. L. 1975, p. 693, § 1.
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. § 31-5-5 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. 31-5-8. Penalty for violati…
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. 132 31-…
O.C.G.A. § 31-6-1 Declaration of policy
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The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those 141 3…
O.C.G.A. § 31-6-2 Definitions
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As used in this chapter, the term: (1) ‘‘Ambulatory surgical center or obstetrical facility’’ means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environ…
O.C.G.A. § 31-6-20 Health Strategies Council generally [Repealed]
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31-6-21. Department of Community Health functions and powers. 31-6-21.1. Procedures for rule making by Department of Community Health. 31-6-22. Commissioner of department [Repealed]. Article 3 Certificate of Need Program 31-6-40. Certificate of need required for new institutional…
O.C.G.A. § 31-6-21 Department of Community Health functions and powers
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(a) The Department of Community Health, established under Chapter 2 of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and con…
O.C.G.A. § 31-6-21.1 Procedures for rule making by Department of Community Health
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(a) Rules of the department shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ except that the department shall not be required to comply with subsections (c) through (g) of …
O.C.G.A. § 31-6-22 Commissioner of department
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Repealed by Ga. L. 2008, p. 12, § 1-1/SB 433, effective July 1, 2008. Editor’s notes. — This Code section was based on Code 1981, § 31-6-22, en- acted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1999, p. 296, § 7. ARTICLE 3 CERTIFICATE OF NEED PROGRAM
O.C.G.A. § 31-6-3 Declaration of policy
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Definitions. ‘‘Medical use rights’’ defined; limitations. Article 2 Organization 31-6-20. Health Strategies Council generally [Repealed].
O.C.G.A. § 31-6-40.2 New perinatal services
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(a) As used in this Code section only, the term: (1) ‘‘Certificate of need application’’ means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with th…
O.C.G.A. § 31-6-41 Scope and term of validity of certificate
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(a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, service area, cost, and person are approved by the department, unless such certificate of need…
O.C.G.A. § 31-6-42 Qualifications for issuance of certificate
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(a) The written findings of fact and decision, with respect to the department’s grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The de…
O.C.G.A. § 31-6-42.1 Payment of obligations prior to granting or modifying a certificate of need
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No applicant for a new certificate of need, a modification to an existing certificate of need, or a conversion of a certificate of need that has any outstanding amounts owed to the state including fines, 178 31-6-42.1 STATE HEALTH PLANNING AND DEVELOPMENT 31-6-43 penalties, fees,…
O.C.G.A. § 31-6-43 Acceptance or rejection of application for certificate
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(a) At least 30 days prior to submitting an application for a certificate of need for clinical health services, a person shall submit a letter of intent to the department. The department shall provide by rule a process for submitting letters of intent and a mechanism by which app…
O.C.G.A. § 31-6-44 Certificate of Need Appeal Panel
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(a) Effective July 1, 2008, there is created the Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the appeal panel shall be to serve as a panel of indepen…
O.C.G.A. § 31-6-44.1 Judicial review
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(a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the ‘‘Georgia Administra…
O.C.G.A. § 31-6-45 History
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— Code 1981, § 31-6-40.1, enacted by Ga. L. 1991, p. 1419, § 1; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46; Ga. L. 2019, p. 148, § 1-5/HB 186. The 2019 amendment, effective July 1, 2019, deleted former subsection (b.1), which read: …
O.C.G.A. § 31-6-45.1 Automatic revocation of certificate of need or authority
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(a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the department when that facility’…
O.C.G.A. § 31-6-46 Annual report by department
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The department shall prepare and submit an annual report to the board and to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 200 31-6-47 month…
O.C.G.A. § 31-6-47 Exemptions from chapter
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(a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated …
O.C.G.A. § 31-6-47.1 Prior notice and approval of certain activities
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The department shall require prior notice from a new health care facility for approval of any activity which is believed to be exempt pursuant to Code Section 31-6-47 or excluded from the requirements of this chapter under other provisions of this chapter. The department may requ…
O.C.G.A. § 31-6-48 Prior entities abolished; transfer of contractual obligations
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The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review 212 31-6-49 Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the …
O.C.G.A. § 31-6-49 Transitional provisions
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All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health on July 1, 1999. All matters of the Health Planning R…
O.C.G.A. § 31-7-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Community Health. (2) ‘‘Commissioner’’ means the commissioner of community health. (3) ‘‘Department’’ means the Department of Community Health. (4) ‘‘Institution’’ means: (A) Any building, facility, or place in w…
O.C.G.A. § 31-7-11 Written summary of hospital service charge rates
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(a) Any hospital shall, upon request, provide a written summary of certain hospital and related services charges, including but not limited to: (1) The average total charges per patient day for the facility’s previous fiscal year; (2) The daily rate for a room in said hospital, w…
O.C.G.A. § 31-7-110 Short title
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This article shall be known and may be cited as the ‘‘Residential Care Facilities for the Elderly Authorities Act.’’ History. — Ga. L. 1980, p. 1466, § 1. 31-7-111. Findings; declaration of policy.
O.C.G.A. § 31-7-111 Findings; declaration of policy
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(a) It is found, determined, and declared that: (1) There exists in this state a seriously inadequate supply of and a critical need for facilities which can furnish the comprehensive services required by elderly persons in a single location, including, without limitation, residen…
O.C.G.A. § 31-7-112 Definitions
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As used in this article, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this article. (2) ‘‘Cost of project’’ includes: (A) All costs of construction, purchase, or other form of acquisition; (B) All costs of real or personal property required for th…
O.C.G.A. § 31-7-114 Powers of authorities
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(a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend an action; (2) To adopt and amend a…