Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-35-10 Definitions
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As used in this article, the term: (1) ‘‘Bioterrorism’’ means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following: (A) Microorganism; (B) Virus; (C) Infectious substance; or (D) Biologic…
O.C.G.A. § 31-35-2 Definitions
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As used in this chapter, the term: (1) ‘‘Emergency medical technician’’ means an emergency medical technician as defined in Code Section 31-11-2. (2) ‘‘Fire department’’ means a service group (paid or volunteer) that is organized and trained for the prevention and control of loss…
O.C.G.A. § 31-35-3 Legislative findings
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Definitions. Voluntary vaccinations for hepatitis B; screening for hepatitis C. Sec. 31-35-11. Vaccinations for emergency responders; exemption provided by physician; priority; administration and implementation; funding. Article 2 Bioterrorism Protection for Emergency Responders …
O.C.G.A. § 31-36A-1 Short title
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This chapter shall be known and may be cited as the ‘‘Temporary Health Care Placement Decision Maker for an Adult Act.’’ History. — Code 1981, § 31-36A-1, enacted by Ga. L. 1999, p. 485, § 5. 31-36A-2. Legislative findings.
O.C.G.A. § 31-36A-2 Legislative findings
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(a) The General Assembly recognizes that there may be occasions when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health…
O.C.G.A. § 31-36A-3 Definitions
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As used in this chapter, the term: (1) ‘‘Absence of a person authorized to consent’’ means that: (A) After diligent efforts for a reasonable period of time, no person authorized to consent under the provisions of Code Section 31-36A-6 has been located; or (B) All such authorized …
O.C.G.A. § 31-36A-4 Construction of chapter in relation to Title 37
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This chapter shall not apply to involuntary examination and hospitalization for treatment of mental illness, which shall continue to be governed by Title 37. History. — Code 1981, § 31-36A-4, enacted by Ga. L. 1999, p. 485, § 5. 31-36A-5. Certification by physician.
O.C.G.A. § 31-36A-5 Certification by physician
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An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; a…
O.C.G.A. § 31-38-1 Definitions
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As used in this chapter, the term: (1) ‘‘CFR’’ means Code of Federal Regulations. (1.1) ‘‘Consumer’’ means any individual who is provided access to a tanning facility as defined in this chapter. (2) ‘‘Individual’’ means any human being. (3) ‘‘Operator’’ means any individual desig…
O.C.G.A. § 31-38-10 Private right of action authorized
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In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or p…
O.C.G.A. § 31-38-11 Variance permitted
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Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the Attorney General for a variance 935 31-38-12 from the requirements of Code Section 31-38-4. Any such variance granted by the Attorney General shall be in writing and shal…
O.C.G.A. § 31-38-2 Exemptions from applicability of chapter
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(a) Any person is exempt from the provisions of this chapter to the extent that such person: (1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and (2) Does not use the equipment described in paragraph (1) of this subsection to deliberately e…
O.C.G.A. § 31-38-3 Construction, operation, and maintenance requirements
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Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. History. — Code 1981, § 31-38-3, enacted by Ga. L. 1991, p. 1411, § 2. 930 31-38-4 31-38-4. Warning sign to be posted; …
O.C.G.A. § 31-38-4 Warning sign to be posted; contents of warning sign
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(a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object…
O.C.G.A. § 31-38-4.1 Regulation of tanning facilities
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(a) After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. (b) A person shall register under this Code section by submitting a form to the department. The form shall require only the name, add…
O.C.G.A. § 31-38-6 Stand-up tanning booth requirements
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Tanning booths designed for stand-up use shall also comply with the following additional requirements: (1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer’…
O.C.G.A. § 31-38-7 Protective goggles requirement
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(a) The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment. (b) The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5). (c) Tanning fa…
O.C.G.A. § 31-38-9 Noncompliance with chapter
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Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. History. — Code 1981, § 31-…
O.C.G.A. § 31-39-1 Legislative findings and intent
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The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an attending physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a pa…
O.C.G.A. § 31-39-2 Definitions
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As used in this chapter, the term: (1) ‘‘Adult’’ means any person who is 18 years of age or older, is the parent of a child, or has married. (2) ‘‘Attending physician’’ means the physician selected by or assigned to a patient to have primary responsibility for the treatment and c…
O.C.G.A. § 31-39-3 Legislative findings and intent
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Definitions. Patient presumed to consent to administration of cardiopulmonary resuscitation; patient’s order not to resuscitate; health care facilities not required to expand to provide cardiopulmonary resuscitation. 31-39-4. Persons authorized to issue order not to resuscitate.
O.C.G.A. § 31-39-4 Persons authorized to issue order not to resuscitate
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(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term ‘‘do not resuscitate,’’ ‘‘DNR,’’ ‘‘order not to resuscitate,’’ ‘‘do not attempt…
O.C.G.A. § 31-39-5 Cancellation of order not to resuscitate
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(a) An attending physician for whose patient an order not to resuscitate has been issued pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 shall examine that patient at such intervals as determined periodically by the physician to determine whether the patient still…
O.C.G.A. § 31-39-6 Revocation of consent to order not to resuscitate
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(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician…
O.C.G.A. § 31-40-1 Definitions
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As used in this chapter, the term: (1) ‘‘Body art’’ means a tattoo or piercing placed on the body of a person for aesthetic or cosmetic purposes. (2) ‘‘Body artist’’ means any person who performs body art. Such term shall not include in its meaning any physician or osteopath lice…
O.C.G.A. § 31-40-10 Criminal law not repealed
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Nothing in this chapter shall be construed to repeal the provisions of Code Section 16-12-5; provided, however, that Code Section 16-12-5 shall not apply to microblading of the eyebrow. 952 History. — Code 1981, § 31-40-10, enacted by Ga. L. 1994, p. 446, § 2; Ga. L. 2018, p. 996…
O.C.G.A. § 31-40-2 Issuance of permits
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It shall be unlawful for any person to operate a body art studio or perform body art without having first obtained a valid permit. Body art studio permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by …
O.C.G.A. § 31-40-5 Rules and regulations
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(a) The department shall have the power to adopt and promulgate rules and regulations to ensure the protection of the public health. Such rules and regulations shall prescribe health and safety standards for body artists and body art studios with regard to: (1) Location and clean…
O.C.G.A. § 31-40-6 Enforcement of chapter; inspection of premises
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The department and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect th…
O.C.G.A. § 31-40-7 Criminal penalty
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Any person, firm, or corporation performing body art without a valid permit shall be guilty of a misdemeanor. History. — Code 1981, § 31-40-7, enacted by Ga. L. 1994, p. 446, § 2; Ga. L. 2019, p. 462, § 2-1/SB 214. The 2019 amendment, effective July 1, 2019, substituted ‘‘perform…
O.C.G.A. § 31-40-8 Criminal penalty
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Display of notification concerning disqualification from military service. 31-40-9. Enactment of more stringent laws. 31-40-10. Criminal law not repealed.
O.C.G.A. § 31-40-9 Enactment of more stringent laws
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Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing body art. History. — Code 1981, § 31-40-9, enacted by Ga. L. 1994, p. 446, § 2; Ga. L. 2019, p. 462, § 2-1/SB 214. The 2019 amendment…
O.C.G.A. § 31-41-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Lead Poisoning Prevention Act of 1994.’’ History. — Code 1981, § 31-41-1, enacted by Ga. L. 1994, p. 1617, § 1; Ga. L. 2010, p. 531, § 6/SB 78.
O.C.G.A. § 31-41-10 Short title
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This article shall be known and may be cited as the ‘‘Childhood Lead Exposure Control Act.’’ History. — Code 1981, § 31-41-10, enacted by Ga. L. 2000, p. 1260, § 1. 31-41-11. Legislative findings.
O.C.G.A. § 31-41-11 Legislative findings
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(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health and Injury Prevention, Epidemiology and Prevention, and Laboratory Branches of the Department of Public Health. These activities include le…
O.C.G.A. § 31-41-12 Definitions
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As used in this article, the term: (1) ‘‘Confirmed lead poisoning’’ means a confirmed concentration of lead in whole blood equal to or greater than 20 micrograms of lead per deciliter for a single test or between 15 and 19 micrograms of lead per deciliter in two tests taken at le…
O.C.G.A. § 31-41-13 Notice of lead poisoning hazard
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Upon determination that a lead poisoning hazard exists, the department shall give written notice of the lead poisoning hazard to the owner of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The depart…
O.C.G.A. § 31-41-14 Abatement of lead poisoning hazard
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(a) Upon determination that a child less than six years of age has a confirmed lead poisoning and that the child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the department shall require a lead…
O.C.G.A. § 31-41-15 Owner liability for units constructed prior to 1978
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Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: (1) for any injuries sustained by t…
O.C.G.A. § 31-41-16 Certificate evidencing compliance; liability relief
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An owner of a unit who has complied with the maintenance standard may apply annually to the department for, and upon presentation of acceptable proof of compliance shall be provided by the department a certificate evidencing such compliance. The owner shall be entitled to the lia…
O.C.G.A. § 31-41-18 Application
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This article shall only apply to: (1) Owners of residential rental property; and (2) Landlords that accept compensation for the use of residential property by another. History. — Code 1981, § 31-41-18, enacted by Ga. L. 2000, p. 1260, § 1; Ga. L. 2008, p. 822, § 3/HB 1043. 31-41-…
O.C.G.A. § 31-41-19 Rules and regulations
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The Department of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article. 969 History. — Code 1981, § 31-41-19, enacted by Ga. L. 2000, p. 1260, § 1; Ga. L. 2011, p. 705, § 6-2/HB 214. 31-41-19
O.C.G.A. § 31-41-2 Legislative findings
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(a) The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child’s risks of developing permanent reading and learning disabilities, intelligence quotient …
O.C.G.A. § 31-41-3 Definitions
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As used in this chapter, the term: (1) ‘‘Abatement’’ means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the board, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent containment or …
O.C.G.A. § 31-41-5 Enforcement of chapter; violations
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The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any p…
O.C.G.A. § 31-41-6 Federal regulations; fees; corrective orders; violations
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(a) The department shall make available to all persons licensed or certified under this chapter current federal regulations affecting such licensees or certified persons. (b) The department is authorized to charge an application fee, a license fee, a license renewal fee, or a sim…
O.C.G.A. § 31-42-1 Short title
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This chapter shall be known and may be cited as the ‘‘Osteoporosis Prevention and Treatment Education Act.’’ History. — Code 1981, § 31-42-1, enacted by Ga. L. 1995, p. 841, § 2.
O.C.G.A. § 31-42-2 Purposes
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The purposes of this chapter are, to the extent funds are available: (1) To create a multigenerational, state-wide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection, and treatment options; (2) To facilitate understanding of osteopo…
O.C.G.A. § 31-42-3 Strategies to promote and maintain education program
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The department shall establish strategies to promote and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, educate consumers, and train health professionals, teachers, and human service providers, including: (1) Public awarene…
O.C.G.A. § 31-44-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Community Health. (2) ‘‘Department’’ means the Department of Community Health. (3) ‘‘Dialysis’’ means a process by which dissolved substances are removed from a patient’s body by diffusion, osmosis, and convectio…