Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-44-10 Inspections
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(a) The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter. (b) An inspection conducted under this Code section shall be unannounced, except for initial inspections, lo…
O.C.G.A. § 31-44-12 Deposit of collected penalties
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A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund. History. — Code 1981, § 31-44-12, enacted by Ga. L. 2000, p. 526, § 1.
O.C.G.A. § 31-44-13 Temporary management of facilities
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(a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the 981 31-44-14 management of the facility through the appointment of a temporary manager under this chapter. (b) After receiving the request, th…
O.C.G.A. § 31-44-14 Action to enjoin operation of facility
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The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of…
O.C.G.A. § 31-44-15 Minimum standards for curricula, instructors, and training
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Inspections. Authority of department to deal with violations of this chapter or rules adopted thereunder. Deposit of collected penalties. Temporary management of facilities. Action to enjoin operation of facility. Fee of temporary manager. ‘‘(6) Code Section 31-44-6, relating to …
O.C.G.A. § 31-44-2 Fees
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The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification su…
O.C.G.A. § 31-44-3 Adoption of rules; annual reporting
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(a) The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code sec…
O.C.G.A. § 31-44-4 License required
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Except as provided by Code Section 31-44-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes ef…
O.C.G.A. § 31-44-5 Exceptions to licensing requirement
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The following facilities are not required to be licensed under this chapter: (1) A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving services from the hospital; (2) The office of a physician unless the office is used primarily as an …
O.C.G.A. § 31-44-7 Minimum standards of rules
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The rules adopted under Code Section 31-44-3 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility. History. — Code 1981, § 31-44-7, enacted by Ga. L. 2000, p. 526, § 1.
O.C.G.A. § 31-44-8 Qualifications of employees
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An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter. History. — Code 1981, § 31-44-8, enacted by Ga. L. 200…
O.C.G.A. § 31-45-1 Short title
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This chapter shall be known and may be cited as ‘‘Michelle’s Law.’’ History. — Code 1981, § 31-45-1, enacted by Ga. L. 2000, p. 549, § 3.
O.C.G.A. § 31-45-10 Rules and regulations
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(a) The Department of Public Health shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Public Health shall classify public swimming pools on the basis of size, usage, type, or any other appropriat…
O.C.G.A. § 31-45-11 Enforcement of rules and regulations
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Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Public Health and, in con…
O.C.G.A. § 31-45-12 Inspection of unregulated pools
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Notwithstanding any provision of Code Section 31-45-13 regarding the applicability of this chapter to the contrary, a resident or owner of an apartment complex that is not subject to regulation under this chapter or local ordinance may request that the county board of health insp…
O.C.G.A. § 31-45-13 Applicability of chapter
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The provisions of this chapter shall apply only in those counties where local rules and regulations governing public swimming pools are not in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resol…
O.C.G.A. § 31-45-2 Purpose
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The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools. History. — Code 1981, § 31-45-2, enacted by Ga. L. 2000, p. 549, § 3.
O.C.G.A. § 31-45-3 Definitions
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As used in this chapter, the term ‘‘public swimming pool,’’ ‘‘swimming pool,’’ or ‘‘pool’’ means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances,…
O.C.G.A. § 31-45-4 Issuance of permits; terms of expiration
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(a) On or after December 31, 2000, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or i…
O.C.G.A. § 31-45-6 Construction of public swimming pools
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Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-45-4 and shall be in compliance with plans and data submitted in accordance with Code Section 31-45-5 and other data …
O.C.G.A. § 31-45-7 Notification for inspection
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A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation. History. — Code 1981, § 31-45-7, enacted by Ga. L. 2000, p. 549, § 3.
O.C.G.A. § 31-45-8 Inspections by the county board of health
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Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Public Health. Pools which open on or after April 1 and which close on or before October 31 shall b…
O.C.G.A. § 31-45-9 Suspension or revocation of permit
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A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Public Health. History. — Code 1981, § 31-45-9, enacted by Ga. L. 200…
O.C.G.A. § 31-46-1 Legislative findings
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The General Assembly finds and declares that it shall be the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for medical research and treatment; to promote…
O.C.G.A. § 31-46-2 Definitions
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As used in this chapter, the term: (1) ‘‘Amniotic fluid’’ means the fluid inside the amnion. (2) ‘‘Permitted stem cell research’’ means stem cell research permitted under federal law and Senate Resolution 30, the ‘‘Hope Offered through Principled and Ethical Stem Cell Research Ac…
O.C.G.A. § 31-46-3 Legislative findings
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Definitions. Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; creation; donations and information concerning donations. Editor’s notes. — Ga. L. 2007, p. 473, § 1/SB 148, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited a…
O.C.G.A. § 31-46-5 Funding; requirements of federal law
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Any public funds expended for stem cell research shall conform to the requirements set forth in federal law and Senate Resolution 30, the ‘‘Hope Offered through Principled and Ethical Stem Cell Research Act,’’ as approved by the United States Senate on April 11, 2007. 995 History…
O.C.G.A. § 31-47-2 Role and duties of commissioner
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The commissioner of public health shall: (1) Provide sufficient staff to implement the Arthritis Prevention and Control Program; (2) Provide appropriate training for staff of the Arthritis Prevention and Control Program; (3) Identify the appropriate organizations to carry out the…
O.C.G.A. § 31-47-3 Acceptance of grants; compliance with federal requirements
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‘‘(7) Currently, the challenge exists to ensure delivery of effective, but often underutilized, interventions that are necessary in the prevention or reduction of arthritis related pain and disability; ‘‘(8) Although there exists a large quantity of public information and program…
O.C.G.A. § 31-49-1 Legislative findings
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The General Assembly finds and declares that it is estimated that as many as 55,000 Georgia residents suffer from lupus, a life-long autoimmune disease in which the immune system becomes unbalanced, causing inflammation, tissue damage, seizures, strokes, heart attacks, miscarriag…
O.C.G.A. § 31-49-3 Duties and responsibilities of council
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(a) The council shall have the following duties and responsibilities: (1) To initially investigate the level of education concerning lupus in this state; and (2) Based on the results of its initial investigation pursuant to paragraph (1) of this Code section, to develop informati…
O.C.G.A. § 31-49-4 Distribution of information
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(a) The department shall post the information developed by the council pursuant to paragraph (2) of subsection (a) of Code Section 31-49-3 on its website. (b) Subject to appropriations or access to other private or public funds, the department may distribute such information to i…
O.C.G.A. § 31-49-5 Annual report
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The council shall prepare annually a complete and detailed report to be submitted no later than October 1 to the Office of Health Strategy and Coordination detailing the activities of the council and may include any recommendations for legislative action it deems appropriate. His…
O.C.G.A. § 31-49-6 Donations
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The council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use of the council in performing its functions under this chapter. History. — Code 1981, § 31-49-6, enacted by Ga. L. 2014, p. 397, § 2/SB 352. 1008 …
O.C.G.A. § 31-51-10 Sunset
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This chapter shall stand repealed on July 1, 2020. History. — Code 1981, § 31-51-10, enacted by Ga. L. 2015, p. 49, § 4-1/HB 1. 1013 T.31, C.52 HEALTH 31-52-2 CHAPTER 52 TERMINALLY ILL PATIENT’S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES Sec. 31-52-1. 31…
O.C.G.A. § 31-52-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Right to Try Act.’’ History. — Code 1981, § 31-52-1, enacted by Ga. L. 2016, p. 345, § 1/HB 34. 31-52-2. Legislative findings.
O.C.G.A. § 31-52-10 Statutory construction
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(a) This chapter shall not be construed to create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological…
O.C.G.A. § 31-52-2 Legislative findings
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(a) The General Assembly finds and declares that: (1) The process of approval for investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over the long run, but the pr…
O.C.G.A. § 31-52-3 Definitions
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As used in this chapter, the term: (1) ‘‘Eligible patient’’ means a person who meets the requirements of Code Section 31-52-4. (2) ‘‘Investigational drug, biological product, or device’’ means a drug, biological product, or device which has successfully completed Phase I of a fed…
O.C.G.A. § 31-52-4 Eligibility criteria
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In order for a person to be considered an eligible patient to access an investigational drug, biological product, or device pursuant to this chapter, a physician must document in writing that the person: (1) Has a terminal illness; 1015 31-52-5 (2) Has, in consultation with the p…
O.C.G.A. § 31-52-5 Written informed consent
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Written informed consent shall, at a minimum, include the following: (1) A description of the currently approved products and treatments for the terminal illness from which the patient suffers; (2) An attestation that the patient concurs with his or her physician in believing tha…
O.C.G.A. § 31-52-9 State prohibited from blocking eligible patient access
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No official, employee, or agent of the state shall block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation for treatment consistent with medical standards of care shall not be constr…
O.C.G.A. § 31-53-1 Legislative findings
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The General Assembly finds that Georgia faces population and community health challenges. The current health infrastructure must be adapted to adequately integrate state and private resources in a manner that will serve to maximize the state’s goals, including improved access to …
O.C.G.A. § 31-53-2 Definitions
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As used in this chapter, the term: (1) ‘‘Director’’ means the director of health strategy and coordination established pursuant to Code Section 31-53-4. (2) ‘‘Office’’ means the Office of Health Strategy and Coordination established pursuant to Code Section 31-53-3. History. — Co…
O.C.G.A. § 31-53-20 Legislative findings; public policy declaration
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(a) The General Assembly finds that: (1) Cost of care, diagnostic metrics, care gaps, and best practices are best analyzed with large-scale data; (2) The current data infrastructure must be adapted to adequately integrate state and private resources in a manner that will serve th…
O.C.G.A. § 31-53-21 Establishment of Georgia Data Access Forum; composition; membership
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(a) The office shall convene a Georgia Data Access Forum composed of health care stakeholders and experts, including representatives from: (1) The Georgia Health Information Network; (2) Hospital associations; (3) Physician associations; (4) Pharmacy associations; (5) Dental asso…
O.C.G.A. § 31-53-22 Purpose
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The purpose of the Georgia Data Access Forum shall be to make recommendations to the office on: (1) Conducting a baseline analysis of the current data base infrastructure; (2) Identifying common goals for the state and stakeholders; (3) Prioritizing desired data base functions; (…
O.C.G.A. § 31-53-23 Law reviews
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— For article, ‘‘The Aftermath of Baby Doe and the Evolution of Newborn Intensive Care,’’ see 25 Ga. St. U. L. Rev. 835 (2009). For article, ‘‘The Problem of Non-Identity in Valuing Newborn Human Life,’’ see 25 Ga. St. U. L. Rev. 865 (2009). For article, ‘‘Baby Doe: Does It Reall…
O.C.G.A. § 31-53-4 Appointment of director; qualifications; authority; additional personnel
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(a) There is created the position of director of health strategy and coordination who shall be the chief administrative officer of the office. The Governor shall appoint the director who shall serve at the pleasure of the Governor. 1022 31-53-5 (b) The director shall have such ed…
O.C.G.A. § 31-53-5 Advisory committees; membership; function
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(a) The director shall have the power to establish and abolish advisory committees as he or she deems necessary to inform effective strategy development and execution. (b) Membership on an advisory committee shall not constitute public office, and no member shall be disqualified …