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2018 Georgia Code 31-10-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-10-16 Case Law from Google Scholar Amendments to OCGA 31-10-16

TITLE 31 HEALTH

Section 10. Vital Records, 31-10-1 through 31-10-33.

ARTICLE 10 DRUG REPOSITORY PROGRAM

31-10-16. Criteria for pronouncing death; immunity from liability.

  1. 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 of death under subsection (o) of Code Section 43-34-25, or by a physician assistant authorized to make a pronouncement of death under Code Section 31-7-16 or 31-7-176.1 or subsection (j) of Code Section 43-34-103, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function or (2) irreversible cessation of all functions of the entire brain, including the brain stem.
  2. A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.
  3. The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death.

(Code 1933, § 88-1715.1, enacted by Ga. L. 1975, p. 1629, § 1; Code 1933, § 88-1716, enacted by Ga. L. 1982, p. 723, § 1; Code 1981, §31-10-70; Code 1981, §31-10-16, enacted by Ga. L. 1982, p. 723, § 2; Ga. L. 1992, p. 1392, § 3; Ga. L. 2009, p. 859, § 9/HB 509; Ga. L. 2017, p. 625, § 3/SB 96.)

The 2017 amendment, effective July 1, 2017, in subsection (a), inserted "or nurse practitioner", inserted "31-7-16 or", inserted "by an advanced practice registered nurse authorized to make a pronouncement of death under subsection (o) of Code Section 43-34-25,", and inserted "Code Section 31-7-16 or 31-7-176.1 or".

Law reviews.

- For article, "Baby Doe Cases: Compromise and Moral Dilemma," see 34 Emory L.J. 545 (1986). For note, "Incubating for the State: The Precarious Autonomy of Persistently Vegetative and Brain-Dead Pregnant Women," 22 Ga. L. Rev. 1103 (1988).

JUDICIAL DECISIONS

Cited in State v. Williams, 247 Ga. 200, 275 S.E.2d 62 (1981); Clay v. State, 256 Ga. 797, 353 S.E.2d 517 (1987).

RESEARCH REFERENCES

ALR.

- Tests of death for organ transplant purposes, 76 A.L.R.3d 913.

Cases Citing O.C.G.A. § 31-10-16

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Browder v. State, 294 Ga. 188 (Ga. 2013).

Cited 28 times | Published | Supreme Court of Georgia | Nov 18, 2013 | 751 S.E.2d 354, 2013 Fulton County D. Rep. 3556

...n. He also testified that although the victim was never declared brain dead before life support systems were removed and that trace brain wave forms were present, the victim’s brain activity was incompatible with “meaningful life.” Citing OCGA § 31-10-16 (a) and Clay v....
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Clay v. State, 256 Ga. 797 (Ga. 1987).

Cited 2 times | Published | Supreme Court of Georgia | Mar 12, 1987 | 353 S.E.2d 517

...which resulted in such damage to the brain stem that Carroll continued to breathe and that his heart continued to beat only because of a life support system. The blow resulted in irreversible cessation of all *798functions of the entire brain. OCGA § 31-10-16 (a)....