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2018 Georgia Code 31-11-2 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 11. Emergency Medical Services, 31-11-1 through 31-11-139.

ARTICLE 1 GENERAL PROVISIONS

31-11-2. Definitions.

As used in this chapter, the term:

  1. "Air ambulance" means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport.

    (1.1) "Air ambulance service" means the for-hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished.

    (1.2) "Ambulance" means a motor vehicle that is specially constructed and equipped or an air ambulance and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.

  2. "Ambulance attendant" means a person responsible for the care of patients being transported in an ambulance.
  3. "Ambulance provider" means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Department of Public Health.
  4. "Ambulance service" means:
    1. The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished;
    2. The provision of any air ambulance service; or
    3. The provision of services specified in subparagraphs (A) and (B) of this paragraph.
  5. "Cardiac technician" means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Public Health for these purposes) on and after January 1, 2002.
  6. "Composite board" means the Georgia Composite Medical Board.

    (6.1) "Department" means the Department of Public Health.

  7. "Emergency medical services system" means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.
  8. "Emergency Medical Systems Communications Program" (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:
    1. Utilizes emergency medical telephonic screening;
    2. Utilizes a publicized emergency telephone number; and
    3. Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system.
  9. "Emergency medical technician" means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department.
  10. "First responder" means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
  11. "Health districts" means the geographical districts designated by the department in accord with Code Section 31-3-15.
  12. "Invalid car" means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
  13. "License" when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.
  14. "License officer" means the commissioner of public health or his designee.
  15. "Local coordinating entity" means the public or nonprofit private entity designated by the Board of Public Health or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
  16. "Paramedic" means any person who has been certified by the composite board before January 1, 2002, or by the department on or after January 1, 2002, as having been trained in emergency care techniques in a paramedic training course approved by the department.

    (16.1) "Paramedic clinical preceptor" means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department.

  17. "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
  18. "Person" means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
  19. "Provisional license" when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter.

(Code 1933, § 88-3101, enacted by Ga. L. 1972, p. 625, § 1; Ga. L. 1977, p. 281, § 1; Ga. L. 1978, p. 1068, § 2; Ga. L. 1985, p. 149, § 31; Ga. L. 1988, p. 1923, § 1; Ga. L. 1989, p. 1782, § 1; Ga. L. 2001, p. 1145, § 1; Ga. L. 2003, p. 304, § 1; Ga. L. 2009, p. 453, §§ 1-5, 1-6, 1-35/HB 228; Ga. L. 2009, p. 859, § 10/HB 509; Ga. L. 2011, p. 705, §§ 5-15, 6-4, 6-5/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Division of Public Health of the Department of Community Health" in paragraph (3); substituted "Department of Public Health" for "Department of Community Health" in paragraphs (5) and (6.1); substituted "commissioner of public health" for "commissioner of community health" in paragraph (14); and substituted "Board of Public Health" for "Board of Community Health" in paragraph (15).

Editor's notes.

- The Emergency Medical Services Systems Act of 1973, P.L. 93-154, referred to in paragraph (8), was repealed by P.L. 99-117 and P.L. 99-129. The Georgia Emergency Medical Systems Communications Program, however, was established pursuant to that Act prior to its repeal. Therefore, the reference in this Code section to that Act is being retained for historical purposes.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Use of ambulance by Department of Veterans Service.

- So long as the Department of Veterans Service operates the Department's ambulance with the intention to transport persons who are convalescent, sick, or otherwise nonambulatory and not for emergency purposes, then provisions of this section would not be applicable; it would not be necessary for the Department to remove support equipment from the ambulance. 1973 Op. Att'y Gen. No. 73-143 (see O.C.G.A. § 31-11-2).

Cases Citing Georgia Code 31-11-2 From Courtlistener.com

Total Results: 1

Dekalb County v. Metro Ambulance Services., Inc.

Court: Supreme Court of Georgia | Date Filed: 1984-11-27

Citation: 322 S.E.2d 881, 253 Ga. 561, 1984 Ga. LEXIS 1043

Snippet: emergency medical services system...," OCGA § 31-11-2 (9). An "emergency medical services system" is