Section 12. Control of Hazardous Conditions, Preventable Diseases, and Metabolic Disorders, 31-12-1 through 31-12-14.
ARTICLE 7
EMERGENCY CARDIAC CARE CENTERS
31-12-7. Rules and regulations regarding tests for sickle cell anemia, sickle cell trait, and other metabolic and genetic disorders; counseling; fees.
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In coordination and association with the system established by the department for the screening, retrieval, and diagnosis of certain metabolic and genetic disorders pursuant to Code Section 31-12-6, the department, or its successor agency or department, shall adopt and promulgate appropriate rules and regulations governing tests for sickle cell anemia, sickle cell trait, and other metabolic and genetic disorders as enumerated by the department pursuant to rules and regulations so that as nearly as possible all newborn infants who are susceptible or likely to have sickle cell anemia, sickle cell trait, or other metabolic and genetic disorders shall receive a test for sickle cell anemia, sickle cell trait, or other metabolic and genetic disorders or all of such conditions as soon after birth as successful testing and treatment therefor may be initiated; provided, however, that this Code section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices.
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If any such child is found to have sickle cell anemia or sickle cell trait, it shall be the duty of the examining physician or the department to inform the parents of such child that the child is so afflicted and, if such child has sickle cell anemia or sickle cell trait, that counseling regarding the nature of the disease, its effects, and its treatment is available without cost from the department and the county board of health or county department of health.
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It shall be the duty of the department and each county board of health and county department of health, or their successor agencies or departments, to furnish counseling and advice to any persons requesting such counseling regarding sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects, and treatment. Such counseling shall be furnished without cost to the person requesting it.
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The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department; provided, however, that in no event shall the total fees associated with such screening, retrieval, and diagnosis exceed $40.00 for the calendar year beginning January 1, 2007. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia.
(Code 1933, § 88-1201.1, enacted by Ga. L. 1966, p. 140, § 1; Ga. L. 1972, p. 962, § 1; Ga. L. 2006, p. 416, § 2/HB 1066.)
Law reviews.
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For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
JUDICIAL DECISIONS
No private right of action for violation of notice requirement.
- Trial court properly granted the motion to dismiss or the motion for summary judgment filed by various defendants in a suit brought by plaintiff child, by and through the child's parent, which asserted negligence and negligence per se for failing to inform the plaintiff and the parent, at the time of the plaintiff's birth, that the plaintiff had sickle cell disease. The trial court properly ruled that no private right of action exists for violation of O.C.G.A.
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31-12-7, and the appellate court clarified that there existed no statutory intent to impose strict liability for violating the notice requirement of
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31-12-7 and substantial compliance with the statute was all that was required, which was shown in that the defendants attempted to contact the plaintiff and the parent but were unable to locate them due to incorrect contact information. In re Carter, 288 Ga. App. 276, 653 S.E.2d 860 (2007).
OPINIONS OF THE ATTORNEY GENERAL
Department of Human Resources may require examination of all newborn infants
for sickle cell anemia and the sickle cell trait under O.C.G.A.
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31-2-7. However, if clearly defined and articulable guidelines are provided, the department may restrict such testing under that statute to "susceptible" persons. 1981 Op. Att'y Gen. No. 81-40.
