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2018 Georgia Code 31-39-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-39-2 Case Law from Google Scholar Amendments to OCGA 31-39-2

TITLE 31 HEALTH

Section 39. Cardiopulmonary Resuscitation, 31-39-1 through 31-39-9.

ARTICLE 2 BIOTERRORISM PROTECTION FOR EMERGENCY RESPONDERS

31-39-2. Definitions.

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 care of the patient.Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter.
  3. "Authorized person" means any one person from the following list in the order of priority as listed below:
    1. Any agent under a durable power of attorney for health care or health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title;
    2. A spouse;
    3. A guardian over the person appointed pursuant to the provisions of Code Section 29-4-1;
    4. A son or daughter 18 years of age or older;
    5. A parent; or
    6. A brother or sister 18 years of age or older.
  4. "Candidate for nonresuscitation" means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician:
    1. Has a medical condition which can reasonably be expected to result in the imminent death of the patient;
    2. Is in a noncognitive state with no reasonable possibility of regaining cognitive functions; or
    3. Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time or that such resuscitation would be otherwise medically futile.
  5. "Cardiopulmonary resuscitation" means only those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest.

    (5.1) "Caregiver" means an unlicensed assistant who provides direct health related care to patients or residents, a proxy caregiver performing health maintenance activities as provided in Code Section 43-26-12, or a person performing auxiliary services in the care of patients as provided in Code Section 43-26-12.

  6. "Decision-making capacity" means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order.

    (6.1) "Emergency medical technician" means a person certified as an emergency medical technician, paramedic, or cardiac technician under Chapter 11 of this title.

  7. "Health care facility" means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title, or a home health agency licensed pursuant to Article 7 of Chapter 7 of this title.
  8. "Minor" means any person who is not an adult.

    (8.1) "Nurse" means a person who is a licensed practical nurse as provided in Code Section 43-26-32 or a registered professional nurse as provided in Code Section 43-26-3.

  9. "Order not to resuscitate" means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both.
  10. "Parent" means a parent who has custody of a minor or is the parent of an adult without decision-making capacity.
  11. "Patient" means a person who is receiving care and treatment from an attending physician.

    (11.1) "Physician assistant" means a person licensed as a physician assistant pursuant to Article 4 of Chapter 34 of Title 43.

  12. "Reasonably available" means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.

(Code 1981, §31-39-2, enacted by Ga. L. 1991, p. 1853, § 1; Ga. L. 1994, p. 672, § 1; Ga. L. 1995, p. 722, §§ 1, 1.1; Ga. L. 2004, p. 161, § 7; Ga. L. 2007, p. 133, § 15/HB 24; Ga. L. 2011, p. 379, § 1/HB 275.)

The 2011 amendment, effective July 1, 2011, added paragraphs (5.1), (8.1), and (11.1).

Editor's notes.

- Ga. L. 2007, p. 133, § 1/HB 24, not codified by the General Assembly, provides: "(a) The General Assembly has long recognized the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn. In order to secure these rights, the General Assembly has adopted and amended statutes recognizing the living will and health care agency and provided statutory forms for both documents.

"(b) The General Assembly has determined that the statutory forms for the living will and durable power of attorney for health care are confusing and inconsistent and that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution. In addition, there is a commendable trend among the states to combine the concepts of the living will and health care agency into a single legal document.

"(c) The General Assembly recognizes that a significant number of individuals representing the academic, medical, legislative, and legal communities, state officials, ethics scholars, and advocacy groups worked together to develop the advance directive for health care contained in this Act, and the collective intent was to create a form that uses understandable and everyday language in order to encourage more citizens of this state to execute advance directives for health care.

"(d) The General Assembly finds that the clear expression of an individual's decisions regarding health care, whether made by the individual or an agent appointed by the individual, is of critical importance not only to citizens but also to the health care and legal communities, third parties, and families. In furtherance of these purposes, the General Assembly enacts a new Chapter 32 of Title 31, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care."

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).

JUDICIAL DECISIONS

Cited in Edwards v. Shumate, 266 Ga. 374, 468 S.E.2d 23 (1996).

Cases Citing Georgia Code 31-39-2 From Courtlistener.com

Total Results: 2

Edwards v. Shumate

Court: Supreme Court of Georgia | Date Filed: 1996-03-11

Citation: 468 S.E.2d 23, 266 Ga. 374, 96 Fulton County D. Rep. 966, 1996 Ga. LEXIS 102

Snippet: were authorized persons within the meaning of § 31-39-2(3), and because § 31-39-4(a) *28 squarely places

In Re Jane Doe

Court: Supreme Court of Georgia | Date Filed: 1992-07-06

Citation: 418 S.E.2d 3, 262 Ga. 389, 46 A.L.R. 5th 929, 92 Fulton County D. Rep. 1243, 1992 Ga. LEXIS 616

Snippet: as a parent who has custody of a minor. OCGA § 31-39-2 (10). The statutory presumption governs only