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2018 Georgia Code 31-8-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-8-42 Case Law from Google Scholar Amendments to OCGA 31-8-42

TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 2A HOSPITAL CARE FOR PREGNANT WOMEN

31-8-42. Requirement of hospitals with emergency services to provide care to pregnant women in labor.

Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall:

  1. Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital;
  2. Contact an appropriate receiving hospital and notify such hospital that the patient is in transit;
  3. Arrange suitable transportation for the patient if necessary; and
  4. Send to the receiving hospital any available information on the patient's history and condition.

    The transfer shall not be authorized until the physician considers the patient sufficiently stabilized for transport.

(Code 1981, §31-8-42, enacted by Ga. L. 1984, p. 1389, § 1; Ga. L. 1985, p. 829, § 3.)

JUDICIAL DECISIONS

Cited in Terrell County v. Albany/Dougherty Hosp. Auth., 256 Ga. 627, 352 S.E.2d 378 (1987).

Cases Citing O.C.G.A. § 31-8-42

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Gliemmo v. Cousineau, 694 S.E.2d 75 (Ga. 2010).

Cited 26 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 287 Ga. 7, 2010 Fulton County D. Rep. 706

...In that case, in which the Albany/Dougherty County Hospital Authority sought payment from Terrell County for services rendered to indigent pregnant residents of Terrell County, Terrell County challenged the constitutionality of certain statutory provisions, OCGA §§ 31-8-42 and 31-8-43(c), which "involve[] the county's obligation to pay for services extended to its indigent pregnant residents by a hospital in another county." Id....
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Terrell Cnty. v. Albany/Dougherty Hosp. Auth., 352 S.E.2d 378 (Ga. 1987).

Cited 6 times | Published | Supreme Court of Georgia | Jan 28, 1987 | 256 Ga. 627

...Terrell County contests the constitutionality of the statute which requires such payment. The trial court found for the Albany/Dougherty Hospital Authority and we affirm. The Hospital Care for Pregnant Women Act (OCGA § 31-8-40 et seq.) is the target of the constitutional attack. OCGA § 31-8-42 requires certain hospitals to provide emergency care to pregnant women in labor and the Albany/Dougherty Hospital falls in that group....
...Similarly, this court will not decide the constitutionality of an act of the legislature where the attack is made by a party whose rights have not been affected. Northeast Factor &c. Co. v. Jackson, 223 Ga. 709 (157 SE2d 731) (1967). 2. Another constitutional attack made by the county is that OCGA § 31-8-42 is violative of Art....