Georgia Code
Part 2 - Prescription Drug Monitoring Program Data Base
§ 16-13-63. Liability; Review of Pdmp Data When Filling Certain Prescriptions; Cause of Action for Civil Damages

History. Code 1981, § 16-13-63 , enacted by Ga. L. 2011, p. 659, § 2/SB 36; Ga. L. 2016, p. 202, § 3/HB 900; Ga. L. 2017, p. 319, § 1-2/HB 249.
The 2016 amendment, effective July 1, 2016, designated the existing provisions of this Code section as subsection (a), added the last sentence in subsection (a), and added subsection (b).
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: “Nothing in this part shall require a dispenser or prescriber to obtain information about a patient from the program established pursuant to this part. A dispenser or prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic data base established pursuant to Code Section 16-13-57. Nothing in this part shall create a private cause of action against a prescriber or dispenser.”; and, in subsection (b), substituted “Except as provided in paragraphs (2) and (4) of subsection (a) of this Code section, a person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, when appropriate, punitive damages; provided, however, that a dispenser” for “A dispenser” at the beginning, substituted “from the PDMP” for “from the electronic data base established pursuant to Code Section 16-13-57” at the end of the first sentence, and added the second sentence.
Editor’s notes.
Ga. L. 2017, p. 319, § 1-1/HB 249, not codified by the General Assembly, provides: “This part shall be known and may be cited as the ‘Jeffrey Dallas Gay, Jr., Act.’ ”
Paragraph (a)(2), as set out above, became effective upon certification according to the terms of Code Section 16-13-57. On June 12, 2018, this certification contingency was met.
Law reviews.
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017).

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