Georgia Code
Chapter 22 - Clinical Laboratories
§ 31-22-9.2. Hiv Tests — Report of Positive Results; Notification; Counseling; Violations; Exception for Insurance Coverage; Exposure of Health Care Provider

History. Code 1981, § 31-22-9.2 , enacted by Ga. L. 1988, p. 1799, § 8; Ga. L. 1990, p. 705, §§ 2, 3; Ga. L. 2000, p. 20, § 20; Ga. L. 2006, p. 72, § 31/SB 465; Ga. L. 2007, p. 173, § 2/HB 429; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2013, p. 294, § 4-43/HB 242; Ga. L. 2015, p. 1346, § 2/HB 436; Ga. L. 2016, p. 752, § 4/HB 1058; Ga. L. 2018, p. 1112, § 31/SB 365; Ga. L. 2021, p. 472, § 1/HB 93.
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, deleted “31-17-4.2,” following “17-10-15,” in the third sentence of subsection (c).
Cross references.
HIV pregnancy screening, § 31-17-4.2 .
Control of HIV, T. 31, C. 17A.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, subsection (b) was reserved.
Editor’s notes.
Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: “The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.”
Former subsection (b) was repealed by its own terms effective December 31, 2003.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2021, p. 472, § 1/HB 93, reenacted this Code section without change, effective July 1, 2021.
Administrative rules and regulations.
Medical or life-style questions on applications and underwriting guidelines affecting AIDS and ARC, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Commissioner of Insurance, Subject 120-2-43.
Law reviews.
For note on 1990 amendment of this Code section, see 7 Ga. St. U. L. Rev. 312 (1990).
For comment, “AIDS: Balancing the Physician’s Duty to Warn and Confidentiality Concerns,” see 38 Emory L.J. 280 (1989).