Georgia Code
Chapter 39 - Cardiopulmonary Resuscitation
§ 31-39-2. Definitions

As used in this chapter, the term:
(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.
(6.1) “Emergency medical technician” means a person certified as an emergency medical technician, paramedic, or cardiac technician under Chapter 11 of this title.
(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.
(11.1) “Physician assistant” means a person licensed as a physician assistant pursuant to Article 4 of Chapter 34 of Title 43.
History. 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; Ga. L. 2021, p. 546, § 2-1/HB 128.
The 2021 amendment, effective July 1, 2021, substituted “minor, or person with legal authority to act on behalf of a minor, or is the parent of an adult” for “minor or is the parent of an adult” in paragraph (10).
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including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn.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that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution.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.”
Ga. L. 2021, p. 546, § 1-1/HB 128, not codified by the General Assembly, provides: “This part shall be known and may be cited as ‘Gracie’s Law.”’
Ga. L. 2021, p. 546, § 1-2/HB 128, not codified by the General Assembly, provides: “The General Assembly finds that:
“(1) A mental or physical disability does not diminish a person’s right to health care;
“(2) The Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;
“(3) In other states, individuals with physical or mental disabilities have been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplant medical requirements, or that they lack adequate support systems to ensure compliance with posttransplant medical requirements;
“(4) Although organ transplant centers shall consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, or other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
“(5) Georgia residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.”
Law reviews.
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).