History. Code 1981, § 31-39-4 , enacted by Ga. L. 1991, p. 1853, § 1; Ga. L. 1994, p. 672, § 1; Ga. L. 1995, p. 10, § 31; Ga. L. 1995, p. 722, §§ 2, 2.1; Ga. L. 2009, p. 298, § 1/HB 69; Ga. L. 2011, p. 379, § 2/HB 275; Ga. L. 2015, p. 305, § 2/SB 109; Ga. L. 2021, p. 546, § 2-2/HB 128.
The 2021 amendment, effective July 1, 2021, rewrote the first sentence of subsection (d), which read: “Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation.”
Editor’s notes.
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 article, “Are There Checks and Balances on Terminating the Lives of Children with Disabilities? Should There Be?,” see 25 Ga. St. U. L. Rev. 959 (2009).
Structure Georgia Code
Chapter 39 - Cardiopulmonary Resuscitation
§ 31-39-1. Legislative Findings and Intent
§ 31-39-4. Persons Authorized to Issue Order Not to Resuscitate
§ 31-39-5. Cancellation of Order Not to Resuscitate
§ 31-39-6. Revocation of Consent to Order Not to Resuscitate
§ 31-39-8. Effect of Order Not to Resuscitate on Life Insurance Policies