Georgia Code
Part 1 - Governor
§ 38-3-51. Emergency Powers of Governor; Termination of Emergency; Limitations in Energy Emergency; Immunity

(4.1) Compel a health care facility to provide services or the use of its facility if such services or use are reasonable and necessary for emergency response. The use of such health care facility may include transferring the management and supervision of the health care facility to the Department of Public Health for a limited or unlimited period of time not extending beyond the termination of the public health emergency;
A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders.
History. Ga. L. 1951, p. 224, § 7; Ga. L. 1973, p. 74, § 4; Ga. L. 1974, p. 558, § 1; Ga. L. 1975, p. 1551, § 1; Ga. L. 1977, p. 192, §§ 2, 3; Ga. L. 1981, p. 389, § 2; Ga. L. 1983, p. 3, § 59; Ga. L. 2002, p. 1386, §§ 12-15; Ga. L. 2009, p. 184, § 4/HB 217; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 701, § 1/HB 339; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2014, p. 599, § 2-3/HB 60.
Cross references.
Governor’s power to postpone or extend qualifying periods for election during state of emergency, § 21-2-50.1 .
For further provisions regarding emergency powers of Governor, §§ 38-2-6 , 38-3-22 , 45-12-29 et seq.
Power of Public Service Commission to allocate utility service so as to protect public health, safety, and welfare, § 46-2-71 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “Article V, Section II” was substituted for “Article II, Section V” in subsection (a).
Editor’s notes.
Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”
Ga. L. 2014, p. 599, § 2-1/HB 60, not codified by the General Assembly, provides: “This part shall be known to be in honor of Representative Bobby Franklin.”
For application of this statute in 2020, see Executive Orders 03.23.20.01 and 04.20.20.01. For application of this statute in 2022, see Executive Orders 3.31.21.02 and 04.23.21.01.
A listing of Executive Orders issued in 2020 and 2022 can be found at https://gov.georgia.gov/executive-action/executive-orders.
U.S. Code.
The federal Disaster Relief Act of 1974, referred to in subsection (g) of this Code section, is codified at 42 U.S.C. § 3231 et seq., and 42 U.S.C. § 5121 et seq.
Law reviews.
For note on the 2002 amendment of this Code section, see 19 Georgia. St. U.L. Rev. 1 (2002).
For article, “Is Georgia Prepared for a Health Pandemic? Legal Issues Regarding Emergency Preparedness and Declaration of Emergency Health Pandemic in Georgia,” see 15 (No. 6) Ga. St. B.J. 30 (2010).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For article, “Lurching from Complacency to Panic in the Fight Against Dangerous Microbes: A Blueprint for a Common Secure Future,” see 67 Emory L.J. 337 (2018).
For article, “The Case for Streamlining Emergency Declaration Authorities and Adapting Legal Requirements to Ever-Changing Public Health Threats,” see 67 Emory L.J. 397 (2018).
For article, “Do State Lines Make Public Health Emergencies Worse? Federal Versus State Control of Quarantine,” see 67 Emory L.J. 491 (2018).
For article, “Proposed Constitutional Carry Act of 2019: To Amend Title 12 of the Official Code of Georgia Annotated, Relating to the Use or Possession of Any Handgun in Parks, Historic Sites, or Recreational Areas; and to Amend Title 16 of the Official Code of Georgia Annotated, Relating to the Definition of Carrying and Possession of Firearms & Executive Order by the Governor Temporarily Extending Renewal Requirements for Weapons Carry Licenses,” see 37 Ga. St. U.L. Rev. 219 (2020).
For article, “Preemption: Executive Order by the Governor to Ensure a Safe & Healthy Georgia: Preemption,” see 37 Ga. St. U.L. Rev. 95 (2020).
For article, “Mandatory Quarantine: Administrative order by the Georgia Department of Public Health for Public Health Control Measures: Isolation Protocol,” see 37 Ga. St. U.L. Rev. 81 (2020).
For article on the 2020 amendment of this Code section, see 37 Ga. St. U.L. Rev. 135 (2020).
For article, “Forced Business Closures: Executive Orders by the Governor Closing Private Businesses,” see 37 Ga. St. U.L. Rev. 111 (2020).
For article, “Public Health State of Emergency: Executive Order by the Governor Declaring a Public Health State of Emergency,” see 37 Ga. St. U.L. Rev. 17 (2020).