Georgia Code
Article 2 - Medical Practice
§ 43-34-26.1. Vaccine Protocol Agreements

The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph;
The pharmacist or nurse shall keep a copy of the affidavit on site at his or her primary location for inspection by the Georgia Drugs and Narcotics Agency, upon request. The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; and
Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees.
The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; and
As used in this paragraph, the term “health system” means (i) a parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance, membership, or other means; or (ii) a hospital and any entity affiliated with such hospital through ownership, governance, membership, or other means.
History. Code 1981, § 43-34-26.1 , enacted by Ga. L. 2009, p. 184, § 1/HB 217; Ga. L. 2010, p. 530, § 1/HB 1154; Ga. L. 2010, p. 878, § 43/HB 1387; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2015, p. 297, § 2/HB 504; Ga. L. 2016, p. 84, § 1/HB 1043; Ga. L. 2019, p. 515, § 3/SB 115; Ga. L. 2021, p. 782, § 10/SB 46; Ga. L. 2021, p. 922, § 43/HB 497.
The 2019 amendment, effective July 1, 2019, in subsection (b), in the first sentence, inserted “resides in Georgia and” preceding “is registered” and deleted “the pharmacist is located within the county of the physician’s place of registration with the vaccination registry or a county contiguous thereto;” preceding “the pharmacist holds current”; and, in subsection (j), substituted “limitation provided in subsection (c)” for “limitations provided in subsections (b) and”, deleted “pharmacists or” following “so long as the”, and inserted “the pharmacists and nurses” near the end.
The 2021 amendments. —
The first 2021 amendment, effective May 10, 2021, rewrote this Code section. The second 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “on site” for “onsite” in the middle of the second sentence of paragraph (d)(14) (now paragraph (d)(13)), and in the first sentence of the undesignated language following paragraph (d)(16) (now paragraph (d)(15)).
Cross references.
Influenza vaccinations for discharged patients aged 65 and older, § 31-7-18.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2021, a comma was inserted following “administered vaccine” near the end of subsection (c) and “to” was inserted following “fine of up” in subparagraph (r)(3)(B).
Editor’s notes.
For application of this statute in 2020 and 2021, see Executive Orders 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.22.21.07, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-26.1 as present Code Section 43-34-23.
Law reviews.
For article on the 2011 amendment of this Code section, see 28 Georgia St. U.L. Rev. 147 (2011).
For article, “Liability for Vaccine Injury: The United States, the European Union, and the Developing World,” see 67 Emory L.J. 415 (2018).
For note, “Who Calls the Shots?: Parents Versus the Parens Patriae Power of the States to Mandate Vaccines for Children in New York,” see 37 Ga. St. U.L. Rev. 637 (2021).