---
title: O.C.G.A. § 24-12-1. Release of medical information by physician, hospital, health care facility, or pharmacist; immunity from liability; waiver of privilege; exceptions.
collection: code
id: 24-12-1
cite_as: O.C.G.A. § 24-12-1 (2025)
canonical_url: https://georgiacommons.org/code/24-12-1
md_url: https://georgiacommons.org/code/24-12-1.md
text_url: https://georgiacommons.org/code/24-12-1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch8-14-(v20a)-2023-pdf.pdf?sfvrsn=560fbfc0_0#page=460
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / MEDICAL AND OTHER CONFIDENTIAL INFORMATION / RELEASE OF MEDICAL INFORMATION AND CONFIDENTIALITY OF RAW RESEARCH DATA
---

# O.C.G.A. § 24-12-1. Release of medical information by physician, hospital, health care facility, or pharmacist; immunity from liability; waiver of privilege; exceptions.

(a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of this state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Public Health, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness.

(b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding.

## History

Code 1981, § 24-12-1, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 141, § 24/HB 79.

## Cross References

Physical examination of state employees, § 45-2-40 et seq.

## Law Reviews

For comment, “The Psychotherapist-Client Testimonial Privilege: Defining the Professional Involved,” see 34 Emory L.J. 777 (1985).

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).

For article, “Controlling Conflicts of Interest in the Doctor-Patient Relationship: Lessons from Moore v. Regents of the University of California,” see 42 Mercer L. Rev. 989 (1991).

For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).

For article, “Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence,” see 63 Mercer L. Rev. 1 (2011).

For note, “The Final Patient Privacy Regulations Under the Health Insurance Portability and Accountability Act — Pro-moting Patient Privacy or Public Confusion?,” see 37 Ga. L. Rev. 723 (2003).

## Administrative Rules and Regulations

Release of Confidential Prescription Drug Order Information, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Pharmacy, Miscellaneous Guidelines for Pharmacists, Rule 480-16-.07.