Official Code of Georgia Annotated
Title 31. HEALTH · Chapter 21. DEAD BODIES · Article 1. GENERAL PROVISIONS
31-21-3. Death of person with infectious or communicable disease; reporting requirements; confidentiality; penalty.
Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.
- (b)
- (1)
When a person who has been diagnosed as having an infectious or communicable disease dies in a hospital or other health care facility, the attending physician shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.#
- (2)
When a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that such dead person had been diagnosed as having an infectious or communicable disease at the time of death shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.#
- (3)
Any person who picks up a dead body for disposition and who has been notified that the person had been diagnosed as having an infectious or communicable disease at the time of death pursuant to the provisions of paragraph (1) or (2) of this subsection shall present such notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body.#
- (c)
Information regarding a deceased’s infectious or communicable disease and contained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if:#
- (1)
That disclosure is required pursuant to Chapter 17 of this title;#
- (2)
That disclosure is required by federal law, but only to the extent so required;#
- (3)
That disclosure is made by a physician pursuant to Code Section 24-12-1 or any other law authorizing a physician to disclose otherwise privileged information;#
- (5)
That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;#
- (6)
That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or#
- (7)
That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information.#
- (d)
Information privileged and confidential under this Code section may not be disclosed pursuant to discovery proceedings, subpoena, or court order.#
- (e)
Any disclosure authorized by this Code section or any unauthorized disclosure of information or communications made privileged and confidential by this Code section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law.#
- (f)
Any person having duties imposed upon that person pursuant to subsection (b) of this Code section who knowingly refuses or omits to perform such duties shall be guilty of a misdemeanor.#
History
Code 1981, § 31-21-3, enacted by Ga. L. 1986, p. 1513, § 1; Ga. L. 2011, p. 99, § 44/HB 24; Ga. L. 2020, p. 55, § 8/SB 372; Ga. L. 2024, p. 143, § 5/HB 1028, effective July 1, 2024; Ga. L. 2025, p. 1029, § 31(53)/SB 153, effective July 1, 2025.
Amendments
The 2024 amendment, effective July 1, 2024, substituted “as defined” for “enumerated” in the middle of paragraph (a)(3). The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “As used in” for “For the purposes of” in subsection (a) and substituted “and” for “or” at the end of paragraph (a)(3).
Editor's notes
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Code Commission notes
Pursuant to Code Section 28-9-5, in 1991, a semicolon was substituted for the period at the end of paragraph (c)(5).
Law reviews
For article, “Evidence,” see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.
Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 864 to 866; merge action: bound only; file SHA-256 ba5a57f85d04.