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Official Code of Georgia Annotated

Title 31. HEALTH · Chapter 33. HEALTH RECORDS

31-33-8. Electronic records; application to psychiatric, psychological, or other mental health records.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format.#

  2. (b)

    A provider shall not be required to maintain separate tangible copies of electronically stored records.#

  3. (c)

    The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records.#

  4. (d)

    This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient’s personal health information.#

  5. (e)

    A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings.#

  6. (f)

    Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form.#

  7. (g)

    Subsections (a), (b), (d), and (e) of this Code section shall apply to psychiatric, psychological, or other mental health records of a patient.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-33-8, enacted by Ga. L. 2005, p. 618, § 1/SB 204; Ga. L. 2009, p. 698, § 4/HB 126; Ga. L. 2010, p. 286, § 19/SB 244; Ga. L. 2025, p. 1029, § 31(63)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, inserted a comma following “(d)” in subsection (g).

Cross references

Georgia Uniform Electronic Transactions Act, § 10-12-1 et seq.

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, page 967; merge action: bound only; file SHA-256 ba5a57f85d04.