---
title: O.C.G.A. § 31-52-3. Definitions.
collection: code
id: 31-52-3
cite_as: O.C.G.A. § 31-52-3 (2025)
canonical_url: https://georgiacommons.org/code/31-52-3
md_url: https://georgiacommons.org/code/31-52-3.md
text_url: https://georgiacommons.org/code/31-52-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=1087
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 Session of the General Assembly of Georgia
heading_path: HEALTH / TERMINALLY ILL PATIENT’S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES / RIGHT TO TRY
---

# O.C.G.A. § 31-52-3. Definitions.

As used in this article, the term:

(1) “Eligible patient” means a person who meets the requirements of Code Section 31-52-4.

(2) “Investigational drug, biological product, or device” means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial.

(3) “Physician” means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.

(4) “Terminal illness” means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments.

(5) “Written informed consent” means a written document that:

(A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or healthcare agent designated by the patient in an advance directive for healthcare executed pursuant to Chapter 32 of this title;

(B) Is attested to by the patient’s physician and a witness; and

(C) Meets the requirements of Code Section 31-52-5.

## History

Code 1981, § 31-52-3, enacted by Ga. L. 2016, p. 345, § 1/HB 34; Ga. L. 2025, p. 455, § 4/SB 72, effective July 1, 2025; Ga. L. 2025, p. 1029, § 31(70)/SB 153, effective July 1, 2025.

## Editor's Notes

Ga. L. 2025, p. 455, § 1/SB 72, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Hope for Georgia Patients Act.’”

## Amendments

The first 2025 amendment, effective July 1, 2025, substituted “article” for “chapter” at the beginning, and, in subparagraph (5)(A), substituted “healthcare” for “health care” in two places and substituted “this title” for “Title 31” at the end.

The second 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “this title” for “Title 31” in subparagraph (5)(A).