2021 Georgia Code
Title 31 - Health
Chapter 12 - Control of Hazardous Conditions, Preventable Diseases, and Metabolic Disorders
§ 31-12-3. (See Editor's notes.) Power to Require Immunization and Other Preventive Measures

1. The department and all county boards of health are empowered to require, by appropriate rules and regulations, persons located within their respective jurisdictions to submit to vaccination against contagious or infectious disease where the particular disease may occur, whether or not the disease may be an active threat. The department may, in addition, require such other measures to prevent the conveyance of infectious matter from infected persons to other persons as may be necessary and appropriate. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency and shall include provisions permitting consideration of the opinion of a person's personal physician as to whether the vaccination is medically appropriate or advisable for such person. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary.
2. In the absence of an epidemic or immediate threat thereof, this Code section shall not apply to any person who objects in writing thereto on grounds that such immunization conflicts with his religious beliefs.

(Code 1933, § 88-1203, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2002, p. 1386, § 8.)

For application of this statute in 2020 and 2021, see Executive Orders 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.20.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.07.21.02, 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.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U. L. Rev. 1 (2002).

JUDICIAL DECISIONS

Right to object to immunization on religious grounds not found.

- Right to lodge religious objection to a child's immunization pursuant to O.C.G.A. § 20-2-771(e), O.C.G.A. § 31-12-3(b), or O.C.G.A. § 49-4-183(b)(10)(C) was not a residual right of the child's parents under O.C.G.A. § 15-11-13; thus, the mother of a child found to be deprived could not object to the immunization of the child on religious grounds. In the Interest of C.R., 257 Ga. App. 159, 570 S.E.2d 609 (2002).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Health, §§ 41 et seq., 53, 66 et seq., 76 et seq.

- 16 C.J.S., Constitutional Law, §§ 357, 380 et seq., 436 et seq. 16A C.J.S., Constitutional Law, §§ 555, 581, 654, 656, 685, 836. 16B C.J.S., Constitutional Law, § 1019. 39A C.J.S., Health and Environment, §§ 20 et seq., 32 et seq. 79 C.J.S., Schools and School Districts, §§ 453, 454, 469.

- Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 A.L.R.5th 248.

Power of court or other public agency to order vaccination over parental religious objection, 94 A.L.R.5th 613.