2022 Georgia Code
Title 31 - Health
Chapter 33 - Health Records
§ 31-33-2. Furnishing Copy of Records to Patient, Provider, or Other Authorized Person

1. 1. 1. A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient’s record shall retain such item for a period of not less than ten years from the date such item was created.
      2. The requirements of subparagraph (A) of this paragraph shall not apply to:
         1. An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient’s record or copies thereof to another provider of the patient’s choice and, if the patient so requests, to the patient; or
         2. A hospital which is an institution as defined in subparagraph (A) of paragraph (4) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued pursuant to Code Section 31-7-2.
   2. Upon written request from the patient or a person authorized to have access to the patient’s record under an advance directive for health care, a psychiatric advance directive, or a durable power of attorney for health care for such patient, the provider having custody and control of the patient’s record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by the following persons:
      1. The executor, administrator, or temporary administrator for the decedent’s estate if such person has been appointed;
      2. If an executor, administrator, or temporary administrator for the decedent’s estate has not been appointed, by the surviving spouse;
      3. If there is no surviving spouse, by any surviving child; and
      4. If there is no surviving child, by any parent.
2. Any record requested under subsection (a) of this Code section shall within 30 days of the receipt of a request for records be furnished to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patient’s or deceased patient’s medical records, or any other person designated by the patient. Such record request shall be accompanied by:
   1. An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations implementing such act; and
   2. A signed written authorization as specified in subsection (d) of this Code section.
3. If the provider reasonably determines that disclosure of the record to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patient’s record shall, upon written request by the patient, be furnished to any other provider designated by the patient.
4. A provider shall not be required to release records in accordance with this Code section unless and until the requesting person has furnished the provider with a signed written authorization indicating that he or she is authorized to have access to the patient’s records by paragraph (2) of subsection (a) of this Code section. Any provider shall be justified in relying upon such written authorization.
5. Any provider or person who in good faith releases copies of medical records in accordance with this Code section shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patient’s estate, or to any other person.

History. Code 1981, § 31-32-2 , enacted by Ga. L. 1984, p. 1680, § 1; Code 1981, § 31-33-2 , as redesignated by Ga. L. 1985, p. 149, § 31; Ga. L. 2001, p. 1157, § 1; Ga. L. 2002, p. 641, § 2; Ga. L. 2006, p. 494, § 3/HB 912; Ga. L. 2007, p. 133, § 13/HB 24; Ga. L. 2008, p. 12, § 2-32/SB 433; Ga. L. 2022, p. 611, § 2-17/HB 752.

The 2022 amendment, effective July 1, 2022, inserted “, a psychiatric advance directive,” in the first sentence of paragraph (a)(2).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2006, “and” was added at the end of subparagraph (a)(2)(C), in subsection (b), a comma was deleted following “Code section shall” in the introductory language, and “section” was substituted for “Section” in paragraph (b)(2).

Pursuant to Code Section 28-9-5, in 2008, “by the department” was deleted following “hospitals as issued” in division (a)(1)(B)(ii).

Editor’s notes.

Ga. L. 2007, p. 133, § 1/HB 24, not codified by the General Assembly, provides: “(a) The General Assembly has long recognized the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn. In order to secure these rights, the General Assembly has adopted and amended statutes recognizing the living will and health care agency and provided statutory forms for both documents.

“(b) The General Assembly has determined that the statutory forms for the living will and durable power of attorney for health care are confusing and inconsistent and that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution. In addition, there is a commendable trend among the states to combine the concepts of the living will and health care agency into a single legal document.

“(c) The General Assembly recognizes that a significant number of individuals representing the academic, medical, legislative, and legal communities, state officials, ethics scholars, and advocacy groups worked together to develop the advance directive for health care contained in this Act, and the collective intent was to create a form that uses understandable and everyday language in order to encourage more citizens of this state to execute advance directives for health care.

“(d) The General Assembly finds that the clear expression of an individual’s decisions regarding health care, whether made by the individual or an agent appointed by the individual, is of critical importance not only to citizens but also to the health care and legal communities, third parties, and families. In furtherance of these purposes, the General Assembly enacts a new Chapter 32 of Title 31, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care.”

Law reviews.

For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 200 (2002).

For article, “What Every Attorney Should Know About Health Care Law,” see 15 (No. 6) Ga. St. B. J. 17 (2010).