2025 Code of Georgia
Title 31 - Health (Chs. 1 — 54)
Chapter 3 - County Boards of Health (§§ 31-3-1 — 31-3-16)

Annotations

JUDICIAL DECISIONS

Administrative Procedure Act does not apply to county boards of health. —

Administrative Procedure Act, O. C. G. A. § 50-13-1 et seq., does not apply to county boards of health as these boards are not included within the definition of “agency.” Aldridge v. Georgia Hospitality & Travel Ass'n, 251 Ga. 234, 304 S. E.2d 708, 1983 Ga. LEXIS 772 (1983), overruled in part, Rep. Nat'l Comm. v. Eternal Vigilance Action, Inc., 321 Ga. 771, 917 S. E.2d 125, 2025 Ga. LEXIS 131 (2025).

Choice of site for public health clinic subject to private rights. —

General power to establish and operate public health clinic does not include authority to ignore private rights in selecting location. Benton v. Pittard, 197 Ga. 843, 31 S. E.2d 6, 1944 Ga. LEXIS 358 (1944).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Power to implement and enforce state health laws and regulations vested in county boards. —

While county and district health agencies have enforcement responsibilities for state health laws and implementing regulations of Department of Human Resources (now the Department of Community Health for these purposes) the department itself has no direct statutory power over manner in which enforcement responsibility is met; instead that power is vested in county board of health. 1974 Op. Att'y Gen. No. 74-19.

Employees of county boards of health are county employees unless otherwise provided;

therefore, for purposes of unemployment compensation, employees of various county boards of health are county employees, and county boards are accordingly responsible for all required reports and contributions for these employees. 1978 Op. Att'y Gen. No. 78-22.

County board of health employees are employees of county for workers’ compensation purposes. —

County board of health exists as operating arm of county and the board’s employees are for purposes of workmen’s (now workers’) compensation classified as county employees. 1960-61 Ga. Op. Att'y Gen. 590.

Research References & Practice Aids

RESEARCH REFERENCES ALR.

Liability of governmental agency for emergency medical or surgical services rendered to poor person without its express authority, 93 A. L. R. 900.

Propriety of state or local government health officer’s warrantless search — post-Camara cases, 53 A. L. R.4th 1168.

Hierarchy Notes:

O. C. G. A. Title 31