06 LC
19 6508
Senate
Bill 208
By:
Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th,
Hooks of the 14th and Carter of the 13th
AS
PASSED
AN
ACT
To
amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating
to treatment and rehabilitation of spinal cord disabled and head-injured
persons, so as to create a state-wide central registry for traumatic brain and
spinal cord injuries; to change certain definitions; to require that certain
information relating to brain or spinal cord injured persons be reported to the
Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of
the commission; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment
and rehabilitation of spinal cord disabled and head-injured persons, is amended
by striking said chapter in its entirety and inserting in lieu thereof the
following:
"CHAPTER
18
31-18-1.
It
is the intent of the General Assembly to create a state-wide Central Registry
for Traumatic Brain and Spinal Injuries to ensure the registration of all
persons with traumatic brain or spinal cord injuries in order that all such
persons might obtain information about rehabilitative, independent living, and
other services or goods provided by existing state agencies, departments, other
organizations, and individuals.
31-18-2.
As
used in this chapter, the term:
(1)
'Brain injury' means a traumatic injury to the brain (cranio-cerebral head
trauma), not of a degenerative or congenital nature, but arising from blunt or
penetrating trauma or from acceleration-deceleration forces, that is associated
with any of these symptoms or signs attributed to the injury: decreased level of
consciousness, amnesia, other neurologic or neuropsychologic abnormalities,
skull fracture, or diagnosed intracranial lesions. These impairments may be
either temporary or permanent and can result in a partial or total functional
disability.
(2)
'Spinal cord injury' means a traumatic injury to the spinal cord, not of a
degenerative or congenital nature, but arising from blunt or penetrating trauma
or from acceleration-deceleration forces, resulting in paraplegia or
quadriplegia, which can be a partial or total loss of physical
function.
31-18-3.
Every
public and private health and social agency, every hospital or facility that has
a valid permit or provisional permit issued by the Department of Human Resources
under Chapter 7 of this title, and every physician licensed to practice medicine
in this state, if such physician has not otherwise reported such information to
another agency, hospital, and facility, shall report to the Brain and Spinal
Injury Trust Fund Commission such information concerning the identity of the
person such agency, hospital, facility, or physician has identified as having a
traumatic brain or spinal cord injury as defined in this chapter. The report
shall be made within 45 days after identification of the person with the
traumatic brain or spinal cord injury. The report shall contain the name, age,
address, type and extent of disability, and such other information concerning
the person with the disability as the Brain and Spinal Injury Trust Fund
Commission, which is administratively assigned to the department, may
require.
31-18-4.
(a)
The Brain and Spinal Injury Trust Fund Commission, which is administratively
assigned to the Department of Human Resources, shall establish procedures
whereby a person with a traumatic brain or spinal cord injury for whom a report
is made in this chapter shall be informed of appropriate agencies, departments,
hospitals, facilities, organizations, or individuals providing rehabilitative,
independent living, and other services or goods.
(b)
The Brain and Spinal Injury Trust Fund Commission shall maintain records of
reports and notifications made under this chapter. The Brain and Spinal Injury
Trust Fund Commission shall produce an annual report relating to information and
data collected pursuant to this chapter and shall make such report available
upon request.
(c)
Statistical information collected under this chapter shall be available to any
other federal or state agency or private organization concerned with traumatic
brain or spinal cord injuries, but no names or addresses will be provided
without the consent of the person with the traumatic brain or spinal cord injury
or the consent of the immediate family or guardian of such person if that person
is unable to
consent."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.