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Georgia Statutes, Title 37

Georgia/Statutes

← All Georgia coverage

Title 37

9 chapters · 272 sections in this title.

All chapters in Title 37272 Ch 3, EXAMINATION, TREATMENT, ETC., FOR ME…65 Ch 7, HOSPITALIZATION AND TREATMENT OF ALC…65 Ch 2, ADMINISTRATION OF MENTAL HEALTH, DEV…40 Ch 4, HABILITATION OF THE DEVELOPMENTALLY …37 Ch 1, GOVERNING AND REGULATION OF MENTAL H…32 Ch 9, PAYMENT OF EXPENSES FOR SUPPORT, TRE…12 Ch 5, COMMUNITY SERVICES FOR THE DEVELOPME…10 Ch 6, DAY-CARE CENTERS FOR THE DEVELOPMENT…8 Ch 10, INTERSTATE COMPACT ON MENTAL HEALTH3

32 sections·Filtered byTitle 37✕Ch 1✕

O.C.G.A. § 37-1-1 Deﬁnitions
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As used in this title, the term: (1) ‘‘Addictive disease’’ means a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) ‘‘Board’’ means the…
O.C.G.A. § 37-1-2 Legislative ﬁndings as to mental health, developmental disability, and addictive disease problems and services; role of county governing authorities; purpose of this chapter and Chapter 2 of this titl
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(a) The General Assembly ﬁnds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. Further, the General Assembly ﬁnds that a comprehensive range of qual…
O.C.G.A. § 37-1-3 Board of Behavioral Health and Developmental Disabilities; members; removal
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(a) There is created the Board of Behavioral Health and Developmental Disabilities which shall establish the general policy to be followed by the Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Board of Human Resources as t…
O.C.G.A. § 37-1-4 Department of Behavioral Health and Developmental Disabilities; functions, duties; commissioner

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(a) There is created a Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Dis…

O.C.G.A. § 37-1-5 Department to succeed to applicable rules and regulations; transfer of rights, responsibilities, duties, personnel, and property

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(a) The Department of Behavioral Health and Developmental Disabilities shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after Jul…

O.C.G.A. § 37-1-6 Service of notice of pendency of action by second original process

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When any action is brought against the department, the board, the commissioner, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide fo…

O.C.G.A. § 37-1-20 Obligations of the Department of Behavioral Health and Developmental Disabilities

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The department shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care and treatment; recovery; and social, employment, housing, and …

O.C.G.A. § 37-1-21 Institutional powers and duties

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(a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; programs fo…

O.C.G.A. § 37-1-23 Rules of practice and procedure; availability

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The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department is directed to make the board’s and the department’s rules available for distribution. History. — Code 1933, § 88-308, enacted by Ga. L. 1964, p. 499, § 1; Ga. L.…

O.C.G.A. § 37-1-24 Use of psychologist or physician in lieu of one another

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No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title aut…

O.C.G.A. § 37-1-25 Purchase of real property authorized

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The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the beneﬁt of one of the institutions under its control and management, to pay for such land ou…

O.C.G.A. § 37-1-26 Sale of surplus products

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(a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus pr…

O.C.G.A. § 37-1-27 Legislative ﬁndings; Suicide Prevention Program; implementation

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(a) The General Assembly makes the following ﬁndings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth de…

O.C.G.A. § 37-1-28 Conviction data

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(a) As used in this Code section, the term ‘‘conviction data’’ means a record of a ﬁnding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may rece…

O.C.G.A. § 37-1-29 Crisis stabilization unit deﬁned; certiﬁcation of units; minimum standards and requirements; designation as an emergency receiving facility; legislative intent

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(a) As used in this Code section, the term ‘‘crisis stabilization unit’’ means a short-term residential program operated for the purpose of providing psychiatric stabilization and detoxiﬁcation services that complies with applicable department standards and that provides brief, i…

O.C.G.A. § 37-1-40 Power of board to provide and promote standards, rules, and regulations

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The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state ﬁnancial participation in mental health, developmental disabilities, and addictive diseases pro…

O.C.G.A. § 37-1-41 OPINIONS OF THE ATTORNEY GENERAL Department of Human Resources can enter into contract with a county board of health and, on the department’s part, the consideration given for the contract may be the

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1975 Op. Att’y Gen. No. 75-22. Consideration given by county for contract may be rendering services to state which county would not otherwise be obligated to perform, or, if the county is already obligated to perform such services, some other consideration such as money may be su…

O.C.G.A. § 37-1-53 Classiﬁcation of privileged materials

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Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as conﬁdential and privileged documents, reports, and other information and data obtained by them from persons, ﬁrms, corporations, municipalities, counties, and oth…

O.C.G.A. § 37-1-100 Penalty for violations of the provisions of this title

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Any person violating the provisions of this title shall be guilty of a misdemeanor. History. — Code 1933, § 88-301, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2009, p. 453, § 3-1/HB 228.

O.C.G.A. § 37-1-70 Deﬁnitions

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As used in this part, the term: (1) ‘‘Inspection warrant’’ means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a ‘‘mental health law.’’ (2) ‘‘Mental health law’’ means Code Sectio…

O.C.G.A. § 37-1-71 Persons who may obtain inspection warrants; authorization of searches and inspections of property

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The commissioner or the commissioner’s delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions speciﬁed in this chapter. Such warrant shall authorize the commissioner or the commissioner’s delegate to conduct a se…

O.C.G.A. § 37-1-72 Issuance; grounds

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(a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisﬁed that the following conditions are met: (1) The one seekin…

O.C.G.A. § 37-1-73 Contents

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The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upo…

O.C.G.A. § 37-1-74 Exclusion of evidence obtained

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No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party. History. — Code 1933, § 88-306a, enacted by Ga. L. 1975, p. 693, …

O.C.G.A. § 37-1-90 Injunctions for the purpose of enjoining violations of the provisions of this title

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The Department of Behavioral Health and Developmental Disabilities is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as …

O.C.G.A. § 37-1-110 Legislative ﬁndings

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The General Assembly ﬁnds and determines that: (1) Over the last decade the State of Georgia has invested significant resources toward the transformation of the behavioral health service delivery system; and (2) The conclusion of the settlement agreement with the United States De…

O.C.G.A. § 37-1-111 Commission created; ‘‘commission’’ deﬁned

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(a) There is created the Georgia Behavioral Health Reform and Innovation Commission for the purpose of conducting a comprehensive review of the behavioral health system in Georgia. Such review shall include the behavioral health services and facilities available in this state, th…

O.C.G.A. § 37-1-112 Members; terms; officers; operational matters

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(a) The commission shall be composed of 24 members as follows: (1) The following members appointed by the Governor: (A) A chairperson; (B) A psychiatrist who specializes in children and adolescents; (C) A psychiatrist who specializes in adults; (D) A health care provider with exp…

O.C.G.A. § 37-1-113 Meetings; prior approval of agenda; quorum; allowances and reimbursements

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(a) The commission may conduct meetings at such places and times as it deems necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this article. The commission shall hold meetings at th…

O.C.G.A. § 37-1-114 Duties and powers; use of third parties

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(a) The commission shall have the following duties: (1) To review the conditions, needs, issues, and problems related to behavioral health issues in this state and to recommend any action, including proposed changes to rules, regulations, policies, and programs, and proposed legi…

O.C.G.A. § 37-1-115 Subcommittees

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(a) The chairperson of the commission shall appoint the following subcommittees from among the membership of the commission and may also appoint up to two other noncommission-member persons as he or she may determine to be necessary as relevant to and consistent with this article…

O.C.G.A. § 37-1-116 Abolishment and termination

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The commission shall be abolished and this article shall stand repealed on June 30, 2023. History. — Code 1981, § 37-1-116, enacted by Ga. L. 2019, p. 614, § 1/HB 514. CHAPTER 2 ADMINISTRATION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, ADDICTIVE DISEASES, AND OTHER DISABILITY …