Title 37 — Title 37
0 chapters · 207 sections in this title.
O.C.G.A. § 37-2-1 Declaration of purpose
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(a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and …
O.C.G.A. § 37-2-10 Inspection warrants
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Enforcement of mental health law, §§37-1-70 to 37-1-74. Powers and duties, §37-1-4. Removal by board, §37-1-4. Community service boards. Policies and procedures, establishing, §37-1-20. Complaints from individuals receiving services. Unit to receive and consider, establishment, §…
O.C.G.A. § 37-2-11 Allocation of funds, §37-2-11
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Appropriations to department. Distribution, §37-2-5.1. Behavioral health coordinating council. Chairperson. Commissioner, §37-2-4. Created, §37-2-4. Duties, §37-2-4. Meetings, §37-2-4. Members, §37-2-4. Notice. Meetings, §37-2-4. Quorum, §37-2-4. Recommendations, report, §37-2-4.…
O.C.G.A. § 37-2-11.1 Liabilities, debts or obligations
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State, counties, municipalities not liable, §§37-2-6, 37-2-6.3. Manager and management team to operate and manage services. Appointment by commissioner. Cessation of board’s operations, §37-2-6.5. Failure of board to establish and administer programs, §37-2-10. Meetings.
O.C.G.A. § 37-2-11.2 Actions
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Service of notice of pendency of action. Second original process, §37-1-6. Allocation of funds, §37-2-11. Appropriations to department. Distribution, §37-2-5.1. Best practices for providing services. Duty to identify and determine, §37-1-20. Classification of privileged material, …
O.C.G.A. § 37-2-2 Definitions
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As used in this chapter, the term: (1) ‘‘Community service board’’ means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2) ‘‘Community service board area’’ means an area inclusive of the counties whic…
O.C.G.A. § 37-2-3 Community service boards
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Actions by or against boards, §37-2-6.3. Venue, actions against boards, §37-2-11.1. Advisory boards.
O.C.G.A. § 37-2-30 Definitions
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As used in this article, the term: (1) ‘‘Advance directive for health care’’ means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. (2) ‘‘Clinical record’’ means a written record pertaining to an individual consumer…
O.C.G.A. § 37-2-31 Creation of office of disability services ombudsman
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(a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall: (1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set for…
O.C.G.A. § 37-2-33 Powers of ombudsman
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(a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy…
O.C.G.A. § 37-2-34 Substance abuse
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Patient’s records, §37-7-166. Sealing of files and records of court proceedings, §37-7-167. 716 INDEX CONFLICTS OF INTEREST. Code of military justice. Courts-martial. Military judges. Disqualification for conflict of interest, §38-2-1026. Mental health. Community service boards, §37…
O.C.G.A. § 37-2-35 Duties of ombudsman
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The ombudsman shall: (1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that m…
O.C.G.A. § 37-2-36 Investigations
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(a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shall have the authority to enter any facility, premi…
O.C.G.A. § 37-2-37 Scope of powers, §37-2-50
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Written description of process, §37-2-39. Contracting authority, §37-2-33.
O.C.G.A. § 37-2-38 Confidentiality; disclosure of information
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(a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclos…
O.C.G.A. § 37-2-39 Notice of complaint procedure
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The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such s…
O.C.G.A. § 37-2-4 Vacancy, §37-2-4
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Vice chairperson, §37-2-4. Vote as act of council, §37-2-4. Behavioral health reform and innovation commission, §§37-1-110 to 37-1-116. Bill of rights. Rights of patients and their representatives, §§37-3-140 to 37-3-168. Board of behavioral health and developmental disabilities.…
O.C.G.A. § 37-2-40 Discrimination or retaliation prohibited; sanctions
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(a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the omb…
O.C.G.A. § 37-2-41 Federal financial participation; documentation
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The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of …
O.C.G.A. § 37-2-44 Statutory construction
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Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law. History. — Code 1981, § 37-2-44, enacted by Ga. L. 2008, p. 133, § 3/HB 535. 37-2-45. Medical review group to review the deaths of consumer…
O.C.G.A. § 37-2-45 Medical review group to review the deaths of consumers
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(a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state 110 37-2-45 ADMINISTRATION OF MENTAL HEALTH, ETC. 37-2-45 operated community residential services, which shall serve at the pleasure of the Gove…
O.C.G.A. § 37-2-46 Notification of consumer’s death; time limits
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(a) Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumer’s discharge from a state hospital or state o…
O.C.G.A. § 37-2-47 Scope of part
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Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumer…
O.C.G.A. § 37-2-5 NEWLY DISCOVERED EVIDENCE
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Code of military justice. New trial. Grounds, §38-2-1073. NEWSPAPER CARRIERS. Child labor, §39-2-6. NEWSPAPERS. Child labor. Sale or delivery of newspapers, §39-2-6. Hours of work, §39-2-6.
O.C.G.A. § 37-2-5.1 Allocation of funds
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(a) State, federal, and other funds appropriated to the department and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a gi…
O.C.G.A. § 37-2-5.2 Local offices — Duties, functions, and powers
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Under the supervision of the department, each local office shall have the following duties and functions: (1) To receive and administer gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (2) To encourag…
O.C.G.A. § 37-2-50 Additional powers and duties
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Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and att…
O.C.G.A. § 37-2-6 Editor’s notes
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— Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the …
O.C.G.A. § 37-2-6.1 Boundaries, §37-2-3
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Budget. Governing board, duties, §37-2-6.1. Bylaws, §37-2-6. Carry forward of fund balances and accounts, §37-2-6.1. Cessation of operations, §§37-2-6.5, 37-2-10. Chairperson, vice chairperson, §37-2-6.1. Clinical records, §37-2-11.2. Conflicts of interest, §37-2-6.1. Contracts. E…
O.C.G.A. § 37-2-6.3 Public body; lawsuits; debts, obligations, and liabilities
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(a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from…
O.C.G.A. § 37-2-6.4 Records
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Clinical records, §37-2-11.2. Redesignation of boundaries, §37-2-3. Regional advisory councils for mental heath, developmental disabilities and addictive disease. Appointment of former regional board members to community service boards. Time period, §37-2-5. Regional planning boa…
O.C.G.A. § 37-2-7 State’s responsibility, §37-2-1
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Suicide prevention program. Created, managed by department, duties, §37-1-27. Transfer of patients. Custody of federal agencies for diagnosis, care or treatment, §37-3-102. State courts retention of jurisdiction over transferred patients, §37-3-102. Federal hospitals and institut…
O.C.G.A. § 37-2-8 Unification of state and area service programs
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Reserved. Repealed by Ga. L. 1993, p. 1445, § 16, effective July 1, 1994. Editor’s notes. — This Code section was based on Code 1933, § 88-608, en- acted by Ga. L. 1976, p. 953, § 1; Ga. L. 1986, p. 1213, § 1. 89 Ga. L. 1993, p. 1445, which repeals and reserves this Code section,…