Title 26 — Food, Drugs, and Cosmetics

This article shall be known and may be cited as the “Drug Abuse Treatment and Education Act.” History. Ga. L. 1972, p. 714, § 1; Ga. L. 2017, p. 307, § 2/SB 88. 26-5-2. Legislative intent.

The department may, upon submission of an application, with proof of accreditation by a voluntary accreditation agency approved by the department, issue a license based upon the findings of the accreditation agency. The license may be issued without an on-site visit by the departm…

The department shall issue a license to a governing body for any program which meets all the rules and regulations for the class of license applied for. The license shall be nontransferable for a change of location or governing body. History. Ga. L. 1972, p. 714, § 11; Ga. L. 198…

Subject to the limitations of Code Section 26-5-17, the department may require at reasonable intervals, and each licensee shall furnish copies of complete records of each drug dependent person treated or advised pursuant to a program. History. Ga. L. 1972, p. 714, § 14; Ga. L. 19…

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be…

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of suc…

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this article shall be confidential and shall not be 610 26-5-1…

The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to all…

Any person who violates this article shall be guilty of a misdemeanor. History. Ga. L. 1972, p. 714, § 20; Ga. L. 2017, p. 307, § 2/SB 88. 611 26-5-20 FOOD, DRUGS, AND COSMETICS 26-5-23 26-5-20. Priority admissions policy for drug dependent pregnant females.

The purpose of this article is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to ensure that every governing body which operates a drug abuse treatment and educati…

Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be …

The authorized department shall conduct an annual on-site inspection of each narcotic treatment program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of …

Applicability of administrative procedure act, §26-5-16. Administrative procedure act. Applicability, §26-5-16. Appeals. Applicability of administrative procedure act, §26-5-16. Character of services provided. Classification of programs, §26-5-4. Citation of provisions, §26-5-1. C…

As used in this article, the term: 604 26-5-3 (1) “Department” means the Department of Community Health or its successor. (2) “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug depend…

The department is authorized to classify all programs within the state according to the character and range of services provided. History. Ga. L. 1972, p. 714, § 4; Ga. L. 1985, p. 476, § 3. 26-5-5. Promulgation of minimum standards of quality and services for each class of progr…

This article shall be known and may be cited as the “Narcotic Treatment Programs Enforcement Act.” History. Code 1981, § 26-5-40, enacted by Ga. L. 2017, p. 307, § 1/SB 88. 26-5-41. Definitions.

As used in this article, the term: (1) “Department” means the Department of Community Health or its successor. (2) “Governing body” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a …

The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where p…

The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article. 614 26-5-46 History. Code 1981, § 26-5-43, enacted by Ga. L. 2017, p. 307, § 1/SB 88. 26-5-44. License required.

Inspection of premises, §26-5-52. Licenses. Additional program, application by current licensee, §26-5-47. Application, §26-5-45. Application review process committee, §26-5-47. Background checks, §26-5-61. Change of location, §26-5-47. Currently operating programs, §26-5-47. Dis…

(a) Application for a license to operate a narcotic treatment program shall be submitted by the governing body to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. (b) Proof of…

(a) The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs. (b) The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall…

(a) The department shall, consistent with the requirements of this Code section, establish an application review process committee. The members of the committee shall include representation from department staff members and the Department of Behavioral Health and Developmental Di…

(a) Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program. (b) Narcotic treatment programs shall not provide temporary dis621 26-5-49 FOOD, DRUGS, AND COSMETICS 26-5-53 counted financial incent…

Drug dependent pregnant females. Treatment and education programs. Priority admissions, §26-5-20. Y YEAST. Bread. Defined, §26-2-290. Vitamins and ingredients, §26-2-292. YOLKS. Classification of eggs, §26-2-261. YOUTH ATHLETICS. Epinephrine. Storage of auto-injectable epinephrine …

Subject to the limitations of Code Section 26-5-56, the department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the narcotic treatment program; provided, however, that patient identifying info…

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be…

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department 622 26-5-56 shall prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee viola…

Appropriate notice included with locate request, §25-9-6. Definition of appropriate notice, §25-9-3. NOTICE —Cont’d Utility facility protection —Cont’d Appropriate notice included with locate request —Cont’d Emergency excavations. Applicability of provisions, §25-9-12. Nonemergenc…

The promulgation of reasonable and necessary rules and regulations, the conduct of administrative hearings, and judicial review of the department’s actions shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 26-5-55, enact…

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this chapter shall be confidential and shall not be revealed e…

Applicability of administrative procedure act, §26-5-55. Effect of existing rules and regulations, §26-5-62. Standards for quality and service, §26-5-42. Disciplinary actions against licensees, §§26-5-53, 26-5-54. Discounted fees, restrictions, §26-5-49. Effect of existing rules …

Any person who violates any provision of this article shall be guilty of a misdemeanor. History. Code 1981, § 26-5-58, enacted by Ga. L. 2017, p. 307, § 1/SB 88. 26-5-59. Priority admissions policy for drug dependent pregnant females.

Confidentiality of patient information, §26-5-56. Redaction of patient identifying information, §26-5-51. Regional maximum allowable programs, §26-5-48. Enumeration of regions, §26-5-48. Rewards for patient referrals prohibited, §26-5-49. Rules and regulations. Applicability of ad…

The department is authorized and directed to create and promulgate 606 26-5-8 all rules and regulations necessary for the implementation of this article. History. Ga. L. 1972, p. 714, § 12; Ga. L. 1985, p. 476, § 5; Ga. L. 2017, p. 307, § 2/SB 88.

To prevent simultaneous enrollment of a patient in more than one program, all programs shall comply with the policies and participate in the central registry operated by the Department of Behavioral Health and Developmental Disabilities. Programs shall comply with the rules and r…

(a) As used in this Code section, the term: (1) “Administrator” means the individual designated by the program’s governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations…

Definitions. Minimum standards of quality and services. Rules and regulations. License required. Application; proof of compliance. Application enrollment period; required letter of intent. Application review and requirements; nontransferability. Prerequisites to licensing; limits …

No governing body shall operate a drug abuse treatment and education program without having a valid license or provisional license issued pursuant to this article. History. Ga. L. 1972, p. 714, § 6; Ga. L. 1985, p. 476, § 6; Ga. L. 2017, p. 307, § 2/SB 88.

(a) Application for a license to operate a program shall be submitted by the governing authority to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. (b) Proof of compliance wi…

(a) As used in this Code section, the term: (1) “Health care provider” means: (A) Any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or define…

The department may issue a provisional license effective for a period not to exceed 90 days to each applicant who has substantially complied with all requirements for a regular license. Provisional licenses shall be renewed in the discretion of the department only in cases of ext…