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Georgia Statutes, Title 26

Georgia/Statutes

← All Georgia coverage

Title 26

5 chapters · 378 sections in this title.

All chapters in Title 26378 Ch 2, STANDARDS, LABELING, AND ADULTERATIO…208 Ch 4, PHARMACISTS AND PHARMACIES99 Ch 5, DRUG ABUSE TREATMENT AND EDUCATION P…46 Ch 3, STANDARDS, LABELING, AND ADULTERATIO…24 Ch 1, GENERAL PROVISIONS1

46 sections·Filtered byTitle 26✕Ch 5✕

O.C.G.A. § 26-5-1 Short title
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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.
O.C.G.A. § 26-5-10 Issuance of license; revocation or suspension
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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…
O.C.G.A. § 26-5-11 Conditions for issuance of license; nontransferability
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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…
O.C.G.A. § 26-5-12 Records of drug dependent persons treated or advised
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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…

O.C.G.A. § 26-5-13 Inspection of programs

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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…

O.C.G.A. § 26-5-14 Denial, suspension, or revocation of licenses

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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…

O.C.G.A. § 26-5-15 Notice of proposed denial, suspension, or revocation; hearing

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Notice of a proposed denial, suspension, or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the application is ﬁled or the grounds are discovered. Within ten days from receipt of such notice, the licensee so …

O.C.G.A. § 26-5-16 Applicability of “Georgia Administrative Procedure Act

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The promulgation of 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. Ga. L. 1972, p. 714, § 13; Ga. L. 1985, p. 476, § 15…

O.C.G.A. § 26-5-17 Conﬁdentiality of records, names, and communications

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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 revealed e…

O.C.G.A. § 26-5-18 Injunctions; nuisances per se

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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…

O.C.G.A. § 26-5-19 Penalty

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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.

O.C.G.A. § 26-5-2 Legislative intent

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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…

O.C.G.A. § 26-5-20 Priority admissions policy for drug dependent pregnant females

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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 …

O.C.G.A. § 26-5-22 Annual on-site inspections of narcotic treatment programs

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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 …

O.C.G.A. § 26-5-3 Deﬁnitions

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As used in this article, the term: (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 dependent persons…

O.C.G.A. § 26-5-4 Classiﬁcation of programs

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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.

O.C.G.A. § 26-5-5 Promulgation of minimum standards of quality and services for each class of programs

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The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where programs are offered…

O.C.G.A. § 26-5-6 Promulgation of rules and regulations

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The department is authorized and directed to create and promulgate 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.

O.C.G.A. § 26-5-7 License required

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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.

O.C.G.A. § 26-5-8 Application for license

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(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…

O.C.G.A. § 26-5-9 Provisional licenses

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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…

O.C.G.A. § 26-5-40 Short title

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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.

O.C.G.A. § 26-5-41 Deﬁnitions

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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 …

O.C.G.A. § 26-5-42 Minimum standards of quality and services

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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…

O.C.G.A. § 26-5-43 Rules and regulations

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

O.C.G.A. § 26-5-44 License required

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No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article. History. Code 1981, § 26-5-44, enacted by Ga. L. 2017, p. 307, § 1/SB 88.

O.C.G.A. § 26-5-45 Application; proof of compliance

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(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…

O.C.G.A. § 26-5-46 Application enrollment period; required letter of intent

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(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…

O.C.G.A. § 26-5-47 Application review and requirements; nontransferability

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(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…

O.C.G.A. § 26-5-48 Prerequisites to licensing; limits on licenses; waivers; creation of regions

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(a) Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following: (1) Compliance with all state and federal law and regulations; (2) Compliance with all applicable standards of practice; (3) Program …

O.C.G.A. § 26-5-49 Rewards and ﬁnancial incentives prohibited

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(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 counted ﬁnancial incentives to a potential patient that does not c…

O.C.G.A. § 26-5-50 Compliance with zoning requirements

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Narcotic treatment programs shall fully comply with local zoning requirements. History. Code 1981, § 26-5-50, enacted by Ga. L. 2017, p. 307, § 1/SB 88.

O.C.G.A. § 26-5-51 Providing of records

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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…

O.C.G.A. § 26-5-52 Inspections

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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…

O.C.G.A. § 26-5-53 Denial, suspension, or revocation of license

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The department may deny any license applied for under this article that does not fulﬁll the minimum requirements which the department shall 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 s…

O.C.G.A. § 26-5-54 Notice

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Notice of a proposed suspension or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the open enrollment period has closed or the grounds are discovered. Within ten days from receipt of such notice, the license…

O.C.G.A. § 26-5-55 Actions subject to Administrative Procedures Act

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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…

O.C.G.A. § 26-5-56 Conﬁdentiality of patient information

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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…

O.C.G.A. § 26-5-57 Enforcement

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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…

O.C.G.A. § 26-5-58 Penalty

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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.

O.C.G.A. § 26-5-59 Priority admissions policy for drug dependent pregnant females

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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 …

O.C.G.A. § 26-5-60 Central registry

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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…

O.C.G.A. § 26-5-61 Records check application

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(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…

O.C.G.A. § 26-5-80 Prohibited remunerations and acts; exemptions; penalties

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(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…

O.C.G.A. § 26-5-23 Article 1 Article 2 General Provisions Narcotic Treatment Programs Enforcement Short title

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Legislative intent. Deﬁnitions. Classiﬁcation of programs. Promulgation of minimum standards of quality and services for each class of programs. Promulgation of rules and regulations. License required. Application for license. Provisional licenses. Issuance of license; revocation…

O.C.G.A. § 26-5-62 Short title

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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 …