Title 37 — Title 37
0 chapters · 207 sections in this title.
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. § 37-1-100 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. § 37-1-110 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 Abolition of commission, §37-1-116
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Appointment of nonmembers to subcommittees, §37-1-115. Approval of meeting agendas, §37-1-113. Attachment to office of planning and budget, §37-1-112. Creation of commission, §37-1-111. Definition of commission, §37-1-111. Duties, §37-1-114. Elected officials, term of office, §37-…
O.C.G.A. § 37-1-2 Militia
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Support of unauthorized military bodies prohibited, §38-2-277. Veterans’ affairs. Nationally recognized veterans’ organizations. Authority to furnish quarters, utilities and services, §38-1-2. COURT REPORTERS. Code of military justice. Courts-martial, §38-2-1028. Oaths, §38-2-104…
O.C.G.A. § 37-1-20 Divisions
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Creation within department, functions, allocation by commissioner, §37-1-4. Duties, §37-1-20. Employees of department of human resources. Transfer to department, §37-1-5. Federal law, rules and regulations. Compliance with, §37-1-20. Habilitation of developmentally disabled. Rule…
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. § 37-1-22 Redesignated
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Reserved. Editor’s notes. — Ga. L. 2011, p. 752, § 37(2), effective May 13, 2011, redesignated former Code Section 37-1-22 as present Code Section 37-1-40, and reserved the designation of this Code section. 37-1-23. Rules of practice and procedure; availability.
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. § 37-1-3 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. § 37-1-41 State mental health facilities
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Management, rules and regulations, adoption, §37-1-21. Terms, §37-1-3. Vacancies, §37-1-3. Chapter liberally construed, §37-2-1. Clinical records. Appointment of patient representatives and guardians ad litem, §37-3-147. Authority of psychologist, clinical social workers or clini…
O.C.G.A. § 37-1-50 Necessity of hearing; powers of hearing examiner, qualification
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Reserved. Repealed by Ga. L. 2010, p. 286, § 4/SB 244, effective July 1, 2010. Editor’s notes. — This Code section was based on Code 1933, § 88-304, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1977, p. 309, § 1; Ga. L. 1993, p. 1445, § 12; Ga. L. 2009, p. 453, § 3-1/HB 228. 37-1-…
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. § 37-1-6 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. § 37-1-70 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 Generally, §§37-1-70 to 37-1-74
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Mental health law defined, §37-1-70. Service of process.
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 Police at state treatment facilities
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Appointment, authority, §37-1-21. Real property. Purchase for institutions, §37-1-25. Supervision and administrative control. Department designated state agency for, §37-1-21. MENTAL HEALTH —Cont’d State mental health facilities —Cont’d Surplus products of institutions under cont…
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…