GA Code § 37-1-40 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 1 - Governing and Regulation of Mental Health|Article 3 - Promulgation of Rules and Regulations|§ 37-1-40. Power of Board to Provide and Promote Standards, Rules, and Regulations

 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 programs.    (Code 1933, § 88-601, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-603, enacted by Ga. L. 1976, p. 953, § 1; Code 1981, §37-1-41; Ga. L. 1993, p. 1445, § 8; Ga. L. 2002, p. 1324, § 1-6; Ga. L. 2009, p. 453, § 3-1/HB 228; Code 1981, §37-1-40, as redesignated by Ga. L. 2011, p. 752, § 37/HB 142.)   Editor's notes.   - Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "   Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.   Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.   Ga. L. 2011, p. 752, § 37/HB 142, effective May 13, 2011, redesignated former Code Section 37-1-40 as Code Section 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 services of a state employee. 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 substituted. 1975 Op. Att'y Gen. No. 75-22.    Department of Human Resources may contract for mental retardation services with agencies  that spend moneys received under those contracts for building improvements; provided, however, that public agencies may make permanent improvements only on property to which the agencies hold fee simple title. 1977 Op. Att'y Gen. No. 77-81.   Authority to give consideration.    - Since counties and the department have authority to contract, it was self-evident that counties and the department have authority to give consideration for the contract since, pursuant to § 13-3-40, consideration was essential to a contract and a contract without consideration was unenforceable. 1975 Op. Att'y Gen. No. 75-22.    Only limitation on power of the Department of Human Resources to contract  would be that the purpose of any particular contract would have to come within the parameters of the grant of contracting power contained in the statute. 1975 Op. Att'y Gen. No. 75-22.