reglab/housing_qa huggingface dataset:
GA Code § 37-2-31 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-31. Creation of Office of Disability Services Ombudsman

  There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman.   The office and the ombudsman shall:   Be charged with promoting the safety, well-being, and rights of consumers;   Have the powers and duties set forth in this article; and   Act independently of any state official, department, or agency in the performance of duties.     The office and ombudsman shall be assigned to the office of the Governor for administrative purposes only.     (Code 1981, §37-2-31, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-32 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-32. Nominating Committee to Identify Qualified Candidates for Ombudsman; Committee Membership; Terms of Service of Ombudsman

  A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article.   The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following:   A former consumer of the division;   A current consumer of the division;   A representative of the department;   A representative of an advocacy organization for consumers;   A representative of law enforcement;   A licensed psychiatrist;   A psychologist;   A registered professional nurse; and   A representative of the executive branch of the state government of Georgia.     Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson.   The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor.     (Code 1981, §37-2-32, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-33 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-33. Powers of Ombudsman

  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 ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman.   The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman.     (Code 1981, §37-2-33, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-34 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-34. Ombudsman and Other Office Personnel Deemed Members of Department Work Force for Certain Purposes

 The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of:    Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36;   Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and   Ensuring the department's compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto.     (Code 1981, §37-2-34, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-37 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-37. Investigation Report; Referrals to Division and Other Appropriate Agencies

  Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation and conciliation. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency.   Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency.     (Code 1981, §37-2-37, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-38 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-38. Confidentiality; Disclosure of Information

  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 disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding.   The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer.     (Code 1981, §37-2-38, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-39 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-39. Notice of Complaint Procedure

 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 services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumer's guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumer's first receiving disability services.    (Code 1981, §37-2-39, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-40 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-40. Discrimination or Retaliation Prohibited; Sanctions

  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 ombudsman.   Any person violating this Code section shall be guilty of a misdemeanor.     (Code 1981, §37-2-40, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-41 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-41. Federal Financial Participation; Documentation

 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 the ombudsman.    (Code 1981, §37-2-41, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-42 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-42. Immunity From Civil and Criminal Liability for Providing Certain Information to Ombudsman

 No person providing information, including but not limited to a consumer's records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.    (Code 1981, §37-2-42, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-43 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-43. Immunity From Civil and Criminal Liability for Filing Complaint; Ombudsman's Immunity for Actions Related to Discharge of Duties

  Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false.   The ombudsman and employees of the office of ombudsman shall be held harmless, including legal fees and costs, if any, in any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties for any action taken under this article if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct.     (Code 1981, §37-2-43, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-44 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-44. Statutory Construction

 Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.    (Code 1981, §37-2-44, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-46 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-46. Notification of Consumer's Death; Time Limits

  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 operated community residential services, the division, governmental agency, or services provider shall notify the ombudsman of such death within 24 hours of knowledge of such death.   The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding.     (Code 1981, §37-2-46, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-47 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 1 - Office of Disability Services Ombudsman|§ 37-2-47. Scope of Part

 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 consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease.    (Code 1981, §37-2-47, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-2-50 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services|Article 2 - Administration of Mental Disability Services|Part 2 - Additional Powers and Duties|§ 37-2-50. Additional Powers and Duties

 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 attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease.    (Code 1981, §37-2-50, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)
GA Code § 37-3-40 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 1 - Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician's Certificate, Court Order, Etc|§ 37-3-40. Designation by Department of Emergency Receiving Facilities; Reporting; Penalty for Noncompliance

  Any state owned and state operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under Code Sections 37-3-41 through 37-3-44, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.   No later than January 15, 2023, any emergency receiving facility designated under this Code section shall report to the department de-identified, aggregated data with the total number of:   Certificates received at the emergency receiving facility by county issued under subsection (a) of Code Section 37-3-41;   Such certificates received at the emergency receiving facility by each type of licensed professional authorized under Code Section 37-3-41;   Individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of Code Section 37-3-41; and   Individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of Code Section 37-3-41.     The frequency of the reporting requirement required by subsection (b) of this Code section shall be determined by the department no later than December 31, 2021.   Failure to submit the information required by subsection (b) of this Code section as directed by the department shall result in the suspension of a facility's designation as an emergency receiving facility until the required reports are submitted to the department.    (Code 1933, § 88-504.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 2021, p. 686, § 1/HB 591.)    The 2021 amendment,  effective July 1, 2021, designated the existing provisions of this Code section as subsection (a) and added subsections (b) through (d).   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county is a county in which the procedure is governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.   RESEARCH REFERENCES   ALR.   - Hospital's liability as to diagnosis and care of patients brought to emergency ward, 72 A.L.R.2d 396.
GA Code § 37-3-42 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 1 - Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician's Certificate, Court Order, Etc|§ 37-3-42. Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record

  A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-3-41, or directly to an emergency receiving facility if (1) the person is committing a penal offense, and (2) the peace officer has probable cause for believing that the person is a mentally ill person requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record.   Any psychologist may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist acting under this Code section. For purposes of this subsection, the term "psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist.    (Code 1933, § 88-504.3, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1981, p. 996, § 4; Ga. L. 1987, p. 3, § 37.)   Cross references.   - Arrest of persons, T. 17, C. 4.   Licensing of applied psychologists, T. 43, C. 39.   JUDICIAL DECISIONS   No authority to take defendant into custody.    - Officers were not acting within the scope of their lawful authority when they took the defendant into custody because they did not have a physician's certificate or court order as required by O.C.G.A. § 37-3-41, and it was undisputed that the defendant had not committed, nor was the defendant suspected of committing, a penal offense as mandated by O.C.G.A. § 37-3-42(a). Boatright v. State, 327 Ga. App. 785, 761 S.E.2d 176 (2014).    Cited in  Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980).   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county was a county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of overt act requirement of state statutes providing for commitment of sexually dangerous persons, 56 A.L.R.6th 647.