reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-3-160 — 37-3-168) › Section 37-3-165 - Mistreatment, neglect, or abuse of patients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraint

(a)
Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons.
(b)
Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or herself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations.
(c)
For the purposes of this Code section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized service plan.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-3-160 — 37-3-168) › Section 37-3-168 - Right of patient's attorney to interview physicians, psychologists, and staff attending patient; establishment of regulations as to release of information to patient's attorney

The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-200 - Short title

This article shall be known and may be cited as the "Adult Residential Mental Health Services Licensing Act."
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-201 - Purpose

The purpose of this article is to provide for the classification and systematic evaluation, licensure, and monitoring of residential programs designed for the treatment and therapeutic recovery of adult persons with a primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and stress related disorder; to ensure that every governing body which operates an adult residential mental health program is licensed to do so; and to meet the rehabilitative and recovery needs and supports of persons who have mental illnesses while safeguarding their individual liberties as well as public safety.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-202 - Definitions

As used in this article, the term:
(1)
"Adult residential mental health program" means a subacute residential alternative service of four or more residential beds authorized to provide psychiatric services for mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per week to provide intensive short-term noninstitutional treatment to individuals who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of or transition from or after acute psychiatric hospitalization. Such term shall not include crisis stabilization units, as defined in Code Section
37-1-29
; community living arrangements, as defined by the Department of Behavioral Health and Developmental Disabilities; mental health programs conducted by accountability courts; or residential beds operated by a state or local public entity.
(2)
"Applicant" means any individual affiliated with a partnership, corporation, association, or individuals or groups of individuals submitting an application to operate an adult residential mental health program under this article.
(3)
"Department" means the Department of Community Health.
(4)
"Governing body" means the partnership, corporation, limited liability company, association, or person or group of persons who maintains and controls the adult residential mental health program and who is legally responsible for its operation.
(5)
"License" means the official permit issued by the department which authorizes the holder to operate an adult residential mental health program.
(6)
"Licensee" means any person holding a license issued by the department under this article.
(7)
"Mentally ill person" means a person who has significant deficits in functioning affecting social and family relationships, work, self-care, educational goals, or legal involvements due to his or her primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and stress related disorder as listed in the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders
(DSM-5) or the World Health Organization's
International Classification of Diseases
, in effect as of July 1, 2022, or as the department may further define such term by rule and regulation.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-203 - Classification of residential programs

The department is authorized to classify all adult residential mental health programs within the state according to the character and range of services provided.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-205 - Regulatory and licensing authority

(a)
The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article no later than January 1, 2025.
(b)
The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section
31-2-8
.
(c)
All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2024 Ga. Laws 475,§ 1, eff. 4/23/2024.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-206 - Licensing requirement; funding contingency

(a)
On and after July 1, 2025, no governing body shall operate an adult residential mental health program without having a valid license or provisional license issued pursuant to this article; provided, however, that hospitals licensed in accordance with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an adult residential mental health program that is separate and distinct from the licensed hospital.
(b)
This Code section shall become effective only upon the effective date of a specific appropriation of funds for purposes of this article, as expressed in a line item making specific reference to this article in a General Appropriations Act enacted by the General Assembly.
Amended by 2024 Ga. Laws 475,§ 2, eff. 4/23/2024.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-207 - Applications; proof of compliance

(a)
Application for a license to operate an adult residential mental health program shall be submitted by the governing body to the department in the manner prescribed in the department's rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant.
(b)
Proof of compliance with all applicable federal and state laws for the handling and dispensing of medications, and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the application submitted to the department.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-208 - Provisional licensing; terms

(a)
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 extreme hardship and in no case for longer than 90 days.
(b)
The obligations and conditions of a provisional license shall be the same as those of a regular license except as otherwise provided for in this article.
(c)
The duration limits included in subsection (a) of this Code section shall not apply to one-time provisional licenses issued by the department pursuant to Code Section
37-3-208.1
.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-208.1 - One-time provisional license

Between July 1, 2022, and June 30, 2025, the department shall be authorized to grant a one-time provisional license for an adult residential mental health program to an existing licensed personal care home that substantially complies with the requirements of this article for a period not to extend beyond June 30, 2025.
Amended by 2024 Ga. Laws 475,§ 3, eff. 4/23/2024.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-209 - Proof of accreditation

The department may accept proof of accreditation by a nationally recognized healthcare accreditation body, in accordance with specific standards, as evidence of compliance with one or more departmental requirements for issuance or renewal of a license or provisional license.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-210 - Nontransferable licensing

The department shall issue a license to a governing body for any adult residential mental health 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.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-211 - Denial, suspension or revocation of license

(a)
The department is authorized to deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule or regulation adopted under this chapter or to take other disciplinary actions against licensees as provided in Code Section
31-2-8
.
(b)
The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-212 - Confidentiality of records and names of mentally ill persons seeking treatment

For the purpose of providing more effective treatment and rehabilitation, the records and name of any mentally ill person who seeks or obtains treatment, therapeutic advice, or counsel from any adult residential mental health program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by the mentally ill person affected or his or her guardian or custodian; furthermore, any communication by such mentally ill person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made. The protections in this Code section and other provisions of state or federal law of an individual client's identity or communications to the clinical staff of any adult residential mental health program licensed under this article shall not prohibit the use of de-identified data relating to such clients for clinical or programmatic research or education or in presentations about the programs offered by a licensee under this article. Subject to and in compliance with the limitations of any state or federal privacy laws, the department may require at reasonable intervals, and each licensee shall furnish, copies of summary records of each mentally ill person treated or advised pursuant to an adult residential mental health program.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-213 - On-site inspections

The department shall conduct periodic on-site inspection of each adult residential mental health 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 such adult residential mental health program so that the department may determine whether a provider is operating in compliance with licensing requirements. Each licensee shall permit authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted, for which a license has been applied, or for which a license has been issued so that verification of compliance with all relevant laws or regulations can be made.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-214 - Role of disability services ombudsman

The powers of the disability services ombudsman established in Part 1 of Article 2 of Chapter 2 of this title shall include oversight of patients of adult residential mental health programs established by this article, with all attendant powers and functions specified by law for such ombudsman.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 7 - [ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT] (§§ 37-3-200 — 37-3-215) › Section 37-3-215 - Unlicensed residential mental health program; penalty

(a)
On and after July 1, 2025, a facility shall be deemed to be an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt from licensure under this article and:
(1)
The facility is providing services and is operating as an adult residential mental health program;
(2)
The facility is held out as or represented as providing services and operating as an adult residential mental health program; or
(3)
The facility represents itself as a licensed adult residential mental health program.
(b)
Any unlicensed adult residential mental health program may be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," a civil penalty in the amount of $100.00 per bed per day for each day of violation. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department's intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing.
(c)
In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the owner or operator continues to operate the unlicensed adult residential mental health program, after receipt of notice pursuant to subsection (b) of this Code section.
(d)
The owner or operator of an unlicensed adult residential mental health program who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.
(e)
Any person who owns or operates an adult residential mental health program in violation of this Code section shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.
Amended by 2024 Ga. Laws 475,§ 4, eff. 4/23/2024.
Added by 2022 Ga. Laws 829,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-1 - Declaration of policy

The State of Georgia recognizes the capacity of all of its citizens, including those who are developmentally disabled, to be both personally and socially productive; and it further recognizes its obligation to provide aid in the form of a coordinated system of community facilities, programs, and services to developmentally disabled citizens so that they may achieve a greater measure of independence and fulfillment and more fully enjoy their rights of citizenship.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-3 - Authority of board to issue regulations; powers of department generally

(a)
The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of developmentally disabled persons.
(b)
In addition to the other powers provided by this chapter, the department shall have the authority:
(1)
To enforce the regulations issued by the board;
(2)
To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein;
(3)
To require such reports from any facility as it may find necessary to the performance of its duties or functions;
(4)
To visit facilities regularly to review the procedures applied to all clients;
(5)
To determine the care, treatment, education, habilitation, or other specialized services being given all clients;
(6)
To investigate complaints and make reports and recommendations relative to the same; and
(7)
To make effective such procedures and orders as may be appropriate to carry out this chapter.
Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of care, treatment, education, habilitation, or other specialized services of clients and the investigation of complaints shall not apply to clients who are being cared for in a facility operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-4 - Coordination of training programs for the developmentally disabled

The State Department of Education is authorized and directed to coordinate its program for training the developmentally disabled with the programs of the Department of Behavioral Health and Developmental Disabilities. The Department of Education is authorized and empowered to expend funds appropriated to or available to it for such purposes.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-5 - Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September 1, 1978; validity of hospitalization orders entered before July 1, 2011

(a)
No hospitalization of a developmentally disabled person lawful before September 1, 1978, shall be deemed unlawful because of the enactment of this chapter. The board is authorized to establish reasonable regulations to require that the superintendent or regional state hospital administrator of each facility where developmentally disabled persons are in residence apply under Code Section
37-4-42
for an order authorizing continued care of a client for whom such care is necessary and who was initially hospitalized under an order of a court prior to September 1, 1978. Such prior orders of hospitalization entered by the courts, unless superseded at an earlier date by an order under this chapter, or unless such prior orders expire under their own terms at an earlier date, shall remain valid until 12 months following September 1, 1978, after which all such orders shall be null and void and of no effect.
(b)
No hospitalization of a person with developmental disabilities which was lawful before July 1, 2011, shall be deemed unlawful because of the repeal of former Code sections under Article 2 of this chapter.
Amended by 2011 Ga. Laws 84,§ 2, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-6 - Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter

Any physician, psychologist, peace officer, attorney, or health official or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to the "Hospital Authorities Law," Article 4 of Chapter 7 of Title 31 who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the admission of a client to a facility or the discharge of a client from a facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-7 - Apprehension by peace officer of developmentally disabled person who leaves facility without permission

If, during the period of habilitation authorized by this chapter a client escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the client has escaped or otherwise left the facility without permission; and the peace officer shall be authorized to take said client into custody and return him to such facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 1 - GENERAL PROVISIONS (§§ 37-4-1 — 37-4-8) › Section 37-4-8 - Approval of private facilities; powers and duties of private facilities; right to deny admission

Any private facility within this state may be approved as a facility for the habilitation of developmentally disabled persons by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under this chapter for evaluation and habilitation and shall have all duties and obligations of such facilities imposed by this chapter, except that any such private facility may decline to accept any client who is unable to pay it for habilitation services or for whom it has no available space.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 1 - [Repealed] GENERAL PROVISIONS (§ 37-4-20) › Section 37-4-20 - through 37-4-22 - Reserved

Reserved. Repealed by Ga. L. 2011, p. 337, § 3/HB 324, effective July 1, 2011.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 2 - COURT ORDERED SERVICES (§§ 37-4-40 — 37-4-44) › Section 37-4-40 - [Repealed] Filing petition with court for according of program of services to developmentally disabled person; order for examination of person by comprehensive evaluation team; report by team; petition hearing; procedure upon finding that department services are necessary

Repealed by 2011 Ga. Laws 84,§ 4, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-14, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 2 - COURT ORDERED SERVICES (§§ 37-4-40 — 37-4-44) › Section 37-4-40.1 - through 37-4-40.5 - [Repealed]

Repealed by Ga. L. 2011, p. 337, § 5/HB 324, effective July 1, 2011.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 2 - COURT ORDERED SERVICES (§§ 37-4-40 — 37-4-44) › Section 37-4-41 - [Repealed] Procedure upon failure of or client's noncompliance with court ordered habilitation program

Repealed by 2011 Ga. Laws 84,§ 4, eff. 7/1/2011.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 2 - COURT ORDERED SERVICES (§§ 37-4-40 — 37-4-44) › Section 37-4-43 - [Repealed] Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel

Repealed by 2011 Ga. Laws 84,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT (§§ 37-4-20 — 37-4-44) › Part 2 - COURT ORDERED SERVICES (§§ 37-4-40 — 37-4-44) › Section 37-4-44 - Periodic review of individualized program plan; discharge or transfer to another facility upon change in client's needs; notice of discharge or transfer

(a)
Each individualized program plan shall be reviewed at regular intervals to determine the client's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the client's present level of performance. These reviews should be based upon relevant progress notes in the client's clinical record and upon other related information, and a reasonable effort shall be made to obtain and utilize input from the client and his representatives.
(b)
Any time a client is found by the person in charge of the client's habilitation no longer to be in need of services from the department, the client shall be discharged.
(c)
At least 14 days before discharge of the client or transfer of the client pursuant to a modification of his program plan, notice of such action shall be given to the client, his representatives, and, if the client's program plan was ordered by a court, to the court which entered such order.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 3 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-60 — 37-4-64) › Section 37-4-60 - Designation of facility to which client to be admitted; transfers of clients between private and state owned facilities; transfers of clients generally

(a)
The department may designate the state owned or state operated facility to which a client is admitted under this chapter. The department may instead designate a private facility, approved under Code Section
37-4-8
, to which the client is to be admitted, if the department has obtained the prior agreement of the private facility and of the client or his representative.
(b)
A client who is receiving habilitation at a state owned or state operated facility under this chapter may apply for a transfer at his own expense to a private facility approved under Code Section
37-4-8
, if he is able to pay for habilitation at such private facility. If the private facility agrees to accept the client, the department shall transfer the client to that facility.
(c)
If a private facility requests the department to take custody of a client who has been receiving habilitation therein under this chapter and if the client meets the criteria for admission under this chapter, then the department shall accept the client and designate the state owned or state operated facility to which the client shall be admitted.
(d)
When the needs of the client or efficient utilization of any facility requires, a client may be transferred from one facility to another, and notice of and the reasons for such transfer shall be provided pursuant to subsection (c) of Code Section
37-4-44
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 3 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-60 — 37-4-64) › Section 37-4-61 - Transportation of clients generally

(a)
The governing authority of the county where the client is found or located shall arrange for initial emergency transport of a client to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the client's residence shall arrange for all required transportation for developmental disability services subsequent to the initial transport. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the community developmental disability program, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time such community developmental disability program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, when a client is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the client and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the client's residence, the court, or the community developmental disability program. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the client's residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the client under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the client shall comply with the requirements of Code Section
37-4-124
. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the client and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility.
Amended by 2009 Ga. Laws 102,§ 3-6, eff. 7/1/2009.
Amended by 2002 Ga. Laws 894, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 3 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-60 — 37-4-64) › Section 37-4-63 - Procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities

Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which a person is hospitalized, the person shall be eligible to be admitted to a facility in the State of Georgia if found by the department to be a legal resident of Georgia. The department shall designate a facility to which such person is to be transported at no expense to the State of Georgia. The regional state hospital administrator of such facility and the next of kin or guardian of the person shall be notified of this action. The regional state hospital administrator shall be authorized to accept the person for a period not to exceed five days, unless prior to the expiration of such period proceedings have been initiated under Code Section
37-4-42
for an order to receive services from the department. After a thorough physical and mental examination has been made by the medical staff of such facility, the regional state hospital administrator of the facility or his designee is authorized to initiate a petition under this chapter, if this is necessary. Such application shall be forwarded to the court of the county in which that facility is located for action pursuant to this chapter in relation thereto.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 3 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-60 — 37-4-64) › Section 37-4-64 - Procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident

If a client who is a resident in a facility is discovered not to be a resident of Georgia, the regional state hospital administrator of the facility in which the client is a resident shall seek his transfer to the custody of authorities of the state of his residence or to a publicly owned or publicly operated facility in that state. This Code section shall not apply to persons who are in residence at any facility operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 4 - PAYMENT OF EXPENSES OF CARE AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-80 — 37-4-82) › Section 37-4-80 - Effect of inability to pay on right to habilitation services

It is the policy of this state that no person shall be denied habilitation services for a developmental disability nor shall services be delayed at a facility of the state or a political subdivision of the state because of inability to pay for such habilitation services.
Amended by 2009 Ga. Laws 102,§ 3-7, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 4 - PAYMENT OF EXPENSES OF CARE AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY (§§ 37-4-80 — 37-4-82) › Section 37-4-81 - Liability for expenses for transporting, examining, and caring for clients

(a)
The responsibility for paying the expenses for transporting, examining, and caring for clients, which expenses are not provided for under Chapter 9 of this title, relating to the payment of costs of care of persons admitted to state institutions under the department, shall be in the following order:
(1)
The client or his estate;
(2)
Persons legally obligated or legally responsible for the support of the client;
(3)
The county of the client's legal residence;
(4)
The department, when the General Assembly appropriates funds for such purpose.
(b)
The department is authorized to issue rules and regulations governing the provisions of this Code section as it relates to the department.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-100 - Retention of rights and privileges by clients generally; right to due process

Clients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a developmental disability shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.
Amended by 2009 Ga. Laws 102,§ 3-7, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-101 - Clients' right to legal counsel

It shall be the responsibility of the department to see that every client is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during habilitation in a facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-103 - Clients' rights in regard to personal effects; liability of facility's employees and staff members for loss of or damage to clients' personal effects

A client's rights to his personal effects shall be respected. The superintendent or regional state hospital administrator may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the client's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-104 - Clients' right to vote

Each client in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist clients:
(1)
To obtain voter registration forms, applications for absentee ballots, and absentee ballots;
(2)
To comply with other requirements which are prerequisite for voting; and
(3)
To vote by absentee ballot if necessary.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-105 - Employment of clients outside facilities

If a client wishes to be employed outside a facility and if such employment will aid in the client's habilitation, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of clients and shall promote the training of clients for gainful employment after discharge. All benefits of such employment shall accrue solely to the client.