As used in this title, the term:
(Ga. L. 1958, p. 697, § 1; Ga. L. 1960, p. 837, § 1; Code 1933, § 88-501, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1982, p. 3, § 37; Ga. L. 1991, p. 1059, § 6; Ga. L. 1993, p. 1445, § 5; Ga. L. 1994, p. 97, § 37; Ga. L. 2002, p. 1324, §§ 1-6, 2-1; Ga. L. 2006, p. 310, § 2/HB 1223; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2016, p. 257, § 7/SB 319.)
The 2016 amendment, effective April 26, 2016, substituted the present provisions of paragraph (17) for the former provisions, which read: "'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 43-39-1."
Code Commission notes.- Pursuant to Code Section 28-9-5, in 2009, a semicolon was deleted from the end of paragraph (2), a second subdivision (8)(D)(ii) was redesignated as subdivision (8)(D)(iii), and the definitions in paragraphs (12) and (13) were arranged in alphabetical order.
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1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga.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 L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.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. 2006, p. 310, § 10/HB 1223, not codified by the General Assembly, provides that: "Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act."
Ga. L. 2006, p. 310, § 11/HB 1223, not codified by the General Assembly, provides that those provisions of that Act which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective April 21, 2006.
Ga. L. 2016, p. 257, § 1/SB 319, not codified by the General Assembly, provides: "The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession."
Law reviews.- For article, "Courts: General Provisions," 28 Ga. St. U.L. Rev. 293 (2011). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 121 (1992).
JUDICIAL DECISIONS
Mental illness.
- Patient's personality disorders and schizo-affective disorder qualified as mental illness under O.C.G.A. § 37-1-1(12). Dupree v. Schwarzkophf, Ga. , S.E.2d (June 27, 2011).
Cited in Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
"Doctors of medicine", similar terms construed.
- Terms "doctors of medicine," "licensed doctors of medicine," "doctors of medicine licensed to practice in the state," and similar terms used in § 43-34-21 include persons who have graduated from a medical college and hold the degree of Doctor of Medicine and those who hold the degree of Doctor of Osteopathy; where those terms are used to describe the qualifications of physicians to be hired by the Department of Human Resources, the department may hire physicians who have either degree. 1974 Op. Att'y Gen. No. 74-50.
Department may employ degree holders in osteopathy and medicine.- Since the phrase "doctor of medicine who is licensed to practice in the state" refers to those persons who hold degrees as Doctors of Osteopathy as well as Doctors of Medicine, the department may employ persons holding either degree; however, while all practicing osteopaths are licensed by statute, thus qualifying all of them to practice in state hospitals or community service programs, not all hold "full practice" licenses. 1974 Op. Att'y Gen. No. 74-50.
RESEARCH REFERENCES
ALR.
- Adequacy of defense counsel's representation of criminal client - issues of incompetency, 70 A.L.R.5th 1.
Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109.