Institutional Powers and Duties

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Governing and Regulation of Mental Health
  5. Powers and Duties of the Department of Behavioral Health and Developmental Disabilities
  6. Institutional Powers and Duties

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  1. 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 for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
    1. To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries, other than the commissioner's salary, as provided for by the pay plan covering positions in accordance with rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require;
    2. To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program;
    3. To bring suit in its name for any claims which any such facility or institution may have, however arising;
    4. To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated; and
    5. To have full authority to receive and treat patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section.
  2. The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law.

(Code 1933, § 88-115, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2002, p. 1324, § 1-6; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2010, p. 286, § 2/SB 244; Ga. L. 2012, p. 446, § 2-57/HB 642.)

The 2010 amendment, effective July 1, 2010, deleted ". If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program" following "situated" at the end of paragraph (a)(4).

The 2012 amendment, effective July 1, 2012, in the first sentence of paragraph (a)(1), inserted ", other than the commissioner's salary,", deleted "under the State Personnel Administration and" following "covering positions", and deleted ", except that the commissioner shall not be subject to the State Personnel Administration or the rules and regulations of the State Personnel Board" following "State Personnel Board" at the end.

Cross references.

- Tuberculosis hospitals, T. 31, C. 14.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Cited in Hicks v. Shea, 149 Ga. App. 396, 254 S.E.2d 511 (1979); Fields v. Pittman, 571 F. Supp. 32 (N.D. Ga. 1983).

OPINIONS OF THE ATTORNEY GENERAL

It is the express intent of the General Assembly to always provide the highest degree of medical, scientific, and other diagnosis, treatment, custody, and care as is consistent with medical practice. 1965-66 Op. Att'y Gen. No. 65-74.

Authority to classify and operate certain institutions.

- Department of Human Resources has authority to classify units of Gracewood State School and Hospital and Central State Hospital as skilled nursing home and general hospital and has ample authority to operate these institutions. 1969 Op. Att'y Gen. No. 69-243.

Regulation of abortion procedures by board within constitutional limitations.

- Under its purposely broad statutory authority to safeguard the public health as well as under its statutory authority in specific areas of the public health field, the Board of Human Resources may regulate, for public health purposes, the performance of abortion procedures, limited, however, by the constitutional doctrines enunciated by the Supreme Court of the United States. 1973 Op. Att'y Gen. No. 73-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Health, § 20.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 4, 6.


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