Authority of Board to Issue Regulations; Powers of Department Generally

1. Law
2. Georgia Code
3. Mental Health
4. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
5. General Provisions
6. Authority of Board to Issue Regulations; Powers of Department Generally

1. The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of alcoholics, drug dependent individuals, or drug abusers, as set forth in Code Sections 37-7-100, 37-7-101, and 37-7-120, and Article 6 of this chapter.
2. 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 hospitalization procedures applied to all patients;
   5. To determine the care and treatment being given all patients;
   6. To develop criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females;
   7. To investigate complaints and make reports and recommendations relative thereto; and
   8. To make effective such procedures and orders as may be appropriate to carry out the provisions of this chapter.

      Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.

(a.1)The board shall issue regulations to implement the provisions of Code Section 40-5-63.1 relative to clinical evaluations and substance abuse treatment programs and shall prescribe such application fees for providers desiring authorization to provide clinical evaluations or substance abuse treatment programs as are reasonably necessary to cover the cost of considering such applications. Such regulations shall provide for approval of providers and such approval shall be valid continuously unless and until revoked in accordance with such regulations.

(Code 1933, § 88-406.1, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-407.1, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1990, p. 45, § 1; Ga. L. 1991, p. 977, § 3; Ga. L. 1997, p. 760, § 6.)

Editor's notes.

- Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teenage and Adult Driver Responsibility Act.'"

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).

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