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§ 26-5-1. Short Title

This article shall be known and may be cited as the “Drug Abuse Treatment and Education Act.” History. Ga. L. 1972, p. 714, § 1; Ga. L. 2017, p. 307, § 2/SB 88. The 2017 amendment, effective May 4, 2017, substituted “article” for “chapter” in this Code section.

§ 26-5-10. Issuance of License; Revocation or Suspension

The department may, upon submission of an application, with proof of accreditation by a voluntary accreditation agency approved by the department, issue a license based upon the findings of the accreditation agency. The license may be issued without an on-site visit by the department representative. Any denial, suspension, or revocation of the voluntary accreditation agency […]

§ 26-5-11. Conditions for Issuance of License; Nontransferability

The department shall issue a license to a governing body for any 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. History. Ga. L. 1972, p. 714, § 11; Ga. L. 1985, p. 476, § 10.

§ 26-5-12. Records of Drug Dependent Persons Treated or Advised

Subject to the limitations of Code Section 26-5-17, the department may require at reasonable intervals, and each licensee shall furnish copies of complete records of each drug dependent person treated or advised pursuant to a program. History. Ga. L. 1972, p. 714, § 14; Ga. L. 1985, p. 476, § 11; Ga. L. 1991, p. […]

§ 26-5-13. Inspection of Programs

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made. History. Ga. L. 1972, p. 714, […]

§ 26-5-14. Denial, Suspension, or Revocation of Licenses

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of such rules and regulations; provided, however, that before […]

§ 26-5-15. Notice of Proposed Denial, Suspension, or Revocation; Hearing

Notice of a proposed denial, suspension, or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the application is filed or the grounds are discovered. Within ten days from receipt of such notice, the licensee so affected may request a hearing before the […]

§ 26-5-16. Applicability of “Georgia Administrative Procedure act.”

The promulgation of rules and regulations, the conduct of administrative hearings, and judicial review of the department’s actions shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Ga. L. 1972, p. 714, § 13; Ga. L. 1985, p. 476, § 15.

§ 26-5-17. Confidentiality of Records, Names, and Communications

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person […]

§ 26-5-18. Injunctions; Nuisances per Se

The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to allege or prove the exhaustion of remedies at law […]

§ 26-5-19. Penalty

Any person who violates this article shall be guilty of a misdemeanor. History. Ga. L. 1972, p. 714, § 20; Ga. L. 2017, p. 307, § 2/SB 88. The 2017 amendment, effective May 4, 2017, substituted “article” for “chapter” in this Code section.

§ 26-5-2. Legislative Intent

The purpose of this article is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to ensure that every governing body which operates a drug abuse treatment and education program is licensed to do so; and to meet the rehabilitative needs of […]

§ 26-5-20. Priority Admissions Policy for Drug Dependent Pregnant Females

Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be contingent only upon the availability of space. History. Code 1981, § 26-5-20 […]

§ 26-5-22. Annual On-Site Inspections of Narcotic Treatment Programs

The authorized department shall conduct an annual on-site inspection of each narcotic treatment 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 narcotic treatment program so that the department may determine whether a provider […]

§ 26-5-23. Publication of Annual Report

The Department of Community Health and the Department of Behavioral Health and Developmental Disabilities shall publish an annual report using data from the department’s central registry data base on the number of patients in enrolled treatment, the number of patients discharged from treatment, each patient’s state of residence, and other information determined by the departments. […]

§ 26-5-3. Definitions

As used in this article, the term: “Department” means the Department of Community Health or its successor. “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in the following types of facilities: Residential care centers. […]

§ 26-5-4. Classification of Programs

The department is authorized to classify all programs within the state according to the character and range of services provided. History. Ga. L. 1972, p. 714, § 4; Ga. L. 1985, p. 476, § 3.

§ 26-5-6. Promulgation of Rules and Regulations

The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article. History. Ga. L. 1972, p. 714, § 12; Ga. L. 1985, p. 476, § 5; Ga. L. 2017, p. 307, § 2/SB 88. The 2017 amendment, effective May 4, 2017, substituted “article” for “chapter” […]

§ 26-5-7. License Required

No governing body shall operate a drug abuse treatment and education program without having a valid license or provisional license issued pursuant to this article. History. Ga. L. 1972, p. 714, § 6; Ga. L. 1985, p. 476, § 6; Ga. L. 2017, p. 307, § 2/SB 88. The 2017 amendment, effective May 4, 2017, […]