§ 26-5-40. Short Title

This article shall be known and may be cited as the “Narcotic Treatment Programs Enforcement Act.” History. Code 1981, § 26-5-40 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-41. Definitions

As used in this article, the term: “Department” means the Department of Community Health or its successor. “Governing body” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who […]

§ 26-5-42. Minimum Standards of Quality and Services

The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations: Adequate and safe buildings or housing facilities where programs are offered; Adequate equipment for the delivery of programs; Sufficient trained or experienced staff […]

§ 26-5-43. 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. Code 1981, § 26-5-43 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-44. License Required

No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article. History. Code 1981, § 26-5-44 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-45. Application; Proof of Compliance

Application for a license to operate a narcotic treatment program shall be submitted by the governing body to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. Proof of compliance with all applicable federal and state laws for the […]

§ 26-5-46. Application Period; Required Letter of Intent

The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs. The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall be no less than 14 days prior to the start of the open enrollment period. It […]

§ 26-5-47. Application Review and Requirements; Nontransferability

The department shall, consistent with the requirements of this Code section, establish an application review process committee. The members of the committee shall include representation from department staff members and the Department of Behavioral Health and Developmental Disabilities. Application requirements shall include, but not be limited to: Data and details regarding treatment and counseling plans; […]

§ 26-5-48. Prerequisites to Licensing; Limits on Licenses; Waivers; Creation of Regions

Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following: Compliance with all state and federal law and regulations; Compliance with all applicable standards of practice; Program structure for successful service delivery; and Impact on the delivery of opioid treatment services of the […]

§ 26-5-49. Rewards and Financial Incentives Prohibited

Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program. Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that does not conform to the schedule of fees established by such program as required by the department’s rules and […]

§ 26-5-50. Compliance With Zoning Requirements

Narcotic treatment programs shall fully comply with local zoning requirements. History. Code 1981, § 26-5-50 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-51. Providing of Records

Subject to the limitations of Code Section 26-5-56, the department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the narcotic treatment program; provided, however, that patient identifying information shall be redacted from such records prior to submission to the department. History. Code […]

§ 26-5-52. Inspections

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. Code 1981, § 26-5-52 , […]

§ 26-5-53. Denial, Suspension, or Revocation of License

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department shall 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 […]

§ 26-5-54. Notice

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

§ 26-5-55. Administrative Procedure Act

The promulgation of reasonable and necessary 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. Code 1981, § 26-5-55 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-56. Confidentiality of Patient Information

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 chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person […]

§ 26-5-57. Enforcement of Article

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 […]

§ 26-5-58. Violations of Article

Any person who violates any provision of this article shall be guilty of a misdemeanor. History. Code 1981, § 26-5-58 , enacted by Ga. L. 2017, p. 307, § 1/SB 88.

§ 26-5-59. Priority Admissions Policy for 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, § 26-5-59 […]