O.C.G.A.
O.C.G.A.

O.C.G.A. § 26-5-21 (2019)

[Reserved] State Commission on Narcotic Treatment Programs; abolishment

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

History

Code 1981, § 26-5-21, enacted by Ga. L. 2016, p. 157, § 2/SB 402; Ga. L. 2017, p. 307, § 2/SB 88; Ga. L. 2022, p. 352, § 26/HB 1428.

Annotations

Effective date. - This Code section became effective June 1, 2016.

The 2017 amendment, effective May 4, 2017, substituted "article" for "chapter" near the middle of the first sentence of subsection (e).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2016, "June 1, 2016" was substituted for "the effective date of this Code section" in subsections (e) through (g).

Editor's notes. - Ga. L. 2016, p. 157, § 1/SB 402, not codified by the General Assembly, provides that: "With respect to the licensure of narcotic treatment programs in this state, the General Assembly finds that:

"(1) There is a vital need for narcotic treatment programs that provide adequate medical, counseling, vocational, educational, mental health assessment, and social services to patients enrolled in the narcotic treatment program with the goal of the individual achieving recovery;

"(2) There is a growing concern as to the numbers and concentration of narcotic treatment programs located in certain parts of this state and that concentration of such narcotic treatment programs is in cities along Georgia's borders with neighboring states;

"(3) There are reported and documented increases in heroin addiction and overdoses throughout this state;

"(4) There is a grave concern over the public's well-being concerning the potential abuses of methadone and its relationship to geographic proximity, the population being served, and whether patients are receiving adequate treatment;

"(5) Georgia is eighth in population but third nationally in the number of narcotic treatment programs; and

"(6) There is a need to study the narcotic treatment program licensure requirements and enforcement and other issues that may arise out of this study."

JUDICIAL DECISIONS

Proposed clinic lacked standing to challenge restrictions. - LLC that had made preliminary plans to operate a methadone clinic lacked standing to challenge O.C.G.A. §§ 26-5-21 and 26-5-46, laws restricting licensure of narcotic treatment facilities, in part because the restrictions had expired and in part because the LLC had no concrete plan in place for bringing the LLC's proposed clinic into operation; the LLC's claims of lost profits and additional expenses were speculative. Aaron Private Clinic Mgmt. LLC v. Berry, 912 F.3d 1330 (11th Cir. 2019).

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Aaron Private Clinic Mgmt. LLC v. Comm'r of the Georgia Dep't of Cmty. Health, 912 F.3d 1330 (11th Cir. 2019).
Sort: Relevance Newest Treatment
Aaron Private Clinic Mgmt. LLC v. Comm'r of the Georgia Dep't of Cmty. Health, 912 F.3d 1330 (11th Cir. 2019). “First, Aaron challenges a 2016 statute, which it calls the "Licensing Moratorium," that enacted "[a] temporary moratorium on the acceptance of new applications for licensure of narcotic treatment programs," O.C.G.A. § 26-5-21(e). The Licensing Moratorium prohibited new…”
26-5-21(e): 1 case
Aaron Private Clinic Mgmt. LLC v. Comm'r of the Georgia Dep't of Cmty. Health, 912 F.3d 1330 (11th Cir. 2019). “First, Aaron challenges a 2016 statute, which it calls the "Licensing Moratorium," that enacted "[a] temporary moratorium on the acceptance of new applications for licensure of narcotic treatment programs," O.C.G.A. § 26-5-21(e). The Licensing Moratorium prohibited new…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.