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2018 Georgia Code 37-1-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-1-1 Case Law from Google Scholar Amendments to OCGA 37-1-1

TITLE 37 MENTAL HEALTH

Section 1. Governing and Regulation of Mental Health, 37-1-1 through 37-1-100.

ARTICLE 1 GENERAL PROVISIONS

37-1-1. Definitions.

As used in this title, the term:

  1. "Addictive disease" means a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her.
  2. "Board" means the Board of Behavioral Health and Developmental Disabilities.
  3. "Commissioner" means the commissioner of behavioral health and developmental disabilities.
  4. "Community service board" means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6.
  5. "Consumer" means a natural person who has been or is a recipient of disability services.
  6. "County board of health" means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents.
  7. "Department" means the Department of Behavioral Health and Developmental Disabilities and includes its duly authorized agents and designees.
  8. "Developmental disability" means a severe, chronic disability of an individual that:
    1. Is attributable to a significant intellectual disability, or any combination of a significant intellectual disability and physical impairments;
    2. Is manifested before the individual attains age 22;
    3. Is likely to continue indefinitely;
    4. Results in substantial functional limitations in three or more of the following areas of major life activities:
      1. Self-care;
      2. Receptive and expressive language;
      3. Learning;
      4. Mobility;
      5. Self-direction; and
      6. Capacity for independent living; and
    5. Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated.
  9. "Disability" means:
    1. Mental or emotional illness;
    2. Developmental disability; or
    3. Addictive disease.
  10. "Disability services" means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability.
  11. "Disabled" means any person or persons having a disability.
  12. "Mental illness" means a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
  13. "Mentally ill" means having a mental illness.
  14. "Peace officer" means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff.
  15. "Penal offense" means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution.
  16. "Physician" means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43.
  17. "Psychologist" means any person duly licensed to practice psychology in this state under Chapter 39 of Title 43.
  18. "Regional board" means a regional board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002.
  19. "Regional coordinator" means an employee of the department who acts as the department's agent and designee to manage community services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3.
  20. "Regional office" means an office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the department and serve as the entity for the administration of disability services in a region.
  21. "Regional planning board" means a planning board established in accordance with Code Section 37-2-4.1.
  22. "Regional services administrator" means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a region established in accordance with Code Section 37-2-3.
  23. "Regional state hospital administrator" means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3.
  24. "Resident" means a person who is a legal resident of the State of Georgia.
  25. "State mental health facility" means, for purposes of this title and Title 31, a hospital, inpatient unit, or other institution operated by or under contract with the department for its operation, including the replacement or reorganization of the facility.

(Ga. L. 1958, p. 697, § 1; Ga. L. 1960, p. 837, § 1; Code 1933, § 88-501, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1982, p. 3, § 37; Ga. L. 1991, p. 1059, § 6; Ga. L. 1993, p. 1445, § 5; Ga. L. 1994, p. 97, § 37; Ga. L. 2002, p. 1324, §§ 1-6, 2-1; Ga. L. 2006, p. 310, § 2/HB 1223; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2016, p. 257, § 7/SB 319.)

The 2016 amendment, effective April 26, 2016, substituted the present provisions of paragraph (17) for the former provisions, which read: "'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 43-39-1."

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, a semicolon was deleted from the end of paragraph (2), a second subdivision (8)(D)(ii) was redesignated as subdivision (8)(D)(iii), and the definitions in paragraphs (12) and (13) were arranged in alphabetical order.

Editor's notes.

- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "

Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.

Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.

Ga. L. 2006, p. 310, § 10/HB 1223, not codified by the General Assembly, provides that: "Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act."

Ga. L. 2006, p. 310, § 11/HB 1223, not codified by the General Assembly, provides that those provisions of that Act which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective April 21, 2006.

Ga. L. 2016, p. 257, § 1/SB 319, not codified by the General Assembly, provides: "The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession."

Law reviews.

- For article, "Courts: General Provisions," 28 Ga. St. U.L. Rev. 293 (2011). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 121 (1992).

JUDICIAL DECISIONS

Mental illness.

- Patient's personality disorders and schizo-affective disorder qualified as mental illness under O.C.G.A. § 37-1-1(12). Dupree v. Schwarzkophf, Ga. , S.E.2d (June 27, 2011).

Cited in Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980).

OPINIONS OF THE ATTORNEY GENERAL

"Doctors of medicine", similar terms construed.

- Terms "doctors of medicine," "licensed doctors of medicine," "doctors of medicine licensed to practice in the state," and similar terms used in § 43-34-21 include persons who have graduated from a medical college and hold the degree of Doctor of Medicine and those who hold the degree of Doctor of Osteopathy; where those terms are used to describe the qualifications of physicians to be hired by the Department of Human Resources, the department may hire physicians who have either degree. 1974 Op. Att'y Gen. No. 74-50.

Department may employ degree holders in osteopathy and medicine.

- Since the phrase "doctor of medicine who is licensed to practice in the state" refers to those persons who hold degrees as Doctors of Osteopathy as well as Doctors of Medicine, the department may employ persons holding either degree; however, while all practicing osteopaths are licensed by statute, thus qualifying all of them to practice in state hospitals or community service programs, not all hold "full practice" licenses. 1974 Op. Att'y Gen. No. 74-50.

RESEARCH REFERENCES

ALR.

- Adequacy of defense counsel's representation of criminal client - issues of incompetency, 70 A.L.R.5th 1.

Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109.

Cases Citing Georgia Code 37-1-1 From Courtlistener.com

Total Results: 2

Kesterson v. Jarrett

Court: Supreme Court of Georgia | Date Filed: 2012-06-18

Citation: 291 Ga. 380, 728 S.E.2d 557, 2012 Fulton County D. Rep. 1865, 2012 WL 3517302, 2012 Ga. LEXIS 567

Snippet: “‘[m]entally ill’ means having a mental illness,” OCGA § 37-1-1 (13), and “ ‘[mjental illness’ means a disorder

Hogan v. Nagel

Court: Supreme Court of Georgia | Date Filed: 2001-03-02

Citation: 543 S.E.2d 705, 273 Ga. 577

Snippet: non-criminal patients who are committed pursuant to OCGA § 37-1-1 et seq., the Georgia Mental Health Code, as well