TITLE 37 MENTAL HEALTH

Section 4. Habilitation of the Developmentally Disabled Generally, 37-4-1 through 37-4-127.

ARTICLE 1 GENERAL PROVISIONS

37-4-3. 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 developmentally disabled persons.
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 procedures applied to all clients;
   5. To determine the care, treatment, education, habilitation, or other specialized services being given all clients;
   6. To investigate complaints and make reports and recommendations relative to the same; and
   7. To make effective such procedures and orders as may be appropriate to carry out this chapter.

      Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of care, treatment, education, habilitation, or other specialized services of clients and the investigation of complaints shall not apply to clients who are being cared for in a facility operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.

(Code 1933, § 88-2511, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-2509.1, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1990, p. 45, § 1; Ga. L. 2009, p. 453, § 3-5/HB 228.)