HB 584: Health; reassign licensing and oversight of certain treatments and programs from Departments of Community Health to Behavioral Health and Developmental Disabilities

Georgia currently splits oversight of these programs between two agencies, with the Department of Community Health handling licensing for drug abuse treatment and education programs, narcotic treatment programs, community living arrangements for people with developmental disabilities, and adult residential mental health programs. This bill transfers that licensing and enforcement authority entirely to the Department of Behavioral Health and Developmental Disabilities. The bill rewrites definitions across Titles 26, 31, and 37 of Georgia law to reflect the new department, sets up a new fee schedule for licensing activities, and gives the department enforcement tools including fines up to $2,000 per day (capped at $40,000), license suspension or revocation, and emergency relocation of residents in danger. It creates a brand new chapter of law specifically governing community living arrangements, including disaster preparedness plans, on-site inspections, and mandatory reporting of suspected abuse or exploitation of residents by staff, therapists, coroners, clergy, and others. Licenses and rules already in effect under the Department of Community Health as of December 31, 2025 stay valid until changed by the new department. The law takes effect January 1, 2026.

• Transfers licensing and regulatory authority over drug abuse treatment programs, narcotic treatment programs, community living arrangements, and adult residential mental health programs from the Department of Community Health to the Department of Behavioral Health and Developmental Disabilities.
• Creates a new fee schedule that the Department of Behavioral Health and Developmental Disabilities must set for licensing these programs, capped at the cost of providing licensing services.
• Gives the department power to fine violators up to $2,000 per day per violation, up to a total of $40,000, and to suspend, revoke, or deny licenses after notice and a hearing.
• Establishes a brand new legal framework (a new Chapter 13 of Title 37) specifically for community living arrangements, including licensing rules, disaster preparedness plans, and on-site inspections.
• Requires certain professionals, including community living arrangement staff, therapists, coroners, and clergy, to report suspected abuse or exploitation of residents to the department and law enforcement.
• Preserves existing licenses and regulations issued by the Department of Community Health through December 31, 2025 until the new department changes them.

People receiving treatment in drug abuse or narcotic treatment programs, residents of community living arrangements for people with developmental disabilities, and patients in adult residential mental health programs. It also affects the programs and staff that operate these facilities, the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, and mandated reporters such as therapists, emergency responders, and clergy.

Georgians who rely on these treatment and residential programs, and the businesses and nonprofits that run them, would deal with a different state agency for licensing, inspections, and enforcement starting in 2026. New abuse reporting rules and enforcement tools mean residents in community living arrangements would have added legal protections and reporting channels not previously codified in one place.

• Part I revises O.C.G.A. Title 26 definitions so 'department' means the Department of Behavioral Health and Developmental Disabilities rather than Community Health for drug abuse treatment and narcotic treatment programs.
• Part II amends O.C.G.A. § 31-2-4 to strike the Department of Community Health's authority to license community living arrangements, transferring that function elsewhere.
• Part III adds a new Article 3 to Chapter 2 of Title 37 (O.C.G.A. §§ 37-2-70 through 37-2-73) giving the Department of Behavioral Health and Developmental Disabilities enforcement powers, including fines up to $2,000 per day (capped at $40,000), license denial or revocation, and emergency resident relocation.
• Part IV creates a new Chapter 13 of Title 37 specifically governing community living arrangements, covering licensing, disaster preparedness plans, on-site inspections, and mandatory abuse and exploitation reporting (O.C.G.A. §§ 37-13-1 through 37-13-27).
• Section 37-13-21 lists mandatory reporters of suspected resident abuse or exploitation, including administrators, therapists, coroners, emergency medical personnel, and clergy members, with a narrow exception for information from confession.
• Existing licenses and rules issued by the Department of Community Health before December 31, 2025 remain valid and enforceable until changed by the new department.
• Part V sets the effective date of the entire Act as January 1, 2026.

1. 2026-01-01Effective Date
2. 2025-05-01Act 44
3. 2025-05-01House Date Signed by Governor (House)
4. 2025-04-08House Sent to Governor (House)
5. 2025-03-28House Agreed Senate Amend or Sub (House)
6. 2025-03-20Senate Passed/Adopted By Substitute (Senate)
7. 2025-03-20Senate Third Read (Senate)
8. 2025-03-18Senate Read Second Time (Senate)

• Jesse Petrea (R, HD-166)Primary sponsor
• Katie Dempsey (R, HD-13)
• Darlene Taylor (R, HD-173)
• Ron Stephens (R, HD-164)
• John LaHood (R, HD-175)
• Brian Prince (D, HD-132)
• Bo Hatchett (R, SD-50)

1. PassedHouse voteMarch 4, 2025

   171 yea, 0 nay (3 not voting, 6 excused)

   PASSAGE: House Vote #189

2. PassedSenate voteMarch 20, 2025

   52 yea, 0 nay (0 not voting, 4 excused)

   PASSAGE BY SUBSTITUTE: Senate Vote #261

3. PassedHouse voteMarch 28, 2025

   163 yea, 0 nay (4 not voting, 13 excused)

   Agree to Senate Substitute: House Vote #338

• mental health licensing
• drug treatment programs
• developmental disabilities
• group homes
• elder and resident abuse reporting