---
title: O.C.G.A. § 26-5-3. Definitions.
collection: code
id: 26-5-3
cite_as: O.C.G.A. § 26-5-3 (2025)
canonical_url: https://georgiacommons.org/code/26-5-3
md_url: https://georgiacommons.org/code/26-5-3.md
text_url: https://georgiacommons.org/code/26-5-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t25-t26-(v21)-pdf.pdf?sfvrsn=82f520c4_0#page=86
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/26-5.md
previous: https://georgiacommons.org/code/26-5-2.md
next: https://georgiacommons.org/code/26-5-4.md
index: https://georgiacommons.org/code/index.md
version: Effective January 1, 2026.
in_force: true
other_versions:
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    md_url: https://georgiacommons.org/code/26-5-3.md?version=until+January+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: FOOD, DRUGS, AND COSMETICS / DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS / GENERAL PROVISIONS
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---

# O.C.G.A. § 26-5-3. Definitions.

As used in this article, the term:

(1) “Department” means the Department of Behavioral Health and Developmental Disabilities or its successor.

(2) “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in the following types of facilities:

(A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who live on the premises; and

(B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who do not live on the premises.

(3) “Drug dependent person” means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted.

(4) “Drugs” means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivatives.

(5) “Governing body” means the community service board, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation.

(6) “License” means the official permit issued by the department which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein.

(7) “Licensee” means any person holding a license or provisional license issued by the department under this article.

(8) “Program” means the drug abuse treatment and education program.

## History

Ga. L. 1972, p. 714, § 3; Ga. L. 1982, p. 3, § 26; Ga. L. 1985, p. 476, § 2; Ga. L. 1991, p. 94, § 26; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2017, p. 307, § 2/SB 88; Ga. L. 2025, p. 177, § 1-1/HB 584, effective January 1, 2026.

## Amendments

The 2025 amendment, effective January 1, 2026, substituted “the Department of Behavioral Health and Developmental Disabilities” for “the Department of Community Health” in paragraph (1); in paragraph (3), added “or her” in two places; substituted “community service board” for “county board of health” in paragraph (5); substituted “department” for “director” in paragraph (6); and substituted “or provisional license issued by the department” for “issued by the director” in paragraph (7).

## Delayed Effective Date

Code Section 26-5-3 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.