Ir al contenido
Georgia Commons

Código Oficial de Georgia Anotado

Título 37. MENTAL HEALTH · Capítulo 3. EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS · Artículo 7. ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING

37-3-215. Unlicensed residential mental health program; penalty.

Vigente2 versiones impresas

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

Effective January 1, 2026.Vigente hoy: Effective January 1, 2026.
  1. (a)

    On and after January 1, 2026, a program shall be deemed to be an “unlicensed adult residential mental health program” if it is unlicensed and not exempt from licensure under this article and:#

    1. (1)

      The program is providing services and is operating as an adult residential mental health program;#

    2. (2)

      The program is held out as or represented as providing services and operating as an adult residential mental health program; or#

    3. (3)

      The program represents itself as a licensed adult residential mental health program.#

  2. (b)

    Any unlicensed adult residential mental health program may be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” a civil penalty in the amount of $100.00 per bed per day for each day of violation. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department’s intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing.#

  3. (c)

    In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the program owner or operator continues to operate the unlicensed adult residential mental health program after receipt of notice pursuant to subsection (b) of this Code section.#

  4. (d)

    The program owner or operator of an unlicensed adult residential mental health program who is assessed a civil penalty in accordance with this Code section may appeal such civil penalty to the superior court in the county in which the action arose or to the Superior Court of Fulton County.#

  5. (e)

    Any person who owns or operates an adult residential mental health program in violation of this Code section shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.#

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

History

Code 1981, § 37-3-215, enacted by Ga. L. 2022, p. 587, § 1/HB 1069; Ga. L. 2024, p. 382, § 4/HB 1083, effective April 23, 2024; Ga. L. 2025, p. 177, § 3-7/HB 584, effective January 1, 2026.

Delayed effective date

Code Section 37-3-215 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.

Amendments

The 2024 amendment, effective April 23, 2024, substituted “July 1, 2025” for “January 1, 2024” near the beginning of subsection (a). The 2025 amendment, effective January 1, 2026, substituted “On and after January 1, 2026, a program shall” for “On and after July 1, 2025, a facility shall” at the beginning of subsection (a) and substituted “The program” for “The facility” at the beginning of paragraphs (a)(1), (a)(2), and (a)(3); in subsection (c), inserted “program” following “doubled if the” and deleted a comma following “mental health program”; and, in subsection (d), inserted “program” at the beginning and substituted “may appeal such civil penalty to the superior court” for “may have review of such civil penalty by appeal to the superior court”.

Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de t37-t39-(v28)-pdf.pdf, Volumen V28, edición 2021, suplemento de 2025, páginas 95 a 96; acción de fusión: added; SHA-256 del archivo 6e7899178423.

Effective until January 1, 2026.Ya no está vigente tal como está impresa (Effective until January 1, 2026.)
  1. (a)

    On and after July 1, 2025, a facility shall be deemed to be an “unlicensed adult residential mental health program” if it is unlicensed and not exempt from licensure under this article and:#

    1. (1)

      The facility is providing services and is operating as an adult residential mental health program;#

    2. (2)

      The facility is held out as or represented as providing services and operating as an adult residential mental health program; or#

    3. (3)

      The facility represents itself as a licensed adult residential mental health program.#

  2. (b)

    Any unlicensed adult residential mental health program may be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” a civil penalty in the amount of $100.00 per bed per day for each day of violation. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department’s intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing.#

  3. (c)

    In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the owner or operator continues to operate the unlicensed adult residential mental health program after receipt of notice pursuant to subsection (b) of this Code section.#

  4. (d)

    The owner or operator of an unlicensed adult residential mental health program who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.#

  5. (e)

    Any person who owns or operates an adult residential mental health program in violation of this Code section shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years.#

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

History

Code 1981, § 37-3-215, enacted by Ga. L. 2022, p. 587, § 1/HB 1069; Ga. L. 2024, p. 382, § 4/HB 1083, effective April 23, 2024.

Delayed effective date

Code Section 37-3-215 is set out twice in this Code. This version is effective until January 1, 2026. For version effective January 1, 2026, see the following version.

Amendments

The 2024 amendment, effective April 23, 2024, substituted “July 1, 2025” for “January 1, 2024” near the beginning of subsection (a).

Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de t37-t39-(v28)-pdf.pdf, Volumen V28, edición 2021, suplemento de 2025, páginas 94 a 95; acción de fusión: added; SHA-256 del archivo 6e7899178423.