SB269: SB269 Mental Illness; certain procedures and notifications for involuntary outpatient commitments; provide

Georgia law currently lets only physicians and psychologists determine and certify whether someone brought to a mental health facility needs involuntary treatment, and whether that treatment can happen on an outpatient basis. This bill adds a new category of provider, called a 'nurse examiner' (a psychiatric nurse practitioner or clinical nurse specialist licensed in Georgia and approved by the Department of Behavioral Health and Developmental Disabilities), who can make these same determinations and certifications. The bill amends several sections of Chapter 3 of Title 37 of the Official Code of Georgia Annotated to let nurse examiners discharge patients who qualify for outpatient care, prepare individualized service plans, notify patients in writing of appointment times and consequences for noncompliance, and petition courts for hearings. It also adds a new Code section (37-3-91.1) covering community mental health center patients examined outside a facility. The law would take effect as soon as the Governor signs it or it becomes law without signature.

• Creates a new legal category called 'nurse examiner' for licensed psychiatric nurse practitioners or clinical nurse specialists approved by the state health department to make mental illness determinations.
• Allows a nurse examiner, alongside physicians and psychologists, to certify that a patient at a facility is a mentally ill person requiring involuntary treatment.
• Allows a nurse examiner to discharge a patient who qualifies for outpatient rather than inpatient treatment, following the same timelines already used for physicians and psychologists.
• Adds a new Code section (37-3-91.1) letting community mental health center staff, including nurse examiners, evaluate people outside emergency facilities and start the outpatient commitment process for them.
• Requires referring facilities to give patients written notice of appointment details and the consequences of skipping outpatient treatment, and requires receiving facilities to give patients a copy of their treatment plan.
• Lets a nurse examiner update a patient's treatment plan, prepare supporting reports, and petition hearing examiners to extend a court-ordered outpatient treatment period.

The bill affects psychiatric nurse practitioners and clinical nurse specialists who could gain new certification authority, patients evaluated for involuntary mental health treatment in Georgia, community mental health centers, emergency receiving and evaluating facilities, and courts that hold civil commitment hearings under Title 37.

By adding nurse examiners as authorized decision makers, the bill could speed up evaluations and outpatient discharges in facilities that lack an available physician or psychologist, potentially shortening how long patients wait before starting outpatient treatment or getting a required hearing.

• Section 1 adds a definition of 'nurse examiner' to O.C.G.A. § 37-3-1, requiring state approval to conduct examinations, determinations, and certifications under specified Code sections.
• Section 3 revises O.C.G.A. § 37-3-90 to let a nurse examiner, along with a physician or psychologist, determine and certify whether a patient is a mentally ill person needing involuntary treatment and whether outpatient care is available.
• Section 4 rewrites O.C.G.A. § 37-3-91 to let nurse examiners discharge outpatient-eligible patients, prepare individualized service plans, and handle required written notifications, subject to a physician's concurrence.
• Section 5 adds new Code Section 37-3-91.1, creating a parallel process for community mental health center patients examined outside of a licensed facility, including referring and receiving facility duties and hearing petition deadlines.
• Section 6 updates O.C.G.A. § 37-3-92 to reference the new Code section 37-3-91.1 when calculating the 30-day deadline for a full and fair hearing.
• Section 7 revises O.C.G.A. § 37-3-93 to let a nurse examiner, not just a physician or psychologist, update a patient's plan, prepare a report, and petition to extend an outpatient treatment order.
• Section 8 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.

1. 2025-02-27Senate Read and Referred (Senate)
2. 2025-02-26Senate Hopper (Senate)

• Bo Hatchett (R, SD-050)Primary sponsor
• Ben Watson (R, SD-001)
• Kay Kirkpatrick (R, SD-032)

• mental health law
• involuntary commitment
• nurse practitioners
• outpatient treatment
• psychiatric care