---
title: SB 269. Mental Illness; certain procedures and notifications for involuntary outpatient commitments; provide
collection: bills
id: 2025-2026/sb269
cite_as: SB 269, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb269
md_url: https://georgiacommons.org/bills/2025-2026/sb269.md
text_url: https://georgiacommons.org/bills/2025-2026/sb269/text
source_url: https://www.legis.ga.gov/legislation/70839
date: 2025-02-27
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb269.md?full=1
bill_number: SB 269
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-26
last_action: Senate Read and Referred
sponsors:
- Bo Hatchett
- Ben Watson
- Kay Kirkpatrick
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB269/2025
upstream_id: 1986053
summaries_model: claude-sonnet-5
topic_tags:
- mental health law
- involuntary commitment
- nurse practitioners
- outpatient treatment
- psychiatric care
---
# SB 269. Mental Illness; certain procedures and notifications for involuntary outpatient commitments; provide
## Text
Senate Bill 269
By: Senators Hatchett of the 50th, Watson of the 1st and Kirkpatrick of the 32nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to
examination, treatment, etc., for mental illness, so as to provide certain procedures and
notifications for involuntary outpatient commitments; to provide for a definition; to provide
for a nurse examiner to determine and certify that a patient admitted to or examined at a
facility is a mentally ill person requiring involuntary treatment; to provide for a nurse
examiner to discharge a patient meeting outpatient care criteria; to provide for written
notification of certain information; to provide for obligations of referring facilities and
receiving facilities; to provide for a nurse examiner to update a patient's individualized
service plan, prepare a report, and petition the hearing examiners; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination,
treatment, etc., for mental illness, is amended in Code Section 37-3-1, relating to definitions,
by adding a new paragraph to read as follows:
"(12.05) 'Nurse examiner' means a clinical nurse specialist in psychiatric/mental health
or nurse practitioner licensed or authorized to practice nursing in this state pursuant to
Chapter 26 of Title 43 and approved by the department to conduct certain examinations,
determinations, and certifications under Code Sections 37-3-90, 37-3-91, and 37-3-91.1."
SECTION 2.
Said chapter is further amended in Code Section 37-3-81.1, relating to disposition of patient
upon hearing, by revising paragraph (2) of subsection (a) as follows:
"(2) That the patient is an outpatient, the court shall further determine, based upon either
the individualized service plan required to be prepared under subsection (c) of Code
Section 37-3-64, or subsection (b) of Code Section 37-3-91, or subsection (b) of Code
Section 37-3-91.1 or the individualized service plan proposed by the physician or
psychologist chosen by the patient, whether there is available outpatient treatment for the
patient which meets the requirements of the plan chosen by the court and whether the
patient will likely obtain that such treatment so as to minimize the likelihood of the
patient's becoming an inpatient. If the court determines that there is such available
outpatient treatment which the patient will likely obtain so as to minimize the likelihood
of the patient's becoming an inpatient, then the court shall order the patient to obtain that
such treatment and shall discharge the patient subject to such order;"
SECTION 3.
Said chapter is further amended in Code Section 37-3-90, relating to physician's or
psychologist's determination and certification as to necessity of involuntary care, treatment
of patient as inpatient or outpatient, and minors, by revising subsections (a) and (b) as
follows:
"(a) When a physician, or psychologist at a, or nurse examiner at an emergency receiving
facility, evaluating facility, or treatment facility or on behalf of a such facility determines
and certifies under this article that there is reason to believe a patient admitted to or
examined at the facility is a mentally ill person requiring involuntary treatment, that such
physician, or psychologist, or nurse examiner shall further determine and certify whether
there is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether there is available outpatient treatment.
(b) Unless otherwise specifically provided, the determination and certification as to
paragraphs (1) and (2) of pursuant to subsection (a) of this Code section shall be made
within the time period required for determining whether a patient is a mentally ill person
requiring involuntary treatment, except that if such determination is made by a physician
or psychologist at or on behalf of a community mental health center, the determination and
certification shall be made within four hours after the patient is examined by the physician
or psychologist."
SECTION 4.
Said chapter is further amended by revising Code Section 37-3-91, relating to discharge of
persons meeting outpatient care criteria, as follows:
"37-3-91.
(a) A person who is in the physical custody of a community mental health center,
emergency receiving facility, or evaluating facility and who is determined by a physician,
or a psychologist, or nurse examiner at or on behalf of that such facility, to meet all of the
outpatient treatment requirements of paragraphs (1) and (2) of provided in subsection (c)
of Code Section 37-3-90 shall be discharged from that such facility as provided in this
Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92.
That discharge from a community mental health center shall occur within four hours after
the patient is examined by a physician or a psychologist at or on behalf of that center. That
Such discharge from an emergency receiving facility shall occur within 48 hours after the
patient's admission thereto. That to such facility. Such discharge from an evaluating
facility shall occur no later than the expiration of the five-day evaluation period established
under Code Section 37-3-64.
(b) Prior to a psychologist's or nurse examiner's discharging the patient under
subsection (a) of this Code section, the treating such psychologist or nurse examiner shall
obtain the concurrence of a physician. In addition, within the time period the facility is
authorized to retain the patient, the facility at which or on behalf of which the patient was
examined, which facility shall be the 'referring facility' for purposes of this part, shall
prepare an individualized service plan for the patient. Such This plan shall be prepared in
consultation with the facility at which available outpatient treatment is to be provided the
patient, which facility shall be the 'receiving facility' for purposes of this part. The
referring facility shall also make arrangements with the receiving facility to provide interim
outpatient treatment, in accordance with the individualized service plan, to the patient
pending the full and fair hearing or waiver thereof. Nothing in this Code section shall
prevent a referring facility for a patient from also being the receiving facility for that such
patient.
(c) Prior to discharge, the referring facility shall provide to the patient written notification
of:
(1) The time, date, place, and address for an appointment with the receiving facility;
(2) The consequences if the patient does not obtain the treatment or attend the
appointment with the receiving facility; and
(3) That a full and fair hearing under Code Section 37-3-92 shall be provided at a future
time and date unless waived.
(d) At any appointment during the interim outpatient treatment, the receiving facility shall
provide to the patient:
(1) A written copy of the individualized service plan for such patient; and
(2) Written notification of the consequences if the patient does not follow the
individualized service plan.
(c) A patient for whom interim outpatient treatment is arranged pursuant to subsection (b)
of this Code section shall obtain that treatment or be subject to the provisions of Code
Section 37-3-82. Written notice of the time, date, place, and address for that interim
outpatient treatment shall be provided the patient prior to the patient's discharge, along with
written notification that if the patient does not comply with the interim outpatient treatment
or attend or waive a hearing, the time and date of which hearing will later be provided the
patient, the patient may be involuntarily admitted for examination, treatment, or both.
(e) Notice of the discharge shall be provided to persons other than the patient in the same
manner and under the same conditions as required by subsection (c) of Code
Section 37-3-43 and subsection (d) of Code Section 37-3-64, and that. Such notice shall
also include a notice regarding the interim outpatient treatment and the consequences if the
patient does not obtain the treatment or attend or waive the hearing.
(d)(f) Within three days after a referring facility has discharged a patient pursuant to
subsection (a) of this Code section, that such facility shall transmit to the receiving facility
a copy of the referring facility's examination report, individualized service plan, and such
other necessary clinical information the referring facility may have regarding the patient.
Within five days after receiving such report, plan, and information, the receiving facility
shall petition the court of the county in which the patient is located for a full and fair
hearing pursuant to Code Section 37-3-92 and shall include with the petition a copy of the
examination report, the individualized service plan, and the address to which the patient
was discharged by the referring facility.
(e)(g) Notwithstanding the provisions of subsection (a) of this Code section, a patient
detained in a treatment facility pursuant to a certificate and petition under Code
Section 37-3-81, whether or not that such patient is subsequently determined by that such
facility during the time of such detention to meet all of the outpatient treatment
requirements of paragraphs (1) and (2) of provided in subsection (c) of Code Section
37-3-90, may not be discharged from that such facility until a full and fair hearing is held
pursuant to Code Section 37-3-81.1, which hearing may not be waived by any patient so
determined to meet all of such outpatient treatment requirements."
SECTION 5.
Said chapter is further amended by adding a new Code section to read as follows:
"37-3-91.1.
(a) When a physician, psychologist, or nurse examiner on behalf of a community mental
health center determines and certifies under this article that there is reason to believe a
patient examined outside of an emergency receiving facility, evaluating facility, or
treatment facility is a mentally ill person requiring involuntary treatment, such physician,
psychologist, or nurse examiner shall further determine and certify whether there is reason
to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether there is available outpatient treatment.
(b) Within three days of the determination and certification that a patient is an outpatient
pursuant to subsection (a) of this Code section, the community mental health center at
which or on behalf of which the person was examined, which shall be the 'referring facility'
for purposes of this part, shall prepare an individualized service plan for such patient. This
plan shall be prepared in consultation with the facility at which available outpatient
treatment is to be provided the patient, which facility shall be the 'receiving facility' for
purposes of this part. The referring facility shall also make arrangements with the receiving
facility to provide interim outpatient treatment, in accordance with the individualized
service plan, to such patient pending the full and fair hearing or waiver thereof. Nothing
in this Code section shall prevent a referring facility for a patient from also being the
receiving facility for such patient.
(c) The referring facility shall provide to the patient written notification of:
(1) The time, date, place, and address for an appointment with the receiving facility;
(2) The consequences if the patient does not obtain the treatment or attend the
appointment with the receiving facility; and
(3) That a full and fair hearing under Code Section 37-3-92 shall be provided at a future
time and date unless waived.
(d) At any appointment during the interim outpatient treatment, the receiving facility shall
provide to the patient:
(1) A written copy of the individualized service plan for the patient; and
(2) Written notification of the consequences if the patient does not follow the
individualized service plan.
(e) Within three days of the determination and certification that a patient is an outpatient
pursuant to subsection (a) of this Code section, the referring facility shall transmit to the
receiving facility a copy of the referring facility's examination report, the individualized
service plan, and such other necessary clinical information the referring facility has
regarding such patient. Within five days of receiving such report, plan, and information,
the receiving facility shall petition the court of the county in which the patient is located
for a full and fair hearing pursuant to Code Section 37-3-92 and shall include with such
petition a copy of the examination report, the individualized service plan, and the last
known address for the patient.
(f) A determination and certification made pursuant to subsection (a) of this Code section
shall not authorize a facility to detain such patient. Nothing in this Code section shall
prevent a certification by a physician under Code Section 37-3-41."
SECTION 6.
Said chapter is further amended in Code Section 37-3-92, relating to hearing, notice, waiver
of hearing, apprehension and detention of patient failing to appear, and treatment upon
waiver, by revising subsection (a) as follows:
"(a) Except when a hearing is waived as provided in this subsection, within 30 days after
the filing of the petition under subsection (d) (f) of Code Section 37-3-91 or subsection (e)
of Code Section 37-3-91.1, the court shall hold a full and fair hearing. At least ten days
prior to that such hearing, the court shall have served on the patient and the such patient's
representatives the same notices and information required by paragraphs (1) through (4)
of subsection (a) of Code Section 37-3-81, as well as a notice that the patient may waive
in writing the hearing but if the patient does not either attend or waive the hearing the court
may order the patient to be taken into custody, hospitalized, evaluated, and treated. The
patient and such patient's representatives shall have the rights specified in those notices.
Hearings held pursuant to this subsection shall be held as provided in Code
Section 37-3-81.1, and the court holding the hearing may issue any order authorized by and
subject to the limitations of that Code Section 37-3-81.1 such Code section."
SECTION 7.
Said chapter is further amended in Code Section 37-3-93, relating to court order for
outpatient treatment, physician's or psychologist's petition to extend order, review of petition,
hearing on extension petition, and patients under juvenile court jurisdiction, by revising
subsection (b) as follows:
"(b) If it is necessary to continue available outpatient treatment beyond the period
authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the
expiration of that period the physician, or psychologist, or nurse examiner responsible for
that such treatment or the person responsible for the patient's treatment under the direction
and with approval of the physician or psychologist such physician, psychologist, or nurse
examiner shall:
(1) Update the patient's individualized service plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for
available outpatient treatment under paragraphs (1) and (2) of provided in subsection (c)
of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code
Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment
beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the such patient's
representatives may file a request for a hearing with a hearing examiner appointed to hold
hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that
the patient has a right to counsel at the hearing, that the patient or the such patient's
representatives may apply immediately to the court to have counsel appointed if the patient
cannot afford counsel, and that the court will appoint counsel for the patient unless the
patient indicates in writing that the patient he or she does not desire to be represented by
counsel or has made the patient's his or her own arrangements for counsel."
SECTION 8.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would let specially trained psychiatric nurse practitioners, not just physicians and psychologists, certify that a patient needs involuntary mental health treatment and manage outpatient commitment paperwork under state law.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-02-26)
- Last action: Senate Read and Referred (2025-02-27)
- Sponsors: Bo Hatchett, Ben Watson, Kay Kirkpatrick
- Official page: https://www.legis.ga.gov/legislation/70839
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb269.md?full=1