---
title: O.C.G.A. § 37-3-44. Giving person and representatives notice of their rights upon admission to emergency receiving facility.
collection: code
id: 37-3-44
cite_as: O.C.G.A. § 37-3-44 (2025)
canonical_url: https://georgiacommons.org/code/37-3-44
md_url: https://georgiacommons.org/code/37-3-44.md
text_url: https://georgiacommons.org/code/37-3-44/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=160
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/37-3.md
previous: https://georgiacommons.org/code/37-3-43.md
next: https://georgiacommons.org/code/37-3-60.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MENTAL HEALTH / EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS / EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS / EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN’S CERTIFICATE, COURT ORDER, ETC.
---

# O.C.G.A. § 37-3-44. Giving person and representatives notice of their rights upon admission to emergency receiving facility.

(a) Immediately upon arrival of a person at an emergency receiving facility under Code Section 37-3-43 or as soon thereafter as reasonably possible given a person’s condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.

(b) The notice informing the person’s representatives of such person’s hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148.

## History

Code 1933, § 88-504.6, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 2; Ga. L. 2016, p. 313, § 1/SB 271.

## Cross References

Arrest of persons, T. 17, C. 4.