---
title: Title 37, Chapter 3. Examination, Treatment, Etc., for Mental Illness
collection: code
id: code:chapter:37-3
canonical_url: https://georgiacommons.org/code/title/37/chapter/3
md_url: https://georgiacommons.org/code/37-3.md
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.md
previous: https://georgiacommons.org/code/37-2.md
next: https://georgiacommons.org/code/37-4.md
index: https://georgiacommons.org/code/index.md
heading: EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS
title_heading: MENTAL HEALTH
section_count: 82
full_url: https://georgiacommons.org/code/37-3.md?full=1
---

# Title 37, Chapter 3. Examination, Treatment, Etc., for Mental Illness

Title 37. Mental Health

82 sections. Each line is `citation, catchline, status, URL`; the text of every section, in order, is at https://georgiacommons.org/code/37-3.md?full=1 (capped, with a pointer to continue).

- 37-3-1, Definitions, active, https://georgiacommons.org/code/37-3-1.md
- 37-3-2, Authority of board to issue regulations; powers of department generally, active, https://georgiacommons.org/code/37-3-2.md
- 37-3-3, Validity of hospitalization orders entered before September 1, 1978; establishment of regulations as to orders authorizing continued hospitalization of patients hospitalized before September 1, 1978, active, https://georgiacommons.org/code/37-3-3.md
- 37-3-4, Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter; immunity not applicable to failure to meet standard of care in provision of treatment, active, https://georgiacommons.org/code/37-3-4.md
- 37-3-5, Apprehension by peace officer of patient who leaves facility without permission, active, https://georgiacommons.org/code/37-3-5.md
- 37-3-6, Approval of private facilities as emergency receiving, evaluating, or treatment facility; powers and duties of private facilities; right to deny admission, active, https://georgiacommons.org/code/37-3-6.md
- 37-3-7, Abandoning or leaving patients on grounds of psychiatric hospital, active, https://georgiacommons.org/code/37-3-7.md
- 37-3-8, Loitering or trespassing on grounds of psychiatric hospital, active, https://georgiacommons.org/code/37-3-8.md
- 37-3-20, Admission of voluntary patients; consent of parent or guardian to treatment; giving notice of rights to patient at time of admission, active, https://georgiacommons.org/code/37-3-20.md
- 37-3-21, Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge, active, https://georgiacommons.org/code/37-3-21.md
- 37-3-22, Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge, active, https://georgiacommons.org/code/37-3-22.md
- 37-3-23, Giving voluntary patients periodic notice of rights, active, https://georgiacommons.org/code/37-3-23.md
- 37-3-24, Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense, active, https://georgiacommons.org/code/37-3-24.md
- 37-3-40, Designation by department of emergency receiving facilities; reporting; penalty for noncompliance, active, https://georgiacommons.org/code/37-3-40.md
- 37-3-41, Emergency admission based on physician’s certification or court order; report by apprehending officer; entry of treatment order into patient’s clinical record; authority of other personnel to act under statute; annual reporting, active, https://georgiacommons.org/code/37-3-41.md
- 37-3-42, Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record, active, https://georgiacommons.org/code/37-3-42.md
- 37-3-43, Procedure upon admission; notice of proposed discharge, active, https://georgiacommons.org/code/37-3-43.md
- 37-3-44, Giving person and representatives notice of their rights upon admission to emergency receiving facility, active, https://georgiacommons.org/code/37-3-44.md
- 37-3-60, Designation of evaluating facilities, active, https://georgiacommons.org/code/37-3-60.md
- 37-3-61, Initiation of proceedings for court ordered evaluation, active, https://georgiacommons.org/code/37-3-61.md
- 37-3-62, Hearing on petition for court ordered evaluation; recipients of hearing notice; appointment of representatives; contents of notice; patient’s right to counsel; waiver of hearing; procedure upon issuance of order for evaluation, active, https://georgiacommons.org/code/37-3-62.md
- 37-3-63, Admission of persons to evaluating facilities for evaluation and emergency treatment, active, https://georgiacommons.org/code/37-3-63.md
- 37-3-64, Length of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; recipients of notice of discharge from facility, active, https://georgiacommons.org/code/37-3-64.md
- 37-3-65, Request for transfer to another evaluating facility; recipients of notice of transfer, active, https://georgiacommons.org/code/37-3-65.md
- 37-3-80, Designation of treatment facilities, active, https://georgiacommons.org/code/37-3-80.md
- 37-3-81, Procedure for detention of patient beyond evaluation period; final disposition, active, https://georgiacommons.org/code/37-3-81.md
- 37-3-81.1, Disposition of patient upon hearing, active, https://georgiacommons.org/code/37-3-81.1.md
- 37-3-82, Procedure upon failure of or noncompliance with involuntary outpatient treatment plan, active, https://georgiacommons.org/code/37-3-82.md
- 37-3-83, Procedure for continued involuntary hospitalization, active, https://georgiacommons.org/code/37-3-83.md
- 37-3-84, Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas, active, https://georgiacommons.org/code/37-3-84.md
- 37-3-85, Periodic review of individualized service plan; procedure upon end of need for involuntary treatment; designation of discharge decision maker; notice of discharge or transfer to voluntary status, active, https://georgiacommons.org/code/37-3-85.md
- 37-3-90, Physician’s or psychologist’s determination and certification as to necessity of involuntary care; treatment of patient as inpatient or outpatient; minors, active, https://georgiacommons.org/code/37-3-90.md
- 37-3-91, Discharge of persons meeting outpatient care criteria, active, https://georgiacommons.org/code/37-3-91.md
- 37-3-92, Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver, active, https://georgiacommons.org/code/37-3-92.md
- 37-3-93, Court order for outpatient treatment; physician’s or psychologist’s petition to extend order; review of petition; hearing on extension petition; patients under juvenile court jurisdiction, active, https://georgiacommons.org/code/37-3-93.md
- 37-3-94, Reviews of individual service plans; discharge of patients from treatment; notice of discharge, active, https://georgiacommons.org/code/37-3-94.md
- 37-3-95, Discharge of patients under criminal charges, active, https://georgiacommons.org/code/37-3-95.md
- 37-3-100, Placement and transfer of patients generally, active, https://georgiacommons.org/code/37-3-100.md
- 37-3-101, Transportation of patients generally, active, https://georgiacommons.org/code/37-3-101.md
- 37-3-102, Transfer of patients to custody of federal agencies for diagnosis, care, or treatment; retention of jurisdiction by Georgia courts; jurisdiction in federal hospitals and institutions located in Georgia, active, https://georgiacommons.org/code/37-3-102.md
- 37-3-103, Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals, active, https://georgiacommons.org/code/37-3-103.md
- 37-3-104, Procedure upon discovery that a patient hospitalized in Georgia is not a resident, active, https://georgiacommons.org/code/37-3-104.md
- 37-3-120, Effect of inability to pay on right to care and treatment, active, https://georgiacommons.org/code/37-3-120.md
- 37-3-121, Liability for certain expenses of transporting, examining, and caring for patients, active, https://georgiacommons.org/code/37-3-121.md
- 37-3-122, Payment of expenses incurred in connection with hearings held under this chapter, active, https://georgiacommons.org/code/37-3-122.md
- 37-3-140, Retention of rights and privileges by patients generally; right to due process, active, https://georgiacommons.org/code/37-3-140.md
- 37-3-141, Patients’ right to legal counsel, active, https://georgiacommons.org/code/37-3-141.md
- 37-3-142, Communication and visitation rights of patients; inspection, restriction, and censorship of patient correspondence; establishment of regulations governing visits and use of telephones, active, https://georgiacommons.org/code/37-3-142.md
- 37-3-143, Patients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to patients’ personal effects, active, https://georgiacommons.org/code/37-3-143.md
- 37-3-144, Patients’ right to vote, active, https://georgiacommons.org/code/37-3-144.md
- 37-3-145, Employment of patients outside facilities, active, https://georgiacommons.org/code/37-3-145.md
- 37-3-146, Education of children undergoing treatment in a facility, active, https://georgiacommons.org/code/37-3-146.md
- 37-3-147, Representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem, active, https://georgiacommons.org/code/37-3-147.md
- 37-3-148, Right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter, active, https://georgiacommons.org/code/37-3-148.md
- 37-3-149, Establishment of procedures for receiving patients’ and staff complaints; making of final decisions; establishment of rules and regulations implementing procedures; complaint procedures as alternative to legal remedies, active, https://georgiacommons.org/code/37-3-149.md
- 37-3-150, Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right to subsequent appeal; right to legal counsel on appeal, active, https://georgiacommons.org/code/37-3-150.md
- 37-3-160, Individual dignity of patients to be respected; treatment of the mentally ill as medical patients; use of criminal facilities and procedures, active, https://georgiacommons.org/code/37-3-160.md
- 37-3-161, Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs, active, https://georgiacommons.org/code/37-3-161.md
- 37-3-162, Patients’ care and treatment rights, active, https://georgiacommons.org/code/37-3-162.md
- 37-3-163, Recognition of patient’s physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; emergency surgery; immunity of hospital or physician; direction of notice of actions taken under Code section, active, https://georgiacommons.org/code/37-3-163.md
- 37-3-164, ‘‘Representative,’’ ‘‘substantial change’’ defined; consultation by patient’s representative with treatment facility; notification of treatment change; guardian’s consultation and notification rights, active, https://georgiacommons.org/code/37-3-164.md
- 37-3-165, Mistreatment, neglect, or abuse of patients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraint, active, https://georgiacommons.org/code/37-3-165.md
- 37-3-166, Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge, active, https://georgiacommons.org/code/37-3-166.md
- 37-3-167, Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter, active, https://georgiacommons.org/code/37-3-167.md
- 37-3-168, Right of patient’s attorney to interview physicians, psychologists, and staff attending patient; establishment of regulations as to release of information to patient’s attorney, active, https://georgiacommons.org/code/37-3-168.md
- 37-3-200, Short title, active, https://georgiacommons.org/code/37-3-200.md
- 37-3-201, Purpose, active, https://georgiacommons.org/code/37-3-201.md
- 37-3-202, Definitions, active, https://georgiacommons.org/code/37-3-202.md
- 37-3-203, Classification of residential programs, active, https://georgiacommons.org/code/37-3-203.md
- 37-3-204, Regulations establishing minimum standards, active, https://georgiacommons.org/code/37-3-204.md
- 37-3-205, Regulatory and licensing authority, active, https://georgiacommons.org/code/37-3-205.md
- 37-3-206, Licensing requirement; funding contingency, active, https://georgiacommons.org/code/37-3-206.md
- 37-3-207, Applications; proof of compliance, active, https://georgiacommons.org/code/37-3-207.md
- 37-3-208, Provisional licensing; terms, active, https://georgiacommons.org/code/37-3-208.md
- 37-3-208.1, One-time provisional license, active, https://georgiacommons.org/code/37-3-208.1.md
- 37-3-209, Proof of accreditation, active, https://georgiacommons.org/code/37-3-209.md
- 37-3-210, Nontransferable licensing, active, https://georgiacommons.org/code/37-3-210.md
- 37-3-211, Denial, suspension or revocation of license, active, https://georgiacommons.org/code/37-3-211.md
- 37-3-212, Confidentiality of records and names of mentally ill persons seeking treatment, active, https://georgiacommons.org/code/37-3-212.md
- 37-3-213, On-site inspections, active, https://georgiacommons.org/code/37-3-213.md
- 37-3-214, Role of disability services ombudsman, active, https://georgiacommons.org/code/37-3-214.md
- 37-3-215, Unlicensed residential mental health program; penalty, active, https://georgiacommons.org/code/37-3-215.md