---
title: O.C.G.A. § 37-7-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.
collection: code
id: 37-7-42
cite_as: O.C.G.A. § 37-7-42 (2025)
canonical_url: https://georgiacommons.org/code/37-7-42
md_url: https://georgiacommons.org/code/37-7-42.md
text_url: https://georgiacommons.org/code/37-7-42/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-pdf.pdf?sfvrsn=6f93000f_0#page=109
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.
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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 / HOSPITALIZATION AND TREATMENT OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS / EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS / EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN’S CERTIFICATE OR COURT ORDER
---

# O.C.G.A. § 37-7-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.

(a)(1) A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-7-41, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient’s clinical record.

(2) A peace officer may take any person to an emergency receiving facility if: (i) the peace officer has probable cause to believe that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment; and (ii) the peace officer has consulted either in-person or via telephone or telehealth with a physician, as provided in Code Section 37-7-41, and the physician authorizes the peace officer to transport the individual for an evaluation. To authorize transport for evaluation, the physician shall determine, based on facts available regarding the person’s condition, including the report of the peace officer and the physician’s communications with the person or witnesses, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment. The peace officer shall execute a written report detailing the circumstances under which the person is detained; and this report shall be made a part of the patient’s clinical record.

(b) Any psychologist may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist acting under this Code section. For purposes of this subsection, the term “psychologist” means any person authorized under the laws of this state to practice as a licensed psychologist.

## History

Code 1933, § 88-404.3, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1981, p. 996, § 2; Ga. L. 1987, p. 3, § 37; Ga. L. 2022, p. 26, § 3-6/HB 1013.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2022, “is” was inserted in the last sentence of paragraph (a)(2).

## Law Reviews

For article, “HB 1013: Georgia Mental Health Parity Act,” see 39 Ga. St. U.L. Rev. 145 (2022).

## Amendments

The 2022 amendment, effective July 1, 2022, designated the existing provisions of subsection (a) as paragraph (a)(1), and added paragraph (a)(2).