---
title: O.C.G.A. § 37-7-44. Giving patient and his representatives notice of their rights upon patient’s admission to emergency receiving facility.
collection: code
id: 37-7-44
cite_as: O.C.G.A. § 37-7-44 (2025)
canonical_url: https://georgiacommons.org/code/37-7-44
md_url: https://georgiacommons.org/code/37-7-44.md
text_url: https://georgiacommons.org/code/37-7-44/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=296
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/37-7.md
previous: https://georgiacommons.org/code/37-7-43.md
next: https://georgiacommons.org/code/37-7-60.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 / 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. § 37-7-44. Giving patient and his representatives notice of their rights upon patient’s admission to emergency receiving facility.

(a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-7-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel.

(b) The notice informing the patient’s representatives of the patient’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 37-7-148.

## History

Code 1933, § 88-404.10, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-404.6, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1986, p. 1098, § 7.

## Cross References

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