Georgia Commons

Title 37. MENTAL HEALTH

Chapter 3. EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS

82 sections · 37-3-1 to 37-3-215

Article 1. GENERAL PROVISIONS

  1. 37-3-1Definitions.
  2. 37-3-2Authority of board to issue regulations; powers of department generally.
  3. 37-3-3Validity of hospitalization orders entered before September 1, 1978; establishment of regulations as to orders authorizing continued hospitalization of patients hospitalized before September 1, 1978.
  4. 37-3-4Immunity 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.
  5. 37-3-5Apprehension by peace officer of patient who leaves facility without permission.
  6. 37-3-6Approval of private facilities as emergency receiving, evaluating, or treatment facility; powers and duties of private facilities; right to deny admission.
  7. 37-3-7Abandoning or leaving patients on grounds of psychiatric hospital.
  8. 37-3-8Loitering or trespassing on grounds of psychiatric hospital.

Article 2. HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS

  1. 37-3-20Admission of voluntary patients; consent of parent or guardian to treatment; giving notice of rights to patient at time of admission.
  2. 37-3-21Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge.
  3. 37-3-22Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge.
  4. 37-3-23Giving voluntary patients periodic notice of rights.
  5. 37-3-24Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense.

Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS · Part 1. EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN’S CERTIFICATE, COURT ORDER, ETC.

  1. 37-3-40Designation by department of emergency receiving facilities; reporting; penalty for noncompliance.
  2. 37-3-41Emergency 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.
  3. 37-3-42Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.
  4. 37-3-43Procedure upon admission; notice of proposed discharge.
  5. 37-3-44Giving person and representatives notice of their rights upon admission to emergency receiving facility.

Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS · Part 2. EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS

  1. 37-3-60Designation of evaluating facilities.
  2. 37-3-61Initiation of proceedings for court ordered evaluation.
  3. 37-3-62Hearing 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.
  4. 37-3-63Admission of persons to evaluating facilities for evaluation and emergency treatment.
  5. 37-3-64Length of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; recipients of notice of discharge from facility.
  6. 37-3-65Request for transfer to another evaluating facility; recipients of notice of transfer.

Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS · Part 3. DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES

  1. 37-3-80Designation of treatment facilities.
  2. 37-3-81Procedure for detention of patient beyond evaluation period; final disposition.
  3. 37-3-81.1Disposition of patient upon hearing.
  4. 37-3-82Procedure upon failure of or noncompliance with involuntary outpatient treatment plan.
  5. 37-3-83Procedure for continued involuntary hospitalization.
  6. 37-3-84Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas.
  7. 37-3-85Periodic 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.

Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS · Part 4. INVOLUNTARY OUTPATIENT CARE

  1. 37-3-90Physician’s or psychologist’s determination and certification as to necessity of involuntary care; treatment of patient as inpatient or outpatient; minors.
  2. 37-3-91Discharge of persons meeting outpatient care criteria.
  3. 37-3-92Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver.
  4. 37-3-93Court 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.
  5. 37-3-94Reviews of individual service plans; discharge of patients from treatment; notice of discharge.
  6. 37-3-95Discharge of patients under criminal charges.

Article 4. PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY

  1. 37-3-100Placement and transfer of patients generally.
  2. 37-3-101Transportation of patients generally.
  3. 37-3-102Transfer 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.
  4. 37-3-103Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals.
  5. 37-3-104Procedure upon discovery that a patient hospitalized in Georgia is not a resident.

Article 5. PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY

  1. 37-3-120Effect of inability to pay on right to care and treatment.
  2. 37-3-121Liability for certain expenses of transporting, examining, and caring for patients.
  3. 37-3-122Payment of expenses incurred in connection with hearings held under this chapter.

Article 6. RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY · Part 1. GENERAL PROVISIONS

  1. 37-3-140Retention of rights and privileges by patients generally; right to due process.
  2. 37-3-141Patients’ right to legal counsel.
  3. 37-3-142Communication and visitation rights of patients; inspection, restriction, and censorship of patient correspondence; establishment of regulations governing visits and use of telephones.
  4. 37-3-143Patients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to patients’ personal effects.
  5. 37-3-144Patients’ right to vote.
  6. 37-3-145Employment of patients outside facilities.
  7. 37-3-146Education of children undergoing treatment in a facility.
  8. 37-3-147Representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem.
  9. 37-3-148Right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter.
  10. 37-3-149Establishment 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.
  11. 37-3-150Right 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.

Article 6. RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY · Part 2. RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS

  1. 37-3-160Individual dignity of patients to be respected; treatment of the mentally ill as medical patients; use of criminal facilities and procedures.
  2. 37-3-161Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs.
  3. 37-3-162Patients’ care and treatment rights.
  4. 37-3-163Recognition 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.
  5. 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.
  6. 37-3-165Mistreatment, neglect, or abuse of patients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraint.
  7. 37-3-166Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge.
  8. 37-3-167Right 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.
  9. 37-3-168Right of patient’s attorney to interview physicians, psychologists, and staff attending patient; establishment of regulations as to release of information to patient’s attorney.

Article 7. ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING

  1. 37-3-200Short title.
  2. 37-3-201Purpose.
  3. 37-3-202Definitions.2 versions
  4. 37-3-203Classification of residential programs.
  5. 37-3-204Regulations establishing minimum standards.
  6. 37-3-205Regulatory and licensing authority.2 versions
  7. 37-3-206Licensing requirement; funding contingency.2 versions
  8. 37-3-207Applications; proof of compliance.
  9. 37-3-208Provisional licensing; terms.
  10. 37-3-208.1One-time provisional license.2 versions
  11. 37-3-209Proof of accreditation.
  12. 37-3-210Nontransferable licensing.
  13. 37-3-211Denial, suspension or revocation of license.2 versions
  14. 37-3-212Confidentiality of records and names of mentally ill persons seeking treatment.
  15. 37-3-213On-site inspections.
  16. 37-3-214Role of disability services ombudsman.
  17. 37-3-215Unlicensed residential mental health program; penalty.2 versions