Georgia Commons

Title 37. MENTAL HEALTH

Chapter 7. HOSPITALIZATION AND TREATMENT OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS

65 sections · 37-7-1 to 37-7-168

Article 1. GENERAL PROVISIONS

  1. 37-7-1Definitions.
  2. 37-7-2Authority of board to issue regulations; powers of department generally.
  3. 37-7-3Coordination of state drug and alcohol abuse programs.
  4. 37-7-4Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued hospitalization of patients hospitalized before September 1, 1978.
  5. 37-7-5Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter.
  6. 37-7-6Apprehension by peace officer of patient who leaves facility without permission.
  7. 37-7-7Approval of private facilities as emergency receiving facilities, evaluating facilities, or treatment facilities; powers and duties of private facilities; right to deny admission.
  8. 37-7-8‘‘Drug’’ defined; Right of minor to obtain treatment of drug abuse on his consent alone; binding effect of consent; informing minor’s parent, spouse, custodian, or guardian of treatment.

Article 2. HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS

  1. 37-7-20Admission of voluntary patients; parental consent to treatment; giving notice of rights to patient at time of admission.
  2. 37-7-21Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge.
  3. 37-7-22Right of voluntary patient to discharge upon application; procedure on denial of application for discharge; notice of discharge.
  4. 37-7-23Giving voluntary patients periodic notice of rights.
  5. 37-7-24Transfer 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 OR COURT ORDER

  1. 37-7-40Designation by department of emergency receiving facilities; reporting; penalty for noncompliance.
  2. 37-7-41Emergency involuntary treatment; who may certify need; delivery for examination; report of delivery required; annual report.
  3. 37-7-42Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.
  4. 37-7-43Procedure upon admission; notice of proposed discharge.
  5. 37-7-44Giving patient and his representatives notice of their rights upon patient’s 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. 37-7-60Designation of evaluating facilities.
  2. 37-7-61Petition for court ordered evaluation.
  3. 37-7-62Hearing on petition for court ordered evaluation; notice; appointment of representatives; patient’s right to counsel; waiver of hearing by patient; procedure upon issuance of order for evaluation.
  4. 37-7-63Admission of persons to evaluating facilities for evaluation and emergency treatment.
  5. 37-7-64Length of period of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; notice of discharge from evaluating facility.
  6. 37-7-65Request for transfer to another evaluating facility; direction 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. 37-7-80Designation of treatment facilities.
  2. 37-7-81Procedure for detention of patient beyond evaluation period; hearing.
  3. 37-7-81.1Disposition of patient upon hearing.
  4. 37-7-82Procedure upon failure of or noncompliance with involuntary outpatient treatment plan.
  5. 37-7-83Procedure for continued involuntary hospitalization.
  6. 37-7-84Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas.
  7. 37-7-85Periodic review of treatment plan; procedure upon termination of need for involuntary treatment; designation of discharge decisionmaker; notice of discharge or transfer to voluntary status.

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

  1. 37-7-90Physician’s or psychologist’s determination and certification as to involuntary outpatient care; treatment of patient as inpatient or outpatient.
  2. 37-7-91Discharge of persons meeting outpatient care criteria; time; preparation of service plan; interim outpatient treatment; notice of discharge; petition for hearing.
  3. 37-7-92Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver.
  4. 37-7-93Court 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. 37-7-94Reviews of individual service plans; discharge of patients from treatment; notice of discharge.
  6. 37-7-95Discharge of patients under criminal charges.

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

  1. 37-7-100Placement and transfer of patients generally.
  2. 37-7-101Transportation of patients generally.
  3. 37-7-102Transfer to custody of federal agencies for diagnosis, care, or treatment; retention of jurisdiction by State courts; jurisdiction over patients in federal hospitals and institutions located in Georgia.
  4. 37-7-103Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals.
  5. 37-7-104Procedure upon discovery that a patient hospitalized in Georgia is not a resident.

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

  1. 37-7-120Effect of inability to pay on right to care and treatment.
  2. 37-7-121Liability for expenses of transporting, examining, and caring for patients.
  3. 37-7-122Payment of expenses incurred in connection with hearings held under this chapter.

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

  1. 37-7-140Retention of rights and privileges by patients generally; right to due process.
  2. 37-7-141Patients’ right to legal counsel.
  3. 37-7-142Right of patients to communicate with persons outside facility and to receive visitors; inspection, restriction, and censorship of patient correspondence; establishment by chief medical officer of regulations governing visits and use of telephones.
  4. 37-7-143Patients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to patients’ personal effects.
  5. 37-7-144Patients’ right to vote.
  6. 37-7-145Employment of patients outside facilities.
  7. 37-7-146Education of children undergoing treatment in a facility.
  8. 37-7-147Appointment of patient representatives and guardians ad litem; notice provisions; duration and scope of guardianship ad litem.
  9. 37-7-148Rights of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter.
  10. 37-7-149Establishment of patients and staff complaint procedures; making of final decisions; complaint procedures as alternative to legal remedies.
  11. 37-7-150Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right of patient to subsequent appeal; right of patient to legal counsel on appeal.

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

  1. 37-7-160Individual dignity of patients to be respected; treatment of alcoholics and drug abusers as medical patients; use of criminal facilities and procedures.
  2. 37-7-161Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs.
  3. 37-7-162Patient’s care and treatment rights.
  4. 37-7-163Recognition of patients’ physical integrity; patients’ right to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery; immunity of physician; direction of notice of actions taken under Code section.
  5. 37-7-164‘‘Representative,’’ ‘‘substantial change’’ defined; consultation by patient’s representative with treatment facility; notification of treatment change; guardian’s consultation and notification rights.
  6. 37-7-165Mistreatment, neglect, or abuse of patients; use of medication, seclusion, or physical restraints.
  7. 37-7-166Maintenance, confidentiality, and release of clinical records; disclosure of confidential or privileged patient information.
  8. 37-7-167Right 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. 37-7-168Right of patient’s attorney to interview physician or psychologist and staff attending patient; establishment of regulations as to release of information to patient’s attorney.