Georgia Code
Part 2 - Rights and Privileges as to Manner of Care and Treatment and as to Maintenance and Release of Clinical Records
§ 37-3-166. Treatment of Clinical Records; When Release Permitted; Scope of Privileged Communications; Liability for Disclosure; Notice to Sheriff of Discharge

(2.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(8.1) A copy of the record may be released to the legal representative of a deceased patient’s estate, except for matters privileged under the laws of this state;
History. Ga. L. 1958, p. 697, § 19; Ga. L. 1960, p. 837, § 18; Code 1933, § 88-518, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.10, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.12, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1979, p. 723, §§ 4, 5; Ga. L. 1981, p. 985, § 1; Ga. L. 1987, p. 3, § 37; Ga. L. 1991, p. 1059, §§ 21, 22; Ga. L. 1994, p. 1072, § 2; Ga. L. 2011, p. 99, § 53/HB 24.
Editor’s notes.
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Law reviews.
For note, “Tort Liability in Georgia for the Criminal Acts of Another,” see 18 Ga. L. Rev. 361 (1984).
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

Structure Georgia Code

Georgia Code

Title 37 - Mental Health

Chapter 3 - Examination, Treatment, etc., for Mental Illness

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

§ 37-3-160. Individual Dignity of Patients to Be Respected; Treatment of the Mentally Ill as Medical Patients; Use of Criminal Facilities and Procedures

§ 37-3-161. Securing of Least Restrictive Alternative Placement; Assisting Patient in Securing Placement in Noninstitutional Community Facilities and Programs

§ 37-3-162. Patients’ Care and Treatment Rights

§ 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

§ 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

§ 37-3-165. Mistreatment, Neglect, or Abuse of Patients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraint

§ 37-3-166. Treatment of Clinical Records; When Release Permitted; Scope of Privileged Communications; Liability for Disclosure; Notice to Sheriff of Discharge

§ 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

§ 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