Georgia Code
Part 2 - Rights and Privileges as to Manner of Habilitation and as to Maintenance and Release of Clinical Records
§ 37-4-125. Treatment of Clinical Records; Scope of Privileged Communications; Liability for Disclosure

(2.1) A copy of the record of a deceased client or deceased former client 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 client’s estate, except for matters privileged under the laws of this state;
History. Code 1933, § 88-2503.12, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1979, p. 734, § 3; Ga. L. 1991, p. 1059, § 26; Ga. L. 1994, p. 1072, § 4; Ga. L. 2002, p. 1324, § 1-19; Ga. L. 2011, p. 99, § 54/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.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, a semicolon was substituted for a period at the end of paragraph (a)(8.1).
Cross references.
Release of medical information generally, § 24-9-40 et seq.
Law reviews.
For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 121 (1992).
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 4 - Habilitation of the Developmentally Disabled Generally

Article 5 - Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Representatives, etc., Generally

Part 2 - Rights and Privileges as to Manner of Habilitation and as to Maintenance and Release of Clinical Records

§ 37-4-120. Individual Dignity of Clients to Be Respected; Use of Criminal Facilities and Procedures

§ 37-4-121. Securing of Least Restrictive Alternative Placement; Assisting Client in Securing Placement in Noninstitutional Community Facilities and Programs

§ 37-4-122. Client’s Care and Treatment Rights

§ 37-4-123. Recognition of Clients’ Physical Integrity; Rights 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

§ 37-4-124. Mistreatment, Neglect, or Abuse of Clients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraints

§ 37-4-125. Treatment of Clinical Records; Scope of Privileged Communications; Liability for Disclosure

§ 37-4-126. Right of Client 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

§ 37-4-127. Right of Client’s Attorney to Interview Persons in Charge of Client’s Habilitation in a Facility; Establishment of Regulations as to Release of Information to Client’s Attorney