Georgia Code
Chapter 3 - Examination, Treatment, etc., for Mental Illness
Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally

Part 1 - General Provisions

§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process - Patients shall retain all rights and privileges granted other persons...

§ 37-3-141. Patients’ Right to Legal Counsel - It shall be the responsibility of the department to see...

§ 37-3-142. Communication and Visitation Rights of Patients; Inspection, Restriction, and Censorship of Patient Correspondence; Establishment of Regulations Governing Visits and Use of Telephones - History. Ga. L. 1890-91, p. 237, §§ 1, 2, 5;...

§ 37-3-143. Patients’ Rights in Regard to Personal Effects; Liability of Facility’s Employees and Staff Members for Loss of or Damage to Patients’ Personal Effects - A patient’s rights to his personal effects shall be respected....

§ 37-3-144. Patients’ Right to Vote - Each patient in a facility who is eligible to vote...

§ 37-3-145. Employment of Patients Outside Facilities - If a patient wishes to be employed outside a facility...

§ 37-3-146. Education of Children Undergoing Treatment in a Facility - The rights of any child under treatment in a facility...

§ 37-3-147. Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem - History. Code 1933, § 88-502.15, enacted by Ga. L. 1969,...

§ 37-3-148. Right of Patients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by This Chapter - History. Ga. L. 1958, p. 697, § 18; Ga. L....

§ 37-3-149. Establishment 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 - Each facility shall establish procedures whereby complaints of the patient...

§ 37-3-150. [Effective Until July 1, 2023. See note.] Right 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 - The patient, the patient’s representatives, or the patient’s attorney may...

§ 37-3-150. [Effective July 1, 2023. See note.] Right 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 - The patient, the patient’s representatives, or the patient’s attorney may...

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 - The patient’s dignity as an individual shall be respected at...

§ 37-3-161. Securing of Least Restrictive Alternative Placement; Assisting Patient in Securing Placement in Noninstitutional Community Facilities and Programs - It is the policy of the state that the least...

§ 37-3-162. Patients’ Care and Treatment Rights - History. Ga. L. 1958, p. 697, § 15; Ga. L....

§ 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 - History. Code 1933, § 88-508.11, enacted by Ga. L. 1977,...

§ 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 - History. Code 1933, § 88-502.24, enacted by Ga. L. 1980,...

§ 37-3-165. Mistreatment, Neglect, or Abuse of Patients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraint - History. Ga. L. 1958, p. 697, § 16; Ga. L....

§ 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...

§ 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 - History. Code 1933, § 88-502.13, enacted by Ga. L. 1978,...

§ 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 - The patient’s attorney shall have the right, at reasonable times,...