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Chapter 1 - Governing and Regulation of Mental Health
Article 1 - General Provisions
§ 37-1-1. Definitions - As used in this title, the term: (11.1) “Mental health...
§ 37-1-2. Legislative Findings as to Mental Health, Developmental Disability, and Addictive Disease Problems and Services; Role of County Governing Authorities; Purpose of This Chapter and Chapter 2 of This Title - History. Code 1981, § 37-1-2 , enacted by Ga. L....
§ 37-1-3. Board of Behavioral Health and Developmental Disabilities; Members; Removal - History. Code 1981, § 37-1-3 , enacted by Ga. L....
§ 37-1-4. Department of Behavioral Health and Developmental Disabilities; Functions, Duties; Commissioner - History. Code 1981, § 37-1-4 , enacted by Ga. L....
§ 37-1-5. Department to Succeed to Applicable Rules and Regulations; Transfer of Rights, Responsibilities, Duties, Personnel, and Property - History. Code 1981, § 37-1-5 , enacted by Ga. L....
§ 37-1-6. Service of Notice of Pendency of Action by Second Original Process - When any action is brought against the department, the board,...
§ 37-1-7. Funding for New Co-Responder Programs - The state shall provide funding for a minimum of five...
Article 2 - Powers and Duties of the Department of Behavioral Health and Developmental Disabilities
§ 37-1-20. Obligations of the Department of Behavioral Health and Developmental Disabilities - The department shall: History. Code 1933, §§ 88-601, 88-602, 88-603,...
§ 37-1-21. Institutional Powers and Duties - History. Code 1933, § 88-115, enacted by Ga. L. 1964,...
§ 37-1-23. Rules of Practice and Procedure; Availability - The board is directed to prescribe rules of practice and...
§ 37-1-24. Use of Psychologist or Physician in Lieu of One Another - No provision in this title shall require the department or...
§ 37-1-25. Purchase of Real Property Authorized - The department is authorized to purchase land or lands adjacent...
§ 37-1-26. Sale of Surplus Products - History. Code 1981, § 37-1-26 , enacted by Ga. L....
§ 37-1-27. Legislative Findings; Suicide Prevention Program; Implementation - History. Code 1981, § 37-1-27 , enacted by Ga. L....
§ 37-1-28. Conviction Data - History. Code 1981, § 37-1-28 , enacted by Ga. L....
§ 37-1-29. Crisis Stabilization Unit Defined; Certification of Units; Minimum Standards and Requirements; Designation as an Emergency Receiving Facility; Legislative Intent - History. Code 1981, § 37-1-29 , enacted by Ga. L....
Article 3 - Promulgation of Rules and Regulations
§ 37-1-40. Power of Board to Provide and Promote Standards, Rules, and Regulations - The board shall adopt and promulgate written rules, regulations, and...
§ 37-1-41. Rules and Regulations of Board of Behavioral Health and Developmental Disabilities - All rules and regulations of the Board of Behavioral Health...
Article 4 - Hearings and Evidence
§ 37-1-53. Classification of Privileged Materials - Notwithstanding any other provision of law to the contrary, the...
Article 5 - Enforcement Procedures
Part 1 - Inspection Warrants
§ 37-1-70. Definitions - As used in this part, the term: History. Code 1933,...
§ 37-1-71. Persons Who May Obtain Inspection Warrants; Authorization of Searches and Inspections of Property - The commissioner or the commissioner’s delegate, in addition to other...
§ 37-1-72. Issuance; Grounds - History. Code 1933, §§ 88-303a, 88-304a, enacted by Ga. L....
§ 37-1-73. Contents - The inspection warrant shall be validly issued only if it...
§ 37-1-74. Exclusion of Evidence Obtained - No facts discovered or evidence obtained in an inspection conducted...
Part 2 - Injunctions
§ 37-1-90. Injunctions for the Purpose of Enjoining Violations of the Provisions of This Title - The Department of Behavioral Health and Developmental Disabilities is empowered...
Part 3 - Criminal Penalties
§ 37-1-100. Penalty for Violations of the Provisions of This Title - Any person violating the provisions of this title shall be...
Article 7 - Assisted Outpatient Treatment
§ 37-1-120. Definitions - As used in this article, the term: History. Code 1981,...
§ 37-1-121. Grant Program for Implementation of Assisted Outpatient Treatment - The department shall establish and operate a grant program for...
§ 37-1-122. Funding Opportunity Announcement; Requirements; Assistance; Announcement of Awards - History. Code 1981, § 37-1-122 , enacted by Ga. L....
§ 37-1-123. Technical Assistance Providers - Throughout the term of the assisted outpatient treatment grant program,...
§ 37-1-124. Independent Evaluations of the Programs; Sharing and Reporting of Information - History. Code 1981, § 37-1-124 , enacted by Ga. L....
§ 37-1-125. Rules and Regulations - The department shall adopt and prescribe such rules and regulations...
Chapter 2 - Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services
§ 37-2-1. Declaration of Purpose - History. Code 1933, § 88-601, enacted by Ga. L. 1976,...
§ 37-2-2. Definitions - As used in this chapter, the term: History. Code 1933,...
§ 37-2-3. Designation of Boundaries for Mental Health, Development Disabilities, and Addictive Diseases Regions; Community Service Board Areas - History. Code 1933, § 88-604, enacted by Ga. L. 1976,...
§ 37-2-4. Behavioral Health Coordinating Council; Membership; Meetings; Obligations - History. Code 1933, § 88-611, enacted by Ga. L. 1976,...
§ 37-2-4.1. Local Mental Health, Developmental Disabilities, and Addictive Diseases Offices; Regional Mental Health, Developmental Disabilities, and Addictive Disease Advisory Councils - History. Code 1981, § 37-2-4.1 , enacted by Ga. L....
§ 37-2-5. Regional Advisory Councils — Establishing Policy and Direction for Disability Services; Membership; Bylaws; Meetings; Expenses - (b.1) A county governing authority may appoint the school superintendent,...
§ 37-2-5.1. Allocation of Funds - History. Code 1981, § 37-2-5.1 , enacted by Ga. L....
§ 37-2-5.2. Local Offices — Duties, Functions, and Powers - Under the supervision of the department, each local office shall...
§ 37-2-6. Community Mental Health, Developmental Disabilities, and Addictive Diseases Service Boards — Community Service Board Creation; Membership; Participation of Counties; Transfer of Powers and Duties; Alternate Method of Establishment; Bylaws;... - The county governing authority shall appoint as at least one...
§ 37-2-6.1. Community Service Boards — Executive Director, Staff, Budget, Facilities; Powers and Duties; Exemption From State and Local Taxation - History. Code 1981, § 37-2-6.1 , enacted by Ga. L....
§ 37-2-6.2. Employees Whose Jobs Include Duties or Functions Which Became Duties or Functions of a Community Service Board on July 1, 1994; Rights, Duties, and Benefits of Employees - History. Code 1981, § 37-2-6.2 , enacted by Ga. L....
§ 37-2-6.3. Public Body; Lawsuits; Debts, Obligations, and Liabilities - History. Code 1981, § 37-2-6.3 , enacted by Ga. L....
§ 37-2-6.4. Reconstituting or Converting of Organizational Structure; Formation of New Community Service Board - History. Code 1981, § 37-2-6.4 , enacted by Ga. L....
§ 37-2-6.5. Cessation of Operations by Community Service Board; Notification; Continuation of Operations by Successor Board, County Board of Health, or Outside Manager - History. Code 1981, § 37-2-6.5 , enacted by Ga. L....
§ 37-2-7. Formulation and Publication of State Plan for Disability Services - History. Code 1933, § 88-606, enacted by Ga. L. 1976,...
§ 37-2-9. Coordination of Disability Services With Related Activities of Other Agencies and Organizations - To the maximum extent possible, disability services provided by the...
§ 37-2-9.1. Compliance by Regional Planning Boards and Community Service Boards With Laws as to Open Meetings and Inspection of Records; Advisory Boards - History. Code 1981, § 37-2-9.1 , enacted by Ga. L....
§ 37-2-10. Commissioner’s Emergency Powers Upon Failure of Community Service Board to Establish and Administer Programs - History. Code 1933, § 88-610, enacted by Ga. L. 1976,...
§ 37-2-11. Allocation of Available Funds for Services; Recipients to Meet Minimum Standards; Accounting for Fees Generated by Providers; Discrimination in Providing Services Prohibited - History. Code 1933, § 88-612, enacted by Ga. L. 1976,...
§ 37-2-11.1. Venue in Actions Against Community Service Board; Representation by Attorney General; Immunity; Use of Legal Counsel; Authority for Indemnification, Defense, and Insurance - History. Code 1981, § 37-2-11.1 , enacted by Ga. L....
§ 37-2-11.2. Access by the Department, Department of Human Services, Department of Public Health, Department of Community Health, or Regional Office to Records of Any Program Receiving Public Funds; Confidentiality - History. Code 1981, § 37-2-11.2 , enacted by Ga. L....
Article 2 - Administration of Mental Disability Services
Part 1 - Office of Disability Services Ombudsman
§ 37-2-30. Definitions - As used in this article, the term: (9.1) “Psychiatric advance...
§ 37-2-31. Creation of Office of Disability Services Ombudsman - History. Code 1981, § 37-2-31 , enacted by Ga. L....
§ 37-2-32. Nominating Committee to Identify Qualified Candidates for Ombudsman; Committee Membership; Terms of Service of Ombudsman - History. Code 1981, § 37-2-32 , enacted by Ga. L....
§ 37-2-33. Powers of Ombudsman - History. Code 1981, § 37-2-33 , enacted by Ga. L....
§ 37-2-34. Ombudsman and Other Office Personnel Deemed Members of Department Work Force for Certain Purposes - The ombudsman and persons employed by or acting as agents...
§ 37-2-35. Duties of Ombudsman - The ombudsman shall: History. Code 1981, § 37-2-35 , enacted...
§ 37-2-36. Investigations - History. Code 1981, § 37-2-36 , enacted by Ga. L....
§ 37-2-37. Investigation Report; Referrals to Division and Other Appropriate Agencies - History. Code 1981, § 37-2-37 , enacted by Ga. L....
§ 37-2-38. Confidentiality; Disclosure of Information - History. Code 1981, § 37-2-38 , enacted by Ga. L....
§ 37-2-39. Notice of Complaint Procedure - The ombudsman shall prepare and distribute to each services provider...
§ 37-2-40. Discrimination or Retaliation Prohibited; Sanctions - History. Code 1981, § 37-2-40 , enacted by Ga. L....
§ 37-2-41. Federal Financial Participation; Documentation - The ombudsman and commissioner shall obtain federal financial participation for...
§ 37-2-42. Immunity From Civil and Criminal Liability for Providing Certain Information to Ombudsman - No person providing information, including but not limited to a...
§ 37-2-43. Immunity From Civil and Criminal Liability for Filing Complaint; Ombudsman’s Immunity for Actions Related to Discharge of Duties - History. Code 1981, § 37-2-43 , enacted by Ga. L....
§ 37-2-44. Statutory Construction - Nothing in this article shall be construed to limit the...
§ 37-2-45. Medical Review Group to Review the Deaths of Consumers - History. Code 1981, § 37-2-45 , enacted by Ga. L....
§ 37-2-46. Notification of Consumer’s Death; Time Limits - History. Code 1981, § 37-2-46 , enacted by Ga. L....
§ 37-2-47. Scope of Part - Commencing with the calendar month immediately following the month in...
Part 2 - Additional Powers and Duties
§ 37-2-50. Additional Powers and Duties - Commencing with the calendar month immediately following the month in...
Chapter 3 - Examination, Treatment, etc., for Mental Illness
§ 37-3-1. Definitions - As used in this chapter, the term: (.1) “Available outpatient...
§ 37-3-2. Authority of Board to Issue Regulations; Powers of Department Generally - Notwithstanding the powers granted to the department under this Code...
§ 37-3-3. Validity of Hospitalization Orders Entered Before September 1, 1978; Establishment of Regulations as to Orders Authorizing Continued Hospitalization of Patients Hospitalized Before September 1, 1978 - No hospitalization of a mentally ill person lawful before September...
§ 37-3-4. Immunity 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 - Any hospital or any physician, psychologist, peace officer, attorney, or...
§ 37-3-5. Apprehension by Peace Officer of Patient Who Leaves Facility Without Permission - If, during the period of involuntary hospitalization pursuant to any...
§ 37-3-6. Approval of Private Facilities as Emergency Receiving, Evaluating, or Treatment Facility; Powers and Duties of Private Facilities; Right to Deny Admission - Any private facility within this state may be approved as...
§ 37-3-7. Abandoning or Leaving Patients on Grounds of Psychiatric Hospital - Any person who abandons or leaves any patient on the...
§ 37-3-8. Loitering or Trespassing on Grounds of Psychiatric Hospital - Any person who loiters about or trespasses on the property...
Article 2 - Hospitalization and Treatment of Voluntary Patients
§ 37-3-20. Admission of Voluntary Patients; Consent of Parent or Guardian to Treatment; Giving Notice of Rights to Patient at Time of Admission - History. Ga. L. 1952, p. 94, § 1; Ga. L....
§ 37-3-21. Discharge of Voluntary Patients Upon Recovery or Termination of Need for Hospitalization; Notice of Discharge - History. Ga. L. 1874, p. 91, § 1; Code 1882,...
§ 37-3-22. Right of Voluntary Patient to Discharge Upon Application; Exception; Procedure on Denial of Application for Discharge; Notice of Discharge - History. Ga. L. 1952, p. 94, § 3; Ga. L....
§ 37-3-23. Giving Voluntary Patients Periodic Notice of Rights - At the time of his admission and each six months...
§ 37-3-24. Transfer of Involuntary Patients to Voluntary Status; Notice of Transfer and of Discharge of Patients So Transferred; Discharge of Transferred Patient Charged With Criminal Offense - Any involuntary patient may apply to be transferred to voluntary...
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
§ 37-3-40. Designation by Department of Emergency Receiving Facilities; Reporting; Penalty for Noncompliance - History. Code 1933, § 88-504.1, enacted by Ga. L. 1969,...
§ 37-3-41. Emergency 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 - History. Code 1933, § 88-504.2, enacted by Ga. L. 1969,...
§ 37-3-42. Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record - History. Code 1933, § 88-504.3, enacted by Ga. L. 1969,...
§ 37-3-43. Procedure Upon Admission; Notice of Proposed Discharge - Nothing in this chapter shall be construed to prohibit a...
§ 37-3-44. Giving Person and Representatives Notice of Their Rights Upon Admission to Emergency Receiving Facility - History. Code 1933, § 88-504.6, enacted by Ga. L. 1969,...
Part 2 - Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness
§ 37-3-60. Designation of Evaluating Facilities - Any state owned or state operated facility may be designated...
§ 37-3-61. Initiation of Proceedings for Court Ordered Evaluation - Proceedings for a court ordered evaluation may be initiated in...
§ 37-3-62. Hearing 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 - History. Code 1933, § 88-505.3, enacted by Ga. L. 1969,...
§ 37-3-63. Admission of Persons to Evaluating Facilities for Evaluation and Emergency Treatment - Any person who is brought to an evaluating facility under...
§ 37-3-64. Length of Detention in Evaluating Facility; Discharge; Procedure Upon Determination of Need for Hospitalization or Involuntary Treatment; Recipients of Notice of Discharge From Facility - History. Code 1933, §§ 88-505.5, 88-505.6, enacted by Ga. L....
§ 37-3-65. Request for Transfer to Another Evaluating Facility; Recipients of Notice of Transfer - Any patient admitted to an evaluating facility may apply to...
Part 3 - Determination of Need for Treatment, Admission to Treatment Facilities
§ 37-3-80. Designation of Treatment Facilities - Any state owned or state operated facility may be designated...
§ 37-3-81. Procedure for Detention of Patient Beyond Evaluation Period; Final Disposition - History. Ga. L. 1857, p. 123, § 2; Code 1863,...
§ 37-3-81.1. Disposition of Patient Upon Hearing - History. Code 1981, § 37-3-81.1 , enacted by Ga. L....
§ 37-3-82. Procedure Upon Failure of or Noncompliance With Involuntary Outpatient Treatment Plan - History. Code 1933, § 88-506.3, enacted by Ga. L. 1978,...
§ 37-3-83. Procedure for Continued Involuntary Hospitalization - History. Code 1933, § 88-506.6, enacted by Ga. L. 1969,...
§ 37-3-84. Appointment of Hearing Examiners for Hearings as to Continued Hospitalization; Powers of Hearing Examiners Generally; Issuance of Subpoenas - History. Code 1933, § 88-506.5, enacted by Ga. L. 1969,...
§ 37-3-85. Periodic 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 - History. Ga. L. 1874, p. 91, § 1; Code 1882,...
Part 4 - Involuntary Outpatient Care
§ 37-3-90. Physician’s or Psychologist’s Determination and Certification as to Necessity of Involuntary Care; Treatment of Patient as Inpatient or Outpatient; Minors - shall be considered to be in need of involuntary outpatient...
§ 37-3-91. Discharge of Persons Meeting Outpatient Care Criteria - History. Code 1981, § 37-3-91 , enacted by Ga. L....
§ 37-3-92. Hearing; Notice; Waiver of Hearing; Apprehension and Detention of Patient Failing to Appear; Treatment Upon Waiver - History. Code 1981, § 37-3-92 , enacted by Ga. L....
§ 37-3-93. Court 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 - The petition shall contain a plain and simple statement that...
§ 37-3-94. Reviews of Individual Service Plans; Discharge of Patients From Treatment; Notice of Discharge - History. Code 1981, § 37-3-94 , enacted by Ga. L....
§ 37-3-95. Discharge of Patients Under Criminal Charges - Notwithstanding any other provisions of any part of this article,...
Article 4 - Placement, Transfer, and Transportation of Patients Generally
§ 37-3-100. Placement and Transfer of Patients Generally - History. Ga. L. 1958, p. 697, § 10; Ga. L....
§ 37-3-101. Transportation of Patients Generally - History. Ga. L. 1958, p. 697, § 8; Ga. L....
§ 37-3-102. Transfer 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 - History. Ga. L. 1958, p. 697, §§ 7, 10; Ga....
§ 37-3-103. Procedure for Transfer of Georgia Residents From Out-of-State Hospitals to Georgia Hospitals - Upon application to the department by a parent, spouse, next...
§ 37-3-104. Procedure Upon Discovery That a Patient Hospitalized in Georgia Is Not a Resident - If a hospitalized patient is discovered not to be a...
Article 5 - Payment of Expenses of Patient Care and Transportation Generally
§ 37-3-120. Effect of Inability to Pay on Right to Care and Treatment - It is the policy of this state that no person...
§ 37-3-121. Liability for Certain Expenses of Transporting, Examining, and Caring for Patients - History. Code 1933, § 88-508.8, enacted by Ga. L. 1969,...
§ 37-3-122. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter - History. Ga. L. 1958, p. 697, § 24; Ga. L....
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,...
Article 7 - Adult Residential Mental Health Services Licensing
§ 37-3-200. Short Title - This article shall be known and may be cited as...
§ 37-3-201. Purpose - The purpose of this article is to provide for the...
§ 37-3-202. Definitions - As used in this article, the term: History. Code 1981,...
§ 37-3-203. Classification of Residential Programs - The department is authorized to classify all adult residential mental...
§ 37-3-204. Regulations Establishing Minimum Standards - The department shall create and promulgate minimum standards of quality...
§ 37-3-205. Regulatory and Licensing Authority - History. Code 1981, § 37-3-205 , enacted by Ga. L....
§ 37-3-206. [For Effective Date, See note.] Licensing Requirement; Funding Contingency - History. Code 1981, § 37-3-206 , enacted by Ga. L....
§ 37-3-207. Applications; Proof of Compliance - History. Code 1981, § 37-3-207 , enacted by Ga. L....
§ 37-3-208. Provisional Licensing; Terms - History. Code 1981, § 37-3-208 , enacted by Ga. L....
§ 37-3-208.1. One-Time Provisional License - Between July 1, 2022, and December 31, 2023, the department...
§ 37-3-209. Proof of Accreditation - The department may accept proof of accreditation by a nationally...
§ 37-3-210. Nontransferable Licensing - The department shall issue a license to a governing body...
§ 37-3-211. Denial, Suspension or Revocation of License - History. Code 1981, § 37-3-211 , enacted by Ga. L....
§ 37-3-212. Confidentiality of Records and Names of Mentally Ill Persons Seeking Treatment - For the purpose of providing more effective treatment and rehabilitation,...
§ 37-3-213. On-Site Inspections - The department shall conduct periodic on-site inspection of each adult...
§ 37-3-214. Role of Disability Services Ombudsman - The powers of the disability services ombudsman established in Part...
§ 37-3-215. Unlicensed Residential Mental Health Program; Penalty - History. Code 1981, § 37-3-215 , enacted by Ga. L....
Chapter 4 - Habilitation of the Developmentally Disabled Generally
§ 37-4-1. Declaration of Policy - The State of Georgia recognizes the capacity of all of...
§ 37-4-2. Definitions - As used in this chapter, the term: History. Code 1933,...
§ 37-4-3. Authority of Board to Issue Regulations; Powers of Department Generally - Notwithstanding the powers granted to the department under this Code...
§ 37-4-4. Coordination of Training Programs for the Developmentally Disabled - The State Department of Education is authorized and directed to...
§ 37-4-5. Validity of Hospitalization Orders Entered Before September 1, 1978; Establishment of Regulations Authorizing Continued Care for Clients Receiving Services Pursuant to Orders Entered Before September 1, 1978; Validity of Hospitalization Ord... - History. Code 1933, § 88-2509.6, enacted by Ga. L. 1978,...
§ 37-4-6. Immunity From Liability for Actions Taken in Good Faith Compliance With Admission and Discharge Provisions of Chapter - Any physician, psychologist, peace officer, attorney, or health official or...
§ 37-4-7. Apprehension by Peace Officer of Developmentally Disabled Person Who Leaves Facility Without Permission - If, during the period of habilitation authorized by this chapter...
§ 37-4-8. Approval of Private Facilities; Powers and Duties of Private Facilities; Right to Deny Admission - Any private facility within this state may be approved as...
Article 2 - Procedures for Obtaining Services From the Department
Part 2 - Court Ordered Services
§ 37-4-42. Procedure for Continuation of Court Ordered Habilitation - History. Code 1933, § 88-2507, enacted by Ga. L. 1978,...
§ 37-4-44. Periodic Review of Individualized Program Plan; Discharge or Transfer to Another Facility Upon Change in Client’s Needs; Notice of Discharge or Transfer - History. Ga. L. 1919, p. 377, § 6; Ga. L....
Article 3 - Placement, Transfer, and Transportation of Developmentally Disabled Persons Undergoing Habilitation, Generally
§ 37-4-60. Designation of Facility to Which Client to Be Admitted; Transfers of Clients Between Private and State Owned Facilities; Transfers of Clients Generally - History. Ga. L. 1956, p. 728, § 1; Code 1933,...
§ 37-4-61. Transportation of Clients Generally - History. Code 1933, § 88-2503.17, enacted by Ga. L. 1978,...
§ 37-4-62. Transfer of Clients to Custody of Federal Agencies for Services; Retention of Jurisdiction Over Clients by State Courts; Jurisdiction Over Developmentally Disabled Persons in Federal Hospitals and Institutions Located in State - History. Code 1933, § 88-2509.4, enacted by Ga. L. 1978,...
§ 37-4-63. Procedure for Transfer of Georgia Residents From Out-of-State Facilities to Georgia Facilities - Upon application to the department by a parent, spouse, next...
§ 37-4-64. Procedure Upon Discovery That a Client Receiving Court Ordered Services From a Georgia Facility Is Not a Resident - If a client who is a resident in a facility...
Article 4 - Payment of Expenses of Care and Transportation of Developmentally Disabled Persons Undergoing Habilitation, Generally
§ 37-4-80. Effect of Inability to Pay on Right to Habilitation Services - It is the policy of this state that no person...
§ 37-4-81. Liability for Expenses for Transporting, Examining, and Caring for Clients - History. Code 1933, § 88-2508, enacted by Ga. L. 1964,...
§ 37-4-82. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter - History. Code 1933, § 88-2508, enacted by Ga. L. 1964,...
Article 5 - Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Representatives, etc., Generally
§ 37-4-100. Retention of Rights and Privileges by Clients Generally; Right to Due Process - Clients shall retain all rights and privileges granted other persons...
§ 37-4-101. Clients’ Right to Legal Counsel - It shall be the responsibility of the department to see...
§ 37-4-102. Right of Clients to Communicate With Persons Outside Facility and to Receive Visitors; Treatment of Client Correspondence; Establishment of Regulations Governing Visitation and Telephone Usage - History. Code 1933, § 88-2503.7, enacted by Ga. L. 1978,...
§ 37-4-103. Clients’ Rights in Regard to Personal Effects; Liability of Facility’s Employees and Staff Members for Loss of or Damage to Clients’ Personal Effects - A client’s rights to his personal effects shall be respected....
§ 37-4-104. Clients’ Right to Vote - Each client in a facility who is eligible to vote...
§ 37-4-105. Employment of Clients Outside Facilities - If a client wishes to be employed outside a facility...
§ 37-4-106. Education of Children Who Are Clients - The rights of any child receiving habilitation in a facility...
§ 37-4-107. Appointment of Client Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem - History. Code 1933, § 88-2503.18, enacted by Ga. L. 1978,...
§ 37-4-108. Right of Clients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by Chapter - History. Code 1933, §§ 88-2503.14, 88-2505, enacted by Ga. L....
§ 37-4-109. Establishment of Patients and Staff Complaint Procedure; Final Decisionmakers; Right of Administrative Appeal; Complaint Procedures as Alternative to Legal Remedies - The department shall establish procedures whereby complaints of the client...
§ 37-4-110. [Effective Until July 1, 2023. See note.] Appeal Rights of Clients, Their Representatives, or Attorneys; Payment of Costs of Appeal; Right of Client to Subsequent Appeal and to Legal Counsel on Appeal - The client, the client’s representatives, or the client’s attorney may...
§ 37-4-110. [Effective July 1, 2023. See note.] Appeal Rights of Clients, Their Representatives, or Attorneys; Payment of Costs of Appeal; Right of Client to Subsequent Appeal and to Legal Counsel on Appeal - The client, the client’s representatives, or the client’s attorney may...
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 - The client’s dignity as an individual shall be respected at...
§ 37-4-121. Securing of Least Restrictive Alternative Placement; Assisting Client in Securing Placement in Noninstitutional Community Facilities and Programs - It is the policy of the state that the least...
§ 37-4-122. Client’s Care and Treatment Rights - History. Code 1933, § 88-2503.4, enacted by Ga. L. 1978,...
§ 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 - History. Code 1933, § 88-2516, enacted by Ga. L. 1977,...
§ 37-4-124. Mistreatment, Neglect, or Abuse of Clients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraints - History. Code 1933, § 88-2503.5, enacted by Ga. L. 1978,...
§ 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...
§ 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 - History. Code 1933, § 88-2503.13, enacted by Ga. L. 1978,...
§ 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 - The client’s attorney shall have the right, at reasonable times,...
Chapter 5 - Community Services for the Developmentally Disabled
§ 37-5-1. Short Title - This chapter shall be known and may be cited as...
§ 37-5-2. Declaration of Policy - Since the State of Georgia accepts a responsibility for its...
§ 37-5-3. Community Services Defined - As used in this chapter, the term “community services” means...
§ 37-5-4. Applicability of Chapter; Eligibility for Community Services - History. Ga. L. 1972, p. 700, § 4; Ga. L....
§ 37-5-5. Duty of County Board of Health to Provide Community Services; District Health Department to Advise Families or Guardians of Developmentally Disabled Individuals - History. Ga. L. 1972, p. 700, § 5; Ga. L....
§ 37-5-6. County or Health District Plan for Community Services; Review and Approval of Plan by the Department - History. Ga. L. 1972, p. 700, § 6; Ga. L....
§ 37-5-7. Duty of Department to Provide Consulting and Financial Assistance to County Boards of Health; Failure of County Boards of Health to Provide Community Services - History. Ga. L. 1972, p. 700, § 7; Ga. L....
§ 37-5-8. Duty of Department to Establish Standards for Community Services, Inspect Programs, Issue Statements of Approval; Procedure Upon Discovery of Deficiencies; Reinspection - The department shall establish standards for community services, shall regularly...
§ 37-5-9. Fees for Community Services - The department and its contractors are authorized to charge fees...
Chapter 6 - Day-Care Centers for the Developmentally Disabled
§ 37-6-1. Day-Care Center Defined - As used in this chapter, the term “day-care center” means...
§ 37-6-2. Participation by Department in Financing of Day-Care Centers for Developmentally Disabled Children - The department is authorized, directed, and empowered to participate in...
§ 37-6-3. Participation by Department in Financing of Day-Care Centers Generally - The department is authorized, directed, and empowered to participate in...
§ 37-6-4. Grants-in-Aid to County Boards of Health for Purchase of Services From Private Day-Care Centers - The department is authorized and empowered to make grants-in-aid to...
§ 37-6-5. Statements of Operating Costs - The department may require any day-care center that receives state...
§ 37-6-6. Inspection and Approval of Day-Care Centers - The department is authorized, directed, and empowered (1) to inspect...
§ 37-6-7. Departmental Standards for Day-Care Centers - History. Ga. L. 1963, p. 259, § 8; Ga. L....
§ 37-6-8. Expenditure of Funds Appropriated for This Chapter - The department is authorized, directed, and empowered to expend funds...
Chapter 7 - Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
§ 37-7-1. Definitions - As used in this chapter, the term: (3.1) “Available outpatient...
§ 37-7-2. Authority of Board to Issue Regulations; Powers of Department Generally - (a.1) The board shall issue regulations to implement the provisions...
§ 37-7-3. Coordination of State Drug and Alcohol Abuse Programs - All programs conducted by state agencies with respect to drug...
§ 37-7-4. Validity of Hospitalization Orders Entered Before September 1, 1978; Establishment of Regulations Authorizing Continued Hospitalization of Patients Hospitalized Before September 1, 1978 - No hospitalization of an alcoholic, drug dependent individual, or drug...
§ 37-7-5. Immunity From Liability for Actions Taken in Good Faith Compliance With Admission and Discharge Provisions of Chapter - Any physician, psychologist, peace officer, attorney, or health official, or...
§ 37-7-6. Apprehension by Peace Officer of Patient Who Leaves Facility Without Permission - If, during the period of involuntary hospitalization pursuant to any...
§ 37-7-7. Approval of Private Facilities as Emergency Receiving Facilities, Evaluating Facilities, or Treatment Facilities; Powers and Duties of Private Facilities; Right to Deny Admission - Any private facility within this state may be approved as...
§ 37-7-8. “Drug” Defined; Right of Minor to Obtain Treatment of Drug Abuse on Minor’s Consent Alone; Binding Effect of Consent; Informing Minor’s Parent, Spouse, Custodian, or Guardian of Treatment - History. Ga. L. 1971, p. 337, §§ 1-3. Cross references....
§ 37-7-20. Admission of Voluntary Patients; Parental Consent to Treatment; Giving Notice of Rights to Patient at Time of Admission - History. Code 1933, § 88-404.1, enacted by Ga. L. 1971,...
§ 37-7-21. Discharge of Voluntary Patients Upon Recovery or Termination of Need for Hospitalization; Notice of Discharge - History. Code 1933, § 88-404.2, enacted by Ga. L. 1971,...
§ 37-7-22. Right of Voluntary Patient to Discharge Upon Application; Procedure on Denial of Application for Discharge; Notice of Discharge - History. Code 1933, § 88-404.3, enacted by Ga. L. 1971,...
§ 37-7-23. Giving Voluntary Patients Periodic Notice of Rights - At the time of his admission and each six months...
§ 37-7-24. Transfer of Involuntary Patients to Voluntary Status; Notice of Transfer and of Discharge of Patients So Transferred; Discharge of Transferred Patient Charged With Criminal Offense - Any involuntary patient may apply to be transferred to voluntary...
Part 1 - Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician’s Certificate or Court Order
§ 37-7-40. Designation by Department of Emergency Receiving Facilities; Reporting; Penalty for Noncompliance - History. Code 1933, § 88-404.6, enacted by Ga. L. 1971,...
§ 37-7-41. Emergency Involuntary Treatment; Who May Certify Need; Delivery for Examination; Report of Delivery Required; Annual Report - History. Code 1933, § 88-404.7, enacted by Ga. L. 1971,...
§ 37-7-42. Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record - History. Code 1933, § 88-404.3, enacted by Ga. L. 1978,...
§ 37-7-43. Procedure Upon Admission; Notice of Proposed Discharge - Nothing in this chapter shall be construed to prohibit a...
§ 37-7-44. Giving Patient and His Representatives Notice of Their Rights Upon Patient’s Admission to Emergency Receiving Facility - History. Code 1933, § 88-404.10, enacted by Ga. L. 1971,...
§ 37-7-60. Designation of Evaluating Facilities - Any state owned or state operated facility may be designated...
§ 37-7-61. Petition for Court Ordered Evaluation - Proceedings for a court ordered evaluation may be initiated in...
§ 37-7-62. Hearing 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 - History. Code 1933, § 88-404.13, enacted by Ga. L. 1971,...
§ 37-7-63. Admission of Persons to Evaluating Facilities for Evaluation and Emergency Treatment - Any person who is brought to an evaluating facility under...
§ 37-7-64. Length of Period of Detention in Evaluating Facility; Discharge; Procedure Upon Determination of Need for Hospitalization or Involuntary Treatment; Notice of Discharge From Evaluating Facility - History. Code 1933, §§ 88-404.15, 88-404.16, enacted by Ga. L....
§ 37-7-65. Request for Transfer to Another Evaluating Facility; Direction of Notice of Transfer - Any patient admitted to an evaluating facility may apply to...
§ 37-7-80. Designation of Treatment Facilities - Any state owned or state operated facility may be designated...
§ 37-7-81. Procedure for Detention of Patient Beyond Evaluation Period; Hearing - History. Code 1933, §§ 88-404.20, 88-404.21, enacted by Ga. L....
§ 37-7-81.1. Disposition of Patient Upon Hearing - History. Code 1981, § 37-7-81.1 , enacted by Ga. L....
§ 37-7-82. Procedure Upon Failure of or Noncompliance With Involuntary Outpatient Treatment Plan - History. Code 1933, § 88-406.3, enacted by Ga. L. 1978,...
§ 37-7-83. Procedure for Continued Involuntary Hospitalization - History. Code 1933, § 88-404.23, enacted by Ga. L. 1971,...
§ 37-7-84. Appointment of Hearing Examiners for Hearings as to Continued Hospitalization; Powers of Hearing Examiners Generally; Issuance of Subpoenas - History. Code 1933, § 88-404.22, enacted by Ga. L. 1971,...
§ 37-7-85. Periodic Review of Treatment Plan; Procedure Upon Termination of Need for Involuntary Treatment; Designation of Discharge Decisionmaker; Notice of Discharge or Transfer to Voluntary Status - History. Code 1933, § 88-404.24, enacted by Ga. L. 1971,...
Part 4 - Outpatient Treatment
§ 37-7-90. Physician’s or Psychologist’s Determination and Certification as to Involuntary Outpatient Care; Treatment of Patient as Inpatient or Outpatient - shall be considered to be in need of involuntary outpatient...
§ 37-7-91. Discharge of Persons Meeting Outpatient Care Criteria; Time; Preparation of Service Plan; Interim Outpatient Treatment; Notice of Discharge; Petition for Hearing - History. Code 1981, § 37-7-91 , enacted by Ga. L....
§ 37-7-92. Hearing; Notice; Waiver of Hearing; Apprehension and Detention of Patient Failing to Appear; Treatment Upon Waiver - History. Code 1981, § 37-7-92 , enacted by Ga. L....
§ 37-7-93. Court 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 - The petition shall contain a plain and simple statement that...
§ 37-7-94. Reviews of Individual Service Plans; Discharge of Patients From Treatment; Notice of Discharge - History. Code 1981, § 37-7-94 , enacted by Ga. L....
§ 37-7-95. Discharge of Patients Under Criminal Charges - Notwithstanding any other provisions of any part of this article,...
§ 37-7-100. Placement and Transfer of Patients Generally - History. Code 1933, § 88-406.4, enacted by Ga. L. 1971,...
§ 37-7-101. Transportation of Patients Generally - History. Code 1933, § 88-402.17, enacted by Ga. L. 1978,...
§ 37-7-102. Transfer 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 - History. Code 1933, § 88-407.4, enacted by Ga. L. 1978,...
§ 37-7-103. Procedure for Transfer of Georgia Residents From Out-of-State Hospitals to Georgia Hospitals - Upon application to the department by a parent, spouse, next...
§ 37-7-104. Procedure Upon Discovery That a Patient Hospitalized in Georgia Is Not a Resident - If a hospitalized patient is discovered not to be a...
§ 37-7-120. Effect of Inability to Pay on Right to Care and Treatment - It is the policy of this state that no person...
§ 37-7-121. Liability for Expenses of Transporting, Examining, and Caring for Patients - History. Code 1933, § 88-407.7, enacted by Ga. L. 1978,...
§ 37-7-122. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter - History. Code 1933, § 88-407.2, enacted by Ga. L. 1978,...
Article 6 - Rights and Privileges of Patients, Their Representatives, and Others Generally
§ 37-7-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process - Patients shall retain all rights and privileges granted other persons...
§ 37-7-141. Patients’ Right to Legal Counsel - It shall be the responsibility of the department to see...
§ 37-7-142. Right 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 T... - History. Code 1933, § 88-402.7, enacted by Ga. L. 1978,...
§ 37-7-143. 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....
§ 37-7-144. Patients’ Right to Vote - Each patient in a facility who is eligible to vote...
§ 37-7-145. Employment of Patients Outside Facilities - If a patient wishes to be employed outside a facility...
§ 37-7-146. Education of Children Undergoing Treatment in a Facility - The rights of any child under treatment in a facility...
§ 37-7-147. Appointment of Patient Representatives and Guardians Ad Litem; Notice Provisions; Duration and Scope of Guardianship Ad Litem - History. Code 1933, § 88-402.18, enacted by Ga. L. 1978,...
§ 37-7-148. Rights of Patients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by This Chapter - History. Code 1933, § 88-406.2, enacted by Ga. L. 1971,...
§ 37-7-149. Establishment of Patients and Staff Complaint Procedures; Making of Final Decisions; Complaint Procedures as Alternative to Legal Remedies - Each facility shall establish procedures whereby complaints of the patient...
§ 37-7-150. [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 of Patient to Subsequent Appeal; Right of Patient to Legal Counsel on Appeal - The patient, the patient’s representatives, or the patient’s attorney may...
§ 37-7-150. [Effective July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right of Patient to Subsequent Appeal; Right of Patient to Legal Counsel on Appeal - The patient, the patient’s representatives, or the patient’s attorney may...
§ 37-7-160. Individual Dignity of Patients to Be Respected; Treatment of Alcoholics and Drug Abusers as Medical Patients; Use of Criminal Facilities and Procedures - The patient’s dignity as an individual shall be respected at...
§ 37-7-161. 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...
§ 37-7-162. Patient’s Care and Treatment Rights - History. Code 1933, § 88-402.4, enacted by Ga. L. 1978,...
§ 37-7-163. Recognition 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 Sectio... - History. Code 1933, § 88-406.8, enacted by Ga. L. 1977,...
§ 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 - History. Code 1933, § 88-402.24, enacted by Ga. L. 1980,...
§ 37-7-165. Mistreatment, Neglect, or Abuse of Patients; Use of Medication, Seclusion, or Physical Restraints - History. Code 1933, § 88-402.5, enacted by Ga. L. 1978,...
§ 37-7-166. Maintenance, Confidentiality, and Release of Clinical Records; Disclosure of Confidential or Privileged Patient Information - (1.1) A copy of the record of a deceased patient...
§ 37-7-167. 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, § 88-402.13, enacted by Ga. L. 1978,...
§ 37-7-168. Right 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 - The patient’s attorney shall have the right, at reasonable times,...
Chapter 9 - Payment of Expenses for Support, Treatment, and Care of Patients in State Institutions Generally
§ 37-9-1. Short Title - This chapter shall be known and may be cited as...
§ 37-9-2. Definitions - As used in this chapter, the term: History. Ga. L....
§ 37-9-3. Payment for Cost of Care as Not Affecting Nature or Quality of Care - Care rendered to all patients in state hospitals shall be...
§ 37-9-4. Liability of Patient for Cost of Care; Time of Payment; Inability of Department to Collect Assessment From Patient or Failure of Patient’s Assessment to Cover Cost of Care - Each patient receiving services from a state hospital shall be...
§ 37-9-5. Assessment of Persons Liable for Cost of Care Generally - History. Ga. L. 1960, p. 1138, §§ 6, 9, 10;...
§ 37-9-6. Standards for Determination of Assessments for Less Than Full Cost of Care - The board shall establish standards for determining assessments when such...
§ 37-9-7. Inquiry Into and Determination of Income and Assets; Declarations by Persons Liable for Cost of Care; Access to Income Tax Records; Confidentiality; Attestation of Indigent Financial Status - History. Ga. L. 1960, p. 1138, § 3; Ga. L....
§ 37-9-8. Use of Assets Other Than Income for Determination of Assessments; Assets Exempt From Determination; Levy of Assessment - History. Ga. L. 1979, p. 834, § 7; Ga. L....
§ 37-9-9. Exhaustion of Benefits Under Other Programs or Plans Required Prior to Expenditure of Public Funds; Determination of Assessments; Assignment of Benefits; Subrogation - Notwithstanding any other provisions of law, the department shall not...
§ 37-9-10. Hearings - Hearings shall be held in accordance with Chapter 13 of...
§ 37-9-11. Billing by Department; Authority to Maintain Action for Collection - The department shall bill persons liable for cost of care...
§ 37-9-13. Promulgation of Rules and Regulations by Board - The board shall have the authority to promulgate necessary rules...
Chapter 10 - Interstate Compact on Mental Health
§ 37-10-1. Short Title - This chapter shall be known and may be cited as...
§ 37-10-2. Interstate Compact on Mental Health - The Interstate Compact on Mental Health is enacted into law...
§ 37-10-3. Applicability of Certain Enforcement and Administrative Provision to This Chapter - The provisions of Code Sections 37-1-23, 37-1-41, 37-1-50 through 37-1-53,...
Chapter 11 - Psychiatric Advance Directive
§ 37-11-1. Short Title - This chapter shall be known and may be cited as...
§ 37-11-2. Purpose - This chapter is enacted in recognition of the fundamental right...
§ 37-11-3. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 37-11-4. Execution of Psychiatric Advance Directive; Appointment of Mental Health Care Agent - History. Code 1981, § 37-11-4 , enacted by Ga. L....
§ 37-11-5. Designation of Agent; Authority; Removal by Court - History. Code 1981, § 37-11-5 , enacted by Ga. L....
§ 37-11-6. Rights of Agent - History. Code 1981, § 37-11-6 , enacted by Ga. L....
§ 37-11-7. Persons Ineligible to Serve as Agents - The following persons shall not serve as a declarant’s agent:...
§ 37-11-8. Withdrawal by Agent - An agent may withdraw by giving written notice to a...
§ 37-11-9. Witness Requirement; Period of Validity; Civil Liability of Witnesses; Copies - History. Code 1981, § 37-11-9 , enacted by Ga. L....
§ 37-11-10. Revocation; Effect of Marriage or Appointment of Guardian - History. Code 1981, § 37-11-10 , enacted by Ga. L....
§ 37-11-11. Inclusion in Medical Record; Continuing Consent - History. Code 1981, § 37-11-11 , enacted by Ga. L....
§ 37-11-12. Compliance by Providers and Facilities With Directive; Obligations; Transfers; Payment Assurances - History. Code 1981, § 37-11-12 , enacted by Ga. L....
§ 37-11-13. Immunity From Liability or Disciplinary Action for Health Care Providers - History. Code 1981, § 37-11-13 , enacted by Ga. L....
§ 37-11-14. Immunity for Law Enforcement - A law enforcement officer who uses a declarant’s valid psychiatric...
§ 37-11-15. Application; Usage of Form; Use of Substantially Similar Forms - History. Code 1981, § 37-11-15 , enacted by Ga. L....
§ 37-11-16. Form - GEORGIA PSYCHIATRIC ADVANCE DIRECTIVE By: Date of Birth: (Print Name)...
Chapter 12 - Georgia Behavioral Health and Peace Officer Co-Responder Programs
§ 37-12-1. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 37-12-2. Co-Responder Partnership Programs; Operations and Transportation - History. Code 1981, § 37-12-2 , enacted by Ga. L....
§ 37-12-3. Identification of Entities Responding to Emergency Calls - Every county shall retain a written list available for public...
§ 37-12-4. Contracting With Behavioral Health Professionals for Participation as Community Service Board Team Member; List of Emergency Receiving Facilities - History. Code 1981, § 37-12-4 , enacted by Ga. L....
§ 37-12-5. Role of Law Enforcement Agencies - History. Code 1981, § 37-12-5 , enacted by Ga. L....
§ 37-12-6. Crisis Intervention Team Training - History. Code 1981, § 37-12-6 , enacted by Ga. L....
§ 37-12-7. Notification of Co-Responder Team of Emergencies - When an emergency call involving an individual’s behavioral health crisis...
§ 37-12-8. Co-Responder Protocol Committee; Role - Each community service board shall establish a co-responder protocol committee...
§ 37-12-9. Role of Community Service Boards Following Response - When a co-responder team responds to a behavioral health crisis,...
§ 37-12-10. Identification of Individuals Better Served by Behavioral Health System Than Criminal Justice System; Referral System - History. Code 1981, § 37-12-10 , enacted by Ga. L....
§ 37-12-11. Record Keeping; Annual Reporting - History. Code 1981, § 37-12-11 , enacted by Ga. L....
§ 37-12-12. Funding and Budgeting; Collaboration - History. Code 1981, § 37-12-12 , enacted by Ga. L....
§ 37-12-13. Liability - Any peace officer, law enforcement agency, community service board, community...
§ 37-12-14. Statutory Construction - Nothing in this chapter shall be construed as creating an...