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Article 1 - General Provisions
§ 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....