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Article 1 - General Provisions
§ 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....
Article 2 - Hospitalization and Treatment of Voluntary Patients
§ 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...
Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients
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,...
Part 2 - Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness
§ 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...
Part 3 - Determination of Need for Treatment, Admission to Treatment Facilities
§ 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,...
Article 4 - Placement, Transfer, and Transportation of Patients Generally
§ 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...
Article 5 - Payment of Expenses of Patient Care and Transportation Generally
§ 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
Part 1 - General Provisions
§ 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...
Part 2 - Rights and Privileges as to Manner of Care and Treatment and as to Maintenance and Release of Clinical Records
§ 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,...