Continuation of confinement of patient; report required; hearing

(a) If it is necessary to continue confinement of a committed patient beyond a period of two years ordered by a court or hearing examiner or authorized under subsection (d) of this Code section, the designated responsible physician of the tuberculosis inpatient unit shall review and update the patient’s treatment plan and shall prepare a report giving evidence of the necessity of such continued confinement. The report shall be prepared so as to allow sufficient time for the hearing authorized by this Code section to be conducted before the expiration of 742 31-14-8.1 HOSPITALIZATION FOR TUBERCULOSIS 31-14-8.1 the two-year period of confinement. The report shall specify that, based upon clinical or X-ray evidence: (1) The patient is a person having active tuberculosis requiring continued commitment; or (2) The patient is a person having active tuberculosis with a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drug-resistant tuberculosis. The likelihood of noncompliance must be based upon a history of noncompliance with treatment. (b) Such report shall be filed in the patient’s medical record. A copy of the report shall be personally served on the patient along with a statement that the patient may, within 15 days after service of the report, file a request for a hearing to be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ except as otherwise provided in this chapter, that the patient has a right to counsel at the hearing, that the patient may apply immediately to the superior court in the county where the committed patient is confined to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that he or she does not desire to be represented by counsel or has made his or her own arrangements for counsel. Payment for such court appointed representation shall be made by the department. The hearing may be continued as necessary to allow the appointment of counsel. (c) If a hearing is requested within 15 days of service of the report on the patient, the hearing examiner shall set a time and place for the hearing to be held within 15 days of the time the hearing examiner receives the request. The hearing examiner may set a hearing if a request is made later than 15 days after service of the report if good cause is shown for the delay in making the request. Notice of the hearing shall be personally served on the patient, the hospital or facility, and, when appropriate, on counsel for the patient. Such hearing shall be a full and fair hearing, as described in Code Section 31-14-3, before a hearing examiner. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under Code Section 31-14-7. (d) If a hearing is not requested within 15 days of service of the report on the patient, the department shall be authorized to continue confinement of the patient for an additional period not to exceed six months. History. — Code 1981, § 31-14-8.1, enacted by Ga. L. 1995, p. 1231, § 2; Ga. L. 2005, p. 1513, § 1/SB 56. 743 31-14-8.2 HEALTH 31-14-9 31-14-8.2. Appeal from orders of superior court or hearing examiner; costs; right to counsel. Either party may appeal any order of the superior court or hearing examiner in a proceeding under this chapter. An order of the superior court may be appealed to the Court of Appeals or the Supreme Court as provided by law but shall be heard as expeditiously as possible. The appeal of an order of a hearing examiner shall be to the superior court of the county in which the proceeding was held. The review shall be conducted by the superior court without a jury and shall be confined to the record. The court, upon request, may hear oral argument and receive written briefs. The patient must pay his or her costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The parties shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel on appeal or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided in this Code section are in addition to any other appeal rights which the parties may have. History. — Code 1981, § 31-14-8.2, enacted by Ga. L. 1995, p. 1231, § 2; Ga. L. 2005, p. 1513, § 1/SB 56; Ga. L. 2016, p. 883, § 3-13/HB 927. Editor’s notes. — Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Appellate Jurisdiction Reform Act of 2016.’ ’’ Ga. L. 2016, p. 883, § 6-1(c)/HB 927, not codified by the General Assembly, provides that: ‘‘Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date.’’