Title 37 — Title 37
0 chapters · 207 sections in this title.
O.C.G.A. § 37-3-1 Definitions
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As used in this chapter, the term: (.1) ‘‘Available outpatient treatment’’ means outpatient treatment, either public or private, available in the patient’s community, including but not limited to supervision and support of the patient by family, friends, or other responsible pers…
O.C.G.A. § 37-3-100 Placement and transfer of patients generally
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(a) The department may designate the state owned or state operated facility to which a patient is to be admitted under this chapter. The department may instead designate a private facility, approved under Code Section 37-3-6, to which the patient is to be admitted, if the departm…
O.C.G.A. § 37-3-101 Transportation of patients generally
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(a) The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the …
O.C.G.A. § 37-3-102 Federal hospitals and institutions
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Located in state, §37-3-102. Generally, §37-3-100. Liability for certain expenses, §37-3-121. Nonresident patients.
O.C.G.A. § 37-3-104 Out-of-state hospitals
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Transfers of state residents from out-of-state hospitals, §37-3-103. State residents from out-of-state hospitals. Procedure for transfer to state hospitals, §37-3-103. Transportation of patients. Generally, §37-3-101. Trespass. Psychiatric hospitals. Abandoning or leaving patient…
O.C.G.A. § 37-3-120 Effect of inability to pay on right to care and treatment
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It is the policy of this state that no person shall be denied care and treatment for mental illness nor shall services be delayed at a facility of the state or a political subdivision of the state because of inability to pay for such care and treatment. History. — Code 1933, § 88…
O.C.G.A. § 37-3-121 Nonresident patients
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Hospitalized in state. Procedure upon discovery, §37-3-104. Out-of-state hospitals.
O.C.G.A. § 37-3-122 Hospitalization and treatment
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Alcoholics, drug dependent individuals and drug abusers. Determination of need for treatment, admission to treatment facilities, etc., §§37-7-80 to 37-7-85. Emergency receiving facilities for examination of persons apprehended pursuant to physician’s certificate, court order, etc.…
O.C.G.A. § 37-3-141 Patients’ right to legal counsel
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It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may b…
O.C.G.A. § 37-3-142 Clinical records
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Appointment of patient representatives and guardians ad litem, §37-3-147. Confidentiality, §37-3-166. Defined, §37-3-1. Disclosure of confidential information, §37-3-166. Entry of use of physical restraints, §37-3-165. Release of information to patient’s attorney, §37-3-168. Right o…
O.C.G.A. § 37-3-143 Military property or funds
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Lost or damaged equipment, §38-2-32. Punitive damages. Emergency management and homeland security. Agency nomenclature act. Right of action by private individual, §38-3-147. Substance abusers. Liability for loss of or damage to patients’ personal effects, §37-7-143. Treble damage…
O.C.G.A. § 37-3-144 Patients’ right to vote
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Each patient in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist patients: (1) To obta…
O.C.G.A. § 37-3-145 Employment of patients outside facilities
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If a patient wishes to be employed outside a facility and if such employment will aid in the patient’s treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patie…
O.C.G.A. § 37-3-146 Education of children undergoing treatment in a facility
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The rights of any child under treatment in a facility to an appropriate education at public expense shall not be abridged during hospitalization; and the special educational needs of each child shall be individually considered and respected. The Department of Behavioral Health an…
O.C.G.A. § 37-3-148 Substance abusers
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Right of patients to petition for writ of habeas corpus, §37-7-148. HABILITATION OF THE DEVELOPMENTALLY DISABLED. General provisions, §§37-4-1 to 37-4-127. HARD LABOR.
O.C.G.A. § 37-3-149 Due process, §37-3-140
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Education of children undergoing treatment in a facility, §37-3-146. Employment of patients outside facilities, §37-3-145. Habeas corpus, §37-3-148. Inability to pay. Public policy against denial of right to care and treatment, §37-3-120. MENTAL HEALTH —Cont’d Rights of patients …
O.C.G.A. § 37-3-150 Immunity
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Developmentally disabled, §37-4-6. Mentally ill patients, §37-3-4. Substance abusers, §37-7-5. Mental health, developmental disabilities, addictive disease services. Community service boards. Employment or contract for legal counsel, §37-2-11.1. Regional offices, regional plannin…
O.C.G.A. § 37-3-162 Patients’ care and treatment rights
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(a) Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and hum…
O.C.G.A. § 37-3-163 Psychiatric treatment, §37-3-162
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Receive visitors, §37-3-142. Recognition of patient’s physical integrity, §37-3-163. Refuse medication, §37-3-163. Representative to consult with facility, §37-3-164. Restriction of patient correspondence, §37-3-142. Retention of rights and privileges by patients generally, §37-3…
O.C.G.A. § 37-3-167 Maintenance, §37-3-166
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Release of information to patient’s attorney, §37-3-168. Right of patient to examine, §37-3-167. Right of patient to request correction of inaccuracies, §37-3-167. Code of military justice. Mental disease or defect. Defense, §38-2-1050.1. Community service areas. Boundaries for c…
O.C.G.A. § 37-3-168 Substance abusers
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Appointment of, §37-7-147. Duration and scope of guardianship ad litem, §37-7-147. Notice generally, §37-7-147. GUARDS. Code of military justice. Drunk or sleeping on post, §38-2-1113. GUILTY PLEAS. Code of military justice. Courts-martial. Effect of guilty plea, §38-2-1045. GYMN…
O.C.G.A. § 37-3-2 Authority of board to issue regulations; powers of department generally
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(a) The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of the mentally ill, as set forth in Code Sections 37-3-100, 37-3-101, and 37-3-120, and Article 6 of this chapter. (b) In addition to the other p…
O.C.G.A. § 37-3-22 Transportation of patients
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Generally, §37-3-101. Warrants. Inspection warrants. Enforcement of mental health law, §§37-1-70 to 37-1-74. MENTAL ILLNESS. Defined, §37-1-1. MENTALLY ILL. Defined, §37-1-1. METHADONE TREATMENT CENTERS. Community mental health centers. Defined as including, §37-7-1. METHAMPHETAMINE…
O.C.G.A. § 37-3-23 Giving voluntary patients periodic notice of rights
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At the time of his admission and each six months thereafter, any voluntary patient admitted to a facility under Code Section 37-3-20 or transferred to voluntary status under Code Section 37-3-24 shall be notified in writing of his right to discharge upon application under Code Sec…
O.C.G.A. § 37-3-24 History
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— Ga. L. 1874, p. 91, § 1; Code 1882, § 1344a; Ga. L. 1884-85, p. 61, § 1; Civil Code 1895, § 1416; Civil Code 1910, § 1578; Ga. L. 1931, p. 7, § 41; Code 1933, § 35-206; Ga. L. 1952, p. 94, § 2; Ga. L. 1958, p. 697, § 3; Ga. L. 1960, p. 837, § 3; 133 Code 1933, § 88-503, enacted…
O.C.G.A. § 37-3-4 Substance abuse
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Immunity from liability of health officials, §37-7-5. Rights of patients and their representatives. Recognition of patients’ physical integrity, §37-7-163. GEORGIA EMERGENCY COMMUNICATIONS AUTHORITY ACT. Generally, §§38-3-180 to 38-3-191. Short title, §38-3-180. GEORGIA EMERGENCY…
O.C.G.A. § 37-3-41 Substance abuse, §37-7-41
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Clinical record. Habilitation of developmentally disabled, §37-4-2. Mental illness, §37-3-1. Office of disability services ombudsman, §37-2-30. Substance abuse, §37-7-1. Clinical social worker. Mental health, §37-3-41. Substance abuse, §37-7-41. Commanders. Code of military justi…
O.C.G.A. § 37-3-42 Militia
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Amusement places. Exclusion of uniformed military personnel from, §38-2-281. Code of military justice. General provisions, §§38-2-1000 to 38-2-1145. Conversion of military property, §38-2-274. Unauthorized military bodies, §38-2-277. Unorganized militia.
O.C.G.A. § 37-3-43 Procedure upon admission; notice of proposed discharge
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(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be discharged wit…
O.C.G.A. § 37-3-44 Proposed discharge, §37-3-43
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758 INDEX MENTAL HEALTH —Cont’d Involuntary patient treatment, etc —Cont’d Emergency receiving facilities —Cont’d Notification requirements —Cont’d Rights of patients, §37-3-44. Procedure upon admission, §37-3-43. Reports by department to legislature, §37-3-41. Reports to departme…
O.C.G.A. § 37-3-5 Physical restraints
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Generally, §37-3-165. Physicians. Confidential communications. Authority of examining physician to give evidence as to, §37-3-166. Defined, §37-1-1. Immunity from liability, §37-3-4. Performance of emergency surgery, etc., in cases of grave emergency. Immunity of physician from lia…
O.C.G.A. § 37-3-60 Designation of evaluating facilities
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Any state owned or state operated facility may be designated by the department as an evaluating facility. The department shall maintain an evaluating facility at each Georgia regional hospital which shall accept, under Code Sections 37-3-61 through 37-3-65, patients found in any …
O.C.G.A. § 37-3-61 Initiation of proceedings for court ordered evaluation
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Proceedings for a court ordered evaluation may be initiated in the following manner: (1) Any person may file an application executed under oath with the community mental health center for a court ordered evaluation of a person located within that county who is alleged by such appl…
O.C.G.A. § 37-3-62 Contents of notice, §37-3-62
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Hearing on petition, §37-3-62. Patient’s right to counsel, §37-3-62. Procedure upon issuance of order for evaluation, §37-3-62. Waiver of hearing by patient, §37-3-62. Procedure for designation of, §37-3-60. Request for transfer to another facility, §37-3-65. Transfer to another …
O.C.G.A. § 37-3-63 Issuance of order for evaluation
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Procedure upon issuance, §37-3-62. Length of period of detention, §37-3-64. Notification requirements.
O.C.G.A. § 37-3-64 Inspection warrants
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Enforcement of mental health law. Evidence obtained not competent in criminal proceeding, §37-1-74. CRIMINAL LAW AND PROCEDURE —Cont’d Mental health —Cont’d Involuntary outpatient care. Discharge of patients under criminal charges, §37-3-95. Involuntary patient treatment, etc. Em…
O.C.G.A. § 37-3-65 Designation of evaluating facilities
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Initiation of proceedings for court ordered evaluation. 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 evaluati…
O.C.G.A. § 37-3-7 Abandoning or leaving patients on grounds of psychiatric hospital
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Any person who abandons or leaves any patient on the grounds of any state owned or state operated psychiatric hospital without the permission of the regional state hospital administrator of the hospital commits the offense of criminal trespass. History. — Ga. L. 1918, p. 274, § 1…
O.C.G.A. § 37-3-8 Definitions
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Authority of board to issue regulations; powers of department generally. 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. Immunit…
O.C.G.A. § 37-3-80 Designation of treatment facilities
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Any state owned or state operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other fa…
O.C.G.A. § 37-3-81 Grijalva v
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United States, 289 F. Supp. 2d 1372 (M.D. Ga. 2003). Trial court erred in denying a recommendation filed by the Department of Behavioral Health and Developmental Disabilities that a patient be moved to a group home for outpatient involuntary treatment because the preponderance of …
O.C.G.A. § 37-3-81.1 Disposition of patient upon hearing
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(a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpat…
O.C.G.A. § 37-3-82 Notification requirements
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Discharge or transfer to voluntary status, §37-3-85. Disposition of patient upon hearing, §37-3-81.1. Outpatient treatment plan. Procedure upon failure or noncompliance with, §37-3-82. Periodic review of individualized service plan, §37-3-85. 759 INDEX MENTAL HEALTH —Cont’d Invol…
O.C.G.A. § 37-3-83 Procedure for continued involuntary hospitalization
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(a) If it is necessary to continue involuntary treatment of a hospitalized person who has mental illness beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain such person, the chief medical officer prior to the expir…
O.C.G.A. § 37-3-84 Procedure for, §37-3-83
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Validity of hospitalization orders entered before September 1, 1978, §37-3-3. Defined, §37-3-1. Designation of, §37-3-80. Discharge decisions. Designation of physician, §37-3-85. Notice of discharge or transfer to voluntary status, §37-3-85. Disposition of patient upon hearing, §3…
O.C.G.A. § 37-3-85 Transfer to voluntary status
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Notification requirements, §37-3-85. Least restrictive alternative placement. Securing of, §37-3-161. Legislative findings, §37-1-2. Liability for certain expenses. Transporting, examining and caring for patients, §37-3-121. Local offices for mental health, developmental disabiliti…
O.C.G.A. § 37-3-91 Discharge of persons meeting outpatient care criteria
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(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of …
O.C.G.A. § 37-3-93 Review of petition, §37-3-93
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Reviews of individualized service plans, §37-3-94. Transportation of patients. Generally, §37-3-101. Treatment of patient as inpatient or outpatient, §37-3-90. Treatment upon waiver of hearing, §37-3-92. Involuntary patient treatment, etc, §§37-3-40 to 37-3-85. Emergency receivin…
O.C.G.A. § 37-3-95 Discharge of patients under criminal charges
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Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail or statutory overnight d…