Title 37 — Title 37
0 chapters · 207 sections in this title.
O.C.G.A. § 37-7-1 Definitions
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As used in this chapter, the term: (1) ‘‘Alcoholic’’ means a person who habitually lacks self-control as to the use of alcoholic beverages or who uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is s…
O.C.G.A. § 37-7-100 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 37-7-7, to which the patient is to be admitted, if the departm…
O.C.G.A. § 37-7-101 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 the patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of th…
O.C.G.A. § 37-7-102 Evaluating facilities
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Involuntary patient treatment, etc. Notice of transfer, §37-7-65. Generally, §37-7-100. Nonresidents hospitalized in state. Disposition, §37-7-104. Procedure upon discovery, §37-7-104. Placement and transfer of patients generally, §37-7-100. Procedure for transfer to state hospit…
O.C.G.A. § 37-7-120 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 alcoholism, drug dependency, or drug abuse 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…
O.C.G.A. § 37-7-122 Right to care and treatment
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Inability to pay. Public policy against denial of care and treatment, §37-7-120. Policy of state, §37-2-1. SUBSTANCE ABUSE —Cont’d Private facilities. Approval as emergency receiving facilities, evaluating facilities or treatment facilities, §37-7-7. Defined, §37-7-1. Powers and d…
O.C.G.A. § 37-7-141 Patients’ right to legal counsel
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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 telephones. 37-7-143. Patients’ r…
O.C.G.A. § 37-7-142 MALINGERING
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Code of military justice, §38-2-1115. MALWARE. State departments and agencies. Cyber attacks and data breaches, sharing and reporting, §38-3-22.2. MAPS AND PLATS. Emergency management. Building mapping information system for first responders, §§38-3-150 to 38-3-153. MARIJUANA.
O.C.G.A. § 37-7-143 Treble damages
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Emergency management and homeland security. Agency nomenclature act. Right of action by private individual, §38-3-147. DATA BREACHES. State departments and agencies. Cyber attacks and data breaches, sharing and reporting, §38-3-22.2. DAY-CARE CENTERS. Developmentally disabled, §§…
O.C.G.A. § 37-7-144 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 referen314 37-7-144 HOSPITALIZATION, ETC., OF ALCOHOLICS, ETC. 37-7-146 dums. The superintendent or regional state hospital administrator of each …
O.C.G.A. § 37-7-145 SUPERIOR COURTS
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Emergency management and homeland security. Agency nomenclature act. Injunction of violation, §38-3-145. SURGERY. Emergency surgery, §§37-3-163, 37-3-164, 37-4-123, 37-7-163. Mentally impaired patients, §§37-3-163, 37-3-164, 37-4-123. Physician liability, §37-3-163. Substance abu…
O.C.G.A. § 37-7-146 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. § 37-7-147 Notice generally, §37-7-147
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Health officials. Immunity from liability, §37-7-5. Hearing expenses. Payment of expenses incurred in connection with, §37-7-122. Hospitalization orders. Validity of orders entered before September 1, 1978, §37-7-4. Immunity. Physicians, peace officers, etc., §37-7-5. Individual …
O.C.G.A. § 37-7-149 Continued involuntary hospitalization
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Orders authorizing hospitalization before September 1, 1978, §37-7-4. SUBSTANCE ABUSE —Cont’d Rules and regulations —Cont’d Orders authorizing continued hospitalization entered before September 1, 1978, §37-7-4. Practice and procedure, §37-1-23. Procedure for adopting, §37-1-41. …
O.C.G.A. § 37-7-162 Patient’s care and treatment rights
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(a) Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse 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…
O.C.G.A. § 37-7-163 Developmentally disabled
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Rights and privileges of mentally retarded persons undergoing habilitation. Prohibited acts as to use of medication, §37-4-124. Right to be free from adverse effects of medication when appearing at hearings, §37-4-123. Right to be fully informed concerning medication, §37-4-122. …
O.C.G.A. § 37-7-165 Voting, §37-7-144
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Rules and regulations, §37-1-40. Board of human services. Rulemaking authority, §37-7-2. Clinical records, §37-7-167. Complaints adjudication procedures, §37-7-149. Continued involuntary hospitalization.
O.C.G.A. § 37-7-166 Emergency receiving facilities
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Admission based on physician’s certification or court order, §37-7-41. Admission of persons arrested for penal offenses, §37-7-42. Authority of psychologists, licensed professional counselors, clinical social workers or clinical nurse specialists, §37-7-41. Judicial supervision of…
O.C.G.A. § 37-7-167 Maintenance, §37-7-166
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Right of patient to examine, §37-7-167. Right of patient to request correction of inaccuracies, §37-7-167. Community service boards. Defined, §37-1-1. Confidentiality of information. Classification by department, §37-1-53. Patient’s clinical records, §37-7-166. Sealing of files and r…
O.C.G.A. § 37-7-168 Care and treatment
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Inability to pay. Public policy against denial of right to care and treatment, §37-7-120. Censorship of patient correspondence, §37-7-142. Complaints adjudication procedures, §37-7-149. Consultation about condition and treatment, §37-7-162. Consultation with facility. Patient or …
O.C.G.A. § 37-7-2 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 265 37-7-2 alcoholics, drug dependent individuals, or drug abusers, as set forth in Code Sections 37-7-100, 37-7-101, and 37-7-120, and Article…
O.C.G.A. § 37-7-20 PATIENT COST OF CARE ACT
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General provisions, §§37-9-1 to 37-9-13. Short title, §37-9-1.
O.C.G.A. § 37-7-21 Definitions
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Authority of board to issue regulations; powers of department generally. Coordination of state drug and alcohol abuse programs. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued hospitalization of patients hosp…
O.C.G.A. § 37-7-22 Periodic notice of rights
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Notification to patients, §37-7-23. Recovery of patient. Discharge from facility, §37-7-21. Termination of need for hospitalization. Discharge of patient, §37-7-21. Transfer of involuntary patients to voluntary status, §37-7-24. Discharge of transferred patient charged with crimin…
O.C.G.A. § 37-7-23 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 37-7-20 or transferred to voluntary status under Code Section 37-7-24 shall be notified in writing of his right to discharge upon application under Code Sec…
O.C.G.A. § 37-7-24 History
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— Code 1933, § 88-404.2, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-403.2, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1991, p. 1059, § 4; Ga. L. 1992, p. 1902, § 16. 37-7-22. Right of voluntary patient to discharge upon application; procedure on denial of application …
O.C.G.A. § 37-7-3 Coordination of state drug and alcohol abuse programs
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All programs conducted by state agencies with respect to drug and alcohol abuse, except the regulation of the sale or dispensation of drugs and related products by the Board of Pharmacy pursuant to Georgia laws and the investigation of criminal conduct pertaining to illegal drugs…
O.C.G.A. § 37-7-4 INTERNET
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Minors. Online safety, §§39-5-1 to 39-5-4. Safety for minors, §§39-5-1 to 39-5-4. Definitions, §39-5-1. Immunity of computer service providers, §39-5-3. Notice to subscribers of products to control minor’s use of Internet, §39-5-2. Products to control minor’s use of Internet, §39-…
O.C.G.A. § 37-7-41 Clinical social worker, §37-7-41
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Licensed professional counselor, §37-7-41. 785 INDEX SUBSTANCE ABUSE —Cont’d Definitions —Cont’d Psychologist, §37-7-41. Department of behavioral health and development disabilities. Created, functions, duties, commissioner, §37-1-4. Disability defined, §37-1-1. Disability services…
O.C.G.A. § 37-7-42 Outpatient treatment
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Discharge of patients under criminal charges, §37-7-95. Transfer of involuntary patients to voluntary status. Discharge of transferred patient charged with criminal offense, §37-7-24. Definitions, §§37-1-1, 37-2-2.
O.C.G.A. § 37-7-43 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. § 37-7-44 Procedure upon admission; notice of proposed discharge
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Giving patient and his representatives notice of their rights upon patient’s admission to emergency receiving facility. PART 2 Sec. 37-7-83. 37-7-84. 37-7-85. EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS 37-7-60. 37-7-61. 37-7-…
O.C.G.A. § 37-7-6 Code of military justice, §38-2-1095
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Assisting in prisoner’s escape, §38-2-1096. ESCAPE —Cont’d Developmentally disabled patients. Apprehension by police officer, §37-4-7. Mentally ill patients. Apprehension by peace officer authorized, §37-3-5. ESSENTIALS. Emergency management. Definition of essentials, §38-3-58. Tr…
O.C.G.A. § 37-7-60 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 37-7-61 through 37-7-65, patients found in any …
O.C.G.A. § 37-7-61 Petition 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. § 37-7-64 Outpatient treatment
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Discharge of persons meeting criteria, §37-7-91. Petition for court ordered evaluation, §37-7-61. Hearing on petition for, §37-7-62. Procedure upon issuance of order for evaluation, §37-7-62. 786 INDEX SUBSTANCE ABUSE —Cont’d Involuntary patient treatment, etc. —Cont’d Evaluating…
O.C.G.A. § 37-7-7 Designation, §37-7-40
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Discharge. Persons meeting outpatient treatment criteria, §37-7-91. Notice of proposed discharge, §37-7-43. Notice of rights upon admission to emergency receiving facility, §37-7-44. Outpatient treatment.
O.C.G.A. § 37-7-80 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. § 37-7-81.1 Disposition of patient upon hearing
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(a) At those hearings required under subsection (c) of Code Section 37-7-81 and subsection (a) of Code Section 37-7-92, the court shall determine whether the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and, if so, 289 37-…
O.C.G.A. § 37-7-83 Procedure for continued involuntary hospitalization
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(a) If it is necessary to continue involuntary treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period, s…
O.C.G.A. § 37-7-84 CONTRACTS
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Breach of obligations. Emergency volunteer health practitioners. Volunteer health practitioners. Liability of practitioners, §38-3-170. Mental health services.
O.C.G.A. § 37-7-85 Outpatient treatment
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Discharge from treatment, §37-7-95. Patients under criminal charges, §37-7-95. Hearing on petition by receiving facility, §37-7-92. Interim outpatient treatment, §37-7-91. Physician’s petition to extend.
O.C.G.A. § 37-7-91 Physician’s petition to extend
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Court order for outpatient treatment, §37-7-93. Performance of emergency surgery, etc., §37-7-163. Representatives, guardians ad litem and patients generally, §37-7-147. Right of patient to be informed and consulted about condition and treatment, §37-7-162. Voluntary patient trea…
O.C.G.A. § 37-7-92 Waiver of hearing, §37-7-92
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Physician’s determination and certification, §37-7-90. Court order for outpatient treatment, §37-7-93. Preparation of service plan by referring facility, §37-7-91. Reviews of individualized treatment plans, §37-7-94. Treatment as inpatient or outpatient, §37-7-90. Payment of patie…
O.C.G.A. § 37-7-94 Designation of treatment facilities
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37-7-81. Procedure for detention of patient beyond evaluation period; hearing. 37-7-81.1. Disposition of patient upon hearing. 37-7-82. Procedure upon failure of or noncompliance with involuntary outpatient treatment plan. Procedure for continued involuntary hospitalization. Appo…
O.C.G.A. § 37-7-95 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…