Title 37 — Title 37
0 chapters · 207 sections in this title.
O.C.G.A. § 37-2-46 Notification of consumer’s death; time limits
1.0K chars
(a) Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumer’s discharge from a state hospital or state o…
O.C.G.A. § 37-2-47 Scope of part
1.2K chars
Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumer…
O.C.G.A. § 37-2-5 NEWLY DISCOVERED EVIDENCE
0.2K chars
Code of military justice. New trial. Grounds, §38-2-1073. NEWSPAPER CARRIERS. Child labor, §39-2-6. NEWSPAPERS. Child labor. Sale or delivery of newspapers, §39-2-6. Hours of work, §39-2-6.
O.C.G.A. § 37-2-5.1 Allocation of funds
3.4K chars
(a) State, federal, and other funds appropriated to the department and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a gi…
O.C.G.A. § 37-2-5.2 Local offices — Duties, functions, and powers
35.3K chars
Under the supervision of the department, each local office shall have the following duties and functions: (1) To receive and administer gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (2) To encourag…
O.C.G.A. § 37-2-50 Additional powers and duties
0.7K chars
Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and att…
O.C.G.A. § 37-2-6 Editor’s notes
0.6K chars
— Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the …
O.C.G.A. § 37-2-6.1 Boundaries, §37-2-3
1.6K chars
Budget. Governing board, duties, §37-2-6.1. Bylaws, §37-2-6. Carry forward of fund balances and accounts, §37-2-6.1. Cessation of operations, §§37-2-6.5, 37-2-10. Chairperson, vice chairperson, §37-2-6.1. Clinical records, §37-2-11.2. Conflicts of interest, §37-2-6.1. Contracts. E…
O.C.G.A. § 37-2-6.3 Public body; lawsuits; debts, obligations, and liabilities
1.2K chars
(a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from…
O.C.G.A. § 37-2-6.4 Records
1.5K chars
Clinical records, §37-2-11.2. Redesignation of boundaries, §37-2-3. Regional advisory councils for mental heath, developmental disabilities and addictive disease. Appointment of former regional board members to community service boards. Time period, §37-2-5. Regional planning boa…
O.C.G.A. § 37-2-7 State’s responsibility, §37-2-1
0.3K chars
Suicide prevention program. Created, managed by department, duties, §37-1-27. Transfer of patients. Custody of federal agencies for diagnosis, care or treatment, §37-3-102. State courts retention of jurisdiction over transferred patients, §37-3-102. Federal hospitals and institut…
O.C.G.A. § 37-2-8 Unification of state and area service programs
15.1K chars
Reserved. Repealed by Ga. L. 1993, p. 1445, § 16, effective July 1, 1994. Editor’s notes. — This Code section was based on Code 1933, § 88-608, en- acted by Ga. L. 1976, p. 953, § 1; Ga. L. 1986, p. 1213, § 1. 89 Ga. L. 1993, p. 1445, which repeals and reserves this Code section,…
O.C.G.A. § 37-3-1 Definitions
11.6K chars
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
2.4K chars
(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
3.0K chars
(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
0.1K chars
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
1.1K chars
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
0.4K chars
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
0.1K chars
Hospitalized in state. Procedure upon discovery, §37-3-104. Out-of-state hospitals.
O.C.G.A. § 37-3-122 Hospitalization and treatment
1.8K chars
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
0.5K chars
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
0.5K chars
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
0.3K chars
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
0.8K chars
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
0.6K chars
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
5.0K chars
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
0.2K chars
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
1.4K chars
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
0.7K chars
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
2.5K chars
(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
1.3K chars
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
0.5K chars
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
0.5K chars
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
2.0K chars
(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
0.4K chars
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
2.7K chars
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
0.5K chars
— 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
0.4K chars
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
0.5K chars
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
0.3K chars
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
2.8K chars
(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
0.6K chars
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
0.4K chars
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
0.6K chars
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
2.7K chars
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
0.5K chars
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
0.1K chars
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
0.4K chars
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
0.8K chars
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
0.4K chars
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…