reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE OR COURT ORDER (§§ 37-7-40 — 37-7-44) › Section 37-7-40 - Designation by department of emergency receiving facilities; reporting; penalty for noncompliance

(a)
Any state owned or state operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under Code Sections
37-7-41
through
37-7-44
, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.
(b)
No later than January 15, 2023, any emergency receiving facility designated under this Code section shall report to the department de-identified, aggregated data with the total number of:
(1)
Certificates received at the emergency receiving facility by county issued under subsection (a) of Code Section
37-7-41
;
(2)
Such certificates received at the emergency receiving facility by each type of licensed professional authorized under Code Section
37-7-41
;
(3)
Individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of Code Section
37-7-41
; and
(4)
Individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of Code Section
37-7-41
.
(c)
The frequency of the reporting requirement required by subsection (b) of this Code section shall be determined by the department no later than December 31, 2021.
(d)
Failure to submit the information required by subsection (b) of this Code section as directed by the department shall result in the suspension of a facility's designation as an emergency receiving facility until the required reports are submitted to the department.
Amended by 2021 Ga. Laws 280,§ 3, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE OR COURT ORDER (§§ 37-7-40 — 37-7-44) › Section 37-7-42 - Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record

(a)
(1)
A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section
37-7-41
, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record.
(2)
A peace officer may take any person to an emergency receiving facility if:
(i)
the peace officer has probable cause to believe that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment; and
(ii)
the peace officer has consulted either in-person or via telephone or telehealth with a physician, as provided in Code Section
37-7-41
, and the physician authorizes the peace officer to transport the individual for an evaluation. To authorize transport for evaluation, the physician shall determine, based on facts available regarding the person's condition, including the report of the peace officer and the physician's communications with the person or witnesses, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment. The peace officer shall execute a written report detailing the circumstances under which the person is detained; and this report shall be made a part of the patient's clinical record.
(b)
Any psychologist may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist acting under this Code section. For purposes of this subsection, the term "psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist.
Amended by 2022 Ga. Laws 587,§ 3-6, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE OR COURT ORDER (§§ 37-7-40 — 37-7-44) › Section 37-7-43 - Procedure upon admission; notice of proposed discharge

(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 within 48 hours of his admission unless:
(1)
An examining physician or psychologist concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2)
The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section
37-7-95
shall apply.
Nothing in this chapter shall be construed to prohibit a physician or psychologist who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient.
(b)
Within 24 hours of the execution of the certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section
37-7-101
, to an evaluating facility where he shall be received pursuant to Code Section
37-7-63
unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section
37-7-90
, in which event the patient shall be discharged under the conditions provided in Code Section
37-7-91
, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section
37-7-95
shall apply.
(c)
Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section
37-7-41
, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section
37-7-41
, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE OR COURT ORDER (§§ 37-7-40 — 37-7-44) › Section 37-7-44 - Giving patient and his representatives notice of their rights upon patient's admission to emergency receiving facility

(a)
Immediately upon arrival of a patient at an emergency receiving facility under Code Section
37-7-43
, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section
37-7-148
. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel.
(b)
The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section
37-7-148
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-7-60 — 37-7-65) › Section 37-7-60 - Designation of evaluating facilities

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 county in the service region of the hospital designated by the department. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-7-60 — 37-7-65) › Section 37-7-61 - Petition for court ordered evaluation

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 application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the community mental health center shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2)
Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-7-60 — 37-7-65) › Section 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

(a)
The court shall review the petition filed under Code Section
37-7-61
and if the court finds reasonable cause to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall hold a full and fair hearing on the petition no sooner than ten days and no later than 15 days after such petition is filed. Within five days after the filing of such petition, the court shall serve notice of the hearing upon the patient and his representatives and upon the petitioner. Representatives for the patient shall be appointed pursuant to Code Section
37-7-147
, provided that the court shall designate the second representative or, in the absence of designation of one representative by the patient, both representatives; and, in the absence of such representatives or if the department is the guardian, the court shall appoint a guardian ad litem who is not the department. The notice required by this Code section shall include the time and place of the hearing; notice of the patient's right to counsel, that the patient or his representatives may apply for court appointed counsel if the patient cannot afford counsel, and that the court will appoint counsel unless the patient indicates in writing that he does not wish to be represented by counsel; and notice that the patient may waive his rights to a hearing under this Code section. A copy of the petition filed under Code Section
37-7-61
shall be attached to the notice. The patient shall have a right to counsel. If the patient is unable to afford counsel, the court shall appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel. The hearing may be waived by the patient after appointment or waiver of counsel.
(b)
After a full and fair hearing or, if the hearing is waived, after a full review of the evidence, if the court is satisfied that immediate evaluation is necessary, the court shall issue an order to any peace officer to deliver the patient forthwith to the evaluating facility designated by the department to admit persons ordered by that court to be evaluated.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-7-60 — 37-7-65) › Section 37-7-63 - Admission of persons to evaluating facilities for evaluation and emergency treatment

Any person who is brought to an evaluating facility under Code Section
37-7-43
or under a court order as provided in Code Section
37-7-62
shall be received for evaluation and such treatment as is indicated by good medical practice.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-7-60 — 37-7-65) › Section 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 the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient and if the patient is able to pay for evaluation at such facility, he shall be transferred forthwith. In such case, Code Section
37-7-64
shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section
37-7-43
, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section
37-7-41
; if the patient was under criminal charges of which the facility received written notification, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section
37-7-62
, to the court that ordered the evaluation.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-7-80 — 37-7-85) › Section 37-7-80 - Designation of treatment facilities

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 facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-7-80 — 37-7-85) › Section 37-7-84 - Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas

(a)
One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section
37-7-83
. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b)
The hearing examiners shall have the authority to:
(1)
Administer oaths and affirmations;
(2)
Sign and issue subpoenas;
(3)
Rule upon offers of proof;
(4)
Regulate the course of the hearing;
(5)
Provide for the taking of testimony by deposition;
(6)
Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and
(7)
Make all appropriate orders authorized by this chapter.
(c)
If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d)
In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-7-80 — 37-7-85) › Section 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

(a)
Each individualized treatment plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b)
Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer, after consideration of the recommendations of the treatment team, no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary inpatient treatment, the chief medical officer may:
(1)
Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section
37-7-95
;
(2)
Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section
37-7-81.1
and subject to the conditions of Code Section
37-7-95
; or
(3)
Transfer the patient to voluntary status at the patient's request, as provided in Code Section
37-7-24
.
(c)
The chief medical officer may designate in writing another physician, who may be the attending physician, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the designee concur, the decision of the designee will be final.
(d)
Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 4 - OUTPATIENT TREATMENT (§§ 37-7-90 — 37-7-95) › Section 37-7-90 - Physician's or psychologist's determination and certification as to involuntary outpatient care; treatment of patient as inpatient or outpatient

(a)
When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1)
An inpatient or outpatient; and
(2)
If an outpatient, whether:
(A)
There is available outpatient treatment; and
(B)
The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient.
(b)
Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist.
(c)
A person determined and certified to be:
(1)
An outpatient;
(2)
A person for whom there is available outpatient treatment; and
(3)
Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient
shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(d)
A person determined and certified to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 4 - OUTPATIENT TREATMENT (§§ 37-7-90 — 37-7-95) › Section 37-7-92 - Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver

(a)
Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section
37-7-91
, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section
37-7-81
, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospitalized, evaluated, and treated. The patient and representatives shall have the rights specified in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section
37-7-81.1
, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section
37-7-81.1
.
(b)
If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section
37-7-41
.
(c)
If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized treatment plan submitted with the petition for hearing.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 4 - OUTPATIENT TREATMENT (§§ 37-7-90 — 37-7-95) › Section 37-7-94 - Reviews of individual service plans; discharge of patients from treatment; notice of discharge

(a)
Each individualized treatment plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b)
Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment.
(c)
Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received written notification, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-7-40 — 37-7-95) › Part 4 - OUTPATIENT TREATMENT (§§ 37-7-90 — 37-7-95) › Section 37-7-95 - Discharge of patients under criminal charges

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 delivery, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-7-100 — 37-7-104) › Section 37-7-100 - Placement and transfer of patients generally

(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 department has obtained the prior agreement of the private facility and of the patient or his representatives.
(b)
A patient hospitalized in a state owned or state operated facility under this chapter may apply for transfer at his own expense to a private facility approved under Code Section
37-7-7
if he is able to pay for treatment at such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility.
(c)
If a private facility requests the department to take custody of a patient who has been hospitalized therein under this chapter and if the patient meets the criteria for admission under this chapter, then the department shall accept the patient and designate the state owned or state operated facility to which the patient shall be admitted.
(d)
When the needs of the patient or efficient utilization of any facility so requires, a patient may be transferred from one facility to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives and the patient shall be advised in writing of the reasons for his transfer. A voluntary patient may be transferred only with his consent.
(e)
A patient hospitalized in a private facility, approved under Code Section
37-7-7
, or that patient's representative may request that facility to transfer the patient to a state owned or operated facility. That private facility shall then request the department to take custody of the patient. If the patient meets the criteria for admission under this chapter, then the private facility shall transfer the patient and the department shall accept the patient and designate the state owned or state operated facility to which the patient shall be admitted.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-7-100 — 37-7-104) › Section 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

(a)
If a patient ordered to be hospitalized pursuant to this chapter is eligible for hospital care or treatment by the United States Department of Veterans Affairs or any other federal agency, the department, upon receipt of a certificate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care, or treatment therein, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Code section to any such hospital or institution within or without the state, he shall be subject to the rules and regulations of such agency. The superintendent and chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall, with respect to such individual, be vested with the same powers and duties as the superintendent and chief medical officer of facilities within this state with respect to all matters under this chapter. Jurisdiction is retained in the appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized to determine the necessity for continuance of his hospitalization and to order his release; and every transfer of a patient by the department pursuant to this Code section is so conditioned.
(b)
An order of a court of competent jurisdiction of another state, territory, or possession or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this state as in the jurisdiction in which is situated the court entering the order; and the courts of the state, territory, possession, or district issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized for the purpose of inquiring into his mental condition and determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this Code section with respect to patients ordered hospitalized by the courts of this state. Consent is given for the application of the law of the state, territory, possession, or district in which is located the court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this state by the United States Department of Veterans Affairs or any other federal agency to retain custody, transfer, furlough, or discharge the patient therein hospitalized.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-7-100 — 37-7-104) › Section 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 of kin, or guardian or by an agency of another state in which the patient is hospitalized, a patient shall be eligible to be hospitalized in the State of Georgia if found by the department to be a legal resident of this state. The department shall designate a hospital to which such patient is to be transported at no expense to the State of Georgia. The regional state hospital administrator of such hospital and the next of kin or guardian of the patient shall be notified of this action. The chief medical officer shall be authorized to hospitalize the patient for a period not to exceed five days unless prior to the expiration of such period the patient shall have voluntarily agreed to hospitalization or involuntary proceedings shall have been instituted under this chapter. After a thorough physical and mental examination has been made by the medical staff of such hospital, the chief medical officer of the hospital or his designee is authorized to sign an application for involuntary hospitalization if necessary. Such application shall be forwarded to the court of the county in which that hospital is located for action pursuant to the provisions of this chapter relative thereto.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-7-100 — 37-7-104) › Section 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 resident, the regional state hospital administrator of the treatment facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the state of his residence or to a publicly owned or publicly operated psychiatric hospital in that state. Notwithstanding an individual's status as a nonresident, nothing contained in this Code section shall prevent the voluntary hospitalization of such individual under this chapter for which due payment is made by such individual or others on his behalf nor shall it prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of any reciprocal agreement between the State of Georgia and any other state, the District of Columbia, or any territory or possession of the United States. This Code section shall not apply to persons confined to any facility operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.
Amended by 2002 Ga. Laws 971, § 1-18, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 5 - PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY (§§ 37-7-120 — 37-7-122) › Section 37-7-120 - Effect of inability to pay on right to care and treatment

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.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 5 - PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY (§§ 37-7-120 — 37-7-122) › Section 37-7-121 - Liability for expenses of transporting, examining, and caring for patients

(a)
The responsibility for paying the expenses for transporting, examining, and caring for patients, which expenses are not provided for under Chapter 9 of this title, relating to the payment of costs of care of persons admitted to state institutions under the department, shall be in the following order:
(1)
The patient or his estate;
(2)
Persons legally obligated or legally responsible for the support of the patient;
(3)
The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility; and
(4)
The department, when the General Assembly appropriates funds for such purpose.
(b)
The patient or those legally obligated for his support shall not be responsible for such expenses as described above where they were incurred in transporting a patient who is released by a court or a facility before involuntary treatment as not being an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment.
(c)
The board is authorized to issue rules and regulations governing the provisions of this Code section as it relates to the department.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 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 or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for alcoholism or drug abuse shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-141 - Patients' right to legal counsel

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 be involved during hospitalization.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 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. The chief medical officer may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-144 - Patients' right to vote

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 obtain voter registration forms, applications for absentee ballots, and absentee ballots;
(2)
To comply with other requirements which are prerequisite for voting; and
(3)
To vote by absentee ballot if necessary.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-145 - Employment of patients outside facilities

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 patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-146 - Education of children undergoing treatment in a facility

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 and Developmental Disabilities and the State Department of Education shall ensure that education is provided for all patients of school age who are hospitalized in any state owned, state operated, or any other designated facility.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.