reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE, COURT ORDER, ETC (§§ 37-3-40 — 37-3-44) › Section 37-3-43 - 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 a mentally ill person 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
37-3-95
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
37-3-101
, to an evaluating facility where he shall be received pursuant to Code Section
37-3-63
unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1) and (2) of subsection (c) of Code Section
37-3-90
, in which event the patient shall be discharged under the conditions provided in Code Section
37-3-91
, 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
37-3-95
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
37-3-41
, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section
37-3-41
, 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 1 - EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN'S CERTIFICATE, COURT ORDER, ETC (§§ 37-3-40 — 37-3-44) › Section 37-3-44 - Giving person and representatives notice of their rights upon admission to emergency receiving facility

(a)
Immediately upon arrival of a person at an emergency receiving facility under Code Section
37-3-43
or as soon thereafter as reasonably possible given a person's condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section
37-3-148
. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.
(b)
The notice informing the person's representatives of such person'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
37-3-148
.
Amended by 2016 Ga. Laws 405,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-3-60 — 37-3-65) › Section 37-3-60 - 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
37-3-61
through
37-3-65
, 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-3-60 — 37-3-65) › Section 37-3-61 - Initiation of proceedings 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 a mentally ill person 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 a mentally ill person 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 a mentally ill person 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-3-60 — 37-3-65) › Section 37-3-62 - 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 evaluation

(a)
The court shall review the petition filed under Code Section
37-3-61
and, if it finds reasonable cause to believe that the patient may be a mentally ill person 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
37-3-147
, 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
37-3-61
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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-3-60 — 37-3-65) › Section 37-3-63 - Admission of persons to evaluating facilities for evaluation and emergency treatment

Any person who is brought to an evaluating facility under Code Section
37-3-43
or under a court order as provided in Code Section
37-3-62
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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 2 - EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS (§§ 37-3-60 — 37-3-65) › Section 37-3-65 - Request for transfer to another evaluating facility; recipients 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
37-3-64
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
37-3-43
, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section
37-3-41
; 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
37-3-62
, to the court that ordered the evaluation.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-3-80 — 37-3-85) › Section 37-3-80 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-3-80 — 37-3-85) › Section 37-3-84 - 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
37-3-83
. 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 3 - DETERMINATION OF NEED FOR TREATMENT, ADMISSION TO TREATMENT FACILITIES (§§ 37-3-80 — 37-3-85) › Section 37-3-85 - Periodic review of individualized service plan; procedure upon end of need for involuntary treatment; designation of discharge decision maker; notice of discharge or transfer to voluntary status

(a)
Each individualized service 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 a mentally ill person 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
37-3-95
;
(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
37-3-81.1
and subject to the conditions of Code Section
37-3-95
; or
(3)
Transfer the patient to voluntary status at the patient's request, as provided in Code Section
37-3-24
.
(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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 4 - INVOLUNTARY OUTPATIENT CARE (§§ 37-3-90 — 37-3-95) › Section 37-3-90 - Physician's or psychologist's determination and certification as to necessity of involuntary care; treatment of patient as inpatient or outpatient; minors

(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 a mentally ill person 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 there is available outpatient treatment.
(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 a mentally ill person 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; and
(2)
A person for whom there is available outpatient treatment
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 a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1) and (2) 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.
(e)
Any minor admitted voluntarily shall be released at any time after written request is made by the minor's parent or legal guardian.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 4 - INVOLUNTARY OUTPATIENT CARE (§§ 37-3-90 — 37-3-95) › Section 37-3-92 - 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
37-3-91
, 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
37-3-81
, 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
37-3-81.1
, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section
37-3-81.1
.
(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
37-3-41
.
(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 service plan submitted with the petition for hearing.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 4 - INVOLUNTARY OUTPATIENT CARE (§§ 37-3-90 — 37-3-95) › Section 37-3-94 - Reviews of individual service plans; discharge of patients from treatment; notice of discharge

(a)
Each individualized service 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 a mentally ill person 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 3 - EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS (§§ 37-3-40 — 37-3-95) › Part 4 - INVOLUNTARY OUTPATIENT CARE (§§ 37-3-90 — 37-3-95) › Section 37-3-95 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-3-100 — 37-3-104) › Section 37-3-100 - 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
37-3-6
, 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
37-3-6
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
37-3-6
, 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 operated facility to which the patient shall be admitted.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-3-100 — 37-3-104) › Section 37-3-103 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 4 - PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY (§§ 37-3-100 — 37-3-104) › Section 37-3-104 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 5 - PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY (§§ 37-3-120 — 37-3-122) › Section 37-3-120 - 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 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.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 5 - PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY (§§ 37-3-120 — 37-3-122) › Section 37-3-121 - Liability for certain 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 when they were incurred in transporting a patient who is released by a court or a facility before involuntary treatment as not being a mentally ill person 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-140 - 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 a mental illness 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-141 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-143 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-144 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-145 - 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 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-146 - 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.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-148 - Right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter

(a)
At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, relative, or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release, provided that, in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section
17-7-130
or
17-7-131
, a copy of the petition along with proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested.
(b)
A patient or his representatives may file a petition in the appropriate court alleging that the patient is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter.
Amended by 2022 Ga. Laws 836,§ 2-25, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-149 - Establishment of procedures for receiving patients' and staff complaints; making of final decisions; establishment of rules and regulations implementing procedures; complaint procedures as alternative to legal remedies

Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize these procedures in lieu of other available legal remedies.
Amended by 2002 Ga. Laws 971, § 1-11, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 1 - GENERAL PROVISIONS (§§ 37-3-140 — 37-3-150) › Section 37-3-150 - Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right to subsequent appeal; right to legal counsel on appeal

The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section
5-3-4
.
Amended by 2022 Ga. Laws 875,§ 2-27, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2016 Ga. Laws 626,§ 3-13 and § 3-14, eff. 1/1/2017.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-3-160 — 37-3-168) › Section 37-3-160 - Individual dignity of patients to be respected; treatment of the mentally ill as medical patients; use of criminal facilities and procedures

The patient's dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients. All patients shall be treated by a physician or psychologist acting within the scope of his or her license. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-3-160 — 37-3-168) › Section 37-3-161 - Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs

It is the policy of the state that the least restrictive alternative placement be secured for every patient at every stage of his medical treatment and care. It shall be the duty of the facility to assist the patient in securing placement in noninstitutional community facilities and programs.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 3 - EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS (§§ 37-3-1 — 37-3-215) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-3-140 — 37-3-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-3-160 — 37-3-168) › Section 37-3-162 - Patients' care and treatment rights

(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 humanely with full respect for the patient's dignity and personal integrity.
(b)
Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician or psychologist to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c)
It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.
(d)
If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e)
Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.