reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-11.1 - Venue in actions against community service board; representation by Attorney General; immunity; use of legal counsel; authority for indemnification, defense, and insurance

(a)
Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, "principal office" shall be defined as the facility which houses the executive director or other such top administrator for the community service board.
(b)
In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the department and shall be afforded the assistance of legal counsel from the Attorney General.
(c)
(1)
The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees.
(2)
A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-11.2 - Access by the department, Department of Human Services, Department of Public Health, Department of Community Health, or regional office to records of any program receiving public funds; confidentiality

(a)
Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Services, the Department of Public Health, the Department of Community Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health or pursuant to the provisions of this title.
(b)
Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Public Health, the Department of Community Health, or any regional office unless otherwise specifically authorized by law.
(c)
The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section
37-3-166
. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section
37-4-125
. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section
37-7-166
.
Amended by 2011 Ga. Laws 244,§ 5-24, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-12 - [Repealed] Construction of chapter to avoid conflict with federal laws

Repealed by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-30 - Definitions

As used in this article, the term:
(1)
"Advance directive for health care" means a written document voluntarily executed by a patient in accordance with the requirements of Code Section
31-32-5
.
(2)
"Clinical record" means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumer's care and treatment under this chapter and which pertains to the consumer's hospitalization, treatment, or habilitation.
(3)
"Consumer" means a natural person who has been or is a recipient of disability services as defined in Code Section
37-1-1
and shall include natural persons who are seeking disability services.
(4)
"Durable power of attorney for health care" means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007.
(5)
"Estate representative" means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer.
(6)
"Guardian" shall have the same meaning as provided in Code Section
29-1-1
.
(7)
"Health care agent" means an agent under a durable power of attorney for health care, a health care agent under an advance directive for health care, or a mental health care agent under a psychiatric advance directive.
(8)
"Office" means the office of disability services ombudsman created pursuant to subsection (a) of Code Section
37-2-31
.
(9)
"Ombudsman" means the disability services ombudsman appointed as provided for in Code Section
37-2-32
.
(9.1)
"Psychiatric advance directive" means a written document voluntarily executed by a patient in accordance with the requirements of Code Section
37-11-9
.
(10)
"Rights" means such rights as provided by statute, rule, or regulation for a consumer of a services provider.
(11)
"Services provider" means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division.
(12)
"Safety" means freedom from physical harm.
(13)
"Well-being" means quality of life of a consumer, including the environment of care.
Amended by 2022 Ga. Laws 836,§ 2-22, eff. 7/1/2022.
Amended by 2009 Ga. Laws 102,§ 3-11, eff. 7/1/2009.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-31 - Creation of office of disability services ombudsman

(a)
There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman.
(b)
The office and the ombudsman shall:
(1)
Be charged with promoting the safety, well-being, and rights of consumers;
(2)
Have the powers and duties set forth in this article; and
(3)
Act independently of any state official, department, or agency in the performance of duties.
(c)
The office and ombudsman shall be assigned to the office of the Governor for administrative purposes only.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-32 - Nominating committee to identify qualified candidates for ombudsman; committee membership; terms of service of ombudsman

(a)
A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article.
(b)
The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following:
(1)
A former consumer of the division;
(2)
A current consumer of the division;
(3)
A representative of the department;
(4)
A representative of an advocacy organization for consumers;
(5)
A representative of law enforcement;
(6)
A licensed psychiatrist;
(7)
A psychologist;
(8)
A registered professional nurse; and
(9)
A representative of the executive branch of the state government of Georgia.
(c)
Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson.
(d)
The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-33 - Powers of ombudsman

(a)
The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman.
(b)
The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
Amended by 2005 Ga. Laws 333,§ 27, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-34 - Ombudsman and other office personnel deemed members of department work force for certain purposes

The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of:
(1)
Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section
37-2-36
;
(2)
Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and
(3)
Ensuring the department's compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-37 - Investigation report; referrals to division and other appropriate agencies

(a)
Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation and conciliation. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency.
(b)
Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
Amended by 2001 Ga. Laws 2, § 37, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-38 - Confidentiality; disclosure of information

(a)
The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding.
(b)
The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-39 - Notice of complaint procedure

The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumer's guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumer's first receiving disability services.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-40 - Discrimination or retaliation prohibited; sanctions

(a)
No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman.
(b)
Any person violating this Code section shall be guilty of a misdemeanor.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-41 - Federal financial participation; documentation

The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-42 - Immunity from civil and criminal liability for providing certain information to ombudsman

No person providing information, including but not limited to a consumer's records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-43 - Immunity from civil and criminal liability for filing complaint; ombudsman's immunity for actions related to discharge of duties

(a)
Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false.
(b)
The ombudsman and employees of the office of ombudsman shall be held harmless, including legal fees and costs, if any, in any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties for any action taken under this article if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-44 - Statutory construction

Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-46 - Notification of consumer's death; time limits

(a)
Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services, the division, governmental agency, or services provider shall notify the ombudsman of such death within 24 hours of knowledge of such death.
(b)
The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section
37-2-45
shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section
37-2-47
notwithstanding.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 1 - GENERAL PROVISIONS (§§ 37-2-30 — 37-2-47) › Section 37-2-47 - Scope of part

Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 2 - STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY (§§ 37-2-30 — 37-2-50) › Part 2 - COMPLAINTS MADE BY OR ON BEHALF OF ALL CONSUMERS WITH DEVELOPMENTAL DISABILITY OR ADDICTIVE DISEASE (§ 37-2-50) › Section 37-2-50 - Additional powers and duties

Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section
37-2-47
, receive, investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease.
Added by 2008 Ga. Laws 418,§ 3, eff. 5/6/2008.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-2 - Authority of board to issue regulations; powers of department generally

(a)
The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of the mentally ill, as set forth in Code Sections
37-3-100
,
37-3-101
, and
37-3-120
, and Article 6 of this chapter.
(b)
In addition to the other powers provided by this chapter, the department shall have the authority:
(1)
To enforce the regulations issued by the board;
(2)
To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein;
(3)
To require such reports from any facility as it may find necessary to the performance of its duties or functions;
(4)
To visit facilities regularly to review the hospitalization procedures applied to all patients;
(5)
To determine the care and treatment being given all patients;
(6)
To investigate complaints and make reports and recommendations relative to the same; and
(7)
To make effective such procedures and orders as may be appropriate to carry out this chapter.
Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-3 - Validity of hospitalization orders entered before September 1, 1978; establishment of regulations as to orders authorizing continued hospitalization of patients hospitalized before September 1, 1978

No hospitalization of a mentally ill person lawful before September 1, 1978, shall be deemed unlawful because of the enactment of this chapter. The board is authorized to establish reasonable regulations to require that the chief medical officer of each treatment facility apply under Code Section
37-3-83
for an order authorizing continued hospitalization of any patient for whom such hospitalization is necessary and who was initially hospitalized under an order of a court prior to September 1, 1978. Such prior orders of hospitalization entered by the courts, unless superseded at an earlier date by an order under this chapter or unless such prior orders expire under their own terms at an earlier date, shall remain valid until March 1, 1979, after which all such orders shall be null and void and of no effect.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-4 - Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter; immunity not applicable to failure to meet standard of care in provision of treatment

Any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the transport, admission, and discharge provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the transport of a patient to a physician or facility, the admission of a patient to a facility, or the discharge of a patient from a facility; provided, however, that nothing in this Code section shall be construed to relieve any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, from liability for failing to meet the applicable standard of care in the provision of treatment to a patient. The immunity from civil liability provided in this Code section in connection with the transport of a patient to a physician or a facility shall apply only to injury or damages incurred by such patient or his or her personal representative.
Amended by 2022 Ga. Laws 857,§ 3, eff. 7/1/2022.
Amended by 2011 Ga. Laws 85,§ 2, eff. 7/1/2011.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-5 - Apprehension by peace officer of patient who leaves facility without permission

If, during the period of involuntary hospitalization pursuant to any valid physician's certificate, court order, or order by the hearing examiner authorized by this chapter, a patient escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the patient has escaped or otherwise left the facility without permission; and the peace officer shall be authorized to take the patient into custody and return him to such 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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-6 - Approval of private facilities as emergency receiving, evaluating, or treatment facility; powers and duties of private facilities; right to deny admission

Any private facility within this state may be approved as an emergency receiving facility, an evaluating facility, or a treatment facility by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of state owned or state operated facility under the provisions of this chapter on voluntary admission, emergency admission, admission for evaluation, and involuntary hospitalization and shall have all duties and obligations of such facilities imposed by this chapter, except that any such private facility may decline to accept any patient who is unable to pay it for hospitalization or for whom it has no available space.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-7 - Abandoning or leaving patients on grounds of psychiatric hospital

Any person who abandons or leaves any patient on the grounds of any state owned or state operated psychiatric hospital without the permission of the regional state hospital administrator of the hospital commits the offense of criminal trespass.
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 1 - GENERAL PROVISIONS (§§ 37-3-1 — 37-3-8) › Section 37-3-8 - Loitering or trespassing on grounds of psychiatric hospital

Any person who loiters about or trespasses on the property of any state owned or state operated psychiatric hospital or drives or rides over the grounds or roads of such hospital property with horses, automobiles, bicycles, motorcycles, or other vehicles, except in accordance with such rules and regulations as may be posted under the authority of the board, commits the offense of criminal trespass.
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 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-3-20 — 37-3-24) › Section 37-3-20 - Admission of voluntary patients; consent of parent or guardian to treatment; giving notice of rights to patient at time of admission

(a)
The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his or her parent or guardian, any patient who has a psychiatric advance directive and for whom such application is made by his or her mental health care agent, and any patient who has been declared legally incompetent and for whom such application is made by his or her guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section
37-3-21
or
37-3-22
. The parents or guardian of a minor child must give written consent to such treatment. An individualized service plan shall be developed for such person as soon as possible.
(b)
Any individual voluntarily admitted to a facility under this Code section shall be given notice of his or her rights under this chapter at the time of admission.
Amended by 2022 Ga. Laws 836,§ 2-23, 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 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-3-20 — 37-3-24) › Section 37-3-21 - Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge

(a)
The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. The chief medical officer may designate in writing a physician or psychologist, who may be the attending physician or treating psychologist, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team or of a physician or psychologist member of the treatment team, the issue must go to the chief medical officer for final determination. Where there is concurrence, the decision of the designee will be final.
(b)
Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section
37-3-24
.
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 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-3-20 — 37-3-24) › Section 37-3-22 - Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge

(a)
A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section
37-3-20
or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section
37-3-41
, Code Section
37-3-61
, or Code Section
37-3-81
.
(b)
Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section
37-3-24
.
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 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-3-20 — 37-3-24) › Section 37-3-23 - Giving voluntary patients periodic notice of rights

At the time of his admission and each six months thereafter, any voluntary patient admitted to a facility under Code Section
37-3-20
or transferred to voluntary status under Code Section
37-3-24
shall be notified in writing of his right to discharge upon application under Code Section
37-3-22
and of all other rights granted to patients under this chapter.
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 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-3-20 — 37-3-24) › Section 37-3-24 - Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense

Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section
37-3-41
, to the physician or psychologist executing the certificate; 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. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section.
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 37-3-40 - Designation by department of emergency receiving facilities; reporting; penalty for noncompliance

(a)
Any state owned and 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
37-3-41
through
37-3-44
, 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
37-3-41
;
(2)
Such certificates received at the emergency receiving facility by each type of licensed professional authorized under Code Section
37-3-41
;
(3)
Individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of Code Section
37-3-41
; 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
37-3-41
.
(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,§ 1, eff. 7/1/2021.
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 37-3-42 - 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
37-3-41
, or directly to an emergency receiving facility if (i) the person is committing a penal offense, and (ii) the peace officer has probable cause for believing that the person is a mentally ill person 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 a mentally ill person 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
37-3-41
, 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,§ 3-3, eff. 7/1/2022.