reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-148 - Rights 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, a mental health care agent named in such person's psychiatric advance directive, a legal guardian of such person, or a 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 or her 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,§ 2-29, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-149 - Establishment of patients and staff complaint procedures; making of final decisions; 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, § 1-16, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 1 - GENERAL PROVISIONS (§§ 37-7-140 — 37-7-150) › Section 37-7-150 - Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right of patient to subsequent appeal; right of patient 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,§ 2-29, 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 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-160 - Individual dignity of patients to be respected; treatment of alcoholics and drug abusers 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. Alcoholics, drug dependent individuals, or drug abusers or those suspected of being alcoholics, drug dependent individuals, or drug abusers 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 alcoholics, drug dependent individuals, or drug abusers.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-161 - 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 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-162 - Patient's care and treatment rights

(a)
Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered 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.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-165 - Mistreatment, neglect, or abuse of patients; use of medication, seclusion, or physical restraints

(a)
Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons.
(b)
Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations.
(c)
For the purposes of this Code section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized treatment plan.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-167 - Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter

(a)
Except as provided in subsection (b) of Code Section
37-7-162
, every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated.
(b)
Every patient shall have the right to request that any inaccurate information found in his medical record be corrected.
(c)
The board shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Code section. Nothing contained in this Code section shall be construed to require the deletion of information by the department nor constrain the department from destroying patient records after a reasonable passage of time.
(d)
Notwithstanding paragraphs (7) and (8) of Code Section
15-9-37
, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section
37-7-166
pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subsequent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 6 - RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-7-140 — 37-7-168) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF CARE AND TREATMENT AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-7-160 — 37-7-168) › Section 37-7-168 - Right of patient's attorney to interview physician or psychologist and staff attending patient; establishment of regulations as to release of information to patient's attorney

The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-1 - Short title

This chapter shall be known and may be cited as "The Patient Cost of Care Act."
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-3 - Payment for cost of care as not affecting nature or quality of care

Care rendered to all patients in state hospitals shall be of the same nature and quality without regard to whether the payment of any sum or sums is made under this chapter for the cost of care.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-4 - Liability of patient for cost of care; time of payment; inability of department to collect assessment from patient or failure of patient's assessment to cover cost of care

Each patient receiving services from a state hospital shall be legally responsible for, and shall pay to the department, the cost of his care received from a state hospital. Payments for cost of care shall be payable following the receipt of services in accordance with standards and procedures established by the board. In the event the department is unable to collect the assessment from the patient or in the event the patient's assessment is less than the full cost of care for such patient, all other persons liable for the cost of care for such patient shall pay to the department their respective assessments as provided by Code Section
37-9-5
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-6 - Standards for determination of assessments for less than full cost of care

The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law and regulations; legal rights to payment under any insurance agreement, and other evidence of ability to pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section
37-9-8
. In determining assessments for persons liable for cost of care, the department shall develop procedures to ensure that no dependent, deduction, or personal exemption as defined by Georgia income tax law will be reflected more than once in the determination of assessments for any one patient. In establishing standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care, except that the board may adopt separate criteria for assessing monthly benefits or funds from any source to cover cost of care, support, and treatment provided to patients who are hospitalized for longer than three months and whose current needs, as defined by the Social Security Administration, are being met. However, the board shall ensure that the assessment made each month shall allow the recipients of such benefits or funds to retain at a minimum an amount as a personal allowance equal to the amount of the personal needs allowance allowed beneficiaries under the state medical assistance plan. Further, such standards will include special provisions for assessing developmental disabilities respite care allowed by law or duly adopted departmental regulations, where such admissions are legally limited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care.
Amended by 2011 Ga. Laws 84,§ 11, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-8 - Use of assets other than income for determination of assessments; assets exempt from determination; levy of assessment

(a)
In addition to the use of income for determining assessments provided for in this chapter and for the payment thereof, any other assets of a person liable for cost of care, except as provided in subsection (b) of this Code section, shall be considered in determining an assessment and shall be liable to be assessed for the payment thereof. Such assets shall include any tangible or intangible property or any combination thereof and shall also include the net proceeds derived from the disposition of any such property including any disposition of any such property which took place 90 days or less prior to the date services were first rendered to the patient by a hospital. When the income of a person liable for cost of care is sufficient to determine that an assessment should be made for the total cost of care, it shall not be necessary for the department to investigate and determine the other assets of such person; but such investigation and determination may be made by the department if necessary to collect the assessment from the person liable for cost of care.
(b)
The following assets of a person liable for cost of care shall be exempt from subsection (a) of this Code section:
(1)
Real property which qualifies for a homestead exemption from ad valorem taxation; and
(2)
Any other real property which constitutes the principal residence of the person liable for cost of care but which does not qualify for a homestead exemption under paragraph (1) of this subsection.
(c)
Notwithstanding any other provisions of this Code section, as of January 1, 1993, following six months of continuous inpatient hospitalization, the department is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets accumulated from government benefit payments in excess of amounts allowed by the eligibility resource limit for institutionalized residents established by Title XIX of the federal Social Security Act of 1935, as amended, and regulations promulgated pursuant thereto, until said assets are reduced to a level which would establish resource eligibility under such program for the patient; provided, however, that the assets listed in subsection (b) of this Code section shall be exempt from such assessment if said assets would also be an excluded resource under eligibility criteria of Title XIX of the federal Social Security Act. Following April 13, 1992, the department shall provide notice regarding the provisions of this subsection to patients and family members or other appropriate persons who may be affected by the provisions of this subsection.
(d)
Nothing in this Code section shall be construed to supersede the provisions of Chapter 12 of Title 53, "The Revised Georgia Trust Code of 2010."
Amended by 2010 Ga. Laws 506,§ 16, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-10 - Hearings

Hearings shall be held in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and judicial review of a final decision by the department shall be as provided in Code Section
50-13-19
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-11 - Billing by department; authority to maintain action for collection

The department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. No bill shall be payable unless it contains the dates of service for which the costs billed therein were incurred. The department is authorized to maintain in the name of the department and the State of Georgia any action at law or equity in any court of this state or any other state which may be necessary to collect such sums.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 9 - PAYMENT OF EXPENSES FOR SUPPORT, TREATMENT, AND CARE OF PATIENTS IN STATE INSTITUTIONS GENERALLY (§§ 37-9-1 — 37-9-13) › Section 37-9-13 - Promulgation of rules and regulations by board

The board shall have the authority to promulgate necessary rules and regulations to implement and carry out this chapter. Such rules and regulations shall be adopted and promulgated pursuant to the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 10 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 37-10-1 — 37-10-3) › Section 37-10-1 - Short title

This chapter shall be known and may be cited as the "Interstate Compact on Mental Health Act."
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 10 - INTERSTATE COMPACT ON MENTAL HEALTH (§§ 37-10-1 — 37-10-3) › Section 37-10-3 - Applicability of certain enforcement and administrative provision to this chapter

The provisions of Code Sections
37-1-23
,
37-1-41
,
37-1-50
through
37-1-53
,
37-1-90
, and
37-1-100
shall not apply to this chapter.
Amended by 2011 Ga. Laws 245,§ 37, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-1 - Short title

This chapter shall be known and may be cited as the "Psychiatric Advance Directive Act."
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-2 - Purpose

This chapter is enacted in recognition of the fundamental right of an individual to have power over decisions relating to his or her mental health care as a matter of public policy.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-3 - Definitions

As used in this chapter, the term:
(1)
"Capable" means not incapable of making mental health care decisions.
(2)
"Competent adult" means a person of sound mind who is 18 years of age or older or is an emancipated minor.
(3)
"Declarant" means a person who has executed a psychiatric advance directive authorized by this chapter.
(4)
"Facility" means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of Title 31 or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof and community service boards.
(5)
"Incapable of making mental health care decisions" means that, in the opinion of a physician or licensed psychologist who has personally examined a declarant, or in the opinion of a court, a declarant lacks the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and is unable to give or communicate rational reasons for mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.
(6)
"Mental health care" means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant's mental or emotional illness, developmental disability, or addictive disease.
(7)
"Mental health care agent" or "agent" means a person appointed by a declarant to act for and on behalf of such declarant to make decisions related to consent, refusal, or withdrawal of any type of mental health care when such declarant is incapable of making mental health care decisions for himself or herself. Such term shall include any back-up mental health care agent appointed by a declarant.
(8)
"Physician" means a person lawfully licensed in this state to practice medicine pursuant to Article 2 of Chapter 34 of Title 43 and, if the declarant is receiving mental health care in another state, a person lawfully licensed in such state.
(9)
"Provider" means any person administering mental health care who is licensed, certified, or otherwise authorized or permitted by law to administer mental health care in the ordinary course of business or the practice of a profession, including, but not limited to, professional counselors, psychologists, clinical social workers, marriage and family therapists, and clinical nurse specialists in psychiatric and mental health; a physician; or any person acting for any such authorized person.
(10)
"Psychiatric advance directive" or "directive" means a written document voluntarily executed by a person in accordance with the requirements of Code Section
37-11-9
.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-4 - Execution of psychiatric advance directive; appointment of mental health care agent

(a)
A competent adult may execute a psychiatric advance directive containing mental health care preferences, information, or instructions regarding his or her mental health care that authorizes and consents to a provider or facility acting in accordance with such directive. A directive may include consent to or refusal of specified mental health care.
(b)
A psychiatric advance directive may include, but shall not be limited to:
(1)
The names and telephone numbers of individuals to contact in the event a declarant has a mental health crisis;
(2)
Situations that have been known to cause a declarant to experience a mental health crisis;
(3)
Responses that have been known to de-escalate a declarant's mental health crisis;
(4)
Responses that may assist a declarant to remain in such declarant's home during a mental health crisis;
(5)
The types of assistance that may help stabilize a declarant if it becomes necessary to enter a facility; and
(6)
Medications a declarant is taking or has taken in the past and the effects of such medications.
(c)
A psychiatric advance directive may include a mental health care agent.
(d)
If a declarant chooses not to appoint an agent, the instructions and desires of a declarant as set forth in the directive shall be followed to the fullest extent possible by every provider or facility to whom the directive is communicated, subject to the right of the provider or facility to refuse to comply with the directive as set forth in Code Section
37-11-12
.
(e)
A person shall not be required to execute or refrain from executing a directive as a criterion for insurance, as a condition for receiving mental health care or physical health care services, or as a condition of discharge from a facility.
(f)
Unless a declarant indicates otherwise, a psychiatric advance directive shall take precedence over any advance directive for health care executed pursuant to Chapter 32 of Title 31; durable power of attorney for health care creating a health care agency under the former Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007; health care proxy; or living will that a declarant executed prior to executing a psychiatric advance directive to the extent that such other documents relate to mental health care and are inconsistent with the psychiatric advance directive.
(g)
No provision of this chapter shall be construed to bar use by a declarant of an advance directive for health care under Chapter 32 of Title 31.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-6 - Rights of agent

(a)
Except to the extent that a right is limited by a directive or by any state or federal law or regulation, an agent shall have the same right as a declarant to receive information regarding the proposed mental health care and to receive, review, and consent to disclosure of medical records, including records relating to the treatment of a substance use disorder, relating to that mental health care. All of a declarant's mental health information and medical records shall remain otherwise protected under state and federal privilege, and this right of access shall not waive any evidentiary privilege.
(b)
At the declarant's expense and subject to reasonable rules of a provider or facility to prevent disruption of the declarant's mental health care, an agent shall have the same right the declarant has to examine, copy, and consent to disclosure of all the declarant's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, facility, or other health care provider, despite contrary provisions of any other statute or rule of law.
(c)
The authority given an agent by this Code section shall include all rights that a declarant has under the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and its implementing regulations regarding the use and disclosure of individually identifiable health information and other medical records.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-7 - Persons ineligible to serve as agents

The following persons shall not serve as a declarant's agent:
(1)
Such declarant's provider or an employee of that provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant's mental health care; or
(2)
An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant's mental health care.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-8 - Withdrawal by agent

An agent may withdraw by giving written notice to a declarant. If such declarant is incapable of making mental health care decisions, such agent may withdraw by giving written notice to the provider or facility that is providing mental health care to the declarant at the time of the agent's withdrawal. Any provider or facility that receives an agent's withdrawal shall document the withdrawal as part of such declarant's medical record.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-9 - Witness requirement; period of validity; civil liability of witnesses; copies

(a)
A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound mind, is not under duress, fraud, or undue influence, and signed his or her directive in the witness's presence or acknowledges signing his or her directive. For purposes of this subsection, the term "of sound mind" means having a decided and rational desire to create a psychiatric advance directive.
(b)
A validly executed psychiatric advance directive shall become effective upon its proper execution and shall remain in effect until revoked by the declarant.
(c)
The following persons shall not serve as witnesses to the signing of a directive:
(1)
A provider who is providing mental health care to the declarant at the time such directive is being executed or an employee of such provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in the declarant's mental health care;
(2)
An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such person is a family member, friend, or associate of such declarant and is not directly involved in the declarant's mental health care; or
(3)
A person selected to serve as the declarant's mental health care agent.
(d)
A person who witnesses a psychiatric advance directive in good faith and in accordance with this chapter shall not be civilly liable or criminally prosecuted for actions taken by an agent.
(e)
A copy of a directive executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-11 - Inclusion in medical record; continuing consent

(a)
Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant's medical record.
(b)
In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed a psychiatric advance directive in accordance with this chapter was of sound mind and acted voluntarily when executing such directive and may rely upon a psychiatric advance directive or a copy of that directive.
(c)
A provider or facility shall be authorized to act in accordance with a directive when a declarant is incapable of making mental health care decisions.
(d)
A provider or facility shall continue to obtain a declarant's consent to all mental health care decisions if he or she is capable of providing consent or refusal.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-12 - Compliance by providers and facilities with directive; obligations; transfers; payment assurances

(a)
(1)
When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is:
(A)
Unavailable;
(B)
Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or
(C)
In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit the declarant or has proven ineffective in treating such declarant's mental health condition.
(2)
In the event that a part of a directive is unable to be followed due to any of the circumstances set forth in paragraph (1) of this subsection, all other parts of such directive shall be followed.
(b)
If a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, such provider or facility shall:
(1)
Document the reason for not following the directive in such declarant's medical record; and
(2)
Promptly notify such declarant and his or her agent, if one is appointed in the directive, or otherwise such declarant's legal guardian, of the refusal to follow the directive or instructions of the agent and document the notification in such declarant's medical record.
(c)
In the event a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, if an agent has been appointed, then the declarant's agent, or otherwise such declarant's legal guardian, shall arrange for such declarant's transfer to another provider or facility if the requested care would be delivered by that other provider or facility.
(d)
A provider or facility unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of a declarant's mental health care agent shall continue to provide reasonably necessary consultation and care in connection with the pending transfer.
(e)
A psychiatric advance directive shall not limit the involuntary examination, treatment, or hospitalization of patients pursuant to Chapter 3 or Chapter 7 of this title or evaluations or treatment services rendered pursuant to a court order under Code Section
17-7-130
,
17-7-130.1
, or
17-7-131
.
(f)
Nothing in this chapter shall be construed to require a provider or facility to provide mental health care for which a declarant or a third-party payor is unable or refuses to ensure payment.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-14 - Immunity for law enforcement

A law enforcement officer who uses a declarant's valid psychiatric advance directive and acts in good faith reliance on the instructions contained in such directive shall not be subject to criminal prosecution or civil liability for any harm to such declarant that results from a good faith effort to follow such directive's instructions.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 11 - PSYCHIATRIC ADVANCE DIRECTIVE (§§ 37-11-1 — 37-11-16) › Section 37-11-15 - Application; usage of form; use of substantially similar forms

(a)
The provisions of this chapter shall not apply to or invalidate a valid psychiatric advance directive executed prior to July 1, 2022.
(b)
The use of the form set forth in Code Section
37-11-16
or a similar form after July 1, 2022, in the creation of a psychiatric advance directive shall be deemed lawful and, when such form is used and it meets the requirements of this chapter, it shall be construed in accordance with the provisions of this chapter.
(c)
Any person may use another form for a psychiatric advance directive so long as the form is substantially similar to, otherwise complies with the provisions of this chapter, and provides notice to a declarant substantially similar to that contained in the form set forth in Code Section
37-11-16
. As used in this subsection, the term "substantially similar" may include forms from other states.
Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 12 - GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER PROGRAMS (§§ 37-12-1 — 37-12-14) › Section 37-12-1 - Definitions

As used in this chapter, the term:
(1)
"Behavioral health crisis" means any circumstance when symptoms of a person's behavioral health disorder put that person or others at risk for causing personal injury or property damage.
(2)
"Behavioral health disorder" means a mental or emotional illness, developmental disability, or addictive disease.
(3)
"Co-responder program" means a program established through a partnership between a community service board and a law enforcement agency to utilize the combined expertise of peace officers and behavioral health professionals on emergency calls involving behavioral health crises to de-escalate situations and help link individuals with behavioral health issues to appropriate services.
(4)
"Co-responder team" means a team established pursuant to a co-responder program, composed of at least one officer team member and one community service board team member.
(5)
"Communications officer" means and includes any person employed by a public safety agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel.
(6)
"Community service board team member" means a behavioral health professional working at the direction of a community service board who is licensed or certified in this state to provide counseling services or to provide other support services to individuals and their families regarding a behavioral health disorder, and who is part of a co-responder team.
(7)
"Law enforcement agency" means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
(8)
"Officer team member" means a peace officer who is part of a co-responder team.
(9)
"Public safety agency" means the state or local entity which receives emergency calls placed through an emergency 9-1-1 system and dispatches fire-fighting, law enforcement, emergency medical, or other emergency services.
Added by 2022 Ga. Laws 857,§ 5, eff. 7/1/2022.
See 2022 Ga. Laws 857, § 2.
See 2022 Ga. Laws 857, § 1.
Renumbered from 37-11-1.