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OpenJurist

Chapter

EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS

  • O.C.G.A. § 37-3-1— Definitions
  • O.C.G.A. § 37-3-2— Authority of board to issue regulations; powers of de- partment generally
  • O.C.G.A. § 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
  • O.C.G.A. § 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
  • O.C.G.A. § 37-3-5— Apprehension by peace officer of patient who leaves facility without permission
  • O.C.G.A. § 37-3-6— Approval of private facilities as emergency receiving, evaluating, or treatment facility; powers and duties of private facilities; right to deny admission
  • O.C.G.A. § 37-3-7— Abandoning or leaving patients on grounds of psychiatric hospital
  • O.C.G.A. § 37-3-8— Loitering or trespassing on grounds of psychiatric hospital
  • O.C.G.A. § 37-3-20— Admission of voluntary patients; consent of parent or guardian to treatment; giving notice of rights to patient at time of admission
  • O.C.G.A. § 37-3-21— Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of dis- charge
  • O.C.G.A. § 37-3-22— Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge
  • O.C.G.A. § 37-3-23— Giving voluntary patients periodic notice of rights
  • O.C.G.A. § 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
  • O.C.G.A. § 37-3-40— Designation by department of emergency receiving facilities; reporting; penalty for noncompliance
  • O.C.G.A. § 37-3-41— Emergency admission based on physician’s certification or court order; report by apprehending officer; entry of treatment order into patient’s clinical record; authority of other personnel to act under statute; annual reporting
  • O.C.G.A. § 37-3-42— Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record
  • O.C.G.A. § 37-3-43— Procedure upon admission; notice of proposed discharge
  • O.C.G.A. § 37-3-44— Giving person and representatives notice of their rights upon admission to emergency receiving facility
  • O.C.G.A. § 37-3-60— Designation of evaluating facilities
  • O.C.G.A. § 37-3-61— Initiation of proceedings for court ordered evaluation
  • O.C.G.A. § 37-3-62— Hearing on petition for court ordered evaluation; recipients of hearing notice; appointment of representatives; contents of notice; patient’s right to counsel; waiver of hearing; procedure upon issuance of order for evaluation
  • O.C.G.A. § 37-3-63— Admission of persons to evaluating facilities for evaluation and emergency treatment
  • O.C.G.A. § 37-3-64— Length of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; recipients of notice of discharge from facility
  • O.C.G.A. § 37-3-65— Request for transfer to another evaluating facility; recipients of notice of transfer
  • O.C.G.A. § 37-3-80— Designation of treatment facilities
  • O.C.G.A. § 37-3-81— Procedure for detention of patient beyond evaluation period; final disposition
  • O.C.G.A. § 37-3-81.1— Disposition of patient upon hearing
  • O.C.G.A. § 37-3-82— Procedure upon failure of or noncompliance with involuntary outpatient treatment plan
  • O.C.G.A. § 37-3-83— Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department
  • O.C.G.A. § 37-3-85— Periodic review of individualized service plan; procedure upon end of need for involuntary treatment; designation of discharge decision maker; notice of discharge or transfer to voluntary status
  • O.C.G.A. § 37-3-90— Physician’s or psychologist’s determination and certification as to necessity of involuntary care; treatment of patient as inpatient or outpatient; minors
  • O.C.G.A. § 37-3-91— Discharge of persons meeting outpatient care criteria
  • O.C.G.A. § 37-3-92— Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver
  • O.C.G.A. § 37-3-93— Court order for outpatient treatment; physician’s or psychologist’s petition to extend order; review of petition; hearing on extension petition; patients under juvenile court jurisdiction
  • O.C.G.A. § 37-3-94— Reviews of individual service plans; discharge of patients from treatment; notice of discharge
  • O.C.G.A. § 37-3-95— Discharge of patients under criminal charges
  • O.C.G.A. § 37-3-100— Placement and transfer of patients generally
  • O.C.G.A. § 37-3-101— Transportation of patients generally
  • O.C.G.A. § 37-3-102— Transfer of patients to custody of federal agencies for diagnosis, care, or treatment; retention of jurisdiction by Georgia courts; jurisdiction in federal hospitals and institutions located in Georgia
  • O.C.G.A. § 37-3-103— Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals
  • O.C.G.A. § 37-3-104— Procedure upon discovery that a patient hospitalized in Georgia is not a resident
  • O.C.G.A. § 37-3-120— Effect of inability to pay on right to care and treatment
  • O.C.G.A. § 37-3-121— Liability for certain expenses of transporting, examining, and caring for patients
  • O.C.G.A. § 37-3-122— Payment of expenses incurred in connection with hearings held under this chapter
  • O.C.G.A. § 37-3-140— Retention of rights and privileges by patients generally; right to due process
  • O.C.G.A. § 37-3-141— Patients’ right to legal counsel
  • O.C.G.A. § 37-3-142— Communication and visitation rights of patients; inspection, restriction, and censorship of patient correspondence; establishment of regulations governing visits and use of telephones
  • O.C.G.A. § 37-3-143— Patients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to patients’ personal effects
  • O.C.G.A. § 37-3-144— Patients’ right to vote
  • O.C.G.A. § 37-3-145— Employment of patients outside facilities
  • O.C.G.A. § 37-3-146— Education of children undergoing treatment in a facility
  • O.C.G.A. § 37-3-147— Representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem
  • O.C.G.A. § 37-3-148— Right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter
  • O.C.G.A. § 37-3-149— Establishment of procedures for receiving patients’ and staff complaints; making of final decisions; establishment of rules and regulations implementing procedures; complaint procedures as alternative to legal remedies
  • O.C.G.A. § 37-3-150— Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right to subsequent appeal; right to legal counsel on appeal
  • O.C.G.A. § 37-3-160— Individual dignity of patients to be respected; treatment of the mentally ill as medical patients; use of criminal facilities and procedures
  • O.C.G.A. § 37-3-161— Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs
  • O.C.G.A. § 37-3-162— Patients’ care and treatment rights
  • O.C.G.A. § 37-3-163— Recognition of patient’s physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; emergency surgery; immunity of hospital or physician; direction of notice of actions taken under Code section
  • O.C.G.A. § 37-3-164— “Representative,” “substantial change” defined; consultation by patient’s representative with treatment facility; notification of treatment change; guardian’s consultation and notification rights
  • O.C.G.A. § 37-3-165— Mistreatment, neglect, or abuse of patients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraint
  • O.C.G.A. § 37-3-166— Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge
  • O.C.G.A. § 37-3-167— 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
  • O.C.G.A. § 37-3-168— Right of patient’s attorney to interview physicians, psychologists, and staff attending patient; establishment of regulations as to release of information to patient’s attorney