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2018 Georgia Code 31-33-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-33-4 Case Law from Google Scholar Amendments to OCGA 31-33-4

TITLE 31 HEALTH

Section 33. Health Records, 31-33-1 through 31-33-8.

CHAPTER 25 ARTICLES OF BEDDING

31-33-4. Mental health records.

The provisions of this chapter, except as otherwise provided in Code Sections 31-33-3, 31-33-7, and 31-33-8, shall not apply to psychiatric, psychological, or other mental health records of a patient.

(Code 1981, §31-32-4, enacted by Ga. L. 1984, p. 1680, § 1; Code 1981, §31-33-4, as redesignated by Ga. L. 1985, p. 149, § 31; Ga. L. 2010, p. 286, § 18/SB 244; Ga. L. 2016, p. 549, § 2/HB 910.)

The 2010 amendment, effective July 1, 2010, inserted ", except as otherwise provided in Code Sections 31-33-7 and 31-33-8," in the middle of this Code section.

The 2016 amendment, effective July 1, 2016, in this Code section, inserted "31-33-3," and inserted a comma following "31-33-7".

Cross references.

- Right of mental patients to examine medical records, §§ 37-3-162,37-3-167.

Cases Citing O.C.G.A. § 31-33-4

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Cooksey v. Landry, 295 Ga. 430 (Ga. 2014).

Cited 11 times | Published | Supreme Court of Georgia | Jun 30, 2014 | 761 S.E.2d 61

...190, 192 (196 SE2d 172) (1973) (discussing attorney-client privilege). Consistent with the protections afforded psychiatrist-patient communications even after a patient’s death, our legislature has determined that a deceased patient’s representative cannot waive the psychiatrist-patient privilege. See OCGA § 31-33-4 (providing that statutes authorizing the release of health records to a deceased patient’s representative “shall not apply to psychiatric, psychological, or other mental health records of a patient”); OCGA § 37-3-166 (a) (8.1) (a...
... by our legislature based on “grounds of public policy.” 7 See OCGA § 24-5-501 (a) (5) (stating that protected psychiatrist-patient communications are excluded from evidence on “grounds of public policy”). The dissent’s interpretation of the clear language of OCGA § 31-33-4 exempting psychiatric records from its disclosure provisions to mean that “the estate representative may [] waive the [psychiatrist-patient] privilege on behalf of the deceased patient” comports with neither logic nor rules of statu...
...I do not believe that the recognition of a right of the estate representative to stand in the shoes of the deceased for purposes of waiving the psychiatrist- patient privilege conflicts with Georgia statutes governing the release of mental health records. OCGA § 31-33-4 states that the provisions of Chapter 33 of Title 31 to the the Georgia code, authorizing release of medical records to patients and other authorized persons, shall not apply to mental health records. Applied literally, OCGA § 31-33-4 would prohibit the release of mental health records to the patient, himself....
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Alvista Healthcare Ctr., Inc. v. Miller, 686 S.E.2d 96 (Ga. 2009).

Cited 4 times | Published | Supreme Court of Georgia | Nov 2, 2009 | 286 Ga. 122, 2009 Fulton County D. Rep. 3440

...ce with HIPAA. The Georgia statute does not provide for personal representation by the surviving spouse for other purposes. However, the statute permits her to obtain all types of medical records, other than mental health records as excepted by OCGA § 31-33-4, and subject to the preservation in OCGA § 31-33-6 of the privileged or confidential nature of communications recognized in other laws....

Cooksey v. Landry (Ga. 2014).

Published | Supreme Court of Georgia | Jun 30, 2014 | 286 Ga. 122, 2009 Fulton County D. Rep. 3440

...190, 192 (196 SE2d 172) (1973) (discussing attorney-client privilege). Consistent with the protections afforded psychiatrist-patient communications even after a patient’s death, our legislature has determined that a deceased patient’s representative cannot waive the psychiatrist-patient privilege. See OCGA § 31-33-4 (providing that statutes authorizing the release of health records to a deceased patient’s representative “shall not apply to psychiatric, psychological, or other mental health records of a patient”); OCGA § 37-3-166 (a) (8.1) (a...
... by our legislature based on “grounds of public policy.” 7 See OCGA § 24-5-501 (a) (5) (stating that protected psychiatrist-patient communications are excluded from evidence on “grounds of public policy”). The dissent’s interpretation of the clear language of OCGA § 31-33-4 exempting psychiatric records from its disclosure provisions to mean that “the estate representative may ....
...I do not believe that the recognition of a right of the estate representative to stand in the shoes of the deceased for purposes of waiving the psychiatrist- patient privilege conflicts with Georgia statutes governing the release of mental health records. OCGA § 31-33-4 states that the provisions of Chapter 33 of Title 31 to the Georgia Code, authorizing release of medical records to patients 5 and other authorized persons, shall not apply to mental health records. Applied literally, OCGA § 31-33-4 would prohibit the release of mental health records to the patient, himself....