Section 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.
ARTICLE 4
PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY
37-3-101. Transportation of patients generally.
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The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patient's residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son.
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Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patient's residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with the requirements of Code Section 37-3-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility.
(Ga. L. 1958, p. 697, § 8; Ga. L. 1960, p. 837, § 8; Code 1933, § 88-508, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.14, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.17, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1993, p. 1445, § 17.3; Ga. L. 2002, p. 1067, § 1.)
Cross references.
- Manner of marking of law enforcement and emergency vehicles,
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40-8-90 et seq.
Editor's notes.
- Ga. L. 1993, p. 1445,
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18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "
Ga. L. 1993, p. 1445,
§
19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval."
The Act was approved by the Governor on April 27, 1993.
Ga. L. 1993, p. 1445, which amends this Code section, provides, in
§
19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870,
§
1, struck
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19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.
OPINIONS OF THE ATTORNEY GENERAL
Sheriff must transport mental patients to hospitals in accordance with terms of the transportation order;
the terms of such order depend upon the determinations of the county health department and county governing authority. 1969 Op. Att'y Gen. No. 69-412.
