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O.C.G.A. § 37-3-21 — Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge | Georgia Code
O.C.G.A. § 37-3-21 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 37 MENTAL HEALTH

Section 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.

ARTICLE 2 HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS

37-3-21. Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge.

  1. 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.
  2. Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section 37-3-24.

(Ga. L. 1874, p. 91, § 1; Code 1882, § 1344a; Ga. L. 1884-85, p. 61, § 1; Civil Code 1895, § 1416; Civil Code 1910, § 1578; Ga. L. 1931, p. 7, § 41; Code 1933, § 35-206; Ga. L. 1952, p. 94, § 2; Ga. L. 1958, p. 697, § 3; Ga. L. 1960, p. 837, § 3; Code 1933, § 88-503, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-503.2, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1991, p. 1059, § 2; Ga. L. 1992, p. 1902, § 2.)

JUDICIAL DECISIONS

Primary treating physician acting as chief medical officer.

- It is reasonable to permit a primary treating physician to act as chief medical officer for purposes of the discharge of his or her patients. Georgia Dep't of Human Resources v. Peeks, 261 Ga. 96, 403 S.E.2d 36 (1991).

When a hospital's chief medical officer appointed a patient's primary treating physician to act as chief medical officer for purposes of discharging a patient, the officer's failure to make the appointment in writing did not vitiate the appointment. Georgia Dep't of Human Resources v. Peeks, 261 Ga. 96, 403 S.E.2d 36 (1991).

Section inapplicable to discharge of outpatient.

- O.C.G.A. § 37-3-21 applies to inpatients and did not require a chief medical officer to examine an outpatient prior to the patient's discharge from a facility. Ward v. Emanuel County Bd. of Health, 218 Ga. App. 382, 461 S.E.2d 559 (1995).

Section inapplicable to release on pass.

- O.C.G.A. §§ 37-3-21 and37-3-22 did not apply in a negligence action against a hospital based on the hospital's release on a 24-hour pass of a patient who subsequently murdered the patient's mother. Board of Regents v. Riddle, 229 Ga. App. 15, 493 S.E.2d 208 (1997).

Cited in J.L. v. Parham, 412 F. Supp. 112 (M.D. Ga. 1976); Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101 (1979).

RESEARCH REFERENCES

ALR.

- Liability of one releasing institutionalized mental patient for harm he causes, 38 A.L.R.3d 699.

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