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Call Now: 904-383-7448Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail or statutory overnight delivery, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge.
(Code 1981, §37-3-95, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 2000, p. 1589, § 3.)
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
- Trial court erred in construing Count II of the Third Complaint as a medical malpractice claim as the failure to comply with statutory notification and discharge requirements, pursuant to O.C.G.A. §§ 37-3-4,37-3-24, and37-3-95, did not involve the exercise of professional judgment or the care or treatment of the patient and, thus, that count was not subject to the medical malpractice statute of repose or the expert affidavit statute. Curles v. Psychiatric Solutions, Inc., 343 Ga. App. 719, 808 S.E.2d 237 (2017), cert. denied, No. S18C0519, 2018 Ga. LEXIS 181 (Ga. 2018); cert. denied, No. S18C0520, 2018 Ga. LEXIS 182 (Ga. 2018).
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