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O.C.G.A. § 37-4-109 — Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies | Georgia Code
O.C.G.A. § 37-4-109 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 37 MENTAL HEALTH

Section 4. Habilitation of the Developmentally Disabled Generally, 37-4-1 through 37-4-127.

ARTICLE 5 RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY

37-4-109. Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies.

The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies.

(Code 1933, § 88-2503.22, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1987, p. 3, § 37; Ga. L. 2002, p. 1324, § 1-14; Ga. L. 2009, p. 453, § 3-15/HB 228.)

Cross references.

- Reports and investigations regarding mistreatment of hospital patients, residents of long-term care facilities, and others, §§ 31-7-9,31-8-50 et seq.,31-8-80 et seq.,31-8-100 et seq.

RESEARCH REFERENCES

ALR.

- Validity, construction, application, and effect of Civil Rights of Institutionalized Persons Act, 42 USC §§ 1997 - 1997j, 93 A.L.R. Fed. 706.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.