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

37-4-122. Client's care and treatment rights.

1. Each client in a facility and each person receiving services for a developmental disability shall receive habilitation that is suited to his needs and is the least restrictive appropriate habilitation. Such habilitation shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integrity.
2. In order to assure proper habilitation, it shall be the duty of the superintendent or regional state hospital administrator of a facility to ensure that each client receives such medical attention as is suitable to his condition.
3. Each client shall have the right to participate in his habilitation. The department shall issue regulations to ensure that each client participates in his habilitation to the maximum extent possible. Unless the disclosure to the client is determined by the superintendent or regional state hospital administrator or person having charge of the client's habilitation to be detrimental to the physical or mental health of the client and unless a notation to that effect is made a part of the client's record, the client shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the habilitation recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
4. If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The superintendent or regional state hospital administrator is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician or psychologist.
5. Every client admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.

(Code 1933, § 88-2503.4, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1991, p. 1059, § 25; Ga. L. 2002, p. 1324, § 1-19; Ga. L. 2009, p. 453, § 3-7/HB 228.)