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2018 Georgia Code 37-7-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-7-20 Case Law from Google Scholar Amendments to OCGA 37-7-20

TITLE 37 MENTAL HEALTH

Section 7. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers, 37-7-1 through 37-7-168.

ARTICLE 2 HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS

37-7-20. Admission of voluntary patients; parental consent to treatment; giving notice of rights to patient at time of admission.

  1. The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his parent or guardian, and any patient who has been declared legally incompetent and for whom such application is made by his guardian. If found to show evidence of alcoholism, drug dependence, or drug abuse and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section 37-7-21 or 37-7-22. The parents or guardian of a minor child must give written consent to such inpatient treatment. An individualized treatment plan shall be developed for such person as soon as possible.
  2. Any individual voluntarily admitted to a facility under this Code section shall be given notice of his rights under this chapter at the time of his admission.

(Code 1933, § 88-404.1, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-403.1, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1979, p. 744, § 6.)

Cross references.

- Giving of consent for surgical or medical treatment generally, T. 31, C. 9.

JUDICIAL DECISIONS

Involuntary treatment.

- One who is admitted under subsection (a) of O.C.G.A. § 37-7-20 can be treated while remaining a voluntary patient, and the reference in subsection (a) to voluntary patients under "subsection (a) of Code Section37-7-20" includes those who admit themselves for treatment. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Standards for involuntary retention of alcoholic patients are found in O.C.G.A. § 37-7-22 and by that section's references to O.C.G.A. §§ 37-7-41,37-7-61, and37-7-81. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Discharge of voluntary patient.

- O.C.G.A. § 37-7-22(a) applies to the discharge of patients voluntarily admitted for treatment under subsection (a) of O.C.G.A. § 37-7-20, as well as voluntary patients admitted for evaluation or observation. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999), reversing Wingate v. Ridgeview Inst., Inc., 233 Ga. App. 649, 504 S.E.2d 714 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 89, 90, 91.

Cases Citing O.C.G.A. § 37-7-20

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Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512 (Ga. 1999).

Cited 1 times | Published | Supreme Court of Georgia | Sep 13, 1999 | 520 S.E.2d 445

...s care. Wingate was finally discharged from Ridgeview on June 17, 1993, and began outpatient treatment under the independent physician. 1. OCGA § 37-7-22 (a) governs the discharge of voluntary patients who are admitted under the provisions of OCGA § 37-7-20 (a). The Court of Appeals held that OCGA § 37-7-22 (a) did not apply to Wingate’s discharge because he was a voluntary patient for “treatment” rather than a voluntary patient for “evaluation” or “observation” under OCGA § 37-7-20 (a).1 Wingate, supra at 650 (2)....
...First, the analysis used by the Court of Appeals would leave a voluntary patient admitted for “treatment” without any statutory discharge rights short of recovery, see OCGA § 37-7-21 (a). Moreover, Wingate’s admission for treatment is clearly contemplated by OCGA § 37-7-20 (a), which states in part: “The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor ......
...If found to show evidence of alcoholism, drug dependence, or drug abuse and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section 37-7-21 or 37-7-22.” One who is admitted under OCGA § 37-7-20 (a) can be treated while remaining a voluntary patient, and OCGA § 37-7-22 (a)’s reference to voluntary patients under “subsection (a) of Code Section 37-7-20” includes those, such as Wingate, who admit themselves for treatment. This is confirmed by the statutory definitions. OCGA § 37-7-20 (a) refers to a voluntary “patient” admitted for “observation and diagnosis,” and OCGA § 37-7-22 (a) also refers to a “voluntary patient.” *514Patient is defined as “any alcoholic, drug dependent individual, or drug abuser w...
...“ ‘Treatment’ means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation. . . .” OCGA § 37-7-1 (20). Admission for treatment clearly includes admission for observation and diagnosis as those terms are used in OCGA § 37-7-20 (a). 2....
...Reinhardt, Jennifer K. Campbell, C. LeeAnn McCurry, Toni A. Friess, Ray H. McCord, Jr, for appellant. Chamberlain, Hrdlicka, White & Williams, Richard N. Hubert, for appellee. Alston & Bird, Jack S. Schroder, Jr., Kim E. Anderson, amicus curiae. OCGA § 37-7-20 (a) actually uses the term “observation and diagnosis.” These determinations also satisfied any requirement under Wingate’s admission agreement that he be discharged unless his physician finds that his discharge would be unsafe to...