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2018 Georgia Code 37-7-21 | Car Wreck Lawyer

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

37-7-21. 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 alcoholism, drug dependency, or drug abuse 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 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 37-7-24.

(Code 1933, § 88-404.2, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-403.2, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1991, p. 1059, § 4; Ga. L. 1992, p. 1902, § 16.)

Cases Citing O.C.G.A. § 37-7-21

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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

...“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)....
...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 t...