Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 37-7-22 — Right of voluntary patient to discharge upon application; procedure on denial of application for discharge; notice of discharge | Georgia Code
O.C.G.A. § 37-7-22 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

37-7-22. Right of voluntary patient to discharge upon application; procedure on denial of application for discharge; notice of discharge.

  1. A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-7-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81.
  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, § 88-404.3, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-403.3, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1983, p. 3, § 28; Ga. L. 1991, p. 1059, § 28.)

JUDICIAL DECISIONS

Applicability of section.

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

Certificate used to initiate involuntary treatment proceedings complied with the requirements of subsection (a) of O.C.G.A. § 37-7-22 when the certificate contained a finding that a patient was incapacitated by alcohol on a recurring basis; therefore, the patient's claim for false imprisonment would not lie since the patient's detention was predicated on a valid process. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Involuntary treatment proceedings initiated by use of a form patterned on O.C.G.A. § 37-7-81(a) and based on findings that the patient was incapacitated by alcohol on a recurring basis satisfied the requirements of subsection (a) of O.C.G.A. § 37-7-22. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Involuntary treatment.

- Standards for involuntary retention of alcoholic patients are found in subsection (a) of O.C.G.A. § 37-7-22 and by the 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).

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham 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.