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2018 Georgia Code 37-7-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-7-22 Case Law from Google Scholar Amendments to OCGA 37-7-22

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).

Cases Citing O.C.G.A. § 37-7-22

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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

...ls reversed that portion of the trial court’s judgment, reinstating the false imprisonment claim. Wingate v. Ridgeview Inst, 233 Ga. App. 649 (504 SE2d 714) (1998). We granted certiorari to determine if the Court of Appeals properly construed OCGA § 37-7-22....
...Prior to the hearing, Wingate contacted an independent physician, who examined him on June 16 and assumed his 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)....
...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 who seeks treatment under this chapter or any person for whom such treatment is sought.” (Emphasis supplied.) OCGA § 37-7-1 (16)....
...It specifically applies only to “immediate surgical or other intervention,” and imposes a higher standard of findings before involuntary surgical procedures or other drastic treatment can be undertaken. The standards for the involuntary retention of alcoholic patients are found in OCGA § 37-7-22 (a), and by that Code section’s reference, in OCGA §§ 37-7-41, 37-7-61, and 37-7-81. 3. OCGA § 37-7-22 (a) requires that a voluntary patient who requests a discharge must be given one within 72 hours, unless the chief medical officer finds that the discharge would be “unsafe for the patient or others,” in which case proceedings for invo...
...ements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90,” as specified for involuntary detention under OCGA § 37-7-81 (a). Wingate contends that the physicians’ responses and selections on the form did not satisfy OCGA § 37-7-22 (a) because that Code section requires that the chief medical officer of the facility, or, as in this case, the designee of the chief medical officer, see OCGA § 37-7-1 (4), find that releasing the patient would be “unsafe for the patient or others.” Under OCGA § 37-7-22 (a), such a finding is a requirement *515for the physician to pursue involuntary hospitalization under OCGA § 37-7-81 (a)....
...They both noted that Wingate would not accept treatment. Thus, although it would be the better practice for physicians to explicitly find that releasing a patient would be unsafe to the patient or others, a finding that a patient is incapacitated by alcohol on a recurring basis satisfies OCGA § 37-7-22 (a)....
...These findings also showed that Wingate was unlikely to comply with outpatient treatment and therefore did not meet the outpatient requirements of OCGA § 37-7-90 (c) (3).2 The certificate used to initiate the involuntary treatment proceedings complied with OCGA § 37-7-22 (a)’s requirements....