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2018 Georgia Code 37-7-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-7-42 Case Law from Google Scholar Amendments to OCGA 37-7-42

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 3 EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS

37-7-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.

  1. A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-7-41, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record.
  2. Any psychologist may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist acting under this Code section. For purposes of this subsection, the term "psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist.

(Code 1933, § 88-404.3, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1981, p. 996, § 2; Ga. L. 1987, p. 3, § 37.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "physician" was substituted for "physican" following "examination by the" in the first sentence of subsection (a).

Cross references.

- Arrest of persons, T. 17, C. 4.

Licensing of applied psychologists, T. 43, C. 39.

OPINIONS OF THE ATTORNEY GENERAL

When provisions of chapter to be followed.

- Drug addicts and alcoholics may be treated at local facilities or hospitals whenever their condition warrants, but in order to have such a person committed for pretrial confinement in a state operated facility, the provisions of Ga. L. 1971, p. 273 (see O.C.G.A. Ch. 7, T. 37) must be followed. 1974 Op. Att'y Gen. No. U74-85.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 92 et seq., 98.

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