O.C.G.A.
O.C.G.A.

O.C.G.A. § 37-7-42 (2019)

Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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 circum279 stances under which the person was taken into custody; and this report shall be made a part of the patient’s clinical record.

(b) 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.

History

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.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1987, ‘‘physician’’ was substituted for ‘‘physican’’ fol-

lowing ‘‘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 com-

mitted 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, §§ 90 et seq., 95.