O.C.G.A.
O.C.G.A. § 37-7-81 (2019)
Procedure for detention of patient beyond evaluation period; hearing
✓ 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) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians or a physician and a psychologist who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section
Notes of Decisions
Cited in 3
cases, 1990–1999 · leading case: Hudgins v. Bawtinhimer, 395 S.E.2d 909 (Ga. Ct. App. 1990).
Hudgins v. Bawtinhimer, 395 S.E.2d 909 (Ga. Ct. App. 1990). “See OCGA §§ 37-7-81 and 37-7-81.1. For these reasons, the trial court correctly found the order of the probate court was not res judicata on the issue of the validity of the process used.”
Wingate v. Ridgeview Inst., Inc., 504 S.E.2d 714 (Ga. Ct. App. 1998). “See OCGA § 37-7-81. "Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing.”
Ridgeview Inst., Inc. v. Wingate, 520 S.E.2d 445 (Ga. 1999). “Seese used Form 2021 provided by the Department of Human Resources, which is patterned on OCGA § 37-7-81 (a). That Code section requires that two physicians find Wingate to be an alcoholic in need of involuntary treatment, and that he does not meet the requirements for…”
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