2018 Georgia Code Annotated

TITLE 37 MENTAL HEALTH

Chap.

• 1. Governing and Regulation of Mental Health, 37-1-1 through 37-1-100.
• 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.
• 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.
• 4. Habilitation of the Developmentally Disabled Generally, 37-4-1 through 37-4-127.
• 5. Community Services for the Developmentally Disabled, 37-5-1 through 37-5-10.
• 6. Day-Care Centers for the Developmentally Disabled, 37-6-1 through 37-6-8.
• 7. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers, 37-7-1 through 37-7-168.
• 8. Treatment of Alcoholics and Intoxicated Persons, 37-8-1 through 37-8-53. [Repealed], 37-8-1 through 37-8-53.
• 9. Payment of Expenses for Support, Treatment, and Care of Patients in State Institutions Generally, 37-9-1 through 37-9-13.
• 10. Interstate Compact on Mental Health, 37-10-1 through 37-10-3.

Chapter 1. Governing and Regulation of Mental Health, 37-1-1 through 37-1-100.

Article 1 General Provisions.

• 37-1-1. Definitions.
• 37-1-2. Legislative findings as to mental health, developmental disability, and addictive disease problems and services; role of county governing authorities; purpose of this chapter and Chapter 2 of this title.
• 37-1-3. Board of Behavioral Health and Developmental Disabilities; members; removal.
• 37-1-4. Department of Behavioral Health and Developmental Disabilities; functions, duties; commissioner.
• 37-1-5. Department to succeed to applicable rules and regulations; transfer of rights, responsibilities, duties, personnel, and property.
• 37-1-6. Service of notice of pendency of action by second original process.

Article 2 Powers and Duties of the Department of Behavioral Health and Developmental Disabilities.

• 37-1-20. Obligations of the Department of Behavioral Health and Developmental Disabilities.
• 37-1-21. Institutional powers and duties.
• 37-1-22. Redesignated.
• 37-1-23. Rules of practice and procedure; availability.
• 37-1-24. Use of psychologist or physician in lieu of one another.
• 37-1-25. Purchase of real property authorized.
• 37-1-26. Sale of surplus products.
• 37-1-27. Legislative findings; Suicide Prevention Program; implementation.
• 37-1-28. Conviction data.
• 37-1-29. Crisis stabilization unit defined; certification of units; minimum standards and requirements; designation as an emergency receiving facility; legislative intent.

Article 3 Promulgation of Rules and Regulations.

• 37-1-40. Power of board to provide and promote standards, rules, and regulations.
• 37-1-41. Rules and regulations of Board of Behavioral Health and Developmental Disabilities.

Article 4 Hearings, Appeals, Evidence, etc.

• 37-1-50. Necessity of hearing; powers of hearing examiner, qualification [Repealed].
• 37-1-51 and 37-1-52 [Repealed].
• 37-1-53. Classification of privileged materials.

Article 5 Enforcement Procedures.

Part 1 INSPECTION WARRANTS.

• 37-1-70. Definitions.
• 37-1-71. Persons who may obtain inspection warrants; authorization of searches and inspections of property.
• 37-1-72. Issuance; grounds.
• 37-1-73. Contents.
• 37-1-74. Exclusion of evidence obtained.

Part 2 INJUNCTIONS.

• 37-1-90. Injunctions for the purpose of enjoining violations of the provisions of this title.

Part 3 CRIMINAL PENALTIES.

• 37-1-100. Penalty for violations of the provisions of this title.

Chapter 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.

Article 1 General Provisions.

• 37-2-1. Declaration of purpose.
• 37-2-2. Definitions.
• 37-2-2.1. Creation of Division of Mental Health, Developmental Disabilities, and Addictive Diseases [Repealed].
• 37-2-3. Designation of boundaries for mental health, development disabilities, and addictive diseases regions; community service board areas.
• 37-2-4. Behavioral Health Coordinating Council; membership; meetings; obligations.
• 37-2-4.1. Local mental health, developmental disabilities, and addictive diseases offices; regional mental health, developmental disabilities, and addictive disease advisory councils.
• 37-2-5. Regional advisory councils - Establishing policy and direction for disability services; membership; bylaws; meetings; expenses.
• 37-2-5.1. Allocation of funds.
• 37-2-5.2. Local offices - Duties, functions, and powers.
• 37-2-6. Community mental health, developmental disabilities, and addictive diseases service boards - Community service board creation; membership; participation of counties; transfer of powers and duties; alternate method of establishment; bylaws; reprisals prohibited.
• 37-2-6.1. Community service boards - Executive director, staff, budget, facilities; powers and duties; exemption from state and local taxation.
• 37-2-6.2. Employees whose jobs include duties or functions which became duties or functions of a community service board on July 1, 1994; rights, duties, and benefits of employees.
• 37-2-6.3. Public body; lawsuits; debts, obligations, and liabilities.
• 37-2-6.4. Reconstituting or converting of organizational structure; formation of new community service board.
• 37-2-6.5. Cessation of operations by community service board; notification; continuation of operations by successor board, county board of health, or outside manager.
• 37-2-7. Formulation and publication of state plan for disability services.
• 37-2-8. Unification of state and area service programs [Repealed].
• 37-2-9. Coordination of disability services with related activities of other agencies and organizations.
• 37-2-9.1. Compliance by regional planning boards and community service boards with laws as to open meetings and inspection of records; advisory boards.
• 37-2-10. Commissioner's emergency powers upon failure of community service board to establish and administer programs.
• 37-2-11. Allocation of available funds for services; recipients to meet minimum standards; accounting for fees generated by providers; discrimination in providing services prohibited.
• 37-2-11.1. Venue in actions against community service board; representation by Attorney General; immunity; use of legal counsel; authority for indemnification, defense, and insurance.
• 37-2-11.2. Access by the department, Department of Human Services, Department of Public Health, Department of Community Health, or regional office to records of any program receiving public funds; confidentiality.
• 37-2-12. Construction of chapter to avoid conflict with federal laws [Repealed].

Article 2 Administration of Mental Disability Services.

Part 1 OFFICE OF DISABILITY SERVICES OMBUDSMAN.

• 37-2-30. Definitions.
• 37-2-31. Creation of office of disability services ombudsman.
• 37-2-32. Nominating committee to identify qualified candidates for ombudsman; committee membership; terms of service of ombudsman.
• 37-2-33. Powers of ombudsman.
• 37-2-34. Ombudsman and other office personnel deemed members of department work force for certain purposes.
• 37-2-35. Duties of ombudsman.
• 37-2-36. Investigations.
• 37-2-37. Investigation report; referrals to division and other appropriate agencies.
• 37-2-38. Confidentiality; disclosure of information.
• 37-2-39. Notice of complaint procedure.
• 37-2-40. Discrimination or retaliation prohibited; sanctions.
• 37-2-41. Federal financial participation; documentation.
• 37-2-42. Immunity from civil and criminal liability for providing certain information to ombudsman.
• 37-2-43. Immunity from civil and criminal liability for filing complaint; ombudsman's immunity for actions related to discharge of duties.
• 37-2-44. Statutory construction.
• 37-2-45. Medical review group to review the deaths of consumers.
• 37-2-46. Notification of consumer's death; time limits.
• 37-2-47. Scope of part.

Part 2 ADDITIONAL POWERS AND DUTIES.

• 37-2-50. Additional powers and duties.

Chapter 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.

Article 1 General Provisions.

• 37-3-1. Definitions.
• 37-3-2. Authority of board to issue regulations; powers of department generally.
• 37-3-3. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations as to orders authorizing continued hospitalization of patients hospitalized before September 1, 1978.
• 37-3-4. Immunity of hospitals, physicians, peace officers, or other private or public hospital employees from liability for actions taken in good faith compliance with admission and discharge provisions of chapter; immunity not applicable to failure to meet standard of care in provision of treatment.
• 37-3-5. Apprehension by peace officer of patient who leaves facility without permission.
• 37-3-6. Approval of private facilities as emergency receiving, evaluating, or treatment facility; powers and duties of private facilities; right to deny admission.
• 37-3-7. Abandoning or leaving patients on grounds of psychiatric hospital.
• 37-3-8. Loitering or trespassing on grounds of psychiatric hospital.

Article 2 Hospitalization and Treatment of Voluntary Patients.

• 37-3-20. Admission of voluntary patients; consent of parent or guardian to treatment; giving notice of rights to patient at time of admission.
• 37-3-21. Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge.
• 37-3-22. Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge.
• 37-3-23. Giving voluntary patients periodic notice of rights.
• 37-3-24. Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense.

Article 3 Examination, Hospitalization, and

Treatment of Involuntary Patients.

Part 1 Emergency Receiving Facilities for

Examination of Persons Appre- hended Pursuant to

Physician's Certi- ficate, Court

Order, etc. Part 2

• 37-3-40. Designation by department of emergency receiving facilities.
• 37-3-41. Emergency admission based on physician's certification or court order; report by apprehending officer; entry of treatment order into patient's clinical record; authority of other personnel to act under statute.
• 37-3-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.
• 37-3-43. Procedure upon admission; notice of proposed discharge.
• 37-3-44. Giving person and representatives notice of their rights upon admission to emergency receiving facility.

Evaluating Facilities for Exam- ination of Persons Ordered

to Undergo Evaluation for

Mental Illness. Part 3

• 37-3-60. Designation of evaluating facilities.
• 37-3-61. Initiation of proceedings for court ordered evaluation.
• 37-3-62. Hearing on petition for court ordered evaluation; recipients of hearing notice; appointment of representatives; contents of notice; patient's right to counsel; waiver of hearing; procedure upon issuance of order for evaluation.
• 37-3-63. Admission of persons to evaluating facilities for evaluation and emergency treatment.
• 37-3-64. Length of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; recipients of notice of discharge from facility.
• 37-3-65. Request for transfer to another evaluating facility; recipients of notice of transfer.

Determination of Need for Treatment, Admission to

Treatment Facilities Part 4

• 37-3-80. Designation of treatment facilities.
• 37-3-81. Procedure for detention of patient beyond evaluation period; final disposition.
• 37-3-81.1. Disposition of patient upon hearing.
• 37-3-82. Procedure upon failure of or noncompliance with involuntary outpatient treatment plan.
• 37-3-83. Procedure for continued involuntary hospitalization.
• 37-3-84. Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas.
• 37-3-85. Periodic review of individualized service plan; procedure upon end of need for involuntary treatment; designation of discharge decision maker; notice of discharge or transfer to voluntary status.

• 37-3-90. Physician's or psychologist's determination and certification as to necessity of involuntary care; treatment of patient as inpatient or outpatient; minors.
• 37-3-91. Discharge of persons meeting outpatient care criteria.
• 37-3-92. Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver.
• 37-3-93. Court order for outpatient treatment; physician's or psychologist's petition to extend order; review of petition; hearing on extension petition; patients under juvenile court jurisdiction.
• 37-3-94. Reviews of individual service plans; discharge of patients from treatment; notice of discharge.
• 37-3-95. Discharge of patients under criminal charges.

Article 4 Placement, Transfer, and Transpor-

tation of Patients Generally.

• 37-3-100. Placement and transfer of patients generally.
• 37-3-101. Transportation of patients generally.
• 37-3-102. Transfer of patients to custody of federal agencies for diagnosis, care, or treatment; retention of jurisdiction by Georgia courts; jurisdiction in federal hospitals and institutions located in Georgia.
• 37-3-103. Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals.
• 37-3-104. Procedure upon discovery that a patient hospitalized in Georgia is not a resident.

Article 5 Payment of Expenses of Patient Care and Transportation Generally.

• 37-3-120. Effect of inability to pay on right to care and treatment.
• 37-3-121. Liability for certain expenses of transporting, examining, and caring for patients.
• 37-3-122. Payment of expenses incurred in connection with hearings held under this chapter.

Article 6 Rights and Privileges of Patients,

Their Representatives, etc., Generally.

Part 1 GENERAL PROVISIONS.

• 37-3-140. Retention of rights and privileges by patients generally; right to due process.
• 37-3-141. Patients' right to legal counsel.
• 37-3-142. Communication and visitation rights of patients; inspection, restriction, and censorship of patient correspondence; establishment of regulations governing visits and use of telephones.
• 37-3-143. Patients' rights in regard to personal effects; liability of facility's employees and staff members for loss of or damage to patients' personal effects.
• 37-3-144. Patients' right to vote.
• 37-3-145. Employment of patients outside facilities.
• 37-3-146. Education of children undergoing treatment in a facility.
• 37-3-147. Representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem.
• 37-3-148. Right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter.
• 37-3-149. Establishment of procedures for receiving patients' and staff complaints; making of final decisions; establishment of rules and regulations implementing procedures; complaint procedures as alternative to legal remedies.
• 37-3-150. Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right to subsequent appeal; right to legal counsel on appeal.

Part 2 Rights and Privileges as to Manner

of Care and Treatment and as to Maintenance and Release

of Clinical Records. Cross references. - Mental incompetency and dependency for juveniles, T. 15, C. 11, A. 4.

• 37-3-160. Individual dignity of patients to be respected; treatment of the mentally ill as medical patients; use of criminal facilities and procedures.
• 37-3-161. Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs.
• 37-3-162. Patients' care and treatment rights.
• 37-3-163. Recognition of patient's physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; emergency surgery; immunity of hospital or physician; direction of notice of actions taken under Code section.
• 37-3-164. "Representative," "substantial change" defined; consultation by patient's representative with treatment facility; notification of treatment change; guardian's consultation and notification rights.
• 37-3-165. Mistreatment, neglect, or abuse of patients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraint.
• 37-3-166. Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge.
• 37-3-167. Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.
• 37-3-168. Right of patient's attorney to interview physicians, psychologists, and staff attending patient; establishment of regulations as to release of information to patient's attorney.

Chapter 4. Habilitation of the Developmentally Disabled Generally, 37-4-1 through 37-4-127.

Article 1 General Provisions.

• 37-4-1. Declaration of policy.
• 37-4-2. Definitions.
• 37-4-3. Authority of board to issue regulations; powers of department generally.
• 37-4-4. Coordination of training programs for the developmentally disabled.
• 37-4-5. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September 1, 1978; validity of hospitalization orders entered before July 1, 2011.
• 37-4-6. Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter.
• 37-4-7. Apprehension by peace officer of developmentally disabled person who leaves facility without permission.
• 37-4-8. Approval of private facilities; powers and duties of private facilities; right to deny admission.

Article 2 Procedures for Obtaining Services from the Department.

Part 1 GENERAL PROVISIONS.

• 37-4-20 through 37-4-22 [Repealed].

Part 2 COURT ORDERED SERVICES.

• 37-4-40. Filing petition with court for according of program of services to developmentally disabled person; order for examination of person by comprehensive evaluation team; report by team; petition hearing; procedure upon finding that department services are necessary [Repealed].
• 37-4-40.1 through 37-4-40.5 [Repealed].
• 37-4-41. Procedure upon failure of or client's noncompliance with court ordered habilitation program [Repealed].
• 37-4-42. Procedure for continuation of court ordered habilitation.
• 37-4-43. Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel [Repealed].
• 37-4-44. Periodic review of individualized program plan; discharge or transfer to another facility upon change in client's needs; notice of discharge or transfer.

Article 3 Placement, Transfer, and

Transportation of Developmentally Disabled Persons

Undergoing Habilitation, Generally.

• 37-4-60. Designation of facility to which client to be admitted; transfers of clients between private and state owned facilities; transfers of clients generally.
• 37-4-61. Transportation of clients generally.
• 37-4-62. Transfer of clients to custody of federal agencies for services; retention of jurisdiction over clients by state courts; jurisdiction over developmentally disabled persons in federal hospitals and institutions located in state.
• 37-4-63. Procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities.
• 37-4-64. Procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident.

Article 4 Payment of Expenses of Care and

Transportation of Developmentally Disabled Persons Under-

going Habilitation, Generally.

• 37-4-80. Effect of inability to pay on right to habilitation services.
• 37-4-81. Liability for expenses for transporting, examining, and caring for clients.
• 37-4-82. Payment of expenses incurred in connection with hearings held under this chapter.

Article 5 Rights and Privileges of Developmentally

Disabled Persons Undergoing Habilitation, Their Rep-

resentatives, etc., Generally.

Part 1 GENERAL PROVISIONS.

• 37-4-100. Retention of rights and privileges by clients generally; right to due process.
• 37-4-101. Clients' right to legal counsel.
• 37-4-102. Right of clients to communicate with persons outside facility and to receive visitors; treatment of client correspondence; establishment of regulations governing visitation and telephone usage.
• 37-4-103. Clients' rights in regard to personal effects; liability of facility's employees and staff members for loss of or damage to clients' personal effects.
• 37-4-104. Clients' right to vote.
• 37-4-105. Employment of clients outside facilities.
• 37-4-106. Education of children who are clients.
• 37-4-107. Appointment of client representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem.
• 37-4-108. Right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter.
• 37-4-109. Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies.
• 37-4-110. Appeal rights of clients, their representatives, or attorneys; payment of costs of appeal; right of client to subsequent appeal and to legal counsel on appeal.

Part 2 Rights and Privileges as to Manner

of Habilitation and as to Maintenance and Release

of Clinical Records. Cross references. - Plea in criminal case that defendant was insane or mentally incompetent at time act committed or is mentally incompetent to stand trial, § 17-7-130 et seq.

• 37-4-120. Individual dignity of clients to be respected; use of criminal facilities and procedures.
• 37-4-121. Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs.
• 37-4-122. Client's care and treatment rights.
• 37-4-123. Recognition of clients' physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery, immunity of physician; direction of notice of actions taken under Code section.
• 37-4-124. Mistreatment, neglect, or abuse of clients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraints.
• 37-4-125. Treatment of clinical records; scope of privileged communications; liability for disclosure.
• 37-4-126. Right of client to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.
• 37-4-127. Right of client's attorney to interview persons in charge of client's habilitation in a facility; establishment of regulations as to release of information to client's attorney.

Chapter 5. Community Services for the Developmentally Disabled, 37-5-1 through 37-5-10.

• 37-5-1. Short title.
• 37-5-2. Declaration of policy.
• 37-5-3. Community services defined.
• 37-5-4. Applicability of chapter; eligibility for community services.
• 37-5-5. Duty of county board of health to provide community services; district health department to advise families or guardians of developmentally disabled individuals.
• 37-5-6. County or health district plan for community services; review and approval of plan by the department.
• 37-5-7. Duty of department to provide consulting and financial assistance to county boards of health; failure of county boards of health to provide community services.
• 37-5-8. Duty of department to establish standards for community services, inspect programs, issue statements of approval; procedure upon discovery of deficiencies; reinspection.
• 37-5-9. Fees for community services.
• 37-5-10. Timetable for implementation of this chapter [Repealed].

Chapter 6. Day-Care Centers for the Developmentally Disabled, 37-6-1 through 37-6-8.

• 37-6-1. Day-care center defined.
• 37-6-2. Participation by department in financing of day-care centers for developmentally disabled children.
• 37-6-3. Participation by department in financing of day-care centers generally.
• 37-6-4. Grants-in-aid to county boards of health for purchase of services from private day-care centers.
• 37-6-5. Statements of operating costs.
• 37-6-6. Inspection and approval of day-care centers.
• 37-6-7. Departmental standards for day-care centers.
• 37-6-8. Expenditure of funds appropriated for this chapter.

Chapter 7. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers, 37-7-1 through 37-7-168.

Article 1 General Provisions.

• 37-7-1. Definitions.
• 37-7-2. Authority of board to issue regulations; powers of department generally.
• 37-7-3. Coordination of state drug and alcohol abuse programs.
• 37-7-4. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued hospitalization of patients hospitalized before September 1, 1978.
• 37-7-5. Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter.
• 37-7-6. Apprehension by peace officer of patient who leaves facility without permission.
• 37-7-7. Approval of private facilities as emergency receiving facilities, evaluating facilities, or treatment facilities; powers and duties of private facilities; right to deny admission.
• 37-7-8. "Drug" defined; Right of minor to obtain treatment of drug abuse on his consent alone; binding effect of consent; informing minor's parent, spouse, custodian, or guardian of treatment.

Article 2 Hospitalization and Treatment of Voluntary Patients.

• 37-7-20. Admission of voluntary patients; parental consent to treatment; giving notice of rights to patient at time of admission.
• 37-7-21. Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge.
• 37-7-22. Right of voluntary patient to discharge upon application; procedure on denial of application for discharge; notice of discharge.
• 37-7-23. Giving voluntary patients periodic notice of rights.
• 37-7-24. Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense.

Article 3 Examination, Hospitalization, and

Treatment of Involuntary Patients.

Part 1 Emergency Receiving Facilities

for Examination of Persons Apprehended Pursuant to

Physician's Certi- ficate or Court

Order. Part 2

• 37-7-40. Designation by department of emergency receiving facilities.
• 37-7-41. Emergency involuntary treatment; who may certify need; delivery for examination; report of delivery required.
• 37-7-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record.
• 37-7-43. Procedure upon admission; notice of proposed discharge.
• 37-7-44. Giving patient and his representatives notice of their rights upon patient's admission to emergency receiving facility.

Evaluating Facilities for Examin- ation of Persons Ordered

to Undergo Evaluation for

Mental Illness. Part 3

• 37-7-60. Designation of evaluating facilities.
• 37-7-61. Petition for court ordered evaluation.
• 37-7-62. Hearing on petition for court ordered evaluation; notice; appointment of representatives; patient's right to counsel; waiver of hearing by patient; procedure upon issuance of order for evaluation.
• 37-7-63. Admission of persons to evaluating facilities for evaluation and emergency treatment.
• 37-7-64. Length of period of detention in evaluating facility; discharge; procedure upon determination of need for hospitalization or involuntary treatment; notice of discharge from evaluating facility.
• 37-7-65. Request for transfer to another evaluating facility; direction of notice of transfer.

Determination of Need for Treat- ment, Admission to Treat-

ment Facilities. Part 4

• 37-7-80. Designation of treatment facilities.
• 37-7-81. Procedure for detention of patient beyond evaluation period; hearing.
• 37-7-81.1. Disposition of patient upon hearing.
• 37-7-82. Procedure upon failure of or noncompliance with involuntary outpatient treatment plan.
• 37-7-83. Procedure for continued involuntary hospitalization.
• 37-7-84. Appointment of hearing examiners for hearings as to continued hospitalization; powers of hearing examiners generally; issuance of subpoenas.
• 37-7-85. Periodic review of treatment plan; procedure upon termination of need for involuntary treatment; designation of discharge decisionmaker; notice of discharge or transfer to voluntary status.

• 37-7-90. Physician's or psychologist's determination and certification as to involuntary outpatient care; treatment of patient as inpatient or outpatient.
• 37-7-91. Discharge of persons meeting outpatient care criteria; time; preparation of service plan; interim outpatient treatment; notice of discharge; petition for hearing.
• 37-7-92. Hearing; notice; waiver of hearing; apprehension and detention of patient failing to appear; treatment upon waiver.
• 37-7-93. Court order for outpatient treatment; physician's or psychologist's petition to extend order; review of petition; hearing on extension petition; patients under juvenile court jurisdiction.
• 37-7-94. Reviews of individual service plans; discharge of patients from treatment; notice of discharge.
• 37-7-95. Discharge of patients under criminal charges.

Article 4 Placement, Transfer, and Trans-

portation of Patients Generally.

• 37-7-100. Placement and transfer of patients generally.
• 37-7-101. Transportation of patients generally.
• 37-7-102. Transfer to custody of federal agencies for diagnosis, care, or treatment; retention of jurisdiction by State courts; jurisdiction over patients in federal hospitals and institutions located in Georgia.
• 37-7-103. Procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals.
• 37-7-104. Procedure upon discovery that a patient hospitalized in Georgia is not a resident.

Article 5 Payment of Expenses of Patient Care

and Transportation Generally.

• 37-7-120. Effect of inability to pay on right to care and treatment.
• 37-7-121. Liability for expenses of transporting, examining, and caring for patients.
• 37-7-122. Payment of expenses incurred in connection with hearings held under this chapter.

Article 6 Rights and Privileges of Patients,

Their Representatives, and Others Generally.

Part 1 GENERAL PROVISIONS.

• 37-7-140. Retention of rights and privileges by patients generally; right to due process.
• 37-7-141. Patients' right to legal counsel.
• 37-7-142. Right of patients to communicate with persons outside facility and to receive visitors; inspection, restriction, and censorship of patient correspondence; establishment by chief medical officer of regulations governing visits and use of telephones.
• 37-7-143. Patients' rights in regard to personal effects; liability of facility's employees and staff members for loss of or damage to patients' personal effects.
• 37-7-144. Patients' right to vote.
• 37-7-145. Employment of patients outside facilities.
• 37-7-146. Education of children undergoing treatment in a facility.
• 37-7-147. Appointment of patient representatives and guardians ad litem; notice provisions; duration and scope of guardianship ad litem.
• 37-7-148. Rights of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter.
• 37-7-149. Establishment of patients and staff complaint procedures; making of final decisions; complaint procedures as alternative to legal remedies.
• 37-7-150. Right to appeal orders of probate court, juvenile court, or hearing examiner; payment of costs of appeal; right of patient to subsequent appeal; right of patient to legal counsel on appeal.

Part 2 Rights and Privileges as to Manner

of Care and Treatment and as to Maintenance and Release

of Clinical Records. Cross references. - Duties of Department of Human Resources relating to classification and evaluation of drug abuse treatment and education programs, T. 26, C. 5.

• 37-7-160. Individual dignity of patients to be respected; treatment of alcoholics and drug abusers as medical patients; use of criminal facilities and procedures.
• 37-7-161. Securing of least restrictive alternative placement; assisting patient in securing placement in noninstitutional community facilities and programs.
• 37-7-162. Patient's care and treatment rights.
• 37-7-163. Recognition of patients' physical integrity; patients' right to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery, immunity of physician; direction of notice of actions taken under Code section.
• 37-7-164. "Representative," "substantial change" defined; consultation by patient's representative with treatment facility; notification of treatment change; guardian's consultation and notification rights.
• 37-7-165. Mistreatment, neglect, or abuse of patients; use of medication, seclusion, or physical restraints.
• 37-7-166. Maintenance, confidentiality, and release of clinical records; disclosure of confidential or privileged patient information.
• 37-7-167. Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.
• 37-7-168. Right of patient's attorney to interview physician or psychologist and staff attending patient; establishment of regulations as to release of information to patient's attorney.

Chapter 9. Payment of Expenses for Support, Treatment, and Care of Patients in State Institutions Generally, 37-9-1 through 37-9-13.

• 37-9-1. Short title.
• 37-9-2. Definitions.
• 37-9-3. Payment for cost of care as not affecting nature or quality of care.
• 37-9-4. Liability of patient for cost of care; time of payment; inability of department to collect assessment from patient or failure of patient's assessment to cover cost of care.
• 37-9-5. Assessment of persons liable for cost of care generally.
• 37-9-6. Standards for determination of assessments for less than full cost of care.
• 37-9-7. Inquiry into and determination of income and assets; declarations by persons liable for cost of care; access to income tax records; confidentiality; attestation of indigent financial status.
• 37-9-8. Use of assets other than income for determination of assessments; assets exempt from determination; levy of assessment.
• 37-9-9. Exhaustion of benefits under other programs or plans required prior to expenditure of public funds; determination of assessments; assignment of benefits; subrogation.
• 37-9-10. Hearings.
• 37-9-11. Billing by department; authority to maintain action for collection.
• 37-9-12. Deposit of funds collected [Repealed].
• 37-9-13. Promulgation of rules and regulations by board.

Chapter 10. Interstate Compact on Mental Health, 37-10-1 through 37-10-3.

• 37-10-1. Short title.
• 37-10-2. Interstate Compact on Mental Health.
• 37-10-3. Applicability of certain enforcement and administrative provision to this chapter.

INTERSTATE COMPACT ON MENTAL HEALTH The Contracting States solemnly agree that: