§ 37-11-13. Immunity From Liability or Disciplinary Action for Health Care Providers
Each provider, facility, or any other person who acts in good faith reliance on any instructions contained in a directive or on any direction or decision by a mental health care agent shall be protected and released to the same extent as though such person had interacted directly with a capable declarant. Without limiting the […]
§ 37-11-14. Immunity for Law Enforcement
A law enforcement officer who uses a declarant’s valid psychiatric advance directive and acts in good faith reliance on the instructions contained in such directive shall not be subject to criminal prosecution or civil liability for any harm to such declarant that results from a good faith effort to follow such directive’s instructions. History. Code […]
§ 37-11-15. Application; Usage of Form; Use of Substantially Similar Forms
The provisions of this chapter shall not apply to or invalidate a valid psychiatric advance directive executed prior to July 1, 2022. The use of the form set forth in Code Section 37-11-16 or a similar form after July 1, 2022, in the creation of a psychiatric advance directive shall be deemed lawful and, when […]
§ 37-11-16. Form
“GEORGIA PSYCHIATRIC ADVANCE DIRECTIVE By: Date of Birth: (Print Name) (Month/Day/Year) As used in this psychiatric advance directive, the term: (1) “Facility” means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 […]
§ 37-11-9. Witness Requirement; Period of Validity; Civil Liability of Witnesses; Copies
A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound […]
§ 37-11-10. Revocation; Effect of Marriage or Appointment of Guardian
A directive may be revoked in whole or in part at any time by the declarant, so long as such declarant is capable, by any of the following methods: By completing a new directive that has provisions which are inconsistent with the provisions of a previously executed directive; an advance directive for health care executed […]
§ 37-11-11. Inclusion in Medical Record; Continuing Consent
Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant’s medical record. In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed […]
§ 37-11-12. Compliance by Providers and Facilities With Directive; Obligations; Transfers; Payment Assurances
When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is: Unavailable; Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or In the opinion of the provider or facility, inconsistent […]
§ 37-11-1. Short Title
This chapter shall be known and may be cited as the “Psychiatric Advance Directive Act.” History. Code 1981, § 37-11-1 , enacted by Ga. L. 2022, p. 611, § 1-1/HB 752.
§ 37-11-2. Purpose
This chapter is enacted in recognition of the fundamental right of an individual to have power over decisions relating to his or her mental health care as a matter of public policy. History. Code 1981, § 37-11-2 , enacted by Ga. L. 2022, p. 611, § 1-1/HB 752.