§ 37-3-215. Unlicensed Residential Mental Health Program; Penalty
On and after January 1, 2024, a facility shall be deemed to be an “unlicensed adult residential mental health program” if it is unlicensed and not exempt from licensure under this article and: The facility is providing services and is operating as an adult residential mental health program; The facility is held out as or […]
§ 37-3-205. Regulatory and Licensing Authority
The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article no later than July 1, 2023. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-8. All […]
§ 37-3-150. [Effective July 1, 2023. See note.] 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
The patient, the patient’s representatives, or the patient’s attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may […]
§ 37-3-160. Individual Dignity of Patients to Be Respected; Treatment of the Mentally Ill as Medical Patients; Use of Criminal Facilities and Procedures
The patient’s dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients. All […]
§ 37-3-161. Securing of Least Restrictive Alternative Placement; Assisting Patient in Securing Placement in Noninstitutional Community Facilities and Programs
It is the policy of the state that the least restrictive alternative placement be secured for every patient at every stage of his medical treatment and care. It shall be the duty of the facility to assist the patient in securing placement in noninstitutional community facilities and programs. History. Code 1933, § 88-502.21, enacted by […]
§ 37-3-162. Patients’ Care and Treatment Rights
Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient’s dignity and personal integrity. Each […]
§ 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
It shall be the policy of this state to recognize the personal physical integrity of all patients. It shall be the policy of this state to protect, within reason, the right of every individual to refuse medication except in cases where a physician determines that refusal would be unsafe to the patient or others. If […]
§ 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
As used in this Code section, the term: “Representative” means the representative designated by the patient or, in the absence of such designation, the person selected as a representative in the order of listing under subsection (b) of Code Section 37-3-147 but shall not mean the patient’s legal guardian. At the time of designation or […]
§ 37-3-165. Mistreatment, Neglect, or Abuse of Patients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraint
Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient’s treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. Physical restraints shall […]
§ 37-3-166. Treatment of Clinical Records; When Release Permitted; Scope of Privileged Communications; Liability for Disclosure; Notice to Sheriff of Discharge
A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall […]