§ 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
At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, relative, or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent […]
§ 37-3-203. Classification of Residential Programs
The department is authorized to classify all adult residential mental health programs within the state according to the character and range of services provided. History. Code 1981, § 37-3-203 , enacted by Ga. L. 2022, p. 587, § 1/HB 1069.
§ 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
Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the […]
§ 37-3-204. Regulations Establishing Minimum Standards
The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations: Admission criteria which at a minimum must require a referral from either an inpatient psychiatric hospital that is discharging a patient to an adult […]
§ 37-3-150. [Effective Until 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 […]
§ 37-3-150. [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 […]