§ 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 […]
§ 37-3-103. Procedure for Transfer of Georgia Residents From Out-of-State Hospitals to Georgia Hospitals
Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which the patient is hospitalized, a patient shall be eligible to be hospitalized in the State of Georgia if found by the department to be a legal resident of this state. The department […]
§ 37-3-104. Procedure Upon Discovery That a Patient Hospitalized in Georgia Is Not a Resident
If a hospitalized patient is discovered not to be a resident, the regional state hospital administrator of the treatment facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the state of his residence or to a publicly owned or publicly operated psychiatric hospital in that state. Notwithstanding […]
§ 37-3-120. Effect of Inability to Pay on Right to Care and Treatment
It is the policy of this state that no person shall be denied care and treatment for mental illness nor shall services be delayed at a facility of the state or a political subdivision of the state because of inability to pay for such care and treatment. History. Code 1933, § 88-502.2, enacted by Ga. […]
§ 37-3-121. Liability for Certain Expenses of Transporting, Examining, and Caring for Patients
The responsibility for paying the expenses for transporting, examining, and caring for patients, which expenses are not provided for under Chapter 9 of this title, relating to the payment of costs of care of persons admitted to state institutions under the department, shall be in the following order: The patient or his estate; Persons legally […]
§ 37-3-122. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter
Except as provided in this Code section, the expenses of any hearing held under this chapter by a court or by a hearing examiner, including attorneys’ fees authorized by paragraph (1) of subsection (b) of this Code section and including hearing officer expenses authorized by paragraph (3) of subsection (b) of this Code section, shall […]
§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process
Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due […]
§ 37-3-141. Patients’ Right to Legal Counsel
It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization. History. Code 1933, § 88-502.12, […]
§ 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
When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is […]