§ 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.
§ 37-11-10. 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 […]
§ 37-11-13. 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 […]
§ 37-11-2. 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.
§ 37-11-3. Definitions
As used in this chapter, the term: “Capable” means not incapable of making mental health care decisions. “Competent adult” means a person of sound mind who is 18 years of age or older or is an emancipated minor. “Declarant” means a person who has executed a psychiatric advance directive authorized by this chapter. “Facility” means […]
§ 37-11-4. Execution of Psychiatric Advance Directive; Appointment of Mental Health Care Agent
A competent adult may execute a psychiatric advance directive containing mental health care preferences, information, or instructions regarding his or her mental health care that authorizes and consents to a provider or facility acting in accordance with such directive. A directive may include consent to or refusal of specified mental health care. A psychiatric advance […]
§ 37-11-5. Designation of Agent; Authority; Removal by Court
A declarant may designate a competent adult to act as his or her agent to make decisions about his or her mental health care. An alternative agent may also be designated. An agent shall have no authority to make mental health care decisions when a declarant is capable. The authority of an agent shall continue […]
§ 37-11-6. Rights of Agent
Except to the extent that a right is limited by a directive or by any state or federal law or regulation, an agent shall have the same right as a declarant to receive information regarding the proposed mental health care and to receive, review, and consent to disclosure of medical records, including records relating to […]
§ 37-11-7. Persons Ineligible to Serve as Agents
The following persons shall not serve as a declarant’s agent: Such declarant’s provider or an employee of that provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant’s mental health care; or An employee of the Department of Behavioral Health and Developmental Disabilities […]
§ 37-11-8. Withdrawal by Agent
An agent may withdraw by giving written notice to a declarant. If such declarant is incapable of making mental health care decisions, such agent may withdraw by giving written notice to the provider or facility that is providing mental health care to the declarant at the time of the agent’s withdrawal. Any provider or facility […]
§ 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 […]