For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication by such drug dependent person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made.
(Ga. L. 1972, p. 714, § 18; Ga. L. 1985, p. 476, § 16; Ga. L. 1986, p. 10, § 26; Ga. L. 1991, p. 94, § 26; Ga. L. 2017, p. 307, § 2/SB 88.)
The 2017 amendment, effective May 4, 2017, substituted "article" for "chapter" near the middle of this Code section.
Law reviews.- For comment, "The Psychotherapist-Client Testimonial Privilege: Defining the Professional Involved," see 34 Emory L.J. 777 (1985).
JUDICIAL DECISIONS
Admission of documents pursuant to court order.
- Admission of records relating to a mother's drug treatment, which were admitted pursuant to the order of the juvenile court after a full and fair show-cause hearing, was not an abuse of discretion. In re L.H., 236 Ga. App. 132, 511 S.E.2d 253 (1999), overruled in part by State v. Herendeen, 279 Ga. 323, 613 S.E.2d 647 (2005).