Furnishing Copies of Psychological or Psychiatric Evaluation to Law Enforcement Officer Upon Request

1. Law
2. Georgia Code
3. Health
4. Health Records
5. Furnishing Copies of Psychological or Psychiatric Evaluation to Law Enforcement Officer Upon Request

1. Notwithstanding the provisions of Code Section 31-33-4, if a law enforcement officer employed by a governmental entity is required to submit to a psychological or psychiatric examination for the purpose of assessing the law enforcement officer's fitness for duty, employment status, or assignment of duties, then, upon the written request of the law enforcement officer, the employer shall furnish to the law enforcement officer a complete copy of the evaluation or report.
2. Any employer or health care provider furnishing or making a report or evaluation in good faith pursuant to the provisions of this Code section shall not be civilly or criminally liable to the law enforcement officer or any other person for furnishing or making such report or evaluation.
3. If an employer reasonably determines that disclosure of the evaluation or report to the law enforcement officer will be detrimental to the mental health of the law enforcement officer, would present a risk of harm to other persons, would involve the disclosure of confidential information or would violate the privacy of a third party, then the employer may refuse to furnish the record of evaluation; provided, however, that upon such refusal the evaluation or report shall, upon written request by the law enforcement officer, be furnished by the employer to a psychiatrist or psychologist treating the law enforcement officer.

(Code 1981, §31-33-7, enacted by Ga. L. 1998, p. 1499, § 1.)

Cross references.

- Employment and training of peace officers, T. 35, C. 8.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, "; provided," was substituted for "provided; " in subsection (c).

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