Right of Patient's Attorney to Interview Physicians, Psychologists, and Staff Attending Patient; Establishment of Regulations as to Release of Information to Patient's Attorney

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Examination, Treatment, etc., for Mental Illness
  5. Rights and Privileges of Patients, Their Representatives, etc., Generally
  6. Rights and Privileges as to Manner of Care and Treatment and as to Maintenance and Release of Clinical Records
  7. Right of Patient's Attorney to Interview Physicians, Psychologists, and Staff Attending Patient; Establishment of Regulations as to Release of Information to Patient's Attorney

Checkout our iOS App for a better way to browser and research.

The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.

(Code 1933, § 88-502.17, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.20, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1991, p. 1059, § 23.)

Cross references.

- Release of medical information generally, § 24-12-1 et seq.

CHAPTER 4 HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY Article 1 General Provisions.
  • 37-4-1. Declaration of policy.
  • 37-4-2. Definitions.
  • 37-4-3. Authority of board to issue regulations; powers of department generally.
  • 37-4-4. Coordination of training programs for the developmentally disabled.
  • 37-4-5. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September 1, 1978; validity of hospitalization orders entered before July 1, 2011.
  • 37-4-6. Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter.
  • 37-4-7. Apprehension by peace officer of developmentally disabled person who leaves facility without permission.
  • 37-4-8. Approval of private facilities; powers and duties of private facilities; right to deny admission.
Article 2 Procedures for Obtaining Services from the Department. Part 1 GENERAL PROVISIONS.
  • 37-4-20 through 37-4-22 [Repealed].
Part 2 COURT ORDERED SERVICES.
  • 37-4-40. Filing petition with court for according of program of services to developmentally disabled person; order for examination of person by comprehensive evaluation team; report by team; petition hearing; procedure upon finding that department services are necessary [Repealed].
  • 37-4-40.1 through 37-4-40.5 [Repealed].
  • 37-4-41. Procedure upon failure of or client's noncompliance with court ordered habilitation program [Repealed].
  • 37-4-42. Procedure for continuation of court ordered habilitation.
  • 37-4-43. Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel [Repealed].
  • 37-4-44. Periodic review of individualized program plan; discharge or transfer to another facility upon change in client's needs; notice of discharge or transfer.
Article 3 Placement, Transfer, and Transportation of Developmentally Disabled Persons Undergoing Habilitation, Generally.
  • 37-4-60. Designation of facility to which client to be admitted; transfers of clients between private and state owned facilities; transfers of clients generally.
  • 37-4-61. Transportation of clients generally.
  • 37-4-62. Transfer of clients to custody of federal agencies for services; retention of jurisdiction over clients by state courts; jurisdiction over developmentally disabled persons in federal hospitals and institutions located in state.
  • 37-4-63. Procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities.
  • 37-4-64. Procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident.
Article 4 Payment of Expenses of Care and Transportation of Developmentally Disabled Persons Under- going Habilitation, Generally.
  • 37-4-80. Effect of inability to pay on right to habilitation services.
  • 37-4-81. Liability for expenses for transporting, examining, and caring for clients.
  • 37-4-82. Payment of expenses incurred in connection with hearings held under this chapter.
Article 5 Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Rep- resentatives, etc., Generally. Part 1 GENERAL PROVISIONS.
  • 37-4-100. Retention of rights and privileges by clients generally; right to due process.
  • 37-4-101. Clients' right to legal counsel.
  • 37-4-102. Right of clients to communicate with persons outside facility and to receive visitors; treatment of client correspondence; establishment of regulations governing visitation and telephone usage.
  • 37-4-103. Clients' rights in regard to personal effects; liability of facility's employees and staff members for loss of or damage to clients' personal effects.
  • 37-4-104. Clients' right to vote.
  • 37-4-105. Employment of clients outside facilities.
  • 37-4-106. Education of children who are clients.
  • 37-4-107. Appointment of client representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem.
  • 37-4-108. Right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter.
  • 37-4-109. Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies.
  • 37-4-110. Appeal rights of clients, their representatives, or attorneys; payment of costs of appeal; right of client to subsequent appeal and to legal counsel on appeal.
Part 2 Rights and Privileges as to Manner of Habilitation and as to Maintenance and Release of Clinical Records. Cross references. - Plea in criminal case that defendant was insane or mentally incompetent at time act committed or is mentally incompetent to stand trial, § 17-7-130 et seq.
  • 37-4-120. Individual dignity of clients to be respected; use of criminal facilities and procedures.
  • 37-4-121. Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs.
  • 37-4-122. Client's care and treatment rights.
  • 37-4-123. Recognition of clients' physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery, immunity of physician; direction of notice of actions taken under Code section.
  • 37-4-124. Mistreatment, neglect, or abuse of clients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraints.
  • 37-4-125. Treatment of clinical records; scope of privileged communications; liability for disclosure.
  • 37-4-126. Right of client to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.
  • 37-4-127. Right of client's attorney to interview persons in charge of client's habilitation in a facility; establishment of regulations as to release of information to client's attorney.

Protective services for abused, neglected, or exploited disabled adults, T. 30, C. 5.

Reporting of abuse or exploitation of residents of long-term care facilities, § 31-8-80 et seq.

Rights of persons residing in long-term care facilities generally, § 31-8-100 et seq.

Administrative Rules and Regulations.

- Rules and regulations on "Mental Health and Mental Retardation and Substance Abuse," Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Chapters 290-4-1 and 290-4-3 et seq.

Law reviews.

- For article, "The Olmstead Decision: The Road to Dignity and Freedom," see 26 Ga. St. U.L. Rev. 651 (2010). For article, "Olmstead's Promise and Cohousing's Potential," see 26 Ga. St. U.L. Rev. 663 (2010). For article, "From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences," see 26 Ga. St. U.L. Rev. 741 (2010). For article, "The Constitutional Right to Community Services," see 26 Ga. St. U.L. Rev. 763 (2010). For article, "Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization," see 26 Ga. St. U.L. Rev. 803 (2010). For article, "The Potential and Risks of Relying on Title II's Integration Mandate to Close Segregated Institutions," see 26 Ga. St. U.L. Rev. 855 (2010). For article, "Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings," see 26 Ga. St. U.L. Rev. 875 (2010). For article, "From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid's History," see 26 Ga. St. U.L. Rev. 937 (2010). For note, "Deinstitutionalization: Georgia's Progress in Developing and Implementing an 'Effectively Working Plan' as Required by Olmstead v. L.C. ex rel," see 25 Ga. St. U.L. Rev. 699 (2009).

JUDICIAL DECISIONS

Cited in Whitfield v. State, 158 Ga. App. 660, 281 S.E.2d 643 (1981); Clayton v. State, 160 Ga. App. 908, 288 S.E.2d 621 (1982); Moses v. State, 167 Ga. App. 556, 307 S.E.2d 35 (1983).

ARTICLE 1 GENERAL PROVISIONS


Download our app to see the most-to-date content.