Admission of Voluntary Patients; Parental Consent to Treatment; Giving Notice of Rights to Patient at Time of Admission

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
  5. Hospitalization and Treatment of Voluntary Patients
  6. Admission of Voluntary Patients; Parental Consent to Treatment; Giving Notice of Rights to Patient at Time of Admission

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  1. The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his parent or guardian, and any patient who has been declared legally incompetent and for whom such application is made by his guardian. If found to show evidence of alcoholism, drug dependence, or drug abuse and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section 37-7-21 or 37-7-22. The parents or guardian of a minor child must give written consent to such inpatient treatment. An individualized treatment plan shall be developed for such person as soon as possible.
  2. Any individual voluntarily admitted to a facility under this Code section shall be given notice of his rights under this chapter at the time of his admission.

(Code 1933, § 88-404.1, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-403.1, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1979, p. 744, § 6.)

Cross references.

- Giving of consent for surgical or medical treatment generally, T. 31, C. 9.

JUDICIAL DECISIONS

Involuntary treatment.

- One who is admitted under subsection (a) of O.C.G.A. § 37-7-20 can be treated while remaining a voluntary patient, and the reference in subsection (a) to voluntary patients under "subsection (a) of Code Section37-7-20" includes those who admit themselves for treatment. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Standards for involuntary retention of alcoholic patients are found in O.C.G.A. § 37-7-22 and by that section's references to O.C.G.A. §§ 37-7-41,37-7-61, and37-7-81. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999).

Discharge of voluntary patient.

- O.C.G.A. § 37-7-22(a) applies to the discharge of patients voluntarily admitted for treatment under subsection (a) of O.C.G.A. § 37-7-20, as well as voluntary patients admitted for evaluation or observation. Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999), reversing Wingate v. Ridgeview Inst., Inc., 233 Ga. App. 649, 504 S.E.2d 714 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 89, 90, 91.


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