Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
  5. Examination, Hospitalization, and Treatment of Involuntary Patients
  6. Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician's Certificate or Court Order
  7. Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record

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

  1. A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-7-41, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record.
  2. Any psychologist may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist acting under this Code section. For purposes of this subsection, the term "psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist.

(Code 1933, § 88-404.3, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1981, p. 996, § 2; Ga. L. 1987, p. 3, § 37.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "physician" was substituted for "physican" following "examination by the" in the first sentence of subsection (a).

Cross references.

- Arrest of persons, T. 17, C. 4.

Licensing of applied psychologists, T. 43, C. 39.

OPINIONS OF THE ATTORNEY GENERAL

When provisions of chapter to be followed.

- Drug addicts and alcoholics may be treated at local facilities or hospitals whenever their condition warrants, but in order to have such a person committed for pretrial confinement in a state operated facility, the provisions of Ga. L. 1971, p. 273 (see O.C.G.A. Ch. 7, T. 37) must be followed. 1974 Op. Att'y Gen. No. U74-85.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 92 et seq., 98.


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