Procedure for Detention of Patient Beyond Evaluation Period; Hearing

  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. Determination of Need for Treatment, Admission to Treatment Facilities
  7. Procedure for Detention of Patient Beyond Evaluation Period; Hearing

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  1. The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians or a physician and a psychologist who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians or physician and psychologist shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or psychologist or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
    1. A notice that a hearing will be held and the time and place thereof;
    2. A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
    3. A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;
    4. A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and
    5. A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.
  2. If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized treatment plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the treatment plan.
  3. In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-7-81.1 unless the hearing is waived in writing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court.

(Code 1933, §§ 88-404.20, 88-404.21, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-406.2, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1979, p. 744, § 8; Ga. L. 1982, p. 937, §§ 3, 11; Ga. L. 1983, p. 3, § 28; Ga. L. 1985, p. 1024, § 5; Ga. L. 1986, p. 1098, § 9; Ga. L. 1991, p. 1059, § 33; Ga. L. 1992, p. 1902, § 20.)

Cross references.

- Criminal penalty for malicious confinement of sane person in asylum, § 16-5-43.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "this article" was substituted for "Article 3 of this chapter" in the first sentence of subsection (a).

JUDICIAL DECISIONS

Compliance with procedures.

- Involuntary treatment proceedings initiated by use of a form patterned on subsection (a) of O.C.G.A. § 37-7-81 and based on findings that the patient was incapacitated by alcohol on a recurring basis satisfied the requirements of O.C.G.A. § 37-7-22(a). 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).

Cited in Hudgins v. Bawtinhimer, 196 Ga. App. 386, 395 S.E.2d 909 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 90, 93, 96, 97.

ALR.

- Validity and construction of statutes providing for civil commitment of arrested narcotic addicts, 98 A.L.R.2d 726.


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