Physician's or Psychologist's Determination and Certification as to Involuntary Outpatient Care; Treatment of Patient as Inpatient or Outpatient

  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. Outpatient Treatment
  7. Physician's or Psychologist's Determination and Certification as to Involuntary Outpatient Care; Treatment of Patient as Inpatient or Outpatient

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  1. When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
    1. An inpatient or outpatient; and
    2. If an outpatient, whether:
      1. There is available outpatient treatment; and
      2. The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient.
  2. Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist.
  3. A person determined and certified to be:
    1. An outpatient;
    2. A person for whom there is available outpatient treatment; and
    3. Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient

      shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.

  4. A person determined and certified to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.

(Code 1981, §37-7-90, enacted by Ga. L. 1986, p. 1098, § 10; Ga. L. 1992, p. 1902, § 22.)

Law reviews.

- For comment, "1986 Amendments to Georgia's Mental Health Statutes: The Latest Attempt to Provide a Solution to the Problem of the Chronically Mentally Ill," see 36 Emory L.J. 1313 (1987).

JUDICIAL DECISIONS

Compliance with procedures.

- Findings in an involuntary treatment proceeding that the patient was incapacitated by alcohol on a recurring basis showed that the patient was unlikely to comply with outpatient treatment and therefore did not meet the outpatient requirements of O.C.G.A. § 37-7-90. 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).


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