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§ 37-1-1.
As used in this title, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or
dependence upon alcohol or other drugs and includes substance abuse.
(2) 'Board' means the Board of Human Resources.
(3) 'Commissioner' means the commissioner of human resources.
(4) 'Community service board' means a public mental health, developmental
disabilities, and addictive diseases board established pursuant to Code Section
37-2-6 which provides one or more mental health, developmental disability, and
addictive disease services through contract with the department. Such community
service board may enroll with the department to become a provider of specific
mental health, developmental disability, and addictive disease services with
such services being negotiated and contracted annually with the department.
(5) 'Consumer' means a natural person who has been or is a
recipient of disability services as defined in Code Section 37-2-2.
(6) 'County board of health' means a county board of health established in
accordance with Chapter 3 of Title 31 and includes its duly authorized agents.
(7) 'Department' means the Department of Human Resources and includes its duly
authorized agents and designees.
(8) 'Division' means the Division of Mental Health, Developmental Disabilities,
and Addictive Diseases.
(9) 'Peace officer' means any federal, city, or county
police officer, any officer of the Georgia State Patrol, or any sheriff or
deputy sheriff.
(10) 'Penal offense' means a violation of a law of the United States, this
state, or a political subdivision thereof for which the offender may be
confined in a state prison or a city or county jail or any other penal
institution.
(11) 'Physician' means any person duly authorized to
practice medicine in this state under Chapter 34 of Title 43.
(12) 'Psychologist' means any person authorized under the
laws of this state to practice as a licensed psychologist as set forth in
paragraph (3) of Code Section 43-39-1.
(13) 'Regional board' means a regional mental health, mental
retardation, and substance abuse board established in accordance with Code
Section 37-2-4.1 as that Code section existed on June 30, 2002.
(14) 'Regional coordinator' means an employee of the
department who acts as the departmentīs agent and
designee to manage community and hospital services for consumers of disability
services within a mental health, developmental disabilities, and addictive
diseases region established in accordance with Code Section 37-2-3.
(15) 'Regional office' means a Division of Mental Health,
Developmental Disabilities, and Addictive Diseases of the Department of Human
Resources office created pursuant to Code Section 37-2-4.1. Such office shall
serve as the entity for the administration of disability services in a region.
(16) 'Regional planning board' means a mental health,
developmental disabilities, and addictive diseases planning board established
in accordance with Code Section 37-2-4.1.
(17) 'Regional services administrator' means an employee of the
department who, under the supervision of the regional coordinator, manages the
purchase or authorization of services, or both, for consumers of disability
services, the assessment and coordination of services, and ongoing monitoring
and evaluation of services provided within a mental health, developmental
disabilities, and addictive diseases region established in accordance with Code
Section 37-2-3.
(18) 'Regional state hospital administrator' means the chief
administrative officer of a state owned or state operated hospital and the
state owned or operated community programs in a region. The regional state
hospital administrator, under the supervision of the regional coordinator, has
overall management responsibility for the regional state hospital and manages
services provided by employees of the regional state hospital and employees of
state owned or operated community programs within a mental health,
developmental disabilities, and addictive diseases region established in
accordance with Code Section 37-2-3.
(19) 'Resident' means a person who is a legal resident of
the State of
(20) 'Service area' means a community service area.
§ 37-1-2.
(a) The General Assembly finds that the state has a need to
continually improve its system for providing effective, efficient, and quality
mental health, developmental disability, and addictive disease services. The
General Assembly also finds that the needs of the publicly funded mental
health, developmental disability, and addictive disease system and the state
can best be met through reorganizing the regional mental health, mental
retardation, and substance abuse boards and certain functions of the Department
of Human Resources. Further, the General Assembly finds that a comprehensive
range of quality services and opportunities is vitally important to the
existence and well-being of individuals with mental health, developmental
disability, or addictive disease needs and their families. The General Assembly
further finds that the state has an obligation and a responsibility to develop
and implement planning and service delivery systems which focus on a core set
of consumer oriented, community based values and principles which include, but
are not limited to, the following:
(1) Consumers and families should have choices about services and providers and
should have substantive input into the planning and delivery of all services;
(2) A single point of accountability should exist for fiscal, service, and
administrative issues to ensure better coordination of services among all
programs and providers and to promote cost-effective, efficient service
delivery and administration;
(3) The system should be appropriately comprehensive and adaptive to allow
consumers and their families to access the services they desire and need;
(4) Public programs are the foundation of the service planning and delivery
system and they should be valued and nurtured; at the same time, while assuring
comparable standards of quality, private sector involvement should be increased
to allow for expanded consumer choice and improved cost effectiveness;
(5) Planning should reside at the local level, with the primary authority
vested in local government, consumers, families, advocates, and other
interested local parties;
(6) The system should ensure that the needs of consumers who are most in need
are met at the appropriate service levels; at the same time, prevention
strategies should be emphasized for those disabilities which are known to be
preventable;
(7) The system should be designed to provide the highest quality of services
utilizing flexibility in funding, incentives, and outcome evaluation techniques
which reinforce quality, accountability, efficiency, and consumer satisfaction;
(8) The functions of service planning, coordination, contracting, resource
allocation, and consumer assessment should be separated from the actual
treatment, habilitation, and prevention services provided by contractors;
(9) Consumers and families should have a single, community based point of entry
into the system;
(10) Consumers, staff, providers, and regional planning board and community
service board members should receive ongoing training and education and should
have access to key management resources such as information systems and technical
and professional support services; and
(11) The department is responsible for ensuring the appropriate use of state,
federal, and other funds to provide quality services for individuals with
mental health, developmental disabilities, or addictive disease needs who are
served by the public system and to protect consumers of these services from
abuse and maltreatment.
(b) Local governments, specifically county governing authorities, have provided
outstanding leadership and support for mental health, developmental disability,
and addictive disease programs, and the General Assembly finds that their
investments, both personal and capital, should be valued and utilized in any
improved system. As such, the state and any new governing structure should take
special precautions to ensure that the county governing authorities have an
expanded level of input into decision making and resource allocation and that
any services or programs should continue to use and expand their use of county
facilities and resources wherever appropriate and possible.
(c) The purpose of this chapter and Chapter 2 of this title is to provide for a
comprehensive and improved mental health, developmental disability, and
addictive disease services planning and delivery system in this state which
will develop and promote the essential public interests of the state and its
citizens. The provisions of this chapter and Chapter 2 of this title shall be
liberally construed to achieve their purposes.
§ 37-1-20.
(a) The Division of Mental Health, Developmental Disabilities, and Addictive
Diseases shall be a division of the department and shall be managed by a
director whose qualifications meet standards set by the board.
(b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for mental health,
developmental disabilities, and addictive diseases;
(2) Direct, supervise, and control the medical and physical care, treatment,
and rehabilitation provided by the institutions and programs under its control,
management, or supervision;
(3) Have authority to contract for services with: community service boards,
private agencies, and other public entities for the provision of services
within a service area so as to provide an adequate array of services, choice of
providers for consumers, and to comply with the applicable federal laws, rules
and regulations related to public or private hospitals; hospital authorities;
medical schools, and training and educational institutions; departments and agencies
of this state; county or municipal governments; any person, partnership,
corporation, or association, whether public or private; the United States
government or the government of any other state;
(4) Establish and support programs for the training of professional and
technical personnel as well as regional planning boards and community service
boards;
(5) Have authority to conduct research into the causes and treatment of
disability and into the means of effectively promoting mental health;
(6) Assign specific responsibility to one or more units of the division for the
development of a disability prevention program. The objectives of such program
shall include, but are not limited to, monitoring of completed and ongoing
research related to the prevention of disability, implementation of programs
known to be preventive, and testing, where practical, of those measures having
a substantive potential for the prevention of disability;
(7) Establish a system for regional administration of
mental health, developmental disability, and addictive disease services in
institutions and in the community under the supervision of a regional
coordinator;
(8) Make and administer budget allocations to regional offices of the division
established by the board pursuant to Code Section 37-2-4.1, to fund the
operation of mental health, developmental disabilities, and addictive diseases
facilities and programs;
(9) Coordinate in consultation with providers, professionals, and other experts
the development of appropriate outcome measures for client centered service
delivery systems;
(10) Establish, operate, supervise, and staff programs and facilities for the
treatment of disabilities throughout this state;
(11) Disseminate information about available services and the facilities
through which such services may be obtained;
(12) Supervise the regional officeīs
exercise of its responsibility and authority concerning funding and delivery of
disability services;
(13) Supervise the regional offices concerning the receipt and administration
of grants, gifts, moneys, and donations for purposes pertaining to mental
health, developmental disabilities, and addictive diseases;
(14) Supervise the regional offices concerning making contracts with any
hospital, community service board, or any public or private providers without
regard to regional or state boundaries for the provision of disability services
and in making and entering into all contracts necessary or incidental to the
performance of the duties and functions of the division and the regional
offices;
(15) Regulate the delivery of care, including behavioral interventions and
medication administration by licensed staff, or certified staff as determined
by the division, within residential settings serving only persons who are
receiving services authorized or financed, in whole or in part, by the
division; and
(16) Establish 'community living arrangements' which shall be defined as any
residence, whether operated for profit or not, which undertakes through its
ownership or management to provide or arrange for the provision of housing,
food, one or more personal services, supports, care, or treatment exclusively
for two or more persons who are not related to the owner or administrator of
the residence by blood or marriage and whose services are financially
supported, in whole or in part, by funds authorized through the Division of
Mental Health, Developmental Disabilities, and Addictive Diseases of the
Department of Human Resources.
(c) The department shall:
(1) Establish a unit of the department which shall receive and consider
complaints from individuals receiving services, make recommendations to the
director of the division regarding such complaints, and ensure that the rights
of individuals receiving services are fully protected;
(2) Exercise all powers and duties provided for in this title or which may be
deemed necessary to effectuate the purposes of this title;
(3) Assign specific responsibility to one or more units of the division for the
development of programs designed to serve disabled infants, children, and
youth. To the extent practicable, such units shall cooperate with the Georgia
Department of Education and the University System of Georgia in developing such
programs; and
(4) Classify and license community living arrangements, as defined in paragraph
(16) of subsection (b) of this Code section, in accordance with the rules and
regulations promulgated by the department for the licensing of community living
arrangements and the enforcement of licensing requirements. To be eligible for
licensing as a community living arrangement, the residence and services
provided must be integrated within the local community. All community living
arrangements licensed by the department shall be subject to the provisions of
Code Sections
§ 37-1-21.
(a) The department is designated and empowered as the agency of this state
responsible for supervision and administrative control of: state facilities for
the treatment of mental illness or the habilitation and treatment of
individuals with developmental disabilities; state hospitals for the treatment
of tubercular patients; programs for the care, custody, and treatment of
addictive disease; and other facilities, institutions, or programs which now or
hereafter come under the supervision and administrative control of the
department. With respect to all such facilities, institutions, or programs the
department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such
facilities, institutions, or programs, prescribe and change the duties of such
officers from time to time, and fix their salaries as provided for by the pay
plan covering positions under the State Merit System of Personnel
Administration and in accordance with rules and regulations of the State
Personnel Board, except that the commissioner shall not be subject to the State
Merit System of Personnel Administration or the rules and regulations of the
State Personnel Board. The department shall discharge and cause to be
prosecuted any officer or other person who shall assault any patient in any of
such facilities or institutions or who shall knowingly use toward any such
patient any other or greater force than the occasion may require;
(2) To refuse or accept and hold in trust for any such facility, institution,
or program any grant or devise of land or bequest or donation of money or other
property for the particular use specified or, if no use is specified, for the
general use of such facility, institution, or program;
(3) To bring suit in its name for any claims which any such facility or
institution may have, however arising;
(4) To appoint police of such facilities, institutions, or programs who are
authorized, while on the grounds or in the buildings of the respective
facilities, institutions, or programs to make arrests with the same authority,
power, privilege, and duties as the sheriffs of the respective counties in
which such facilities, institutions, or programs are situated. If because of
the contagious or infectious nature of the disease of persons arrested
facilities are not available for their detention, such police shall be
authorized to confine such persons within the respective facilities,
institutions, or programs pending trial as provided in other cases. After trial
and conviction of any such person, he or she shall be sentenced to serve his or
her term of sentence in the secured ward of the facility, institution, or program;
and
(5) To have full authority to receive patients ordered admitted to such
facilities, institutions, or programs pursuant to any law, to receive any
voluntary patients, to discharge such patients pursuant to law, to contract
with patients or other persons acting on behalf of patients or legally
responsible therefor, and in general to exercise any
power or function with respect to patients provided by law. It is the intent of
the General Assembly to provide always the highest quality of diagnosis, treatment,
custody, and care consistent with medical, therapeutic, and habilitative
evidence based practice and knowledge. It is the further intent of the General
Assembly that the powers and duties of the department with respect to patients
shall be administered by persons properly trained professionally for the
exercise of their duties, consistent with the intention expressed in this Code
section.
(b) The board is empowered to prescribe all rules and regulations for the
management of such facilities, institutions, and programs not conflicting with
the law.
§ 37-1-24.
No provision in this title shall require the department or any facility or
private facility or any community service board to utilize a physician in lieu
of a psychologist or a psychologist in lieu of a physician in performing
functions under this title even though this title authorizes either a physician
or a psychologist to perform the function.
§ 37-2-1.
(a) The State of Georgia recognizes its responsibility for its citizens who are
mentally ill or developmentally disabled including individuals with epilepsy,
cerebral palsy, autism, and other neurologically disabling conditions or who
abuse alcohol, narcotics, or other drugs and recognizes an obligation to such
citizens to meet their needs through a coordinated system of community
facilities, programs, and services.
(b) It is the policy of this state to provide adequate
mental health, developmental disability, addictive disease, and other
disability services to all its citizens. It is further the policy of this state
to provide such services through a unified system which encourages cooperation
and sharing of resources among all providers of such services, both
governmental and private.
(c) It is the purpose of this chapter to enable and encourage
the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability
services; to improve and expand community programs for the disabled; to provide
continuity of care through integration of county, area, regional, and state
services and facilities for the disabled; to provide for joint disability
services and the sharing of manpower and other resources; and to monitor and
restructure the system of providing disability services in the State of Georgia
to make better use of the combined public and private resources of the state
and local communities.
(d) The provisions of this chapter shall be liberally
construed to achieve the objectives set forth in this Code section.
§ 37-2-2.
As used in
this chapter, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or
dependence upon alcohol or other drugs and includes substance abuse.
(2) 'Community service board' means a public mental health,
developmental disabilities, and addictive diseases board established pursuant
to Code Section 37-2-6 which provides one or more mental health, developmental
disabilities, and addictive diseases services through contract with the
department. Such community service board may enroll with the department to
become a provider of specific mental health, developmental disabilities, and
addictive diseases services with such services being negotiated and contracted
annually with the department.
(3) 'Consumer' means a natural person who has been or is a
recipient of disability services as defined in this Code section.
(4) 'Developmental disability' includes mental retardation and other
neurologically disabling conditions, including epilepsy, cerebral palsy, and
autism, which require treatment similar to that for individuals with mental
retardation.
(5) 'Director' means the director of the Division of Mental Health,
Developmental Disabilities, and Addictive Diseases.
(6) 'Disability' means:
(A) Mental or emotional illness;
(B) Developmental disability; or
(C) Addictive disease.
(7) 'Disability services' means services to the disabled or
services which are designed to prevent or ameliorate the effect of a
disability.
(8) 'Disabled' means any person or persons having a disability.
(9) 'Division' means the Division of Mental Health, Developmental Disabilities,
and Addictive Diseases of the Department of Human Resources.
(10) 'Hospital' means a state owned or state operated facility providing
services which include, but are not limited to, inpatient care and the
diagnosis, care, and treatment or habilitation of the disabled. Such hospital
may also provide or manage state owned or operated programs in the community.
(11) 'Regional board' means a regional mental health, mental retardation, and
substance abuse board established in accordance with Code Section 37-2-4.1 as
that Code section existed on June 30, 2002.
(12) 'Regional office' means the Division of Mental Health, Developmental
Disabilities, and Addictive Diseases of the Department of Human Resources
office created pursuant to Code Section 37-2-4.1. Such office shall be an
office of the division which shall serve as the entity for the administration
of disability services in a region.
(13) 'Regional planning board' means a regional mental health, developmental
disabilities, and addictive diseases board established in accordance with Code
Section 37-2-4.1.
§ 37-2-2.1.
The Department of Human Resources shall have a Division of Mental Health,
Developmental Disabilities, and Addictive Diseases.
§ 37-2-3.
(a) The board shall designate boundaries for mental health,
developmental disabilities, and addictive diseases regions and may modify the
boundaries of such regions from time to time as deemed necessary by the board.
(b) The division, with the approval of the commissioner,
shall designate community service areas, which shall serve as boundaries for
the establishment and operation of community service boards within this state
for the purpose of delivering disability services. The division shall be
authorized to initiate the redesignation of such
community service area boundaries and may consider requests from a county or
group of counties for recommended changes to the boundaries of the community
service areas.
(c) To the extent practicable, the boundaries for regional planning boards and
offices and community service areas shall not subdivide any county unit or
conflict with any districts established by the department and the state
relating to the planning for, or delivery of, health services. In dividing the
state into areas, the board, the department, and the division shall take into
consideration such factors as geographic boundaries, roads and other means of
transportation, population concentrations, city and county lines, other
relevant community services, and community economic and social relationships.
Consideration shall also be given to the existence of facilities and personnel
available in the areas for the delivery of disability services.
§ 37-3-1.
As used in this chapter, the term:
(.1) 'Available outpatient treatment' means outpatient
treatment, either public or private, available in the patientīs community, including but not limited to
supervision and support of the patient by family, friends, or other responsible
persons in that community. Outpatient treatment at state expense shall be
available only within the limits of state funds specifically appropriated therefor.
(1) 'Chief medical officer' means the physician with overall
responsibility for patient treatment at any facility receiving patients under
this chapter or a physician appointed in writing as the designee of such chief
medical officer.
(2) 'Clinical record' means a written record pertaining to
an individual patient and shall include all medical records, progress notes, charts,
admission and discharge data, and all other information which is recorded by a
facility or other entities responsible for a patientīs
care and treatment under this chapter and which pertains to the patientīs hospitalization and treatment. Such other
information as may be required by rules and regulations of the board shall also
be included.
(3) 'Community mental health center' means an organized
program for the care and treatment of the mentally ill operated by a community
service board or other appropriate public provider.
(4) 'Court' means:
(A) In the case of an individual who
is 17 years of age or older, the probate court of the county of residence of
the patient or the county in which such patient is found. Notwithstanding Code
Section 15-9-13, in any case in which the judge of such court is unable to hear
a case brought under this chapter within the time required for such hearing or
is unavailable to issue the order specified in subsection (b) of Code Section
37-3-41, such judge shall appoint a person to serve and exercise all the
jurisdiction of the probate court in such case. Any person so appointed shall
be a member of the State Bar of Georgia and shall be otherwise qualified for
his duties by training and experience. Such appointment may be made on a
case-by-case basis or by making a standing appointment of one or more persons.
Any person receiving such standing appointment shall serve at the pleasure of
the judge making the appointment or his successor in office to hear such cases
if and when necessary. The compensation of a person so appointed shall be as
agreed upon by the judge who makes the appointment and the person appointed
with the approval of the governing authority of the county for which such
person is appointed and shall be paid from the county funds of said county. All
fees collected for the services of such appointed person shall be paid into the
general funds of the county served; or
(B) In the case of an individual who
is under the age of 17 years, the juvenile court of the county of residence of
the patient or the county in which such patient is found.
(5) 'Emergency receiving facility' means a facility
designated by the department to receive patients under emergency conditions as
provided in Part 1 of Article 3 of this chapter.
(6) 'Evaluating facility' means a facility designated by the
department to receive patients for psychiatric evaluation as provided in Part 2
of Article 3 of this chapter.
(7) 'Facility' means any state owned or state operated
hospital, community mental health center, or other facility utilized for the
diagnosis, care, treatment, or hospitalization of persons who are mentally ill;
any facility operated or utilized for such purpose by the United States
Department of Veterans Affairs or other federal agency; and any other hospital
or facility within the State of Georgia approved for such purpose by the
department.
(8) 'Full and fair hearing' or 'hearing' means a proceeding
before a hearing examiner under Code Section 37-3-83 or Code Section 37-3-93 or
before a court as defined in paragraph (4) of this Code section. The hearing
may be held in a regular courtroom or in an informal setting, in the discretion
of the hearing examiner or the court, but the hearing shall be recorded
electronically or by a qualified court reporter. The patient shall be provided
with effective assistance of counsel. If the patient cannot afford counsel, the
court shall appoint counsel for him or the hearing examiner shall have the
court appoint such counsel; provided, however, that the patient shall have the
right to refuse in writing the appointment of counsel, in the discretion of the
hearing examiner or the court. The patient shall have the right to confront and
cross-examine witnesses and to offer evidence. The patient shall have the right
to subpoena witnesses and to require testimony before the hearing examiner or
in court in person or by deposition from any physician upon whose evaluation
the decision of the hearing examiner or the court may rest. The patient shall
have the right to obtain a continuance for any reasonable time for good cause
shown. The hearing examiner and the court shall apply the rules of evidence
applicable in civil cases. The burden of proof shall be upon the party seeking
treatment of the patient. The standard of proof shall be by clear and
convincing evidence. At the request of the patient, the public may be excluded
from the hearing. The patient may waive his right to be present at the hearing,
in the discretion of the hearing examiner or the court. The reason for the
action of the court or hearing examiner in excluding the public or permitting
the hearing to proceed in the patientīs absence shall
be reflected in the record.
(9) 'Individualized service plan' means a proposal developed
during a patientīs stay in a facility and which is
specifically tailored to the individual patientīs
treatment needs. Each plan shall clearly include the following:
(A) A statement of treatment goals
or objectives, based upon and related to a proper
evaluation, which can be reasonably achieved within a designated time interval;
(B) Treatment methods and procedures
to be used to obtain these goals, which methods and procedures are related to
these goals and which include a specific prognosis for achieving these goals;
(C) Identification of the types of
professional personnel who will carry out the treatment and procedures,
including appropriate medical or other professional involvement by a physician
or other health professional properly qualified to fulfill legal requirements
mandated under state and federal law;
(D) Documentation of patient
involvement and, if applicable, the patientīs
accordance with the service plan; and
(E) A statement attesting that the
chief medical officer has made a reasonable effort to meet the planīs individualized treatment goals in the least
restrictive environment possible closest to the patientīs
home community.
(9.1) 'Inpatient' means a person who is mentally ill and:
(A)(i) Who
presents a substantial risk of imminent harm to that person or others, as
manifested by either recent overt acts or recent expressed threats of violence
which present a probability of physical injury to that person or other persons;
or
(ii) Who is so unable to care for
that personīs own physical health and safety as to create
an imminently life-endangering crisis; and
(B) Who is in need of involuntary
inpatient treatment.
(9.2) 'Inpatient treatment' or 'hospitalization' means a
program of treatment for mental illness within a hospital facility setting.
(9.3) 'Involuntary treatment' means inpatient or outpatient
treatment which a patient is required to obtain pursuant to this chapter.
(10) 'Least restrictive alternative,' 'least restrictive
environment,' or 'least restrictive appropriate care and treatment' means that
which is the least restrictive available alternative, environment, or care and
treatment, respectively, within the limits of state funds specifically
appropriated therefor.
(11) 'Mentally ill' means having a disorder of thought or
mood which significantly impairs judgment, behavior, capacity to recognize
reality, or ability to cope with the ordinary demands of life.
(12) 'Mentally ill person requiring involuntary treatment'
means a person who is an inpatient or an outpatient.
(12.1) 'Outpatient' means a person who is mentally ill and:
(A) Who is not an inpatient but who, based on the personīs
treatment history or current mental status, will require outpatient treatment
in order to avoid predictably and imminently becoming an inpatient;
(B) Who because of the personīs current mental status, mental history, or nature
of the personīs mental illness is unable voluntarily
to seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment.
(12.2) 'Outpatient treatment' means a program of treatment
for mental illness outside a hospital facility setting which includes, without
being limited to, medication and prescription monitoring, individual or group
therapy, day or partial programming activities, case management services, and
other services to alleviate or treat the patientīs
mental illness so as to maintain the patientīs
semi-independent functioning and to prevent the patientīs
becoming an inpatient.
(13) 'Patient' means any mentally ill person who seeks
treatment under this chapter or any person for whom such treatment is sought.
(14) 'Private facility' means any hospital facility that is
a proprietary hospital or a hospital operated by a nonprofit corporation or
association approved for the purposes of this chapter, as provided herein, or
any hospital facility operated by a hospital authority created pursuant to the
'Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31.
(14.1) 'Psychologist' means a licensed psychologist who
meets the criteria of training and experience as a health service provider
psychologist as provided in Code Section 31-7-162.
(14.2) 'Regional state hospital administrator' means the
chief administrative officer of a state owned or state operated hospital and
the state owned or operated community programs in a region. The regional state
hospital administrator, under the supervision of the regional coordinator, has
overall management responsibility for the regional state hospital and manages
services provided by employees of the regional state hospital and employees of
state owned or operated community programs within a mental health,
developmental disabilities, and addictive diseases region established in
accordance with Code Section 37-2-3.
(15) 'Representatives' means the persons appointed as
provided in Code Section 37-3-147 to receive notice of the proceedings for
voluntary or involuntary treatment.
(16) 'Superintendent' means the chief administrative officer
who has overall management responsibility at any facility receiving patients
under this chapter, other than a regional state hospital or state owned or
operated community program, or an individual appointed as the designee of such
superintendent.
(16.1) 'Traumatic brain injury' means a traumatic insult to
the brain and its related parts resulting in organic damage thereto which may
cause physical, intellectual, emotional, social, or vocational changes in a
person. It shall also be recognized that a person having a traumatic brain
injury may have organic damage or physical or social disorders, but for the
purposes of this chapter, traumatic brain injury shall not be considered mental
illness as defined in paragraph (11) of this Code section.
(17) 'Treatment' means care, diagnostic and therapeutic
services, including the administration of drugs, and any other service for the
treatment of an individual.
(18) 'Treatment facility' means a facility designated by the
department to receive patients for psychiatric treatment as provided in Code
Sections 37-3-80 through 37-3-84.
§ 37-3-2.
(a) The board shall issue regulations to implement this chapter in accordance
with the intent of this chapter to safeguard the rights of the mentally ill, as
set forth in Code Sections 37-3-100, 37-3-101, and 37-3-120, and Article 6 of
this chapter.
(b) In addition to the other powers provided by this chapter, the department
shall have the authority:
(1) To enforce the regulations issued by the board;
(2) To prescribe the forms of applications, records, medical certificates, and
any other forms required or used under this chapter and the information
required to be contained therein;
(3) To require such reports from any facility as it may find necessary to the
performance of its duties or functions;
(4) To visit facilities regularly to review the hospitalization procedures
applied to all patients;
(5) To determine the care and treatment being given all patients;
(6) To investigate complaints and make reports and recommendations relative to
the same; and
(7) To make effective such procedures and orders as may be appropriate to carry
out this chapter.
Notwithstanding the powers granted to the department under this Code section,
the requirements of this Code section as to determination of treatment and care
of patients and the investigation of complaints shall not apply to patients
hospitalized in an institution operated by or under the control of the United
States Department of Veterans Affairs or any other federal agency.
§ 37-3-3.
No hospitalization of a mentally ill person lawful before
§ 37-3-4.
Any physician, psychologist, peace officer, attorney, or health official, or
any hospital official, agent, or other person employed by a private hospital or
at a facility operated by the state, by a political subdivision of the state,
or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title
31, who acts in good faith in compliance with the admission and discharge
provisions of this chapter shall be immune from civil or criminal liability for
his actions in connection with the admission of a patient to a facility or the
discharge of a patient from a facility.
§ 37-3-5.
If, during the period of involuntary hospitalization
pursuant to any valid physicianīs certificate, court
order, or order by the hearing examiner authorized by this chapter, a patient
escapes or otherwise leaves a facility without permission, the facility may
advise any peace officer that the patient has escaped or otherwise left the
facility without permission; and the peace officer shall be authorized to take
the patient into custody and return him to such facility.
§ 37-3-6.
Any private facility within this state may be approved as an emergency
receiving facility, an evaluating facility, or a treatment facility by the
department at the request of or with the consent of the governing officers of such
private facility. When so approved, the private facility shall have all powers
given to the corresponding type of state owned or state operated facility under
the provisions of this chapter on voluntary admission, emergency admission,
admission for evaluation, and involuntary hospitalization and shall have all
duties and obligations of such facilities imposed by this chapter, except that
any such private facility may decline to accept any patient who is unable to
pay it for hospitalization or for whom it has no available space.
§ 37-3-7.
Any person who abandons or leaves any patient on the grounds
of any state owned or state operated psychiatric hospital without the
permission of the regional state hospital administrator of the hospital commits
the offense of criminal trespass.
§ 37-3-8.
Any person who loiters about or trespasses on the property of any state owned
or state operated psychiatric hospital or drives or rides over the grounds or
roads of such hospital property with horses, automobiles, bicycles,
motorcycles, or other vehicles, except in accordance with such rules and
regulations as may be posted under the authority of the board, commits the
offense of criminal trespass.
§ 37-3-20.
(a) 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 mental illness 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 37-3-21 or 37-3-22. The parents or guardian of a minor
child must give written consent to such treatment. An individualized service
plan shall be developed for such person as soon as possible.
(b) 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.
§ 37-3-21.
(a) The chief medical officer of the facility shall
discharge any voluntary patient who has recovered from his mental illness or
who has sufficiently improved that the chief medical officer determines, after
consideration of the recommendations of the treatment team, that
hospitalization of the patient is no longer necessary, provided that in no
event shall any such patient be so discharged if, in the judgment of the chief
medical officer of such facility, such discharge would be unsafe for the
patient or others. The chief medical officer may designate in writing a
physician or psychologist, who may be the attending physician or treating
psychologist, to make these discharge decisions. If the decision of the
designee is contrary to the recommendations of the treatment team or of a
physician or psychologist member of the treatment team, the issue must go to
the chief medical officer for final determination. Where there is concurrence,
the decision of the designee will be final.
(b) Notice of discharge of patients who have been transferred from involuntary
to voluntary status shall be given pursuant to Code Section 37-3-24.
§ 37-3-22.
(a) A voluntary patient, other than a minor child for whom admission has been
sought by his parents or guardian, who has admitted himself to a facility
pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patientīs personal representative, legal guardian, parent,
spouse, attorney, or adult next of kin may request such patientīs
discharge in writing at any time after his admission. If the patient was
admitted on his own application and the request for discharge is made by a
person other than the patient, the discharge shall be conditioned upon the
agreement of the patient thereto, unless such other person is the legal
guardian of the patientīs person. The request for
discharge may be submitted to the chief medical officer or to any staff physician
or staff psychologist or staff registered nurse of the facility for transmittal
to the chief medical officer. If the patient or another on his behalf makes an
oral request for release to any member of the staff or other service provider,
the patient must within 24 hours be given assistance in preparing a written
request. The person to whom a written request is submitted shall deliver the
request to the chief medical officer within 24 hours, Saturdays, Sundays, and
legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays,
of the delivery of a written request for release to the chief medical officer,
the patient must be discharged from the facility, unless the chief medical
officer finds that the discharge would be unsafe for the patient or others, in
which case proceedings for involuntary treatment must be initiated under either
Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81.
(b) Notice of discharge of patients who have been
transferred from involuntary to voluntary status shall be given pursuant to
Code Section 37-3-24.
§ 37-3-23.
At the time of his admission and each six months thereafter, any voluntary
patient admitted to a facility under Code Section 37-3-20 or transferred to
voluntary status under Code Section 37-3-24 shall be notified in writing of his
right to discharge upon application under Code Section 37-3-22 and of all other
rights granted to patients under this chapter.
§ 37-3-24.
Any involuntary patient may apply to be transferred to voluntary status of
hospitalization and shall be so transferred if he is able to understand and
exercise the rights and powers of a voluntary patient unless the chief medical
officer finds that this would not be in the best interest of the patient, which
finding shall be entered in the patientīs clinical
record and signed by the chief medical officer. In any case in which such
transfer to voluntary status occurs and in any case in which a patient
transferred to voluntary status is discharged, notice of such transfer or discharge,
as the case may be, shall be given: to the patient and his representatives; if
the patientīs hospitalization was ordered by the
court, to the court which entered such order; if the patient was admitted to a
facility under subsection (a) of Code Section 37-3-41, to the physician or
psychologist executing the certificate; and, if the patient was under criminal
charges, of which the facility received written notification, by certified mail
or statutory overnight delivery to the law enforcement agency originally having
custody of the patient. An involuntary patient transferred to voluntary status,
which patient is under criminal charges, notice of which charges have been
given in writing to the facility, may only be discharged into the physical
custody of the law enforcement agency originally having custody of the patient.
Such agency shall assume such custody within five days after the mailing of
notification to the agency pursuant to this Code section.
§ 37-3-40.
Any state owned and state operated facility may be designated by the department
as an emergency receiving facility. The department shall maintain an emergency
receiving facility at each
§ 37-3-41.
(a) Any physician within this state may execute a certificate stating that he
has personally examined a person within the preceding 48 hours and found that,
based upon observations set forth in the certificate, the person appears to be
a mentally ill person requiring involuntary treatment. A physicianīs
certificate shall expire seven days after it is executed. Any peace officer,
within 72 hours after receiving such certificate, shall make diligent efforts
to take into custody the person named in the certificate and to deliver him forthwith
to the nearest available emergency receiving facility serving the county in
which the patient is found, where he shall be received for examination.
(b) The appropriate court of the county in which a person
may be found may issue an order commanding any peace officer to take such
person into custody and deliver him forthwith for examination, either to the
nearest available emergency receiving facility serving the county in which the
patient is found, where such person shall be received for examination, or to a
physician who has agreed to examine such patient and who will provide, where
appropriate, a certificate pursuant to subsection (a) of this Code section to
permit delivery of such patient to an emergency receiving facility pursuant to
subsection (a) of this Code section. Such order may only be issued if based
either upon an unexpired physicianīs
certificate, as provided in subsection (a) of this Code section, or upon the
affidavits of at least two persons who attest that, within the preceding 48 hours,
they have seen the person to be taken into custody and that, based upon
observations contained in their affidavit, they have reason to believe such
person is a mentally ill person requiring involuntary treatment. The court
order shall expire seven days after it is executed.
(c) Any peace officer taking into custody and delivering for
examination a person, as authorized by subsection (a) or (b) of this Code
section, shall execute a written report detailing the circumstances under which
such person was taken into custody. The report and either the physicianīs certificate or court order authorizing such
taking into custody shall be made a part of the patientīs
clinical record.
(d) Any psychologist, clinical social worker, or clinical nurse specialist in
psychiatric/mental health 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, a clinical social worker, or a clinical nurse specialist in
psychiatric/mental health 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, the term 'clinical social
worker' means any person authorized under the laws of this state to practice as
a licensed clinical social worker, and the term 'clinical nurse specialist in
psychiatric/mental health' means any person authorized under the laws of this
state to practice as a registered professional nurse and who is recognized by
the Georgia Board of Nursing to be engaged in advanced nursing practice as a
clinical nurse specialist in psychiatric/mental health.
§ 37-3-42.
(a) 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 37-3-41, or directly to an emergency
receiving facility if (1) the person is committing a penal offense, and (2) the
peace officer has probable cause for believing that the person is a mentally
ill person 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 patientīs clinical record.
(b) 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.
§ 37-3-43.
(a) A patient who is admitted to an emergency receiving
facility shall be examined by a physician as soon thereafter as possible but in
any event within 48 hours and may be given such emergency treatment as is
indicated by good medical practice. The patient must be discharged within 48
hours of his admission unless:
(1) An examining physician or psychologist concludes that there is reason to
believe that the patient may be a mentally ill person requiring involuntary
treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in
writing to the facility, in which case the provisions of Code Section 37-3-95
shall apply.
Nothing in this chapter shall be construed to prohibit a physician or
psychologist who previously executed a certificate authorized by the provisions
of this chapter from executing any other certificate provided for in this
chapter for the same or any other patient.
(b) Within 24 hours of the execution of the certificate under paragraph (1) of
subsection (a) of this Code section, the patient shall be transported, as
provided in Code Section 37-3-101, to an evaluating facility where he shall be
received pursuant to Code Section 37-3-63 unless the patient has been
determined and certified to meet all of the outpatient treatment requirements
of paragraphs (1) and (2) of subsection (c) of Code Section 37-3-90, in which
event the patient shall be discharged under the conditions provided in Code
Section 37-3-91, except that if the patient is under criminal charges, notice
of which has been given in writing to the facility, the provisions of Code
Section 37-3-95 shall apply.
(c) Notice of any proposed discharge shall be given to the patient and his
representatives; if the patient was admitted to the facility under subsection
(a) of Code Section 37-3-41, to the physician or psychologist who executed the
certificate; if the patient was admitted to the facility under subsection (b)
of Code Section 37-3-41, to the court which issued the order; and, if the
patient was under criminal charges, written notice of which had been given to
the facility, by certified mail or statutory overnight delivery to the law
enforcement agency originally having custody of the patient.
§ 37-3-44.
(a) Immediately upon arrival of a patient at an emergency
receiving facility under Code Section 37-3-43, the facility shall give the
patient written notice of his right to petition for a writ of habeas corpus or
for a protective order under Code Section 37-3-148. This written notice shall
also inform the patient that he has a right to legal counsel and that, if the
patient is unable to afford counsel, the court will appoint counsel.
(b) The notice informing the patientīs
representatives of the patientīs hospitalization in
an emergency receiving facility shall include a clear notification that the
representatives may petition for a writ of habeas corpus or for a protective
order under Code Section 37-3-148.
§ 37-3-60.
Any state owned or state operated facility may be designated by the department
as an evaluating facility. The department shall maintain an evaluating facility
at each
§ 37-3-61.
Proceedings for a court ordered evaluation may be initiated in the following
manner:
(1) Any person may file an
application executed under oath with the community mental health center for a
court ordered evaluation of a person located within that county who is alleged
by such application to be a mentally ill person requiring involuntary treatment.
Upon the filing of such application, the community mental health center shall
make a preliminary investigation and, if the investigation shows that there is
probable cause to believe that such allegation is true, it shall file a
petition with the court in the county where the patient is located seeking an
involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging
that a person within the county is a mentally ill person requiring involuntary
treatment. The petition must be accompanied by the certificate of a physician
or psychologist stating that he has examined the patient within the preceding
five days and has found that the patient may be a mentally ill person requiring
involuntary treatment and that a full evaluation of the patient is necessary.
§ 37-3-62.
(a) The court shall review the petition filed under Code Section 37-3-61 and,
if it finds reasonable cause to believe that the patient may be a mentally ill
person requiring involuntary treatment, the court shall hold a full and fair
hearing on the petition no sooner than ten days and no later than 15 days after
such petition is filed. Within five days after the filing of such petition, the
court shall serve notice of the hearing upon the patient and his
representatives and upon the petitioner. Representatives for the patient shall
be appointed pursuant to Code Section 37-3-147, provided that the court shall
designate the second representative or, in the absence of designation of one representative
by the patient, both representatives; and, in the absence of such
representatives or if the department is the guardian, the court shall appoint a
guardian ad litem who is not the department. The notice required by this Code
section shall include the time and place of the hearing; notice of the patientīs right to counsel, that the patient or his
representatives may apply for court appointed counsel if the patient cannot
afford counsel, and that the court will appoint counsel unless the patient indicates
in writing that he does not wish to be represented by counsel; and notice that
the patient may waive his rights to a hearing under this Code section. A copy
of the petition filed under Code Section 37-3-61 shall be attached to the
notice. The patient shall have a right to counsel. If the patient is unable to
afford counsel, the court shall appoint counsel for the patient unless the
patient indicates in writing that he does not desire to be represented by
counsel. The hearing may be waived by the patient after appointment or waiver
of counsel.
(b) After a full and fair hearing or, if the hearing is
waived, after a full review of the evidence, if the court is satisfied that
immediate evaluation is necessary, the court shall issue an order to any peace
officer to deliver the patient forthwith to the evaluating facility designated
by the department to admit persons ordered by that court to be evaluated.
§ 37-3-63.
Any person who is brought to an evaluating facility under Code Section 37-3-43
or under a court order as provided in Code Section 37-3-62 shall be received
for evaluation and such treatment as is indicated by good medical practice.
§ 37-3-64.
(a) A patient who has been admitted to an evaluating facility pursuant to Code
Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1
may be detained for a period not to exceed five days, Saturdays, Sundays, and
holidays excluded. The patient shall be discharged upon a finding that the
patient is not a mentally ill person requiring involuntary treatment or upon a
finding and certification that the patient meets all of the outpatient
treatment requirements of paragraphs (1) and (2) of subsection (c) of Code
Section 37-3-90, in which event a patient meeting those outpatient treatment requirements
shall be discharged under the conditions provided in Code Section 37-3-91 but,
in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-3-20;
or
(B) The patient is admitted for involuntary inpatient treatment under Code
Section 37-3-81; or
(2) The patient is under criminal charges, notice of which has been given in
writing to the facility, in which case the provisions of Code Section 37-3-95
shall apply.
(b) If hospitalization appears desirable, the staff physicians or psychologists
of the evaluating facility shall encourage the patient to apply for voluntary
hospitalization unless the attending physician or treating psychologist finds
that the patient is unable to understand the nature of voluntary
hospitalization, that voluntary hospitalization would be harmful to the
patient, or that the patient is determined to be a mentally ill person in need
of involuntary treatment, which finding shall be entered in the patientīs record.
(c) If, after evaluation of the patient, it is determined by the chief medical
officer that proceedings for involuntary treatment of the patient should be
initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this
article, the chief medical officer shall direct that an individualized service
plan be developed for that patient during the five-day period that he is
detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his
representatives; to the person who filed the petition; if the patient was
admitted to the evaluating facility from an emergency receiving facility under
Code Section 37-3-43, to the physician or psychologist who executed the certificate
or to the court which issued the order pursuant to Code Section 37-3-41; if the
patient was under criminal charges of which the facility received written
notification, by certified mail or statutory overnight delivery to the law
enforcement agency originally having custody of the patient; and, if the
patient was admitted to the evaluating facility under Code Section 37-3-62, to
the court that ordered the evaluation.
§ 37-3-65.
Any patient admitted to an evaluating facility may apply to
the chief medical officer of that facility for transfer at his own expense to
any other approved evaluating facility. If the evaluating facility to which
transfer is requested agrees to admit the patient, and if the patient is able
to pay for evaluation at such facility, he shall be transferred forthwith. In
such case, Code Section 37-3-64 shall apply; and the time periods specified
shall be counted from the date of admission to the evaluating facility to which
the patient is transferred. Notice of the transfer shall be given to the patientīs representatives; to the person who filed the
original petition, if any; if the patient was admitted to the evaluating
facility from an emergency receiving facility under Code Section 37-3-43, to
the physician or psychologist who executed the certificate or to the court
which issued the order pursuant to Code Section 37-3-41; if the patient was
under criminal charges of which the facility received written notification, by
certified mail or statutory overnight delivery to the law enforcement agency
originally having custody of the patient; and, if the patient was admitted to
the evaluating facility under Code Section 37-3-62, to the court that ordered
the evaluation.
§ 37-3-80.
Any state owned or state operated facility may be designated
by the department as a treatment facility. The department shall maintain a
treatment facility at each regional hospital which shall accept patients found
in any county in the service region of the hospital. Any other facility within
the State of
§ 37-3-81.
(a) 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 37-3-64 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 a mentally ill person
requiring involuntary treatment but who does not meet the outpatient treatment
requirements of paragraphs (1) and (2) of subsection (c) of Code Section
37-3-90. 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 37-3-63. Such filing shall authorize 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 service plan developed by the facility under
this chapter shall be sent to the patient and shall be sent to the patientīs representative if requested by such representative.
Notice of the right to receive such plan shall be given to the representatives
at the time the service 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 service plan for the patient which conforms
with the requirements of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing the hearing described in
subsection (c) of this Code section.
(b) If the hearing is waived, the certificate shall serve as authorization for
the patient to begin treatment under the terms of the individualized service
plan; and the chief medical officer of the facility where the patient is
located shall be responsible for the supervision of the service plan.
(c) 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 37-3-81.1
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.
§ 37-3-81.1.
(a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines:
(1) That the patient is not a mentally ill person requiring involuntary treatment, the court shall order that the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient´s becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient´s becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;
(3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and:
(A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or
(B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-3-62; or
(4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treatment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient´s individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient´s becoming an inpatient.
(b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is a mentally ill person requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order.
(c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-3-83.
(d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Secti