2021 Georgia Code
Title 37 - Mental Health
Chapter 3 - Examination, Treatment, etc., for Mental Illness
Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally
Part 2 - Rights and Privileges as to Manner of Care and Treatment and as to Maintenance and Release of Clinical Records
§ 37-3-165. Mistreatment, Neglect, or Abuse of Patients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraint

1. Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons.
2. Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or herself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations.
3. For the purposes of this Code section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized service plan.

(Ga. L. 1958, p. 697, § 16; Ga. L. 1960, p. 837, § 15; Code 1933, § 88-515, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.4, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.5, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1982, p. 937, §§ 4, 9; Ga. L. 1997, p. 911, § 4.)

- Abuse or mistreatment of hospital patients, residents of long-term care facilities, and other institutions, §§ 31-7-9,31-8-50 et seq.,31-8-80 et seq.,31-8-100 et seq.

Rights of mentally ill persons regarding consent to surgical or medical treatment generally, § 31-9-4.

JUDICIAL DECISIONS

Duty to safeguard and protect patient.

- Private hospital in which a patient is placed for treatment owes duty of safeguarding and protecting patient from any known or reasonably apprehended danger from oneself which may be due to the patient's mental incapacity, and to use ordinary and reasonable care to prevent such danger. Brawner v. Bussell, 50 Ga. App. 840, 179 S.E. 228 (1935).

- When patient, while in care of the hospital, and with knowledge of the authorities in charge, is temporarily insane and in a mental condition where the patient may possibly do injury and harm to the patient or others, and the authorities negligently fail to so care for and keep the patient, and by reason thereof the patient has access to a knife or other sharp instrument, which the patient uses to commit suicide, the authorities of the hospital are guilty of negligence as respects the authorities' duty to keep and care for the patient which is the proximate cause of the homicide, and are liable in damages therefor to the person legally entitled to recover. Brawner v. Bussell, 50 Ga. App. 840, 179 S.E. 228 (1935).

RESEARCH REFERENCES

ALR.

- Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854.

Construction and application of state patient bill of rights statutes, 87 A.L.R.5th 277.