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
§ 37-3-167. Right of Patient to Examine His Records and to Request Correction of Inaccuracies; Promulgation of Rules and Regulations; Judicial Supervision of Files and Records Relating to Proceedings Under This Chapter

1. Except as provided in subsection (b) of Code Section 37-3-162, every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated.
2. Every patient shall have the right to request that any inaccurate information found in his medical record be corrected.
3. The board shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Code section. Nothing contained in this Code section shall be construed to require the deletion of information by the department nor constrain the department from destroying patient records after a reasonable passage of time.
4. 1. Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provisions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a proceeding under this chapter since September 1, 1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
   2. If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evaluation, treatment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such official or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
   3. Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dissemination of the information to certain persons or for certain purposes or both.
   4. The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution the court may deem proper. The court may punish by contempt any violations of any such conditions.

(Code 1933, § 88-502.13, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1995, p. 612, § 2.)

- Release of medical information generally, § 24-12-1 et seq.

- For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 258 (1995).

JUDICIAL DECISIONS

Procedure for obtaining records.

- Former jail detainee was not entitled to mandamus to require a sheriff to provide the detainee with copies of records of the detainee's medical treatment while the detainee was incarcerated; even though the detainee had a right to the records under O.C.G.A. § 37-3-167, because the detainee had not availed oneself of regulatory procedures to secure the records, the detainee did not meet the detainee's burden of showing that the detainee lacked an adequate legal remedy. Thompson v. Paulk, 265 Ga. 479, 457 S.E.2d 665 (1995).