2022 Georgia Code
Title 37 - Mental Health
Chapter 3 - Examination, Treatment, etc., for Mental Illness
Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients
Part 1 - Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician’s Certificate, Court Order, Etc
§ 37-3-41. Emergency Admission Based on Physician’s Certification or Court Order; Report by Apprehending Officer; Entry of Treatment Order Into Patient’s Clinical Record; Authority of Other Personnel to Act Under Statute; Annual Reporting

1. Any physician within this state may execute a certificate stating that he or she has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, such person appears to be a mentally ill person requiring involuntary treatment. A physician’s 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 or her forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, where he or she shall be received for examination.
2. 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 or her 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 physician’s 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.
3. 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 physician’s certificate or court order authorizing such taking into custody shall be made a part of the patient’s clinical record.
4. Any psychologist, clinical social worker, licensed professional counselor, marriage and family therapist, 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, a licensed professional counselor, a marriage and family therapist, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this Code section, 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; the term “licensed professional counselor” means any person authorized under the laws of this state to practice as a licensed professional counselor; the term “marriage and family therapist” means any person authorized under the laws of this state to practice as a licensed marriage and family therapist; 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.
5. No later than February 15, 2023, and annually thereafter, the department shall prepare a report with de-identified, aggregated data from the written reports required by subsection (b) of Code Section 37-3-40 to the General Assembly, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives during each regular legislative session. The annual report shall include the following data from the previous calendar year:
   1. The total number of certificates received at the emergency receiving facility by county from which the certificate was issued;
   2. The total number of certificates received at the emergency receiving facility by each type of licensed professional authorized by this Code section;
   3. The total number of individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of this Code section; and
   4. The total number of individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of this Code section.

History. Code 1933, § 88-504.2, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1971, p. 796, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1981, p. 996, § 4; Ga. L. 1987, p. 3, § 37; Ga. L. 1992, p. 2531, § 1.1; Ga. L. 1994, p. 1249, § 1; Ga. L. 2014, p. 347, § 1/SB 65; Ga. L. 2015, p. 4, § 1/SB 53; Ga. L. 2017, p. 617, § 1/SB 52; Ga. L. 2021, p. 686, § 2/HB 591.

The 2021 amendment, effective July 1, 2021, in subsection (d), inserted “marriage and family therapist,” in the first sentence, inserted “a marriage and family therapist,” in the middle of the second sentence, inserted “the term ‘marriage and family therapist’ means any person authorized under the laws of this state to practice as a licensed marriage and family therapist;” in the middle of the third sentence; and added subsection (e).

Editor’s notes.

Ga. L. 2014, p. 347, § 2A/SB 65, as amended by Ga. L. 2015, p. 4, § 1/SB 53, which provides for the repeal of the amendment made by § 1 of that Act was repealed by Ga. L. 2017, p. 617, § 1/SB 52, effective May 9, 2017.

Cross references.

Arrest of persons, T. 17, C. 4.

Licensing of applied psychologists, T. 43, C. 39.

Law reviews.

For note comparing procedures for hospitalization of the mentally ill in Georgia to other jurisdictions and suggesting improvements, see 7 Mercer L. Rev. 361 (1956).

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).

For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007).