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
§ 37-3-42. Emergency Admission of Persons Arrested for Penal Offenses; Report by Officer; Entry of Report Into Clinical Record

1. 1. 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 (i) the person is committing a penal offense, and (ii) 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 patient’s clinical record.
   2. A peace officer may take any person to an emergency receiving facility if: (i) the peace officer has probable cause to believe that the person is a mentally ill person requiring involuntary treatment; and (ii) the peace officer has consulted either in-person or via telephone or telehealth with a physician, as provided in Code Section 37-3-41, and the physician authorizes the peace officer to transport the individual for an evaluation. To authorize transport for evaluation, the physician shall determine, based on facts available regarding the person’s condition, including the report of the peace officer and the physician’s communications with the person or witnesses, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment. The peace officer shall execute a written report detailing the circumstances under which the person is detained; and this report shall be made a part of the patient’s clinical record.
2. 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.

History. Code 1933, § 88-504.3, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1981, p. 996, § 4; Ga. L. 1987, p. 3, § 37; Ga. L. 2022, p. 26, § 3-3/HB 1013.

The 2022 amendment, effective July 1, 2022, redesignated subsection (a) as paragraph (a)(1); in paragraph (a)(1), substituted “(i)” and “(ii)” for “(1)” and “(2)”, respectively; and added paragraph (a)(2).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2022, “is” was inserted in the last sentence of paragraph (a)(2).

Cross references.

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

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