Title 37, Chapter 3, Section 41
( 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 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 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 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. (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 physician's certificate or court order
authorizing such taking into custody shall be made a part of the
patient's 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. |