Title 37, Chapter 4, Section 123
( 37-4-123)
(a) It shall be the policy of this state to recognize the personal
physical integrity of all clients. (b) It shall be the policy of this state to protect reasonably the
right of every individual to refuse medication, except in cases
where a physician determines that refusal would be unsafe to the
client or others. If the client continues to refuse medication after
such initial emergency treatment, a concurring opinion from a second
physician must be obtained before medication can be continued
without the client's consent. Further, in connection with any
hearing under this chapter, the client has the right to appear and
testify as free from any side effects or adverse effects of the
medication as is reasonably possible. (c) Any client objecting to the treatment being administered to him shall have a right to request a protective order pursuant to Code Section 37-4-108. (d) Except as provided in subsections (b) and (e) of this Code
section, consent to medical treatment and surgery shall be obtained
and regulated by Chapter 9 of Title 31. (e) In cases of grave emergency where the medical staff of the
facility in which a mentally retarded person has been accepted for
habilitation determines that immediate surgical or other
intervention is necessary to prevent serious physical consequences
or death and where delay in obtaining consent would create a grave
danger to the physical health of such person, as determined by at
least two physicians, then essential surgery or other intervention
may be administered without the consent of the person, the spouse,
next of kin, attorney, guardian, or any other person. In such cases,
a record of the determination of the physicians shall be entered
into the medical records of the client and this will be proper
consent for such surgery or other intervention. Such consent will be
valid, notwithstanding the type of admission of the client, and it
shall also be valid whether or not the client has been adjudged
incompetent. This Code section is intended to have application to
those individuals who, as a result of their advanced age, impaired
thinking, or other disability, cannot reasonably understand the
consequences of withholding consent to surgery or other intervention
as contemplated by this Code section. Any physician, agent,
employee, or official who obtains consent or relies on such consent
as authorized by this Code section and who acts in good faith and
within the provisions of this chapter shall be immune from civil or
criminal liability for his actions in connection with said obtaining
or relying upon such consent. Actual notice of any action taken
pursuant to this Code section shall be given to the client and the
spouse, next of kin, attorney, guardian, or representative of the
client as soon as practically possible. |