Title 37, Chapter 4, Section 40.1
( 37-4-40.1)
(a) Any physician or psychologist licensed in this state may execute
a certificate stating that such physician or psychologist 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 retarded person requiring temporary
and immediate care. The certificate shall expire seven days after it
is executed. (b) Upon receiving a certificate under subsection (a) of this Code section, any responsible family member or representative of the client named in the certificate may transport that client to the nearest facility, as defined in Code Section 37-4-2, serving the county in which the client is found. If such responsible family member or representative is unable to transport the client safely to a facility or is unwilling to transport the client to a facility, any peace officer within 72 hours after receiving that certificate shall make diligent efforts to take into custody the client named in the certificate and deliver the client to the nearest facility serving the county in which the client is found. Any peace officer who delivers a person to a facility under this Code section shall complete a written report detailing the circumstances under which the client was taken into custody. The report of a peace officer and the certificate issued under subsection (a) of this Code section shall be made a part of the client's clinical record. |