2010 Georgia Code 37-3-42 Case Law
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One Click Case Law for § 37-3-42
O.C.G.A. § 37-3-41 <-- --> O.C.G.A. §37-3-43



2010 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

O.C.G.A. 37-3-42 (2010)
37-3-42. Emergency admission of persons arrested for penal offenses; report by officer; entry of report into clinical record


(a) 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 (1) the person is committing a penal offense, and (2) 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.

(b) 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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com