People have the right not to accept treatment, including the taking
of medications, for mental illness.
If a person is being involuntarily committed either as an inpatient
or outpatient to any facility, that person is entitled to receive
free legal assistance, to have a hearing on whether or not they
can continue to be held involuntarily and to review and correct
errors in their clinical records. See the Official Code of Georgia,
37-3-40 through 37-3-95 and 37-3-140 through 37-3-168.
The Georgia General Assembly has also adopted laws signed by the
Governor, which establish the rights of Georgians to seek and receive
treatment for mental illness.
Here are excerpts from the Official
Code of Georgia:
“The State of Georgia recognizes its responsibility for
its citizens who are mentally ill or mentally retarded or who
suffer from certain developmental disabilities including epilepsy,
cerebral palsy, autism, and other neurological disabling conditions
or who abuse alcohol, narcotics, or other drugs and recognizes
an obligation to such citizens to meet their needs through a
coordinated system of community facilities, programs, and services.
“It is the policy of this state to provide adequate mental health, mental
retardation, substance abuse, and other disability services to all
its citizens. It is further the policy of this state to provide such services
through a unified system, which encourages cooperation and sharing of resources
among all providers of such services, both governmental and private."
“It is the purpose of this chapter to enable and encourage
the development of comprehensive, preventive, early detection,
rehabilitative, and treatment disability services; to improve
and expand community service boards for the disabled; to provide
continuity of care through integration of county, area, regional,
and state services and facilities for the disabled; to provide for joint
disability services and the sharing of manpower and other resources;
and to monitor and restructure the system of providing disability
services in the State of Georgia to make better use of the combined
public and private resources of the state and local communities.
“It is the goal of the State of Georgia that every citizen be provided
an adequate level of disability care through a unified system of disability
services. To this end, the department through the division shall, to the maximum
extent possible, allocate funds available for services so as to provide an adequate
disability services program available to all citizens of this state. In
funding and providing disability services, the division and the regional boards
shall ensure that all providers, public or private, meet minimum standards of
quality and competency as established by the department and the division."
“No person shall be denied disability services provided
by the state as defined in this chapter based on age, gender,
race, ethnic origin, or inability to pay (O.C.G.A 37-2-11)."
”It is the policy of the state that the least restrictive
alternative placement is secured for every patient at every
stage of his medical treatment and care. It shall be the duty
of the facility to assist the patient in securing placement in
non-institutional community facilities and programs."
“Each patient in a facility and each person receiving
services for mental illness shall receive care and treatment
that is suited to his needs and is the least restrictive appropriate
care and treatment. Such care and treatment shall be administered
skillfully, safely, and humanely with full respect for the patient's
dignity and personal integrity."
" ‘Disability’ means:
(A) Mental or emotional illness;
(B) Mental retardation;
(C) Other neurological disabling conditions which require treatment
similar to that for the mentally retarded including epilepsy, cerebral
palsy, and autism; or
(D) The abuse of, addiction to, or dependence upon alcohol, narcotics,
or other drugs."
" 'Disability services' means services to the disabled
or services which are designed to prevent or ameliorate the effect
of a disability.”
Requirements For Involuntary Treatment For Mental Illness In Georgia
For involuntary inpatient treatment
GA. CODE ANN. § 37-3-1(9.1). "Inpatient" means
a person who is mentally ill and:
(A)
(i) Who presents a substantial risk of imminent harm to that person
or others, as manifested by either recent overt acts or recent
expressed threats of violence which present a probability of physical
injury to that person or other persons; or
(ii) (ii) Who is so unable to care for that person's own physical
health and safety as to create an imminently life-endangering crisis;
and
(B) Who is in need of involuntary inpatient treatment.
For involuntary outpatient treatment
GA. CODE ANN. § 37-3-1(12.1). "Outpatient" means
a person who is mentally ill and:
(A) Who is not an inpatient but who, based on the person's
treatment history or current mental status, will require outpatient
treatment in order to avoid predictably and imminently becoming
an inpatient;
(B) Who because of the person's current mental status, mental
history, or nature of the person's mental illness is unable
voluntarily to seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment.