This text of Georgia § 37-11-12 (Compliance by providers and facilities with directive; obligations; transfers; payment assurances) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)(1) When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is:
(B)Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or (C) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit the declarant or has proven ineffective in treating such declarant's mental health condition.
(2)In the event that a part of a directive is unable to be followed due to any of the circumstances set forth in paragraph (1) of this subsection, all other parts of such directive shall be followed.
(b)If a provider or facility is unwilling at any time for one or more of the reasons set
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(a) (1) When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is: (A) Unavailable; (B) Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or (C) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit the declarant or has proven ineffective in treating such declarant's mental health condition. (2) In the event that a part of a directive is unable to be followed due to any of the circumstances set forth in paragraph (1) of this subsection, all other parts of such directive shall be followed. (b) If a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, such provider or facility shall: (1) Document the reason for not following the directive in such declarant's medical record; and (2) Promptly notify such declarant and his or her agent, if one is appointed in the directive, or otherwise such declarant's legal guardian, of the refusal to follow the directive or instructions of the agent and document the notification in such declarant's medical record. (c) In the event a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, if an agent has been appointed, then the declarant's agent, or otherwise such declarant's legal guardian, shall arrange for such declarant's transfer to another provider or facility if the requested care would be delivered by that other provider or facility. (d) A provider or facility unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of a declarant's mental health care agent shall continue to provide reasonably necessary consultation and care in connection with the pending transfer. (e) A psychiatric advance directive shall not limit the involuntary examination, treatment, or hospitalization of patients pursuant to Chapter 3 or Chapter 7 of this title or evaluations or treatment services rendered pursuant to a court order under Code Section 17-7-130 , 17-7-130.1 , or 17-7-131 . (f) Nothing in this chapter shall be construed to require a provider or facility to provide mental health care for which a declarant or a third-party payor is unable or refuses to ensure payment.