§ 37-11-13 — Immunity from liability or disciplinary action for health care providers

Georgia § 37-11-13

• Jurisdiction: Georgia
• Title: 37

Text

(a) Each provider, facility, or any other person who acts in good faith reliance on any instructions contained in a directive or on any direction or decision by a mental health care agent shall be protected and released to the same extent as though such person had interacted directly with a capable declarant. (b) Without limiting the generality of the provisions of subsection (a) of this Code section, the following specific provisions shall also govern, protect, and validate the acts of a mental health care agent and each such provider, facility, and any other person acting in good faith reliance on such instruction, direction, or decision: (1) No provider, facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with any instructions contained in a directive or with any direction or decision by a mental health care agent, even if death or injury to the declarant ensues; (2) No provider, facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any instructions contained in a directive or with any direction or decision by a mental health care agent, so long as such provider, facility, or person promptly informs such agent of such provider's, facility's, or person's refusal or failure to comply with the directive or with any direction or decision by the mental health care agent. The mental health care agent shall then be responsible for arranging the declarant's transfer to another provider. A provider who is unwilling to comply with the mental health care agent's decision or the directive shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (3) If the actions of a provider, facility, or person who fails to comply with any instruction contained in a directive or with any direction or decision by a mental health care agent are substantially in accord with reasonable medical standards at the time of consent or refusal of mental health care and such provider, facility, or person cooperates in the transfer of the declarant pursuant to subsection (d) of Code Section 37-11-12 , such provider, facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with the psychiatric advance directive; (4) No mental health care agent who, in good faith, acts with due care for the benefit of the declarant and in accordance with the terms of a directive, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; (5) If the authority granted by a psychiatric advance directive is revoked under Code Section 37-11-10 , a provider, facility, or agent shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such psychiatric advance directive unless such provider, facility, or agent had actual knowledge of the revocation; and (6) In the event a declarant has appointed a health care agent in accordance with Chapter 32 of Title 31, no provider, facility, or person who relies in good faith on the direction of such health care agent shall be subject to civil or criminal liability or discipline for unprofessional conduct for complying with any direction or decision of such health care agent in the event the declarant's condition is subsequently determined to be a mental health care condition.

Legislative History

Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.