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Elliott, LPCC, NCC
Elliott, LPCC, NCC, Psychotherapist
Category: Mental Health
Satisfied Customers: 7663
Experience:  35 years of experience as a Licensed Professional Clinical Counselor, National Certified Counselor and a college professor.
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What is the maximum amount of time that a patient admitted

Resolved Question:

What is the maximum amount of time that a patient admitted under the 1013 code be held before they have to be discharged? I know that in NY the state only allows a facility to hold a patient for 30 days, is there a similar provision in GA?
Submitted: 1 year ago.
Category: Mental Health
Expert:  Elliott, LPCC, NCC replied 1 year ago.

Elliott, LPCC, NCC :

Seeking expert counseling is a sign of strength. A personal relationship with a caring professional is proven clinically effective.

Elliott, LPCC, NCC :

Dear friend,

Elliott, LPCC, NCC :

In Georgia it is under Title 37, Chapter 6, Article 3, Part I.

Elliott, LPCC, NCC :

The maximum is 90 days.

Elliott, LPCC, NCC :

Here is a link to that information

Elliott, LPCC, NCC :

http://www.justanswer.com/relationship/7ltir-i-m-48-relationship-36-year-old-single.html?utm_source=sys&utm_medium=email&utm_content=crev1_viewqbutton&utm_campaign=ExpertAllQNotify&r=ems|2013-03-03|616

Elliott, LPCC, NCC :

Sorry that was not the link

Elliott, LPCC, NCC :

Let me get you the correct link.

Elliott, LPCC, NCC :

http://law.justia.com/codes/georgia/2010/title-37/chapter-3/article-6/part-1/37-3-147/

Customer:

That is not good, she is obviously no longer psychotic, is there no legal recourse to get someone out?

Elliott, LPCC, NCC :

The order often has a specific date on it, but 90 days is the maximum.

Elliott, LPCC, NCC :

According to the law there has to be notification given

Customer:

does that include weekends?

Elliott, LPCC, NCC :

to the patient or his or her representative.

Elliott, LPCC, NCC :

It includes all days.

Elliott, LPCC, NCC :

The law states:

Elliott, LPCC, NCC :

(f) At the time a court enters an order pursuant to this chapter, such order and notice of the date of entry of the order shall be served on the patient and his representatives as provided in subsection (d) of this Code section.

Customer:

notification of a reason to stay or notification for discharge?

Elliott, LPCC, NCC :

Yes that is what I quoted above.

Customer:

when does the notification have to be served by?

Elliott, LPCC, NCC :

(g) Notice of an involuntary patient's admission to a facility shall be given to his representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible.

(h) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment.

Customer:

She's been in 10 days now with very little communcation for the treating psych

Elliott, LPCC, NCC :

As soon as possible, the law states.

Elliott, LPCC, NCC :

Who is her representative or guardian?

Customer:

Actually no communication fro the psychatirist

Customer:

Her spouse

Elliott, LPCC, NCC :

Psychiatrist cannot give information even to spouse because of HIPAA laws unless she permits it and she might not have had that opportunity.

Customer:

Spouse was with her at the ER, does that serve as "notification?"

Elliott, LPCC, NCC :

That is a fine point of law that could be argues back and forth.

Customer:

She has actually signed HIPPA for for both spouse and myself (I'm her mother)

Elliott, LPCC, NCC :

How are you related to this woman?

Elliott, LPCC, NCC :

Parent?

Elliott, LPCC, NCC :

Ok. Crossed transmissions. I thought you were.

Customer:

I am a physician, though, not a psychiatrist, she is obviously no longer psychotic

Elliott, LPCC, NCC :

He should communicate but you might have to force legal action here. This is a bad situation and you sometimes have to be forceful to deal with uncaring bureaucrats and doctors.

Customer:

I'm afraid they are going to try to hold her hostage if I try to get too forceful

Elliott, LPCC, NCC :

I am sure that your judgment is correct. This is, however, not a matter of right and wrong, or of intelligence, but of who wields the power and who gets up and does something to help.

Elliott, LPCC, NCC :

They will not want a legal hassle and only if you get forceful will they act.

Customer:

I have dropped the "dr card" the social worker, but can't get anything specific from her

Elliott, LPCC, NCC :

Let an attorney represent you and her spouse.

Customer:

thank you

Elliott, LPCC, NCC :

They will cave when you drop the lawyer card.

Elliott, LPCC, NCC :

I am so sorry for this injustice. I hear about cases like this too often and it makes my usual calm state of mind get angry. I do not suffer injustice to others very well.]

Elliott, LPCC, NCC :

I shall keep you in my prayersl

Elliott, LPCC, NCC :

Warm regards,

Elliott, LPCC, NCC :

Elliott, MAE, LPCC, NCC, CCMHC

Elliott, LPCC, NCC, Psychotherapist
Category: Mental Health
Satisfied Customers: 7663
Experience: 35 years of experience as a Licensed Professional Clinical Counselor, National Certified Counselor and a college professor.
Elliott, LPCC, NCC and 2 other Mental Health Specialists are ready to help you
Expert:  Elliott, LPCC, NCC replied 1 year ago.
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Elliott, LPCC, NCC
Elliott, LPCC, NCC
Mental Health Professional
7663 Satisfied Customers
35 years of experience as a Licensed Professional Clinical Counselor, National Certified Counselor and a college professor.