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Georgia Code Title 31. Health § 31-7-151

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No person, private or public organization, political subdivision, or other governmental agency may operate a home health agency as defined in Code Section 31-7-150 without first obtaining a license from the department. A license issued under this article is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this article.

The involuntary treatment hearing, unless waived by the respondent or the respondent has been released as a person not requiring treatment, must be held within fourteen days of the preliminary hearing.  If the preliminary hearing is not required, the involuntary treatment hearing must be held within four days, exclusive of weekends and holidays, of the date the court received the expert examiner's report, not to exceed fourteen days from the time the petition was served.  The court may extend the time for hearing for good cause.  The respondent has the right to an examination by an independent expert examiner if so requested.  If the respondent is indigent, the county of residence of the respondent shall pay for the cost of the examination and the respondent may choose an independent expert examiner.

The hearing must be held in the county of the respondent's residence or location or the county where the state hospital or treatment facility treating the respondent is located.  At the hearing, evidence in support of the petition must be presented by the state's attorney, private counsel, or counsel designated by the court.  During the hearing, the petitioner and the respondent must be afforded an opportunity to testify and to present and cross-examine witnesses.  The court may receive the testimony of any other interested person.  All individuals not necessary for the conduct of the proceeding must be excluded, except that the court may admit individuals having a legitimate interest in the proceeding.  The hearing must be conducted in as informal a manner as practical, but the issue must be tried as a civil matter.  Discovery and the power of subpoena permitted under the North Dakota Rules of Civil Procedure are available to the respondent.  The court shall receive all relevant and material evidence that may be offered as governed by the North Dakota Rules of Evidence.  There is a presumption in favor of the respondent, and the burden of proof in support of the petition is upon the petitioner.

If, upon completion of the hearing, the court finds that the petition has not been sustained by clear and convincing evidence, the court shall deny the petition, terminate the proceeding, and order that the respondent be discharged if the respondent has been hospitalized before the hearing.

Cite this article: FindLaw.com - Georgia Code Title 31. Health § 31-7-151 - last updated April 14, 2021 | https://codes.findlaw.com/ga/title-31-health/ga-code-sect-31-7-151/


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