Title 37, Chapter 7, Section 163
(a) It shall be the policy of this state to recognize the personal
physical integrity of all patients.
(b) It shall be the policy of this state to protect, within reason,
the right of every individual to refuse medication except in cases
where a physician determines that refusal would be unsafe to the
patient or others. If the patient continues to refuse medication
after such initial emergency treatment, a concurring opinion from a
second physician must be obtained before medication can be continued
without the patient's consent. Further, in connection with any
hearing under this chapter, the patient has the right to appear and
testify as free from any side effects or adverse effects of the
medication as is reasonably possible.
(c) Any patient objecting to the treatment being administered to him shall have a right to request a protective order pursuant to Code Section 37-7-148.
(d) Except as provided in subsections (b) and (e) of this Code
section, consent to medical treatment and surgery shall be obtained
and regulated by Chapter 9 of Title 31.
(e) In cases of grave emergency where the medical staff of the
facility in which an alcoholic, a drug dependent individual, or a
drug abuser has been accepted for treatment determines that
immediate surgical or other intervention is necessary to prevent
serious physical consequences or death and where delay in obtaining
consent would create a grave danger to the physical health of such
person, as determined by at least two physicians, then essential
surgery or other intervention may be administered without the
consent of the person, the spouse, next of kin, attorney, guardian,
or any other person. In such cases, a record of the determination of
the physicians shall be entered into the medical records of the
patient and this will be proper consent for such surgery or other
intervention. Such consent will be valid notwithstanding the type of
admission of the patient and it shall also be valid whether or not
the patient has been adjudged incompetent. This Code section is
intended to apply to those individuals who, as a result of their
advanced age, impaired thinking, or other disability, cannot
reasonably understand the consequences of withholding consent to
surgery or other intervention as contemplated by this Code section.
Any physician, agent, employee, or official who obtains consent or
relies on such consent, as authorized by this Code section, and who
acts in good faith and within the provisions of this chapter shall
be immune from civil or criminal liability for his actions in
connection with the obtaining of or the relying upon such consent.
Actual notice of any action taken pursuant to this Code section
shall be given to the patient and the spouse, next of kin, attorney,
guardian, or representative of the patient as soon as practicably