§334-72  Transfer of veterans.  (a) Upon receipt of a certificate of the Veterans Administration or other agency ofthe United States that facilities are available for the care and treatment of aperson previously admitted to a psychiatric facility and that the person iseligible for such care and treatment, the administrator of the psychiatricfacility or the administrator’s deputy may transfer the person to the VeteransAdministration or other agency of the United States for care and treatment,except a person admitted or committed on court order as provided in chapters571, 704 and 706 or transferred under section 334-74.  The administrator of thesending facility or the administrator’s deputy shall send prior notice of suchtransfer as provided in section 334-71.  A person transferred under thissection shall be deemed to be admitted for hospitalization to any facility ofthe Veterans Administration or other agency of the United States pursuant tothe provisions of part IV.  The person, when admitted to a facility operated byor contracting with the Veterans Administration or other agency of the UnitedStates, within or without this State, shall be subject to the rules andregulations of the Veterans Administration or other agency of the UnitedStates.  The chief officer of the Veterans Administration or of the institutionoperated by any other agency of the United States to which the person is soadmitted shall with respect to such person be vested with the same powers asadministrators of licensed psychiatric facilities within this State with regardto detention, transfer, authorized absence or discharge.  Jurisdiction isretained in this State and specifically in the family court of the circuit inwhich the sending facility was located to inquire at any time into the mentaland physical condition of the person so admitted and to determine the necessityfor the person’s continued hospitalization, and all transfers under thissection are so conditioned.

(b)  The judgment or order of hospitalizationby a court of competent jurisdiction of another state, the District ofColumbia, Guam, or Puerto Rico, hospitalizing a person with the VeteransAdministration or other agency of the United States for care and treatmentshall have the same force and effect with respect to the hospitalized personwhile in this State with the Veterans Administration or other agency of theUnited States as in the state or district in which the judgment or order wasmade, and the court making the judgment or order shall be deemed to haveretained jurisdiction of the person so hospitalized for the purpose ofinquiring into the mental and physical condition of the person and ofdetermining the necessity for the person’s continued hospitalization.  Consentis hereby given to the application of the law of the state or district withrespect to the authority of the chief officer of the Veterans Administration orof the institution operated by any other agency of the United States in whichthe person is hospitalized to detain, transfer, place on authorized absence, ordischarge the hospitalized person.

(c)  Nothing in this section shall be construedas conferring upon the department of health or any other agency or officer ofthis State any power of licensing, supervision, inspection, or control overhospitals or other institutions operated by the Veterans Administration orother agency of the United States, or over any officers or employees thereof.[L 1967, c 259, pt of §1; HRS §334-72; am L 1976, c 130, §6; gen ch 1985]