§334-72 - Transfer of veterans.
§334-72 Transfer of veterans. (a)Â
Upon receipt of a certificate of the Veterans Administration or other agency of
the United States that facilities are available for the care and treatment of a
person previously admitted to a psychiatric facility and that the person is
eligible for such care and treatment, the administrator of the psychiatric
facility or the administrator’s deputy may transfer the person to the Veterans
Administration or other agency of the United States for care and treatment,
except a person admitted or committed on court order as provided in chapters
571, 704 and 706 or transferred under section 334-74. The administrator of the
sending facility or the administrator’s deputy shall send prior notice of such
transfer as provided in section 334-71. A person transferred under this
section shall be deemed to be admitted for hospitalization to any facility of
the Veterans Administration or other agency of the United States pursuant to
the provisions of part IV. The person, when admitted to a facility operated by
or contracting with the Veterans Administration or other agency of the United
States, within or without this State, shall be subject to the rules and
regulations of the Veterans Administration or other agency of the United
States. The chief officer of the Veterans Administration or of the institution
operated by any other agency of the United States to which the person is so
admitted shall with respect to such person be vested with the same powers as
administrators of licensed psychiatric facilities within this State with regard
to detention, transfer, authorized absence or discharge. Jurisdiction is
retained in this State and specifically in the family court of the circuit in
which the sending facility was located to inquire at any time into the mental
and physical condition of the person so admitted and to determine the necessity
for the person’s continued hospitalization, and all transfers under this
section are so conditioned.
(b)Â The judgment or order of hospitalization
by a court of competent jurisdiction of another state, the District of
Columbia, Guam, or Puerto Rico, hospitalizing a person with the Veterans
Administration or other agency of the United States for care and treatment
shall have the same force and effect with respect to the hospitalized person
while in this State with the Veterans Administration or other agency of the
United States as in the state or district in which the judgment or order was
made, and the court making the judgment or order shall be deemed to have
retained jurisdiction of the person so hospitalized for the purpose of
inquiring into the mental and physical condition of the person and of
determining the necessity for the person’s continued hospitalization. Consent
is hereby given to the application of the law of the state or district with
respect to the authority of the chief officer of the Veterans Administration or
of the institution operated by any other agency of the United States in which
the person is hospitalized to detain, transfer, place on authorized absence, or
discharge the hospitalized person.
(c)Â Nothing in this section shall be construed
as conferring upon the department of health or any other agency or officer of
this State any power of licensing, supervision, inspection, or control over
hospitals or other institutions operated by the Veterans Administration or
other 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]