State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-206

§122C‑206.  Transfers of clients between 24‑hour facilities.

(a)        Before transferringa voluntary adult client from one 24‑hour facility to another, theresponsible professional at the original facility shall: (i) get authorizationfrom the receiving facility that the facility will admit the client; (ii) getconsent from the client; and (iii) if consent to share information is grantedby the client, notify the next of kin of the time and location of the transfer.The preceding requirements of this paragraph may be waived if the client hasbeen admitted under emergency procedures to a State facility not serving theclient's region of the State. Following an emergency admission, the client maybe transferred to the appropriate State facility without consent according tothe rules of the Commission.

(b)        Before transferringa respondent held for a district court hearing or a committed respondent fromone 24‑hour facility to another, the responsible professional at theoriginal facility shall:

(1)        Obtain authorizationfrom the receiving facility that the facility will admit the respondent; and

(2)        Provide reasonablenotice to the respondent, or legally responsible person, of the reason for thetransfer and document the notice in the client's record.

No later that 24 hours afterthe transfer, the responsible professional at the original facility shallnotify the petitioner, the clerk of court, and, if consent is granted by therespondent, the next of kin, that the transfer is completed. If the transfer iscompleted before the judicial commitment hearing, these proceedings shall beinitiated by the receiving facility.

(c)        Minors andincompetent adults, admitted pursuant to Parts 3 and 4 of this Article, may betransferred from one 24‑hour facility to another following the sameprocedures specified in subsection (b) of this section. In addition, thelegally responsible person shall be consulted before the proposed transfer. Ifthe transfer is completed before the judicial determination required in G.S.122C‑223 or G.S. 122C‑232, these proceedings shall be initiated bythe receiving facility.

(c1)      If a clientdescribed in subsections (b) or (c) of this section is to be transferred fromone 24‑hour facility to another and transportation is needed, theresponsible professional at the original facility shall notify the clerk ofcourt or magistrate, and the clerk of court or magistrate shall issue a custodyorder for transportation of the client as provided by G.S. 122C‑251.

(d)        Minors andincompetent adults, admitted pursuant to Part 5 of this Article, may betransferred from one 24‑hour facility to another provided that prior totransfer the responsible professional at the original facility shall:

(1)        Obtain authorizationfrom the receiving facility that the facility will admit the client; and

(2)        Provide reasonablenotice to the client regarding the reason for transfer and document the noticein the client's record; and

(3)        Provide reasonablenotice to and consult with the legally responsible person regarding the reasonfor the transfer and document the notice and consultation in the client'srecord.

No later than 24 hours afterthe transfer, the responsible professional at the original facility shallnotify the legally responsible person that the transfer is completed.

(e)        The responsibleprofessional may transfer a client from one facility to another for emergencymedical treatment, emergency medical evaluation, or emergency surgery withoutnotice to or consent from the client.  Within a reasonable period of time theresponsible professional shall notify the next of kin or the legallyresponsible person of the client of the transfer.

(f)         When a client istransferred to another facility solely for medical reasons, the client shall bereturned to the original facility when the medical care is completed unless theresponsible professionals at both facilities concur that discharge of theclient who is not subject to G.S. 122C-266(b) is appropriate.

(g)        The Commission mayadopt rules to implement this section. (1919, c. 330; C.S., S. 6163; 1925, c. 51, s. 1; 1945,c. 925, s. 5; 1947, c. 537, s. 9; c. 623, s. 1; 1953, c. 675, s. 15; 1955, c.1274, s. 1; 1959, c. 1002, s. 11; 1963, c. 1166, ss. 10, 12; 1973, c. 475, s.1; c. 476, s. 133; c. 673, ss. 7, 8; c. 1436, ss. 6, 7; 1977, c. 679, s. 7;1981, c. 51, s. 3; c. 328, ss. 1, 2; 1985, c. 589, s. 2; 1985 (Reg. Sess.,1986), c. 863, s. 15; 1991, c. 704, s. 1.)