§ 40.1-5-11 Discharge –Recertification. – (a) The official in charge of any facility or his or her designated agent, onhaving his or her reasons noted on the patient's records, shall discharge anypatient certified or admitted pursuant to the provisions of this chapter, when:
(1) Suitable alternatives to certification or admission areavailable;
(2) The patient is, in the judgment of the official,recovered;
(3) The patient is not recovered, but discharge, in thejudgment of the official, will not create a likelihood of serious harm byreason of mental disability.
(b) When a patient discharge is requested and if thedischarge is denied, the reasons therefor shall be stated, in writing, andnoted in the patient's record and a copy thereof shall be given to the personapplying for the release.
(c) At the expiration of the six (6) month period set forthin § 40.1-5-8(j), or any subsequent six (6) month period followingrecertification pursuant to this section, the patient shall be unconditionallyreleased unless a recertification petition is filed by the official in chargeof a facility or his or her designated agent within no less than fifteen (15)days and no more than thirty (30) days prior to the scheduled expiration dateof a six (6) month period. A hearing must be held pursuant to the petition anda decision rendered before the expiration of the six (6) month period. Arecertification hearing shall follow all of the procedures set forth in §40.1-5-8 and recertification may be ordered only if the petitioner proves byclear and convincing evidence that the conduct and responses of the patientduring the course of the previous six (6) month period indicate that thepatient is presently in need of care and treatment in a facility; is one whosecontinued unsupervised presence in the community would create a likelihood ofserious harm by reason of mental disability; and that all alternatives torecertification have been investigated and deemed unsuitable.
§ 40.1-5-11 Discharge –Recertification. – (a) The official in charge of any facility or his or her designated agent, onhaving his or her reasons noted on the patient's records, shall discharge anypatient certified or admitted pursuant to the provisions of this chapter, when:
(1) Suitable alternatives to certification or admission areavailable;
(2) The patient is, in the judgment of the official,recovered;
(3) The patient is not recovered, but discharge, in thejudgment of the official, will not create a likelihood of serious harm byreason of mental disability.
(b) When a patient discharge is requested and if thedischarge is denied, the reasons therefor shall be stated, in writing, andnoted in the patient's record and a copy thereof shall be given to the personapplying for the release.
(c) At the expiration of the six (6) month period set forthin § 40.1-5-8(j), or any subsequent six (6) month period followingrecertification pursuant to this section, the patient shall be unconditionallyreleased unless a recertification petition is filed by the official in chargeof a facility or his or her designated agent within no less than fifteen (15)days and no more than thirty (30) days prior to the scheduled expiration dateof a six (6) month period. A hearing must be held pursuant to the petition anda decision rendered before the expiration of the six (6) month period. Arecertification hearing shall follow all of the procedures set forth in §40.1-5-8 and recertification may be ordered only if the petitioner proves byclear and convincing evidence that the conduct and responses of the patientduring the course of the previous six (6) month period indicate that thepatient is presently in need of care and treatment in a facility; is one whosecontinued unsupervised presence in the community would create a likelihood ofserious harm by reason of mental disability; and that all alternatives torecertification have been investigated and deemed unsuitable.
§ 40.1-5-11 Discharge –Recertification. – (a) The official in charge of any facility or his or her designated agent, onhaving his or her reasons noted on the patient's records, shall discharge anypatient certified or admitted pursuant to the provisions of this chapter, when:
(1) Suitable alternatives to certification or admission areavailable;
(2) The patient is, in the judgment of the official,recovered;
(3) The patient is not recovered, but discharge, in thejudgment of the official, will not create a likelihood of serious harm byreason of mental disability.
(b) When a patient discharge is requested and if thedischarge is denied, the reasons therefor shall be stated, in writing, andnoted in the patient's record and a copy thereof shall be given to the personapplying for the release.
(c) At the expiration of the six (6) month period set forthin § 40.1-5-8(j), or any subsequent six (6) month period followingrecertification pursuant to this section, the patient shall be unconditionallyreleased unless a recertification petition is filed by the official in chargeof a facility or his or her designated agent within no less than fifteen (15)days and no more than thirty (30) days prior to the scheduled expiration dateof a six (6) month period. A hearing must be held pursuant to the petition anda decision rendered before the expiration of the six (6) month period. Arecertification hearing shall follow all of the procedures set forth in §40.1-5-8 and recertification may be ordered only if the petitioner proves byclear and convincing evidence that the conduct and responses of the patientduring the course of the previous six (6) month period indicate that thepatient is presently in need of care and treatment in a facility; is one whosecontinued unsupervised presence in the community would create a likelihood ofserious harm by reason of mental disability; and that all alternatives torecertification have been investigated and deemed unsuitable.
