§ 40.1-5-32 Transfer of patients. –(a) No transfer of a patient already in a facility shall be made to a facilityor section of a facility maintained for patients certified upon an order of acourt or judge having criminal jurisdiction in a proceeding arising out of acriminal offense. The official in charge of a facility or his or her designatedagent shall have reasonable discretion to order or permit transfers within afacility for reason of finances, adequacy of personnel, and upon conditions setforth in rules or regulations promulgated by the director pursuant hereto.
(b) A patient certified to any facility pursuant to theprovisions of this chapter may be transferred, with his or her consent or thatof his or her guardian, to any facility within or without the state or to aninstitution operated by the Veterans' Administration or to any agency of theUnited States government for the treatment of mental disability at a facilityunder its jurisdiction, within or without the state, when deemed in theinterest of the patient and approved by the transferring and receivingfacilities. A transfer as above described may be accomplished without theconsent of a patient or his or her guardian only upon prior application to, anda hearing in, the district court (or family court in the case of a patientunder eighteen (18) years of age) and a specific finding by the court that theproposed transfer is in the best interests of the patient and is to a facilitywhich will afford the patient the care and treatment necessary and appropriateto his or her condition.
(c) A patient received on voluntary admission may betransferred as provided in subsection (b) with his or her consent; and if thepatient shall not yet have attained his or her eighteenth birthday, with theconsent of his or her parent, guardian, next of kin, or person who signed forhis or her admission. A voluntary patient may be transferred to anotherfacility without his or her consent only upon the filing of a petition forcertification to the facility, and a finding of probable cause at a preliminaryhearing in accordance with § 40.1-5-8.
(d) Patients transferred to facilities without the state orto the Veterans' Administration or the United States Public Health Service, oranother agency operated by the United States government, shall be subject tothe rules and regulations of the facility or institution to which they aretransferred, and the person or official in charge thereof, in connection withthe care and treatment of the patient, being vested with the same powers aspersons in charge of similar facilities within the state, provided that no suchtransfer shall be made to a facility maintained for the purpose of patientscommitted upon an order of a court or judge having criminal jurisdiction in aproceeding arising out of a criminal offense. Transfers of patients betweenstates which have entered into the interstate compact on mental health shall bepursuant to and in accordance with said compact whenever applicable.
§ 40.1-5-32 Transfer of patients. –(a) No transfer of a patient already in a facility shall be made to a facilityor section of a facility maintained for patients certified upon an order of acourt or judge having criminal jurisdiction in a proceeding arising out of acriminal offense. The official in charge of a facility or his or her designatedagent shall have reasonable discretion to order or permit transfers within afacility for reason of finances, adequacy of personnel, and upon conditions setforth in rules or regulations promulgated by the director pursuant hereto.
(b) A patient certified to any facility pursuant to theprovisions of this chapter may be transferred, with his or her consent or thatof his or her guardian, to any facility within or without the state or to aninstitution operated by the Veterans' Administration or to any agency of theUnited States government for the treatment of mental disability at a facilityunder its jurisdiction, within or without the state, when deemed in theinterest of the patient and approved by the transferring and receivingfacilities. A transfer as above described may be accomplished without theconsent of a patient or his or her guardian only upon prior application to, anda hearing in, the district court (or family court in the case of a patientunder eighteen (18) years of age) and a specific finding by the court that theproposed transfer is in the best interests of the patient and is to a facilitywhich will afford the patient the care and treatment necessary and appropriateto his or her condition.
(c) A patient received on voluntary admission may betransferred as provided in subsection (b) with his or her consent; and if thepatient shall not yet have attained his or her eighteenth birthday, with theconsent of his or her parent, guardian, next of kin, or person who signed forhis or her admission. A voluntary patient may be transferred to anotherfacility without his or her consent only upon the filing of a petition forcertification to the facility, and a finding of probable cause at a preliminaryhearing in accordance with § 40.1-5-8.
(d) Patients transferred to facilities without the state orto the Veterans' Administration or the United States Public Health Service, oranother agency operated by the United States government, shall be subject tothe rules and regulations of the facility or institution to which they aretransferred, and the person or official in charge thereof, in connection withthe care and treatment of the patient, being vested with the same powers aspersons in charge of similar facilities within the state, provided that no suchtransfer shall be made to a facility maintained for the purpose of patientscommitted upon an order of a court or judge having criminal jurisdiction in aproceeding arising out of a criminal offense. Transfers of patients betweenstates which have entered into the interstate compact on mental health shall bepursuant to and in accordance with said compact whenever applicable.
§ 40.1-5-32 Transfer of patients. –(a) No transfer of a patient already in a facility shall be made to a facilityor section of a facility maintained for patients certified upon an order of acourt or judge having criminal jurisdiction in a proceeding arising out of acriminal offense. The official in charge of a facility or his or her designatedagent shall have reasonable discretion to order or permit transfers within afacility for reason of finances, adequacy of personnel, and upon conditions setforth in rules or regulations promulgated by the director pursuant hereto.
(b) A patient certified to any facility pursuant to theprovisions of this chapter may be transferred, with his or her consent or thatof his or her guardian, to any facility within or without the state or to aninstitution operated by the Veterans' Administration or to any agency of theUnited States government for the treatment of mental disability at a facilityunder its jurisdiction, within or without the state, when deemed in theinterest of the patient and approved by the transferring and receivingfacilities. A transfer as above described may be accomplished without theconsent of a patient or his or her guardian only upon prior application to, anda hearing in, the district court (or family court in the case of a patientunder eighteen (18) years of age) and a specific finding by the court that theproposed transfer is in the best interests of the patient and is to a facilitywhich will afford the patient the care and treatment necessary and appropriateto his or her condition.
(c) A patient received on voluntary admission may betransferred as provided in subsection (b) with his or her consent; and if thepatient shall not yet have attained his or her eighteenth birthday, with theconsent of his or her parent, guardian, next of kin, or person who signed forhis or her admission. A voluntary patient may be transferred to anotherfacility without his or her consent only upon the filing of a petition forcertification to the facility, and a finding of probable cause at a preliminaryhearing in accordance with § 40.1-5-8.
(d) Patients transferred to facilities without the state orto the Veterans' Administration or the United States Public Health Service, oranother agency operated by the United States government, shall be subject tothe rules and regulations of the facility or institution to which they aretransferred, and the person or official in charge thereof, in connection withthe care and treatment of the patient, being vested with the same powers aspersons in charge of similar facilities within the state, provided that no suchtransfer shall be made to a facility maintained for the purpose of patientscommitted upon an order of a court or judge having criminal jurisdiction in aproceeding arising out of a criminal offense. Transfers of patients betweenstates which have entered into the interstate compact on mental health shall bepursuant to and in accordance with said compact whenever applicable.
