25-03.1-30. Discharge of hospitalized patient - Transfer to alternative treatment -
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/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Termination of alternative treatment.
1. The superintendent or director at any time may discharge a voluntarily hospitalized
patient who is clinically suitable for discharge.
2. The superintendent or director shall discharge a patient hospitalized by court order if
the patient's mental condition is such that the patient no longer is a person requiring
treatment.
3. If a patient discharged under subsection 1 or 2 has been hospitalized by a court order,
or if court proceedings are pending, the treatment facility shall notify the court of the
discharge.
4. A person responsible for providing treatment, other than hospitalization, to an
individual ordered to undergo a program of alternative treatment may terminate the
alternative treatment if the patient is clinically suitable for termination of treatment. The
person shall terminate the alternative treatment if the patient no longer is a person
requiring treatment and shall notify the court upon that termination.
5. If, upon the discharge of a hospitalized patient or the termination of alternative
treatment of an individual under this chapter, the individual would benefit from further
treatment, the hospital or provider of alternative treatment shall offer appropriate
treatment on a voluntary basis or shall aid the individual to obtain treatment from
another source on a voluntary basis.
a. With the individual's consent, the superintendent or director shall notify the
appropriate community agencies or persons of the release and of the suggested
release plan. Community agencies include regional mental health centers, state
and local counseling services, public and private associations the function of
which is to assist persons who are mentally ill or individuals with a substance use
disorder, and the individual's physician.
b. The agencies and persons notified of the individual's release shall report to the
facility that initial contact with the individual has been accomplished.
6. If, before expiration of an initial treatment order, the superintendent or director
determines a less restrictive form of treatment is more appropriate for a patient
hospitalized by court order, the superintendent or director may petition the court that
last ordered the patient's hospitalization to modify the order of the court. The petition
must contain statements setting forth the reasons for the determination the patient
continues to be a person requiring treatment, the reasons for the determination a less
restrictive form of treatment is more appropriate for the patient, and describing the
recommended treatment program. If the patient consents, without a hearing, the court
may modify the treatment order of the court by directing the patient to undergo the
agreed treatment program for the remainder of the treatment order. The patient must
be given an opportunity to protest the discharge and modification of treatment order
and to receive a hearing on the merits of the protest.