25-03.1-34. Transfer of patients.
438 words·~2 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-34·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The superintendent or director of a treatment facility may transfer, or authorize the
transfer of, an involuntary patient from a hospital to another facility if the
superintendent or director determines it would be consistent with the medical needs of
the patient to do so. Due consideration must be given to the relationship of the patient
to family, legal guardian, or friends, so as to maintain relationships and encourage
visits beneficial to the patient. If a treatment facility licensed by any state for the care
and treatment of persons who are mentally ill or individuals with a substance use
disorder agrees with the patient or patient's guardian to accept the patient for
treatment, the superintendent or director of the treatment facility shall release the
patient to the other facility.
2. Upon receipt of notice from an agency of the United States that facilities are available
for the care or treatment of any individual ordered hospitalized who is eligible for care
or treatment in a treatment facility of that agency, the superintendent or director of the
treatment facility may cause the individual's transfer to that agency of the United
States for treatment. An individual may not be transferred to any agency of the United
States if the individual is confined pursuant to conviction of any felony or misdemeanor
or the individual has been acquitted of the charge solely on the ground of mental
illness unless the court originally ordering confinement of the individual enters an order
for transfer after appropriate motion and hearing. An individual transferred under this
section to an agency of the United States is deemed committed to that agency under
the original order of treatment.
3. A facility may not transfer a patient to another hospital or agency without first notifying
the patient and the patient's legal guardian, spouse, or next of kin, if known, or a
chosen friend of the patient and the court that ordered treatment. The patient must be
given an opportunity to protest the transfer and to receive a hearing on the protest.
The patient's objection to the transfer must be presented to the court where the facility
is located or to a representative of the facility within seven days after the notice of
transfer was received. If the objection is presented to a representative of the facility,
the representative shall transmit the objection to the court. The court shall set a
hearing date, which must be within fourteen days of the date of receipt of the
objection. If an objection has not been filed or the patient consents to a transfer, the
court may enter an ex parte order authorizing transfer.