(a) The department director or his designee may transfer, or authorize the transfer of, an involuntary patient from one inpatient treatment facility to another, if he determines that it would be consistent with the mental health needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court.
(b)  Upon receipt of a certificate of an agency of any other state or private facility in any state, that facilities are available for the care or treatment of any patient committed or otherwise being cared for and treated pursuant to this chapter and that the patient is eligible for care or treatment in a facility of such agency, or if the patient or his next of kin or his guardian wish to have him cared for in some other facility, the department director or his designee may transfer him to such facility for care or treatment. Upon effecting any such transfer, the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court shall be immediately notified of such transfer. Any patient transferred as herein provided shall be deemed to be in the custody of such facility to the same extent and subject to the same limitations as if he had been ordered to be placed in its custody under section 66-329, Idaho Code.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Idaho Code 66-334

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Department director: means the director of the state department of health and welfare. See Idaho Code 66-317
  • Facility: means any public or private hospital, state hospital, institution, mental health center, or other organization designated in accordance with rules adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate, or provide care or treatment, or both, for the mentally ill. See Idaho Code 66-317
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Involuntary patient: means an individual committed pursuant to section 18-212, 66-329, or 66-1201, Idaho Code. See Idaho Code 66-317
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(c)  Records pertaining to the patient and retained by the sending facility shall be forwarded to the receiving facility within a reasonable time prior to or after the patient’s transfer.
(d)  Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of any patient so transferred and to determine the necessity for continuance of the commitment.