Maine Revised Statutes Title 34-B Sec. 3868 – Transfer to other institutions
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1. To other hospitals. The commissioner may transfer, or authorize the transfer of, a patient from one hospital to another, either inside or outside the State, if the commissioner determines that it would be consistent with the medical or psychiatric needs of the patient to do so.
A. Before a patient is transferred, the commissioner shall give written notice of the transfer to the patient’s guardian, the patient’s parents or spouse or, if none of these persons exists or can be located, to the patient’s next of kin or friend, except that if the chief administrative officer of the hospital to which the patient is currently admitted has reason to believe that notice to any of these individuals would pose risk of harm to the person, then notice may not be given to that individual. [PL 1997, c. 422, §21 (AMD).]
B. In making all such transfers, the commissioner shall give due consideration to the relationship of the patient to the patient’s family, guardian or friends, in order to maintain relationships and encourage visits beneficial to the patient. [PL 2007, c. 319, §14 (AMD).]
C. For a patient transferred under this subsection, the order of involuntary commitment and the order of involuntary treatment, if any, remain in effect and are transferred to the receiving hospital. [PL 2015, c. 309, §9 (NEW).]
[PL 2015, c. 309, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 3868
- Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Patient: means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. See Maine Revised Statutes Title 34-B Sec. 3801
- Psychiatric hospital: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. To federal agency. Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any involuntarily hospitalized person and that the person is eligible for care and treatment in a hospital or institution of the agency, the chief administrative officer of the psychiatric hospital may cause the person’s transfer to the agency of the United States for hospitalization.
A. Upon making such a transfer, the chief administrative officer shall notify the court that ordered hospitalization and the persons specified in subsection 1, paragraph A. [PL 2007, c. 319, §14 (AMD).]
B. A person may not be transferred to an agency of the United States if the person is confined pursuant to conviction of any felony or misdemeanor or if the person has been acquitted of the charge solely on the ground of mental illness, unless before the transfer the court originally ordering confinement of the person enters an order for transfer after appropriate motion and hearing. [PL 2007, c. 319, §14 (AMD).]
C. Any person transferred under this section to an agency of the United States is deemed to be hospitalized by the agency pursuant to the original order of hospitalization. [PL 1983, c. 459, §7 (NEW).]
[PL 2007, c. 319, §14 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1997, c. 422, §21 (AMD). PL 2007, c. 319, §14 (AMD). PL 2015, c. 309, §9 (AMD).