2005 Idaho Code - 66-334 — TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT TREATMENT FACILITIES

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-334.  TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT TREATMENT
FACILITIES. (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.
    (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.