2006 Louisiana Laws - RS 28:94 — Transfer of patients between institutions

§94.  Transfer of patients between institutions

A.  Except as otherwise provided in this Subsection, the department may transfer any patient from one mental institution to another.  Moreover, the superintendent of an institution may request the department to transfer a patient when he believes that a transfer is necessary.  

(1)  A patient may be transferred to or from a private mental institution only upon the joint application of the superintendent of that institution and of the legal or natural guardian or the person liable for the support of the patient.  However, no private mental institution shall be obligated to retain a patient because of the refusal to sign the application by the guardian or the person liable for support.  

(2)  A person under sentence or acquitted of a crime or misdemeanor on the ground of mental illness or defect shall be transferred only upon authority of the committing court.  

(3)  A voluntary patient shall be transferred only with his written consent.  

B.  The following documents, as applicable, shall accompany a patient upon his transfer:

(1)  The transfer order of the department.  

(2)  Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.  

(3)  All of the patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.  

Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978.