N.Y. MHY Law § 29.11 — New York Code / Act MHY / Title E / Article 29 / Section 29.11
Commissioner's power to transfer and discharge patients
Status: in_force

§ 29.11 Commissioner's power to transfer and discharge patients.\n  (a) Subject to his regulations, the commissioner may order or approve\nthe transfer of a patient from one facility to another appropriate\nfacility.\n  (b) A voluntary or informal patient may be transferred only with his\nconsent.\n  (c) In the case of a voluntary patient under eighteen years of age,\ntransfer may be made only upon the request or consent of his parent,\nlegal guardian, or next of kin unless such patient was admitted on his\nown application.\n  (d) No transfer shall be made to any facility other than a department\nfacility without the consent of the facility to which the patient is\ntransferred.\n  (e) A patient transferred to a department facility pursuant to section\n67.07 of this chapter may be detained for a period not to exceed three\ndays, excluding Sunday and holidays, pursuant to the laws of the sending\nstate, and then shall be formally admitted under the laws of this state\nor discharged.\n  (f) Upon a determination that overcrowding exists in any facility\nbecause of the scarcity of space or the destruction of existing space or\nthat the revocation or suspension of an operating certificate pursuant\nto section 13.15 of this chapter requires the removal of patients, the\ncommissioner shall arrange for the interim and emergency accommodation\nof patients.\n  (g) The commissioner, by order, may discharge any patient in his\njudgment improperly detained in any facility.\n  (h) Notwithstanding any other provision of law, no person committed to\nthe custody of the commissioner of mental hygiene pursuant to article\nseven hundred thirty of the criminal procedure law, or continuously\nthereafter retained in such custody, shall be discharged, released on\ncondition or placed in any less secure facility or on any less\nrestrictive status, including, but not limited to vacations, furloughs\nand temporary passes, unless the commissioner or his or her designee,\nwhich may include the director of an appropriate institution as defined\nin section 730.10 of the criminal procedure law, shall deliver written\nnotice, at least four days, excluding Saturdays, Sundays and holidays,\nin advance of the change of such committed person's facility or status,\nor in the case of a person committed pursuant to a final order of\nobservation written notice upon discharge of such committed person, to\nall of the following:\n  1. the district attorney of the county from which such person was\ncommitted;\n  2. the superintendent of state police;\n  3. the sheriff of the county where the facility is located;\n  4. the police department having jurisdiction of the area where the\nfacility is located;\n  5. any person who may reasonably be expected to be the victim of any\nassault or any violent felony offense, as defined in the penal law, or\nany offense listed in section 530.11 of the criminal procedure law which\nwould be carried out by the committed person; provided that the person\nwho reasonably may be expected to be a victim does not need to be a\nmember of the same family or household as the committed person;\n  6. the attorney for the committed person, where the attorney shall so\nrequest; and\n  7. any other person the court may designate.\n  Said notice may be given by any means reasonably calculated to give\nprompt actual notice. The notice required by this subdivision shall also\nbe given immediately upon the departure of such committed person from\nthe actual custody of the commissioner or an appropriate institution,\nwithout proper authorization. Nothing in this subdivision shall be\nconstrued to impair any other right or duty regarding any notice or\nhearing contained in any other provision of law.\n  (i) If at the time the commissioner orders the transfer of an\ninvoluntary patient from a hospital to a hospital operated by the state,\nthere is pending a request for a hearing or a decision by a court on the\nquestion of need for involuntary care and treatment, the commissioner\nmay either (i) stay his order of transfer until completion of the\nhearing, or (ii) direct the transfer to take place and the director of\nthe state facility shall be substituted in all legal proceedings\nregarding continued retention of the patient.\n  (j) When an order of transfer is issued by the commissioner, the\nreceiving facility may retain the patient for the balance of the period\nauthorized in article nine of this chapter for the admission or\nretention of the patient, based on the date of admission to the facility\nfrom which the patient was transferred.\n