Page 29 TITLE 24—HOSPITALS AND ASYLUMS § 327

a contract or other arrangement under section

322 or 324 of this title), endeavor to arrange with

the proper authorities of such State, or of a political subdivision thereof, for the assumption of

responsibility for the care and treatment of such

person by such authorities and shall, upon the

making of such arrangement in writing, transfer

and release such person to such authorities. In

the event the State of the residence or legal

domicile of an eligible person cannot be ascertained, or the Secretary is unable to arrange

with the proper authorities of such State, or of

a political subdivision thereof, for the assumption of responsibility for his care and treatment,

the Secretary may, if he determines that the

best interests of such person will be served

thereby, transfer and release the eligible person

to a relative who agrees in writing to assume responsibility for such person after having been

fully informed as to his condition.

(Pub. L. 86–571, §3, July 5, 1960, 74 Stat. 308.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 324, 327, 329 of

this title.

§ 324. Care and treatment of eligible persons

until transfer and release

(a) Place of hospitalization

Until the transfer and release of an eligible

person pursuant to section 323 of this title, the

Secretary is authorized to provide care and

treatment for such person at any Federal hospital within or (pursuant to agreement) outside

of the Department, or (under contract or other

arrangements made without regard to section 5

of title 41) at any other public or private hospital in any State and, for such purposes, to

transfer such person to any such hospital from a

place of temporary care provided pursuant to

section 322 of this title. In determining the place

of such hospitalization, the Secretary shall give

due weight to the best interests of the patient.

(b) Ineligible persons

The authority of the Secretary to provide hospitalization for any person under this section

shall not apply to any person for whose medical

care and treatment any agency of the United

States is responsible.

(Pub. L. 86–571, §4, July 5, 1960, 74 Stat. 309; Pub.

L. 98–621, §10(r), Nov. 8, 1984, 98 Stat. 3381.)

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–621 substituted ‘‘any’’ for

‘‘Saint Elizabeth Hospital, at any other’’ after ‘‘for

such person’’ in first sentence.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–621 effective Oct. 1, 1987,

see section 12(b) of Pub. L. 98–621 set out as an Effective

Date note under section 225 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 168b, 323, 325,

326, 327, 328 of this title.

§ 325. Examination of persons admitted

(a) Time and frequency of examination; discharge

Any person admitted to any hospital pursuant

to section 322 or section 324 of this title shall, as

soon as practicable, but in no event more than

five days after the day of such admission, be examined by qualified members of the medical

staff of the hospital and, unless found to be in

need of hospitalization by reason of mental illness, shall be discharged. Any person found upon

such examination to be in need of such hospitalization shall thereafter, as frequently as

practicable but not less often than every six

months, be reexamined and shall, whenever it is

determined that the conditions justifying such

hospitalization no longer obtain, be discharged

or, if found to be in the best interests of the patient, be conditionally released.

(b) Notice to legal guardian, etc.

Whenever any person is admitted to a hospital

pursuant to this chapter, his legal guardian,

spouse, or next of kin shall, if known, be immediately notified.

(Pub. L. 86–571, §5, July 5, 1960, 74 Stat. 309.)

§ 326. Release of patient

(a) Request; determination of right to retain; retention after request

If a person who is a patient hospitalized under

section 322 or 324 of this title, or his legal guardian, spouse, or adult next of kin, requests the release of such patient, the right of the Secretary,

or the head of the hospital, to detain him for

care and treatment shall be determined in accordance with such laws governing the detention, for care and treatment, of persons alleged

to be mentally ill as may be in force and applicable generally in the State in which such hospital is located, but in no event shall the patient

be detained more than forty-eight hours (excluding any period of time falling on a Sunday or

legal holiday) after the receipt of such request

unless within such time (1) judicial proceedings

for such hospitalization are commenced or (2) a

judicial extension of such time is obtained, for a

period of not more than five days, for the commencement of such proceedings.

(b) Transfer to another hospital

The Secretary is authorized at any time, when

he deems it to be in the interest of the person or

of the institution affected, to transfer any person hospitalized under section 324 of this title

from one hospital to another, and to that end

any judicial commitment of any person so hospitalized may be to the Secretary.

(Pub. L. 86–571, §6, July 5, 1960, 74 Stat. 309.)

§ 327. Notification to committing court of discharge or conditional release

In the case of any person hospitalized under

section 324 of this title who has been judicially

committed to the Secretary’s custody, the Secretary shall, upon the discharge or conditional

release of such person, or upon such person’s

transfer and release under section 323 of this

title, notify the committing court of such discharge or conditional release or such transfer

and release.

(Pub. L. 86–571, §7, July 5, 1960, 74 Stat. 310.)