New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.6 - Temporary transfer without order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may approve a transfer
				without order between hospitals for a period of 30 days for a patient in need
				of special medical or surgical care available at the receiving, but not the
				sending, hospital. Such transfer shall not be extended beyond 30 days unless an
				order of transfer is obtained pursuant to the provisions of section
				517.4  of this
				Part.
(b) Unless otherwise
				prohibited by court order in specific cases, the commissioner may approve a
				transfer without order from a hospital operated by the OMH to those institutes
				designated under section 7.17 (b)  of the Mental
				Hygiene Law as institutes for the conduct of medical research on mental
				illness, for a period not to exceed 60 days. Written consent to such transfer
				shall be obtained in accordance with Part 27 of this Title. Such transfer shall
				not be extended beyond 60 days unless an order of transfer is obtained pursuant
				to the provisions of section
				517.4  of this
				Part. The patient shall be returned to the sending hospital upon the expiration
				of the authorized transfer, but the patient shall be returned prior to such
				expiration upon the request of the patient or of the person who has given
				consent on behalf of the patient or upon the determination of the director of
				the institute that the patient's presence at the institute is no longer
				needed.
(c) The commissioner may
				approve a temporary transfer without order for a patient who is required to
				appear at a court hearing, from a hospital located outside the county of the
				court where such hearing is scheduled to be heard to a hospital located within
				the county of the court, if such transfer would significantly reduce
				inconvenience to the patient. Such transfer shall be extended beyond 30 days
				only upon written approval of the commissioner based upon a written request
				stating the reasons for such extension.
(d) The commissioner or a designee thereof
				may approve a transfer without order from a residential treatment facility for
				children and youth to a hospital, for a period of up to 30 days, if the patient
				has a mental illness which is likely to result in immediate serious physical
				harm to self or others, as defined in section
				517.3(g) 
				of this Part, unless a specified program of services is provided to such
				patient, and if such program is available at the receiving hospital but not at
				the residential treatment facility. Such transfer shall not be extended beyond
				30 days unless an order of transfer is obtained pursuant to the provisions of
				section
				517.4  of this
				Part.
(e) When a patient's
				temporary transfer without order is effected pursuant to this section, the
				sending hospital shall, no later than three days after such transfer, give
				written notice thereof to the following parties:
(1) the nearest relative of the
				patient;
(2) additional significant
				others who the patient has indicated should receive notice of the patient's
				hospitalization and status;
(3) the
				patient's guardian, if any, if such guardian is not included under paragraph
				(1) or (2) of this subdivision; and
(4) the Mental Hygiene Legal
				Service.