N.J. Admin. Code § 10:35-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:35-4.3 - General transfer policies and procedures

(a) Transfers over the objection of a patient are permitted when a clinical determination has concluded that the decision is in the transferee's clinical best interest or necessary for the safety of other patients or administratively necessary due to a factor listed in N.J.A.C. 10:35-4.2.

(b) Transfers occurring as a result of overcrowding, life safety concerns, natural catastrophes, or consolidation of services shall require the approval of the Assistant Commissioner.

(c) The following procedures shall be in effect for transfers of patients between facilities:

1. Facility staff should actively promote patient and family input into transfer decisions.

2. The designated sending psychiatric facility must discuss the transfer with the designated receiving psychiatric facility. If the parties agree to the transfer, they will arrange for a specific date and time for the transfer to occur.

3. Both the patients scheduled to be transferred, and their families, shall be notified by the sending psychiatric facility as soon as possible after the transfer decision has been made, but no later than 72 hours prior to the transfer. When a patient requests transfer, staff shall notify him or her of their decision promptly.

4. In the event of an emergency transfer, defined as imminent danger of serious bodily harm to self or others which less restrictive placement alternatives other than transfer cannot adequately address, the 72 hour notification requirement shall be waived. Only factors listed at N.J.A.C. 10:35-4.2(a)3 and 5 may serve as the basis for an emergency transfer.

5. The psychiatric facility initiating the transfer shall make the arrangements for the transfer, including transportation.

6. If the two psychiatric facilities do not agree on the transfer, the matter shall be referred to the chief executive officer, or designee, of the respective facilities for resolution. The patient's attorney shall be notified of the disagreement. If the chief executive officers are unable to resolve the matter, the Assistant Commissioner or a designee shall finally resolve the matter.

7. All transfers are to be handled in a timely manner as specified in the affiliation agreement.

N.J. Admin. Code § 10:35-4.3

Amended by 47 N.J.R. 2152(b), effective 8/17/2015