N.Y. Comp. Codes R. & Regs. tit. 14 § 517.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 517.6 - Temporary transfer without order

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 517.6