CHAPTER 13.  TRANSFER OF PATIENTS COMMITTED

TO THE DEPARTMENT

Art. 1471.  Transfer of patients between institutions

A.  Except as otherwise provided in this Article, the department may transfer any patient from one mental institution to another.  Moreover, the superintendent of an institution may request the department to transfer a patient when he believes that a transfer is necessary.

(1)  A patient may be transferred to or from a private mental institution only upon the joint application of the superintendent of that institution and of the legal or natural guardian or the person liable for the support of the minor patient.  However, no private mental institution shall be obligated to retain a minor patient because of the refusal to sign the application by the guardian or the person liable for support.

(2)  A person under an order of commitment or acquitted of a delinquent act on the ground of mental illness shall be transferred only upon authority of the committing court.

(3)  A minor patient voluntarily admitted pursuant to Article 1464 shall be transferred only with his written consent.

(4)  A minor patient admitted by a parental commitment pursuant to Article 1460 shall be transferred only upon the written consent of the parent, tutor, or caretaker who originally sought his admission.

B.  The following documents, as applicable, shall accompany a minor patient upon his transfer:

(1)  The transfer order of the department.

(2)  Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.

(3)  All of the minor patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.