Section 632.370

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 2 histories   

  632.370.  Transfer of patient by department, procedure — transfer to federal facility, notice, restrictions. — 1.  The department may transfer, or authorize the transfer of, an involuntary patient detained under this chapter, chapter 211, chapter 475, or chapter 552 from one mental health program to another if the department determines that it would be consistent with the medical needs of the patient to do so.  If a minor is transferred from a ward for minors to an adult ward, the department shall conduct a due process hearing within six days of such transfer during which hearing the head of the program shall have the burden to show that the transfer is appropriate for the medical needs of the minor.  Whenever a patient is transferred, written notice thereof shall be given after obtaining the consent of the patient, his or her parent if he or she is a minor or his or her legal guardian to his or her legal guardian, parents and spouse, or, if none be known, his or her nearest known relative or friend.  In all such transfers, due consideration shall be given to the relationship of the patient to his or her family, legal guardian or friends, so as to maintain relationships and encourage visits beneficial to the patient.  The head of the mental health program shall notify the court ordering detention or commitment, the patient's last known attorney of record, and if the person was committed pursuant to chapter 552, to the prosecuting attorney of the jurisdiction where the person was tried and acquitted, of any transfer from one mental health facility to another.  The prosecutor of the jurisdiction where the person was tried and acquitted shall use their best efforts to notify the victims of dangerous felonies.  Notification by the appropriate person or agency by certified mail to the most current address provided by the victim shall constitute compliance with the victim notification requirement of this section.  In the case of a patient committed under chapter 211, the court, on its own motion, may hold a hearing on the transfer to determine whether such transfer is appropriate to the medical needs of the patient.

  2.  Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual heretofore ordered involuntarily detained, treated and evaluated pursuant to this chapter in any facility for the care or treatment of persons with a mental illness or an intellectual disability or a developmental disability and that such individual is eligible for care or treatment in a hospital or institution of such agency, the department may cause his or her transfer to such agency of the United States for hospitalization.  Upon effecting any such transfer, the court ordering hospitalization, the legal guardian, spouse and parents, or, if none be known, his or her nearest known relative or friend shall be notified thereof immediately by the department.  No person shall be transferred to an agency of the United States if he or she is confined pursuant to a conviction for any felony or misdemeanor or if he or she has been acquitted of any felony or misdemeanor solely on the ground of mental illness, unless prior to transfer the court originally ordering confinement of such person enters an order for the transfer after appropriate motion and hearing.  Any person transferred to an agency of the United States shall be deemed to be hospitalized by such agency pursuant to the original order of hospitalization.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2023 S.B. 106)