N.Y. Comp. Codes R. & Regs. tit. 14 § 17.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 17.4 - Approval of transfer without order

(a) The commissioner hereby approves transfers without order from any facility in the department to any other facility in the department for a period of 30 days for patients in need of special medical or surgical care available in the receiving facility. Such transfers shall be reported to the department as directed.

(1) Such transfers shall continue beyond 30 days between two facilities in different classes only with the approval of the commissioner based on a request for extension showing:

(i) The physical diagnosis or condition which required the original transfer.

(ii) A summary of the treatment provided and its effect.

(iii) A plan for continued treatment to be provided and its goals.

(iv) A statement indicating why the required treatment cannot be provided at the original facility.

(v) A statement indicating how services for the mentally disabled are being provided.

(vi) The additional period during which the transfer without order is to be continued.

(2) Transfer for special medical or surgical care between facilities of the same class may be extended beyond 30 days by effectuating a transfer pursuant to sections 17.1 through 17.3 of this Part.

(b) Unless otherwise prohibited by court order in specific cases the commissioner hereby approves temporary transfers without order from any facility in the department to the Institute for Basic Research in Mental Retardation, for a period not to exceed 60 days, of patients or residents on voluntary, informal or non-objecting status. Written consent must be obtained from the patient or someone authorized to act on his behalf. The transfer may be extended for an additional period of not to exceed 60 days by order of the commissioner. No further extension is permitted. The patient or resident shall be returned to the facility from which he came upon the expiration of the authorized transfer period but the patient or resident shall be so 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 said institute that his presence at the institute is no longer needed.

(c) The commissioner hereby approves temporary transfers without order of patients who are required to appear at court hearings, to any other department facility in proximity to the court where such court hearings are scheduled to be heard. Such transfers shall be reported to the department in accordance with procedures set forth in the department's policy manual. Such temporary transfers shall continue beyond 30 days only upon written approval of the commissioner based upon a written request stating the reasons for the extended period of transfer.

(d) The Mental Health Information Service shall be notified by the sending facility of any such transfer without order.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 17.4