§ 10-807. Transfers between facilities

   (a) "Public facility" defined. -- In this section, "public facility" means a facility under § 10-406 of this title maintained under the direction of the Administration.

(b) Matters for determination. -- The Director may transfer an individual, who is admitted under Subtitle 6 of this title or committed under Title 3 of the Criminal Procedure Article, from a public facility to the Clifton T. Perkins Hospital Center, if the Director finds that:

   (1) The individual either can receive better care or treatment in or would be more likely to benefit from care or treatment at the Clifton T. Perkins Hospital Center; or

   (2) The safety or welfare of other individuals would be furthered.

(c) Notice and opportunity to be heard prior to transfer. --

   (1) Prior to transferring an individual from a public facility to the Clifton T. Perkins Hospital Center, the Director shall give the individual notice and an opportunity for a hearing before the Office of Administrative Hearings, unless the Director finds that an emergency requires the immediate transfer of the individual.

   (2) If the Director determines that an emergency requires the immediate transfer of an individual, the individual may be transferred to the Clifton T. Perkins Hospital Center if the Administration:

      (i) Provides notice to the individual; and

      (ii) Schedules a post transfer hearing before the Office of Administrative Hearings within 10 calendar days after the transfer.

   (3) A hearing requested by an individual under paragraph (1) of this subsection shall be convened at the public facility within 30 calendar days after the individual received notice of the transfer.

(d) Hearing. -- If a hearing is requested by the individual in accordance with subsection (c)(1) of this section, the hearing shall be utilized to determine whether the Administration has demonstrated by preponderance of the evidence that the criteria for transfer have been met.

(e) Final decision. -- A decision of an administrative law judge under this section shall be the final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.

(f) No jurisdiction to review determination. -- The Board of Review of the Department does not have jurisdiction to review the determination of an administrative law judge that is made under this section.

(g) Residents of other states. -- The Director may transfer any individual who is a resident of another state to a facility in that state if the Director finds that the transfer is feasible.

(h) Record; notice. --

   (1) Any finding that the Director makes under this section shall be in writing and filed with the records of the individual involved.

   (2) A copy of the finding and the notice to the facility to which the individual is being transferred shall be sent to the guardian or other legal representative of the individual.

(i) Transfer without consent of individual. -- The Director may transfer an individual between public facilities, other than the Clifton T. Perkins Hospital Center, without the consent of the individual if the Director finds that administrative or clinical reasons require a transfer of the individual from the facility.

(j) Transfer of records. --

   (1) In effecting a transfer of an individual from a unit in a public facility to another unit in the facility or to another public facility, the transferring facility shall provide for the transfer of all the records necessary for continuing the care of the individual on or before the date of transfer to the facility to which the individual is being transferred.

   (2) This subsection is not intended to preempt the requirements of § 10-625 of this title.

(k) Transporting. -- An individual may not be transported to or from any facility unless accompanied by:

   (1) An ambulance attendant or other individual who is authorized by the facility and is of the same sex. However, the chief executive officer of the facility or that officer's designee may designate an ambulance attendant or other person of either sex to provide transportation to an individual, if deemed appropriate; or

   (2) The parent, spouse, domestic partner, adult sibling, or adult offspring of the individual.

HISTORY: An. Code 1957, art. 59, § 17; 1982, ch. 21, § 2; 1989, ch. 31; 1990, ch. 500; 2004, ch. 25, § 6; 2008, ch. 590; 2011, ch. 114.