§ 37.2-840. Transfer of consumers
A. The Commissioner may order the transfer of a consumer from one state hospital to another or from one training center to another. When so transferred, in accordance with appropriate admission, certification, or involuntary admission criteria as provided in this chapter, a consumer is hereby declared to be lawfully admitted to the state facility to which he is transferred.
B. If the guardian, conservator, or relative of a consumer in a licensed hospital refuses or is otherwise unable to provide properly for his care and treatment, the person in charge of the licensed hospital may:
1. Apply to the Commissioner for the transfer of the consumer to a state hospital, or
2. Apply to the Director of the United States Veterans Affairs Medical Center for the transfer of the consumer to such center.
Upon the transfer, the state hospital or Veterans Affairs Medical Center may admit the consumer under the authority of the admission or order applicable to the licensed hospital from which the consumer was transferred. The transfer shall not alter any right of a consumer under the provisions of Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct a hearing. Prior to accepting the transfer of any consumer from a licensed hospital, the Commissioner shall receive from that hospital a report that indicates that the consumer is in need of further hospitalization. Upon admission of a person to a state hospital pursuant to this section, the director of the state hospital shall notify the community services board or behavioral health authority that serves the city or county where the admitted person resides of the person's name and local address and of the location of the state hospital to which the person has been admitted, provided that the person or his guardian has authorized the release of the information.
C. Whenever a person is admitted by a state hospital or training center, the Commissioner, upon a recommendation by the community services board or behavioral health authority serving the person's county or city of residence prior to his admission to the hospital or training center, may order the transfer of the person to any other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation. Such other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation may admit the person under the authority of the admission or order applicable to the hospital or training center from which the person was transferred. The transfer shall not alter any right of the person under the provisions of this chapter nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct such hearing.
(Code 1950, §§ 37-7, 37-126.1; 1950, pp. 900, 918; 1968, c. 477, §§ 37.1-48, 37.1-86, 37.1-99; 1970, c. 673, § 37.1-78.1; 1976, c. 671; 1980, cc. 582, 583; 1984, c. 174; 1986, c. 349; 2005, c. 716.)
Sections: Previous 37.2-833 37.2-834 37.2-835 37.2-836 37.2-837 37.2-838 37.2-839 37.2-840 37.2-841 37.2-842 37.2-843 37.2-844 37.2-845 37.2-846 37.2-847 NextLast modified: April 16, 2009