Section 330.4011. Transfer between state hospitals.

(1) A patient may be transferred between hospitals, including the university of Michigan neuropsychiatric institute or other facilities of the department which are not hospitals, for administrative reasons or for good and sufficient clinical reasons when approved by the department. Approval by the department shall be expressed by an order of transfer, a copy of which  shall   be  forwarded   to  the  director of each hospital involved. Prior to approval or denial of the transfer, the  department shall consult with the contractually responsible county community mental health program. A request for a transfer may be submitted by a hospital director, a patient, or other interested person.

(2)   Before an approved transfer is acted upon, the director of the hospital in which the patient is currently residing shall notify  in writing, not less than 7 days prior to transfer, the patient and his guardian or his nearest relative and up to 2 other persons designated by the patient, except if the transfer  is   necessitated  by  an emergency as determined by the hospital director and documented in hospital records. Under emergency circumstances, the  hospital  director  shall  effect  a transfer as soon as necessary and issue the appropriate notices  not  more than 24 hours after transfer.

(3)    The notification period of not more than 7 days prior to transfer may be reduced if the patient or his guardian or nearest relative approves the transfer in person, by telephone, or in writing, and this approval is documented. Written approval shall be obtained as soon as administratively possible.

(4)    Notice of transfer by a hospital director shall inform the patient and his guardian or nearest relative of the right to object to the transfer. Upon receipt of a written objection, an appeal hearing shall  be

held promptly, under procedures established by the department. If an objection is made, transfer shall be delayed until a ruling of the appeal hearing indorses it, unless an emergency as determined and    documented   by the hospital director necessitates an

immediate  transfer.  An   emergency transfer is revocable by decision of the director of the department or  by order of the appeal referee.

(5)   Administrative transfer of a patient to another department hospital for purposes of supervision in connection with convalescent leave or other community placement may be appealed if it is alleged that the supervision or administrative control of the leave or placement, by the hospital to which the administrative transfer is made, and not the leave or  placement itself, would be detrimental to the patient.

(6)   Each hospital shall establish procedures through which patients, guardians, or responsible relatives may participate in the planning or selection of a leave or placement.

History: 1979 AC; 1986 AACS.