N.Y. Comp. Codes R. & Regs. tit. 14 § 57.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 57.2 - Procedure for transfer to mid-hudson psychiatric center, kirby forensic psychiatric center, rochester regional forensic unit and northeast regional forensic unit

(a) Application. The director of a hospital operated by the Office of Mental Health may make application in writing to the commissioner or his designee for transfer of an involuntary patient at his facility to the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit. Such application must be supported by a statement of facts showing that:

(1) there is a substantial risk that such patient may cause physical harm to other persons, as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm;

(2) reasonable efforts at treatment have been made without eliminating such substantial risk of physical harm to others;

(3) the patient needs the close supervision provided at the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit. A copy of the application together with a copy of this Part shall be given to the patient, to the nearest relative of the patient, if there be known to the director, and to the Mental Hygiene Legal Service. Proof of service of such copy and proof of service of any paper required by this Part shall be placed in the patient's record.

(b) Notice of commissioner's decision. If the commissioner or his designee finds that the application sets forth facts justifying the transfer of the patient to the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit he shall so notify the director who made the application. Such director shall thereupon give notice of the proposed transfer of such patient to the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit, to the persons served with a copy of the application. The notice shall have attached thereto a copy of the determination of the commissioner or his designee and shall state that such transfer will be effected unless, within 48 hours of service of the notices, exclusive of Saturdays, Sundays, and holidays, the patient, or anyone on his behalf, files written objection to the transfer with such director.

(c) Objection. If the patient or anyone on his behalf files written objection to the proposed transfer with the director of the facility, the patient or his representative may substantiate the objection by filing, within 72 hours of service of the notices of proposed transfer, exclusive of Saturday, Sundays, and holidays, appropriate written arguments supported by documents, statements, and affidavits with the director. The director shall send the notice of objection and any material submitted by the patient or the person filing an objection on the patient's behalf to the commissioner or his designee. The director may also send to the commissioner or his designee written arguments supported by documents, statements, and affidavits in support of his application, provided that a copy of such material be provided to the persons required to be given notice of the proposed transfer.

(d) Determination. If no objection is received to the notice of proposed transfer, the director shall so notify the commissioner or his designee who may then issue an order of transfer. If objection has been filed, the commissioner or his designee shall designate a qualified psychiatrist not on the staff of the facility making the application who shall assist him in evaluating the application. The qualified psychiatrist shall personally visit the hospital and shall interview the patient, the patient's physician, the director, and others as he deems necessary and shall make a report and recommendation to the commissioner or his designee. A copy of such report shall be sent to the persons served with notice of the contemplated transfer. The commissioner or his designee shall give due consideration to the arguments and supporting material presented by the respective parties as well as the report of the designated qualified psychiatrist and shall decide the matter, granting or denying the application for transfer. If the decision is to grant the application, an order for transfer shall be issued. The decision and order of the commissioner or his designee shall be communicated to the director and the transfer may thereupon be effected at a time not less than 24 hours, excluding Saturdays, Sundays, and holidays from the time that notice of such decision and order are served upon the persons previously served with notice of the contemplated transfer.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 57.2