N.Y. Comp. Codes R. & Regs. tit. 14 § 57.3

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

Section 57.3 - Immediate transfer

(a) An application may be made for the immediate transfer of a patient to Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit. In such case, the application shall set forth all the facts required by section 57.2 of this Part and, in addition shall set forth facts showing that the hospital where he is being held cannot manage the patient and that a delay in the transfer would seriously jeopardize the safety of the patient, other patients at the facility, or employees thereof. A copy of the application shall be served upon the nearest relative of the patient, if there be any known to the director, and upon the Mental Hygiene Legal Service. If the commissioner or his designee approves the application, he shall order, within 48 hours of receipt of the application the immediate transfer of the patient. The order shall contain a provision that the transfer is conditional upon full review by the commissioner or his designee. A copy of the order shall be served upon the patient, the Mental Hygiene Legal Service, and any relative served with a copy of the application.

(b) Within 24 hours of the patient's arrival at Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional Forensic Unit, the director of the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Psychiatric Center or Central New York Psychiatric Center shall serve notice upon the patient, the nearest relative of the patient, if there be any known to him, and upon the Mental Hygiene Legal Service of the patient's rights to object to the transfer. The procedure set forth in section 57.2 of this Part shall apply. If the decision of the commissioner or his designee is to uphold the transfer, he shall issue an order confirming the transfer. If the decision is to the contrary, he shall rescind the transfer.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 57.3