37.2-840 - Transfer of consumers.
§ 37.2-840. Transfer of consumers.
A. The Commissioner may order the transfer of a consumer from one statehospital to another or from one training center to another. When sotransferred, in accordance with appropriate admission, certification, orinvoluntary admission criteria as provided in this chapter, a consumer ishereby declared to be lawfully admitted to the state facility to which he istransferred.
B. If the guardian, conservator, or relative of a consumer in a licensedhospital refuses or is otherwise unable to provide properly for his care andtreatment, the person in charge of the licensed hospital may:
1. Apply to the Commissioner for the transfer of the consumer to a statehospital, or
2. Apply to the Director of the United States Veterans Affairs Medical Centerfor the transfer of the consumer to such center.
Upon the transfer, the state hospital or Veterans Affairs Medical Center mayadmit the consumer under the authority of the admission or order applicableto the licensed hospital from which the consumer was transferred. Thetransfer shall not alter any right of a consumer under the provisions ofChapter 8 (§ 37.2-800 et seq.) of Title 37.2 nor shall the transfer divest ajudge or special justice before whom a hearing or request therefor is pendingof jurisdiction to conduct a hearing. Prior to accepting the transfer of anyconsumer from a licensed hospital, the Commissioner shall receive from thathospital a report that indicates that the consumer is in need of furtherhospitalization. Upon admission of a person to a state hospital pursuant tothis section, the director of the state hospital shall notify the communityservices board or behavioral health authority that serves the city or countywhere the admitted person resides of the person's name and local address andof 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 theinformation.
C. Whenever a person is admitted by a state hospital or training center, theCommissioner, upon a recommendation by the community services board orbehavioral health authority serving the person's county or city of residenceprior to his admission to the hospital or training center, may order thetransfer of the person to any other hospital, training center, or VeteransAffairs hospital, center, or other facility or installation. Such otherhospital, training center, or Veterans Affairs hospital, center, or otherfacility or installation may admit the person under the authority of theadmission or order applicable to the hospital or training center from whichthe person was transferred. The transfer shall not alter any right of theperson under the provisions of this chapter nor shall the transfer divest ajudge or special justice before whom a hearing or request therefor is pendingof 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.)