(a) The Administrator of a behavioral health treatment facility or qualified designee or medical director of a public or private hospital, as often as practicable, but no less than every 30 days, shall examine or cause to be examined every patient to determine that patient’s status and need for continuing hospitalization.
(b) The Administrator of the facility shall discharge, or cause to be discharged, any patient when the following occurs:(1) Conditions justifying hospitalization no longer exist;(2) The patient is transferred to another hospital or facility for treatment for that patient’s behavioral challenge or mental health disorder or physical condition;(3) The patient is absent from the facility unlawfully for a period of 90 days;(4) Notice is received that the patient has been admitted to another hospital, inside or outside of the Territory, for treatment for that patient’s behavioral challenge or mental health disorder or physical condition; or(5) Although lawfully absent from the facility, the patient is admitted to another facility or hospital inside or outside the Territory for treatment of that patient’s behavioral health challenge or mental health disorder or physical condition, except that, if it is the opinion of the Administrator of the facility that the patient will directly reenter the facility within the foreseeable future, the patient need not be discharged.
(1) Conditions justifying hospitalization no longer exist;
(2) The patient is transferred to another hospital or facility for treatment for that patient’s behavioral challenge or mental health disorder or physical condition;
(3) The patient is absent from the facility unlawfully for a period of 90 days;
(4) Notice is received that the patient has been admitted to another hospital, inside or outside of the Territory, for treatment for that patient’s behavioral challenge or mental health disorder or physical condition; or
(5) Although lawfully absent from the facility, the patient is admitted to another facility or hospital inside or outside the Territory for treatment of that patient’s behavioral health challenge or mental health disorder or physical condition, except that, if it is the opinion of the Administrator of the facility that the patient will directly reenter the facility within the foreseeable future, the patient need not be discharged.
(c) The Administrator of the facility may discharge, or cause to be discharged, any patient even though the patient is suffering from a behavioral health challenge, mental health disorder, and substance use disorder and appropriately hospitalized in the behavioral health treatment facility, if:(1) The patient and either the guardian, spouse or adult next of kin of the patient request that patient’s discharge; and(2) In the opinion of the treating physician of the facility, the patient does not pose a likelihood of serious harm to anyone due to that patient’s behavioral health challenge, mental health disorder, and substance use disorder.
(1) The patient and either the guardian, spouse or adult next of kin of the patient request that patient’s discharge; and
(2) In the opinion of the treating physician of the facility, the patient does not pose a likelihood of serious harm to anyone due to that patient’s behavioral health challenge, mental health disorder, and substance use disorder.