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§43A-6-102.
§43A-6-102.
A. Upon receipt of a certificate of the United States Public Health
Service or any agency of the United States Government or a veterans
center in the state that facilities are available for the care or
treatment of any person who has been admitted to a facility within the
Department in accordance with the provisions of this title and that
such person is eligible for care or treatment, the Commissioner, upon
recommendation by the person in charge of the facility in which the
patient is located, may transfer the patient to the United States
Public Health Service or other agency of the United States Government,
or a veterans center in the state or other agency of the state for
care and treatment. If the patient has been admitted under involuntary
court-ordered commitment proceedings, the Commissioner shall notify
the committing court of any transfer when it has been effected. Any
patient transferred as provided in this section shall be deemed to be
committed to the United States Public Health Service or other agency
of the United States Government or a veterans center in the state or
other agency of the state pursuant to the original commitment the same
as if he had been originally committed.
B. In the event that a patient transferred under provisions of this
section subsequently becomes ineligible for continued services of, or
if required services cannot be provided by the entity or institution
wherein the patient is then committed and residing, the Commissioner
shall upon notification accept the return of the patient to the
appropriate institution of the Department. If the patient has been
admitted under this title, the Commissioner shall notify the
committing court of the transfer when it has been effected. Any
patient transferred as provided in this section shall be deemed to be
committed to the Department pursuant to the original commitment the
same as if he had been originally committed.
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