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§43A-8-106.
§43A-8-106.
The responsibility for prescribing the treatment of any patient
admitted either voluntarily or by commitment, and for determining his
eligibility for discharge, shall be that of the attending physician.
In the event the petitioner, relative, or guardian wishes to change
the attending physician, a written statement releasing the attending
physician of record and naming a new qualified attending physician
must be submitted to the court, accompanied by a written statement
from the new attending physician agreeing to assume the
responsibilities provided by law. In the event the attending physician
wishes to withdraw from the case, he shall notify the court and the
petitioner, relative, or guardian in writing. The petitioner,
relative, or guardian shall forthwith appoint a new attending
physician in the manner set forth above.
In the event the petitioner, relative, or guardian does not appoint a
new attending physician within a reasonable length of time, then a new
attending physician will be appointed by the judge of the committing
court. The new attending physician must be a qualified staff member of
the private hospital or institution wherein the patient is
hospitalized, and must file a written statement with the committing
court agreeing to assume the responsibilities provided by law.
The attending physician may discharge a patient or grant leave to a
patient only as provided in this act. The attending physician may
discharge a patient at any time as follows:
(1) A patient who, in the judgment of the attending physician, is
recovered.
(2) A patient who is not recovered but, in the judgment of the
attending physician, will not benefit by further treatment in a
private hospital or institution.
A visiting or convalescent leave status may be granted a patient for a
period not exceeding six (6) months to any patient upon authorization
of the attending physician. Neither the attending physician nor the
private hospital or institution shall be responsible for the patient
or any act of the patient, while on visiting or convalescent leave
status. If at the end of said six (6) months period the patient has
not returned as an inpatient to the private hospital or institution
for further treatment, he shall be automatically discharged from the
books of said private hospital or institution. The committing court
shall be notified by a written sealed communication of said discharge.
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