Title 37, Chapter 3, Section 102
( 37-3-102)
(a) If a patient ordered to be hospitalized pursuant to this chapter
is eligible for hospital care or treatment by the United States
Department of Veterans Affairs or any other federal agency, the
department shall transfer the patient to the custody of the nearest
such agency with available bed space for diagnosis, care, or
treatment. When any such patient is admitted under this Code section
to any such hospital or institution within or outside the state, he
shall be subject to the rules and regulations of such agency. Upon
notification from the superintendent or the chief medical officer of
the United States Department of Veterans Affairs Medical Center for
those patients therein who may require involuntary treatment
pursuant to this chapter, the patient will be evaluated, while
remaining in the physical custody of the United States Department of
Veterans Affairs Medical Center, by the nearest emergency receiving
facility. The superintendent and chief medical officer of any
hospital or institution operated by such agency in which the
individual is so hospitalized shall, with respect to such
individual, be vested with the same powers and duties as the
superintendent and chief medical officer of facilities within this
state with respect to all matters under this chapter. Jurisdiction
is retained in the appropriate courts of this state at any time to
inquire into the mental condition of an individual so hospitalized
to determine the necessity for continuance of his hospitalization
and to order his release; and every transfer of a patient by the
department pursuant to this Code section is so conditioned. (b) An order of a court of competent jurisdiction of another state,
territory, or possession or of the District of Columbia authorizing
hospitalization of a patient by any agency of the United States
shall have the same force and effect as to the patient while in this
state as in the jurisdiction in which is situated the court entering
the order; and the courts of the state, territory, possession, or
district issuing such order shall be deemed to have retained
jurisdiction of the patient so hospitalized for the purpose of
inquiring into his mental condition and determining the necessity
for continuance of his hospitalization, as is provided in subsection
(a) of this Code section with respect to patients ordered
hospitalized by the courts of this state. Consent is given for the
application of the law of the state, territory, possession, or
district in which is located the court issuing the order for
hospitalization with respect to the authority of the chief medical
officer of any hospital or institution operated in this state by the
United States Department of Veterans Affairs or any other federal
agency to retain custody, transfer, furlough, or discharge the
patient therein hospitalized. |