1. (a) The superintendent or his or her designee shall order the medical transfer of an involuntarily admitted patient to an acute care hospital if the following conditions apply:

   1. (1) The patient has acute medical needs requiring treatment which cannot be provided at NHH;
   2. (2) The hospital to which the patient is to be transferred can provide the treatment that the patient requires; and

   3. (3) One of the following applies:

      1. a. The patient has consented to the transfer;
      2. b. The patient’s legal guardian, if the guardian has been granted decision-making authority regarding medical care, has consented to the transfer; or

      3. c. The patient:

         1. 1. Is legally competent;
         2. 2. Is unable to consent to the transfer; and
         3. 3. Has acute medical needs that require emergency treatment.
2. (b) A patient who is transferred from NHH for medical treatment shall remain under the protective custody of NHH pursuant to the authority under which the patient was involuntarily admitted.
3. (c) If the patient being transferred under He-M 613.05 or his or her guardian objects to the transfer, the challenge shall be treated as a complaint in accordance with He-M 204.

Source. #4838, eff 6-15-90, EXPIRED: 6-15-96 New. #7050, eff 6-29-99, EXPIRED: 6-29-07 New. #9191, eff 6-26-08; ss by #11183, eff 9-20-16