1. A. The person in charge of a facility within the Department of Mental Health and Substance Abuse Services shall discharge a patient or permit the patient to leave the facility as provided herein.

2. B. The person in charge shall discharge a patient:

   1. 1. Who is not dangerous to self or others; and
   2. 2. Who is capable of surviving safely in freedom alone or with the help of willing and responsible family members or friends; and
   3. 3. For whom a discharge plan has been developed pursuant to the provisions of Section 7-102 of this title.
3. C. The person in charge may grant a convalescent leave status to a patient in accordance with policies prescribed by the Commissioner. The facility granting a convalescent leave status to a patient has no responsibility in returning the patient to the facility should such become necessary. A convalescent leave may be granted rather than a discharge when the patient's complete recovery can be determined only by permitting the patient to leave the facility. The person in charge shall discharge a patient who has not returned to the facility within twelve (12) months from the time a convalescent leave was granted.
4. D. In accordance with policies prescribed by the Commissioner, a person in charge may transfer a patient to an outpatient or other nonhospital status when, in the opinion of the person in charge, such transfer will not be detrimental to the public welfare or injurious to the patient and the necessary treatment may be continued on that basis; provided however, that before transferring the patient, the person in charge shall ensure that appropriate financial resources and appropriate services are available to receive and care for such patient after such transfer.
5. E. A visiting status may be granted for a matter of a few hours or days to any patient considered by the person in charge suitable for such privileges.
6. F. The person in charge of the facility shall notify the court that committed the patient that the patient has been discharged. Such notification shall be within forty-eight (48) hours after the actual discharge.

7. G. The expense of returning a patient from convalescent leave, outpatient status or visiting status shall be that of:

   1. 1. The party removing the patient from the facility; or
   2. 2. The Department. When it becomes necessary for the patient to be returned from the county where the patient happens to be, the Department shall reimburse the county pursuant to the provisions of the State Travel Reimbursement Act.
8. H. In the event authorization is necessary to accomplish the return of the patient to the facility, such authority is hereby vested in the judge of the district court in the county where the patient is located. Upon receipt of notice that the patient needs to be returned to the facility, the judge shall cause the patient to be brought before the court by issuance of a citation directed to the patient to appear and show cause why the patient should not be returned to the facility. The judge shall, if clear and convincing evidence is presented by testimony under oath that the patient should be returned to the facility, enter an order returning the patient. If there is a lack of clear and convincing evidence showing the necessity of such return, the patient shall immediately be released. Law enforcement officers are authorized to take into custody, detain and transport a patient pursuant to a citation or an order of the judge of the district court.
9. I. An attending physician of any patient admitted to a private facility may discharge a patient or permit the patient to leave the facility subject to the same provisions applicable to the discharge or release of a patient by the person in charge of a state facility.

Laws 1953, p. 167, § 73, emerg. eff. June 3, 1953; Amended by Laws 1959, p. 189, § 5, emerg. eff. June 27, 1959; Amended by Laws 1965, c. 295, § 1, emerg. eff. June 24, 1965; Amended by Laws 1980, c. 227, § 1, eff. October 1, 1980; Amended by Laws 1986, c. 35, § 2, eff. November 1, 1986; Renumbered from § 73 by Laws 1986, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1989, c. 368, § 1, eff. November 1, 1989; Amended by Laws 2001, HB 1107, c. 186, § 16, eff. November 1, 2001 (superseded document available).