[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR35.4]



[Page 113]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 35_HOSPITAL AND STATION MANAGEMENT--Table of Contents

 

                            Subpart A_General

 

Sec. 35.4  Noncompliance; discharge or transfer.



    (a) If the officer in charge finds, upon investigation, that a 

patient other than a leprosy patient, by willful and persistent failure 

or refusal to comply with such rules, instructions, or regulations is 

seriously impeding the course of his own care and treatment, or that of 

other patients, he may (1) discharge the patient, or (2) if the patient 

is not a voluntary patient, arrange for his transfer to the custody of 

the authority responsible for his admission to the station or hospital. 

No patient shall be discharged or transferred on account of 

noncompliance if to do so would seriously endanger his life or health, 

nor shall any patient be discharged if his failure to comply is due, in 

the opinion of the officer in charge, to a mental disease or disorder.

    (b) If the discharge or transfer of a patient is likely to endanger 

the health of persons other than the patient or officers or employees of 

the station or hospital, the officer in charge shall give advance notice 

to appropriate State, county, or municipal authorities of the discharge 

or transfer.