Marvin Mandel, Governor                         971

(b)    Mentally retarded persons who are residents of other states
may be transferred to facilities in the states of their residence by the
Director when such transfers are feasible.

(c)    Any determination made by the Director or his designee pur-
suant to subsections (a) or (b) of this section shall be reduced to
writing and filed with the mentally retarded person's records. Such
determination together with notification of the facility to which the
mentally retarded person is being transferred, shall also be com-
municated to the person's proponent of admission, guardian or next
of kin.

(d)    Any mentally retarded person determined to be entitled
to hospitalization benefits in a Veterans' Administration Hospital
in the State may be transferred to such hospital by the Director. If
such transfer is affected, the chief officer of such hospital shall be
vested with all the powers and rights of the Administration with
respect to such person.

(e)    No female mentally retarded person may be transported to
or from any State residential facility unless she is accompanied by a
female authorized by the facility, or unless accompanied by her
father, husband, adult brother or adult son.

16.    Administrative release

(a)    At the direction of the Director or his designee any person
admitted pursuant to this article, may be released from any public
facility within the jurisdiction of the Administration, if, the person
is not mentally retarded; or if mentally retarded, is not, for the
protection of himself or others in need of in-residence care or treat-
ment. At the direction of the chief officer of a Veterans' Administra-
tion hospital, any person meeting the requirements of this subsection
may be released from such facility.

(b)    At the direction of the Director or his designee (or in the
case of a person in a Veterans' Administration hospital, at the direc-
tion of the chief officer of that hospital), any person admitted pur-
suant to this article, may be released on a conditional basis, if in
the judgment of such official:

(1)    The person, if released, would be properly cared for by
himself or other responsible persons; and

(2)    The person, if released, would not constitute a danger to him-
self or to the safety of the person or property of others.

Conditional releases may be on any basis as to duration, treat-
ment or care deemed reasonable by the official approving the release.
Conditional release also includes placement as defined in this ar-
ticle. A mentally retarded person released on a conditional basis
shall be deemed to be retained by the facility from which he was
released.

(c)    All determinations as to release, whether full or conditional,
including a summary of the reasons for such determination, shall be
made a permanent part of the records of that person.

17.    Mentally Retarded Persons' Records

Each facility which has any persons admitted under the provisions
of this subtitle, shall make and retain in a separate and secure area