HARRY HUGHES, Governor

387

(A)  IN GENERAL.

THE DIRECTOR MAY TRANSFER A MENTALLY RETARDED
INDIVIDUAL FROM A PUBLIC FACILITY TO ANOTHER PUBLIC FACILITY
OR, IF A PRIVATE FACILITY AGREES, TO THAT PRIVATE FACILITY,
IF THE DIRECTOR FINDS THAT:

(1)  THE MENTALLY RETARDED INDIVIDUAL EITHER CAN
RECEIVE BETTER TREATMENT IN OR WOULD BE MORE LIKELY TO
BENEFIT FROM TREATMENT AT THE OTHER FACILITY; OR

(2)  THE SAFETY OR WELFARE OF OTHER MENTALLY
RETARDED INDIVIDUALS WOULD BE FURTHERED.

(B)  RESIDENTS OF OTHER STATES.

THE DIRECTOR MAY TRANSFER ANY MENTALLY RETARDED
INDIVIDUAL WHO IS A RESIDENT OF ANOTHER STATE TO A FACILITY
IN THAT STATE IF THE DIRECTOR FINDS THAT THE TRANSFER IS
FEASIBLE.

(C)  VETERANS' ADMINISTRATION HOSPITALS.

(1)  THE DIRECTOR MAY TRANSFER A MENTALLY
RETARDED INDIVIDUAL TO A VETERANS' ADMINISTRATION HOSPITAL
IN THIS STATE, IF THE INDIVIDUAL IS ENTITLED TO BENEFITS IN
THAT HOSPITAL.

(2)  AFTER THE TRANSFER, THE CHIEF OFFICER OF THE
VETERANS' ADMINISTRATION HOSPITAL HAS ALL THE POWERS AND
RIGHTS OF THE ADMINISTRATION AS TO THAT INDIVIDUAL.

(D)  RECORD; NOTICE.

(1)  ANY FINDING THAT THE DIRECTOR MAKES UNDER
SUBSECTION (A) OR (B) OF THIS SECTION SHALL BE IN WRITING
AND FILED WITH THE RECORDS OF THE MENTALLY RETARDED
INDIVIDUAL INVOLVED.

(2)  A COPY OF THE FINDING AND THE NOTICE TO THE
FACILITY TO WHICH THE MENTALLY RETARDED INDIVIDUAL IS BEING
TRANSFERRED SHALL BE SENT TO THE PROPONENT OF ADMISSION,
GUARDIAN OF THE PERSON, OR NEXT OF KIN OF THE MENTALLY
RETARDED INDIVIDUAL.

(E)  TRANSPORTING.

A MENTALLY RETARDED INDIVIDUAL MAY NOT BE TRANSPORTED
TO OR FROM ANY RESIDENTIAL STATE FACILITY UNLESS ACCOMPANIED
BY:

(1) AN INDIVIDUAL WHO IS AUTHORIZED BY THE STATE
FACILITY AND IS OF THE SAME SEX; OR