                                 CODE OF VIRGINIA

TRANSFER OF INDIVIDUALS RECEIVING SERVICES (§ 37.2-840)

A. The Commissioner may order the transfer of an individual receiving services
from one state hospital to another or from one training center to another. When
so transferred, in accordance with appropriate admission, certification, or
involuntary admission criteria as provided in this chapter, the individual is
hereby declared to be lawfully admitted to the state facility to which he is
transferred.

B. If the guardian, conservator, or relative of an individual receiving services
in a licensed hospital refuses or is otherwise unable to provide properly for
his care and treatment, the person in charge of the licensed hospital may:

   1. Apply to the Commissioner for the transfer of the individual to a state
   hospital, or

   2. Apply to the Director of the United States Veterans Affairs Medical Center
   for the transfer of the individual to the center.
   				Upon the transfer, the state hospital or Veterans Affairs Medical Center
   may admit the individual under the authority of the admission or order
   applicable to the licensed hospital from which the individual was transferred.
   The transfer shall not alter any right of an individual under the provisions
   of Chapter 8 (&#xA7; 37.2-800 et seq.) of Title 37.2 nor shall the transfer
   divest a judge or special justice before whom a hearing or request therefor is
   pending of jurisdiction to conduct a hearing. Prior to accepting the transfer
   of any individual from a licensed hospital, the Commissioner shall receive
   from that hospital a report that indicates that the individual is in need of
   further hospitalization. Upon admission of an individual to a state hospital
   pursuant to this section, the director of the state hospital shall notify the
   community services board or behavioral health authority that serves the city
   or county where the admitted individual resides of the individual&#8217;s name
   and local address and of the location of the state hospital to which the
   individual has been admitted, provided that the individual or his guardian has
   authorized the release of the information.

C. Whenever an individual is admitted by a state hospital or training center,
the Commissioner, upon a recommendation by the community services board or
behavioral health authority serving the individual&#8217;s county or city of
residence prior to his admission to the hospital or training center, may order
the transfer of the individual to any other hospital, training center, or
Veterans Affairs hospital, center, or other facility or installation. Such other
hospital, training center, or Veterans Affairs hospital, center, or other
facility or installation may admit the individual under the authority of the
admission or order applicable to the hospital or training center from which the
individual was transferred. The transfer shall not alter any right of the
individual under the provisions of this chapter nor shall the transfer divest a
judge or special justice before whom a hearing or request therefor is pending of
jurisdiction to conduct such hearing.

HISTORY: Code 1950, §§ 37-7, 37-126.1; 1950, pp. 900, 918; 1968, c. 477, §§
37.1-48, 37.1-86, 37.1-99; 1970, c. 673, § 37.1-78.1; 1976, c. 671; 1980, cc.
582, 583; 1984, c. 174; 1986, c. 349; 2005, c. 716; 2012, cc. 476, 507.