North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-03.1-34. Transfer of patients

1. The superintendent or director of a treatment facility may transfer, or authorize the transfer of, an involuntary patient from a hospital to another facility if the superintendent or director determines it would be consistent with the medical needs of the patient to do so. Due consideration must be given to the relationship of the patient to family, legal guardian, or friends, so as to maintain relationships and encourage visits beneficial to the patient. If a treatment facility licensed by any state for the care and treatment of persons who are mentally ill or individuals with a substance use disorder agrees with the patient or patient's guardian to accept the patient for treatment, the superintendent or director of the treatment facility shall release the patient to the other facility.

2. Upon receipt of notice from an agency of the United States that facilities are available for the care or treatment of any individual ordered hospitalized who is eligible for care or treatment in a treatment facility of that agency, the superintendent or director of the treatment facility may cause the individual's transfer to that agency of the United States for treatment. An individual may not be transferred to any agency of the United States if the individual is confined pursuant to conviction of any felony or misdemeanor or the individual has been acquitted of the charge solely on the ground of mental illness unless the court originally ordering confinement of the individual enters an order for transfer after appropriate motion and hearing. An individual transferred under this section to an agency of the United States is deemed committed to that agency under the original order of treatment.

3. A facility may not transfer a patient to another hospital or agency without first notifying the patient and the patient's legal guardian, spouse, or next of kin, if known, or a chosen friend of the patient and the court that ordered treatment. The patient must be given an opportunity to protest the transfer and to receive a hearing on the protest. The patient's objection to the transfer must be presented to the court where the facility is located or to a representative of the facility within seven days after the notice of transfer was received. If the objection is presented to a representative of the facility, the representative shall transmit the objection to the court. The court shall set a hearing date, which must be within fourteen days of the date of receipt of the objection. If an objection has not been filed or the patient consents to a transfer, the court may enter an ex parte order authorizing transfer.