TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5
Mental Health Law

SECTION 40.1-5-11


§ 40.1-5-11 Discharge – Recertification.

(a) The official in charge of any facility or his or her designated agent, on having his or her reasons noted on the patient's records, shall discharge any patient certified or admitted pursuant to the provisions of this chapter, when:

(1) Suitable alternatives to certification or admission are available;

(2) The patient is, in the judgment of the official, recovered;

(3) The patient is not recovered, but discharge, in the judgment of the official, will not create a likelihood of serious harm by reason of mental disability.

(b) When a patient discharge is requested and if the discharge is denied, the reasons therefor shall be stated, in writing, and noted in the patient's record and a copy thereof shall be given to the person applying for the release.

(c) At the expiration of the six (6) month period set forth in § 40.1-5-8(j), or any subsequent six (6) month period following recertification pursuant to this section, the patient shall be unconditionally released unless a recertification petition is filed by the official in charge of a facility or his or her designated agent within no less than fifteen (15) days and no more than thirty (30) days prior to the scheduled expiration date of a six (6) month period. A hearing must be held pursuant to the petition and a decision rendered before the expiration of the six (6) month period. A recertification hearing shall follow all of the procedures set forth in § 40.1-5-8 and recertification may be ordered only if the petitioner proves by clear and convincing evidence that the conduct and responses of the patient during the course of the previous six (6) month period indicate that the patient is presently in need of care and treatment in a facility; is one whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of mental disability; and that all alternatives to recertification have been investigated and deemed unsuitable.

History of Section.
(P.L. 1966, ch. 100, § 1; G.L. 1956, § 40-20-13; Reorg. Plan No. 1, 1970; G.L. 1956, § 40.1-5-13; P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 203, § 1.)