(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted
to alternative treatment or care and custody under Article VIII of this Chapter
may at any time petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to the care and
custody of a different person. His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf. If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody. Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities. Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities. Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may be ordered
under this Section. An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient.
(Source: P.A. 97-130, eff. 7-14-11.)
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