§ 7301. Creation The State Board of Mental Health is created. It shall consist of seven persons, two of whom are physicians and one an attorney. A member may not be a trustee, officer, or employee of any institution for mental patients. Biennially the Governor shall appoint, with the advice and consent of the senate, […]
§ 7302. Subcommittee on institutions The Board may delegate to a subcommittee on institutions, composed of two doctors and a lawyer, its functions under sections 7305, 7306, and 7308-7313 of this title; and the action of a majority of the subcommittee shall be that of the Board. (Added 1967, No. 305 (Adj. Sess.), § 1, […]
§ 7304. Persons not hospitalized The Board shall have general jurisdiction of persons with an intellectual disability or mental illness who have been discharged from a hospital by authority of the Board. It shall also have jurisdiction of persons with a mental illness or intellectual disability of the State not hospitalized, so far as concerns […]
§ 7305. Powers of Board The Board may administer oaths, summon witnesses before it in a case under investigation, and discharge by its order, in writing, any person confined as a patient in a hospital whom it finds on investigation to be wrongfully hospitalized or in a condition to warrant discharge. The Board shall discharge […]
§ 7309. Referrals from Governor The Governor may refer the case of a patient in a hospital to the Board for its investigation. The Board shall investigate the case and by its order grant such relief as each case requires. If the Board is without power to grant the necessary relief it shall cause proceedings […]
§ 7310. Petition for inquiry The attorney or guardian of a patient or any other interested party may apply to the Board to inquire into the treatment and hospitalization of a patient, and the Board shall take appropriate action upon the application. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 7311. Investigation If, in the judgment of the Board, an investigation is necessary, it shall appoint a time and place for hearing and give the patient’s attorney, guardian, spouse, parent, adult child, or interested party, if any, in that order, and the head of the hospital reasonable notice thereof. At the time appointed, it […]
§ 7312. Penalty; failure to obey summons A person legally summoned as a witness before the Board on behalf of the State, or summoned by other parties with a tender of his or her fees, which shall be the same as those allowed witnesses in a Criminal Division of the Superior Court, who willfully and […]
§ 7313. Board shall visit institution The Board shall ascertain by examination and inquiry whether the laws relating to individuals in custody or control are properly observed and may use all necessary means to collect all desired information. It shall carefully inspect every part of the hospital or training school visited with reference to its […]
§ 7314. Reciprocal agreements The Board may enter into reciprocal agreements with corresponding state agencies of other states regarding the interstate transportation or transfer of persons with a psychiatric or intellectual disability and arrange with the proper officials in this State for the acceptance, transfer, and support of residents of this State who are temporarily […]
§ 7315. Definition As used in this chapter, the term “hospital” shall include a secure residential recovery facility as defined in subsection 7620(e) of this title. (Added 2011, No. 160 (Adj. Sess.), § 1, eff. May 17, 2012.)
