P-38.001 - Act respecting the protection of persons whose mental state presents a danger to themselves or to others

Section 11 Disposition versions

1998-06-01

11. A person under confinement may, at his request, be transferred to another institution, if the organization and resources of that institution permit of such a transfer. Subject to the same condition, the attending physician may transfer the person to another institution which he considers better able to meet the person’s needs. In the latter case, the physician must obtain the consent of the person concerned, unless the transfer is necessary to ensure the person’s safety or that of other persons. The physician’s decision in that respect must contain reasons and be filed in the person’s record.

No transfer may take place unless the attending physician attests, by way of a certificate containing reasons, that in his opinion such a measure does not present any serious and immediate risks for the person or for others.

Following a transfer, confinement continues in the new institution and a copy of the record of the person under confinement shall be forwarded to that institution.

1997, c. 75, s. 11.