§ 43A-8-106. Responsibilities of attending physician - Discharge or grant of leave.

A.  The responsibility for prescribing the treatment of any consumer admitted either voluntarily or by commitment, and for determining the eligibility of the consumer for discharge, shall be that of the attending physician.

1.  In the event the petitioner, relative, or guardian wishes to change the attending physician, a written statement releasing the attending physician of record and naming a new qualified attending physician must be submitted to the court, accompanied by a written statement from the new attending physician agreeing to assume the responsibilities provided by law.

2.  In the event the attending physician wishes to withdraw from the case, the physician shall notify the court and the petitioner, relative, or guardian in writing.  The petitioner, relative, or guardian shall immediately appoint a new attending physician in the manner set forth above.

3.  In the event the petitioner, relative, or guardian does not appoint a new attending physician within a reasonable length of time, then a new attending physician will be appointed by the judge of the committing court.  The new attending physician must be a qualified staff member of the private hospital or institution wherein the consumer is hospitalized, and must file a written statement with the committing court agreeing to assume the responsibilities provided by law.

B.  The attending physician may discharge a consumer or grant leave to a consumer only as provided in this act.  The attending physician may discharge a consumer at any time as follows:

1.  A consumer who, in the judgment of the attending physician, is recovered; and

2.  A consumer who is not recovered but, in the judgment of the attending physician, will not benefit by further treatment in a private hospital or facility.

C.  A visiting or convalescent leave status may be granted a consumer for a period not exceeding six (6) months to any consumer upon authorization of the attending physician.

1.  Neither the attending physician, the private hospital or facility shall be responsible for the consumer or any act of the consumer, while on visiting or convalescent leave status.

2.  If at the end of the six (6) months period the consumer has not returned as an inpatient to the private hospital or facility for further treatment, the consumer shall be automatically discharged from the books of such private hospital or facility.

3.  The committing court shall be notified by a written sealed communication of the discharge.

Added by Laws 1957, p. 419, § 6, emerg. eff. June 5, 1957.  Renumbered from § 186 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2005, c. 150, § 66, emerg. eff. May 9, 2005.