§ 326. — Release of patient.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC326]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 9--HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
FOREIGN COUNTRIES
Sec. 326. Release of patient
(a) Request; determination of right to retain; retention after request
If a person who is a patient hospitalized under section 322 or 324
of this title, or his legal guardian, spouse, or adult next of kin,
requests the release of such patient, the right of the Secretary, or the
head of the hospital, to detain him for care and treatment shall be
determined in accordance with such laws governing the detention, for
care and treatment, of persons alleged to be mentally ill as may be in
force and applicable generally in the State in which such hospital is
located, but in no event shall the patient be detained more than forty-
eight hours (excluding any period of time falling on a Sunday or legal
holiday) after the receipt of such request unless within such time (1)
judicial proceedings for such hospitalization are commenced or (2) a
judicial extension of such time is obtained, for a period of not more
than five days, for the commencement of such proceedings.
(b) Transfer to another hospital
The Secretary is authorized at any time, when he deems it to be in
the interest of the person or of the institution affected, to transfer
any person hospitalized under section 324 of this title from one
hospital to another, and to that end any judicial commitment of any
person so hospitalized may be to the Secretary.
(Pub. L. 86-571, Sec. 6, July 5, 1960, 74 Stat. 309.)
