Sec 36-502. Powers and duties of deputy director; rules for standards, forms, administration, admission and transfer; expenditure limitation  


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  • A. The deputy director, with the approval of the director, shall make rules including standards for agencies providing services, and prescribing forms as may be necessary, for the proper administration and enforcement of this chapter. The rules shall be applicable to patients admitted to or treated in agencies as set forth in this chapter and shall provide for periodic inspections of such agencies.

    B. The deputy director, with the approval of the director, shall make rules concerning admission of patients and the transfer of patients between mental health treatment agencies. A patient undergoing court-ordered treatment may be transferred from one mental health treatment agency to another in accordance with the rules of the deputy director, subject to the approval of the court.

    C. The deputy director, with the approval of the director, may make rules concerning leaves, visits and absences of patients from evaluation agencies and mental health treatment agencies.

    D. The total amount of state monies that may be spent in any fiscal year by the department for mental health services pursuant to this chapter shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

(L95, Ch. 196, sec. 28. Eff. until 7/1/16)