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§ 303.7 Rights of relative who has incurred expense for deceased.

Where the amount due is less than $100, and it appears that some particular relative of deceased has incurred expense in providing him with clothing, luxuries, etc., during his residence in the hospital, the amount of such expenditure, when proved to the satisfaction of the superintendent, will be repaid to such relative, notwithstanding he may not be the legal or sole heir of deceased: Provided, That the heirs shall consent thereto.

§ 303.8 Recognition of an administrator.

In all cases where an administrator has been actually appointed, irrespective of the amount due deceased, payment shall be made to such administrator: Provided, That where it appears that such a payment would work hardship upon any near relative of the deceased, and the administrator was appointed in some jurisdiction outside of the District of Columbia, the superintendent may require ancillary letters of administration to be taken out in said District before making payment; or he may, in his discretion, make payment to such other person, having an interest in the estate of the deceased, as may be appointed administrator in said District, notwithstanding some other person may have previously been appointed in some other Jurisdiction.

§ 303.9 Application of the statute of distributions of the District of Columbia.

For the purpose of determining the legal heirs of deceased, where the amount is less than $100 and no administrator has been appointed, the deceased shall be considered a resident of the District of Columbia, and payment shall be made according to the statute of distributions of said District (subchapter 8, chapter 5 of the Code of Laws for the District of Columbia), except as provided in § 303.7; and excepting that payment may be made to the heirs direct, the appointment of an administrator not being necessary.

PART 304-VOLUNTARY PATIENTS Sec.

804.1 Admission; application, examination. 304.2 Admission; determination of admissibility, notice, certificate of reimbursement.

Sec. 304.3

304.4

Release and unauthorized absence; temporary release, permanent release, unauthorized absence. Discharge.

304.5 Change of patients' status; reports. AUTHORITY: The provisions of this Part 304 issued under 62 Stat. 572.

SOURCE: The provisions of this Part 304 appear at 13 F.R. 4819, Aug. 20, 1948, unless otherwise noted.

§ 304.1 Admission; application, examination.

(a) Any person making application, or on whose behalf application is made, for admission to the Hospital as a voluntary patient shall be examined by a Clinical Director or any other physician of the Hospital specially designated by the Superintendent to perform the examination. All applications shall be in writing and on a form prescribed by the Superintendent.

(b) The examining physician shall attach to the application a statement of his opinion of the need of the person examined for mental care and treatment in a mental hospital. When the application is made by a person on his own behalf, the examining physician shall also state whether in his judgment the applicant is mentally competent to make application for admission. § 304.2

Admission; determination of admissibility, notice, certificate of reimbursement.

(a) Upon receipt of the application, the Superintendent shall determine whether the person involved may be admitted as a voluntary patient and promptly notify the applicant what disposition has been made of the application. In making his determination the Superintendent may require such further examinations to be made as he may consider necessary.

(b) No person, although otherwise admissible, shall be admitted as a voluntary patient unless the Department of Public Health of the District of Columbia shall have certified to the Superintendent that it will reimburse the Hospital the cost of caring for the person involved.

§ 304.3 Release and unauthorized absence; temporary release, permanent release, unauthorized absence. (a) A voluntary patient may leave the Hospital in trial visit status for a period

not exceeding six months upon approval of the Superintendent and may be permitted to return as a voluntary patient within that period on the basis of the original certification.

(b) Requests for release of a voluntary patient, whether made by the patient or by another person on his behalf, shall be in writing and on a form prescribed by the Superintendent. Requests for release of a voluntary patient may be withdrawn in writing and on a form prescribed by the Superintendent. Receipt of notice of withdrawal shall nullify any previously received request for release.

(c) Physicians and nurses of the Hospital shall assist voluntary patients in the preparation of requests for release or withdrawals of such requests and shall transmit them to the Superintendent without delay.

(d) In the discretion of the Superintendent, a voluntary patient who leaves the Hospital without permission or who, having been permitted to leave temporarily, fails to return within the time required may (1) be readmitted or (2) be refused readmission and given an opportunity to reapply for admission as an original applicant.

[13 F.R. 4819, Aug. 20, 1948, as amended at 23 F.R. 5274, July 1, 1958]

§ 304.4 Discharge.

A voluntary patient who is found by the Superintendent no longer to be in need of treatment or care in a mental hospital, or with respect to whom the certificate of the Department of Public Health has been revoked, shall be discharged forthwith. The Superintendent may also discharge any voluntary patient who by his persistent failure or refusal to comply with the rules or regulations of the Hospital seriously impedes his own care or treatment or that of other patients.

§ 304.5 Change of patients' status; reports.

The Department of Public Health of the District of Columbia shall be notified promptly of the unauthorized absence of a voluntary patient or of any change in

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An autopsy may be performed on the body of a deceased patient by direction of the superintendent of the Hospital or of an officer or employee of the Hospital designated by him where consented to in writing (a) by the surviving spouse of the decedent; or, if none such, (b) by the next of kin in the order of their relation: Provided, That where consent is granted by a member of a class of relatives consisting of more than one person, the consent of all members of such class shall be obtained. Documents embodying consent shall be made a part of the clinical record.

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FINDING AIDS

A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.

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