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U.S. Code as of:
01/19/04
Section 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.
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