Transfer by the Department

(a) The Department shall initiate the transfer or discharge of a resident in any of the following situations: (1) When the resident's health care needs are not being met according to a licensed medical authority. (2) When the transfer or discharge is necessary for the physical safety of other residents as observed or as documented in the records. (3) When it is determined that a resident's rights have been violated or the resident has been unduly taken advantage of in fiscal matters, or has been physically, mentally, or sexually abused. (b) The resident's wishes, in all situations, will be given careful consideration in determining whether or not the health or safety aspects involved outweigh the trauma of a resident being transferred or discharged. SUBCHAPTER 19. RESIDENTS RIGHTS AND RESPONSIBILITIES