(a) The department of health, acting through the board for licensing health care facilities created in § 68-11-203, shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide standards governing the transfer of hospital inpatients. The rules shall provide that inpatient transfers between hospitals shall be accomplished in a medically reasonable manner by providing for:
(1) The transfer of patients requiring emergency services who have sustained an injury or who are suffering from an acute medical condition where the injury or condition is liable to cause death, severe injury, or severe illness, as determined by a physician, only after having complied with the requirements of chapter 140, part 3 of this title;
(2) The use of medically reasonable life support measures to stabilize the patient prior to transfer and to sustain the patient during the transfer, as determined by a physician;
(3) The transfer of any necessary records for continuing the care for the patient;
(4) The prohibition of discrimination against patients based on race, religion or national origin; and
(5) The date by which each hospital must adopt policies in accordance with these rules.
(b) Each hospital shall adopt policies relating to inpatient transfers that are consistent with the rules adopted by the board.
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