Report No. 201
7. Restricting transfer till person is stabilized.-
Where a person referred to in section 3, requests for transfer but is in an emergency medical condition which has not stabilized, the hospital or the medical practitioner, as the case may be, shall not transfer the person if facilities for stabilization are available, unless
(i) the person, upon being informed of the obligations of the duty doctor or of the medical practitioner as stated in section 3 and of the risk of transfer, requests for transfer in writing without stabilization, to another medical facility, or
(ii) the duty doctor in the hospital or the medical practitioner, as the case may be, has signed a certificate that, based upon information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate emergency medical treatment hospital or with another medical practitioner outweigh the increased risks to the person and in the case of a pregnant woman under labour, to the unborn child, of the effects of transfer, and
(2) the transfer is an appropriate transfer as stated in subsection (8).