65-3101. Text of mental health compact.
65-3101
65-3101. Text of mental health compact.The interstate compact on mental health is hereby enacted into law andentered into by this state with all other states legally joining therein inthe form substantially as follows:
The contracting states solemnly agree that:
The party states find that the proper and expeditious treatment of thementally ill and mentally deficient can be facilitated by cooperativeaction, to the benefit of the patients, their families, and society as awhole. Further, the party states find that the necessity of anddesirability for furnishing such care and treatment bears no primaryrelation to the residence or citizenship of the patient but that, on thecontrary, the controlling factors of community safety and humanitarianismrequire that facilities and services be made available for all who are inneed of them. Consequently, it is the purpose of this compact and of theparty states to provide the necessary legal basis for theinstitutionalization or other appropriate care and treatment of thementally ill and mentally deficient under a system that recognizes theparamount importance of patient welfare and to establish theresponsibilities of the party states in terms of such welfare.
As used in this compact:
(a) "Sending state" shall mean a party state from which a patient istransported pursuant to the provisions of the compact or from which it iscontemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which a patient istransported pursuant to the provisions of the compact or to which it iscontemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facility maintainedby a party state or political subdivision thereof for the care andtreatment of mental illness or mental deficiency.
(d) "Patient" shall mean any person subject to or eligible as determinedby the laws of the sending state, for institutionalization or other care,treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and services provided apatient, as defined herein, on convalescent status or conditional release.
(f) "Mental illness" shall mean mental disease to such extent that aperson so afflicted requires care and treatment for his own welfare, or thewelfare of others, or of the community.
(g) "Mental deficiency" shall mean mental deficiency as defined byappropriate clinic authorities to such extent that a person so afflicted isincapable of managing himself and his affairs, but shall not include mentalillness as defined herein.
(h) "State" shall mean any state, territory or possession of the UnitedStates, the District of Columbia, and the Commonwealth of Puerto Rico.
(a) Whenever a person physically present in any party state shall be inneed of institutionalization by reason of mental illness or mentaldeficiency, he shall be eligible for care and treatment in an institutionin that state irrespective of his residence, settlement or citizenshipqualifications.
(b) The provisions of paragraph (a) of this article to the contrarynotwithstanding, any patient may be transferred to an institution inanother state whenever there are factors based upon clinicaldeterminations indicating that the care and treatment of said patient wouldbe facilitated or improved thereby. Any such institutionalization may befor the entire period of care and treatment or for any portion or portionsthereof. The factors referred to in this paragraph shall include thepatient's full record with due regard for the location of the patient'sfamily, character of the illness and probable duration thereof, and suchother factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to theprovisions of paragraph (b) of this article unless the sending state hasgiven advance notice of its intention to send the patient; furnished allavailable medical and other pertinent records concerning the patient; giventhe qualified medical or other appropriate clinical authorities of thereceiving state an opportunity to examine the patient if said authoritiesso wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a systemof priorities for the admission of patients, an interstate patient underthis compact shall receive the same priority as a local patient and shallbe taken in the same order and at the same time that he would be taken ifhe were a local patient.
(e) Pursuant to this compact, the determination as to the suitable placeof institutionalization for a patient may be reviewed at any time and suchfurther transfer of the patient may be made as seems likely to be in thebest interest of the patient.
(a) Whenever, pursuant to the laws of the state in which a patient isphysically present, it shall be determined that the patient should receiveaftercare or supervision, such care or supervision may be provided in areceiving state. If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in thesending state shall have reason to believe that aftercare in another statewould be in the best interest of the patient and would not jeopardize thepublic safety, they shall request the appropriate authorities in thereceiving state to investigate the desirability of affording the patientsuch aftercare in said receiving state, and such investigation shall bemade with all reasonable speed. The request for investigation shall beaccompanied by complete information concerning the patient's intended placeof residence and the identity of the person in whose charge it is proposedto place the patient, the complete medical history of the patient, and suchother documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities havingresponsibility for the care and treatment of the patient in the sendingstate and the appropriate authorities in the receiving state find that thebest interest of the patient would be served thereby, and if the publicsafety would not be jeopardized thereby, the patient may receive aftercareor supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercarepursuant to the terms of this article, a receiving state shall employ thesame standards of visitation, examination, care, and treatment that itemploys for similar local patients.
Whenever a dangerous or potentially dangerous patient escapes from aninstitution in any party state, that state shall promptly notify allappropriate authorities within and without the jurisdiction of the escapein a manner reasonably calculated to facilitate the speedy apprehension ofthe escapee. Immediately upon the apprehension and identification of anysuch dangerous or potentially dangerous patient, he shall be detained inthe state where found pending disposition in accordance with law.
The duly accredited officers of any state party to this compact, uponthe establishment of their authority and the identity of the patient, shallbe permitted to transport any patient being moved pursuant to this compactthrough any and all states party to this compact, without interference.
(a) No person shall be deemed a patient of more than one institution atany given time. Completion of transfer of any patient to an institution ina receiving state shall have the effect of making the person a patient ofthe institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to thetransportation of any patient pursuant to this compact, but any two or moreparty states may, by making a specific agreement for that purpose, arrangefor a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affectany internal relationships among the departments, agencies and officers ofand in the government of a party state, or between a party state and itssubdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any partystate or subdivision thereof from asserting any right against any person,agency or other entity in regard to costs for which such party state orsubdivision thereof may be responsible pursuant to any provision of thiscompact.
(e) Nothing in this compact shall be construed to invalidate anyreciprocal agreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of the mentally ill or mentallydeficient, or any statutory authority pursuant to which such agreements maybe made.
(a) Nothing in this compact shall be construed to abridge, diminish, orin any way impair the rights, duties, and responsibilities of any patient'sguardian on his own behalf or in respect of any patient for whom he mayserve, except that where the transfer of any patient to anotherjurisdiction makes advisable the appointment of a supplemental orsubstitute guardian, any court of competent jurisdiction in the receivingstate may make such supplemental or substitute appointment and the courtwhich appointed the previous guardian shall upon being duly advised of thenew appointment, and upon the satisfactory completion of such accountingand other acts as such court may by law require, relieve the previousguardian of power and responsibility to whatever extent shall beappropriate in the circumstances: Provided, however, That in the caseof any patient having settlement in the sending state, the court ofcompetent jurisdiction in the sending state shall have the sole discretionto relieve a guardian appointed by it or continue his power andresponsibility, whichever it shall deem advisable. The court in thereceiving state may, in its discretion, confirm or reappoint the person orpersons previously serving as guardian in the sending state in lieu ofmaking a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this article shallinclude any guardian, trustee, legal committee, conservator, or otherperson or agency however denominated who is charged by law with power toact for or responsibility for the person or property of a patient.
(a) No provision of this compact except article V shall apply to anyperson institutionalized while under sentence in a penal or correctionalinstitution or while subject to trial on a criminal charge, or whoseinstitutionalization is due to the commission of an offense for which, inthe absence of mental illness or mental deficiency, said person would besubject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party tothis compact that no patient shall be placed or detained in any prison,jail or lockup, but such patient shall, with all expedition, be taken to asuitable institutional facility for mental illness or mental deficiency.
(a) Each party state shall appoint a "compact administrator" who, onbehalf of his state, shall act as general coordinator of activities underthe compact in his state and who shall receive copies of all reports,correspondence, and other documents relating to any patient processed underthe compact by his state either in the capacity of sending or receivingstate. The compact administrator or his duly designated representativeshall be the official with whom other party states shall deal in any matterrelating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall havepower to promulgate reasonable rules and regulations to carry out moreeffectively the terms and provisions of this compact.
The duly constituted administrative authorities of any two or more partystates may enter into supplementary agreements for the provision of anyservice or facility or for the maintenance of any institution on a joint orcooperative basis whenever the states concerned shall find that suchagreements will improve services, facilities, or institutional care andtreatment in the fields of mental illness or mental deficiency. No suchsupplementary agreement shall be construed so as to relieve any party stateof any obligation which it otherwise would have under other provisions ofthis compact.
This compact shall enter into full force and effect as to any state whenenacted by it into law and such state shall thereafter be a party theretowith any and all states legally joining therein.
(a) A state party to this compact may withdraw therefrom by enacting astatute repealing the same. Such withdrawal shall take effect one yearafter notice thereof has been communicated officially and in writing to thegovernors and compact administrators of all other party states. However,the withdrawal of any state shall not change the status of any patient whohas been sent to said state or sent out of said state pursuant to theprovisions of the compact.
(b) Withdrawal from any agreement permitted by article VII (b) as tocosts or from any supplementary agreement made pursuant to article XI shallbe in accordance with the terms of such agreement.
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States orthe applicability thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstancesshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state party thereto, the compact shall remain infull force and effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
History: L. 1967, ch. 479, § 1; July 1.