62A-15-801 - Interstate compact on mental health -- Compact provisions.
62A-15-801. Interstate compact on mental health -- Compact provisions.
The Interstate Compact on Mental Health is hereby enacted and entered into with all otherjurisdictions that legally join in the compact, which is, in form, substantially as follows:
The proper and expeditious treatment of the mentally ill can be facilitated by cooperativeaction, to the benefit of the patients, their families, and society as a whole. Further, the partystates find that the necessity of and desirability of furnishing that care and treatment bears noprimary relation to the residence or citizenship of the patient but that the controlling factors ofcommunity safety and humanitarianism require that facilities and services be made available forall who are in need of them. Consequently, it is the purpose of this compact and of the partystates to provide the necessary legal and constitutional basis for commitment or other appropriatecare and treatment of the mentally ill under a system that recognizes the paramount importance ofpatient welfare and to establish the responsibilities of the party states.
The appropriate authority in this state for making determinations under this compact is thedirector of the division or his designee.
As used in this compact:
(1) "After-care" means care, treatment, and services provided to a patient on convalescentstatus or conditional release.
(2) "Institution" means any hospital, program, or facility maintained by a party state orpolitical subdivision for the care and treatment of persons with a mental illness.
(3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic andStatistical Manual of Mental Disorders, that substantially impairs a person's mental, emotional,behavioral, or related functioning to such an extent that he requires care and treatment for his ownwelfare, the welfare of others, or the community.
(4) "Patient" means any person subject to or eligible, as determined by the laws of thesending state, for institutionalization or other care, treatment, or supervision pursuant to theprovisions of this compact and constitutional due process requirements.
(5) "Receiving state" means a party state to which a patient is transported pursuant to theprovisions of the compact or to which it is contemplated that a patient may be sent.
(6) "Sending state" means a party state from which a patient is transported pursuant to theprovisions of the compact or from which it is contemplated that a patient may be sent.
(7) "State" means any state, territory, or possession of the United States, the District ofColumbia, and the Commonwealth of Puerto Rico.
(1) Whenever a person physically present in any party state is in need ofinstitutionalization because of mental illness, he shall be eligible for care and treatment in aninstitution in that state, regardless of his residence, settlement, or citizenship qualifications.
(2) Notwithstanding the provisions of Subsection (1) of this article, any patient may betransferred to an institution in another state whenever there are factors, based upon clinicaldeterminations, indicating that the care and treatment of that patient would be facilitated orimproved by that action. Any such institutionalization may be for the entire period of care andtreatment or for any portion or portions thereof. The factors to be considered include the patient's
full record with due regard for the location of the patient's family, the character of his illness andits probable duration, and other factors considered appropriate by authorities in the party state andthe director of the division, or his designee.
(3) No state is obliged to receive any patient pursuant to the provisions of Subsection (2)of this article unless the sending state has:
(a) given advance notice of its intent to send the patient;
(b) furnished all available medical and other pertinent records concerning the patient;
(c) given the qualified medical or other appropriate clinical authorities of the receivingstate an opportunity to examine the patient; and
(d) determined that the receiving state agrees to accept the patient.
(4) In the event that the laws of the receiving state establish a system of priorities for theadmission of patients, an interstate patient under this compact shall receive the same priority as alocal patient and shall be taken in the same order and at the same time that he would be taken ifhe were a local patient.
(5) Pursuant to this compact, the determination as to the suitable place ofinstitutionalization for a patient may be reviewed at any time and further transfer of the patientmay be made as is deemed to be in the best interest of the patient, as determined by appropriateauthorities in the receiving and sending states.
(1) Whenever, pursuant to the laws of the state in which a patient is physically present, itis determined that the patient should receive after-care or supervision, that care or supervisionmay be provided in the receiving state. If the medical or other appropriate clinical authoritieswho have responsibility for the care and treatment of the patient in the sending state believe thatafter-care in another state would be in the best interest of the patient and would not jeopardize thepublic safety, they shall request the appropriate authorities in the receiving state to investigate thedesirability of providing the patient with after-care in the receiving state. That request forinvestigation shall be accompanied by complete information concerning the patient's intendedplace of residence and the identity of the person in whose charge the patient would be placed, thecomplete medical history of the patient, and other pertinent documents.
(2) If the medical or other appropriate clinical authorities who have responsibility for thecare and treatment of the patient in the sending state, and the appropriate authorities in thereceiving state find that the best interest of the patient would be served, and if the public safetywould not be jeopardized, the patient may receive after-care or supervision in the receiving state.
(3) In supervising, treating, or caring for a patient on after-care pursuant to the terms ofthis article, a receiving state shall employ the same standards of visitation, examination, care, andtreatment as for similar local patients.
Whenever a dangerous or potentially dangerous patient escapes from an institution in anyparty state, that state shall promptly notify all appropriate authorities both within and without thejurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehensionof the escapee. Immediately upon the apprehension and identification of that patient, he shall bedetained in the state where found, pending disposition in accordance with the laws of that state.
Accredited officers of any party state, upon the establishment of their authority and theidentity of the patient, shall be permitted to transport any patient being moved pursuant to this
compact through any and all states party to this compact, without interference.
(1) No person may be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state has the effect of makingthe person a patient of the institution in the receiving state.
(2) The sending state shall pay all costs of and incidental to the transportation of anypatient pursuant to this compact, but any two or more party states may, by making a specificagreement for that purpose, arrange for a different allocation of costs among themselves.
(3) No provision of this compact may be construed to alter or affect any internalrelationships among the departments, agencies, and officers of a party state, or between a partystate and its subdivisions, as to the payment of costs or responsibilities.
(4) Nothing in this compact may be construed to prevent any party state or any of itssubdivisions from asserting any right against any person, agency, or other entity with regard tocosts for which that party state or its subdivision may be responsible under this compact.
(5) Nothing in this compact may be construed to invalidate any reciprocal agreementbetween a party state and a nonparty state relating to institutionalization, care, or treatment of thementally ill, or any statutory authority under which those agreements are made.
(1) Nothing in this compact may be construed to abridge, diminish, or in any way impairthe rights, duties, and responsibilities of any patient's guardian on his own behalf or with respectto any patient for whom he serves, except that when the transfer of a patient to anotherjurisdiction makes advisable the appointment of a supplemental or substitute guardian, a court ofcompetent jurisdiction in the receiving state may make supplemental or substitute appointments. In that case, the court that appointed the previous guardian shall, upon being advised of the newappointment and upon the satisfactory completion of accounting and other acts as the court mayrequire, relieve the previous guardian of power and responsibility to whatever extent isappropriate in the circumstances.
However, in the case of any patient having settlement in the sending state, a court ofcompetent jurisdiction in the sending state has the sole discretion to relieve a guardian appointedby it or to continue his power and responsibility, as it deems advisable. The court in the receivingstate may, in its discretion, confirm or reappoint the person or persons previously serving asguardian in the sending state in lieu of making a supplemental or substitute appointment.
(2) The term "guardian" as used in Subsection (1) of this article includes any guardian,trustee, legal committee, conservator, or other person or agency however denominated, who ischarged by law with power to act for the person or property of a patient.
(1) No provision of this compact except Article V applies to any person institutionalizedwhile under sentence in a penal or correctional institution, while subject to trial on a criminalcharge, or whose institutionalization is due to the commission of an offense for which, in theabsence of mental illness, he would be subject to incarceration in a penal or correctionalinstitution.
(2) To every extent possible, it shall be the policy of party states that no patient be placedor detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a suitableinstitutional facility for mental illness.
(1) Each party state shall appoint a "compact administrator" who, on behalf of his state,shall act as general coordinator of activities under the compact in his state and receive copies ofall reports, correspondence, and other documents relating to any patient processed under thecompact by his state, either in the capacity of sending or receiving state. The compactadministrator, or his designee, shall deal with all matters relating to the compact and patientsprocessed under the compact. In this state the director of the division, or his designee shall act asthe "compact administrator."
(2) The compact administrators of the respective party states have power to promulgatereasonable rules and regulations as are necessary to carry out the terms and provisions of thiscompact. In this state, the division has authority to establish those rules in accordance with theUtah Administrative Rulemaking Act.
(3) The compact administrator shall cooperate with all governmental departments,agencies, and officers in this state and its subdivisions in facilitating the proper administration ofthe compact and any supplementary agreement or agreements entered into by this state under thecompact.
(4) The compact administrator is hereby authorized and empowered to enter intosupplementary agreements with appropriate officials of other states pursuant to Articles VII andXI of this compact. In the event that supplementary agreements require or contemplate the use ofany institution or facility of this state or require or contemplate the provision of any service bythis state, that agreement shall have no force unless approved by the director of the department oragency under whose jurisdiction the institution or facility is operated, or whose department oragency will be charged with the rendering of services.
(5) The compact administrator may make or arrange for any payments necessary todischarge financial obligations imposed upon this state by the compact or by any supplementaryagreement entered into under the compact.
Administrative authorities of any two or more party states may enter into supplementaryagreements for the provision of any service or facility, or for the maintenance of any institution ona joint or cooperative basis whenever the states concerned find that those agreements will improveservices, facilities, or institutional care and treatment of persons who are mentally ill. Asupplementary agreement may not be construed to relieve a party state of any obligation that itotherwise would have under other provisions of this compact.
This compact has full force and effect in any state when it is enacted into law in that state. Thereafter, that state is a party to the compact with any and all states that have legally joined.
A party state may withdraw from the compact by enacting a statute repealing the compact. Withdrawal takes effect one year after notice has been communicated officially and in writing tothe compact administrators of all other party states. However, the withdrawal of a state does notchange the status of any patient who has been sent to that state or sent out of that state pursuant tothe compact.
This compact shall be liberally construed so as to effectuate its purposes. The provisionsof this compact are severable, and if any phrase, clause, sentence or provision is declared to becontrary to the constitution of the United States or the applicability to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of this compact and itsapplicability to any government, agency, person, or circumstance shall not be affected thereby. Ifthis compact is held to be contrary to the constitution of any party state the compact shall remainin full force and effect as to the remaining states and in full force and effect as to the stateaffected as to all severable matters.
Renumbered and Amended by Chapter 8, 2002 Special Session 5