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§43A-6-201.


§43A-6-201.
   
   The Interstate Compact on Mental Health is hereby enacted into law and
   entered into by this state with all other states legally joining
   therein in the form substantially as follows: the contracting states
   solemnly agree that:
   
                                 ARTICLE I
                                      
   The party states find that the proper and expeditious treatment of the
   mentally ill and mentally deficient can be facilitated by cooperative
   action, to the benefit of the patients, their families, and society as
   a whole. Further, the party states find that the necessity of and
   desirability for furnishing such care and treatment bears no primary
   relation to the residence or citizenship of the patient but that, on
   the contrary, the controlling factors of community safety and
   humanitarianism require that facilities and services be made available
   for all who are in need of them. Consequently, it is the purpose of
   this compact and of the party states to provide the necessary legal
   basis for the institutionalization or other appropriate care and
   treatment of the mentally ill and mentally deficient under a system
   that recognizes the paramount importance of patient welfare and to
   establish the responsibilities of the party states in terms of such
   welfare.
   
                                 ARTICLE II
                                      
   As used in this compact:
   
   (a) "Sending state" shall mean a party state from which a patient is
   transported pursuant to the provisions of the compact or from which it
   is contemplated that a patient may be so sent.
   
   (b) "Receiving state" shall mean a party state to which a patient is
   transported pursuant to the provisions of the compact or to which it
   is contemplated that a patient may be so sent.
   
   (c) "Institution" shall mean any hospital or other facility maintained
   by a party state or political subdivision thereof for the care and
   treatment of mental illness or mental deficiency.
   
   (d) "Patient" shall mean any person subject to or eligible as
   determined by the laws of the sending state, for institutionalization
   or other care, treatment, or supervision pursuant to the provisions of
   this compact.
   
   (e) "After-care" shall mean care, treatment and services provided a
   patient, as defined herein, on convalescent status or conditional
   release.
   
   (f) "Mental illness" shall mean mental disease to such extent that a
   person so afflicted requires care and treatment for his own welfare,
   or the welfare of others, or of the community.
   
   (g) "Mental deficiency" shall mean mental deficiency as defined by
   appropriate clinical authorities to such extent that a person so
   afflicted is incapable of managing himself and his affairs, but shall
   not include mental illness as defined herein.
   
   (h) "State" shall mean any state, territory or possession of the
   United States, the District of Columbia, and the Commonwealth of
   Puerto Rico.
   
                                ARTICLE III
                                      
   (a) Whenever a person physically present in any party state shall be
   in need of institutionalization by reason of mental illness or mental
   deficiency, he shall be eligible for care and treatment in an
   institution in that state irrespective of his residence, settlement or
   citizenship qualifications.
   
   (b) The provisions of paragraph (a) of this article to the contrary
   notwithstanding, any patient may be transferred to an institution in
   another state whenever there are factors based upon clinical
   determinations indicating that the care and treatment of said patient
   would be facilitated or improved thereby. Any such
   institutionalization may be for the entire period of care and
   treatment or for any portion or portions thereof. The factors referred
   to in this paragraph shall include the patient's full record with due
   regard for the location of the patient's family, character of the
   illness and probable duration thereof, and such other factors as shall
   be considered appropriate.
   
   (c) No state shall be obliged to receive any patient pursuant to the
   provisions of paragraph (b) of this article unless the sending state
   has given advance notice of its intention to send the patient;
   furnished all available medical and other pertinent records concerning
   the patient; given the qualified medical or other appropriate clinical
   authorities of the receiving state an opportunity to examine the
   patient if said authorities so 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
   system of priorities for the admission of patients, an interstate
   patient under this compact shall receive the same priority as a local
   patient and shall be taken in the same order and at the same time that
   he would be taken if he were a local patient.
   
   (e) Pursuant to this compact, the determination as to the suitable
   place of institutionalization for a patient may be reviewed at any
   time and such further transfer of the patient may be made as seems
   likely to be in the best interest of the patient.
   
                                 ARTICLE IV
                                      
   (a) Whenever, pursuant to the laws of the state in which a patient is
   physically present, it shall be determined that the patient should
   receive aftercare or supervision, such care or supervision may be
   provided in a receiving state. If the medical or other appropriate
   clinical authorities having responsibility for the care and treatment
   of the patient in the sending state shall have reason to believe that
   aftercare in another state would be in the best interest of the
   patient and would not jeopardize the public safety, they shall request
   the appropriate authorities in the receiving state to investigate the
   desirability of affording the patient such aftercare in said receiving
   state, and such investigation shall be made with all reasonable speed.
   The request for investigation shall be accompanied by complete
   information concerning the patient's intended place of residence and
   the identity of the person in whose charge it is proposed to place the
   patient, the complete medical history of the patient, and such other
   documents as may be pertinent.
   
   (b) If the medical or other appropriate clinical authorities having
   responsibility for the care and treatment of the patient in the
   sending state and the appropriate authorities in the receiving state
   find that the best interest of the patient would be served thereby,
   and if the public safety would not be jeopardized thereby, the patient
   may receive aftercare or supervision in the receiving state.
   
   (c) In supervising, treating, or caring for a patient on aftercare,
   pursuant to the terms of this article, a receiving state shall employ
   the same standards of visitation, examination, care, and treatment
   that it employs for similar local patients.
   
                                 ARTICLE V
                                      
   Whenever a dangerous or potentially dangerous patient escapes from an
   institution in any party state, that state shall promptly notify all
   appropriate authorities within and without the jurisdiction of the
   escape in a manner reasonably calculated to facilitate the speedy
   apprehension of the escapee. Immediately upon the apprehension and
   identification of any such dangerous or potentially dangerous patient,
   he shall be detained in the state where found pending disposition in
   accordance with law.
   
                                 ARTICLE VI
                                      
   The duly-accredited officers of any state party to this compact, upon
   the establishment of their authority and the identity 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.
   
                                ARTICLE VII
                                      
   (a) No person shall 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 shall have the effect of making the
   person a patient of the institution in the receiving state.
   
   (b) The sending state shall pay all costs of and incidental to the
   transportation of any patient pursuant to this compact, but any two or
   more party states may, by making a specific agreement for that
   purpose, arrange for a different allocation of costs as among
   themselves.
   
   (c) No provision of this compact shall be construed to alter or affect
   any internal relationships among the departments, agencies and
   officers of and in the government of a party state, or between a party
   state and its subdivisions, as to the payment of costs, or
   responsibilities therefor.
   
   (d) Nothing in this compact shall be construed to prevent any party
   state or subdivision thereof from asserting any right against any
   person, agency or other entity in regard to costs for which such party
   state or subdivision thereof may be responsible pursuant to any
   provision of this compact.
   
   (e) Nothing in this compact shall be construed to invalidate any
   reciprocal agreement between a party state and a nonparty state
   relating to institutionalization, care or treatment of the mentally
   ill or mentally deficient, or any statutory authority pursuant to
   which such agreements may be made.
   
                                ARTICLE VIII
                                      
   (a) Nothing in this compact shall be construed to abridge, diminish,
   or in any way impair the rights, duties, and responsibilities of any
   patient's guardian on his own behalf or in respect of any patient for
   whom he may serve, except that where the transfer of any patient to
   another jurisdiction makes advisable the appointment of a supplemental
   or substitute guardian, any court of competent jurisdiction in the
   receiving state may make such supplemental or substitute appointment
   and the court which appointed the previous guardian shall upon being
   duly advised of the new appointment, and upon the satisfactory
   completion of such accounting and other acts as such court may by law
   require, relieve the previous guardian of power and responsibility to
   whatever extent shall be appropriate in the circumstances; provided,
   however, that in the case of any patient having settlement in the
   sending state, the court of competent jurisdiction in the sending
   state shall have the sole discretion to relieve a guardian appointed
   by it or continue his power and responsibility, whichever it shall
   deem advisable. The court in the receiving state may, in its
   discretion, confirm or reappoint the person or persons previously
   serving as guardian in the sending state in lieu of making a
   supplemental or substitute appointment.
   
   (b) The term "guardian" as used in paragraph (a) of this article shall
   include any guardian, trustee, legal committee, conservator, or other
   person or agency however denominated who is charged by law with power
   to act for or responsibility for the person or property of a patient.
   
                                 ARTICLE IX
                                      
   (a) No provision of this compact except Article V shall apply to any
   person institutionalized while under sentence in a penal or
   correctional institution or while subject to trial on a criminal
   charge, or whose institutionalization is due to the commission of an
   offense for which, in the absence of mental illness or mental
   deficiency, said person would be subject to incarceration in a penal
   or correctional institution.
   
   (b) To every extent possible, it shall be the policy of states party
   to this 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 a suitable institutional facility for mental illness or
   mental deficiency.
   
                                 ARTICLE X
                                      
   (a) 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 who shall receive copies of all
   reports, correspondence, and other documents relating to any patient
   processed under the compact by his state either in the capacity of
   sending or receiving state. The compact administrator or his duly
   designated representative shall be the official with whom other party
   states shall deal in any matter relating to the compact or any patient
   processed thereunder.
   
   (b) The compact administrators of the respective party states shall
   have power to promulgate reasonable rules and regulations to carry out
   more effectively the terms and provisions of this compact.
   
                                 ARTICLE XI
                                      
   The duly constituted administrative authorities of any two or more
   party states may enter into supplementary agreements for the provision
   of any service or facility or for the maintenance of any institution
   on a joint or cooperative basis whenever the states concerned shall
   find that such agreements will improve services, facilities, or
   institutional care and treatment in the fields of mental illness or
   mental deficiency. No such supplementary agreement shall be construed
   so as to relieve any party state of any obligation which it otherwise
   would have under other provisions of this compact.
   
                                ARTICLE XII
                                      
   This compact shall enter into full force and effect as to any state
   when enacted by it into law and such state shall thereafter be a party
   thereto with any and all states legally joining therein.
   
                                ARTICLE XIII
                                      
   (a) A state party to this compact may withdraw therefrom by enacting a
   statute repealing the same. Such withdrawal shall take effect one (1)
   year after notice thereof has been communicated officially and in
   writing to the governors and compact administrators of all other party
   states. However, the withdrawal of any state shall not change the
   status of any patient who has been sent to said state or sent out of
   said state pursuant to the provisions of the compact.
   
   (b) Withdrawal from any agreement permitted by Article VII(b) as to
   costs or from any supplementary agreement made pursuant to Article XI
   shall be in accordance with the terms of such agreement.
   
                                ARTICLE XIV
                                      
   This compact shall be liberally construed so as to effectuate the
   purposes thereof. The provisions of this compact shall be severable
   and if any phrase, clause, sentence or provision of this compact is
   declared to be contrary to the constitution of any party state or of
   the United States or the applicability thereof to any government,
   agency, person or circumstance is held invalid, the validity of the
   remainder of this compact and the applicability thereof to any
   government, agency, person or circumstance shall not be affected
   thereby. If this compact shall be held contrary to the constitution of
   any state party thereto, the compact shall remain in full force and
   effect as to the remaining states and in full force and effect as to
   the state affected as to all severable matters.
   

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