The Mayor of the District of Columbia is hereby authorized to enter into and execute on behalf of the District of Columbia an agreement with any state or states legally joining therein in the form substantially as set forth in this section.
THE INTERSTATE COMPACT ON MENTAL HEALTH
ARTICLE I -- PURPOSE AND FINDINGS
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 -- DEFINITIONS
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, and shall include Saint Elizabeth's Hospital in the District of Columbia.
(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 -- ELIGIBILITY AND PLACEMENT OF PATIENTS
(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 -- AFTER-CARE OR SUPERVISION IN THE RECEIVING STATE
(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 after-care 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 after-care 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 after-care 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 after-care or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on after-care 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 -- ESCAPE OF DANGEROUS OR POTENTIALLY DANGEROUS PATIENTS
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 -- TRANSPORTING PATIENTS THROUGH PARTY STATES
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 -- PAYMENT OF COSTS
(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 non-party 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 -- GUARDIANS
(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 which 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--INAPPLICABILITY OF COMPACT TO PERSONS SUBJECT TO PENAL SENTENCE;
POLICY AGAINST PLACEMENT OF PATIENTS IN PRISONS OR JAILS
(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 -- COMPACT ADMINISTRATORS
(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 -- SUPPLEMENTARY AGREEMENTS
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 -- EFFECTIVE DATE OF COMPACT
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 -- WITHDRAWAL FROM COMPACT
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one 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 this compact.
(b) Withdrawal from any agreement permitted by Article XII(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 -- CONSTRUCTION AND SEVERABILITY
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.
(Apr. 26, 1972, 86 Stat. 126, Pub. L. 92-280, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1801.
1973 Ed., § 6-1601.
References in Text
The reference to "Article XII(b)," in Article XIII(b), should probably be a reference to "Article VII(b).".
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Complementary Legislation
Ala.--Code 1975, §§ 22-55-1 to 22-55-4.
Alaska--AS 47.30.880.
Ark.--A.C.A. §§ 20-50-101 to 20-50-106.
Colo.--West's C.R.S.A. §§ 24-60-1001 to 24-60-1006.
Conn.--C.G.S.A. §§ 17a-615 to 17a-618.
Del.--16 Del.C. §§ 6101 to 6105.
D.C.--D.C. Official Code, 2001 Ed. §§ 7-1101 to 7-1106.
Fla.--West's F.S.A. §§ 394.479 to 394.484.
Ga.--O.C.G.A. §§ 37-10-1 to 37-10-3.
Hawaii--H R S §§ 335-1 to 335-5.
Idaho--I.C. §§ 66-1201 to 66-1205.
Ill.--S.H.A. 45 ILCS 40/0.01 to 40/5.
Ind.--West's A.I.C. 12-28-2-1 to 12-28-2-4.
Iowa--I.C.A. §§ 221.1 to 221.6.
Kan.--K.S.A. 65-3101 to 65-3106.
Ky.--KRS 210.520 to 210.550.
La.--LSA-R.S. 28:721 to 28:726.
Maine--34-B M.R.S.A. §§ 9001 to 9014.
Md.--Code, Health-General, §§ 11-102 to 11-107.
Mass.--M.G.L.A. c. 123 App., §§ 1-1 to 1-4.
Mich.--M.C.L.A. §§ 330.1920 to 330.1930.
Minn.--M.S.A. §§ 245.51 to 245.53.
Mo.--V.A.M.S. §§ 630.810 to 630.835.
Mt.--M.C.A. 53-22-101 to 53-22-106.
Neb.--R.R.S. 1943, §§ 83-801 to 83-806.
N.H.--RSA 135-A:1 to 135-A:6.
N.J.--N.J.S.A. 30:7B-1 to 30:7B-18.
N.M.--NMSA 1978, §§ 11-7-1 to 11-7-5.
N.Y.--McKinney's Mental Hygiene Law, § 67.07.
N.C.--G.S. §§ 122C-361 to 122C-366.
N.D.--NDCC 25-11-01 to 25-11-06.
Ohio--R.C. §§ 5119.50 to 5119.53.
Okl.--43A Okl.St.Ann. §§ 6-201 to 6-205.
Ore.--ORS 428.310 to 428.330.
Pa.--62 P.S. §§ 1121 to 1126.
R.I.--Gen.Laws. 1956, §§ 40.1-9-1 to 40.1-9-3.
S.C.--Code 1976, §§ 44-25-10 to 44-25-60.
S.D.--SDCL 27A-6-1 to 27A-6-5.
Tenn.--T.C.A. §§ 33-9-201 to 33-9-207.
Tex.--V.T.C.A., Health & Safety Code §§ 612.001 to 612.007.
Utah--U.C.A. 1953, 62A-15-801, 62A-15-802.
Vt.--18 V.S.A. §§ 9001 to 9014.
Wash.--West's RCWA 72.27.010 to 72.27.070.
W.Va.--Code, 27-14-1 to 27-14-5.
Wis.--W.S.A. 51.75.
Wyo.--Wyo.Stat.Ann. §§ 25-10-301 to 25-10-305.
Pursuant to this Compact, the Director of the Department of Mental Health shall be the Compact Administrator and, acting jointly with like officers of party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the Compact. The Compact Administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of the District of Columbia in facilitating the proper administration of the Compact or of any supplementary agreement or agreements entered into by the District thereunder.
(Apr. 26, 1972, 86 Stat. 130, Pub. L. 92-280, § 3; Dec. 18, 2001, D.C. Law 14-56, § 116(e), 48 DCR 7674.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1802.
1973 Ed., § 6-1602.
Effect of Amendments
D.C. Law 14-56, in subsec. (e), substituted "the Director of the Department of Mental Health shall be the Compact Administrator and," for "the Mayor of the District of Columbia is hereby authorized and empowered to designate an officer who shall be the Compact Administrator and who,"
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(e) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16(e) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(e) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(e) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
Legislative History of Laws
For Law 14-56, see notes following § 7-154.
References in Text
The "Compact," referred to throughout the section, is set forth in § 7-1101.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Designation of Compact Administrator: The Director, Department of Human Resources, was designated Compact Administrator for the District of Columbia by Commissioner's Order No. 72-241A, dated September 20, 1972. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.
The Compact Administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of party states pursuant to Articles VII and XI of the Compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of the District of Columbia or require or contemplate the provision of any service by the District of Columbia, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
(Apr. 26, 1972, 86 Stat. 130, Pub. L. 92-280, § 4.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1803.
1973 Ed., § 6-1603.
References in Text
The "Compact," referred to at the end of the first sentence, is set forth in § 7-1101.
The Compact Administrator, subject to the approval of the Mayor or his designated agent, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the District of Columbia by the Compact or by any supplementary agreement entered into thereunder.
(Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280, § 5.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1804.
1973 Ed., § 6-1604.
References in Text
The "Compact," referred to near the end of the section, is set forth in § 7- 1101.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The Compact Administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in the District of Columbia to an institution in a party state, to take no final action without approval of the Superior Court of the District of Columbia.
(Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280, § 6.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1805.
1973 Ed., § 6-1605.
Duly authorized copies of this chapter shall, upon its approval, be transmitted by the Mayor or his designated agent to the Governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments.
(Apr. 26, 1972, 86 Stat. 131, Pub. L. 92-280, § 7.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1806.
1973 Ed., § 6-1606.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia, and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
