Section 67.07. Interstate compact

(a) 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:
 
                     INTERSTATE COMPACT ON MENTAL HEALTH
 
    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) "Aftercare" 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  will  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 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
 
    (a) 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 circumstances 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.
    (b) Pursuant to the compact, the governor may designate an officer who
  shall  be  the  compact  administrator and who, acting jointly with like
  officers of other party states, may promulgate rules and regulations  to
  carry  out  more  effectively  the  terms  of  this compact. The compact
  administrator shall serve subject to the pleasure of the  governor.  The
  compact  administrator  shall  cooperate with all departments, agencies,
  and officers of and in the government of the state and its  subdivisions
  in  facilitating  the  proper  administration  of  the compact or of any
  supplementary  agreement  or  agreements  entered  into  by  this  state
  thereunder.
    (c)  The compact administrator may enter into supplementary agreements
  with appropriate officials of other states pursuant to Articles VII  and
  XI of the compact. In the event that supplementary agreements require or
  contemplate  the  use  of  any  facility  of  this  state  or require or
  contemplate the provision of any service by this state, they  shall  not
  have  force  or  effect  until approved by the head of the department or
  agency under whose jurisdiction  said  facility  is  operated  or  whose
  department or agency will be charged with the rendering of service.
    (d)  The  compact  administrator,  subject  to  the  approval  of  the
  comptroller, may make or arrange for payments necessary to discharge any
  financial obligations imposed upon this state by the compact or  by  any
  supplementary agreement.
    (e) Duly authenticated copies of this act shall, upon its approval, be
  transmitted by the secretary of state to the governor of each state, the

  attorney  general,  and the secretary of state of the United States, and
  the council of state governments.