630.810. Compact enacted--form. - Missouri Statutes

Compact enacted--form.

630.810. The "Interstate Compact on Mental Health" is herebyenacted into law and entered into by this state with all otherstates legally joining therein in the form substantially asfollows:

THE INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

ARTICLE I

The party states find that the proper and expeditioustreatment of the mentally ill and mentally deficient can befacilitated by cooperative action, to the benefit of thepatients, their families, and society as a whole. Further, theparty states find that the necessity of and desirability forfurnishing such care and treatment bears no primary relation tothe residence or citizenship of the patient but that, on thecontrary, the controlling factors of community safety andhumanitarianism require that facilities and services be madeavailable for all who are in need of them. Consequently, it isthe purpose of this compact and of the party states to providethe necessary legal basis for the institutionalization or otherappropriate care and treatment of the mentally ill and mentallydeficient under a system that recognizes the paramount importanceof patient welfare and to establish the responsibilities of theparty states in terms of such welfare.

ARTICLE II

As used in this compact:

(a) "Sending state" shall mean a party state from which apatient is transported pursuant to the provisions of the compactor from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which apatient is transported pursuant to the provisions of the compactor to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facilitymaintained by a party state or political subdivision thereof forthe care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject to or eligibleas determined by the laws of the sending state, forinstitutionalization or other care, treatment, or supervisionpursuant to the provisions of this compact.

(e) "Aftercare" shall mean care, treatment and servicesprovided a patient, as defined herein, on convalescent status orconditional release.

(f) "Mental illness" shall mean mental disease to suchextent that a person so afflicted requires care and treatment forhis own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental deficiency asdefined by appropriate clinical authorities to such extent that aperson so afflicted is incapable of managing himself and hisaffairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory or possession ofthe United States, the District of Columbia, and the Commonwealthof Puerto Rico.

ARTICLE III

(a) Whenever a person physically present in any party stateshall be in need of institutionalization by reason of mentalillness or mental deficiency, he shall be eligible for care andtreatment in an institution in that state irrespective of hisresidence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to thecontrary notwithstanding, any patient may be transferred to aninstitution in another state whenever there are factors basedupon clinical determinations indicating that the care andtreatment of said patient would be facilitated or improvedthereby. Any such institutionalization may be for the entireperiod of care and treatment or for any portion or portionsthereof. The factors referred to in this paragraph shall includethe patient's full record with due regard for the location of thepatient's family, character of the illness and probable durationthereof, and such other factors as shall be consideredappropriate.

(c) No state shall be obliged to receive any patientpursuant to the provisions of paragraph (b) of this articleunless the sending state has given advance notice of itsintention to send the patient; furnished all available medicaland other pertinent records concerning the patient; given thequalified medical or other appropriate clinical authorities ofthe receiving state an opportunity to examine the patient if saidauthorities so wish; and unless the receiving state shall agreeto accept the patient.

(d) In the event that the laws of the receiving stateestablish a system of priorities for the admission of patients,an interstate patient under this compact shall receive the samepriority as a local patient and shall be taken in the same orderand at the same time that he would be taken if he were a localpatient.

(e) Pursuant to this compact, the determination as to thesuitable place of institutionalization for a patient may bereviewed at any time and such further transfer of the patient maybe made as seems likely to be in the best interest of thepatient.

ARTICLE IV

(a) Whenever, pursuant to the laws of the state in which apatient is physically present, it shall be determined that thepatient should receive aftercare or supervision, such care orsupervision may be provided in a receiving state. If the medicalor other appropriate clinical authorities having responsibilityfor the care and treatment of the patient in the sending stateshall have reason to believe that aftercare in another statewould be in the best interest of the patient and would notjeopardize the public safety, they shall request the appropriateauthorities in the receiving state to investigate thedesirability of affording the patient such aftercare in saidreceiving state, and such investigation shall be made with allreasonable speed. The request for investigation shall beaccompanied by complete information concerning the patient'sintended place of residence and the identity of the person inwhose charge it is proposed to place the patient, the completemedical history of the patient, and such other documents as maybe pertinent.

(b) If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patientin the sending state and the appropriate authorities in thereceiving state find that the best interest of the patient wouldbe served thereby, and if the public safety would not bejeopardized thereby, the patient may receive aftercare orsupervision in the receiving state.

(c) In supervising, treating, or caring for a patient onaftercare pursuant to the terms of this article, a receivingstate 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 escapesfrom an institution in any party state, that state shall promptlynotify all appropriate authorities within and out thejurisdiction of the escape in a manner reasonably calculated tofacilitate the speedy apprehension of the escapee. Immediatelyupon the apprehension and identification of any such dangerous orpotentially dangerous patient, he shall be detained in the statewhere found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and theidentity of the patient, shall be permitted to transport anypatient being moved pursuant to this compact through any and allstates party to this compact, without interference.

ARTICLE VII

(a) No person shall be deemed a patient of more than oneinstitution at any given time. Completion of transfer of anypatient to an institution in a receiving state shall have theeffect of making the person a patient of the institution in thereceiving state.

(b) The sending state shall pay all costs of and incidentalto the transportation of any patient pursuant to this compact,but any two or more party states may, by making a specificagreement for that purpose, arrange for a different allocation ofcosts as among themselves.

(c) No provision of this compact shall be construed to alteror 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 paymentof costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to preventany party state or subdivision thereof from asserting any rightagainst any person, agency or other entity in regard to costs forwhich such party state or subdivision thereof may be responsiblepursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidateany reciprocal agreement between a party state and a nonpartystate relating to institutionalization, care or treatment of thementally ill or mentally deficient, or any statutory authoritypursuant 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, andresponsibilities of any patient's guardian on his own behalf orin respect of any patient for whom he may serve, except thatwhere the transfer of any patient to another jurisdiction makesadvisable the appointment of a supplemental or substituteguardian, any court of competent jurisdiction in the receivingstate may make such supplemental or substitute appointment andthe court which appointed the previous guardian shall upon beingduly advised of the new appointment, and upon the satisfactorycompletion of such accounting and other acts as such court may bylaw require, relieve the previous guardian of power andresponsibility to whatever extent shall be appropriate in thecircumstances; provided, however, that in the case of any patienthaving settlement in the sending state, the court of competentjurisdiction 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 inthe receiving state may, in its discretion, confirm or reappointthe person or persons previously serving as guardian in thesending state in lieu of making a supplemental or substituteappointment.

(b) The term "guardian" as used in paragraph (a) of thisarticle shall include any guardian, trustee, legal committee,conservator, or other person or agency however denominated who ischarged by law with power to act for or responsibility for theperson or property of a patient.

ARTICLE IX

(a) No provision of this compact except Article V shallapply to any person institutionalized while under sentence in apenal or correctional institution or while subject to trial on acriminal charge, or whose institutionalization is due to thecommission of an offense for which, in the absence of mentalillness or mental deficiency, said person would be subject toincarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy ofstates party to this compact that no patient shall be placed ordetained in any prison, jail or lockup, but such patient shall,with all expedition, be taken to a suitable institutionalfacility 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 ofactivities under the compact in his state and who shall receivecopies of all reports, correspondence, and other documentsrelating to any patient processed under the compact by his stateeither in the capacity of sending or receiving state. Thecompact administrator or his duly designated representative shallbe the official with whom other party states shall deal in anymatter relating to the compact or any patient processedthereunder.

(b) The compact administrators of the respective partystates shall have power to promulgate reasonable rules andregulations to carry out more effectively the terms andprovisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two ormore party states may enter into supplementary agreements for theprovision of any service or facility or for the maintenance ofany institution on a joint or cooperative basis whenever thestates concerned shall find that such agreements will improveservices, facilities, or institutional care and treatment in thefields of mental illness or mental deficiency. No suchsupplementary agreement shall be construed so as to relieve anyparty state of any obligation which it otherwise would have underother provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to anystate when enacted by it into law and such state shall thereafterbe a party thereto with any and all states legally joiningtherein.

ARTICLE XIII

(a) A state party to this compact may withdraw therefrom byenacting a statute repealing the same. Such withdrawal shalltake effect one year after notice thereof has been communicatedofficially and in writing to the governors and compactadministrators of all other party states. However, thewithdrawal of any state shall not change the status of anypatient who has been sent to said state or sent out of said statepursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by ArticleVII(b) as to costs or from any supplementary agreement madepursuant to Article XI shall be in accordance with the terms ofsuch agreement and paragraph (a) hereof.

ARTICLE XIV

This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall beseverable and if any phrase, clause, sentence or provision ofthis compact is declared to be contrary to the constitution ofany party state or of the United States or the applicabilitythereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any state partythereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the stateaffected as to all severable matters.

(L. 1980 H.B. 1724)