25-11 Interstate Mental Health Compact - North Dakota Statutes

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CHAPTER 25-11INTERSTATE MENTAL HEALTH COMPACT25-11-01. Enactment of interstate compact on mental health. The interstate compacton mental health is hereby enacted into law and entered into by this state with all other states
legally joined therein in the form substantially as follows:Article I. The party states find that the proper and expeditious treatment of the mentallyill 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:1."After-care" means care, treatment, and services provided a patient, as defined
herein, on convalescent status or conditional release.2."Institution" means 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.3."Mental deficiency" means mental deficiency as defined by appropriate clinical
authorities to such extent that a person so afflicted is incapable of managing the
person's self and affairs, but shall not include mental illness as defined herein.4."Mental illness" means mental disease to such extent that a person so afflicted
requires care and treatment for the person's own welfare, or the welfare of others, or
of the community.5."Patient" means 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.6."Receiving state" means 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.7."Sending state" means 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.8."State" means any state, territory, or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.Article III.1.Whenever a person physically present in any party state shall be in need of
institutionalization by reason of mental illness or mental deficiency, the person shall
be eligible for care and treatment in an institution in that state irrespective of the
person's residence, settlement, or citizenship qualifications.Page No. 12.The provisions of paragraph 1 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 fullrecord 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.3.No state shall be obliged to receive any patient pursuant to the provisions of
paragraph 2 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.4.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 the person would be taken if the person was a local patient.5.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.1.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.2.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.3.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.Whenever a dangerous or potentially dangerous patient escapes from aninstitution 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, that patient shall be detained in the state where
found pending disposition in accordance with law.Page No. 2Article VI. The duly accredited officers of any state party to this compact, upon theestablishment 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.1.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.2.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.3.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.4.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.5.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.1.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 the guardian's
own behalf or in respect of any patient for whom the guardian may serve, except that
when 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 the
guardian's 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.2.The term "guardian" as used in paragraph 1 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.Page No. 31.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.2.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.1.Each party state shall appoint a "compact administrator" who, on behalf of the
person's state, shall act as general coordinator of activities under the compact in the
person's state and who shall receive copies of all reports, correspondence, and
other documents relating to any patient processed under the compact by the
person's state either in the capacity of sending or receiving state. The compact
administrator or the compact administrator's 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.2.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 statesmay 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 whenenacted by it into law and such state shall thereafter be a party thereto with any and all states
legally joining therein.Article XIII.1.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.2.Withdrawal from any agreement permitted by Article VII-2 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 purposesthereof. 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 fullPage No. 4force and effect as to the remaining states and in full force and effect as to the state affected as
to all severable matters.25-11-02. Compact administrator - Powers. Pursuant to said compact, the executivedirector of the department of human services must be the compact administrator and who, acting
jointly with like officers of other party states, may adopt rules to carry out more effectively the
terms of the compact.The compact administrator shall cooperate with all departments,agencies, and officers of and in the government of this state and its subdivisions in facilitating the
proper administration of the compact or any supplementary agreement or agreements entered
into by this state thereunder.25-11-03. Power to make supplementary agreements - Limitation. The compactadministrator is hereby authorized and empowered to enter into supplementary agreements with
appropriate officials of other states pursuant to articles VII and XI of the compact. In the event
that such supplementary agreements require or contemplate the use of any institution or facility
of this state or require or contemplate the provision of any service by this state, no such
agreement may 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.25-11-04. Discharge of financial obligations. The compact administrator, subject tothe approval of the state treasurer, may make or arrange for any payments necessary to
discharge any financial obligations imposed upon this state by the compact or by any
supplementary agreement entered into thereunder.25-11-05.Transfer of patients - Approval of court. The compact administrator ishereby directed to consult with the immediate family of any proposed transferee and, in the case
of a proposed transferee from an institution in this state to an institution in another party state, to
take no final action without approval of the district court which committed the patient, or if such
patient was not committed, then without approval of the district court serving Stutsman County.25-11-06. Transmission of copies of chapter. Duly authorized copies of this chaptermust, upon its approval, be transmitted by the secretary of state 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.Page No. 5Document Outlinechapter 25-11 interstate mental health compact