N.Y. MHY Law § 67.07 — New York Code / Act MHY / Title E / Article 67 / Section 67.07
Interstate compact
Status: in_force

§ 67.07 Interstate compact.\n  (a) The interstate compact on mental health is hereby enacted into law\nand entered into by this state with all other states legally joining\ntherein in the form substantially as follows:\n                   INTERSTATE COMPACT ON MENTAL HEALTH\n  The contracting states solemnly agree that:\n                                Article I\n  The party states find that the proper and expeditious treatment of the\nmentally ill and mentally deficient can be facilitated by cooperative\naction, to the benefit of the patients, their families, and society as a\nwhole. Further, the party states find that the necessity of and\ndesirability for furnishing such care and treatment bears no primary\nrelation to the residence or citizenship of the patient but that, on the\ncontrary, the controlling factors of community safety and\nhumanitarianism require that facilities and services be made available\nfor all who are in need of them. Consequently, it is the purpose of this\ncompact and of the party states to provide the necessary legal basis for\nthe institutionalization or other appropriate care and treatment of the\nmentally ill and mentally deficient under a system that recognizes the\nparamount importance of patient welfare and to establish the\nresponsibilities of the party states in terms of such welfare.\n                               Article II\n  As used in this compact:\n  (a) "Sending state" shall mean a party state from which a patient is\ntransported pursuant to the provisions of the compact or from which it\nis contemplated that a patient may be so sent.\n  (b) "Receiving state" shall mean a party state to which a patient is\ntransported pursuant to the provisions of the compact or to which it is\ncontemplated that a patient may be so sent.\n  (c) "Institution" shall mean any hospital or other facility maintained\nby a party state or political subdivision thereof for the care and\ntreatment of mental illness or mental deficiency.\n  (d) "Patient" shall mean any person subject to or eligible as\ndetermined by the laws of the sending state, for institutionalization or\nother care, treatment, or supervision pursuant to the provisions of this\ncompact.\n  (e) "Aftercare" shall mean care, treatment, and services provided a\npatient, as defined herein, on convalescent status or conditional\nrelease.\n  (f) "Mental illness" shall mean mental disease to such extent that a\nperson so afflicted requires care and treatment for his own welfare, or\nthe welfare of others, or of the community.\n  (g) "Mental deficiency" shall mean mental deficiency as defined by\nappropriate clinical authorities to such extent that a person so\nafflicted is incapable of managing himself and his affairs, but shall\nnot include mental illness as defined herein.\n  (h) "State" shall mean any state, territory, or possession of the\nUnited States, the District of Columbia, and the Commonwealth of Puerto\nRico.\n                               Article III\n  (a) Whenever a person physically present in any party state shall be\nin need of institutionalization by reason of mental illness or mental\ndeficiency, he shall be eligible for care and treatment in an\ninstitution in that state irrespective of his residence, settlement, or\ncitizenship qualifications.\n  (b) The provisions of paragraph (a) of this article to the contrary\nnotwithstanding, any patient may be transferred to an institution in\nanother state whenever there are factors based upon clinical\ndeterminations indicating that the care and treatment of said patient\nwould be facilitated or improved thereby. Any such institutionalization\nmay be for the entire period of care and treatment or for any portion or\nportions thereof. The factors referred to in this paragraph shall\ninclude the patient's full record with due regard for the location of\nthe patient's family, character of the illness and probable duration\nthereof, and such other factors as shall be considered appropriate.\n  (c) No state shall be obliged to receive any patient pursuant to the\nprovisions of paragraph (b) of this article unless the sending state has\ngiven advance notice of its intention to send the patient; furnished all\navailable medical and other pertinent records concerning the patient;\ngiven the qualified medical or other appropriate clinical authorities of\nthe receiving state an opportunity to examine the patient if said\nauthorities so wish; and unless the receiving state shall agree to\naccept the patient.\n  (d) In the event that the laws of the receiving state establish a\nsystem of priorities for the admission of patients, an interstate\npatient under this compact shall receive the same priority as a local\npatient and shall be taken in the same order and at the same time that\nhe would be taken if he were a local patient.\n  (e) Pursuant to this compact, the determination as to the suitable\nplace of institutionalization for a patient may be reviewed at any time\nand such further transfer of the patient may be made as seems likely to\nbe in the best interest of the patient.\n                               Article IV\n  (a) Whenever, pursuant to the laws of the state in which a patient is\nphysically present, it shall be determined that the patient should\nreceive aftercare or supervision, such care or supervision may be\nprovided in a receiving state. If the medical or other appropriate\nclinical authorities having responsibility for the care and treatment of\nthe patient in the sending state shall have reason to believe that\naftercare in another state would be in the best interest of the patient\nand would not jeopardize the public safety, they shall request the\nappropriate authorities in the receiving state to investigate the\ndesirability of affording the patient such aftercare in said receiving\nstate, and such investigation shall be made with all reasonable speed.\nThe request for investigation shall be accompanied by complete\ninformation concerning the patient's intended place of residence and the\nidentity of the person in whose charge it is proposed to place the\npatient, the complete medical history of the patient, and such other\ndocuments as may be pertinent.\n  (b) If the medical or other appropriate clinical authorities having\nresponsibility for the care and treatment of the patient in the sending\nstate and the appropriate authorities in the receiving state find that\nthe best interest of the patient would be served thereby and if the\npublic safety would not be jeopardized thereby, the patient may receive\naftercare or supervision in the receiving state.\n  (c) In supervising, treating, or caring for a patient on aftercare\npursuant to the terms of this article, a receiving state shall employ\nthe same standards of visitation, examination, care, and treatment that\nit employs for similar local patients.\n                                Article V\n  Whenever a dangerous or potentially dangerous patient escapes from an\ninstitution in any party state, that state shall promptly notify all\nappropriate authorities within and without the jurisdiction of the\nescape in a manner reasonably calculated to facilitate the speedy\napprehension of the escapee. Immediately upon the apprehension and\nidentification of any such dangerous or potentially dangerous patient,\nhe shall be detained in the state where found pending disposition in\naccordance with law.\n                               Article VI\n  The duly accredited officers of any state party to this compact, upon\nthe establishment of their authority and the identity of the patient,\nshall be permitted to transport any patient being moved pursuant to this\ncompact through any and all states party to this compact, without\ninterference.\n                               Article VII\n  (a) No person shall be deemed a patient of more than one institution\nat any given time. Completion of transfer of any patient to an\ninstitution in a receiving state shall have the effect of making the\nperson a patient of the institution in the receiving state.\n  (b) The sending state shall pay all costs of and incidental to the\ntransportation of any patient pursuant to this compact, but any two or\nmore party states may, by making a specific agreement for that purpose,\narrange for a different allocation of costs as among themselves.\n  (c) No provision of this compact shall be construed to alter or affect\nany internal relationships among the departments, agencies, and officers\nof and in the government of a party state, or between a party state and\nits subdivisions, as to the payment of costs, or responsibilities\ntherefor.\n  (d) Nothing in this compact shall be construed to prevent any party\nstate or subdivision thereof from asserting any right against any\nperson, agency, or other entity in regard to costs for which such party\nstate or subdivision thereof may be responsible pursuant to any\nprovision of this compact.\n  (e) Nothing in this compact shall be construed to invalidate any\nreciprocal agreement between a party state and a nonparty state relating\nto institutionalization, care, or treatment of the mentally ill or\nmentally deficient, or any statutory authority pursuant to which such\nagreements may be made.\n                              Article VIII\n  (a) Nothing in this compact shall be construed to abridge, diminish,\nor in any way impair the rights, duties, and responsibilities of any\npatient's guardian on his own behalf or in respect of any patient for\nwhom he may serve, except that where the transfer of any patient to\nanother jurisdiction makes advisable the appointment of a supplemental\nor substitute guardian, any court of competent jurisdiction in the\nreceiving state may make such supplemental or substitute appointment and\nthe court which appointed the previous guardian shall upon being duly\nadvised of the new appointment, and upon the satisfactory completion of\nsuch accounting and other acts as such court may by law require, relieve\nthe previous guardian of power and responsibility to whatever extent\nshall be appropriate in the circumstances; provided, however, that in\nthe case of any patient having settlement in the sending state, the\ncourt of competent jurisdiction in the sending state shall have the sole\ndiscretion to relieve a guardian appointed by it or continue his power\nand responsibility, whichever it shall deem advisable. The court in the\nreceiving state may, in its discretion, confirm or reappoint the person\nor persons previously serving as guardian in the sending state in lieu\nof making a supplemental or substitute appointment.\n  (b) The term "guardian" as used in paragraph (a) of this article shall\ninclude any guardian, trustee, legal committee, conservator, or other\nperson or agency however denominated who is charged by law with power to\nact for or responsibility for the person or property of a patient.\n                               Article IX\n  (a) No provision of this compact except Article V shall apply to any\nperson institutionalized while under sentence in a penal or correctional\ninstitution or while subject to trial on a criminal charge, or whose\ninstitutionalization is due to the commission of an offense for which,\nin the absence of mental illness or mental deficiency, said person would\nbe subject to incarceration in a penal or correctional institution.\n  (b) To every extent possible, it shall be the policy of states party\nto this compact that no patient shall be placed or detained in any\nprison, jail or lockup, but such patient shall, with all expedition, be\ntaken to a suitable institutional facility for mental illness or mental\ndeficiency.\n                                Article X\n  (a) Each party state shall appoint a "compact administrator" who, on\nbehalf of his state, shall act as general coordinator of activities\nunder the compact in his state and who will receive copies of all\nreports, correspondence, and other documents relating to any patient\nprocessed under the compact by his state either in the capacity of\nsending or receiving state. The compact administrator or his duly\ndesignated representative shall be the official with whom other party\nstates shall deal in any matter relating to the compact or any patient\nprocessed thereunder.\n  (b) The compact administrators of the respective party states shall\nhave power to promulgate reasonable rules and regulations to carry out\nmore effectively the terms and provisions of this compact.\n                               Article XI\n  The duly constituted administrative authorities of any two or more\nparty states may enter into supplementary agreements for the provision\nof any service or facility or for the maintenance of any institution on\na joint or cooperative basis whenever the states concerned shall find\nthat such agreements will improve services, facilities, or institutional\ncare and treatment in the fields of mental illness or mental deficiency.\nNo such supplementary agreement shall be construed so as to relieve any\nparty state of any obligation which it otherwise would have under other\nprovisions of this compact.\n                               Article XII\n  This compact shall enter into full force and effect as to any state\nwhen enacted by it into law and such state shall thereafter be a party\nthereto with any and all states legally joining therein.\n                              Article XIII\n  (a) A state party to this compact may withdraw therefrom by enacting a\nstatute repealing the same. Such withdrawal shall take effect one year\nafter notice thereof has been communicated officially and in writing to\nthe governors and compact administrators of all other party states.\nHowever, the withdrawal of any state shall not change the status of any\npatient who has been sent to said state or sent out of said state\npursuant to the provisions of the compact.\n  (b) Withdrawal from any agreement permitted by Article VII (b) as to\ncosts or from any supplementary agreement made pursuant to Article XI\nshall be in accordance with the terms of such agreement.\n                               Article XIV\n  (a) This compact shall be liberally construed so as to effectuate the\npurposes thereof. The provisions of this compact shall be severable and\nif any phrase, clause, sentence, or provision of this compact is\ndeclared to be contrary to the constitution of any party state or of the\nUnited States or the applicability thereof to any government, agency,\nperson, or circumstances is held invalid, the validity of the remainder\nof this compact and the applicability thereof to any government, agency,\nperson, or circumstance shall not be affected thereby. If this compact\nshall be held contrary to the constitution of any state party thereto,\nthe compact shall remain in full force and effect as to the remaining\nstates and in full force and effect as to the state affected as to all\nseverable matters.\n  (b) Pursuant to the compact, the governor may designate an officer who\nshall be the compact administrator and who, acting jointly with like\nofficers of other party states, may promulgate rules and regulations to\ncarry out more effectively the terms of this compact. The compact\nadministrator shall serve subject to the pleasure of the governor. The\ncompact administrator shall cooperate with all departments, agencies,\nand officers of and in the government of the state and its subdivisions\nin facilitating the proper administration of the compact or of any\nsupplementary agreement or agreements entered into by this state\nthereunder.\n  (c) The compact administrator may enter into supplementary agreements\nwith appropriate officials of other states pursuant to Articles VII and\nXI of the compact. In the event that supplementary agreements require or\ncontemplate the use of any facility of this state or require or\ncontemplate the provision of any service by this state, they shall not\nhave force or effect until approved by the head of the department or\nagency under whose jurisdiction said facility is operated or whose\ndepartment or agency will be charged with the rendering of service.\n  (d) The compact administrator, subject to the approval of the\ncomptroller, may make or arrange for payments necessary to discharge any\nfinancial obligations imposed upon this state by the compact or by any\nsupplementary agreement.\n  (e) Duly authenticated copies of this act shall, upon its approval, be\ntransmitted by the secretary of state to the governor of each state, the\nattorney general, and the secretary of state of the United States, and\nthe council of state governments.\n