An Act to authorize the District of Columbia to enter into the interstate compact on mental health
PL 92-280 (H.R.10344), enacted 04/26/1972

126 
PUBLIC LAW Q2-280-APR..26, 1972 
[86 STAT. 
Public Law 92-280 
April 26, 1972 
AN ACT 
[H. R. 10344] 
To authorize the District of Columbia to enter into the Interstate Compact 
on Mental Health. 
Be it enacted hy the Senate and House of RepreHentaticeH of the 
Interstate Com- United States of America in Congress assembled, That this Act may 
Heaith^Acl? ^ 
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© clted as tlie "Interstate Compact on Mental Health Act*'. 
SEC. 2. The Commissioner 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 follows: 
"THE IXTEKSTATE 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 coopera-
tive action, to the benefit of the patients, their families, and society as 
a whoV. 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 
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contrary, the controlling factors of community safety and humanitar-
ianism require that facilities and services be made available for all 
who ate in need of them. Consequently, it is the purpose of this com-
pact 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 
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paramount importance of patient welfare and to establish the respon-
sibilities 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 main-
tained 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 deter-
mined 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. 
86 STAT.] 
PUBLIC LAW 9 2 - 2 8 0 - A P R , 26, 1972 
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"(h) 'State' shall mean any state, territory or possession of the 
United States, the District of Columbia, and the Commonwealth of 
Puerto Eico. 
"ARTICLE III—ELIGIBILITY AND PLACEMENT or 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 con- 
_ 
trary notwithstanding, any patient may be transferred to an insti-
tution 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 institutionaliza-
tion 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 loca-
tion of the patient's family, character of the illness and probable 
duration thereof, and such other factors as shall be considered appro-
priate. 
" (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 responsibilitv 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 desira-
bility 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 informa-
tion concerning the patient's intended place of residence and the 
identity of the person in w^hose 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 clinicarauthorities having 
responsibility for the care and treatment of the patient in the sending 
128 
. PUBLIC LAW 92-280-APR. 26, 1972 
[86 STAT. 
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 or DANGEROUS OR POTENTIALLY 
DANGEROUS PATIENTS 
"Whenever a dangerous or potentially dangerous patient escapes 
from an institution in any part^ 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 disposi-
tion 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 pur-
suant 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 institu-
tion 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 pur-
pose, 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 respon-
sibilities 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-parity 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, dimin-
ish, 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 
86 STAT. ] 
PUBLIC LAW 92-280-APR. 26, 1972 
129 
another jurisdiction makes advisable the appointment of a supple-
mental 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 circum-
stances: Provided, hoicevet\ 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 pruardiaii 
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 serv-
ing as guardian in the sending state in lieu of making a supplemental 
or substitute appointment. 
"(b) The term 'guardian' as used in paragraj)h (a) of this article 
shall include any guardian, trustee, legal committee, conservator, or 
other person or agency however denominated w^ho is charged by law 
with power to act for or responsibility for the person or property of a 
patient. 
"ARTICLE IX—INAPPLICABILITY or COMPACT TO PERSONS SUBJECT TO 
PENAL SENTENCE; POLICY AGAINST PLACEMENT OF PATIENTS IN 
PRISONS OR JAILS 
''(a) Xo provision of this compact except Article V shall apply to 
any person institutionalized while under sentence in a penal or correc-
tional 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, 
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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 des-
ignated 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 provi-
sion of any service or facility or for the maintenance of any institution 
on a joint or cooperative basis whenever the states concerned shall find 
130 
PUBLIC LAW 92-280-APR. 26, 1972 
[86 STAT. 
Compact 
administrator, 
designation. 
D.C. govern-
ment, cooperation. 
Supplementary 
agreements. 
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 X I I 
(b) as to costs or from any supplementary agreement made pursuant 
to Article X I 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 gov-
ernment, 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." 
SEC. 3. Pursuant to this compact, the Commissioner of the District 
of Columbia is hereby authorized and empowered to designate an 
officer who shall be the compact administrator and who, 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 coiiipact 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. 
SEC. 4. 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 juris-
diction said institution or facility is operated or whose department or 
agency will be charged with the rendering of such service. 
86 STAT.] 
PUBLIC LAW 9 2 - 2 8 1 - A P R . 26, 1972 
1^1 
SEC. 5. The compact administrator, subject to the approval of the 
Pay^^n^s. 
Commissioner 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. 
SEC. 6. The compact administrator is hereby directed to consult with i^^J°s°^^'^ trans-
the immediate family of any proposed transferee and, in the case of 
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; 
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. 
SEC. 7. Duly authorized copies of this Act shall, upon its approval, di^°Hbuaon^'^*' 
be transmitted by the Commissioner 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. 
Approved April 26, 1972. 
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: ,
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Public Law 92-281 
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" 
AN ACT 
, 
., ,, ,„,, 
April 2 6 , 1972 
To authorize the Commissioner of the District of Columbia to enter into agree- 
[H. R. 9395] 
ments with teachers and other employees of the Board of Education of the 
District of Columbia for the purchase of annuitj' contracts. 
D.C. teachers. 
Tax-sheltered 
Be it enacted hy the Senate and House of Represe^itatives 
of the 
United States of America in Congress assembled, That (a) notwith-
standing the provisions of section 1 of the District of Columbia Teach- annuuy program 
ers' Salary Act of 1955 (D.C. Code, sec. 31-1501), and of any other g/staf^ass^^' 
law, or regulation affecting the salary of teachers or school officers 
employed in the service of the public schools of the District of Colum- 
' 
bia, the Commissioner of the District of Columbia 
(hereinafter 
referred to as the "Commissioner") is authorized to enter into an 
agreement with a teacher or school officer to reduce the salary of that 
teacher or school officer by an amount requested by that teacher or 
school officer, and to contribute that amount for the purchase of an 
annuity contract described in section 403(b) of the Internal Revenue 
Code of 1954 (relating to the taxability of beneficiaries of annuity 
^2 stat. 1620. 
plans) for that teacher or school officiaL 
(b) The reduction in salary effected under an agreement author-
ized by this Act shall not be considered in computing the salary for 
r 
any teacher or school officer for any other purpose including, but not 
limited to, the determination of benefits or contributions under 
chapters 81 (relating to workmen's compensation) and 87 (relating 
to life insurance) of title 5 of the United States Code. 
svoi"^^ ^^°^' 
SEC. 2. The Commissioner shall prescribe such regulations as he 
Regulations. 
deems necessary to carry out the purposes of this Act. 
SEC. 3. For the purposes of this Act, the term "teacher or school schJoromceT." 
officer" includes all teachers, school officers, and other employees of 
the Board of Education of the District of Columbia who receive com-
pensation according to the salary schedules under section 1 of the 
District of Columbia Teachers' Salary Act of 1955, and to whom the 
provisions of the Act entitled "An Act for the retirement of public 
school teachers in the District of Columbia", approved August 7, 1946 
(D.C. Code, sec. 31-721 et seq.) are applicable. 
so stat. 875; 
SEC. 4. This Act shall apply with respect to any pay period of any ^'E^fec'tive^date 
teacher or school officer beginning on or after the one hundred and 
eightieth day after the date of enactment of this Act. 
Approved April 26, 1972.