CHAPTER 2. INTERSTATE COMPACT ON MENTAL HEALTH

IC 12-28-2
    Chapter 2. Interstate Compact on Mental Health

IC 12-28-2-1
Enactment and text of compact
    Sec. 1. The Interstate Compact on Mental Health is herebyenacted into law and entered into by this state with all other stateslegally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON MENTAL HEALTH

    The contracting states solemnly agree that:

Article 1.

    The party states find that the proper and expeditious treatment ofthe mentally ill and mentally deficient can be facilitated bycooperative action, to the benefit of the patients, their families, andsociety as a whole. Further the party states find that the necessity ofand desirability for furnishing such care and treatment bears noprimary relation to the residence or citizenship of the patient but that,on the contrary, the controlling factors of community safety andhumanitarianism require that facilities and services be madeavailable for all who are in need of them. Consequently, it is thepurpose of this compact and of the party states to provide thenecessary legal basis for the institutionalization or other appropriatecare and treatment of the mentally ill and mentally deficient under asystem that recognizes the paramount importance of patient welfareand to establish the responsibilities of the party states in terms ofsuch welfare.

Article 2.

    As used in this compact, the following terms have the followingmeanings:
        (a) "Sending state" means a party state from which a patient istransported pursuant to this compact or from which it iscontemplated that a patient may be so sent.
        (b) "Receiving state" means a party state to which a patient istransported pursuant to this compact or to which it iscontemplated that a patient may be so sent.
        (c) "Institution" means any hospital or other facility maintainedby a party state or political subdivision of a party state for thecare and treatment of mental illness or mental deficiency.
        (d) "Patient" means any person subject to or eligible asdetermined by the laws of the sending state, forinstitutionalization or other care, treatment, or supervisionpursuant to this compact.
        (e) "After-care" means care, treatment, and services provided apatient, as defined in this compact, on convalescent status orconditional release.
        (f) "Mental illness" means mental disease to the extent that aperson so afflicted requires care and treatment for that person'sown welfare, the welfare of others, or the welfare of thecommunity.
        (g) "Mental deficiency" means mental deficiency as defined by

appropriate clinical authorities to the extent that a person soafflicted is incapable of managing the person's self and theperson's affairs. However, the term does not include mentalillness as defined in this compact.
        (h) "State" means any state, territory, or possession of theUnited States, the District of Columbia, and the Commonwealthof Puerto Rico.
        (i) "Guardian" includes any guardian, trustee, legal committee,conservator, or other person or agency however denominatedwho is charged by law with the power to act for or exerciseresponsibility for the person or property of a patient.

Article 3.

    (a) Whenever a person physically present in any party state is inneed of institutionalization by reason of mental illness or mentaldeficiency, the person shall be eligible for care and treatment in aninstitution in that state irrespective of the person's residence,settlement, or citizenship qualifications.
    (b) Notwithstanding the provisions of paragraph (a) of this article,any patient may be transferred to an institution in another statewhenever there are factors based upon clinical determinationsindicating that the care and treatment of the patient would befacilitated or improved by this transfer. Any such institutionalizationmay be for the entire period of care and treatment or for any portionor portions of the care and treatment of the patient. The factorsreferred to in this paragraph shall include:
        (1) the patient's full record with due regard for the location ofthe patient's family;
        (2) the character of the illness and probable duration thereof;and
        (3) any other factors considered to be appropriate.
    (c) No state shall be obliged to receive any patient pursuant toparagraph (b) of this article unless the sending state has givenadvance notice of its intention to send the patient, furnished allavailable medical and other pertinent records concerning the patient,given the qualified medical or other appropriate clinical authoritiesof the receiving state an opportunity to examine the patient if saidauthorities so wish, and unless the receiving state agrees to accept thepatient.
    (d) If the laws of the receiving state establish a system ofpriorities for the admission of patients, an interstate patient underthis compact shall receive the same priority as a local patient andshall be taken in the same order and at the same time that he wouldbe taken if he were a local patient.
    (e) Pursuant to this compact, the determination as to the suitableplace of institutionalization for a patient may be reviewed at any timeand any further transfer of the patient may be made as seems likelyto be in the best interest of the patient.

Article 4.

    (a) Whenever, pursuant to the laws of the state in which a patientis physically present, it is determined that the patient should receive

after-care or supervision, such care or supervision may be providedin a receiving state. If the medical or other appropriate clinicalauthorities having responsibility for the care and treatment of thepatient in the sending state shall have reason to believe that after-carein another state would be in the best interest of the patient and wouldnot jeopardize the public safety, they shall request the appropriateauthorities in the receiving state to investigate the desirability ofaffording the patient such after-care in the receiving state, and suchinvestigation shall be made with all reasonable speed. The requestfor investigation shall be accompanied by complete informationconcerning the patient's intended place of residence and the identityof the person in whose charge it is proposed to place the patient, thecomplete medical history of the patient, and such other documents asmay be pertinent.
    (b) If the medical or other appropriate clinical authorities havingresponsibility for the care and treatment of the patient in the sendingstate and the appropriate authorities in the receiving state find thatthe best interest of the patient would be served, and if the publicsafety would not be jeopardized, the patient may receive after-careor supervision in the receiving state.
    (c) In supervising, treating, or caring for a patient on after-carepursuant to the terms of this article, a receiving state shall employ thesame standards of visitation, examination, care, and treatment that itemploys for similar local patients.

Article 5.

    Whenever a dangerous or potentially dangerous patient escapesfrom an institution in any party state, that state shall promptly notifyall appropriate authorities within and without the jurisdiction of theescape in a manner reasonably calculated to facilitate the speedyapprehension of the escapee. Immediately upon the apprehension andidentification of any such dangerous or potentially dangerous patient,the patient shall be detained in the state where found pendingdisposition in accordance with law.

Article 6.

    The duly accredited officers of any state party to this compact,upon the establishment of their authority and the identity of thepatient, shall be permitted to transport any patient being movedpursuant to this compact through any and all states party to thiscompact, without interference.

Article 7.

    (a) No person shall be deemed a patient of more than one (1)institution at any given time. Completion of transfer of any patient toan institution in a receiving state shall have the effect of making theperson a patient of the institution in the receiving state.
    (b) The sending state shall pay all costs of and incidental to thetransportation of any patient pursuant to this compact, but any two(2) or more party states may, by making a specific agreement for thatpurpose, arrange for a different allocation of costs as amongthemselves.
    (c) Nothing in this compact may be construed to alter or affect any

internal relationships among the departments, agencies, and officersof and in the government of a party state, or between a party stateand its subdivisions as to the payment of costs or responsibilities forthe costs.
    (d) Nothing in this compact may be construed to prevent any partystate or subdivision of a party state from asserting any right againstany person, agency, or other entity in regard to costs for which suchparty state or subdivision may be responsible pursuant to thiscompact.
    (e) Nothing in this compact may be construed to invalidate anyreciprocal agreement between a party state and a non-party staterelating to institutionalization, care, or treatment of the mentally illor mentally deficient, or any statutory authority pursuant to whichthose agreements may be made.

Article 8.

    Nothing in this compact may be construed to abridge, diminish,or in any way impair the rights, duties, and responsibilities of anypatient's guardian on the guardian's own behalf or in respect of anypatient for whom a guardian may serve, except that where thetransfer of any patient to another jurisdiction makes advisable theappointment of a supplemental or substitute guardian, any court ofcompetent jurisdiction in the receiving state may make suchsupplemental or substitute appointment and the court whichappointed the previous guardian shall upon being duly advised of thenew appointment, and upon the satisfactory completion of suchaccounting and other acts as such court may by law require, relievethe previous guardian of power and responsibility to whatever extentshall be appropriate in the circumstances. However, in the case ofany patient having settlement in the sending state, the court ofcompetent jurisdiction in the sending state shall have the solediscretion to relieve a guardian appointed by the court or continuethe guardian's power and responsibility, whichever the courtdetermines is advisable. The court in the receiving state may, in itsdiscretion, confirm or reappoint the person or persons previouslyserving as guardian in the sending state instead of making asupplemental or substitute appointment.

Article 9.

    (a) No provision of this compact except Article 5 shall apply toany person institutionalized:
        (1) while under sentence in a penal or correctional institution;
        (2) while subject to trial on a criminal charge; or
        (3) whose institutionalization is due to the commission of anoffense for which, in the absence of mental illness or mentaldeficiency, the person would be subject to incarceration in apenal or correctional institution.
    (b) To every extent possible, it shall be the policy of states partyto this compact that no patient shall be placed or detained in anyprison, jail, or lock-up, but the patient shall, with all expedition, betaken to a suitable institutional facility for mental illness or mentaldeficiency.

Article 10.

    (a) Each party state shall appoint a compact administrator who, onbehalf of the state, shall act as general coordinator of activities underthe compact in that state and who shall receive copies of all reports,correspondence, and other documents relating to any patientprocessed under the compact by that state either in the capacity ofsending or receiving state. The compact administrator or theadministrator's duly designated representative shall be the officialwith whom other party states shall deal in any manner relating to thecompact or any patient processed thereunder.
    (b) The compact administrators of the respective party states shallhave power to promulgate reasonable rules and regulations to carryout more effectively the terms and provisions of this compact.

Article 11.

    (a) The duly constituted administrative authorities of any two (2)or more party states may enter into supplementary agreements for theprovision of any service or facility or for the maintenance of anyinstitution on a joint or cooperative basis whenever the statesconcerned shall find that such agreements will improve services,facilities, or institutional care and treatment in the fields of mentalillness or mental deficiency.
    (b) No such supplementary agreement shall be construed so as torelieve any party state of any obligation which it otherwise wouldhave under other provisions of this compact.

Article 12.

    This compact shall enter into full force and effect as to any statewhen enacted by the state into law and the state shall thereafter be aparty to the compact with any and all states legally joining in thecompact.

Article 13.

    (a) A state party to this compact may withdraw from the compactby enacting a statute repealing the compact. Such withdrawal shalltake effect one (1) year after notice of the withdrawal has beencommunicated officially and in writing to the governors and compactadministrators of all other party states. However, the withdrawal ofany state shall not change the status of any patient who has been sentto that state or sent out of that state pursuant to this compact.
    (b) Withdrawal from any agreement permitted by Article 7(b) asto costs or from any supplementary agreement made pursuant toArticle 11 shall be in accordance with the terms of that agreement.

Article 14.

    (a) This compact shall be liberally construed so as to effectuatethe purposes thereof.
    (b) The provisions of this compact are severable and if anyphrase, clause, sentence, or provision of this compact is declared tobe contrary to the constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person,or circumstance is held invalid the validity of the remainder of thiscompact and the applicability thereof to any government, agency,person, or circumstance shall not be affected thereby.    (c) If this compact is held contrary to the constitution of any stateparty to the compact, the compact shall remain in full force andeffect as to the remaining states and in full force and effect as to thestate affected as to all severable matters.
As added by P.L.2-1992, SEC.22.

IC 12-28-2-2
Compact administrator; rules; cooperation
    Sec. 2. (a) Pursuant to the compact described in section 1 of thischapter, the director or a person authorized to act on behalf of thedirector shall perform the duties of compact administrator.
    (b) The compact administrator may, acting jointly with likeofficers of other party states, adopt rules to carry out more effectivelythe terms of the compact.
    (c) The compact administrator shall cooperate with alldepartments, agencies, and officers of the state and subdivisions ofthe state in facilitating the proper administration of the compact orof any supplementary agreement entered into by Indiana under thecompact.
As added by P.L.2-1992, SEC.22.

IC 12-28-2-3
Supplementary agreements
    Sec. 3. The compact administrator may enter into supplementaryagreements with appropriate officials of other states pursuant toarticles 7 and 11 of the compact. If a supplementary agreementrequires or contemplates:
        (1) the use of an institution or a facility of Indiana; or
        (2) the provision of any service by Indiana;
the agreement does not have force or effect until approved by thehead of the department or agency under whose jurisdiction theparticular institution or facility is operated or whose department oragency will be charged with provision of the service.
As added by P.L.2-1992, SEC.22.

IC 12-28-2-4
Financial obligations; discharge
    Sec. 4. The compact administrator may, subject to the approval ofthe chief state fiscal officer, make or arrange for any paymentsnecessary to discharge any financial obligations imposed uponIndiana by the compact or by a supplementary agreement.
As added by P.L.2-1992, SEC.22.