State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-69 > 23-69-2

SECTION 23-69-2

   § 23-69-2  New England compact oninvoluntary detention for tuberculosis control. – The New England compact on involuntary detention for tuberculosis control,hereinafter called "the compact", is hereby enacted into law and entered intowith all other jurisdictions legally joining therein, in the form substantiallyas follows:

   ARTICLE I.

   PURPOSE AND POLICY

   The purposes of this compact are to:

   (1) Promote the communicable disease health protection of thepublic and individuals within the party states.

   (2) Provide mutual aid and assistance in communicable diseasematters, specifically tuberculosis control, through the utilization of regionalcenters for the involuntary detention of persons with tuberculosis who will notaccept treatment and therefore pose a threat to the health of the public.

   (3) Encourage and facilitate the efficient use of personnel,equipment and physical plants by furthering the orderly acquisition and sharingof resources useful for programs of tuberculosis control.

   ARTICLE II.

   ENACTMENT

   This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw.

   ARTICLE III.

   DUTIES OF STATES

   (a) It shall be the duty of each party state to formulate andput into effect an intrastate procedure for the legal detention of persons withtuberculosis refusing treatment which is compatible with the interstatetuberculosis control plan formulated pursuant to this compact.

   (b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid which is consonant with the maintenance and protection of its ownpeople. The compact administrator of a party state may delegate any or all ofhis or her authority to request aid or respond to requests for aid pursuant tothis compact to one (1) or more subordinates, in order that requests for aidand responses thereto shall not be impeded by the reason of absence orunavailability of the compact administrator. Any compact administrator makingsuch a delegation shall inform all the other compact administrators thereof,and also shall inform them of the identity of the subordinate or subordinatesto whom delegation has been made.

   (c) Each party state shall maintain adequate tuberculosiscontrol personnel and infrastructure to meet normal demands for tuberculosiscontrol within its borders.

   (d) Each party state shall ensure that any Rhode Islandresident treated pursuant to this compact be provided all protections containedin R.I.G.L. 23-10-6.

   ARTICLE IV.

   LIABILITY

   (a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.

   (b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.

   (c) All liability that may arise either under the laws of therequesting state or under the laws of the abiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.

   (d) Any party state rendering aid to provide involuntarydetention for tuberculosis control shall be reimbursed by the party statereceiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation and maintenance of employees and equipment incurredin connection with such request; provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from donating such services to the receiving party state withoutcharge or cost.

   (e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased employees in case employees sustain injuries,contract disease or are killed while rendering aid pursuant to this compact, inthe same manner and on the same terms as if the injury, disease or death weresustained within the state for or in which the employee was regularly employed.

   ARTICLE V.

   FACILITIES, EQUIPMENT AND PERSONNEL

   (a) In recognition of the mutual benefits, in addition tothose resulting from Article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to tuberculosis control, such personnel maybe made available to a party state by appropriate departments of other partystates: provided that the borrower reimburses such party state regularlyemploying the personnel in question for any cost of making such personnelavailable, including a prorated share of the salary or other compensation ofthe personnel involved.

   (b) Nothing in this article shall be construed to limit ormodify in any way the provisions of article IV of this compact.

   ARTICLE VI.

   COMPACT ADMINISTRATORS

   Each party state shall have a compact administrator who shallbe the head of the state agency responsible for tuberculosis control, and who:

   (1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.

   (2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate tuberculosiscontrol involuntary detention plan; consider such other matters as may beappropriate in connection with programs of cooperation in the field oftuberculosis control and allied areas of common interest; and formulateprocedures for claims and reimbursement under the provisions of article IV.

   ARTICLE VII.

   OTHER RESPONSIBILITIES AND ACTIVITIES

   Nothing in this compact shall be construed to:

   (1) Authorize or permit any party state to curtail ordiminish its tuberculosis control program, equipment, services or facilities.

   (2) Limit or restrict the powers of any state ratifying thesame to provide tuberculosis control to protect the health of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide such tuberculosis control.

   (3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.

   ARTICLE VIII.

   WITHDRAWAL

   Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until one(1) year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of the other party states. Nowithdrawal shall affect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal.

   ARTICLE IX.

   CONSTRUCTION AND SEVERABILITY

   It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-69 > 23-69-2

SECTION 23-69-2

   § 23-69-2  New England compact oninvoluntary detention for tuberculosis control. – The New England compact on involuntary detention for tuberculosis control,hereinafter called "the compact", is hereby enacted into law and entered intowith all other jurisdictions legally joining therein, in the form substantiallyas follows:

   ARTICLE I.

   PURPOSE AND POLICY

   The purposes of this compact are to:

   (1) Promote the communicable disease health protection of thepublic and individuals within the party states.

   (2) Provide mutual aid and assistance in communicable diseasematters, specifically tuberculosis control, through the utilization of regionalcenters for the involuntary detention of persons with tuberculosis who will notaccept treatment and therefore pose a threat to the health of the public.

   (3) Encourage and facilitate the efficient use of personnel,equipment and physical plants by furthering the orderly acquisition and sharingof resources useful for programs of tuberculosis control.

   ARTICLE II.

   ENACTMENT

   This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw.

   ARTICLE III.

   DUTIES OF STATES

   (a) It shall be the duty of each party state to formulate andput into effect an intrastate procedure for the legal detention of persons withtuberculosis refusing treatment which is compatible with the interstatetuberculosis control plan formulated pursuant to this compact.

   (b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid which is consonant with the maintenance and protection of its ownpeople. The compact administrator of a party state may delegate any or all ofhis or her authority to request aid or respond to requests for aid pursuant tothis compact to one (1) or more subordinates, in order that requests for aidand responses thereto shall not be impeded by the reason of absence orunavailability of the compact administrator. Any compact administrator makingsuch a delegation shall inform all the other compact administrators thereof,and also shall inform them of the identity of the subordinate or subordinatesto whom delegation has been made.

   (c) Each party state shall maintain adequate tuberculosiscontrol personnel and infrastructure to meet normal demands for tuberculosiscontrol within its borders.

   (d) Each party state shall ensure that any Rhode Islandresident treated pursuant to this compact be provided all protections containedin R.I.G.L. 23-10-6.

   ARTICLE IV.

   LIABILITY

   (a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.

   (b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.

   (c) All liability that may arise either under the laws of therequesting state or under the laws of the abiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.

   (d) Any party state rendering aid to provide involuntarydetention for tuberculosis control shall be reimbursed by the party statereceiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation and maintenance of employees and equipment incurredin connection with such request; provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from donating such services to the receiving party state withoutcharge or cost.

   (e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased employees in case employees sustain injuries,contract disease or are killed while rendering aid pursuant to this compact, inthe same manner and on the same terms as if the injury, disease or death weresustained within the state for or in which the employee was regularly employed.

   ARTICLE V.

   FACILITIES, EQUIPMENT AND PERSONNEL

   (a) In recognition of the mutual benefits, in addition tothose resulting from Article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to tuberculosis control, such personnel maybe made available to a party state by appropriate departments of other partystates: provided that the borrower reimburses such party state regularlyemploying the personnel in question for any cost of making such personnelavailable, including a prorated share of the salary or other compensation ofthe personnel involved.

   (b) Nothing in this article shall be construed to limit ormodify in any way the provisions of article IV of this compact.

   ARTICLE VI.

   COMPACT ADMINISTRATORS

   Each party state shall have a compact administrator who shallbe the head of the state agency responsible for tuberculosis control, and who:

   (1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.

   (2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate tuberculosiscontrol involuntary detention plan; consider such other matters as may beappropriate in connection with programs of cooperation in the field oftuberculosis control and allied areas of common interest; and formulateprocedures for claims and reimbursement under the provisions of article IV.

   ARTICLE VII.

   OTHER RESPONSIBILITIES AND ACTIVITIES

   Nothing in this compact shall be construed to:

   (1) Authorize or permit any party state to curtail ordiminish its tuberculosis control program, equipment, services or facilities.

   (2) Limit or restrict the powers of any state ratifying thesame to provide tuberculosis control to protect the health of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide such tuberculosis control.

   (3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.

   ARTICLE VIII.

   WITHDRAWAL

   Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until one(1) year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of the other party states. Nowithdrawal shall affect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal.

   ARTICLE IX.

   CONSTRUCTION AND SEVERABILITY

   It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-69 > 23-69-2

SECTION 23-69-2

   § 23-69-2  New England compact oninvoluntary detention for tuberculosis control. – The New England compact on involuntary detention for tuberculosis control,hereinafter called "the compact", is hereby enacted into law and entered intowith all other jurisdictions legally joining therein, in the form substantiallyas follows:

   ARTICLE I.

   PURPOSE AND POLICY

   The purposes of this compact are to:

   (1) Promote the communicable disease health protection of thepublic and individuals within the party states.

   (2) Provide mutual aid and assistance in communicable diseasematters, specifically tuberculosis control, through the utilization of regionalcenters for the involuntary detention of persons with tuberculosis who will notaccept treatment and therefore pose a threat to the health of the public.

   (3) Encourage and facilitate the efficient use of personnel,equipment and physical plants by furthering the orderly acquisition and sharingof resources useful for programs of tuberculosis control.

   ARTICLE II.

   ENACTMENT

   This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw.

   ARTICLE III.

   DUTIES OF STATES

   (a) It shall be the duty of each party state to formulate andput into effect an intrastate procedure for the legal detention of persons withtuberculosis refusing treatment which is compatible with the interstatetuberculosis control plan formulated pursuant to this compact.

   (b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid which is consonant with the maintenance and protection of its ownpeople. The compact administrator of a party state may delegate any or all ofhis or her authority to request aid or respond to requests for aid pursuant tothis compact to one (1) or more subordinates, in order that requests for aidand responses thereto shall not be impeded by the reason of absence orunavailability of the compact administrator. Any compact administrator makingsuch a delegation shall inform all the other compact administrators thereof,and also shall inform them of the identity of the subordinate or subordinatesto whom delegation has been made.

   (c) Each party state shall maintain adequate tuberculosiscontrol personnel and infrastructure to meet normal demands for tuberculosiscontrol within its borders.

   (d) Each party state shall ensure that any Rhode Islandresident treated pursuant to this compact be provided all protections containedin R.I.G.L. 23-10-6.

   ARTICLE IV.

   LIABILITY

   (a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.

   (b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.

   (c) All liability that may arise either under the laws of therequesting state or under the laws of the abiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.

   (d) Any party state rendering aid to provide involuntarydetention for tuberculosis control shall be reimbursed by the party statereceiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation and maintenance of employees and equipment incurredin connection with such request; provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from donating such services to the receiving party state withoutcharge or cost.

   (e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased employees in case employees sustain injuries,contract disease or are killed while rendering aid pursuant to this compact, inthe same manner and on the same terms as if the injury, disease or death weresustained within the state for or in which the employee was regularly employed.

   ARTICLE V.

   FACILITIES, EQUIPMENT AND PERSONNEL

   (a) In recognition of the mutual benefits, in addition tothose resulting from Article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to tuberculosis control, such personnel maybe made available to a party state by appropriate departments of other partystates: provided that the borrower reimburses such party state regularlyemploying the personnel in question for any cost of making such personnelavailable, including a prorated share of the salary or other compensation ofthe personnel involved.

   (b) Nothing in this article shall be construed to limit ormodify in any way the provisions of article IV of this compact.

   ARTICLE VI.

   COMPACT ADMINISTRATORS

   Each party state shall have a compact administrator who shallbe the head of the state agency responsible for tuberculosis control, and who:

   (1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.

   (2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate tuberculosiscontrol involuntary detention plan; consider such other matters as may beappropriate in connection with programs of cooperation in the field oftuberculosis control and allied areas of common interest; and formulateprocedures for claims and reimbursement under the provisions of article IV.

   ARTICLE VII.

   OTHER RESPONSIBILITIES AND ACTIVITIES

   Nothing in this compact shall be construed to:

   (1) Authorize or permit any party state to curtail ordiminish its tuberculosis control program, equipment, services or facilities.

   (2) Limit or restrict the powers of any state ratifying thesame to provide tuberculosis control to protect the health of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide such tuberculosis control.

   (3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.

   ARTICLE VIII.

   WITHDRAWAL

   Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until one(1) year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of the other party states. Nowithdrawal shall affect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal.

   ARTICLE IX.

   CONSTRUCTION AND SEVERABILITY

   It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.