Okla. Stat. tit. 43A, § 43A-6-201

The Interstate Compact on Mental Health is hereby enacted into

law and entered into by this state with all other states legally

joining therein in the form substantially as follows: the

contracting states solemnly agree that:

ARTICLE I

The party states find that the proper and expeditious treatment

of the mentally ill and mentally deficient can be facilitated by

cooperative action, to the benefit of the consumers, 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

consumer but that, on the contrary, the controlling factors of

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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 consumer welfare and to establish the

responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

(a) “Sending state” shall mean a party state from which a

consumer is transported pursuant to the provisions of the compact or

from which it is contemplated that a consumer may be so sent.

(b) “Receiving state” shall mean a party state to which a

consumer is transported pursuant to the provisions of the compact or

to which it is contemplated that a consumer may be so sent.

(c) “Facility” shall mean 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.

(d) “Consumer” shall mean 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.

(e) “After-care” shall mean care, treatment and services

provided a consumer, 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 the

welfare of the person, 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 persons so

afflicted are incapable of managing themselves and their affairs,

but shall not include mental illness as defined herein.

(h) “State” shall mean any state, territory or possession of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

ARTICLE III

(a) 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

residence of the person, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the

contrary notwithstanding, any consumer may be transferred to a

facility in another state whenever there are factors based upon

clinical determinations indicating that the care and treatment of

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said consumer 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 full record of the

consumer with due regard for the location of the family of the

consumer, character of the illness and probable duration thereof,

and such other factors as shall be considered appropriate.
ereby. 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 full record of the

consumer with due regard for the location of the family of the

consumer, character of the illness and probable duration thereof,

and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any consumer pursuant

to the provisions of paragraph (b) of this article unless the

sending state has given advance notice of its intention to send the

consumer; furnished all available medical and other pertinent

records concerning the consumer; given the qualified medical or

other appropriate clinical authorities of the receiving state an

opportunity to examine the consumer if said authorities so wish; and

unless the receiving state shall agree to accept the consumer.

(d) In the event that the laws of the receiving state establish

a system of priorities for the admission of consumers, an interstate

consumer under this compact shall receive the same priority as a

local consumer and shall be taken in the same order and at the same

time that he would be taken if he were a local consumer.

(e) Pursuant to this compact, the determination as to the

suitable place of institutionalization for a consumer may be

reviewed at any time and such further transfer of the consumer may

be made as seems likely to be in the best interest of the consumer.

ARTICLE IV

(a) Whenever, pursuant to the laws of the state in which a

consumer is physically present, it shall be determined that the

consumer should receive aftercare 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 consumer in the sending state shall have

reason to believe that aftercare in another state would be in the

best interest of the consumer and would not jeopardize the public

safety, they shall request the appropriate authorities in the

receiving state to investigate the desirability of affording the

consumer such aftercare 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 intended place of residence of the consumer and the

identity of the person in whose charge it is proposed to place the

consumer, the complete medical history of the consumer, and such

other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities

having responsibility for the care and treatment of the consumer in

the sending state and the appropriate authorities in the receiving

state find that the best interest of the consumer would be served

thereby, and if the public safety would not be jeopardized thereby,

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the consumer may receive aftercare or supervision in the receiving

state.
ving responsibility for the care and treatment of the consumer in

the sending state and the appropriate authorities in the receiving

state find that the best interest of the consumer would be served

thereby, and if the public safety would not be jeopardized thereby,

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the consumer may receive aftercare or supervision in the receiving

state.

(c) In supervising, treating, or caring for a consumer on

aftercare, 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 consumers.

ARTICLE V

Whenever a dangerous or potentially dangerous consumer escapes

from an institution 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 consumer, the consumer shall be detained in

the state where found pending disposition in accordance with law.

ARTICLE VI

The duly-accredited officers of any state party to this compact,

upon the establishment of their authority and the identity of the

consumer, shall be permitted to transport any consumer being moved

pursuant to this compact through any and all states party to this

compact, without interference.

ARTICLE VII

(a) No person shall be deemed a consumer of more than one

facility at any given time. Completion of transfer of any consumer

to a facility in a receiving state shall have the effect of making

the person a consumer of the facility in the receiving state.

(b) The sending state shall pay all costs of and incidental to

the transportation of any consumer 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.

(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

responsibilities 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 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

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y provision of this compact.

(e) 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

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(a) Nothing in this compact shall be construed to abridge,

diminish, or in any way impair the rights, duties, and

responsibilities of any guardian of the consumer on behalf of the

guardian or in respect of any patient for whom the guardian may

serve, except that where the transfer of any consumer 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 consumer

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 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 serving as guardian in the sending

state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) 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 consumer.

ARTICLE IX

(a) 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.

(b) To every extent possible, it shall be the policy of states

party to this compact that no consumer shall be placed or detained

in any prison, jail or lockup, but such consumer shall, with all

expedition, be taken to a suitable facility for mental illness or

mental deficiency.

ARTICLE X

(a) Each party state shall appoint a “compact administrator”

who, on behalf of the state of the compact administrator, shall act

as general coordinator of activities under the compact in the state

of the compact administrator and who shall receive copies of all

reports, correspondence, and other documents relating to any

consumer processed under the compact by the state of the compact

administrator either in the capacity of sending or receiving state.

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The compact administrator or a duly designated representative shall

be the official with whom other party states shall deal in any

matter relating to the compact or any consumer processed thereunder.
to any

consumer processed under the compact by the state of the compact

administrator either in the capacity of sending or receiving state.

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The compact administrator or a duly designated representative shall

be the official with whom other party states shall deal in any

matter relating to the compact or any consumer 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

The duly constituted administrative authorities of any two or

more party states may 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 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

(a) A state party to this compact may withdraw therefrom by

enacting a statute repealing the same. Such withdrawal shall take

effect one (1) 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 consumer who has

been sent to said state or sent out of said state pursuant to the

provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII(b) 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 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 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

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.

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