New York Mental Hygiene Code § 67.07

Interstate compact
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§ 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 appropriat

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