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1 remain in full force and effect as to the remaining states and

2 in full force and effect as to the state affected as to all sever

3 able matters."

4 SEC. 3. Pursuant to this compact, the Commissioner of 5 the District of Columbia is hereby authorized and empowered

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to designate an officer who shall be the compact adminis7 trator and who, acting jointly with like officers of party 8 States, shall have power to promulgate rules and regula9 tions to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, 12 agencies, and officers of and in the government of the Dis13 trict of Columbia in facilitating the proper administration 14 of the compact or of any supplementary agreement or agree15 ments entered into by the District thereunder.

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SEC. 4. The compact administrator is hereby authorized 17 and empowered to enter into supplementary agreements with

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appropriate officials of party States pursuant to articles VII 19 and XI of the compact. In the event that such supplementary 20 agreements shall require or contemplate the use of any in21 stitution or facility of the District of Columbia or require or 22 contemplate the provision of any service by the District of 23 Columbia, no such agreement shall have force or effect until 24 approved by the head of the department or agency under 25 whose jurisdiction said institution or facility is operated or

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1 whose department or agency will be charged with the render

2 ing of such service.

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SEC. 5. The compact administrator, subject to the ap4 proval of the Commissioner or his designated agent, may

5 make or arrange for any payments necessary to discharge

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any financial obligations imposed upon the District of Colum7 bia by the compact or by any supplementary agreement 8 entered into thereunder.

9 SEC. 6. The compact administrator is hereby directed

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to consult with the immediate family of any proposed trans11 feree and, in the case of a proposed transferee from an insti12 tution in the District of Columbia to an institution in a party 13 State, to take no final action without approval of the Superior 14 Court of the District of Columbia.

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SEC. 7. Duly authorized copies of this Act shall, upon 16 its approval, be transmitted by the Commissioner or his desig17 nated agent to the Governor of each State, the Attorney 18 General and the Administrator of General Services of the 19 United States, and the Council of State Governments.

92D CONGRESS 1ST SESSION

H. R. 10344

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1971

Mr. LINK (for himself and Mr. HUNGATE) introduced the following bill; which was referred to the Committee on the District of Columbia

A BILL

To authorize the District of Columbia to enter into the Interstate Compact on Mental Health.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Interstate Compact on 4 Mental Health Act”.

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SEC. 2. The Commissioner of the District of Columbia 6 is hereby authorized to enter into and execute on behalf of 7 the District of Columbia an agreement with any State or

8 States legally joining therein in the form substantially as 9 follows:

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"THE INTERSTATE COMPACT ON MENTAL

HEALTH

"ARTICLE I-PURPOSE AND FINDINGS

"The party states find that the proper and expeditious 5 treatment of the mentally ill and mentally deficient can be 6 facilitated by cooperative action, to the benefit of the pa7 tients, their families, and society as a whole. Further, the

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party states find that the necessity of and desirability for 9 furnishing such care and treatment bears no primary rela10 tion to the residence or citizenship of the patient but that,

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on the contrary, the controlling factors of community safety

and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, 14 it is the purpose of this compact and of the party states

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to provide the necessary legal basis for the institutionaliza

tion or other appropriate care and treatment of the mentally

ill and mentally deficient under a system that recognizes

the paramount importance of patient welfare and to estab

lish the responsibilities of the party states in terms of such

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welfare.

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"ARTICLE II-DEFINITIONS

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"As used in this compact:

"(a) 'Sending state' shall mean a party state from

which

a patient is transported pursuant to the provisions of

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1 the compact or from which it is contemplated that a patient

[blocks in formation]

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"(b) Receiving state' shall mean a party state to which

4 a patient is transported pursuant to the provisions of the com5 pact or to which it is contemplated that a patient may be so 6 sent.

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"(c) 'Institution' shall mean any hospital or other facil8 ity maintained by a party state or political subdivision thereof 9 for the care and treatment of mental illness or mental 10 deficiency, and shall include Saint Elizabeth's Hospital in the 11 District of Columbia.

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"(d) 'Patient' shall mean any person subject to or eligi13 ble as determined by the laws of the sending state, for institu14 tionalization or other care, treatment, or supervision pursuant 15 to the provisions of this compact.

16 "(e) 'After-care' shall mean care, treatment and serv17 ices provided a patient, as defined herein, on convalescent 18 status or conditional release.

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"(f) 'Mental illness' shall mean mental disease to such 20 extent that a person so afflicted requires care and treatment 21 for his own welfare, or the welfare of others, or of the

22 community.

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"(g) 'Mental deficiency' shall mean mental deficiency

as defined by appropriate clinical authorities to such extent

25 that a person so afflicted is incapable of managing himself and

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