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Session Laws, 1963
Volume 671, Page 363   View pdf image (33K)
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J. MILLARD TAWES, Governor                      365

(7)  "Mental deficiency" shall mean mental deficiency as defined by
appropriate clinical authorities to such extent that a person so
afflicted is incapable of managing himself and his affairs, but shall
not include mental illness as defined herein.

(8)  "State" shall mean any state, territory or possession of the
United States, the District of Columbia, and the Commonwealth of
Puerto Rico,

Article III

323.

"(a) Whenever a person physically present in any party state shall
be in need of institutionalization by reason of mental illness or mental
deficiency, he shall be eligible for care and treatment in an institution
in that state irrespective of his residence, settlement or citizenship
qualifications.

(b)  The provisions of paragraph (a) of this article to the contrary
notwithstanding, any patient may be transferred to an institution in
another state whenever there are factors based upon clinical de-
terminations indicating that the care and treatment of said patient
would be facilitated or improved thereby. Any such institutionaliza-
tion may be for the entire period of care and treatment or for any
portion or portions thereof. The factors referred to in this para-
graph shall include the patient's full record with due regard for the
location of the patient's family, character of the illness and probable
duration thereof, and such other factors as shall be considered ap-
propriate.

(c)  No state shall be obliged to receive any patient pursuant to
the provisions of paragraph (b) of this article unless the sending
state has given advance notice of its intention to send the patient;
furnished all available medical and other pertinent records concern-
ing the patient; given the qualified medical or other appropriate
clinical authorities of the receiving state an opportunity to examine
the patient if said authorities so wish; and unless the receiving state
shall agree to accept the patient.

(d)  In the event that the laws of the receiving state establish a
system of priorities for the admission of patients, an interstate
patient under this compact shall receive the same priority as a local
patient and shall be taken in the same order and at the same time that
he would be taken if he were a local patient.

(e)  Pursuant to this compact, the determination as to the suitable
place of institutionalization for a patient may be reviewed at any time
any such further transfer of the patient may be made as seems likely
to be in the best interest of the patient.

Article IV
324

(a) "Whenever, pursuant to the laws of the state in which a patient
is physically present, it shall be determined that the patient should
receive after-care 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 patient in the sending state shall have reason to believe that


 

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Session Laws, 1963
Volume 671, Page 363   View pdf image (33K)
 Jump to  
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