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Session Laws, 1982
Volume 742, Page 639   View pdf image
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HARRY HUGHES, Governor

639

(2)  "RECEIVING STATE" SHALL MEAN A PARTY STATE TO
WHICH A PATIENT IS TRANSPORTED PURSUANT TO THE PROVISIONS OF
THE COMPACT OR TO WHICH IT IS CONTEMPLATED THAT A PATIENT
MAY BE SO SENT.

(3)  "INSTITUTION" 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.

(4)  "PATIENT" 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.

(5)  "AFTER-CARE" SHALL MEAN CARE, TREATMENT AND
SERVICES PROVIDED A PATIENT, AS DEFINED HEREIN, ON
CONVALESCENT STATUS OR CONDITIONAL RELEASE.

(6)  "MENTAL ILLNESS" SHALL MEAN MENTAL DISEASE TO SUCH
EXTENT THAT A PERSON SO AFFLICTED REQUIRES CARE AND
TREATMENT FOR HIS OWN WELFARE, OR THE WELFARE OF OTHERS, OR
OF THE COMMUNITY.

(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

(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 DETERMINATIONS INDICATING THAT
THE CARE AND TREATMENT OF SAID PATIENT 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 PATIENT'S FULL RECORD WITH
DUE REGARD FOR THE LOCATION OF THE PATIENT'S FAMILY,
CHARACTER OF THE ILLNESS AND PROBABLE DURATION THEREOF, AND

 

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Session Laws, 1982
Volume 742, Page 639   View pdf image
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