{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-6-201","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-6-201","heading":"Enactment of compact - Text","body":"The Interstate Compact on Mental Health is hereby enacted into\n\nlaw and entered into by this state with all other states legally\n\njoining therein in the form substantially as follows: the\n\ncontracting states solemnly agree that:\n\nARTICLE I\n\nThe party states find that the proper and expeditious treatment\n\nof the mentally ill and mentally deficient can be facilitated by\n\ncooperative action, to the benefit of the consumers, their families,\n\nand society as a whole. Further, the party states find that the\n\nnecessity of and desirability for furnishing such care and treatment\n\nbears no primary relation to the residence or citizenship of the\n\nconsumer but that, on the contrary, the controlling factors of\n\ncommunity safety and humanitarianism require that facilities and\n\nservices be made available for all who are in need of them.\n\nConsequently, it is the purpose of this compact and of the party\n\nstates to provide the necessary legal basis for the\n\ninstitutionalization or other appropriate care and treatment of the\n\nmentally ill and mentally deficient under a system that recognizes\n\nthe paramount importance of consumer welfare and to establish the\n\nresponsibilities of the party states in terms of such welfare.\n\nARTICLE II\n\nAs used in this compact:\n\n(a) “Sending state” shall mean a party state from which a\n\nconsumer is transported pursuant to the provisions of the compact or\n\nfrom which it is contemplated that a consumer may be so sent.\n\n(b) “Receiving state” shall mean a party state to which a\n\nconsumer is transported pursuant to the provisions of the compact or\n\nto which it is contemplated that a consumer may be so sent.\n\n(c) “Facility” shall mean any hospital or other facility\n\nmaintained by a party state or political subdivision thereof for the\n\ncare and treatment of mental illness or mental deficiency.\n\n(d) “Consumer” shall mean any person subject to or eligible as\n\ndetermined by the laws of the sending state, for\n\ninstitutionalization or other care, treatment, or supervision\n\npursuant to the provisions of this compact.\n\n(e) “After-care” shall mean care, treatment and services\n\nprovided a consumer, as defined herein, on convalescent status or\n\nconditional release.\n\n(f) “Mental illness” shall mean mental disease to such extent\n\nthat a person so afflicted requires care and treatment for the\n\nwelfare of the person, or the welfare of others, or of the\n\ncommunity.\n\n(g) “Mental deficiency” shall mean mental deficiency as defined\n\nby appropriate clinical authorities to such extent that persons so\n\nafflicted are incapable of managing themselves and their affairs,\n\nbut shall not include mental illness as defined herein.\n\n(h) “State” shall mean any state, territory or possession of the\n\nUnited States, the District of Columbia, and the Commonwealth of\n\nPuerto Rico.\n\nARTICLE III\n\n(a) Whenever a person physically present in any party state\n\nshall be in need of institutionalization by reason of mental illness\n\nor mental deficiency, the person shall be eligible for care and\n\ntreatment in an institution in that state irrespective of the\n\nresidence of the person, settlement or citizenship qualifications.\n\n(b) The provisions of paragraph (a) of this article to the\n\ncontrary notwithstanding, any consumer may be transferred to a\n\nfacility in another state whenever there are factors based upon\n\nclinical determinations indicating that the care and treatment of\n\nsaid consumer would be facilitated or improved thereby. Any such\n\ninstitutionalization may be for the entire period of care and\n\ntreatment or for any portion or portions thereof. The factors\n\nreferred to in this paragraph shall include the full record of the\n\nconsumer with due regard for the location of the family of the\n\nconsumer, character of the illness and probable duration thereof,\n\nand such other factors as shall be considered appropriate.\nereby. Any such\n\ninstitutionalization may be for the entire period of care and\n\ntreatment or for any portion or portions thereof. The factors\n\nreferred to in this paragraph shall include the full record of the\n\nconsumer with due regard for the location of the family of the\n\nconsumer, character of the illness and probable duration thereof,\n\nand such other factors as shall be considered appropriate.\n\n(c) No state shall be obliged to receive any consumer pursuant\n\nto the provisions of paragraph (b) of this article unless the\n\nsending state has given advance notice of its intention to send the\n\nconsumer; furnished all available medical and other pertinent\n\nrecords concerning the consumer; given the qualified medical or\n\nother appropriate clinical authorities of the receiving state an\n\nopportunity to examine the consumer if said authorities so wish; and\n\nunless the receiving state shall agree to accept the consumer.\n\n(d) In the event that the laws of the receiving state establish\n\na system of priorities for the admission of consumers, an interstate\n\nconsumer under this compact shall receive the same priority as a\n\nlocal consumer and shall be taken in the same order and at the same\n\ntime that he would be taken if he were a local consumer.\n\n(e) Pursuant to this compact, the determination as to the\n\nsuitable place of institutionalization for a consumer may be\n\nreviewed at any time and such further transfer of the consumer may\n\nbe made as seems likely to be in the best interest of the consumer.\n\nARTICLE IV\n\n(a) Whenever, pursuant to the laws of the state in which a\n\nconsumer is physically present, it shall be determined that the\n\nconsumer should receive aftercare or supervision, such care or\n\nsupervision may be provided in a receiving state. If the medical or\n\nother appropriate clinical authorities having responsibility for the\n\ncare and treatment of the consumer in the sending state shall have\n\nreason to believe that aftercare in another state would be in the\n\nbest interest of the consumer and would not jeopardize the public\n\nsafety, they shall request the appropriate authorities in the\n\nreceiving state to investigate the desirability of affording the\n\nconsumer such aftercare in said receiving state, and such\n\ninvestigation shall be made with all reasonable speed. The request\n\nfor investigation shall be accompanied by complete information\n\nconcerning the intended place of residence of the consumer and the\n\nidentity of the person in whose charge it is proposed to place the\n\nconsumer, the complete medical history of the consumer, and such\n\nother documents as may be pertinent.\n\n(b) If the medical or other appropriate clinical authorities\n\nhaving responsibility for the care and treatment of the consumer in\n\nthe sending state and the appropriate authorities in the receiving\n\nstate find that the best interest of the consumer would be served\n\nthereby, and if the public safety would not be jeopardized thereby,\n\nthe consumer may receive aftercare or supervision in the receiving\n\nstate.\nving responsibility for the care and treatment of the consumer in\n\nthe sending state and the appropriate authorities in the receiving\n\nstate find that the best interest of the consumer would be served\n\nthereby, and if the public safety would not be jeopardized thereby,\n\nthe consumer may receive aftercare or supervision in the receiving\n\nstate.\n\n(c) In supervising, treating, or caring for a consumer on\n\naftercare, pursuant to the terms of this article, a receiving state\n\nshall employ the same standards of visitation, examination, care,\n\nand treatment that it employs for similar local consumers.\n\nARTICLE V\n\nWhenever a dangerous or potentially dangerous consumer escapes\n\nfrom an institution in any party state, that state shall promptly\n\nnotify all appropriate authorities within and without the\n\njurisdiction of the escape in a manner reasonably calculated to\n\nfacilitate the speedy apprehension of the escapee. Immediately upon\n\nthe apprehension and identification of any such dangerous or\n\npotentially dangerous consumer, the consumer shall be detained in\n\nthe state where found pending disposition in accordance with law.\n\nARTICLE VI\n\nThe duly-accredited officers of any state party to this compact,\n\nupon the establishment of their authority and the identity of the\n\nconsumer, shall be permitted to transport any consumer being moved\n\npursuant to this compact through any and all states party to this\n\ncompact, without interference.\n\nARTICLE VII\n\n(a) No person shall be deemed a consumer of more than one\n\nfacility at any given time. Completion of transfer of any consumer\n\nto a facility in a receiving state shall have the effect of making\n\nthe person a consumer of the facility in the receiving state.\n\n(b) The sending state shall pay all costs of and incidental to\n\nthe transportation of any consumer pursuant to this compact, but any\n\ntwo or more party states may, by making a specific agreement for\n\nthat purpose, arrange for a different allocation of costs as among\n\nthemselves.\n\n(c) No provision of this compact shall be construed to alter or\n\naffect any internal relationships among the departments, agencies\n\nand officers of and in the government of a party state, or between a\n\nparty state and its subdivisions, as to the payment of costs, or\n\nresponsibilities therefor.\n\n(d) Nothing in this compact shall be construed to prevent any\n\nparty state or subdivision thereof from asserting any right against\n\nany person, agency or other entity in regard to costs for which such\n\nparty state or subdivision thereof may be responsible pursuant to\n\nany provision of this compact.\n\n(e) Nothing in this compact shall be construed to invalidate any\n\nreciprocal agreement between a party state and a nonparty state\n\nrelating to institutionalization, care or treatment of the mentally\n\nill or mentally deficient, or any statutory authority pursuant to\n\nwhich such agreements may be made.\n\nARTICLE VIII\n\ny provision of this compact.\n\n(e) Nothing in this compact shall be construed to invalidate any\n\nreciprocal agreement between a party state and a nonparty state\n\nrelating to institutionalization, care or treatment of the mentally\n\nill or mentally deficient, or any statutory authority pursuant to\n\nwhich such agreements may be made.\n\nARTICLE VIII\n\n(a) Nothing in this compact shall be construed to abridge,\n\ndiminish, or in any way impair the rights, duties, and\n\nresponsibilities of any guardian of the consumer on behalf of the\n\nguardian or in respect of any patient for whom the guardian may\n\nserve, except that where the transfer of any consumer to another\n\njurisdiction makes advisable the appointment of a supplemental or\n\nsubstitute guardian, any court of competent jurisdiction in the\n\nreceiving state may make such supplemental or substitute appointment\n\nand the court which appointed the previous guardian shall upon being\n\nduly advised of the new appointment, and upon the satisfactory\n\ncompletion of such accounting and other acts as such court may by\n\nlaw require, relieve the previous guardian of power and\n\nresponsibility to whatever extent shall be appropriate in the\n\ncircumstances; provided, however, that in the case of any consumer\n\nhaving settlement in the sending state, the court of competent\n\njurisdiction in the sending state shall have the sole discretion to\n\nrelieve a guardian appointed by it or continue his power and\n\nresponsibility, whichever it shall deem advisable. The court in the\n\nreceiving state may, in its discretion, confirm or reappoint the\n\nperson or persons previously serving as guardian in the sending\n\nstate in lieu of making a supplemental or substitute appointment.\n\n(b) The term “guardian” as used in paragraph (a) of this article\n\nshall include any guardian, trustee, legal committee, conservator,\n\nor other person or agency however denominated who is charged by law\n\nwith power to act for or responsibility for the person or property\n\nof a consumer.\n\nARTICLE IX\n\n(a) No provision of this compact except Article V shall apply to\n\nany person institutionalized while under sentence in a penal or\n\ncorrectional institution or while subject to trial on a criminal\n\ncharge, or whose institutionalization is due to the commission of an\n\noffense for which, in the absence of mental illness or mental\n\ndeficiency, said person would be subject to incarceration in a penal\n\nor correctional institution.\n\n(b) To every extent possible, it shall be the policy of states\n\nparty to this compact that no consumer shall be placed or detained\n\nin any prison, jail or lockup, but such consumer shall, with all\n\nexpedition, be taken to a suitable facility for mental illness or\n\nmental deficiency.\n\nARTICLE X\n\n(a) Each party state shall appoint a “compact administrator”\n\nwho, on behalf of the state of the compact administrator, shall act\n\nas general coordinator of activities under the compact in the state\n\nof the compact administrator and who shall receive copies of all\n\nreports, correspondence, and other documents relating to any\n\nconsumer processed under the compact by the state of the compact\n\nadministrator either in the capacity of sending or receiving state.\n\nThe compact administrator or a duly designated representative shall\n\nbe the official with whom other party states shall deal in any\n\nmatter relating to the compact or any consumer processed thereunder.\nto any\n\nconsumer processed under the compact by the state of the compact\n\nadministrator either in the capacity of sending or receiving state.\n\nThe compact administrator or a duly designated representative shall\n\nbe the official with whom other party states shall deal in any\n\nmatter relating to the compact or any consumer processed thereunder.\n\n(b) The compact administrators of the respective party states\n\nshall have power to promulgate reasonable rules and regulations to\n\ncarry out more effectively the terms and provisions of this compact.\n\nARTICLE XI\n\nThe duly constituted administrative authorities of any two or\n\nmore party states may enter into supplementary agreements for the\n\nprovision of any service or facility or for the maintenance of any\n\ninstitution on a joint or cooperative basis whenever the states\n\nconcerned shall find that such agreements will improve services,\n\nfacilities, or institutional care and treatment in the fields of\n\nmental illness or mental deficiency. No such supplementary\n\nagreement shall be construed so as to relieve any party state of any\n\nobligation which it otherwise would have under other provisions of\n\nthis compact.\n\nARTICLE XII\n\nThis compact shall enter into full force and effect as to any\n\nstate when enacted by it into law and such state shall thereafter be\n\na party thereto with any and all states legally joining therein.\n\nARTICLE XIII\n\n(a) A state party to this compact may withdraw therefrom by\n\nenacting a statute repealing the same. Such withdrawal shall take\n\neffect one (1) year after notice thereof has been communicated\n\nofficially and in writing to the governors and compact\n\nadministrators of all other party states. However, the withdrawal\n\nof any state shall not change the status of any consumer who has\n\nbeen sent to said state or sent out of said state pursuant to the\n\nprovisions of the compact.\n\n(b) Withdrawal from any agreement permitted by Article VII(b) as\n\nto costs or from any supplementary agreement made pursuant to\n\nArticle XI shall be in accordance with the terms of such agreement.\n\nARTICLE XIV\n\nThis compact shall be liberally construed so as to effectuate\n\nthe purposes thereof. The provisions of this compact shall be\n\nseverable and if any phrase, clause, sentence or provision of this\n\ncompact is declared to be contrary to the constitution of any party\n\nstate or of the United States or the applicability thereof to any\n\ngovernment, agency, person or circumstance is held invalid, the\n\nvalidity of the remainder of this compact and the applicability\n\nthereof to any government, agency, person or circumstance shall not\n\nbe affected thereby. If this compact shall be held contrary to the\n\nconstitution of any state party thereto, the compact shall remain in\n\nfull force and effect as to the remaining states and in full force\n\nand effect as to the state affected as to all severable matters.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fc1b75e53f4a9cd8264d4650386c0da037bad9db74f4b92036eb1c6ee44afc99","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-6-104","next":"us-ok/okla.-stat.-tit.-43a-43a-6-202"},"notice":"GroundRules: Original legal text. Not legal advice."}