This rule governs the interstate transfer of committed mental health patients between West Virginia and other party states under the Interstate Compact on Mental Health. It establishes the powers and duties of the compact administrator, including receiving and placing transferred patients, issuing detention orders for escaped patients, and arranging their return to the originating state. Operators of psychiatric institutions may receive or transfer patients under this compact, and due process requirements must be observed before any patient is returned to another state.
View official sourceTITLE 64 LEGISLATIVE RULE DIVISION OF HEALTH DEPARTMENT OF HEALTH AND HUMAN RESOURCES SERIES 72 INTERSTATE COMPACT ON MENTAL HEALTH '64-72-1. General. 1.1. Scope. -- This legislative rule contains requirements for the proper and expeditious transfer of committed persons between West Virginia and other party states to the interstate compact on mental health. This rule should be read in conjunction with the provisions and definitions in the interstate compact on mental health appearing in W. Va. Code '27-14-1 et seq. 1.2. Authority. -- W. Va. Code '27-14-2. 1.3. Filing Date. -- April 29, 1999. 1.4. Effective Date. -- July 1, 1999. 1.5. Construction. -- This rule shall be liberally construed to effectuate the compact goals of chapter 27 of the W. Va. Code. '64-72-2. Application and Enforcement. 2.1. Application - This rule applies to the duties and authority of the compact administrator. 2.2. Enforcement - This rule is enforced internally by the secretary of the department of health and human resources or his or her designee. '64-72-3. Definitions. 3.1. Compact - The interstate compact on mental health appearing in W. Va. Code '27-14-1 et seq. that provides for the proper and expeditious transfer from one state to another of persons who have been committed with mental deficiency or mental illness. 3.2. Compact administrator - The secretary of the department of health and human resources or his or her designee. 3.3. Dangerous or potentially dangerous patient - A person who has escaped from an institution in another state and poses a threat to society by his or her escape. '64-72-4. Compact Administrator; Powers and Duties. 4.1. The compact administrator shall administer the compact in accordance with W. Va. Code '27-14-1 et seq. and shall be the general coordinator of activities under the compact. The compact administrator shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by this state either in the capacity of sending or receiving state. 4.2. The compact administrator, subject to the approval of the state auditor, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into under the compact. 4.3. The compact administrator is not obligated to receive any patient from another party to the compact. 4.4. The compact administrator shall determine the place most suitable for the patient and may review at any time the placement and make changes in accordance with the best interests of the patient and the state. 4.5. The compact administrator is the only person authorized to issue an order requesting the detention of a dangerous or potentially dangerous patient who has escaped from an institution in another state. 4.5.a. Immediately upon learning that a dangerous or potentially dangerous escaped patient may be in West Virginia, the compact administrator may detain him or her through the issuance of a detention order. 4.5.b. Once identification has been made of an escaped patient, the compact administrator shall arrange to immediately return that individual to the state where he or she escaped. If the escaped patient cannot be immediately returned to the state where he or she escaped, the escaped patient shall be detained at an institution or a secure setting designated by the compact administrator until transfer is possible. '64-72-5. Due Process. 5.1. When issuing a detention order, the compact administrator shall substantially recite the facts necessary to the validity of the order. 5.2. Before a patient is returned to the state where he or she escaped, the compact administrator shall assure that the patient is informed: of the reason for his or her detention; of his or her right to a hearing to determine identification; and, if the patient decides to challenge the identification, of his or her right to have the representation of counsel provided at state expense. 64CSR72 PAGE 1