(45 ILCS 40/0.01) (from Ch. 91 1/2, par. 50-0.1) Sec. 0.01. Short title. This Act may be cited as the Interstate Compact on Mental Health Act. (Source: P.A. 86-1324.)

(45 ILCS 40/1) (from Ch. 91 1/2, par. 50-1) Sec. 1. The Interstate Compact on Mental Health is approved and adopted as law in this State and entered into by this State with all other states, as defined in paragraph (h) of Article II of such Compact, which legally join therein. The form and substance of such Compact is substantially as follows: The contracting States solemnly agree that:

(45 ILCS 40/2) (from Ch. 91 1/2, par. 50-2) Sec. 2. Pursuant to such compact, the Secretary of Human Services is designated as the Compact Administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder. (Source: P.A. 89-507, eff. 7-1-97.)

(45 ILCS 40/3) (from Ch. 91 1/2, par. 50-3) Sec. 3. The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service. (Source: Laws 1965, p. 1809.)

(45 ILCS 40/4) (from Ch. 91 1/2, par. 50-4) Sec. 4. The compact administrator 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 thereunder. (Source: Laws 1965, p. 1809.)

(45 ILCS 40/5) (from Ch. 91 1/2, par. 50-5) Sec. 5. Whenever the Compact Administrator receives a request for the transfer of a service recipient from a Department facility to an institution in another party state such request shall include a consent for transfer from the following person or persons: 1. The parent or guardian of a recipient of service who has not attained 12 years of age; 2. The parent or guardian of a recipient of service who has attained 12 years of age but has not attained 18 years of age and is not clinically capable of giving consent; 3. The parent or guardian and the recipient of service who has attained 12 years of age but has not attained 18 years of age and is clinically capable of giving consent; 4. The recipient of service who has attained 18 years of age or the legal guardian, if appropriate. The person giving consent may withdraw consent for transfer at any time prior to the transfer by giving written notice of withdrawal to the Compact Administrator. When a recipient of service is transferred to an institution in another state pursuant to this compact and his or her admission was pursuant to a court order, the clerk of the court shall be promptly notified of the discharge from a Department facility for transfer to another state, as provided for in the Mental Health and Developmental Disabilities Code. (Source: P.A. 84-871.)