§ 23-16.1-1. Compact authorized.
The governor, on behalf of the state, is authorized and directed to execute a compact,
substantially in the following form, with any one or more of the states of Connecticut,
Maine, Massachusetts, New Hampshire, and Vermont:
New England Health Services and Facilities Compact
Article I
The purpose of the New England health services and facilities compact shall be to
provide the highest quality of health services and facilities through the establishment
and maintenance of a coordinated program for the persons residing in the several states
of New England, parties to the compact, with the aim of mutual assistance, planning
for improvement of health services and facilities, transmitting new knowledge, and
training and recruitment of health personnel.
Article II
There is hereby created and established a New England board of health services and
facilities hereinafter known as the board which shall be an agency of each state party
to the compact. The board shall be a body corporate and politic, having the powers,
duties and jurisdiction herein enumerated and such other and additional powers as
shall be conferred upon it by the concurrent act or acts of the compacting states.
The board shall consist of three (3) resident members from each compacting state,
chosen in the manner and for the terms provided by law of the several states parties
to this compact.
Article III
This compact shall become operative immediately as to those states executing it whenever
any two (2) or more of the states of Maine, Vermont, New Hampshire, Massachusetts,
Rhode Island or Connecticut have executed it in the form which is in accordance with
the laws of the respective compacting states.
Article IV
The board shall annually elect from its members a chair and vice-chair and shall appoint
and at its pleasure remove or discharge said officers. It may appoint and employ an
executive secretary and may employ such stenographic, clerical, technical, or legal
personnel as shall be necessary, and at its pleasure remove or discharge such personnel.
It shall adopt a seal and suitable by-laws and shall promulgate any and all rules
and regulations which may be necessary for the conduct of its business. It may maintain
an office or offices within the territory of the compacting states and may meet at
any time or place. Meetings shall be held at least twice each year. A majority of
the members shall constitute a quorum for the transaction of business, but no action
of the board imposing any obligation on any compacting state shall be binding unless
a majority of the members from such compacting state shall have voted in favor thereof.
Where meetings are planned to discuss matters relevant to problems of health affecting
only certain of the compacting states, the board may vote to authorize special meetings
of the board members of such states. The board shall keep accurate accounts of all
receipts and disbursements and shall make an annual report to the governor and the
legislature of each compacting state setting forth in detail the operations and transactions
conducted by it pursuant to this compact, and shall make recommendations for any legislative
action deemed by it advisable, including amendments to the statutes of the compacting
states which may be necessary to carry out the intent and purpose of this compact.
The board shall not pledge the credit of any compacting state without consent of the
legislature thereof given pursuant to the constitutional processes of said state.
The board may meet any of its obligations in whole or in part with funds available
to it under article VII of this compact, provided that the board takes specific action
setting aside such funds prior to the incurring of any obligation to be met in whole
or in part in this manner. Except where the board makes use of funds available to
it under article VII hereof, the board shall not incur any obligations for salaries,
office, administrative, traveling or other expenses prior to the allotment of funds
by the compacting states adequate to meet the same. Each compacting state reserves
the right to provide hereafter by law for the examination and audit of the accounts
of the board. The board shall appoint a treasurer who may be a member of the board,
and disbursements by the board shall be valid only when authorized by the board and
when vouchers therefor have been signed by the executive secretary and countersigned
by the treasurer. The executive secretary shall be custodian of the records of the
board with authority to attest to and certify such records or copies thereof.
Article V
The board shall have the power to: 1. Collect, correlate, and evaluate data in the
fields of its interest under this compact; to publish reports, bulletins, and other
documents making available the results of its research; and, in its discretion, to
charge fees for said reports, bulletins, and documents; 2. Enter into such contractual
agreements or arrangements with any of the compacting states or agencies thereof and
with health institutions and agencies as may be required in the judgment of the board
to provide adequate services and facilities in health fields covered by this compact.
Each of the compacting states shall contribute funds to carry out the contracts of
the board. Except in those instances where the board by specific action allocates
funds available to it under article VII hereof, it shall be the policy of the board
to enter into such contracts only upon appropriation of funds by the compacting states.
Any contract entered into shall be in accordance with rules and regulations promulgated
by the board and in accordance with the laws of the compacting states.
Article VI
Each state agrees that, when authorized by the legislature pursuant to the constitutional
processes, it will from time to time make available to the board such funds as may
be required for the expenses of the board as authorized under the terms of this compact.
The contribution of each state for this purpose shall be in the proportion that its
population bears to the total combined population of the states who are parties hereto
as shown from time to time by the most recent official published report of the bureau
of the census of the United States of America; unless the board shall adopt another
basis in making its recommendation for appropriation to the compacting states.
Article VII
The board for the purposes of this compact is hereby empowered to receive grants,
devises, gifts, and bequests which the board may agree to accept and administer. The
board shall administer property held in accordance with special trusts, grants, and
bequests and shall also administer grants and devises of land and gifts or bequests
of personal property made to the board for special uses and shall execute said trusts,
investing the proceeds thereof in notes or bonds secured by sufficient mortgages or
other securities.
Article VIII
The provisions of this compact shall be severable and if any phrase, clause, sentence
or provision of this compact is declared to be contrary to the constitution of any
compacting state or of the United States the validity of the remainder of this compact
and the applicability thereof to any government, agency, person, or circumstance shall
not be affected thereby; provided, that if this compact is held to be contrary to
the constitution of any compacting state the compact shall remain in full force and
effect as to all other compacting states.
Article IX
This compact shall continue in force and remain binding upon a compacting state until
the legislature or the governor of such state, as the laws of such state shall provide,
takes action to withdraw therefrom. Such action shall not be effective until two (2)
years after notice thereof has been sent by the governor of the state desiring to
withdraw to the governors of all other states then parties to the compact. Such withdrawal
shall not relieve the withdrawing state from its obligations accruing hereunder prior
to the effective date of withdrawal. Any state so withdrawing, unless reinstated,
shall cease to have any claim to or ownership of any of the property held by or vested
in the board or to any of the funds of the board held under the terms of the compact.
Thereafter, the withdrawing state may be reinstated by application after appropriate
legislation is enacted by such state, upon approval by a majority vote of the board.