reglab/housing_qa huggingface dataset:
MT Code § 53-21-1304 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1304. Scope of mental health care advance directive

  53-21-1304. Scope of mental health care advance directive. (1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive.   (2) A directive must:   (a) be in writing;   (b) contain language that clearly indicates that the principal intends to create a directive;   (c) be dated and signed by the principal or at the principal's direction and in the principal's presence if the principal is unable to sign; and   (d) be notarized.   (3) A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.   (4) A directive may include any provision relating to mental health treatment, any other medical treatment that may directly or indirectly affect mental health, and the general care of the principal. A directive may include but is not limited to:   (a) instructions for mental health treatment, including medical, behavioral, and social interventions;   (b) consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;   (c) refusal to consent to specific types of mental health treatment;   (d) consent to admission to and retention in a facility for mental health treatment;   (e) instructions limiting the revocability of the directive;   (f) descriptions of situations that may cause the principal to experience a mental health crisis;   (g) descriptions of behaviors and other indicators that the principal lacks capacity;   (h) instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;   (i) instructions regarding who should or should not be notified of the principal's admission to a treatment facility or be allowed to visit the principal at the facility;   (j) appointment of an agent to make mental health treatment decisions on the principal's behalf; and   (k) the principal's nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.   History: En. Sec. 4, Ch. 329, L. 2011.
MT Code § 53-21-1305 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1305. Validity of appointment of agent

  53-21-1305. Validity of appointment of agent. If the directive appoints an agent, the agent may accept the appointment by signing the directive. The agent's signature does not have to be witnessed, notarized, or otherwise validated. The lack of agent's signature does not affect the validity of the directive. The directive may provide for one or more alternate agents. The authority of the agent is in effect only after a determination of incapacity as provided in this part and only for as long as the period of incapacity.   History: En. Sec. 5, Ch. 329, L. 2011.
MT Code § 53-21-1306 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1306. through 53-21-1310 reserved

  53-21-1306 through 53-21-1310 reserved.
MT Code § 53-21-1311 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1311. Prohibited elements

  53-21-1311. Prohibited elements. A directive may not:   (1) create an entitlement to mental health treatment or other medical treatment;   (2) obligate any health care provider, professional person, health care facility, or insurer to pay the costs associated with the treatment requested;   (3) obligate any health care provider, professional person, or health care facility to be responsible for services outside the scope of services the person or facility normally provides; or   (4) bind any person who is not a provider of health care services to confer any benefit on the principal.   History: En. Sec. 6, Ch. 329, L. 2011.
MT Code § 53-21-1312 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1312. When a directive takes effect -- determination of incapacity

  53-21-1312. When a directive takes effect -- determination of incapacity. (1) A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part.   (2) A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity.   (3) For the purpose of triggering the directive, a determination that the principal lacks capacity or has regained capacity must be made by the supervising health care provider.   (4) For the purpose of triggering the directive, a directive may require the concurrence of two health care providers, one of whom must be the supervising health care provider in the determination of incapacity. The directive may require that one of the concurring providers is a psychiatrist or other physician.   (5) The determination of incapacity must consider all factors identified in the directive as evidence of incapacity.   (6) Unless otherwise specified in the directive, the authority of an agent becomes effective upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has regained capacity.   History: En. Sec. 7, Ch. 329, L. 2011.
MT Code § 53-21-1313 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1313. Provider of mental health services

  53-21-1313. Provider of mental health services. (1) A provider of mental health services or a supervising health care provider shall:   (a) inquire whether a directive exists and make a written record of the response; and   (b) include a copy of the directive and any written revocation in the health care record if the directive or revocation are provided.   (2) A supervising health care provider who makes or is informed of a determination that a principal lacks or has regained capacity or that another condition exists that affects an individual instruction or the authority of an agent shall promptly record the determination or condition in the principal's health care record and communicate the determination or condition to the principal, if possible, and to any person or agent authorized to make health care decisions for the patient.   (3) After a determination of incapacity a supervising health care provider shall communicate health care decisions to the principal to the extent possible.   (4) A health care provider or institution providing care to the principal under the authority of a directive shall comply with the provisions of the directive and with all reasonable interpretations of the directive by the agent to the fullest extent possible unless the supervising health care provider determines that:   (a) compliance violates the accepted standard of care;   (b) compliance conflicts with the applicable law or a court order;   (c) the requested treatment is not reasonably available; or   (d) an emergency situation exists and compliance endangers the principal's life or health.   (5) A health care provider or mental health professional may not require or prohibit the execution or revocation of a directive as a condition for providing health care. A health care provider's inability to follow the specific terms of the directive because it violates the standard of care does not require a revocation of the directive. A health care provider or mental health professional may not promote the creation, alteration, adoption, or revocation of a directive under circumstances that are or reasonably appear to be coercive.   History: En. Sec. 8, Ch. 329, L. 2011.
MT Code § 53-21-1314 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1314. Duties of agent

  53-21-1314. Duties of agent. (1) An agent shall act in good faith.   (2) An agent shall make health care decisions in accordance with the principal's written instructions or directive if any. When the agent must make decisions not addressed by the written instructions or directive, the agent shall base decisions on the principal's known wishes and upon the agent's best judgment about how the principal would decide based on the principal's own values and experience.   (3) An agent may resign by giving written notice to the principal. If the directive is in effect at the time of the resignation, the agent may resign by giving written notice to the supervising health care provider.   History: En. Sec. 9, Ch. 329, L. 2011.
MT Code § 53-21-1315 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1315. Health care decisions in event of the principal's protest

  53-21-1315. Health care decisions in event of the principal's protest. An agent may make a health care decision over the protest of a principal who lacks capacity if:   (1) the directive is irrevocable at times of incapacity;   (2) the directive authorizes the agent to make the health care decision at issue; and   (3) the health care that is to be provided, continued, withheld, or withdrawn is determined and documented by the supervising health care provider to be medically appropriate and is otherwise permitted by law.   History: En. Sec. 10, Ch. 329, L. 2011.
MT Code § 53-21-1316 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1316. through 53-21-1320 reserved

  53-21-1316 through 53-21-1320 reserved.
MT Code § 53-21-1321 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1321. Explicit authorization required for certain treatment

  53-21-1321. Explicit authorization required for certain treatment. Electroconvulsive therapy or surgical or experimental treatment may be provided to a principal after a determination of incapacity only if the directive explicitly consents to the particular therapy or treatment.   History: En. Sec. 11, Ch. 329, L. 2011.
MT Code § 53-21-1322 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1322. Authorization for admission to inpatient treatment -- effect of directive

  53-21-1322. Authorization for admission to inpatient treatment -- effect of directive. (1) A principal whose directive is irrevocable during a period of incapacity and who has provided consent to inpatient treatment in the directive or authorized an agent to consent to inpatient treatment may be admitted to inpatient mental health treatment if:   (a) a physician or psychiatric advanced practice registered nurse performs an evaluation of the principal, including consideration of history, diagnosis, and treatment needs, and makes a written determination that the principal needs further inpatient evaluation or treatment that cannot be provided in a less restrictive setting; and   (b) the agent, if any, provides written consent.   (2) The directive may provide limited consent to inpatient treatment, including limitations upon the length of time for each period of hospitalization and limitations on the facility or facilities to which the principal consents to be admitted.   History: En. Sec. 12, Ch. 329, L. 2011.
MT Code § 53-21-1323 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1323. Expiration

  53-21-1323. Expiration. A directive is valid indefinitely unless the directive includes an expiration date. A directive that expires during a period of incapacity of the principal remains in effect until the principal's capacity is restored.   History: En. Sec. 13, Ch. 329, L. 2011.
MT Code § 53-21-1324 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1324. Revocation

  53-21-1324. Revocation. (1) The principal may revoke a directive in whole or in part orally or in writing at any time unless the directive provides that:   (a) the directive is not revocable during a period of incapacity; or   (b) the directive is not revocable for a specified period of time after a determination of incapacity.   (2) As allowed by the terms of the directive, the principal may:   (a) revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider; and   (b) revoke other parts of a directive other than the designation of an agent at any time and in any manner that communicates an intent to revoke.   (3) A health care provider, agent, guardian, or conservator who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care.   (4) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the directive or in a durable power of attorney.   (5) A directive revokes all prior directives unless the newest directive instructs otherwise.   History: En. Sec. 14, Ch. 329, L. 2011.
MT Code § 53-21-1325 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1325. Effect of directive on existing law

  53-21-1325. Effect of directive on existing law. (1) A directive does not override other provisions of law including Title 46, chapter 14, Title 53, chapter 21, part 1, and Title 72, chapter 5.   (2) A directive has no legal effect during a period of involuntary inpatient commitment or a period during which a person is subject to a court order for the care, custody, and treatment of the person pursuant to Title 46, chapter 14.   (3) If a principal executes other directives allowed under Montana law, including a living will or other power of attorney, the other directives must be construed as consistent with and may not override the mental health care advance directive.   (4) In addition to a directive executed under this part, a principal may designate an agent for other medical decisionmaking under 72-5-501 and 72-5-502.   History: En. Sec. 15, Ch. 329, L. 2011.
MT Code § 53-21-1326 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1326. through 53-21-1330 reserved

  53-21-1326 through 53-21-1330 reserved.
MT Code § 53-21-1331 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1331. Nomination of guardian or conservator

  53-21-1331. Nomination of guardian or conservator. A directive may nominate a guardian or conservator. The court in any guardianship proceeding shall determine whether there is a directive and shall appoint the guardian or conservator nominated in the directive, except when good cause or reason for disqualification exists.   History: En. Sec. 16, Ch. 329, L. 2011.
MT Code § 53-21-1332 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1332. Decisions by guardian or conservator

  53-21-1332. Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:   (1) a guardian or conservator shall comply with the instructions in a principal's directive and may not revoke the principal's directive unless the appointing court provides authorization; and   (2) absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.   History: En. Sec. 17, Ch. 329, L. 2011.
MT Code § 53-21-1333 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1333. Health care information

  53-21-1333. Health care information. Unless otherwise specified in the directive, the agent has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information during a period of time when the agent is legally authorized to act on behalf of the principal.   History: En. Sec. 18, Ch. 329, L. 2011.
MT Code § 53-21-1334 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1334. Immunities

  53-21-1334. Immunities. (1) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or discipline for unprofessional conduct for:   (a) complying with a health care decision of an agent who has authority under a directive to make a health care decision for a principal, including a decision to withhold or withdraw health care;   (b) declining to comply with a health care decision of a person claiming to be an agent based on a good faith belief that the person then lacked authority; or   (c) complying with a directive and assuming that the directive was valid when made and has not been revoked or terminated.   (2) A person acting as agent under this part is not subject to civil or criminal liability or discipline for unprofessional conduct for health care decisions made in good faith.   History: En. Sec. 19, Ch. 329, L. 2011.
MT Code § 53-21-1335 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 13. Mental Health Care Advance Directives|53-21-1335. Judicial review

  53-21-1335. Judicial review. (1) A health care provider, principal, agent, or other interested person may request judicial review of the validity of a directive.   (2) A health care provider, principal, or other interested person may request judicial review of a decision by the agent.   History: En. Sec. 20, Ch. 329, L. 2011.
MT Code § 53-21-1401 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 14. Crisis Stabilization Services|53-21-1401. Definitions

  53-21-1401. Definitions. As used in this part, the following definitions apply:   (1) "Adult" means an individual who is 18 years of age or older.   (2) "Crisis" means a serious, unexpected situation resulting from an individual's apparent mental illness in which the individual's symptoms are of sufficient severity, as determined by a mental health practitioner, to require immediate care to avoid:   (a) jeopardy to the life or health of the individual; or   (b) death or bodily harm to the individual or to others.   (3) "Crisis stabilization" means development and implementation of a short-term intervention to respond to a crisis in order to:   (a) reduce the severity of an individual's symptoms of mental illness; and   (b) attempt to prevent the individual from receiving services in a more restrictive environment.   (4) "Crisis stabilization services" or "services" means the services allowed under 53-21-1403.   (5) "Presumptive eligibility" means a period of up to 72 hours after an individual is found to be in crisis and during which the individual is presumed to be eligible for crisis stabilization services that will be reimbursed by the department.   History: En. Sec. 1, Ch. 201, L. 2013.
MT Code § 53-21-1402 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 14. Crisis Stabilization Services|53-21-1402. Purpose -- limitations

  53-21-1402. Purpose -- limitations. (1) (a) The purpose of this part is to establish a program through which enrolled providers may be reimbursed by the department when they provide mental health services during a 72-hour period to stabilize an adult who:   (i) is in a mental health crisis; and   (ii) is uninsured or whose insurance does not adequately cover the cost of the services.   (b) Reimbursement for services provided during a presumptive eligibility period is intended to reduce the need for the individual to receive more intensive services in a more restrictive setting.   (2) This part is not intended to establish an entitlement:   (a) for an individual to receive services under the program; or   (b) for a provider to be reimbursed for services delivered to an individual.   (3) The department may determine the duration of services to be reimbursed under the program and the types of providers who may receive reimbursement for services.   (4) The department or its designee may restrict reimbursement based on:   (a) the medical necessity of the services;   (b) availability of appropriate alternative services;   (c) the relative cost of services; or   (d) other relevant factors.   (5) (a) Subject to available funding, the department may suspend or eliminate reimbursement for services or otherwise limit services, benefits, or provider participation in the presumptive eligibility program.   (b) The department shall provide notice of changes to the program at least 10 days in advance of the date that the changes will be made by:   (i) publishing notice in Montana daily newspapers; and   (ii) providing written notice to crisis stabilization providers and other interested parties.   History: En. Sec. 2, Ch. 201, L. 2013.
MT Code § 53-21-1403 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 14. Crisis Stabilization Services|53-21-1403. Crisis stabilization services -- requirements

  53-21-1403. Crisis stabilization services -- requirements. (1) In order to qualify for reimbursement under this part, crisis stabilization services must be delivered in a safe environment to an individual in crisis as required under this section.   (2) Crisis stabilization services must:   (a) be delivered by an individual or facility that is enrolled with the department to provide services under this part;   (b) be provided in accordance with a plan for crisis stabilization that meets requirements established by the department by rule;   (c) include a plan for appropriate followup care; and   (d) be medically necessary mental health services that:   (i) are delivered in direct response to a crisis in an effort to stabilize the individual in crisis;   (ii) provide diagnostic clarity;   (iii) are designed to treat symptoms that can be improved during the presumptive eligibility period; and   (iv) provide an appropriate alternative to psychiatric hospitalization.   (3) Crisis stabilization services include but are not limited to:   (a) two psychiatric diagnostic interview examinations during the crisis stabilization period;   (b) coordination of care as defined by the department by rule;   (c) individual psychotherapy;   (d) family psychotherapy conducted with or without the patient;   (e) one-to-one community-based psychiatric rehabilitation and support; and   (f) crisis management services as defined by the department by rule.   History: En. Sec. 3, Ch. 201, L. 2013.