reglab/housing_qa huggingface dataset:
MT Code § 53-21-132 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-132. Cost of examination and commitment

  53-21-132. Cost of examination and commitment. (1) The cost of psychiatric precommitment examination, detention, treatment, and taking a person who is suffering from a mental disorder and who requires commitment to a mental health facility must be paid pursuant to subsection (2)(a). The sheriff must be allowed the actual expenses incurred in taking a committed person to the facility, as provided by 7-32-2144.   (2) (a) The costs of precommitment psychiatric detention, precommitment psychiatric examination, and precommitment psychiatric treatment of the respondent and any cost associated with testimony during an involuntary commitment proceeding by a professional person acting pursuant to 53-21-123 must be billed to the following entities in the listed order of priority:   (i) the respondent, the parent or guardian of a respondent who is a minor, or the respondent's private insurance carrier, if any;   (ii) a public assistance program, such as medicaid, for a qualifying respondent; or   (iii) the county of residence of the respondent in an amount not to exceed the amount paid for the service by a public assistance program.   (b) The county of residence is not required to pay costs of treatment and custody of the respondent after the respondent is committed pursuant to this part. Precommitment costs related to the use of two-way electronic audio-video communication in the county of commitment must be paid by the county in which the person resides at the time that the person is committed. The costs of the use of two-way electronic audio-video communication from the state hospital for a patient who is under a voluntary or involuntary commitment to the state hospital must be paid by the state. The fact that a person is examined, hospitalized, or receives medical, psychological, or other mental health treatment pursuant to this part does not relieve a third party from a contractual obligation to pay for the cost of the examination, hospitalization, or treatment.   (3) The adult respondent or the parent or guardian of a minor shall pay the cost of treatment and custody ordered pursuant to 53-21-127, except to the extent that the adult or minor is eligible for public mental health program funds.   (4) A community service provider that is a private, nonpublic provider may not be required to treat or treat without compensation a person who has been committed.   History: (1)En. Sec. 2311, Pol. C. 1895; re-en. Sec. 1145, Rev. C. 1907; re-en. Sec. 1442, R.C.M. 1921; Cal Pol. C. Sec. 2175; re-en. Sec. 1442, R.C.M. 1935; amd. Sec. 33, Ch. 466, L. 1975; Sec. 38-212, R.C.M. 1947; (2)En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; Sec. 38-1309, R.C.M. 1947; R.C.M. 1947, 38-212, 38-1309(part); amd. Sec. 26, Ch. 490, L. 1997; amd. Sec. 2, Ch. 212, L. 2001; amd. Sec. 8, Ch. 583, L. 2003; amd. Sec. 1, Ch. 480, L. 2005; amd. Sec. 3, Ch. 388, L. 2009.
MT Code § 53-21-133 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-133. Transfer to nonstate facilities

  53-21-133. Transfer to nonstate facilities. (1) If a person is committed under the provisions of this part and is eligible for hospital care or treatment by an agency of the United States and if a certificate of notification from the agency showing that facilities are available and that the person is eligible for care or treatment is received, the court may order the person to be placed in the custody of the agency for hospitalization. The chief officer of any hospital or institution operated by an agency and in which a person is hospitalized is vested with the same powers as the superintendent of the state hospital with respect to detention, custody, transfer, conditional release, or discharge of the person. Jurisdiction must be retained in the appropriate courts of this state to inquire into the mental condition of persons hospitalized under this section and to determine the necessity for continuance of their hospitalization.   (2) Consistent with other provisions of this part, a person committed under this part for a period of 3 months or longer may be committed by the court to the custody of friends or next of kin residing outside the state or to a mental health facility located outside the state if the out-of-state facility agrees to receive the patient. The commitment may not be for a longer period of time than is permitted within the state. If the patient is indigent, the expense of supporting the patient in an out-of-state facility and the expense of transportation must be borne by the state of Montana.   (3) The transfer out of Montana of persons committed under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.   History: En. 38-1314 by Sec. 14, Ch. 466, L. 1975; R.C.M. 1947, 38-1314; amd. Sec. 1917, Ch. 56, L. 2009.
MT Code § 53-21-134 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-134. Receipt of nonresident person suffering from a mental disorder pending return to home state

  53-21-134. Receipt of nonresident person suffering from a mental disorder pending return to home state. A person who is suffering from a mental disorder and in need of commitment and who is not a resident of this state may be committed to the state hospital pursuant to this part. The state hospital shall make every effort to return the nonresident to the state of the person's residence as provided in chapter 22, part 1, of this title.   History: En. Sec. 1, Ch. 198, L. 1963; amd. Sec. 8, Ch. 120, L. 1974; amd. Sec. 2, Ch. 37, L. 1977; R.C.M. 1947, 38-120; amd. Sec. 27, Ch. 490, L. 1997; amd. Sec. 3, Ch. 247, L. 1999.
MT Code § 53-21-135 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-135. Terminated

  53-21-135. Terminated. Sec. 1, Ch. 541, L. 1989.   History: En. Sec. 12, Ch. 376, L. 1987.
MT Code § 53-21-136 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-136. Terminated

  53-21-136. Terminated. Sec. 1, Ch. 541, L. 1989.   History: En. Sec. 13, Ch. 376, L. 1987.
MT Code § 53-21-137 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-137. Terminated

  53-21-137. Terminated. Sec. 1, Ch. 541, L. 1989.   History: En. Sec. 14, Ch. 376, L. 1987.
MT Code § 53-21-138 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-138. Renumbered 53-21-1201

  53-21-138. Renumbered 53-21-1201. Sec. 3(2), Ch. 479, L. 2009.
MT Code § 53-21-139 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-139. Renumbered 53-21-1202

  53-21-139. Renumbered 53-21-1202. Sec. 3(2), Ch. 479, L. 2009.
MT Code § 53-21-140 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-140. Use of two-way electronic audio-video communication

  53-21-140. Use of two-way electronic audio-video communication. (1) For purposes of this chapter, a hearing that is conducted by the use of two-way electronic audio-video communication, allowing all of the participants to be observed and heard by all present, is considered to be a hearing in open court.   (2) Whenever the law requires that a respondent or patient in any of the hearings provided for in subsection (3) be present before a court, this requirement may, in the discretion of the court, be satisfied either by the respondent's or patient's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the respondent or patient, the respondent's or patient's counsel, and the judge can see each other simultaneously and converse with each other, so that the respondent or patient and the respondent's or patient's counsel can communicate privately, and so that the respondent or patient and counsel are both present during the two-way electronic audio-video communication. A respondent or patient may request that counsel from the board be present, for consulting purposes only, if the respondent or patient is located at the state hospital.   (3) At the discretion of the court, the following hearings may be conducted through two-way electronic audio-video communication:   (a) the initial hearing provided for in 53-21-122;   (b) the detention hearing provided for in 53-21-124;   (c) the trial or hearing on a petition provided for in 53-21-126;   (d) a hearing on posttrial disposition as provided for in 53-21-127;   (e) a hearing on the extension of a commitment period as provided for in 53-21-128;   (f) a hearing on rehospitalization of a person conditionally released from an inpatient treatment facility as provided for in 53-21-197;   (g) a hearing on an extension of the conditions of release as provided for in 53-21-198.   (4) This section does not abrogate a person's rights under 53-21-115, 53-21-116, or 53-21-117. A respondent or patient, the respondent's or patient's counsel, and a friend of respondent or patient, if any, must be informed of these rights prior to a hearing by two-way electronic audio-video communication in lieu of a hearing in person. A respondent or patient or the respondent's or patient's counsel and a friend of respondent or patient, acting together, may waive any of the rights, as provided under 53-21-119.   (5) A two-way electronic audio-video communication may not be used:   (a) in an initial hearing provided for in 53-21-122 if the professional person objects; or   (b) in a hearing referred to in subsections (3)(b) through (3)(g) if a respondent or patient, the respondent's or patient's counsel, or the professional person objects.   History: En. Sec. 1, Ch. 212, L. 2001; amd. Sec. 1, Ch. 42, L. 2009.
MT Code § 53-21-141 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-141. Civil and legal rights of person committed

  53-21-141. Civil and legal rights of person committed. (1) Unless specifically stated in an order by the court, a person involuntarily committed to a facility for a period of evaluation or treatment does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part except as it may be necessary to detain the person for treatment, evaluation, or care. All communication between an alleged mentally ill person and a professional person is privileged under normal privileged communication rules unless it is clearly explained to the person in advance that the purpose of an interview is for evaluation and not treatment.   (2) Whenever a person is committed to a mental health facility for a period of 3 months or longer, the court ordering the commitment may make an order stating specifically any legal rights that are denied the respondent and any legal disabilities that are imposed on the respondent. As part of its order, the court may appoint a person to act as conservator of the respondent's property. Any conservatorship created pursuant to this section terminates upon the conclusion of the involuntary commitment if not sooner terminated by the court. A conservatorship or guardianship extending beyond the period of involuntary commitment may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally. In the case of a person admitted to a program or facility for the purpose of receiving mental health services, an individual employed by or receiving remuneration from the program or facility may not act as the person's guardian or representative unless the program or facility can demonstrate that no other person is available or willing to act as the person's guardian or representative.   (3) A person who has been committed to a mental health facility pursuant to this part is automatically restored upon the termination of the commitment to all of the person's civil and legal rights that may have been lost when the person was committed. However, this subsection does not affect a guardianship or conservatorship created independently of the commitment proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. A person who leaves a mental health facility following a period of evaluation and treatment must be given a written statement setting forth the substance of this subsection.   (4) A person committed to a mental health facility prior to July 1, 1975, enjoys all the rights and privileges of a person committed after that date.   History: En. 38-1313 by Sec. 13, Ch. 466, L. 1975; amd. Sec. 11, Ch. 546, L. 1977; R.C.M. 1947, 38-1313(1) thru (4); amd. Sec. 11, Ch. 547, L. 1979; amd. Sec. 2, Ch. 579, L. 1991; amd. Sec. 1918, Ch. 56, L. 2009.
MT Code § 53-21-143 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-143. Right not to be fingerprinted

  53-21-143. Right not to be fingerprinted. No person admitted to or in a mental health facility shall be fingerprinted unless required by other provisions of law.   History: En. 38-1315 by Sec. 15, Ch. 466, L. 1975; R.C.M. 1947, 38-1315.
MT Code § 53-21-144 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-144. Rights concerning photographs

  53-21-144. Rights concerning photographs. (1) A person admitted to a mental health facility may be photographed for the clinical or administrative purposes of the facility. The photographs are confidential. Photographs may be released to a law enforcement agency when needed to aid in the search for a person who has left a facility without authorization from the facility's medical staff and when it is determined that the person is a self-threat or self-danger or a threat or danger to others at the time that the person left the facility. A law enforcement agency may not subsequently release photographs to the public or other persons unless authorized by a court order.   (2) Other nonmedical photographs may not be taken or used without consent of the patient or, if applicable, the patient's legal guardian or without a court order.   History: En. 38-1316 by Sec. 16, Ch. 466, L. 1975; R.C.M. 1947, 38-1316; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 4, Ch. 579, L. 1991; amd. Sec. 30, Ch. 490, L. 1997.
MT Code § 53-21-145 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-145. Right to be free from unnecessary or excessive medication

  53-21-145. Right to be free from unnecessary or excessive medication. Patients have a right to be free from unnecessary or excessive medication. A medication may not be administered unless at the written order of a physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing. The attending physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing is responsible for all medication given or administered to a patient. The use of medication may not exceed standards of use that are advocated by the United States food and drug administration. Notation of each individual's medication must be kept in the individual's medical records. The department shall adopt rules governing attending physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing review of the drug regimen of each patient under the physician's or the advanced practice registered nurse's care in a mental health facility, except that the drug regimen of inpatients in hospitals must be reviewed no less than weekly. Except in the case of outpatients, all prescriptions must be written with a termination date, which may not exceed 30 days. Medication may not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient's treatment program.   History: En. 38-1319 by Sec. 19, Ch. 466, L. 1975; R.C.M. 1947, 38-1319; amd. Sec. 1, Ch. 429, L. 1987; amd. Sec. 166, Ch. 418, L. 1995; amd. Sec. 490, Ch. 546, L. 1995; amd. Sec. 3, Ch. 310, L. 2001.
MT Code § 53-21-146 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-146. Right to be free from physical restraint and isolation

  53-21-146. Right to be free from physical restraint and isolation. Patients have a right to be free from physical restraint and isolation. Except for emergency situations in which it is likely that patients could harm themselves or others and in which less restrictive means of restraint are not feasible, patients may be physically restrained or placed in isolation only on a professional person's written order that explains the rationale for the action. The written order may be entered only after the professional person has personally seen the patient concerned and evaluated the episode or situation that is alleged to call for restraint or isolation. Emergency use of restraints or isolation may not be for more than 1 hour, by which time a professional person must have been consulted and must have entered an appropriate order in writing. The written order is effective for no more than 24 hours and must be renewed if restraint and isolation are to be continued. Whenever a patient is subject to restraint or isolation, adequate care must be taken to monitor the patient's physical and psychiatric condition and to provide for the patient's physical needs and comfort. Physical restraint may not be used as punishment, for the convenience of the staff, or as a substitute for a treatment program.   History: En. 38-1320 by Sec. 20, Ch. 466, L. 1975; R.C.M. 1947, 38-1320; amd. Sec. 5, Ch. 579, L. 1991; amd. Sec. 1920, Ch. 56, L. 2009.
MT Code § 53-21-147 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-147. Right not to be subjected to experimental research

  53-21-147. Right not to be subjected to experimental research. (1) Patients have a right not to be subjected to experimental research without the express and informed consent of the patient, if the patient is able to give consent, and of the patient's guardian, if any, and the friend of respondent appointed by the court after opportunities for consultation with independent specialists and with legal counsel. If there is no friend of respondent or if the friend of respondent appointed by the court is no longer available, then a friend of respondent who is in no way connected with the facility, the department, or the research project must be appointed prior to the involvement of the patient in any experimental research. At least 10 days prior to the commencement of experimental research, the facility shall send notice of intent to involve the patient in experimental research to the patient, the patient's next of kin, if known, the patient's legal guardian, if any, the attorney who most recently represented the patient, and the friend of respondent appointed by the court.   (2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.   (3) A patient has the right to appropriate protection before participating in an experimental treatment, including the right to a reasonable explanation of the procedure to be followed, expected benefits, relative advantages, and the potential risks and discomforts of any experimental treatment. A patient has the right to revoke at any time consent to an experimental treatment.   History: En. 38-1321 by Sec. 21, Ch. 466, L. 1975; R.C.M. 1947, 38-1321; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 6, Ch. 579, L. 1991; amd. Sec. 72, Ch. 10, L. 1993.
MT Code § 53-21-148 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-148. Right not to be subjected to hazardous treatment

  53-21-148. Right not to be subjected to hazardous treatment. Patients have a right not to be subjected to treatment procedures such as lobotomy, adversive reinforcement conditioning, or other unusual or hazardous treatment procedures without their express and informed consent after consultation with counsel, the legal guardian, if any, the friend of respondent appointed by the court, and any other interested party of the patient's choice. At least one of those consulted shall consent to the treatment, along with the patient's counsel. If there is no friend of respondent or if the friend of respondent appointed by the court is no longer available, then a friend of respondent who is in no way connected with the facility or with the department must be appointed before any enumerated treatment procedure can be employed. At least 10 days prior to the commencement of the extraordinary treatment program, the facility shall send notice of intent to employ extraordinary treatment procedures to the patient, the patient's next of kin, if known, the legal guardian, if any, the attorney who most recently represented the patient, and the friend of respondent appointed by the court.   History: En. 38-1322 by Sec. 22, Ch. 466, L. 1975; amd. Sec. 12, Ch. 546, L. 1977; R.C.M. 1947, 38-1322; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1921, Ch. 56, L. 2009.
MT Code § 53-21-149 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-149. Conditions of treatment in community facility, program, or course of treatment

  53-21-149. Conditions of treatment in community facility, program, or course of treatment. If the court orders a disposition under 53-21-127(3)(b), the court may order the following conditions for treatment in a community facility or program, or may order a course of treatment, including but not limited to:   (1) following a treatment plan developed pursuant to 53-21-150 that may include case management services, medication, short-term inpatient treatment, chemical dependency treatment, assertive community treatment, or a combination, as set forth by the designated community facility or program or the individual responsible for the management and supervision of the respondent's treatment; or   (2) specific residential or housing requirements that may include being under the care or custody of a relative or guardian.   History: En. Sec. 1, Ch. 342, L. 2001.