reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-129. Emergency situation -- petition -- detention

53-21-129. Emergency situation -- petition -- detention.
(1) When an emergency situation as defined in 53-21-102 exists, a peace officer may take any person who appears to have a mental disorder and to present an imminent danger of death or bodily harm to the person or to others or who appears to have a mental disorder and to be substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety into custody only for sufficient time to contact a professional person for emergency evaluation. If possible, a professional person should be called prior to taking the person into custody.
(2) If the professional person agrees that the person detained is a danger to the person or to others and that an emergency situation as defined in 53-21-102 exists, then the person may be detained and treated until the next regular business day. At that time, the professional person shall release the detained person or file findings with the county attorney who, if the county attorney determines probable cause to exist, shall file the petition provided for in 53-21-121 through 53-21-126 in the county of the respondent's residence. In either case, the professional person shall file a report with the court explaining the professional person's actions.
(3) The county attorney of a county may make arrangements with a federal, state, regional, or private mental facility or with a mental health facility in a county for the detention of persons held pursuant to this section. If an arrangement has been made with a facility that does not, at the time of the emergency, have a bed available to detain the person at that facility, the person may be transported to the state hospital or to a behavioral health inpatient facility, subject to 53-21-193 and subsection (4) of this section, for detention and treatment as provided in this part. This determination must be made on an individual basis in each case, and the professional person at the local facility shall certify to the county attorney that the facility does not have adequate room at that time.
(4) Before a person may be transferred to the state hospital or to a behavioral health inpatient facility under this section, the state hospital or the behavioral health inpatient facility must be notified prior to transfer and shall state whether a bed is available for the person. If the professional person determines that a behavioral health inpatient facility is the appropriate facility for the emergency detention and a bed is available, the county attorney shall direct the person to the appropriate facility to which the person must be transported for emergency detention.
History: En. 38-1307 by Sec. 7, Ch. 466, L. 1975; amd. Sec. 7, Ch. 546, L. 1977; R.C.M. 1947, 38-1307; amd. Sec. 1, Ch. 560, L. 1983; amd. Sec. 25, Ch. 490, L. 1997; amd. Sec. 7, Ch. 513, L. 2003; amd. Sec. 2, Ch. 116, L. 2007; amd. Sec. 3, Ch. 308, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-130. Transfer or commitment to mental health facility from other institutions

53-21-130. Transfer or commitment to mental health facility from other institutions.
(1) A person who is in the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the procedures set out in this part. However, proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is, in the county of the institution from which the person was transferred to the mental health facility, or in the county of the person's residence. Notice of a transfer must be given immediately to the assigned counsel at the mental health facility and to the parents of minors, guardians, friends of respondent, or conservators.
(2) A person who is in the custody of the department of corrections may be transferred for placement in a mental health facility for a period of up to 10 days, subject to the approval of the mental health facility. A placement in excess of 10 days must be performed according to the procedures for voluntary admission or involuntary commitment as provided in this part. Proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is placed or in the county of the correctional facility from which the person was transferred. Notice of a transfer must be given to the legal counsel for the person and to the parents of minors, guardians, friends of respondent, or conservators.
History: En. 38-1310 by Sec. 10, Ch. 466, L. 1975; amd. Sec. 10, Ch. 546, L. 1977; R.C.M. 1947, 38-1310; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 2, Ch. 247, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-131. Appeal procedure

53-21-131. Appeal procedure.
Appellate review of any order of short-term evaluation and treatment or long-term commitment may be had by appeal to the supreme court of Montana in the manner as other civil cases, except that the appeal may be taken at any time within 90 days of the actual service of the written notice of the right to appeal required by 53-21-114 or within 90 days after discharge, whichever is later. The patient shall not be released pending appeal unless ordered by the court. The appeal shall have priority above all other matters before the supreme court.
History: En. 38-1311 by Sec. 11, Ch. 466, L. 1975; R.C.M. 1947, 38-1311; amd. Sec. 2, Ch. 522, L. 1983.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-150. Treatment plan -- provider choice

53-21-150. Treatment plan -- provider choice.
(1) Stabilizing treatment must be provided during the development of a treatment plan.
(2) If the court orders a treatment plan under this section as a condition of a commitment for treatment in a community facility, program, or course of treatment, the chief medical officer of the facility or program at which the respondent has been ordered to receive outpatient treatment and at which the respondent is treated as an outpatient or the chief medical officer's designee shall submit a treatment plan, including any outpatient treatment recommendations that the respondent is required to follow, to the clerk of district court as soon as practical. However, the plan must be submitted no later than 30 days after the respondent has been ordered to receive treatment as an outpatient.
(3) A treatment plan must be developed with the respondent and the friend of respondent or respondent's family, if family involvement is determined by the court in consultation with the mental health professional to be in the best interests of the respondent.
(4) The clerk of district court shall send a copy of the proposed treatment plan to the court, to the respondent, to the friend of respondent, and to the respondent's attorney of record, who may relay the respondent's objections to the treatment plan, if any, and provide alternative treatment recommendations to the court.
(5) The court may accept the treatment plan or require a revised treatment plan that is approved by a mental health professional.
History: En. Sec. 2, Ch. 342, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-151. Notification of noncompliance as condition for treatment plan -- response

53-21-151. Notification of noncompliance as condition for treatment plan -- response.
(1) If the respondent has been ordered to follow a treatment plan and the respondent does not substantially comply with the treatment plan developed pursuant to the order for treatment pursuant to a commitment to a community facility or program or course of treatment, the chief medical officer or designee shall promptly notify the court upon becoming aware of substantial noncompliance that is likely to result in at least one of the conditions in 53-21-126(1) and shall provide supporting documentation.
(2) The court may take reasonable steps to ensure compliance with the court's outpatient treatment order, including but not limited to the following:
(a) directing that the friend of respondent remind the respondent of the respondent's treatment obligations and attempt to persuade the noncompliant respondent to comply with the treatment plan;
(b) presenting the respondent to the mental health facility or program for treatment, including administration of medication pursuant to 53-21-127(6); or
(c) directing the treating provider to work with the respondent to bring about compliance with the treatment plan.
History: En. Sec. 3, Ch. 342, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-152. Department funding responsibility

53-21-152. Department funding responsibility.
The department shall develop a separate funding category and procedure for payment for services that are court-ordered for a commitment to a community facility or program or course of treatment. However, nothing in this chapter obligates the department to pay for services ordered under 53-21-127 unless the respondent is eligible for mental health services under the public mental health system funded by the department, the service is one that the department has included in its mental health program, and the department determines that the mental health service is medically necessary for the respondent.
History: En. Sec. 4, Ch. 342, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-153. Repealed

53-21-153. Repealed.
Sec. 22, Ch. 329, L. 2011.
History: En. Sec. 1, Ch. 533, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-161. Qualifications of professional persons

53-21-161. Qualifications of professional persons.
In every mental health facility to which a person is admitted pursuant to this part:
(1) each professional person and other staff member employed by the facility shall meet all certification requirements promulgated by the department;
(2) all nonprofessional staff members who have not had prior clinical experience in a mental institution shall have substantial orientation training;
(3) staff members on all levels shall have regularly scheduled inservice training;
(4) each nonprofessional staff member shall be under the direct supervision of a professional person.
History: En. 38-1323 by Sec. 23, Ch. 466, L. 1975; R.C.M. 1947, 38-1323.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-163. Examination following commitment

53-21-163. Examination following commitment.
Within 30 days after a patient is committed to a mental health facility, the professional person in charge of the facility or the professional person's appointed, professionally qualified agent shall reexamine the committed patient and shall determine whether the patient continues to require commitment to the facility and whether a treatment plan complying with this part has been implemented. If the patient no longer requires commitment to the facility in accordance with the standards for commitment, the patient must be released immediately without further order of the court unless the patient agrees to continue with treatment on a voluntary basis. If for sound professional reasons a treatment plan has not been implemented, this fact must be reported immediately to the professional person in charge of the facility, the director of the department, the mental disabilities board of visitors, and the patient's counsel.
History: En. 38-1325 by Sec. 25, Ch. 466, L. 1975; amd. Sec. 14, Ch. 546, L. 1977; R.C.M. 1947, 38-1325; amd. Sec. 1922, Ch. 56, L. 2009; amd. Sec. 1, Ch. 207, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-164. Repealed

53-21-164. Repealed.
Sec. 15, Ch. 14, Sp. L. June 1986.
History: En. 38-1327 by Sec. 27, Ch. 466, L. 1975; R.C.M. 1947, 38-1327; amd. Sec. 13, Ch. 363, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-166. Records to be confidential -- exceptions

53-21-166. Records to be confidential -- exceptions.
All information obtained and records prepared in the course of providing any services under this part to individuals under any provision of this part are confidential and privileged matter and must remain confidential and privileged after the individual is discharged from the facility. Except as provided in Title 50, chapter 16, part 5, information and records may be disclosed only:
(1) in communications between qualified professionals in the provision of services or appropriate referrals;
(2) when the recipient of services designates persons to whom information or records may be released or if a recipient of services is a ward and the recipient's guardian or conservator designates in writing persons to whom records or information may be disclosed. However, this section may not be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information that has been given to the physician, psychologist, social worker, nurse, attorney, or other professional person in confidence by members of a patient's family.
(3) to the extent necessary to make claims on behalf of a recipient of aid, insurance, or medical assistance to which a recipient may be entitled;
(4) for research if the department has promulgated rules for the conduct of research. Rules must include but are not limited to the requirement that all researchers shall sign an oath of confidentiality.
(5) to the courts as necessary for the administration of justice;
(6) to persons authorized by an order of court, after notice and opportunity for hearing to the person to whom the record or information pertains and the custodian of the record or information pursuant to the rules of civil procedure;
(7) to members of the mental disabilities board of visitors or their agents when necessary to perform their functions as set out in 53-21-104;
(8) to the state protection and advocacy program for individuals with mental illness when necessary to comply with 53-21-107(9); and
(9) to the mental health ombudsman when necessary to perform the ombudsman functions as provided in 2-15-210.
History: En. 38-1329 by Sec. 29, Ch. 466, L. 1975; R.C.M. 1947, 38-1329; amd. Sec. 28, Ch. 632, L. 1987; amd. Sec. 8, Ch. 579, L. 1991; amd. Sec. 2, Ch. 544, L. 2001; amd. Sec. 2, Ch. 776, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-167. Patient labor

53-21-167. Patient labor.
The following rules govern patient labor:
(1) A patient may not be required to perform labor that involves the operation and maintenance of a facility or for which the facility is under contract with an outside organization. Privileges or release from the facility may not be conditioned upon the performance of labor covered by this provision. Patients may voluntarily engage in the labor if the labor is compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.
(2) (a) Patients may be required to perform therapeutic tasks that do not involve the operation and maintenance of the facility if the specific task or any change in assignment is:
(i) an integrated part of the patient's treatment plan and approved as a therapeutic activity by a professional person responsible for supervising the patient's treatment; and
(ii) supervised by a staff member to oversee the therapeutic aspects of the activity.
(b) Patients may voluntarily engage in therapeutic labor for which the facility would otherwise have to pay an employee if the specific labor or any change in labor assignment is:
(i) an integrated part of the patient's treatment plan and approved as a therapeutic activity by a professional person responsible for supervising the patient's treatment;
(ii) supervised by a staff member to oversee the therapeutic aspects of the activity; and
(iii) compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.
(3) If any patient performs therapeutic labor that involves the operation and maintenance of a facility but due to physical or mental disability is unable to perform the labor as efficiently as a person not so physically or mentally disabled, then the patient may be compensated at a rate that bears the same approximate relation to the statutory minimum wage as the patient's ability to perform that particular job bears to the ability of a person not so afflicted.
(4) Patients may be required to perform tasks of a personal housekeeping nature, such as the making of one's own bed.
(5) Deductions or payments for care and other charges may not deprive a patient of a reasonable amount of the compensation received pursuant to this section for personal and incidental purchases and expenses.
History: En. 38-1318 by Sec. 18, Ch. 466, L. 1975; R.C.M. 1947, 38-1318; amd. Sec. 1923, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-168. Statement of rights to be furnished and posted

53-21-168. Statement of rights to be furnished and posted.
Each patient shall promptly upon admission receive in language the patient understands a written statement of all of the patient's rights under this part, including the right to treatment, the right to the development of a treatment plan, the right to and the availability of legal counsel, and the rules for patient labor. In addition, a copy of the statement of rights must be posted in each ward.
History: En. 38-1331 by Sec. 31, Ch. 466, L. 1975; amd. Sec. 17, Ch. 546, L. 1977; R.C.M. 1947, 38-1331; amd. Sec. 1924, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-169. Protection and advocacy system -- designation and authority

53-21-169. Protection and advocacy system -- designation and authority.
(1) A protection and advocacy system for individuals with a significant mental illness or emotional impairment is designated by the governor and may be administered in the state under the provisions of 42 U.S.C. 10801 through 10851. An eligible mental health protection and advocacy system under the provisions of 42 U.S.C. 10801 through 10851 must have as its primary goals:
(a) the protection and advocacy of the rights of mentally ill individuals who are defined in 42 U.S.C. 10802 as individuals with a significant mental illness or emotional impairment; and
(b) the investigation of incidents of abuse and neglect, as defined in 42 U.S.C. 10802, of mentally ill individuals.
(2) Pursuant to 42 U.S.C. 10801 and 10802, the protection and advocacy system may:
(a) investigate incidents of abuse and neglect of mentally ill individuals;
(b) pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are residents of the state and are receiving care or treatment in the state;
(c) have access to all mentally ill individuals and all facilities, wards, and living quarters as necessary to fulfill the goals described in subsection (1); and
(d) pursuant to 42 U.S.C. 10801 through 10851 and Title 50, chapter 16, part 5, have access to records, including:
(i) reports prepared by the staff of a mental health care and treatment facility;
(ii) reports prepared by an agency investigating reports of abuse, neglect, and injury occurring at a facility and that describe the incidents and the steps taken to investigate the reports;
(iii) reports provided by the director of the department pursuant to 53-21-107(9); and
(iv) discharge planning records.
(3) All information obtained under this section must be kept confidential pursuant to 42 U.S.C. 10806.
(4) The protection and advocacy system described in this section is independent of any public or private agency that provides treatment or services to the mentally ill.
History: En. Sec. 1, Ch. 579, L. 1991; amd. Sec. 3, Ch. 776, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-180. Discharge plan

53-21-180. Discharge plan.
Each patient admitted as an inpatient to a mental health facility must have an individualized discharge plan developed within 10 days after admission. The discharge plan must be updated as necessary. Each individualized discharge plan must contain:
(1) an anticipated discharge date;
(2) criteria for discharge;
(3) identification of the facility staff member responsible for discharge planning;
(4) identification of the community-based agency or individual who is assisting in arranging postdischarge services;
(5) referrals for financial assistance needed by the patient upon discharge; and
(6) other information necessary to ensure an appropriate discharge and adequate postdischarge services.
History: En. Sec. 3, Ch. 293, L. 1993; amd. Sec. 5, Ch. 247, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral

53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral.
(1) (a) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on the written order of the professional person in charge of the patient without further order of the court.
(b) If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128, a patient whose commitment was to a facility other than a category D assisted living facility must be discharged by the facility at the end of the period of commitment without further order of the court.
(c) A patient who was committed to a category D assisted living facility may be discharged from supervision by the court but may remain as a resident if the category D assisted living facility and the patient agree.
(2) Notice of the discharge must be filed with the court and the county attorney at least 5 days prior to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient.
(3) Upon being discharged, each patient has a right to be referred, as appropriate, to other providers of mental health services.
History: En. 38-1306 by Sec. 6, Ch. 466, L. 1975; amd. Sec. 6, Ch. 546, L. 1977; R.C.M. 1947, 38-1306(2); amd. Sec. 9, Ch. 579, L. 1991; amd. Sec. 14, Ch. 342, L. 2001; amd. Sec. 2, Ch. 207, L. 2017; amd. Sec. 7, Ch. 402, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-182. Court-ordered release to alternative placement or treatment

53-21-182. Court-ordered release to alternative placement or treatment.
At any time during the patient's commitment, the court may, on its own initiative or upon application of the professional person in charge of the patient, the patient, the patient's next of kin, the patient's attorney, a third party responsible for payment for the care of the patient, or the friend of respondent appointed by the court, order the patient to be placed in the care and custody of relatives or guardians or to be provided outpatient therapy or other appropriate placement or treatment.
History: En. 38-1306 by Sec. 6, Ch. 466, L. 1975; amd. Sec. 6, Ch. 546, L. 1977; R.C.M. 1947, 38-1306(5); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 31, Ch. 490, L. 1997.