reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1010. County commissioners -- community mental health centers -- licensed mental health centers

53-21-1010. County commissioners -- community mental health centers -- licensed mental health centers.
(1) The county commissioners in each of the counties in the region or service area that are designated as participating counties pursuant to subsection (4) may appoint, upon request, a person from their respective county to serve as a representative of the county on a community mental health center board or other licensed mental health center board.
(2) A community mental health center board or other licensed mental health center board may establish a recommended proportionate level of financial participation for each of the counties within the region for the provision of mental health services within the limits of financial participation authorized by this section.
(3) Prior to June 10 of each year, the board of a community mental health center or other licensed mental health center may submit an annual budget to the board of county commissioners of each of the counties within their mental health region or service area, specifying each county's recommended proportionate share.
(4) If a board of county commissioners includes in the county budget the county's proportionate share of the community mental health center or other licensed mental health center board's budget, the county must be designated as a participating county. Funds for each participating county's proportionate share for the operation of mental health services within the region must be derived from the county's general fund. Subject to 15-10-420, if the general fund is insufficient to meet the approved budget, a levy may be made on the taxable valuation of the county.
(5) Each board of county commissioners, after determining the amount of county general fund money to be used for mental health services, may contract with a community mental health center or another licensed mental health center or provider for mental health services in the county.
History: En. Sec. 6, Ch. 602, L. 2003; amd. Sec. 18, Ch. 453, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1011. Continuation of services

53-21-1011. Continuation of services.
This part may not be construed to prevent the continuation of services by or the facilities of existing community mental health centers or of any other appropriately certified or licensed mental health center or mental health professional.
History: En. Sec. 7, Ch. 602, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1012. Availability of services

53-21-1012. Availability of services.
(1) The services funded by the department are available without discrimination on the basis of race, color, creed, religion, or ability to pay and must comply with Title VI of the Civil Rights Act of 1964.
(2) Services available to individuals unable to pay may be limited by the department based upon availability of funding.
History: En. Sec. 8, Ch. 602, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1013. Purpose

53-21-1013. Purpose.
The purpose of this part is to:
(1) create service area authorities that collaborate with the department and local advisory councils to plan, implement, and evaluate regional public mental health care within the budget constraints for each service region;
(2) promote consumer and family leadership within the public mental health system through service area authorities; and
(3) foster a consumer-driven and family-driven system of public mental health care that advances:
(a) access to a continuum of mental health services; and
(b) individual choice of services and providers.
History: En. Sec. 1, Ch. 553, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 11. Suicide Prevention Program › 53-21-1102. Suicide reduction plan

53-21-1102. Suicide reduction plan.
(1) The department shall produce a biennial suicide reduction plan that must be submitted to the legislature as provided in 5-11-210.
(2) The plan must include:
(a) an assessment of both risk and protective factors impacting Montana's suicide rate;
(b) an assessment of both risk factors and protective factors impacting the suicide rates of active duty members, reserve members, and guard members of the uniformed services and veterans in Montana;
(c) specific activities to reduce suicide, including activities directed at active duty members, reserve members, and guard members of the uniformed services and veterans;
(d) concrete targets for suicide reduction among various demographic populations, including but not limited to American Indians, active duty members, reserve members, and guard members of the uniformed services and veterans, and youth;
(e) measurable outcomes for all activities; and
(f) information on all existing state suicide reduction activities for all state agencies, as well as any known local or tribal suicide reduction activities.
(3) Upon the development of a suicide reduction plan draft, the department shall initiate a public comment period of not less than 21 days during which members of mental health advocacy groups and other interested parties may submit comments on and suggestions for the plan. The department shall produce a final plan, which takes public comment into account, no later than 60 days after the close of the comment period. The plan must be published on the department's website and submitted to:
(a) the children, families, health, and human services interim committee and the legislature as provided in 5-11-210;
(b) the director of the department; and
(c) the governor.
History: En. Sec. 2, Ch. 471, L. 2007; amd. Sec. 11, Ch. 353, L. 2013; amd. Sec. 2, Ch. 87, L. 2021; amd. Sec. 1, Ch. 365, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 11. Suicide Prevention Program › 53-21-1103. Suicide hotline

53-21-1103. Suicide hotline.
(1) The department is required to have a suicide crisis hotline available, staffed by paid, trained employees 24 hours a day and 365 days a year.
(2) The hotline may be operated by the department or by a qualified Montana-based, nonprofit organization.
(3) The department shall conduct an annual review of hotline utilization and operator performance.
History: En. Sec. 3, Ch. 471, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 11. Suicide Prevention Program › 53-21-1108. Terminated

53-21-1108. Terminated.
Sec. 16, Ch. 353, L. 2013.
History: En. Sec. 4, Ch. 353, L. 2013; amd. Sec. 55, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 11. Suicide Prevention Program › 53-21-1111. Suicide prevention grants

53-21-1111. Suicide prevention grants.
(1) The department shall administer a grant program from funds appropriated by the legislature for suicide prevention activities pursuant to this section.
(2) (a) To be eligible for a grant under this section, an entity shall demonstrate credible evidence to the department that the activity to be funded is effective in preventing suicide.
(b) An activity must be considered effective if it meets one or more of the following criteria:
(i) it has been cited as effective by peer-reviewed research or literature;
(ii) it was a formally adopted recommendation of the Montana suicide review team established in section 3, Chapter 353, Laws of 2013; or
(iii) it increases knowledge of and response to adverse childhood experiences.
(3) The requirements of this section apply to youth suicide prevention programs funded with money from the healing and ending addiction through recovery and treatment account provided for in 16-12-122.
History: En. Sec. 2, Ch. 233, L. 2017; amd. Sec. 2, Ch. 181, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1201. Diversion of certain persons suffering from mental disorders from detention center

53-21-1201. Diversion of certain persons suffering from mental disorders from detention center.
(1) The sheriff or administrator of a detention center in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require commitment, as defined in 53-21-102.
(2) If as a result of screening and observation it is believed that an inmate is suffering from a mental disorder and may require commitment, the sheriff or administrator of the detention center shall:
(a) request services from a crisis intervention program established by the department, as provided for in 53-21-1202;
(b) refer the inmate to the nearest qualified mental health care provider as arranged by the county; or
(c) subject to 53-21-193 and subsection (3) of this section, transfer the inmate to a private mental health facility, a behavioral health inpatient facility, or a hospital equipped to provide treatment and care of persons who are suffering from a mental disorder and who require commitment.
(3) The facility must be notified, and the facility shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before a person may be transferred under this section.
(4) As used in this section, the term "minor misdemeanor offense" includes but is not limited to a nonserious misdemeanor, such as criminal trespass to property, loitering, disorderly conduct, and disturbing the public peace.
(5) A person intoxicated by drugs or alcohol who is accused of a minor misdemeanor offense may be detained in a jail until the level of intoxication is reduced to the point that screening for a mental disorder and the need for commitment can be performed.
History: En. Sec. 3, Ch. 636, L. 1991; amd. Sec. 2, Ch. 312, L. 1993; amd. Sec. 488, Ch. 546, L. 1995; amd. Sec. 28, Ch. 490, L. 1997; amd. Sec. 4, Ch. 247, L. 1999; amd. Sec. 8, Ch. 513, L. 2003; amd. Sec. 4, Ch. 561, L. 2003; amd. Sec. 14, Ch. 602, L. 2003; Sec. 53-21-138, MCA 2007; redes. 53-21-1201 by Sec. 3(2), Ch. 479, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1202. Crisis intervention programs -- rulemaking authority

53-21-1202. Crisis intervention programs -- rulemaking authority.
(1) The department shall, subject to available appropriations for the purposes of this part, establish crisis intervention programs. The programs must be designed to provide 24-hour emergency admission and care of persons suffering from a mental disorder and requiring commitment in a temporary, safe environment in the community as an alternative to placement in jail.
(2) The department shall provide information and technical assistance regarding needed services and assist counties and federally recognized tribal governments in developing plans for crisis intervention services and for the provision of alternatives to jail placement.
(3) The department may provide crisis intervention programs as:
(a) a rehabilitative service under 53-6-101(4)(j); and
(b) a targeted case management service authorized in 53-6-101(4)(o).
(4) The department shall adopt rules to:
(a) implement the grant program provided for in 53-21-1203;
(b) contract for detention beds pursuant to 53-21-1204; and
(c) pay for short-term inpatient treatment that is provided pursuant to 53-21-1205.
History: En. Sec. 4, Ch. 636, L. 1991; amd. Sec. 489, Ch. 546, L. 1995; amd. Sec. 29, Ch. 490, L. 1997; amd. Sec. 2, Ch. 530, L. 2005; Sec. 53-21-139, MCA 2007; redes. 53-21-1202 by Sec. 3(2), Ch. 479, L. 2009; amd. Sec. 1, Ch. 207, L. 2015; amd. Sec. 1, Ch. 219, L. 2017; amd. Sec. 29, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1204. Department to contract for detention beds

53-21-1204. Department to contract for detention beds.
(1) To the extent funding is appropriated for the purposes of this section, for each service area, as defined in 53-21-1001, the department shall contract with a mental health facility for psychiatric treatment beds that may be used for:
(a) inpatient crisis intervention services needed prior to an involuntary commitment petition being filed; and
(b) emergency detention under 53-21-129 and court-ordered detention under 53-21-124 after an involuntary commitment petition has been filed but before final disposition.
(2) Contracting pursuant to this section must take into consideration strategic plans developed pursuant to 53-21-1201 and 53-21-1202 and local need for precommitment and short-term inpatient treatment services.
(3) Each contract must provide that for payment of costs for detention, evaluation, and treatment pursuant to subsection (1), the facility shall bill for payment of costs in the order of priority provided for under 53-21-132(2)(a).
(4) Each contract must require the collection and reporting of fiscal and program data in the time and manner prescribed by the department to support program evaluation and measure progress on performance objectives. The department shall establish baseline data on emergency and court-ordered detention admissions to the state hospital from each county and analyze the effect of contracting under this section on state hospital admissions.
History: En. Sec. 1, Ch. 480, L. 2009; amd. Sec. 3, Ch. 207, L. 2015; amd. Sec. 3, Ch. 219, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1205. Short-term inpatient treatment -- process -- placement -- length -- conditions for proceeding with commitment hearing

53-21-1205. Short-term inpatient treatment -- process -- placement -- length -- conditions for proceeding with commitment hearing.
(1) When a commitment hearing has been suspended pursuant to 53-21-123(3)(b) so that the respondent may be diverted to short-term inpatient treatment, the professional person who conducted the examination shall, with the concurrence of the county attorney, recommend to the court an appropriate placement in a mental health facility with available short-term treatment beds.
(2) Short-term inpatient treatment may not exceed 14 days, except pending a commitment hearing scheduled pursuant to subsection (5).
(3) Subject to the provisions of this section, a respondent may be released before completing 14 days of treatment if the professional person responsible for the respondent's treatment plan determines that the respondent no longer requires inpatient treatment. However, the county attorney and the respondent's attorney must be notified at least 24 hours before a respondent is released.
(4) When a respondent is released, the professional person shall notify the court and the court shall dismiss the commitment petition.
(5) The court must be notified and shall proceed with a commitment hearing within 5 business days of receiving notice of any of the following circumstances:
(a) the professional person responsible for the respondent's treatment plan determines that the respondent should not be released after 14 days of treatment because, in the professional person's judgment, an emergency situation would exist if the respondent were released;
(b) the respondent refuses treatment;
(c) the respondent's attorney requests the respondent's release before the 14-day treatment period is completed; or
(d) the county attorney objects to the respondent's release within 24 hours of being notified of the respondent's pending release as required in subsection (3).
History: En. Sec. 5, Ch. 481, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1206. Treatment and discharge plan -- safety -- rights

53-21-1206. Treatment and discharge plan -- safety -- rights.
(1) For each respondent admitted as an inpatient to a mental health facility for short-term inpatient treatment pursuant to 53-21-1205 and this section, the provisions of 53-21-162 and 53-21-180 apply, except as follows:
(a) the comprehensive physical and mental examination and review of behavioral status must be completed within 24 hours of admission;
(b) the individualized treatment plan must be implemented no later than 3 days after the admission; and
(c) a discharge plan must be developed prior to discharge.
(2) Short-term inpatient treatment must be provided in a manner that considers the safety of the respondent, other patients, staff, and the general public.
(3) A respondent in a mental health facility for short-term inpatient treatment is entitled to all of the rights and protections provided in part 1 of this chapter.
History: En. Sec. 6, Ch. 481, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1207. Mental health services special revenue account

53-21-1207. Mental health services special revenue account.
(1) There is a mental health services special revenue account within the state special revenue fund established in 17-2-102.
(2) The account consists of:
(a) money transferred into the account; and
(b) money appropriated by the legislature.
(3) Money in the account must be used by the department to pay for services provided by behavioral health peer support specialists pursuant to 53-6-101.
History: En. Sec. 1, Ch. 297, L. 2019; amd. Sec. 86, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1208. Terminated

53-21-1208. Terminated.
Sec. 9, Ch. 416, L. 2019.
History: En. Sec. 1, Ch. 416, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1209. Terminated

53-21-1209. Terminated.
Sec. 9, Ch. 416, L. 2019.
History: En. Sec. 2, Ch. 416, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 12. Jail Diversion and Crisis Intervention › 53-21-1210. Terminated

53-21-1210. Terminated.
Sec. 9, Ch. 416, L. 2019.
History: En. Sec. 3, Ch. 416, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 13. Mental Health Care Advance Directives › 53-21-1301. Purpose

53-21-1301. Purpose.
The purpose of this part is to:
(1) promote more timely, informed, compassionate, and effective mental health care;
(2) recognize the right of any person who has capacity to give or withhold informed consent for mental health services;
(3) prevent unnecessary delays in receiving care for a mental disorder in times of impending or actual crisis;
(4) allow a person with mental illness to provide the legal authority for provision of health care during a period of incapacity, even over the person's own protest;
(5) reduce the use of costly legal interventions, including emergency detentions, civil commitment, involuntary medication, and guardianship;
(6) minimize the impacts of crisis on people, families, communities, and providers; and
(7) support the relationship between the provider and the patient by promoting thoughtful, constructive, and timely communication.
History: En. Sec. 1, Ch. 329, L. 2011.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 13. Mental Health Care Advance Directives › 53-21-1302. Definitions

53-21-1302. Definitions.
As used in this part, the following definitions apply:
(1) "Agent" means a person designated in a directive to make health care decisions for the principal granting power.
(2) "Capacity" is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.
(3) "Directive" means a mental health care advance directive or any part of a mental health care advance directive.
(4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.
(5) "Incapacitated" means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care.
(6) "Principal" means a person who executes a directive, whether or not that directive designates an agent to make health care decisions.
(7) "Supervising health care provider" means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care.
History: En. Sec. 2, Ch. 329, L. 2011.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 13. Mental Health Care Advance Directives › 53-21-1303. Presumption of capacity

53-21-1303. Presumption of capacity.
(1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive.
(2) This part does not affect the right of a person to make health care decisions while having capacity to do so.
History: En. Sec. 3, Ch. 329, L. 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 14. Crisis Stabilization Services › 53-21-1404. Claims and reimbursement -- exceptions

53-21-1404. Claims and reimbursement -- exceptions.
(1) The department shall adopt and make available a fee schedule for crisis stabilization services.
(2) Claims for crisis stabilization services provided pursuant to this part must be submitted to the department as provided by rule.
(3) Providers shall accept the amounts payable under this section as payment in full for services delivered to eligible individuals during the presumptive eligibility period.
(4) Services delivered to an individual in crisis may not be reimbursed if:
(a) the services delivered were not approved for reimbursement by the department; or
(b) the provider is not enrolled with the department.
History: En. Sec. 4, Ch. 201, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 14. Crisis Stabilization Services › 53-21-1405. Rulemaking authority

53-21-1405. Rulemaking authority.
The department may adopt rules establishing:
(1) limits on the scope and duration of crisis stabilization services, except for reimbursement for two psychiatric diagnostic interviews during the presumptive eligibility period;
(2) requirements for participating providers and their enrollment in the program;
(3) the scope of services that may be reimbursed because they involve coordination or management of care;
(4) the elements of the required plan for crisis stabilization;
(5) procedures for submitting claims for reimbursement for services provided during the presumptive eligibility period;
(6) procedures for the department's review and audit of claims and for recovery of overpayments;
(7) recordkeeping and confidentiality requirements; and
(8) any other requirements needed to carry out the purpose of this part.
History: En. Sec. 5, Ch. 201, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 22. Interstate Compact on Mental Health › Part 1. General Provisions › 53-22-102. Compact administrator

53-22-102. Compact administrator.
The director of the department of public health and human services is the compact administrator and may make any rules necessary for the administration of the compact. The director shall cooperate with all departments, agencies, and officers of the state and any political subdivision thereof to facilitate the proper administration of the Interstate Compact on Mental Health or of any supplementary agreement or agreements entered into thereunder by this state.
History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(2)); amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 501, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 22. Interstate Compact on Mental Health › Part 1. General Provisions › 53-22-103. Supplementary agreements

53-22-103. Supplementary agreements.
The director may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact.
History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(3)).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 22. Interstate Compact on Mental Health › Part 1. General Provisions › 53-22-104. Annual budget

53-22-104. Annual budget.
The department of public health and human services in its annual budget shall include amounts necessary to discharge the financial obligations incurred by it to carry out the purposes of the Interstate Compact on Mental Health.
History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(4)); amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 502, Ch. 546, L. 1995; amd. Sec. 11, Ch. 10, L. 2009.