reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 22. Interstate Compact on Mental Health › Part 1. General Provisions › 53-22-105. Court review

53-22-105. Court review.
The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to not make a transfer out of the state without approval of the district or probate court. Before granting approval, the court shall hold hearings that it considers appropriate. In addition, the court shall designate some appropriate person to deliver written notice of the proposed transferee's right to a hearing to the proposed transferee and the transferee's guardian ad litem. The person serving the notices shall make a written return to the court that service has been made. At the conclusion of the hearing, if any, the court may approve the proposed transfer, order the release of the proposed transferee, or enter any other suitable order.
History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(5)); amd. Sec. 1928, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 22. Interstate Compact on Mental Health › Part 1. General Provisions › 53-22-106. Authenticated copies

53-22-106. Authenticated copies.
Duly authenticated copies of the compact shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general, and the secretary of state of the United States and the Council of State Governments.
History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(6)).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 23. Eugenical Sterilization (Repealed) › Part 1. General Provisions (Repealed) › 53-23-101. Repealed

53-23-101. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. Sec. 1, Ch. 332, L. 1969; R.C.M. 1947, 69-6401(part).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 23. Eugenical Sterilization (Repealed) › Part 1. General Provisions (Repealed) › 53-23-102. Repealed

53-23-102. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. Sec. 1, Ch. 332, L. 1969; R.C.M. 1947, 69-6401(part).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 23. Eugenical Sterilization (Repealed) › Part 1. General Provisions (Repealed) › 53-23-103. Repealed

53-23-103. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. Sec. 3, Ch. 332, L. 1969; amd. Sec. 34, Ch. 120, L. 1974; R.C.M. 1947, 69-6403.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 23. Eugenical Sterilization (Repealed) › Part 1. General Provisions (Repealed) › 53-23-104. Repealed

53-23-104. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. Sec. 4, Ch. 332, L. 1969; amd. Sec. 35, Ch. 120, L. 1974; R.C.M. 1947, 69-6404.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 23. Eugenical Sterilization (Repealed) › Part 1. General Provisions (Repealed) › 53-23-105. Repealed

53-23-105. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. Sec. 6, Ch. 332, L. 1969; amd. Sec. 37, Ch. 120, L. 1974; R.C.M. 1947, 69-6406.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-101. Legislative purpose

53-24-101. Legislative purpose.
It is the purpose of this chapter and the policy of this state to recognize chemical dependency as a problem affecting the health, safety, morals, economy, and general welfare of this state; to recognize chemical dependency as a problem subject to treatment; and to recognize the sufferer of chemical dependency as worthy of treatment and rehabilitation. It is the intent of this chapter to establish means whereby the appropriate resources of this state may be focused fully and effectively upon the problem of chemical dependency and utilized in implementing programs for the control and treatment of this problem.
History: En. Sec. 1, Ch. 303, L. 1969; Sec. 69-6201, R.C.M. 1947; redes. 80-2701 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 49, Ch. 37, L. 1977; R.C.M. 1947, 80-2701; amd. Sec. 1, Ch. 406, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-102. Declaration of policy

53-24-102. Declaration of policy.
It is the policy of the state of Montana to recognize alcoholism as an illness and that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.
History: En. 69-6211 by Sec. 1, Ch. 302, L. 1974; Sec. 69-6211, R.C.M. 1947; redes. 80-2708 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2708.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-104. Deposit of funds from federal or private sources with state treasurer

53-24-104. Deposit of funds from federal or private sources with state treasurer.
Funds available to the department from federal or private sources for use in chemical dependency prevention, treatment, and control programs shall be deposited with the state treasurer to the account of the department in the federal special revenue fund or the state special revenue fund.
History: En. Sec. 7, Ch. 303, L. 1969; Sec. 69-6207, R.C.M. 1947; redes. 80-2707 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2707; amd. Sec. 15, Ch. 38, L. 1979; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 3, Ch. 406, L. 1983; amd. Sec. 5, Ch. 700, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-105. Application of administrative procedure act

53-24-105. Application of administrative procedure act.
The Montana Administrative Procedure Act applies to and governs all administrative actions taken under this chapter.
History: En. 69-6224 by Sec. 14, Ch. 302, L. 1974; Sec. 69-6224, R.C.M. 1947; redes. 80-2721 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2721.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-106. Criminal laws limitation

53-24-106. Criminal laws limitation.
(1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(2) This section does not affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, an aircraft, a boat, machinery, or other equipment or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons.
(3) This section does not prevent the department from imposing a sanction on or denying eligibility to applicants for or recipients of public assistance who fail or refuse to comply with all eligibility criteria and program requirements.
History: En. 80-2723 by Sec. 2, Ch. 403, L. 1975; R.C.M. 1947, 80-2723; amd. Sec. 41, Ch. 465, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 1. General Provisions › 53-24-107. Public intoxication not criminal offense

53-24-107. Public intoxication not criminal offense.
(1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.
(2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.
(3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.
(4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.
History: En. 80-2724 by Sec. 3, Ch. 403, L. 1975; R.C.M. 1947, 80-2724; amd. Sec. 1, Ch. 442, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-201. Department to administer chapter

53-24-201. Department to administer chapter.
The department shall administer the provisions of this chapter.
History: En. Sec. 5, Ch. 303, L. 1969; Sec. 69-6205, R.C.M. 1947; redes. 80-2705 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2705.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-202. State and local government to cooperate with department

53-24-202. State and local government to cooperate with department.
All agencies of state government, local government, and all state and local government employees shall, upon request, cooperate with the department in its activities under this chapter, but nothing in the chapter shall be construed to give the department control over any state or local agency or employee unless otherwise provided by law.
History: En. Sec. 6, Ch. 303, L. 1969; Sec. 69-6206, R.C.M. 1947; redes. 80-2706 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2706.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-203. Repealed

53-24-203. Repealed.
Sec. 9, Ch. 711, L. 1979.
History: (1) thru (5)En. Sec. 3, Ch. 303, L. 1969; amd. Sec. 94, Ch. 349, L. 1974; Sec. 69-6203, R.C.M. 1947; amd. and redes. 80-2702 by Sec. 1, Ch. 280, L. 1975; amd. Sec. 50, Ch. 37, L. 1977; Sec. 80-2702, R.C.M. 1947; (6) thru (22)En. 69-6214 by Sec. 4, Ch. 302, L. 1974; Sec. 69-6214, R.C.M. 1947; redes. 80-2711 by Sec. 6, Ch. 280, L. 1975; Sec. 80-2711, R.C.M. 1947; R.C.M. 1947, 80-2702(1), 80-2711.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-204. Powers and duties of department

53-24-204. Powers and duties of department.
(1) To carry out this chapter, the department may:
(a) accept gifts, grants, and donations of money and property from public and private sources;
(b) enter into contracts; and
(c) acquire and dispose of property.
(2) The department shall:
(a) approve treatment facilities as provided for in 53-24-208;
(b) prepare a comprehensive long-term state chemical dependency plan every 4 years and update this plan each biennium;
(c) provide for and conduct statewide service system evaluations;
(d) distribute state and federal funds to the counties for approved treatment programs in accordance with the provisions of 53-24-108 and 53-24-206;
(e) plan in conjunction with approved programs and provide for training of program personnel delivering services to persons with a chemical dependency;
(f) establish the voucher program provided for in 53-24-218, including adopting rules to carry out the provisions of 53-24-218;
(g) establish criteria to be used for the development of new programs;
(h) provide planning for the optimal use of funds by increasing efficiency of services, ensuring existing needs are met, and encouraging rural counties to form multicounty districts or contract with urban programs for services;
(i) cooperate with the board of pardons and parole in establishing and conducting programs to provide treatment for intoxicated persons and persons with a chemical dependency in or on parole from penal institutions;
(j) establish standards for chemical dependency educational courses provided by state-approved treatment programs and approve or disapprove the courses;
(k) hold all state-approved facilities, programs, and providers to uniform standards as established by the department by rule; and
(l) assist all interested public agencies and private organizations in developing education and prevention programs for chemical dependency. (Subsection (2)(f) terminates June 30, 2027--sec. 7, Ch. 187, L. 2023.)
History: Ap.p. Sec. 3, Ch. 303, L. 1969; amd. Sec. 94, Ch. 349, L. 1974; R.C.M. 1947, 69-6203; amd. and redes. 80-2702 by Sec. 1, Ch. 280, L. 1975; amd. Sec. 50, Ch. 37, L. 1977; Sec. 80-2702, R.C.M. 1947; Ap.p. Sec. 3, Ch. 302, L. 1974; Sec. 69-6213, R.C.M. 1947; redes. 80-2710 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 2, Ch. 414, L. 1977; Sec. 80-2710, R.C.M. 1947; R.C.M. 1947, 80-2702(2), 80-2710; amd. Sec. 3, Ch. 711, L. 1979; amd. Sec. 176, Ch. 575, L. 1981; amd. Sec. 1, Ch. 365, L. 1983; amd. Sec. 4, Ch. 406, L. 1983; amd. Sec. 1, Ch. 126, L. 1985; amd. Sec. 42, Ch. 112, L. 1991; amd. Sec. 1, Ch. 186, L. 1991; amd. Sec. 38, Ch. 349, L. 1993; amd. Sec. 504, Ch. 546, L. 1995; amd. Sec. 13, Ch. 507, L. 1997; amd. Sec. 3, Ch. 140, L. 2003; amd. Sec. 1, Ch. 107, L. 2017; amd. Sec. 3, Ch. 187, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-205. Repealed

53-24-205. Repealed.
Sec. 15, Ch. 140, L. 1985.
History: En. 80-2703 by Sec. 4, Ch. 280, L. 1975; R.C.M. 1947, 80-2703.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-206. Administration of financial assistance

53-24-206. Administration of financial assistance.
(1) The department may apply for and receive grants, allotments, or allocations of funds or other assistance for purposes pertaining to the problems of chemical dependency or related social problems under laws and rules of the United States, any other state, or any private organization.
(2) The department may cooperate with any other government agency or private organization in programs on chemical dependency or related social problems. In carrying out cooperative programs, the department may make grants of financial assistance to government agencies and private organizations under terms and conditions agreed upon.
(3) (a) In administering proceeds derived from the liquor license tax, the beer license tax, or the wine tax, the department shall distribute those funds appropriated by the legislature. Money that is appropriated for distribution to approved private or public programs on a discretionary basis must be distributed to those programs that can demonstrate that:
(i) the program is achieving the goals and objectives mutually agreed upon by the program and the department; and
(ii) the receipt of additional funds would be justified.
(b) The remainder of the proceeds that are not appropriated, as provided in subsection (3)(a), or that are not statutorily appropriated in 53-24-108(1)(b) must be distributed to the counties for use by approved private or public programs. The distribution of these proceeds is statutorily appropriated as provided in 17-7-502 and must be distributed in the following manner:
(i) Eighty-five percent must be allocated according to the proportion of each county's population to the state's population according to the most recent United States census.
(ii) Fifteen percent must be allocated according to the proportion of the county's land area to the state's land area.
(c) Money distributed under subsection (3) may only be used for purposes pertaining to the problems of alcoholism and chemical dependency.
History: En. Sec. 4, Ch. 303, L. 1969; Sec. 69-6204, R.C.M. 1947; redes. 80-2704 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2704; amd. Sec. 17, Ch. 38, L. 1979; amd. Sec. 4, Ch. 711, L. 1979; amd. Sec. 5, Ch. 406, L. 1983; amd. Sec. 3, Ch. 513, L. 1983; amd. Sec. 32, Ch. 703, L. 1985; amd. Sec. 2, Ch. 402, L. 1987; amd. Sec. 5, Ch. 470, L. 2001; amd. Sec. 4, Ch. 140, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-207. Comprehensive program for treatment

53-24-207. Comprehensive program for treatment.
(1) The department shall establish a comprehensive and coordinated program for the treatment of chemically dependent persons, intoxicated persons, and family members.
(2) The program must include:
(a) emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;
(b) inpatient treatment;
(c) intermediate treatment;
(d) outpatient treatment; and
(e) followup services.
(3) The department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted under 53-24-301 through 53-24-303.
(4) All appropriate public and private resources must be coordinated with and used in the program if possible.
(5) The department shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.
History: En. 69-6215 by Sec. 5, Ch. 302, L. 1974; Sec. 69-6215, R.C.M. 1947; redes. 80-2712 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 3, Ch. 414, L. 1977; R.C.M. 1947, 80-2712; amd. Sec. 5, Ch. 711, L. 1979; amd. Sec. 6, Ch. 406, L. 1983; amd. Sec. 3, Ch. 165, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-208. Facility standards

53-24-208. Facility standards.
(1) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and fix the fees to be charged for the required inspections. The standards must be adopted by rule and may concern the health standards to be met and standards for the approval of treatment programs for patients.
(2) Facilities applying for approval shall demonstrate that a local need currently exists for proposed services.
(3) The department shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.
(4) The department shall maintain a list of approved public and private treatment facilities.
(5) Each approved public or private treatment facility shall, on request, file with the department data, statistics, schedules, and information that the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested or files fraudulent returns of the requested material must be removed from the list of approved treatment facilities.
(6) The department, after holding a hearing in accordance with the Montana Administrative Procedure Act, may suspend, revoke, limit, or restrict an approval or refuse to grant an approval for failure to meet its standards.
(7) A district court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.
(8) Upon petition of the department and after a hearing held upon reasonable notice to the facility, a district court may issue a warrant to the department authorizing it to enter and inspect at reasonable times and examine the books and accounts of any approved public or private treatment facility that refuses to consent to inspection or examination by the department or that the department has reasonable cause to believe is operating in violation of this chapter.
(9) If a rehabilitation facility otherwise meets the requirement in subsection (2), the department may consider as eligible for approval during the accreditation period any rehabilitation facility that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the commission on accreditation of rehabilitation facilities. The department shall inspect a facility considered eligible for approval under this section to ensure compliance with state approval standards.
History: En. 69-6216 by Sec. 6, Ch. 302, L. 1974; Sec. 69-6216, R.C.M. 1947; redes. 80-2713 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2713; amd. Sec. 7, Ch. 711, L. 1979; amd. Sec. 1, Ch. 393, L. 1991; amd. Sec. 6, Ch. 188, L. 1997; amd. Sec. 2, Ch. 107, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-209. Rules for acceptance for treatment

53-24-209. Rules for acceptance for treatment.
The department shall adopt rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of chemically dependent persons, intoxicated persons, and family members. In adopting the rules, the department must be guided by the following standards:
(1) If possible, a patient must be treated on a voluntary rather than an involuntary basis.
(2) A patient must be initially assigned or transferred to outpatient treatment unless found to require inpatient treatment.
(3) An individualized treatment plan must be prepared and maintained on a current basis for each person.
(4) Provision must be made for a continuum of coordinated treatment services so that a person who leaves a facility or a form of treatment will have available and use other appropriate treatment.
History: En. 69-6217 by Sec. 7, Ch. 302, L. 1974; Sec. 69-6217, R.C.M. 1947; redes. 80-2714 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 4, Ch. 414, L. 1977; R.C.M. 1947, 80-2714; amd. Sec. 7, Ch. 406, L. 1983; amd. Sec. 4, Ch. 513, L. 1983; amd. Sec. 1, Ch. 164, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-210. Repealed

53-24-210. Repealed.
Sec. 56, Ch. 349, L. 1993.
History: En. 69-6225 by Sec. 19, Ch. 302, L. 1974; Sec. 69-6225, R.C.M. 1947; amd. and redes. 80-2722 by Sec. 3, Ch. 280, L. 1975; R.C.M. 1947, 80-2722(part); amd. Sec. 8, Ch. 406, L. 1983; amd. Sec. 43, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-211. County plan to be submitted to department

53-24-211. County plan to be submitted to department.
(1) Every 4 years each county shall submit to the department a comprehensive countywide plan for the treatment, rehabilitation, and prevention of chemical dependency. Each county shall also submit annual plan updates that include, at a minimum, allocation to approved programs of revenues generated by taxation on alcoholic beverages.
(2) The plan must have been approved by the board of county commissioners and must contain information regarding existing private and public chemical dependency programs within the county. The plan must also contain information regarding the current and future needs of the county for the treatment, rehabilitation, and prevention of chemical dependency.
(3) The department shall approve or disapprove the countywide plan and annual updates. If the department disapproves a plan or update, the county may submit another plan or update to the department. In distributing funds to approved programs in a county, the department shall give consideration to the county plan.
(4) The department may adopt rules regarding the submission, submission dates, updates, approval, and disapproval of plans and the use of plans by the department in determining the needs of the county for the treatment, rehabilitation, and prevention of chemical dependency. No money may be distributed to a county by the department for the treatment, rehabilitation, and prevention of chemical dependency if the county does not comply with these rules.
History: En. Sec. 8, Ch. 711, L. 1979; amd. Sec. 1, Ch. 499, L. 1981; amd. Sec. 2, Ch. 365, L. 1983; amd. Sec. 9, Ch. 406, L. 1983; amd. Sec. 2, Ch. 393, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-215. Repealed

53-24-215. Repealed.
Sec. 14, Ch. 507, L. 1997.
History: En. Sec. 1, Ch. 508, L. 1991; amd. Sec. 1, Ch. 249, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-216. Repealed

53-24-216. Repealed.
Sec. 14, Ch. 507, L. 1997.
History: En. Sec. 2, Ch. 508, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-217. Repealed

53-24-217. Repealed.
Sec. 14, Ch. 507, L. 1997.
History: En. Sec. 3, Ch. 508, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 2. Administration by Department of Public Health and Human Services › 53-24-218. Chemical dependency treatment room and board voucher program -- eligibility -- provider and participant requirements

53-24-218. (Temporary) Chemical dependency treatment room and board voucher program -- eligibility -- provider and participant requirements.
(1) Subject to available funding, the department shall establish a room and board voucher program to support chemical dependency treatment for individuals who would otherwise be unable to access the treatment in a timely manner because of financial barriers.
(2) An approved private or public treatment program that has applied for and been selected to participate in the voucher program may submit vouchers for reimbursement of chemical dependency treatment room and board not otherwise covered by insurance or another assistance program. The individual receiving voucher-eligible services must:
(a) live in Montana;
(b) be 14 years of age or older; and
(c) have an annual family income at or below 200% of the federal poverty level.
(3) The voucher program may be used to cover the costs of room and board.
(4) An approved treatment program may apply to participate in the voucher program. If approved, the program remains eligible to participate for the full budget biennium during which approval was received unless the department terminates the program's participation for cause.
(5) A participating treatment program:
(a) may submit vouchers for payment of room and board provided to a qualifying individual as soon as costs are incurred if other payment sources are not immediately available;
(b) shall report any change in an individual's income or insurance status that makes the individual ineligible for further voucher payments;
(c) shall collect and report outcome measures as required by the department by rule; and
(d) shall keep records as required by the department to substantiate the cost of program-provided room and board. (Terminates June 30, 2027--sec. 7, Ch. 187, L. 2023.)
History: En. Sec. 1, Ch. 187, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-301. Treatment of the chemically dependent

53-24-301. Treatment of the chemically dependent.
(1) An applicant for voluntary admission or court-referred admission to an approved public or private treatment facility shall obtain confirmation that the applicant is chemically dependent and appropriate for medically monitored or managed inpatient care as described in the department's administrative rules. Any of the following health care professionals licensed under Title 37 may provide the confirmation required under this section:
(a) a physician;
(b) a naturopathic physician;
(c) a physician assistant;
(d) an advanced practice registered nurse; or
(e) a licensed addiction counselor.
(2) The department shall adopt rules to establish policies and procedures governing assessment, patient placement, confirmation, and admission to an approved public or private treatment facility. If the proposed patient is a minor or an incompetent person, the proposed patient or a parent, legal guardian, or other legal representative may make the application.
(3) Subject to rules adopted by the department, the administrator of an approved public treatment facility may determine who is admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator, subject to departmental rules, shall refer the person to an approved private treatment facility for treatment if possible and appropriate.
(4) If a patient receiving inpatient care leaves an approved public treatment facility, the patient must be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator of the treatment facility that the patient is chemically dependent and requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.
(5) If a patient leaves an approved public treatment facility, with or against the advice of the administrator of the facility, the department shall make reasonable provisions for the patient's transportation to another facility or to the patient's home. If the patient has no home, the patient must be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility must be made by a parent, legal guardian, or other legal representative or by the minor or incompetent, if the minor or incompetent person was the original applicant.
History: En. 69-6218 by Sec. 8, Ch. 302, L. 1974; Sec. 69-6218, R.C.M. 1947; redes. 80-2715 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2715; amd. Sec. 2, Ch. 164, L. 1995; amd. Sec. 17, Ch. 23, L. 2001; amd. Sec. 1, Ch. 20, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-303. Treatment and services for intoxicated persons

53-24-303. Treatment and services for intoxicated persons.
(1) A person who appears to be intoxicated in a public place and to be in need of help may be assisted to the person's home, an approved private treatment facility, or other health care facility by the police.
(2) A peace officer acting within the scope of the officer's authority under this chapter is not personally liable for the officer's actions.
History: En. 69-6219 by Sec. 9, Ch. 302, L. 1974; Sec. 69-6219, R.C.M. 1947; redes. 80-2716 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 5, Ch. 414, L. 1977; R.C.M. 1947, 80-2716; amd. Sec. 1, Ch. 241, L. 1985; amd. Sec. 2, Ch. 165, L. 1995; amd. Sec. 2, Ch. 442, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-304. Repealed

53-24-304. Repealed.
Sec. 4, Ch. 165, L. 1995.
History: En. 69-6220 by Sec. 10, Ch. 302, L. 1974; Sec. 69-6220, R.C.M. 1947; redes. 80-2717 by Sec. 6, Ch. 280, L. 1975; amd. Sec. 51, Ch. 37, L. 1977; amd. Sec. 6, Ch. 414, L. 1977; R.C.M. 1947, 80-2717; amd. Sec. 18, Ch. 38, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-305. Visitation and communication rights of patients

53-24-305. Visitation and communication rights of patients.
(1) Subject to reasonable rules regarding hours of visitation which the department may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel and for continuing contact with family and friends consistent with an effective treatment program.
(2) Neither mail nor other communication to or from a patient in any approved treatment facility may be intercepted, read, or censored. The administrator may adopt reasonable rules regarding the use of telephone by patients in approved treatment facilities.
History: En. 69-6223 by Sec. 13, Ch. 302, L. 1974; Sec. 69-6223, R.C.M. 1947; redes. 80-2720 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2720.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-306. Records of chemically dependent persons, intoxicated persons, and family members

53-24-306. Records of chemically dependent persons, intoxicated persons, and family members.
(1) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient.
(2) Notwithstanding subsection (1), the department may make available in accordance with Title 50, chapter 16, part 5, or other applicable law information from patients' records for purposes of research into the causes and treatment of chemical dependency. Information under this subsection may not be published in a way that discloses patients' names or other identifying information.
History: En. 69-6222 by Sec. 12, Ch. 302, L. 1974; Sec. 69-6222, R.C.M. 1947; redes. 80-2719 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2719; amd. Sec. 10, Ch. 406, L. 1983; amd. Sec. 29, Ch. 632, L. 1987; amd. Sec. 14, Ch. 396, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-311. Recovery residence requirements

53-24-311. Recovery residence requirements.
(1) A recovery residence shall register with the department of public health and human services.
(2) A recovery residence may seek certification from a certifying organization.
(3) A recovery residence must have policies and protocols for the following:
(a) administrative oversight;
(b) quality standards, including if the recovery residence limits or prohibits the use of narcotic medication;
(c) its residents;
(d) emergencies, including fire, natural disasters, and health emergencies, including overdose; and
(e) eviction of a resident, including the return of the resident's personal effects and property.
(4) A recovery residence must meet state and municipal requirements that apply to a residence's dwelling size and occupancy, including but not limited to safety requirements, building codes, zoning regulations, and local ordinance requirements.
(5) A recovery residence shall keep opioid-overdose drugs on site in an easily accessible place and train staff and residents on the use of opioid-overdose drugs.
(6) Minor children of residents may reside with their parent in a certified recovery residence if allowed in the residence's policies and protocols and if the residence maintains an environment consistent with the welfare of minor residents.
(7) The recovery residence may not limit a resident's duration of stay to an arbitrary or fixed amount of time unless all transition and completion dates are agreed on by both parties at the time of admission. Each resident's duration of stay is determined by the resident's needs, progress, and willingness to abide by the recovery residence's protocols in collaboration with the recovery residence's owner and operator and, if appropriate, in consultation with a qualified health care provider.
(8) The recovery residence may permit residents to receive medication-assisted treatment.
(9) (a) Each recovery residence shall provide an annual compliance report to the certifying organization, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided.
(b) The certifying organization shall provide an annual compliance report, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided, in accordance with 5-11-210, to the criminal justice oversight council.
History: En. Sec. 2, Ch. 648, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-312. Recovery residence prohibitions

53-24-312. Recovery residence prohibitions.
(1) The operator or staff of a recovery residence may not:
(a) make a materially false or misleading statement or provide materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing and advertising materials, media, and website;
(b) include on a website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;
(c) solicit, receive, or make an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility;
(d) engage or make an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility; or
(e) enter into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility through a call center or a web-based presence unless this contract is disclosed to the prospective patient or resident.
(2) In addition to any other penalty authorized by law, a recovery residence that knowingly violates this section is subject to prosecution and penalties pursuant to the Montana Consumer Protection Act, Title 30, chapter 14, part 1.
History: En. Sec. 3, Ch. 648, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-313. Powers and duties of department of public health and human services -- annual county report

53-24-313. Powers and duties of department of public health and human services -- annual county report.
(1) The department of public health and human services shall:
(a) maintain a registry of recovery residences in the state;
(b) include on its website a public-facing list of certifying organizations that operate in the state and are recognized by the department;
(c) include on its website a public-facing list of recovery residences in the state that indicates which recovery residences are certified recovery residences; and
(d) ensure that it supports several sets of certification standards from various certifying organizations to accommodate various program models.
(2) (a) By the date and on a form prescribed by the department, each county shall submit to the department an annual report of known recovery residences in the county.
(b) A report must contain the following information for each known recovery residence:
(i) the name of the recovery residence;
(ii) the physical and mailing addresses of the recovery residence;
(iii) the name and contact information of the owner of the recovery residence; and
(iv) additional information when available, including:
(A) the name and contact information of the recovery residence manager or other leadership staff;
(B) the population served by the recovery residence;
(C) whether the recovery residence limits or prohibits the use of narcotic medication; and
(D) other information the county considers pertinent.
(3) As permitted by federal and state law, the department shall post the location or physical address of a recovery residence on the department's website.
History: En. Sec. 4, Ch. 648, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 24. Alcoholism and Drug Dependence › Part 3. Treatment of Alcoholics and Intoxicated Persons › 53-24-314. Preferential placement at and referral to certified recovery residences -- informed consent required for placement in certain certified recovery residences

53-24-314. Preferential placement at and referral to certified recovery residences -- informed consent required for placement in certain certified recovery residences.
(1) The department of corrections shall establish a preference for certified recovery residences by encouraging and assisting appropriate individuals seeking placements in recovery residences.
(2) (a) A judge, justice of the peace, or magistrate may not refer an individual to an uncertified recovery residence.
(b) (i) A judge, justice of the peace, or magistrate shall refer an individual to at least two recovery residences, one of which must support United States food and drug administration-approved medication-assisted treatment of substance use disorders.
(ii) A judge, justice of the peace, or magistrate may not refer an individual to a certified recovery residence that does not permit the individual to receive treatment or take medication prescribed by a qualified health care provider without the informed consent of the individual who is subject to the referral.
(c) In addition to the requirements of subsection (2)(b), when referring an individual to a recovery residence, a qualified health care provider, judge, justice of the peace, or magistrate shall consider the:
(i) culture of the recovery residence, including but not limited to the permissiveness of unhealthy behaviors, current residents' commitment to recovery and support of other residents, requirements and support to attend and seek clinical treatment and outside nonclinical sobriety support, and the general living environment;
(ii) geographic area, neighborhood, or external surrounding environment of the recovery residence;
(iii) physical living environment of the recovery residence;
(iv) level of training and professionalism of residence staff;
(v) recovery residence's reputation regarding ethical business practices, which may include but is not limited to fraud and abuse of residents;
(vi) recovery residence's relapse policy; and
(vii) availability of opioid-overdose reversal drugs.
(3) Any judge, magistrate, or justice of the peace who violates subsection (2)(a) is subject to disciplinary action by the judicial standards commission pursuant to Title 3, chapter 1, part 11.
(4) Subsection (2)(a) does not otherwise limit the referral options available for a person in recovery from a substance use disorder to any other appropriate placements or services.
History: En. Sec. 5, Ch. 648, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-101. Short title

53-25-101. Short title.
This chapter may be cited as the "Montana Achieving a Better Life Experience Act".
History: En. Sec. 1, Ch. 436, L. 2015.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 25. Disability Individual Savings Account Program › Part 1. Montana Achieving a Better Life Experience Act › 53-25-102. Purpose

53-25-102. Purpose.
(1) It is the intent of the legislature to provide access to a program authorized by section 529A of the Internal Revenue Code, 26 U.S.C. 529A, to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life and to provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, federal and state medical and disability insurance, a beneficiary's employment, and other sources.
(2) The legislature further intends that the department achieve this purpose by:
(a) creating the Montana achieving a better life experience program, which is a public-private partnership using selected financial institutions to serve as depositories for individuals' savings accounts established pursuant to this chapter; or
[(b) contracting with another state that has a program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A, and that allows Montana residents to participate in the state's program].
History: En. Sec. 2, Ch. 436, L. 2015; amd. Sec. 1, Ch. 433, L. 2019.