Title 53, Title 53

The Montana Administrative Procedure Act applies to and governs all administrative actions taken under this chapter.

(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 offens…

(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…

(1) Revenue generated by 16-1-404, 16-1-406, and 16-1-411 and allocated to the department to be used in state-approved private or public programs whose function is the treatment, rehabilitation, and prevention of alcoholism, which for the purposes of this section includes chemica…

The department shall administer the provisions of this chapter.

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…

(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 provi…

(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 organi…

(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 medic…

(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…

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 …

(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 …

(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 individ…

(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 depa…

(1) A person may be committed to the custody of the department by the district court upon the petition of the person's spouse or guardian, a relative, the certifying physician, or the chief of any approved public treatment facility. The petition must allege that the person is an …

(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…

(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 ef…

(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 f…

As used in 53-24-310 through 53-24-314, unless the context clearly indicates otherwise, the following definitions apply: (1) "Alcohol and drug prevention or treatment facility" means a recovery residence, hospital, health or counseling center, or other entity providing alcohol an…

(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 oversig…

(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 advertisi…

(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 it…

(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 …