Title 53, Title 53

(1) As soon as possible after July 1 of each new biennium, from funds appropriated by the legislature for the purposes of this section, the department shall grant to each eligible county or federally recognized tribal government state matching funds for: (a) jail diversion and cr…

(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…

(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 …

(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 r…

(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 b…

(1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court alleging that there is a person within the county who is suffering from a mental disorder and who requires commitment pursuant to this chapter.…

(1) The petition must be filed with the clerk of court who shall immediately notify the judge. (2) (a) The judge shall consider the petition. If the judge finds no probable cause, the petition must be dismissed. If the judge finds probable cause and the respondent does not have p…

(1) Following the initial hearing, whether before a judge or justice of the peace, the respondent must be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the count…

(1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, …

At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court's jury calendar at the earliest date possible, the matter taking precedence ove…

(1) The respondent must be present unless the respondent's presence has been waived as provided in 53-21-119(2), and the respondent must be represented by counsel at all stages of the trial. The trial must be limited to the determination of whether or not the respondent is suffer…

(1) A respondent must be discharged and the petition dismissed if, upon trial, it is determined that the respondent: (a) is not suffering from a mental disorder; (b) does not require commitment within the meaning of this part; or (c) is suffering from a mental disorder but the re…

(1) (a) Not less than 2 calendar weeks prior to the end of the 3-month period of commitment to the state hospital, a behavioral health inpatient facility, or the Montana mental health nursing care center or the period of commitment to a community facility or program or a course o…

(1) When an emergency situation as defined in 53-21-102 exists, a peace officer or emergency care provider as defined in 50-6-202 may take any person who appears to have a mental disorder and appears to require commitment into custody only for sufficient time to contact a profess…

(1) A person who is in the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the procedures set o…

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 …

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 alternativ…

(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.

(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 p…

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 ma…

Appellate review of any order of short-term evaluation and treatment or long-term commitment may be had by appeal to the supreme court of Montana in the manner as other civil cases, except that the appeal may be taken at any time within 90 days of the actual service of the writte…

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 car…

(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 regaine…

(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…

(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 decisio…

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 provide…

(1) The cost of psychiatric precommitment examination, detention, treatment, and taking a person who is suffering from a mental disorder and who requires commitment to a mental health facility must be paid pursuant to subsection (2)(a). The sheriff must be allowed the actual expe…

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.

(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 p…

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.

(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 determi…

(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…

(1) If a person is committed under the provisions of this part and is eligible for hospital care or treatment by an agency of the United States and if a certificate of notification from the agency showing that facilities are available and that the person is eligible for care or t…

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.

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…

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 beh…

(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) com…

(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.

A person who is suffering from a mental disorder and in need of commitment and who is not a resident of this state may be committed to the state hospital pursuant to this part. The state hospital shall make every effort to return the nonresident to the state of the person's resid…

(1) A respondent's right to be present at a hearing, as provided in 53-21-115(2) and 53-21-116, is satisfied by: (a) the respondent's physical appearance before the court; or (b) in the discretion of the court, by electronic audio-video communication. (2) For purposes of this cha…

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 s…

(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 w…

(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 i…

(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 …

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…

(1) Unless specifically stated in an order by the court, a person involuntarily committed to a facility for a period of evaluation or treatment does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part except as it may be necessary t…