Title 53, Title 53

The Interstate Compact on Mental Health as contained in this section is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: Article I The part…

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 subdivi…

The director may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact.

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.

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 …

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.

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 …

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 or…

For purposes of this chapter, the following definitions apply: (1) "Alcoholic" means a person who has a chronic illness or disorder of behavior characterized by repeated drinking of alcoholic beverages to the extent that it endangers the health, interpersonal relationships, or ec…

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 reven…

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 …

This chapter may be cited as the "Montana Achieving a Better Life Experience Act".

(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 …

As used in this chapter, the following definitions apply: (1) "Account" means an eligible participating account established under this chapter by or on behalf of an eligible individual. (2) "Agent" means one of the following persons acting on behalf of a designated beneficiary: (…

(1) There is a Montana achieving a better life experience program. The department shall ensure that the program meets the requirements for an achieving a better life experience program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A. The program administrator may …

(1) The department shall establish a program oversight committee under the authority of the department. (2) The committee must consist of five members as follows: (a) the director of the department of public health and human services or the director's designee; (b) the director o…

(1) The program must be operated through use of accounts in the trust established by designated beneficiaries. Payments to the trust for participation in the program must be made by or on behalf of designated beneficiaries pursuant to participating trust agreements. A person who …

(1) A designated beneficiary or agent may withdraw all or part of the balance from an account under rules prescribed by the department. The rules must be used to help the department or program administrator to determine whether a withdrawal is a nonqualified withdrawal or a quali…

(1) A designated beneficiary or agent may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the department. (2) If requested by a designated beneficiary …

(1) The department shall implement the operation of the program through the use of one or more financial institutions to act as program manager. Under the program, a person may submit applications for enrollment in the program and participating trust agreements to a program manag…

(1) This chapter may not be construed to establish state residency for a person merely because the person is a designated beneficiary. (2) This chapter does not establish any obligation of this state or of an agency or instrumentality of this state to guarantee for the benefit of…

An individual who contributes to one or more accounts established pursuant to this chapter in a tax year is entitled to reduce the individual's Montana taxable income, in accordance with 15-30-2120, if the individual is: (1) the designated beneficiary; (2) the spouse of the desig…

(1) There is a recapture tax at a rate equal to the highest rate of tax provided in 15-30-2103 on the recapturable withdrawal of amounts that were deducted from income in calculating Montana individual income taxes. (2) For purposes of determining the portion of a recapturable wi…

Information that identifies the contributor, agent, or designated beneficiary of an account is exempt from the provisions of 2-6-1003 and any other provision of law permitting the public inspection or copying of documents.