Montana Code 53-21-111. Voluntary admission — content of admission form — requirements for valid admission
53-21-111. Voluntary admission — content of admission form — requirements for valid admission. (1) (a) This part may not be construed to limit the right of a person to make voluntary application for admission at any time to a mental health facility or professional person.
Terms Used In Montana Code 53-21-111
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
- Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
- State hospital: means the Montana state hospital. See Montana Code 53-21-102
- Writing: includes printing. See Montana Code 1-1-203
(b)An application for admission to a mental health facility must be in writing on a form prescribed by the facility. The form must explain:
(i)the process for requesting release and that the request must be in writing;
(ii)that the individual applying for release may be held involuntarily for up to 5 days after requesting release; and
(iii)that the facility may request a court to involuntarily commit the applicant.
(c)A statement of the rights of the person voluntarily applying for admission, as set out in this part, must be furnished to the patient within 12 hours.
(2)An applicant who wishes to voluntarily apply for admission to the state hospital shall first obtain certification from a professional person that the applicant is suffering from a mental disorder. The professional person shall then obtain confirmation from the department or the department’s designee that the facilities available to the mental health region in which the applicant resides are unable to provide adequate evaluation and treatment. The department shall adopt rules to establish a procedure whereby a professional person shall obtain the confirmation from the department or the department’s designee as required in this section.
(3)An application for voluntary admission must give the facility the right to detain the applicant for no more than 5 days, excluding weekends and holidays, past the applicant’s written request for release. A mental health facility may adopt rules providing for detention of the applicant for less than 5 days. The facility shall notify all applicants of the rules and post the rules as provided in 53-21-168.
(4)An individual applying for voluntary admission pursuant to this section may not be admitted unless:
(a)the admission is approved by a professional person;
(b)the individual applying for admission has been informed orally of the matters required by subsection (1)(b) to be stated in the written application for admission;
(c)a copy of the written application for admission has been given to the applicant; and
(d)the admission otherwise complies with the requirements of this section.
(5)A person voluntarily entering or remaining in a mental health facility shall enjoy all the rights secured to a person involuntarily committed to the facility.