Montana Code 53-21-1313. Provider of mental health services
53-21-1313. Provider of mental health services. (1) A provider of mental health services or a supervising health care provider shall:
Terms Used In Montana Code 53-21-1313
- Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- Emergency situation: means :
(a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or
(b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
- Mental health professional: means :
(a)a certified professional person;
(b)a physician licensed under Title 37, chapter 3;
(c)a clinical professional counselor licensed under Title 37, chapter 39;
(d)a psychologist licensed under Title 37, chapter 17;
(e)a clinical social worker licensed under Title 37, chapter 39;
(f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(h)a marriage and family therapist licensed under Title 37, chapter 39. 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
- Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
- Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care. See Montana Code 53-21-1302
(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 revocation are provided.
(2)A supervising health care provider who makes or is informed of a determination that a principal lacks or has regained capacity or that another condition exists that affects an individual instruction or the authority of an agent shall promptly record the determination or condition in the principal’s health care record and communicate the determination or condition to the principal, if possible, and to any person or agent authorized to make health care decisions for the patient.
(3)After a determination of incapacity a supervising health care provider shall communicate health care decisions to the principal to the extent possible.
(4)A health care provider or institution providing care to the principal under the authority of a directive shall comply with the provisions of the directive and with all reasonable interpretations of the directive by the agent to the fullest extent possible unless the supervising health care provider determines that:
(a)compliance violates the accepted standard of care;
(b)compliance conflicts with the applicable law or a court order;
(c)the requested treatment is not reasonably available; or
(d)an emergency situation exists and compliance endangers the principal’s life or health.
(5)A health care provider or mental health professional may not require or prohibit the execution or revocation of a directive as a condition for providing health care. A health care provider’s inability to follow the specific terms of the directive because it violates the standard of care does not require a revocation of the directive. A health care provider or mental health professional may not promote the creation, alteration, adoption, or revocation of a directive under circumstances that are or reasonably appear to be coercive.