Montana Code 53-21-194. Department licensure of behavioral health inpatient facilities — rulemaking authority — transfer criteria
53-21-194. Department licensure of behavioral health inpatient facilities — rulemaking authority — transfer criteria. (1) The department may license behavioral health inpatient facilities to provide inpatient psychiatric care to persons involuntarily committed or detained under this title or to persons seeking treatment voluntarily.
Terms Used In Montana Code 53-21-194
- Behavioral health inpatient facility: means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency. See Montana Code 53-21-102
- Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. 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
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State hospital: means the Montana state hospital. See Montana Code 53-21-102
(2)The department shall adopt rules:
(a)governing the qualifications for licensure of behavioral health inpatient facilities; and
(b)establishing criteria pursuant to subsection (4) for admission to a behavioral health inpatient facility or transfer of a patient from a behavioral health inpatient facility to the state hospital.
(3)The rules for licensure must provide standards for the protection of the health and safety of persons committed to or detained in a behavioral health inpatient facility, including:
(a)requirements for medical stability;
(b)maximum length of stay;
(c)staffing levels and qualifications;
(d)building code classifications for occupancy; and
(e)security.
(4)The criteria for admission or transfer of an individual must reflect:
(a)individualized consideration of the patient’s treatment needs and the safety of the public, including the prospects for the patient’s successful transition to community care within the current period of commitment;
(b)the appropriateness of specialized programs or facilities at the state hospital; and
(c)the recommendations of the individual’s treating professionals or state hospital staff.
(5)The department shall provide notice to the district courts and professional persons of the designation of any mental health facility as a behavioral health inpatient facility, the facility’s capacity, and the criteria for admission and transfer.