Montana Code Annotated 2023

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

Authorization For Admission To Inpatient Treatment -- Effect Of Directive

53-21-1322. Authorization for admission to inpatient treatment -- effect of directive. (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 psychiatric advanced practice registered nurse performs an evaluation of the principal, including consideration of history, diagnosis, and treatment needs, and makes a written determination that the principal needs further inpatient evaluation or treatment that cannot be provided in a less restrictive setting; and

(b) the agent, if any, provides written consent.

(2) The directive may provide limited consent to inpatient treatment, including limitations upon the length of time for each period of hospitalization and limitations on the facility or facilities to which the principal consents to be admitted.

History: En. Sec. 12, Ch. 329, L. 2011.