53-21-194. Department contract with behavioral health inpatient facilities -- rulemaking authority -- rates and transfer criteria. (1) The department may contract with one or more behavioral health inpatient facilities to provide inpatient psychiatric care to persons involuntarily committed or detained under this title.
     (2) The department shall adopt rules:
     (a) governing the number, geographic distribution, capacity, and qualifications of behavioral health inpatient facilities; and
     (b) establishing criteria pursuant to subsection (3) 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 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 and state hospital staff.
     (4) The department shall provide notice to the district courts 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.

     History: En. Sec. 2, Ch. 513, L. 2003.