HOUSE BILL NO. 103
INTRODUCED BY G. PIERSON
BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
AN ACT AUTHORIZING CERTAIN MEDICAL PROFESSIONALS TO CONFIRM THE CHEMICAL DEPENDENCY OF AN APPLICANT FOR ADMISSION AS A MEDICALLY MONITORED OR MANAGED INPATIENT AT AN APPROVED TREATMENT FACILITY; EXTENDING EXISTING RULEMAKING AUTHORITY; AND AMENDING SECTION 53-24-301, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
"53-24-301. Treatment of the chemically dependent. (1) An applicant for voluntary admission or court-referred admission to an approved public or private treatment facility shall obtain confirmation from a licensed addiction counselor that the applicant is chemically dependent and appropriate for medically monitored or managed inpatient, freestanding care as described in the department's administrative rules. Any of the following health care professionals licensed under Title 37 may provide the confirmation required under this section:
(a) a physician;
(b) a naturopathic physician;
(c) a physician assistant;
(d) an advanced practice registered nurse; or
(e) a licensed addiction counselor.
(2) The department shall adopt rules to establish policies and procedures governing assessment, patient placement, confirmation, and admission to an approved public or private treatment facility. If the proposed patient is a minor or an incompetent person, the proposed patient, or a parent, legal guardian, or other legal representative may make the application.
(2)(3) Subject to rules adopted by the department, the administrator of an approved public treatment facility may determine who is admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator, subject to departmental rules, shall refer the person to an approved private treatment facility for treatment if possible and appropriate.
(3)(4) If a patient receiving inpatient care leaves an approved public treatment facility, the patient must be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator of the treatment facility that the patient is chemically dependent and requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.
(4)(5) If a patient leaves an approved public treatment facility, with or against the advice of the administrator of the facility, the department shall make reasonable provisions for the patient's transportation to another facility or to the patient's home. If the patient has no home, the patient must be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility must be made by a parent, legal guardian, or other legal representative or by the minor or incompetent, if the minor or incompetent person was the original applicant."
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Prepared by Montana Legislative Services