Montana Code 53-21-148. Right not to be subjected to hazardous treatment
53-21-148. Right not to be subjected to hazardous treatment. Patients have a right not to be subjected to treatment procedures such as lobotomy, adversive reinforcement conditioning, or other unusual or hazardous treatment procedures without their express and informed consent after consultation with counsel, the legal guardian, if any, the friend of respondent appointed by the court, and any other interested party of the patient‘s choice. At least one of those consulted shall consent to the treatment, along with the patient’s counsel. If there is no friend of respondent or if the friend of respondent appointed by the court is no longer available, then a friend of respondent who is in no way connected with the facility or with the department must be appointed before any enumerated treatment procedure can be employed. At least 10 days prior to the commencement of the extraordinary treatment program, the facility shall send notice of intent to employ extraordinary treatment procedures to the patient, the patient’s next of kin, if known, the legal guardian, if any, the attorney who most recently represented the patient, and the friend of respondent appointed by the court.
Terms Used In Montana Code 53-21-148
- Court: means any district court of the state of Montana. 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
- Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. 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
- Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102