Montana Code 53-21-150. Treatment plan — provider choice
53-21-150. Treatment plan — provider choice. (1) Stabilizing treatment must be provided during the development of a treatment plan.
Terms Used In Montana Code 53-21-150
- Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
- Court: means any district court of the state of Montana. 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
- Mental health professional: means :
(a)a certified professional person;
(b)a physician licensed under Title 37, chapter 3;
(c)a clinical professional counselor licensed under Title 37, chapter 39;
(d)a psychologist licensed under Title 37, chapter 17;
(e)a clinical social worker licensed under Title 37, chapter 39;
(f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(h)a marriage and family therapist licensed under Title 37, chapter 39. 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
(2)If the court orders a treatment plan under this section as a condition of a commitment for treatment in a community facility, program, or course of treatment, the chief medical officer of the facility or program at which the respondent has been ordered to receive outpatient treatment and at which the respondent is treated as an outpatient or the chief medical officer’s designee shall submit a treatment plan, including any outpatient treatment recommendations that the respondent is required to follow, to the clerk of district court as soon as practical. However, the plan must be submitted no later than 30 days after the respondent has been ordered to receive treatment as an outpatient.
(3)A treatment plan must be developed with the respondent and the friend of respondent or respondent’s family, if family involvement is determined by the court in consultation with the mental health professional to be in the best interests of the respondent.
(4)The clerk of district court shall send a copy of the proposed treatment plan to the court, to the respondent, to the friend of respondent, and to the respondent’s attorney of record, who may relay the respondent’s objections to the treatment plan, if any, and provide alternative treatment recommendations to the court.
(5)The court may accept the treatment plan or require a revised treatment plan that is approved by a mental health professional.