Montana Code 53-21-181. Discharge during or at end of initial commitment period — patient’s right to referral
53-21-181. Discharge during or at end of initial commitment period — patient‘s right to referral. (1) (a) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on the written order of the professional person in charge of the patient without further order of the court.
Terms Used In Montana Code 53-21-181
- 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
- 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
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
(b)If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128, a patient whose commitment was to a facility other than a category D assisted living facility must be discharged by the facility at the end of the period of commitment without further order of the court.
(c)A patient who was committed to a category D assisted living facility may be discharged from supervision by the court but may remain as a resident if the category D assisted living facility and the patient agree.
(2)Notice of the discharge must be filed with the court and the county attorney at least 5 days prior to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient.
(3)Upon being discharged, each patient has a right to be referred, as appropriate, to other providers of mental health services.