53-21-1322. Authorization for admission to inpatient treatment -- effect of directive. (1) A principal whose directive is irrevocable during a period of incapacity and who has provided consent to inpatient treatment in the directive or authorized an agent to consent to inpatient treatment may be admitted to inpatient mental health treatment if:
(a) a physician or psychiatric advanced practice registered nurse performs an evaluation of the principal, including consideration of history, diagnosis, and treatment needs, and makes a written determination that the principal needs further inpatient evaluation or treatment that cannot be provided in a less restrictive setting; and
(b) the agent, if any, provides written consent.
(2) The directive may provide limited consent to inpatient treatment, including limitations upon the length of time for each period of hospitalization and limitations on the facility or facilities to which the principal consents to be admitted.
History: En. Sec. 12, Ch. 329, L. 2011.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Part 13. Mental Health Care Advance Directives
53-21-1303. Presumption of capacity
53-21-1304. Scope of mental health care advance directive
53-21-1305. Validity of appointment of agent
53-21-1306. through 53-21-1310 reserved
53-21-1311. Prohibited elements
53-21-1312. When a directive takes effect -- determination of incapacity
53-21-1313. Provider of mental health services
53-21-1315. Health care decisions in event of the principal's protest
53-21-1316. through 53-21-1320 reserved
53-21-1321. Explicit authorization required for certain treatment
53-21-1322. Authorization for admission to inpatient treatment -- effect of directive
53-21-1325. Effect of directive on existing law
53-21-1326. through 53-21-1330 reserved
53-21-1331. Nomination of guardian or conservator
53-21-1332. Decisions by guardian or conservator