Montana § 53-21-1322 Authorization For Admission To Inpatient Treatment -- Effect Of Directive

Montana Statutes

§ 53-21-1322 — Authorization For Admission To Inpatient Treatment -- Effect Of Directive

Montana § 53-21-1322

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 13Mental Health Care Advance Directives

This text of Montana § 53-21-1322 (Authorization For Admission To Inpatient Treatment -- Effect Of Directive) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-21-1322 (2026).

Text

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

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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.