Montana § 53-21-413 Discharge And Transfer Of Patients

Montana Statutes

§ 53-21-413 — Discharge And Transfer Of Patients

Montana § 53-21-413

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 4Community-Based Nursing Homes Montana Mental Health Nursing Care Center

This text of Montana § 53-21-413 (Discharge And Transfer Of Patients) 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. § 53-21-413 (2026).

Text

53-21-413 . Discharge and transfer of patients.

(1)The superintendent of the Montana mental health nursing care center may authorize the discharge of a patient residing at the center according to rules adopted by the department of public health and human services. Rules adopted by the department governing discharge from the center must be consistent with 53-21-111 , 53-21-181 , and 53-21-183 .

(2)A patient in the center who requires the intensity of treatment available at the Montana state hospital may be transferred to the Montana state hospital if the patient is subject to an involuntary commitment. The department shall notify the patient, the patient's next of kin, and the mental disabilities board of visitors at least 15 days before the transfer. If a person or entity notified by the

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53-21-413 . Discharge and transfer of patients. (1) The superintendent of the Montana mental health nursing care center may authorize the discharge of a patient residing at the center according to rules adopted by the department of public health and human services. Rules adopted by the department governing discharge from the center must be consistent with 53-21-111 , 53-21-181 , and 53-21-183 .
(2) A patient in the center who requires the intensity of treatment available at the Montana state hospital may be transferred to the Montana state hospital if the patient is subject to an involuntary commitment. The department shall notify the patient, the patient's next of kin, and the mental disabilities board of visitors at least 15 days before the transfer. If a person or entity notified by the department objects to the transfer, the person or entity may petition the district court for a hearing to review whether the transfer is necessary and appropriate to meet the needs of the patient. The notice required by this subsection must include notification of the right to petition the district court pursuant to this subsection. Notice pursuant to this subsection does not preclude transfer pursuant to 53-21-130 .

Legislative History

En. Sec. 73, Ch. 199, L. 1965; R.C.M. 1947, 80-2503; amd. Sec. 2, Ch. 231, L. 1983; amd. Sec. 3, Ch. 243, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 5, Ch. 94, L. 1995; amd. Sec. 499, Ch. 546, L. 1995.