This regulation governs admission documentation requirements for Montana State Hospital (MSH), a state psychiatric inpatient facility. It defines key terms, requires professional persons to contact MSH and provide medical/psychiatric records before initiating any civil commitment or voluntary admission action, and mandates that MSH collect similar documentation before admitting forensic patients. MSH may not admit any person without documented legal authority (voluntary application, emergency detention order, court commitment order, etc.), though preliminary fax documentation is permitted under specified conditions.
View official source37.66.201 DEFINITIONS (1) "Court of Competent Jurisdiction" means a court having authority over the subject matter of civil commitment for treatment of a mental disorder and personal jurisdiction over the patient. In Montana, courts of competent jurisdiction are: (a) state district courts, for all persons found within the state except members of an Indian tribe as described in (b); and (b) tribal courts in Montana, for a tribal member physically located within the boundaries of the tribal member's reservation of enrollment at the time of commitment. (2) "Department" means the Department of Public Health and Human Services. (3) "MSH" means Montana State Hospital. (4) "Professional Person" means a professional person as defined in 53-21-102 , MCA. (5) "Superintendent" means the superintendent of Montana State Hospital. Authorizing statute(s): 53-1-603 , 53-21-601 , MCA Implementing statute(s): 53-1-601 , 53-21-101 , 53-21-601 , MCA History: NEW, 2012 MAR p. 2379, Eff. 1/1/13. 37.66.203 PREADMISSION DOCUMENTATION: CIVIL (1) Before taking any of the actions listed in (a) through (e), a professional person must contact MSH by calling the main MSH switchboard at (406) 693-7000 to speak to the person responsible for admissions, and provide information and records as requested by MSH, including both physical and psychiatric medical information, sufficient to evaluate the immediate treatment needs and appropriate placement of the patient and whether alternative, less restrictive and medically appropriate facilities are available. Actions triggering this requirement are: (a) authorizing an emergency detention at MSH under 53-21-129 , MCA; (b) requesting a 10-day transfer to MSH under 53-21-130 , MCA; (c) submitting an application for voluntary admission to MSH under 53-21-111 , MCA and ARM 37.66.306 ; (d) requesting the county attorney to file a petition for involuntary civil commitment to MSH under Title 53, chapter 21, MCA; or (e) filing or requesting tribal authorities to file a petition for involuntary civil commitment to MSH under applicable tribal law. Authorizing statute(s): 53-1-603 , 53-21-601 , MCA Implementing statute(s): 53-1-601 , 53-21-101 , 53-21-601 , MCA History: NEW, 2012 MAR p. 2379, Eff. 1/1/13. 37.66.205 PREADMISSION DOCUMENTATION: FORENSIC (1) Before admitting a criminal defendant committed under any provision of Title 46, chapter 14, MCA, MSH must collect information and records, including both physical and psychiatric medical information, sufficient to evaluate the immediate treatment needs of the patient, and consult with outpatient providers and criminal justice authorities to coordinate patient care during the admission process. Authorizing statute(s): 53-1-603 , 53-21-601 , MCA Implementing statute(s): 53-1-601 , 53-21-101 , 53-21-601 , MCA History: NEW, 2012 MAR p. 2379, Eff. 1/1/13. 37.66.207 DOCUMENTATION OF LEGAL AUTHORITY TO ADMIT - PRELIMINARY DOCUMENTATION BY FAX (1) MSH may not admit any person for evaluation, custody, care, or treatment without having received documentation that the admission is voluntary or that other legal authority exists to admit the person. (2) Documentation of legal authority to admit consists of: (a) for voluntarily admission, an original signed and witnessed application for voluntary admission as provided in 53-21-111 , MCA, and ARM 37.66.306 ; (b) for emergency detention to the next regular business day, an original signed statement from a professional person after evaluation of the person pursuant to 53-21-129 , MCA, that the person appears to have a mental disorder and that an emergency situation exists because any person is in imminent danger of death or bodily harm from the activity of the person; (c) for ten-day interinstitutional transfer, an original written request for transfer from another DPHHS institution or the Department of Corrections pursuant to 53-21-130 , MCA, which has been accepted in writing by the superintendent; (d) for court-ordered detention, a certified copy of an order from a court of competent jurisdiction that authorizes the detention of the person to receive treatment for a mental disorder on a temporary basis until a hearing is held on a petition for civil commitment; (e) for civil commitment, a certified copy of an order from a court of competent jurisdiction that authorizes the detention of the person to receive treatment for a mental disorder; or (f) for forensic commitment, a certified copy of an order from a court having jurisdiction of criminal proceedings, committing the person under the provisions of Title 46, chapter 14, MCA, for evaluation, custody, care, or treatment. (3) MSH may receive preliminary documentation by fax, if: (a) the quality is sufficient to determine that the documentation meets the requirements of this rule except for the requirement of certification of a court order; (b) MSH is familiar with the sender, and has no reason to believe the documentation is not authentic or has been altered; and (c) the sender confirms that the required signed or certified documentation of legal authority will be mailed or otherwise delivered so as to arrive at MSH before 4:30 p.m. on the fifth business day after the date of the fax. The address for mailed documentation is: Admissions Office, Montana State Hospital, P.O. Box 300, Warm Springs, MT 59756. Authorizing statute(s): 53-1-603 , 53-21-601 , MCA Implementing statute(s): 53-1-601 , 53-21-101 , 53-21-601 , MCA History: NEW, 2012 MAR p. 2379, Eff. 1/1/13.