Montana Title 53. Social Services and Institutions § 53-21-102. Definitions

(1) “Abuse” means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility.

(2) “Behavioral health inpatient facility” means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency.

(3) “Board” or “mental disabilities board of visitors” means the mental disabilities board of visitors created by 2-15-211.

(4) “Commitment” means an order by a court requiring an individual to receive treatment for a mental disorder.

(5) “Court” means any district court of the state of Montana.

(6) “Department” means the department of public health and human services provided for in 2-15-2201.

(7) “Emergency situation” means:

(8) “Friend of respondent” means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others.

(10) “Mental health facility” or “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. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.

(11) “Mental health professional” means:

(13) “Next of kin” includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(14) “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.

(15) “Peace officer” means any sheriff, deputy sheriff, marshal, police officer, or other peace officer.

(16) “Professional person” means:

(17) “Reasonable medical certainty” means reasonable certainty as judged by the standards of a professional person.

(18) “Respondent” means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment.

(19) “State hospital” means the Montana state hospital.