53-21-102. (Temporary) Definitions. As used in this part, the following definitions apply:
     (1) "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.
     (2) "Court" means any district court of the state of Montana.
     (3) "Department" means the department of public health and human services provided for in 2-15-2201.
     (4) "Emergency situation" means a situation in which any person is in imminent danger of death or serious bodily harm from the activity of a person who appears to be seriously mentally ill.
     (5) "Friend of respondent" means any person willing and able to assist a mentally ill person, a person alleged to be mentally ill, a seriously mentally ill person, or a person alleged to be seriously mentally ill in dealing with legal proceedings, including consultation with legal counsel and others. The friend of respondent may be the next of kin, the person's conservator or legal guardian, if any, a representative of a charitable or religious organization, or any other person appointed by the court to perform the functions of a friend of respondent set out in this part. Only one person may at any one time be the friend of respondent within the meaning of this part. In appointing a friend of respondent, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of the friend of respondent.
     (6) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:
     (a) addiction to drugs or alcohol; or
     (b) drug or alcohol intoxication.
     (7) "Mental health facility" or "facility" means a public hospital or a licensed private hospital which is equipped and staffed to provide treatment for persons with mental disorders or a community mental health center or any mental health clinic or treatment center approved by the department. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.
     (8) "Mentally ill" means suffering from a mental disorder which has not resulted in self-inflicted injury or injury to others or the imminent threat of injury but which:
     (a) has resulted in behavior that creates serious difficulty in protecting the person's life or health even with the available assistance of family, friends, or others;
     (b) is treatable, with a reasonable prospect of success and consistent with the least restrictive course of treatment as provided in 53-21-127(3), at or through the facility to which the person is to be committed;
     (c) has deprived the person of the capacity to make an informed decision concerning treatment;
     (d) has resulted in the person's refusing or being unable to consent to voluntary admission for treatment; and
     (e) poses a significant risk of the person's becoming seriously mentally ill or will, if untreated, predictably result in further serious deterioration in the mental condition of the person. Predictability may be established by the patient's medical history.
     (9) "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.
     (10) "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.
     (11) "Peace officer" means any sheriff, deputy sheriff, marshal, policeman, or other peace officer.
     (12) "Professional person" means:
     (a) a medical doctor; or
     (b) a person who has been certified, as provided for in 53-21-106, by the department.
     (13) "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.
     (14) "Respondent" means a person alleged in a petition filed pursuant to this part to be mentally ill or seriously mentally ill.
     (15) "Seriously mentally ill" means suffering from a mental disorder which has resulted in self-inflicted injury or injury to others or the imminent threat of injury or which has deprived the person afflicted of the ability to protect the person's life or health. For this purpose, injury means physical injury. A person may not be involuntarily committed to a mental health facility or detained for evaluation and treatment because the person is an epileptic or is mentally deficient, mentally retarded, senile, or suffering from a mental disorder unless the condition causes the person to be seriously mentally ill within the meaning of this part.
     (16) "State hospital" means the Montana state hospital. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

     53-21-102. (Effective July 1, 1997) Definitions. As used in this part, the following definitions apply:
     (1) "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.
     (2) "Court" means any district court of the state of Montana.
     (3) "Department" means the department of public health and human services provided for in 2-15-2201.
     (4) "Emergency situation" means a situation in which any person is in imminent danger of death or serious bodily harm from the activity of a person who appears to be seriously mentally ill.
     (5) "Friend of respondent" means any person willing and able to assist a seriously mentally ill person or person alleged to be seriously mentally ill in dealing with legal proceedings, including consultation with legal counsel and others. The friend of respondent may be the next of kin, the person's conservator or legal guardian, if any, representatives of a charitable or religious organization, or any other person appointed by the court to perform the functions of a friend of respondent set out in this part. Only one person may at any one time be the friend of respondent within the meaning of this part. In appointing a friend of respondent, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of the friend of respondent.
     (6) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:
     (a) addiction to drugs or alcohol; or
     (b) drug or alcohol intoxication.
     (7) "Mental health facility" or "facility" means a public hospital or a licensed private hospital which is equipped and staffed to provide treatment for persons with mental disorders or a community mental health center or any mental health clinic or treatment center approved by the department. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.
     (8) "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.
     (9) "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.
     (10) "Peace officer" means any sheriff, deputy sheriff, marshal, policeman, or other peace officer.
     (11) "Professional person" means:
     (a) a medical doctor; or
     (b) a person who has been certified, as provided for in 53-21-106, by the department.
     (12) "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.
     (13) "Respondent" means a person alleged in a petition filed pursuant to this part to be seriously mentally ill.
     (14) "Seriously mentally ill" means suffering from a mental disorder which has resulted in self-inflicted injury or injury to others or the imminent threat of injury or which has deprived the person afflicted of the ability to protect the person's life or health. For this purpose, injury means physical injury. A person may not be involuntarily committed to a mental health facility or detained for evaluation and treatment because the person is an epileptic, mentally deficient, mentally retarded, senile, or suffering from a mental disorder unless the condition causes the person to be seriously mentally ill within the meaning of this part.
     (15) "State hospital" means the Montana state hospital.

     History: Ap. p. 38-1302 by Sec. 2, Ch. 466, L. 1975; amd. Sec. 9, Ch. 37, L. 1977; amd. Sec. 2, Ch. 546, L. 1977; Sec. 38-1302, R.C.M. 1947; (15)En. 38-106.1 by Sec. 3, Ch. 120, L. 1974; Sec. 38-106.1, R.C.M. 1947; R.C.M. 1947, 38-106.1, 38-1302; amd. Sec. 1, Ch. 547, L. 1979; amd. Sec. 18, Ch. 361, L. 1983; amd. Sec. 1, Ch. 578, L. 1983; amd. Sec. 1, Ch. 376, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 312, L. 1993; amd. Sec. 486, Ch. 546, L. 1995.