53-21-102. 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) "Commitment" means an order by a court requiring an individual to receive treatment for a mental disorder.
     (3) "Court" means any district court of the state of Montana.
     (4) "Department" means the department of public health and human services provided for in 2-15-2201.
     (5) "Emergency situation" means a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment.
     (6) "Friend of respondent" means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or person alleged to be suffering from a mental disorder and requiring commitment 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, change its designation of the friend of respondent.
     (7) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:
     (a) addiction to drugs or alcohol;
     (b) drug or alcohol intoxication;
     (c) mental retardation; or
     (d) epilepsy.
     (8) "Mental health facility" or "facility" means a public hospital or a licensed private hospital that 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.
     (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, police officer, 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 suffering from a mental disorder and requiring commitment.
     (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; amd. Sec. 15, Ch. 490, L. 1997.