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.

     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.