53-21-102. Definitions. As used in this chapter, the following definitions apply:

(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) "Community facility" means a facility that provides psychiatric or chemical dependency evaluation, treatment, and short-term habilitation of persons with a mental illness or disorder in a community setting and that provides any of the following:

(a) case management services;

(b) medication;

(c) stabilizing treatment;

(d) short-term inpatient treatment;

(e) chemical dependency treatment; or

(f) assertive community treatment.

(6) "Court" means any district court of the state of Montana.

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

(8) "Emergency situation" means:

(a) a situation in which any person appears:

(i) to be, due to a mental disorder and due to the person's conduct, in imminent danger of death or harm to the person's self or another; and

(ii) to require commitment;

(b) a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety and:

(i) the situation presents a danger of death or bodily injury to the person's self or another; or

(ii) the situation reflects a consistent and pervasive history of being unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety; or

(c) a situation in which a person's criminal charges have been dismissed and the person must be involuntarily committed due to having been found unfit to proceed and determined to be incapable of being restored to fitness within the reasonably foreseeable future.

(9) "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) (a) "Mental disorder" or "mental illness" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

(b) The term does not include:

(i) addiction to drugs or alcohol;

(ii) drug or alcohol intoxication;

(iii) intellectual disability; or

(iv) epilepsy.

(c) A mental disorder may co-occur with addiction or chemical dependency.

(11) "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 community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, 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.

(12) "Mental health professional" means:

(a) a certified professional person;

(b) a physician licensed under Title 37, chapter 3;

(c) a clinical professional counselor licensed under Title 37, chapter 39;

(d) a psychologist licensed under Title 37, chapter 17;

(e) a clinical social worker licensed under Title 37, chapter 39;

(f) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

(g) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(h) a marriage and family therapist licensed under Title 37, chapter 39.

(13) (a) "Neglect" means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect.

(b) The term includes but is not limited to:

(i) deprivation of food, shelter, appropriate clothing, nursing care, or other services;

(ii) failure to follow a prescribed plan of care and treatment; or

(iii) failure to respond to a person in an emergency situation by indifference, carelessness, or intention.

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

(15) "Patient" means a person civilly committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time.

(16) "Peace officer" means any sheriff, deputy sheriff, marshal, police officer, or other peace officer.

(17) "Professional person" means:

(a) a medical doctor;

(b) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

(c) a licensed psychologist;

(d) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(e) a person who has been certified, as provided for in 53-21-106, by the department.

(18) "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.

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

(20) "Short term" means a period of not more than 6 months.

(21) "State hospital" means the Montana state hospital.