37.66.207    DOCUMENTATION OF LEGAL AUTHORITY TO ADMIT - PRELIMINARY DOCUMENTATION BY FAX

(1) MSH may not admit any person for evaluation, custody, care, or treatment without having received documentation that the admission is voluntary or that other legal authority exists to admit the person.

(2) Documentation of legal authority to admit consists of:

(a) for voluntarily admission, an original signed and witnessed application for voluntary admission as provided in 53-21-111, MCA, and ARM 37.66.306;

(b) for emergency detention to the next regular business day, an original signed statement from a professional person after evaluation of the person pursuant to 53-21-129, MCA, that the person appears to have a mental disorder and that an emergency situation exists because any person is in imminent danger of death or bodily harm from the activity of the person;

(c) for ten-day interinstitutional transfer, an original written request for transfer from another DPHHS institution or the Department of Corrections pursuant to 53-21-130, MCA, which has been accepted in writing by the superintendent;

(d) for court-ordered detention, a certified copy of an order from a court of competent jurisdiction that authorizes the detention of the person to receive treatment for a mental disorder on a temporary basis until a hearing is held on a petition for civil commitment;

(e) for civil commitment, a certified copy of an order from a court of competent jurisdiction that authorizes the detention of the person to receive treatment for a mental disorder; or

(f) for forensic commitment, a certified copy of an order from a court having jurisdiction of criminal proceedings, committing the person under the provisions of Title 46, chapter 14, MCA, for evaluation, custody, care, or treatment.

(3) MSH may receive preliminary documentation by fax, if:

(a) the quality is sufficient to determine that the documentation meets the requirements of this rule except for the requirement of certification of a court order;

(b) MSH is familiar with the sender, and has no reason to believe the documentation is not authentic or has been altered; and

(c) the sender confirms that the required signed or certified documentation of legal authority will be mailed or otherwise delivered so as to arrive at MSH before 4:30 p.m. on the fifth business day after the date of the fax. The address for mailed documentation is: Admissions Office, Montana State Hospital, P.O. Box 300, Warm Springs, MT 59756.

History: 53-1-603, 53-21-601, MCA; IMP, 53-1-601, 53-21-101, 53-21-601, MCA; NEW, 2012 MAR p. 2379, Eff. 1/1/13.