37.66.120    TRANSFER AND DISCHARGE CRITERIA

(1) The superintendent may authorize the transfer of a center resident to a licensed hospital in a medical emergency without the resident's consent.

(2) The director of the department of public health and human services, may authorize the transfer of a center resident to Montana state hospital for a period not to exceed 10 days.

(3) Residents of the center may be voluntarily admitted to Montana state hospital pursuant to 53-21-111 , MCA, or involuntarily committed pursuant to 53-21-128 , MCA.

(4) If the patient is currently the subject of an involuntary commitment, the patient may be transferred to Montana state hospital after notification pursuant to 53-21-413 , MCA.

(5) A legally competent voluntary resident will be discharged from the center within 5 days following a written request from the resident. If guardianship or durable power of attorney for the health care of the resident has been established, the written request must be made by the guardian or power of attorney.

(6) The superintendent may also discharge a resident after making proper arrangements if:

(a) the resident consistently displays behavior which violates other residents= rights;

(b) the resident=s behavior poses a consistent and/or serious danger to other residents, staff or visitors;

(c) the resident requires specialized care or treatment not available at the center;

(d) the resident is able to function in a setting requiring greater independence;

(e) the resident may be served in a less restrictive environment such as a non-specialized nursing home; or

(f) the resident poses a health danger to other residents.

History: Sec. 53-21-402, 53-21-411 and 53-21-413, MCA; IMP, Sec. 53-21-112, 53-21-113, 53-21-412 and 53-21-413, MCA; NEW, 1986 MAR p. 257, Eff. 2/28/86; AMD, 1996 MAR p. 1391, Eff. 5/24/96; TRANS, from DOC, 1998 MAR p. 1505.