(1) Eligibility for admission to the Montana center is determined without regard to race, color, sex, culture, social origin or condition, political or religious ideas, or ability to pay for the cost of care.

(2) To be eligible for admission on a voluntary basis, a person must:

(a) be 18 years of age;

(b) be diagnosed as having a mental disorder;

(c) require long term nursing care;

(d) exhibit behaviors rendering the person unable to be served appropriately in the community of residence or in a less restrictive setting;

(e) not require acute medical hospital care;

(f) not require active psychiatric treatment as provided by Montana state hospital;

(g) not require the services of a full time psychiatrist;

(h) have received a mental health evaluation and recommendation for admission by a mental health professional person within 60 days prior to application;

(i) be admitted on a voluntary basis through application by the person, a legally appointed guardian or durable power of attorney providing for health care decisions; and

(j) complete a center application for admission.

(3) The following is required for an involuntarily committed person to be admitted to the center from Montana state hospital:

(a) meet voluntary criteria for admission in (2) (a) through (g) of this rule;

(b) notification of the patient, the patient's next of kin, and the Montana disabilities board of visitors pursuant to 53-21-414 , MCA.

(4) The final decision for admission remains with the superintendent of the center. Patients referred from Montana state hospital who meet the above criteria will be given priority for admission to the center.