53-20-104. Powers and duties of mental disabilities board of visitors. - Montana Statutes

     53-20-104. Powers and duties of mental disabilities board of visitors. (1) The board is an independent board of inquiry and review established to ensure that the treatment of all persons committed to a residential facility is humane and decent and meets the requirements set forth in this part.
     (2) The board shall review all plans for experimental research or hazardous treatment procedures involving persons committed to a residential facility to ensure that the research project is humane and not unduly hazardous and that it complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services. An experimental research project involving persons committed to a residential facility affected by this part may not be commenced unless it is approved by the mental disabilities board of visitors.
     (3) The board shall investigate all cases of alleged mistreatment of a resident.
     (4) The board shall at least annually inspect every residential facility that is providing a course of residential habilitation and treatment to any person pursuant to this part. The board shall inspect the physical plant, including residential, recreational, dining, and sanitary facilities. It shall visit all wards and treatment or habilitation areas. The board shall inquire concerning all habilitation programs being implemented by the facility.
     (5) The board shall inspect the file of each person committed to a residential facility pursuant to this part to ensure that a habilitation plan exists and is being implemented. The board shall inquire concerning all use of restraints, isolation, or other extraordinary measures.
     (6) The board may assist a resident at a residential facility in resolving a grievance the resident may have concerning the resident's commitment or course of treatment and habilitation in the facility.
     (7) If the board believes that a facility is failing to comply with the provisions of this part in regard to its physical facilities or its treatment of a resident, it shall report its findings at once to the superintendent of the facility and the director of the department of public health and human services. If appropriate, after waiting a reasonable time for a response from the superintendent or the director, the board may notify the parents or guardian of the resident involved, the next of kin, if known, the responsible person appointed by the court for the resident involved, and the district court that has jurisdiction over the facility.
     (8) The board shall report annually to the governor concerning the status of the residential facilities and habilitation programs that it has inspected.

     History: En. 38-1232 by Sec. 32, Ch. 468, L. 1975; amd. Sec. 18, Ch. 546, L. 1977; R.C.M. 1947, 38-1232(2) thru (7); amd. Sec. 1, Ch. 485, L. 1979; amd. Sec. 40, Ch. 112, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 3, Ch. 381, L. 1991; amd. Sec. 36, Ch. 349, L. 1993; amd. Sec. 2, Ch. 255, L. 1995; amd. Sec. 468, Ch. 546, L. 1995.