37-3-333. Written informed consent for breast cancer treatment. (1) For the purpose of this section, “written informed consent” means an agreement in writing that is freely executed by the patient that certifies that full disclosure has been made to the patient about:

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Terms Used In Montana Code 37-3-333

(a)the full range of efficacious medical treatment alternatives that may be viable, including surgical procedures relating to the removal of breast tissue, radiological or chemotherapeutic treatments or any other generally accepted medical treatment, or combinations of procedures and treatments;

(b)the advantages, disadvantages, risks, and descriptions of the procedures and treatments listed in subsection (1)(a); and

(c)aspects of recovery, including the options that are available for reconstructive surgery.

(2)Failure of a physician or surgeon to provide written informed consent as provided in subsection (1) constitutes unprofessional conduct.