Montana Code 50-5-1201. Use of safety devices — request and consent — allowed individuals — intent
50-5-1201. Use of safety devices — request and consent — allowed individuals — intent. (1) The following individuals may request the use of and provide informed consent for the use of certain safety devices aimed at ensuring the physical safety of the resident by reducing the risk of falls and injuries associated with a resident’s medical symptom even if the resident cannot easily remove the device or the device restricts the resident’s total freedom of movement:
Terms Used In Montana Code 50-5-1201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Medical symptom: means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient. See Montana Code 50-5-1202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
- Safety devices: means side rails, tray tables, seatbelts, and other similar devices. See Montana Code 50-5-1202
(a)a resident;
(b)a family member of a resident who is unable to make decisions because the resident has a communication barrier or has been found by a physician to be medically incapable of granting informed consent, as provided in 50-5-1203;
(c)a guardian, as defined in 72-1-103; or
(d)a person granted the power of attorney for health care decisions.
(2)A concern for a resident’s physical safety or a resident’s fear of falling may provide the basis for a medical symptom. A safety device may not be used for the convenience of staff or for disciplinary purposes.
(3)This part is intended to provide residents and authorized or designated representatives with the authority to request and consent to the use of safety devices but is not intended to interfere with the right of licensed health care providers acting within their scope of practice to recommend and order treatments and services, including physical restraints, for residents in their care.