50-5-1301. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 50-5-1301

  • Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-5-1301
  • Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
  • Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
  • Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
  • Interested person: means a patient's:

    (a)spouse;

    (b)parent;

    (c)adult child, sibling, or grandchild; or

    (d)close friend. See Montana Code 50-5-1301

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
  • Physician assistant: means an individual licensed pursuant to Title 37, chapter 20. See Montana Code 50-5-1301
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Adult” means any person 18 years of age or older.

(2)”Advanced practice registered nurse” means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.

(3)”Attending health care provider” means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.

(4)”Decisional capacity” means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment.

(5)”Health care facility” means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101.

(6)”Health care provider” means any individual licensed or certified by the state to provide health care.

(7)”Interested person” means a patient’s:

(a)spouse;

(b)parent;

(c)adult child, sibling, or grandchild; or

(d)close friend.

(8)”Medical proxy decisionmaker” means a physician or advanced practice registered nurse designated by the attending health care provider.

(9)”Physician” means an individual licensed pursuant to Title 37, chapter 3.

(10)”Physician assistant” means an individual licensed pursuant to Title 37, chapter 20.

(11)(a) “Lay proxy decisionmaker” means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity.

(b)The term does not include the patient’s attending health care provider.