Montana Code 50-5-1308. Immunity
50-5-1308. Immunity. (1) An attending health care provider, provider’s designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.
Terms Used In Montana Code 50-5-1308
- 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
- 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. 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
- Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. 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
- 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
(2)A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.
(3)A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider’s designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.
(4)The immunity provided by this section does not apply to:
(a)a health care facility that is owned or operated by the state or a political subdivision of the state;
(b)members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or
(c)health care providers who are employed by the state or a political subdivision of the state.