Montana Code 50-9-105. When declaration operative
50-9-105. When declaration operative. (1) A declaration becomes operative when:
Terms Used In Montana Code 50-9-105
- 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 50-9-102
- Attending advanced practice registered nurse: means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
- Attending physician: means the physician selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
- Declaration: means a document executed in accordance with the requirements of 50-9-103. See Montana Code 50-9-102
- Life-sustaining treatment: means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process. See Montana Code 50-9-102
- Physician: means an individual licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-9-102
- Terminal condition: means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time. See Montana Code 50-9-102
(a)it is communicated to the attending physician or attending advanced practice registered nurse; and
(b)the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment.
(2)Except as provided in 72-17-216, when the declaration becomes operative, the attending physician or attending advanced practice registered nurse and other health care providers shall act in accordance with its provisions and with the instructions of a designee under 50-9-103(1) or comply with the transfer requirements of 50-9-203.