Terms Used In Montana Code > Title 50 > Chapter 9 - Rights of the Terminally Ill Act

• 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
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Board: means the Montana state board of medical examiners. See Montana Code 50-9-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Declaration: means a document executed in accordance with the requirements of 50-9-103. See Montana Code 50-9-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-9-102
• Emergency medical services personnel: means paid or volunteer firefighters, law enforcement officers, first responders, emergency care providers, or other emergency services personnel acting within the ordinary course of their professions. See Montana Code 50-9-102
• 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.
• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 50-9-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Living will protocol: means a locally developed, communitywide method or a standardized, statewide method developed by the department and approved by the board, of providing palliative care to and withholding life-sustaining treatment from a qualified patient under 50-9-202 by emergency medical service personnel. See Montana Code 50-9-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. 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
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Qualified patient: means a patient 18 years of age or older who has executed a declaration in accordance with this chapter and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition. See Montana Code 50-9-102
• Reliable documentation: means a standardized, statewide identification card or form or a necklace or bracelet of uniform design, adopted by a written, formal understanding of the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient. See Montana Code 50-9-102
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. 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
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204