Montana Code 50-10-102. Immunities
50-10-102. Immunities. (1) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of DNR identification upon a person:
Terms Used In Montana Code 50-10-102
- 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 50-10-101
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- DNR identification: means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the department, that signifies that the possessor is a qualified patient, as defined in 50-9-102, or that the possessor's attending physician or attending advanced practice registered nurse has issued a do not resuscitate order for the possessor and has documented the grounds for the order in the possessor's medical file. See Montana Code 50-10-101
- Do not resuscitate order: means a directive from a licensed physician or advanced practice registered nurse that emergency life-sustaining procedures should not be administered to a particular person. See Montana Code 50-10-101
- Do not resuscitate protocol: means a standardized method of procedure, approved by the board and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by physicians, advanced practice registered nurses, and emergency medical services personnel. See Montana Code 50-10-101
- Emergency medical services personnel: has the meaning provided in 50-9-102. See Montana Code 50-10-101
- Health care facility: has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102. See Montana Code 50-10-101
- Life-sustaining procedure: means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation. See Montana Code 50-10-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Physician: means a person licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-10-101
(a)a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining procedures from that person;
(b)a person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician or an advanced practice registered nurse;
(c)emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;
(d)a health care facility in which withholding or withdrawal of life-sustaining procedures from that person occurs;
(e)physicians, advanced practice registered nurses, persons under the direction or authorization of a physician or an advanced practice registered nurse, emergency medical services personnel, or health care facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses DNR identification.
(2)The provisions of subsections (1)(a) through (1)(d) apply when a life-sustaining procedure is withheld or withdrawn in accordance with the do not resuscitate protocol.
(3)Emergency medical services personnel who follow a do not resuscitate order from a licensed physician or advanced practice registered nurse are not subject to civil or criminal liability and are not guilty of unprofessional conduct.