50-5-1203. Procedures — informed consent — physician involvement. (1) Upon receiving a request for use of a safety device, a long-term care facility shall inform the requestor of the alternatives and risks associated with the use of the safety device. The long-term care facility shall provide the requested safety device to the resident upon receipt of:

Terms Used In Montana Code 50-5-1203

  • Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
  • Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
  • Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202

(a)a signed consent form authorizing its use and acknowledging receipt of specific information about available alternatives and risks; and

(b)a written order from the attending physician that specifies the circumstances under and the duration for which the safety device may be used and the medical symptoms that the safety device is intended to address.

(2)The requirements of subsection (1) do not apply if a side rail or other device is used only as an assistive device and does not restrict the resident’s movement from bed or chair.