Montana Code 50-9-104. Revocation of declaration
50-9-104. Revocation of declaration. (1) A declarant may revoke a declaration at any time and in any manner, without regard to mental or physical condition. A revocation is effective upon its communication to the attending physician, attending advanced practice registered nurse, or other health care provider by the declarant or a witness to the revocation. A health care provider or emergency medical services personnel witnessing a revocation shall act upon the revocation and shall communicate the revocation to the attending physician or attending advanced practice registered nurse at the earliest opportunity. A revocation communicated to a person other than the attending physician, attending advanced practice registered nurse, emergency medical services personnel, or health care provider is not effective unless the attending physician or attending advanced practice registered nurse is informed of it before the qualified patient is in need of life-sustaining treatment.
Terms Used In Montana Code 50-9-104
- 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
- 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
- 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
- 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
- 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
- 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
(2)The attending physician, attending advanced practice registered nurse, or other health care provider shall make the revocation a part of the declarant’s medical record.