Montana Code 50-9-502. Health care declaration registry filing provisions — special revenue fund — failure to file declaration or notify of revocation — duty of health care providers to access registry
50-9-502. Health care declaration registry filing provisions — special revenue fund — failure to file declaration or notify of revocation — duty of health care providers to access registry. (1) An individual or a person designated by the individual may file with the attorney general, for entry into the health care declaration registry, a declaration provided for in 50-9-103 that pertains to life-sustaining treatment.
Terms Used In Montana Code 50-9-502
- Declaration: means a document executed in accordance with the requirements of 50-9-103. 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
- 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
- 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
(2)(a) The attorney general may accept gifts, grants, donations, bequests, and other forms of voluntary contributions to support, promote, and maintain the registry.
(b)There is a health care declaration account in the state special revenue fund. Money received pursuant to subsection (2)(a) and any money transferred from the general fund to the health care declaration registry must be deposited in the account and must be used by the attorney general to create and maintain the health care declaration registry and to create and maintain an education and outreach program for the public regarding advance health care planning and end-of-life health care decisionmaking.
(3)(a) Failure to file the declaration with the attorney general does not affect the validity of the declaration.
(b)Failure to notify the attorney general of a revocation of the declaration made pursuant to 50-9-104, does not affect the validity of the revocation.
(4)A health care provider is not required to access the registry in order to determine if a qualified patient has filed a declaration with the attorney general.