Montana Code 50-9-503. Entry of declaration into health care declaration registry — removal of declaration
50-9-503. Entry of declaration into health care declaration registry — removal of declaration. (1) Upon receipt of a declaration pertaining to life-sustaining treatment, the attorney general shall determine if the declaration is in compliance with the provisions of 50-9-103. If the declaration is not in compliance with the provisions of 50-9-103, the attorney general shall return the declaration together with a statement that the declaration was not filed due to its nonconformance with the requirements of 50-9-103.
Terms Used In Montana Code 50-9-503
- 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
(2)(a) If a declaration is accepted for filing, the attorney general shall create a digital copy of the declaration and enter it into the database of the health care declaration registry.
(b)The attorney general shall assign a unique access code to each individual who files a declaration that may be used by that individual or by a health care provider in a case in which the individual becomes a qualified patient to access the registry to view the filed declaration.
(c)(i) After entering the digital copy of the declaration in the registry, the attorney general shall return to the individual filing the declaration the original declaration along with two wallet-sized cards that indicate that a copy of the declaration exists in the registry and that the name and access code on the cards may be used to access the registry to view an electronic copy of the declaration.
(ii)(A) In addition to the materials provided to an individual filing a declaration under subsection (2)(c)(i), the attorney general shall include a form asking the individual filing the declaration to indicate on the form the privacy level that the individual desires with respect to accessing the declaration and asking the individual to return the form to the attorney general.
(B)An individual shall choose between two privacy levels. The standard privacy level allows access by the individual filing the declaration, appropriate health care providers, anyone with the name and access code, and anyone with the social security number, birth date, and mother’s maiden name of the individual who filed the declaration. The higher privacy level allows access only by the individual filing the declaration, appropriate health care providers, and anyone with the name and access code. If a form indicating a choice of privacy level is not returned to the attorney general, the attorney general shall use the standard privacy level in determining access to a declaration.
(3)If the attorney general receives a notice of the revocation of a declaration that is contained in the health care declaration registry or is notified that a person who is the subject of a declaration filed in the registry is deceased, the attorney general shall remove that declaration from the registry.