Montana Code 53-21-1311. Prohibited elements
53-21-1311. Prohibited elements. A directive may not:
Terms Used In Montana Code 53-21-1311
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- 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 53-21-1302
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
(1)create an entitlement to mental health treatment or other medical treatment;
(2)obligate any health care provider, professional person, health care facility, or insurer to pay the costs associated with the treatment requested;
(3)obligate any health care provider, professional person, or health care facility to be responsible for services outside the scope of services the person or facility normally provides; or
(4)bind any person who is not a provider of health care services to confer any benefit on the principal.
