Montana Code 53-21-1334. Immunities
53-21-1334. Immunities. (1) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or discipline for unprofessional conduct for:
Terms Used In Montana Code 53-21-1334
- Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- 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
(a)complying with a health care decision of an agent who has authority under a directive to make a health care decision for a principal, including a decision to withhold or withdraw health care;
(b)declining to comply with a health care decision of a person claiming to be an agent based on a good faith belief that the person then lacked authority; or
(c)complying with a directive and assuming that the directive was valid when made and has not been revoked or terminated.
(2)A person acting as agent under this part is not subject to civil or criminal liability or discipline for unprofessional conduct for health care decisions made in good faith.