Terms Used In Montana Code > Title 7 > Chapter 2 > Part 24 - Transfer and Transcription of Records, Court Actions, and Jury Lists for New Counties

• Administrator: means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. See Montana Code 50-5-1103
• Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
• 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 50-5-1301
• 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
• AED: means a medical device that:

  (a)has received approval for marketing from the U. See Montana Code 50-6-501

• Aftercare: means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:

  (a)basic activities of daily living;

  (b)instrumental activities of daily living; and

  (c)medical or nursing tasks that do not require a licensed professional. See Montana Code 50-5-701

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• 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 health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
• 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
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized representative: means :

  (a)a person who has a general power of attorney for a resident;

  (b)a person appointed by a court to manage the personal or financial affairs of a resident;

  (c)a representative payee;

  (d)a resident's next of kin; or

  (e)a sponsoring agency. See Montana Code 50-5-1103

• Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 50-6-202
• Board: means the Montana state board of medical examiners. See Montana Code 50-9-102
• Care facility: means a hospice, hospital, or long-term care facility. See Montana Code 50-5-1403
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
• Declaration: means a document executed in accordance with the requirements of 50-9-103. See Montana Code 50-9-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1103
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1202
• Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 50-6-401
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-501
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-8-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-9-102
• Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 50-6-202
• Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-401
• Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-501
• 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
• Entity: means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization. See Montana Code 50-6-501
• Entry: means an individual's admission into a hospital for the purposes of inpatient care. See Montana Code 50-5-701
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means a hospital, critical access hospital, or medical assistance facility as defined in 50-5-101. See Montana Code 50-6-401
• Facility: means :

  (a)nonmedical facilities including:

  (i)mental health transitional living facilities; and

  (ii)inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;

  (b)community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;

  (c)youth care facilities;

  (d)public accommodations, including roominghouses, retirement homes, hotels, and motels;

  (e)health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;

  (f)freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and

  (g)assisted living facilities. See Montana Code 50-8-101

• Folio: when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. See Montana Code 1-1-203
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101. See Montana Code 50-5-1301
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-6-202
• Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
• 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
• Hospice: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
• Hospital: means a hospital or critical access hospital as those terms are defined in 50-5-101. See Montana Code 50-5-1403
• Hospital trauma register: means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility. See Montana Code 50-6-401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspecting authority: means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure. See Montana Code 50-8-101
• Interested person: means a patient's:

  (a)spouse;

  (b)parent;

  (c)adult child, sibling, or grandchild; or

  (d)close friend. See Montana Code 50-5-1301

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
• Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. See Montana Code 50-5-1301
• Legal representative: means :

  (a)a legal guardian;

  (b)a person who holds a medical power of attorney; or

  (c)a representative named in an advance health care directive recognized under Montana law or the law of another state. See Montana Code 50-5-701

• 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
• long-term care facility: means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care. See Montana Code 50-5-1103
• Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
• Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Long-term care ombudsman: means the individual appointed to fulfill the requirement of 42 U. See Montana Code 50-5-1103
• Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
• Medical symptom: means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient. See Montana Code 50-5-1202
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual receiving services from a care facility. See Montana Code 50-5-1403
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
• Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
• Physician: means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3. See Montana Code 50-6-501
• Physician: means an individual licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-9-102
• Physician assistant: means an individual licensed pursuant to Title 37, chapter 20. See Montana Code 50-5-1301
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Public safety answering point: means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies. See Montana Code 50-6-501
• 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
• Quality improvement: means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards. See Montana Code 50-6-401
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1103
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
• Safety devices: means side rails, tray tables, seatbelts, and other similar devices. See Montana Code 50-5-1202
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• State trauma register: means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system. See Montana Code 50-6-401
• Statute: A law passed by a legislature.
• Terminal condition: means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time. See Montana Code 50-9-102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trauma: means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force. See Montana Code 50-6-401
• Trauma care committee: means the trauma care committee created in 2-15-2216. See Montana Code 50-6-401
• Trauma care system: means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients. See Montana Code 50-6-401
• Trauma facility: means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility. See Montana Code 50-6-401
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203