1. MCA Contents
  2. TITLE 50
  3. CHAPTER 9
  4. Part 1
  5. 50-9-105 When declaration operative

Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 9. RIGHTS OF THE TERMINALLY ILL ACT

Part 1. General

When Declaration Operative

50-9-105. When declaration operative. (1) A declaration becomes operative when:

(a) it is communicated to the attending physician or attending advanced practice registered nurse; and

(b) the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment.

(2) Except as provided in 72-17-216, when the declaration becomes operative, the attending physician or attending advanced practice registered nurse and other health care providers shall act in accordance with its provisions and with the instructions of a designee under 50-9-103(1) or comply with the transfer requirements of 50-9-203.

History: En. Sec. 11, Ch. 391, L. 1991; amd. Sec. 4, Ch. 240, L. 2003; amd. Sec. 2, Ch. 345, L. 2007.