Montana Code Annotated 2023

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

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:

(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(c) complying with a directive and assuming that the directive was valid when made and has not been revoked or terminated.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.

History: En. Sec. 19, Ch. 329, L. 2011.