Montana Code Annotated
Part 1. Right to Try Act
50-12-102. Definitions

50-12-102. Definitions. As used in this part, the following definitions apply:
(1) "Eligible patient" means an individual who meets the requirements of 50-12-104.
(2) "Health care facility" has the meaning provided in 50-5-101.
(3) "Health care provider" means any of the following individuals licensed pursuant to Title 37:
(a) a physician;
(b) an advanced practice registered nurse authorized by the board of nursing to prescribe medicine; and
(c) a physician assistant whose duties and delegation agreement allows the physician assistant to undertake the activities allowed under this part.
(4) "Investigational drug, biological product, or device" means a drug, biological product, or device that:
(a) has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States food and drug administration; and
(b) remains under investigation in a United States food and drug administration-approved clinical trial.
(5) "Terminal illness" means a progressive disease or medical or surgical condition that:
(a) entails significant functional impairment;
(b) is not considered by a treating health care provider to be reversible even with administration of a treatment currently approved by the United States food and drug administration; and
(c) without life-sustaining procedures, will result in death.
(6) "Written informed consent" means a written document that meets the requirements of 50-12-105.
History: En. Sec. 2, Ch. 135, L. 2015.

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