Montana Code Annotated
Part 13. Proxy Decisionmakers
50-5-1301. Definitions

50-5-1301. Definitions. As used in this part, the following definitions apply:
(1) "Adult" means any person 18 years of age or older.
(2) "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.
(3) "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.
(4) "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.
(5) "Health care facility" means a hospital, critical access hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101.
(6) "Health care provider" means any individual licensed or certified by the state to provide health care.
(7) "Interested person" means a patient's:
(a) spouse;
(b) parent;
(c) adult child, sibling, or grandchild; or
(d) close friend.
(8) "Medical proxy decisionmaker" means a physician or advanced practice registered nurse designated by the attending health care provider.
(9) "Physician" means an individual licensed pursuant to Title 37, chapter 3.
(10) "Physician assistant" means an individual licensed pursuant to Title 37, chapter 20, whose duties and delegation agreement authorizes the individual to undertake the activities allowed under this part.
(11) (a) "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.
(b) The term does not include the patient's attending health care provider.
History: En. Sec. 1, Ch. 285, L. 2017.

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