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.
Structure Montana Code Annotated
Chapter 9. Rights of the Terminally Ill Act
50-9-103. Declaration relating to use of life-sustaining treatment -- designee
50-9-104. Revocation of declaration
50-9-105. When declaration operative
50-9-106. Consent by others to withholding or withdrawal of treatment
50-9-107. When health care provider may presume validity of declaration
50-9-108. Effect of previous declaration
50-9-110. Authority to adopt rules
50-9-111. Recognition of declarations executed in other states