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(c) complying with a directive and assuming that the directive was valid when made and has not been revoked or terminated.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.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Part 13. Mental Health Care Advance Directives
53-21-1303. Presumption of capacity
53-21-1304. Scope of mental health care advance directive
53-21-1305. Validity of appointment of agent
53-21-1306. through 53-21-1310 reserved
53-21-1311. Prohibited elements
53-21-1312. When a directive takes effect -- determination of incapacity
53-21-1313. Provider of mental health services
53-21-1315. Health care decisions in event of the principal's protest
53-21-1316. through 53-21-1320 reserved
53-21-1321. Explicit authorization required for certain treatment
53-21-1322. Authorization for admission to inpatient treatment -- effect of directive
53-21-1325. Effect of directive on existing law
53-21-1326. through 53-21-1330 reserved
53-21-1331. Nomination of guardian or conservator
53-21-1332. Decisions by guardian or conservator