Montana § 41-1-405 Emergencies And Special Situations

Montana Statutes

§ 41-1-405 — Emergencies And Special Situations

Montana § 41-1-405

Title 41MINORS

Ch. 1RIGHTS AND OBLIGATIONS OF MINORS

Part 4Consent for Health Services

This text of Montana § 41-1-405 (Emergencies And Special Situations) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 41-1-405 (2026).

Text

41-1-405 . Emergencies and special situations.

(1)A health professional may render or attempt to render emergency service or first aid, medical, surgical, dental, or psychiatric treatment, without compensation, to any injured person or any person regardless of age who is in need of immediate health care when, in good faith and with a reasonable belief supported by fact, the professional believes that the giving of aid is the only alternative to probable death or irreparable physical damage.

(2)Consent may not be required of a minor who does not possess the mental capacity or who has a physical disability that renders the minor incapable of giving consent and who, after a diligent search, has no known relatives or legal guardians, if a physician determines that the health service is the o

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41-1-405 . Emergencies and special situations. (1) A health professional may render or attempt to render emergency service or first aid, medical, surgical, dental, or psychiatric treatment, without compensation, to any injured person or any person regardless of age who is in need of immediate health care when, in good faith and with a reasonable belief supported by fact, the professional believes that the giving of aid is the only alternative to probable death or irreparable physical damage.
(2) Consent may not be required of a minor who does not possess the mental capacity or who has a physical disability that renders the minor incapable of giving consent and who, after a diligent search, has no known relatives or legal guardians, if a physician determines that the health service is the only alternative to probable death or irreparable physical damage.
(3) Self-consent of minors does not apply to sterilization or abortion, except as provided in Title 50, chapter 20, part 5.

Legislative History

En. Sec. 4, Ch. 189, L. 1969; amd. Sec. 4, Ch. 312, L. 1974; R.C.M. 1947, 69-6104; amd. Sec. 11, Ch. 469, L. 1995; amd. Sec. 10, Ch. 307, L. 2011; amd. Sec. 12, Ch. 307, L. 2013; amd. Sec. 6, Ch. 527, L. 2023.