Montana § 50-5-1308 Immunity

Montana Statutes

§ 50-5-1308 — Immunity

Montana § 50-5-1308

Title 50HEALTH AND SAFETY

Ch. 5HOSPITALS AND RELATED FACILITIES

Part 13Proxy Decisionmakers

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Bluebook

Mont. Code Ann. § 50-5-1308 (2026).

Text

50-5-1308 . Immunity.

(1)An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.

(2)A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.

(3)A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care

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50-5-1308 . Immunity. (1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.
(2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.
(3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.
(4) The immunity provided by this section does not apply to:
(a) a health care facility that is owned or operated by the state or a political subdivision of the state;
(b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or
(c) health care providers who are employed by the state or a political subdivision of the state.