reglab/housing_qa huggingface dataset:
MT Code § 50-5-1303 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1303. Notification to interested persons -- selection of proxy decisionmaker

  50-5-1303. Notification to interested persons -- selection of proxy decisionmaker. (1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider's designee shall make reasonable efforts to notify the patient of:   (a) the determination that the patient lacks decisional capacity; and   (b) the identity of a lay or medical proxy decisionmaker selected or appointed pursuant to this part.   (2) An attending health care provider or the provider's designee shall make reasonable efforts to locate and notify as many interested persons as practicable to inform them of the patient's lack of decisional capacity and ask that a lay proxy decisionmaker be selected for the patient.   (3) The attending health care provider may rely on interested persons contacted by the provider or the provider's designee to notify other family members or interested persons.   (4) Interested persons who are informed of the patient's lack of decisional capacity shall make reasonable efforts to reach a consensus as to who among them will make medical treatment decisions on behalf of the patient. In selecting a lay proxy decisionmaker, the interested persons should consider which proposed decisionmaker:   (a) has a close relationship with the patient; and   (b) is most likely to have current knowledge of the patient's wishes regarding medical treatment.   (5) Nothing in this section precludes an interested person from initiating a guardianship proceeding for any reason at any time.   History: En. Sec. 3, Ch. 285, L. 2017.
MT Code § 50-5-1304 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination

  50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination. (1) An attending health care provider may designate another willing physician or advanced practice registered nurse to make health care treatment decisions as a patient's proxy decisionmaker if:   (a) after making reasonable efforts, the attending health care provider or the provider's designee is unable to locate any persons with authority to make medical decisions for the patient or no interested person with authority to make medical decisions for the patient is willing and able to serve as lay proxy decisionmaker;   (b) the attending health care provider has determined, with the assistance of any relevant specialists or interpreters, the patient's lack of decisional capacity;   (c) the attending health care provider's assessment of lack of decisional capacity has been confirmed by another health care provider;   (d) the attending health care provider or the provider's designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and   (e) the identity of the physician or advanced practice registered nurse designated as proxy decisionmaker is documented in the medical record.   (2) For the purposes of subsection (1)(d), if the health care facility does not have a medical ethics committee, the facility may refer the attending health care provider or the provider's designee to a medical ethics committee at another health care facility or obtain consensus with the health care facility's chaplain.   (3) The authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker terminates when:   (a) an interested person is willing to serve as a lay proxy decisionmaker;   (b) a family member is willing to serve as a decisionmaker;   (c) a guardian is appointed for the patient;   (d) the patient regains decisional capacity;   (e) the proxy decisionmaker decides to terminate the decisionmaker's role; or   (f) the patient is transferred or discharged from the health care facility, if any, where the patient is receiving care unless the proxy decisionmaker expresses an intention to continue in the role.   (4) The attending health care provider shall document in the patient's medical record the reason for termination of the authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker.   History: En. Sec. 4, Ch. 285, L. 2017.
MT Code § 50-5-1305 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers

  50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers. (1) The attending health care provider and a health care provider appointed pursuant to 50-5-1304 to serve as a medical proxy decisionmaker shall adhere to the following guidelines for proxy decisionmaking:   (a) for routine treatments and procedures that are low-risk and within broadly accepted standards of medical practice, the attending health care provider may make health care treatment decisions;   (b) for treatment involving anesthesia, invasive procedures, significant risk of complications, or otherwise requiring written, informed consent, the attending health care provider shall obtain the written consent of the medical proxy decisionmaker;   (c) for end-of-life treatment that is nonbeneficial and involves withholding or withdrawing specific medical treatments, the attending health care provider shall obtain:   (i) an independent concurring opinion from a physician or advanced practice registered nurse other than the medical proxy decisionmaker;   (ii) a consensus with the medical ethics committee, if available; and   (iii) a consensus with the health care facility's chaplain if a medical ethics committee is not available.   (2) Artificial nourishment and hydration may be withheld or withdrawn from a patient upon a decision of a physician or advanced practice registered nurse serving as a medical proxy decisionmaker only when the attending health care provider and an independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration cannot reasonably be expected to prolong life, would be excessively burdensome for the patient, or would cause the patient significant physical discomfort, such as from complications from the procedures used.   (3) (a) Nothing in this part may be construed as condoning, authorizing, or approving euthanasia or mercy killing.   (b) Nothing in this part may be construed as permitting an affirmative or deliberate act to end a person's life except to permit natural death.   (4) When a lay or medical proxy decisionmaker has not been appointed and the attending health care provider determines that a patient requires end-of-life treatment that includes artificial nourishment and hydration, before a lay or medical proxy decisionmaker may be appointed the attending health care provider or health care facility shall petition the court to have a temporary guardian appointed as provided in 72-5-317. If the petition to have a temporary guardian appointed is not timely or successful considering the exigencies of the situation, a lay or medical proxy decisionmaker may be appointed.   History: En. Sec. 5, Ch. 285, L. 2017.
MT Code § 50-5-1306 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment

  50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment. The medical ethics committee of a health care facility shall assist a lay or medical proxy decisionmaker upon request if the lay or medical proxy decisionmaker is considering or has made a decision to withhold or withdraw medical treatment. If the health care facility treating the patient does not have a medical ethics committee, the facility may provide an outside referral for assistance or consultation.   History: En. Sec. 6, Ch. 285, L. 2017.
MT Code § 50-5-1307 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker

  50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker. The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care provider, or the lay or medical proxy decisionmaker believes the patient has regained decisional capacity. The attending health care provider shall enter the determination and the basis for the determination into the patient's medical record and shall notify the patient, the lay or medical proxy decisionmaker, and the person who requested the redetermination of decisional capacity, if the request was made by someone other than the patient or proxy decisionmaker.   History: En. Sec. 7, Ch. 285, L. 2017.
MT Code § 50-5-1308 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1308. Immunity

  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.   History: En. Sec. 8, Ch. 285, L. 2017.
MT Code § 50-6-101 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 1. Development of Program|50-6-101. Legislative purpose

  50-6-101. Legislative purpose. (1) The public welfare requires the providing of assistance and encouragement for the development of an emergency care system for Montanans who each year are dying and suffering permanent disabilities needlessly because of inadequate medical services. The repeated loss of persons who die unnecessarily because necessary life-support personnel and equipment are not available to victims of accidents and sudden illness is a tragedy that can and must be eliminated.   (2) Community-integrated health care is necessary to improve the health of Montana citizens, to prevent illness and injury, to reduce the incidence of emergency calls and hospital emergency department visits made for the purpose of obtaining nonemergency, nonurgent medical care or services, and to provide community outreach, health education, and referral services within communities.   (3) The development of an emergency medical services program and community-integrated health care is in the interest of the social well-being and health and safety of the state and all of its people who require emergency and community-integrated medical care.   History: En. 69-7001 by Sec. 1, Ch. 311, L. 1974; R.C.M. 1947, 69-7001; amd. Sec. 14, Ch. 220, L. 2019.
MT Code § 50-6-102 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 1. Development of Program|50-6-102. Department to establish and administer program

  50-6-102. Department to establish and administer program. The department of public health and human services shall establish and administer an emergency medical services program.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 95, Ch. 418, L. 1995; amd. Sec. 260, Ch. 546, L. 1995.
MT Code § 50-6-103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 1. Development of Program|50-6-103. Powers of department

  50-6-103. Powers of department. (1) The department of public health and human services is authorized to confer and cooperate with any other persons, organizations, and governmental agencies that have an interest in the emergency medical services program and community-integrated health care.   (2) The department is authorized to accept, receive, expend, and administer any funds that are now available or that may be donated, granted, or appropriated to the department.   (3) The department may, after consultation with the trauma care committee, the Montana committee on trauma of the American college of surgeons, the Montana hospital association, and the Montana medical association, adopt rules necessary to implement part 4 of this chapter.   (4) The department shall continually assess and, as needed, revise the functions and components that it regulates to improve the quality of emergency medical services and to ensure that the emergency medical services program adapts to the changing community-integrated health care needs of the citizens of Montana.   (5) The department shall collaborate with other components of the health care system to fully integrate the emergency medical services program into the overall health care system.   (6) As part of the collaboration under subsection (5), the department shall provide guidance to ambulance services and nontransporting medical units regarding their choice whether or not to engage in community-integrated health care beyond offering emergency medical services.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 96, Ch. 418, L. 1995; amd. Sec. 261, Ch. 546, L. 1995; amd. Sec. 11, Ch. 579, L. 1995; amd. Sec. 3, Ch. 171, L. 1997; amd. Sec. 15, Ch. 220, L. 2019.
MT Code § 50-6-104 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 1. Development of Program|50-6-104. Interdepartmental cooperation required

  50-6-104. Interdepartmental cooperation required. The department of public health and human services, the board of medical examiners, and other interested departments or divisions shall develop in writing a mutually agreeable plan of cooperation so that governmental efforts are not duplicated and governmental resources are applied on a reasonable priority basis.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 97, Ch. 418, L. 1995; amd. Sec. 262, Ch. 546, L. 1995; amd. Sec. 1, Ch. 150, L. 2009.
MT Code § 50-6-105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 1. Development of Program|50-6-105. Emergency medical care standards -- review process

  50-6-105. Emergency medical care standards -- review process. (1) The board of medical examiners shall establish patient care standards for:   (a) out-of-hospital emergency medical treatment and interfacility transportation; and   (b) community-integrated health care.   (2) (a) Complaints involving out-of-hospital care, interfacility care, community-integrated health care, or the operation of an emergency medical service, as defined in 50-6-302, must be filed with the board and reviewed by a screening panel pursuant to 37-1-307.   (b) If a complaint is initially filed with the department of public health and human services, the department shall refer the complaint to the board for review by a screening panel.   (3) (a) When a complaint involves the operation or condition of an emergency medical service, the screening panel shall refer the complaint to the department for investigation as provided in 50-6-323.   (b) When a complaint involves patient care provided by an emergency care provider, the screening panel shall:   (i) refer the complaint to the board for investigation as provided in 37-1-308 and 50-6-203; and   (ii) forward to the department the complaint and the results of the screening panel's initial review as soon as the review is completed.   (c) When a complaint involves a combination of patient care and emergency medical service matters, the screening panel shall refer the complaint to both the department and the board for matters that fall within the jurisdiction of each entity.   (4) For a complaint involving patient care, the board shall:   (a) immediately share with the department any information indicating:   (i) a potential violation of department rules; or   (ii) that the existing policies or practices of an emergency medical service may be jeopardizing patient care; and   (b) notify the department when:   (i) a sanction is imposed on an emergency care provider; or   (ii) the complaint is resolved.   (5) For a complaint involving an emergency medical service, the department shall:   (a) immediately share with the board any information indicating:   (i) a potential violation of board rules; or   (ii) that the practices of an emergency care provider may be jeopardizing patient care; and   (b) notify the board when:   (i) a sanction is imposed on an emergency medical service; or   (ii) the complaint is resolved.   History: En. Sec. 2, Ch. 150, L. 2009; amd. Sec. 16, Ch. 220, L. 2019.
MT Code § 50-6-201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-201. Legislative findings -- duty of board

  50-6-201. Legislative findings -- duty of board. (1) The legislature finds and declares that a program for emergency care providers is required in order to provide the safest and most efficient delivery of emergency and community-integrated health care.   (2) The legislature further finds that prompt and efficient emergency medical care of the sick and injured at the scene and during transport to a health care facility is important in reducing the mortality and morbidity rate during the first critical minutes immediately after an accident or the onset of an emergent condition.   (3) The legislature further finds that community-integrated health care can prevent illness and injury and can help fill gaps in the state's health care system, particularly in rural communities with limited health care services and providers.   (4) The board has a duty to ensure that emergency care providers are properly licensed and provide proper treatment to patients in their care.   History: En. 69-7003 by Sec. 1, Ch. 84, L. 1975; R.C.M. 1947, 69-7003; amd. Sec. 3, Ch. 150, L. 2009; amd. Sec. 17, Ch. 220, L. 2019.
MT Code § 50-6-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-202. Definitions

  50-6-202. Definitions. As used in this part, the following definitions apply:   (1) "Board" means the Montana state board of medical examiners provided for in 2-15-1731.   (2) "Emergency care provider" means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. An emergency care provider with an endorsement may provide community-integrated health care.   (3) "Volunteer emergency care provider" means an individual who is licensed pursuant to this part and provides out-of-hospital, emergency medical, or community-integrated health care or interfacility transport:   (a) on the days and at the times of the day chosen by the individual; and   (b) for an emergency medical service other than:   (i) a private ambulance company unless the care is provided without compensation and outside of the individual's regular work schedule; or   (ii) a private business or a public agency, as defined in 7-1-4121, that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.   History: En. 69-7004 by Sec. 2, Ch. 84, L. 1975; R.C.M. 1947, 69-7004; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 377, L. 1991; amd. Sec. 157, Ch. 483, L. 2001; (3)En. Sec. 1, Ch. 82, L. 2009; amd. Sec. 18, Ch. 220, L. 2019.
MT Code § 50-6-203 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-203. Rules

  50-6-203. Rules. (1) The board, after consultation with the department of public health and human services and other appropriate departments, associations, and organizations, shall adopt rules of the board implementing this part, including but not limited to:   (a) training and licensure of emergency care providers;   (b) the administration of drugs by emergency care providers; and   (c) the handling of complaints involving patient care provided by emergency care providers.   (2) The board may, by rule, establish various levels of emergency care provider licensure and shall specify for each level the training requirements, acts allowed, relicensure requirements, and any other requirements regarding the training, performance, or licensure of that level of emergency care provider that it considers necessary, subject to the provisions of 37-1-138.   History: En. 69-7008 by Sec. 6, Ch. 84, L. 1975; R.C.M. 1947, 69-7008; amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 2, Ch. 377, L. 1991; amd. Sec. 98, Ch. 418, L. 1995; amd. Sec. 263, Ch. 546, L. 1995; amd. Sec. 60, Ch. 271, L. 2003; amd. Sec. 4, Ch. 150, L. 2009; amd. Sec. 19, Ch. 220, L. 2019.
MT Code § 50-6-204 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-204. Repealed

  50-6-204. Repealed. Sec. 4, Ch. 377, L. 1991.   History: En. 69-7005 by Sec. 3, Ch. 84, L. 1975; R.C.M. 1947, 69-7005.
MT Code § 50-6-205 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-205. Repealed

  50-6-205. Repealed. Sec. 4, Ch. 377, L. 1991.   History: En. 69-7006, 69-7007 by Secs. 4, 5, Ch. 84, L. 1975; R.C.M. 1947, 69-7006, 69-7007.
MT Code § 50-6-206 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 6. Emergency Medical Services|Part 2. Emergency Care Providers|50-6-206. Consent

  50-6-206. Consent. An emergency care provider may not be subject to civil liability for failure to obtain consent in performing acts as authorized in this part to any individual regardless of age when the patient is unable to give consent and there is no other person present legally authorized to consent, provided that the acts are in good faith and without knowledge of facts negating consent.   History: En. 69-7009 by Sec. 7, Ch. 84, L. 1975; R.C.M. 1947, 69-7009; amd. Sec. 20, Ch. 220, L. 2019.