Montana Code Annotated 2003

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     50-10-102. Immunities. (1) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of DNR identification upon a person:
     (a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining procedures from that person;
     (b) a person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician or an advanced practice registered nurse;
     (c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;
     (d) a health care facility in which withholding or withdrawal of life-sustaining procedures from that person occurs;
     (e) physicians, advanced practice registered nurses, persons under the direction or authorization of a physician or an advanced practice registered nurse, emergency medical services personnel, or health care facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses DNR identification.
     (2) The provisions of subsections (1)(a) through (1)(d) apply when a life-sustaining procedure is withheld or withdrawn in accordance with the do not resuscitate protocol.
     (3) Emergency medical services personnel who follow a do not resuscitate order from a licensed physician or advanced practice registered nurse are not subject to civil or criminal liability and are not guilty of unprofessional conduct.

     History: En. Sec. 2, Ch. 581, L. 1991; amd. Sec. 14, Ch. 240, L. 2003.

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