Montana Code Annotated 2019

TITLE 50. HEALTH AND SAFETY

CHAPTER 12. TREATMENTS FOR CHRONIC OR TERMINAL ILLNESS

Part 1. Right to Try Act

Definitions

50-12-102. Definitions. As used in this part, the following definitions apply:

(1) "Eligible patient" means an individual who meets the requirements of 50-12-104.

(2) "Health care facility" has the meaning provided in 50-5-101.

(3) "Health care provider" means any of the following individuals licensed pursuant to Title 37:

(a) a physician;

(b) an advanced practice registered nurse authorized by the board of nursing to prescribe medicine; and

(c) a physician assistant whose duties and delegation agreement allows the physician assistant to undertake the activities allowed under this part.

(4) "Investigational drug, biological product, or device" means a drug, biological product, or device that:

(a) has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States food and drug administration; and

(b) remains under investigation in a United States food and drug administration-approved clinical trial.

(5) "Terminal illness" means a progressive disease or medical or surgical condition that:

(a) entails significant functional impairment;

(b) is not considered by a treating health care provider to be reversible even with administration of a treatment currently approved by the United States food and drug administration; and

(c) without life-sustaining procedures, will result in death.

(6) "Written informed consent" means a written document that meets the requirements of 50-12-105.

History: En. Sec. 2, Ch. 135, L. 2015.