Montana Code Annotated 2023



Part 13. Mental Health Care Advance Directives

Provider Of Mental Health Services

53-21-1313. Provider of mental health services. (1) A provider of mental health services or a supervising health care provider shall:

(a) inquire whether a directive exists and make a written record of the response; and

(b) include a copy of the directive and any written revocation in the health care record if the directive or revocation are provided.

(2) A supervising health care provider who makes or is informed of a determination that a principal lacks or has regained capacity or that another condition exists that affects an individual instruction or the authority of an agent shall promptly record the determination or condition in the principal's health care record and communicate the determination or condition to the principal, if possible, and to any person or agent authorized to make health care decisions for the patient.

(3) After a determination of incapacity a supervising health care provider shall communicate health care decisions to the principal to the extent possible.

(4) A health care provider or institution providing care to the principal under the authority of a directive shall comply with the provisions of the directive and with all reasonable interpretations of the directive by the agent to the fullest extent possible unless the supervising health care provider determines that:

(a) compliance violates the accepted standard of care;

(b) compliance conflicts with the applicable law or a court order;

(c) the requested treatment is not reasonably available; or

(d) an emergency situation exists and compliance endangers the principal's life or health.

(5) A health care provider or mental health professional may not require or prohibit the execution or revocation of a directive as a condition for providing health care. A health care provider's inability to follow the specific terms of the directive because it violates the standard of care does not require a revocation of the directive. A health care provider or mental health professional may not promote the creation, alteration, adoption, or revocation of a directive under circumstances that are or reasonably appear to be coercive.

History: En. Sec. 8, Ch. 329, L. 2011.