2019 Montana Code Annotated
Title 50. Health and Safety
Chapter 9. Rights of the Terminally Ill Act
Part 5. Health Care Declaration Registry
50-9-502. Health care declaration registry filing provisions -- special revenue fund -- failure to file declaration or notify of revocation -- duty of health care providers to access registry

50-9-502. Health care declaration registry filing provisions -- special revenue fund -- failure to file declaration or notify of revocation -- duty of health care providers to access registry. (1) An individual or a person designated by the individual may file with the attorney general, for entry into the health care declaration registry, a declaration provided for in 50-9-103 that pertains to life-sustaining treatment.

(2) (a) The attorney general may accept gifts, grants, donations, bequests, and other forms of voluntary contributions to support, promote, and maintain the registry.

(b) There is a health care declaration account in the state special revenue fund. Money received pursuant to subsection (2)(a) and any money transferred from the general fund to the health care declaration registry must be deposited in the account and must be used by the attorney general to create and maintain the health care declaration registry and to create and maintain an education and outreach program for the public regarding advance health care planning and end-of-life health care decisionmaking.

(3) (a) Failure to file the declaration with the attorney general does not affect the validity of the declaration.

(b) Failure to notify the attorney general of a revocation of the declaration made pursuant to 50-9-104, does not affect the validity of the revocation.

(4) A health care provider is not required to access the registry in order to determine if a qualified patient has filed a declaration with the attorney general.

History: En. Sec. 2, Ch. 447, L. 2005.