{"data":{"id":"us-mt/50-5-1308","jurisdiction":"us-mt","citation":"50-5-1308","heading":"Immunity.","body":"(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.\n(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.\n(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.\n(4) The immunity provided by this section does not apply to:\n(a) a health care facility that is owned or operated by the state or a political subdivision of the state;\n(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\n(c) health care providers who are employed by the state or a political subdivision of the state.","path":["TITLE 50. HEALTH AND SAFETY","CHAPTER 5. HOSPITALS AND RELATED FACILITIES","Part 13. Proxy Decisionmakers"],"source_url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0050/part_0130/section_0080/0500-0050-0130-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:56:10Z","sha256":"efae4b54be096c440dee68e08f47e86c7dde72268075e3d3e305810329e4095c","source_id":"us-mt","stale":false,"prev":"us-mt/50-5-1307","next":"us-mt/50-5-1309"},"notice":"GroundRules: Original legal text. Not legal advice."}