MontanaHB 82569th Legislature, Regular Session (2025)HouseWALLET

Generally revise laws related to health care proxy decisionmakers

Sponsored By: Melody Cunningham (Democrat)

Became Law

Health Care ServicesHealth

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Clear order for medical decisionmakers

When you lack decisional capacity and no valid directive or medical power of attorney controls, providers must follow a set order. First, a guardian with medical authority. Next, the agent you named in a medical power of attorney or advance directive, then your trusted decisionmaker. After that, your spouse, adult child, parent, sibling, a close friend who knows your wishes, then any other proxy under state law.

Name a trusted health decisionmaker in hospital

As an adult admitted to a hospital, you can name a trusted decisionmaker before any capacity finding. A third-party witness must be present, and your provider records the person’s name and contact info. The provider promptly tells your family. This trusted person stays in place until you sign an advance directive, sign a medical power of attorney, name someone else, or you are discharged. Providers cannot pick another proxy unless they tried to reach your trusted person and cannot contact them. If your trusted decisionmaker is willing and able, the usual notice and alternate-proxy steps do not apply.

Stronger patient rights and staff training

The Patient Bill of Rights is expanded and applies to you or, if you cannot decide, to your surrogate, lay proxy, or trusted decisionmaker. You get clear, timely information about your condition and choices, including the immediate and long-term costs of treatment. You have privacy, access to records, the right to accept or refuse care, have an advance directive, and have a support person and visitors. You are told who is on your care team, why transfers happen, any business ties, and research is always voluntary. Health care facilities must train staff every year on these rights.

Sponsors & Cosponsors

Sponsor

  • Melody Cunningham

    Democrat • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 398 • No: 93

House vote 4/18/2025

Do Concur

Yes: 79 • No: 19

House vote 4/17/2025

Do Concur

Yes: 95 • No: 4

House vote 4/11/2025

Do Concur

Yes: 27 • No: 21

House vote 4/10/2025

Do Concur

Yes: 30 • No: 19

House vote 3/7/2025

Do Pass

Yes: 83 • No: 16

House vote 3/6/2025

Do Pass

Yes: 84 • No: 14

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House
  2. Signed by Governor

    5/8/2025House
  3. Transmitted to Governor

    5/1/2025House
  4. Signed by President

    5/1/2025Senate
  5. Signed by Speaker

    4/29/2025House
  6. Returned from Enrolling

    4/21/2025House
  7. Sent to Enrolling

    4/18/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/18/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/17/2025House
  10. Returned to House with Amendments

    4/11/2025Senate
  11. 3rd Reading Concurred

    4/11/2025Senate
  12. 2nd Reading Concurred

    4/10/2025Senate
  13. Committee Report--Bill Concurred as Amended

    4/8/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    4/7/2025Senate
  15. Hearing Canceled

    4/7/2025Senate
  16. Hearing

    3/27/2025Senate
  17. Referred to Committee

    3/19/2025Senate
  18. First Reading

    3/14/2025Senate
  19. Transmitted to Senate

    3/7/2025House
  20. 3rd Reading Passed

    3/7/2025House
  21. 2nd Reading Passed

    3/6/2025House
  22. Committee Report--Bill Passed

    3/1/2025House
  23. Committee Executive Action--Bill Passed

    3/1/2025House
  24. Hearing

    2/27/2025House
  25. First Reading

    2/27/2025House

Bill Text

  • Enrolled

    4/21/2025

  • As Amended (Version 2)

    4/8/2025

  • Introduced

    2/26/2025

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