PRIA Logo™
MontanaHB 82569th Legislature, Regular Session (2025)House

Generally revise laws related to health care proxy decisionmakers

Sponsored By: Melody Cunningham (Democrat)

Signed by Governor

Health Care ServicesHealth

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Name a trusted hospital decisionmaker

As an adult patient, you can name a trusted person to make health choices if you later cannot. Tell your provider before the provider finds you lack decisional capacity. A witness must be present. The provider records the person’s name and contact and tells your family. The provider must try to reach this person before picking any other proxy. Your choice stays in place until you sign a medical power of attorney, choose someone else, or you are discharged.

Surrogates can use patient rights

If a patient lacks capacity, is legally incompetent, or is a minor, the patient’s surrogate, lay proxy, or trusted decisionmaker can use the patient’s rights. These rights cover information, consent or refusal, records, privacy, and more. Hospitals must record advance directives or surrogates and train staff each year on these rights.

Clear order for who decides

When a patient cannot decide, the provider must pick a surrogate from a ranked list. The order is: guardian with medical authority; agent named in a medical power of attorney or advance directive; spouse; adult child; parent; sibling; trusted decisionmaker; a close friend who knows the patient’s wishes; then other proxies allowed by law. The first available person on that list acts.

Sponsors & Cosponsors

Sponsor

  • Melody Cunningham

    Democrat • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 399 • No: 94

House vote • 4/18/2025

Do Concur

Yes: 79 • No: 19

House vote • 4/17/2025

Do Concur

Yes: 96 • No: 4

Senate vote • 4/11/2025

Do Concur

Yes: 27 • No: 21

Senate vote • 4/10/2025

Do Concur

Yes: 30 • No: 20

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 Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading

    4/11/2025Senate

  12. 2nd Reading

    4/10/2025Senate

  13. Committee Report

    4/8/2025Senate

  14. Committee Executive Action

    4/7/2025Senate

  15. Hearing Canceled

    4/7/2025Senate

  16. Hearing

    3/27/2025Senate

  17. Referred to Committee

    3/19/2025Senate

  18. 1st Reading

    3/14/2025Senate

  19. Transmitted to Senate

    3/7/2025House

  20. 3rd Reading

    3/7/2025House

  21. 2nd Reading

    3/6/2025House

  22. Committee Report

    3/1/2025House

  23. Committee Executive Action

    3/1/2025House

  24. Hearing

    2/27/2025House

  25. 1st Reading

    2/27/2025House

Bill Text

  • Enrolled

    4/21/2025

    PDF

  • As Amended (Version 2)

    4/8/2025

    PDF

  • Introduced

    2/26/2025

    PDF

Related Bills

Back to State Legislation