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LC 2213

Revise determination of death laws to include determination of alive

2025 Regular Session

Legislative Summary: LC 2213 - Revise Determination of Death Laws SummaryThis bill, introduced on December 5, 2024, aimed to revise Montana's laws around the determination of death

(LC) Draft Died in Process
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Bill Summary · LC 2213

Legislative Summary: LC 2213 - Revise Determination of Death Laws

Summary

This bill, introduced on December 5, 2024, aimed to revise Montana's laws around the determination of death to include criteria for determining when a person is considered "alive." The bill ultimately died in the legislative process without being enacted into law.

Key Provisions

  • Established new criteria for healthcare providers to use when determining if a person is "alive" versus "dead," including:
    • Presence of brain activity and/or respiration
    • Ability to respond to external stimuli
    • Other measures of biological functioning
  • Required healthcare facilities to develop and implement protocols for making determinations of life or death
  • Mandated training for relevant medical staff on the new determination of life/death criteria

Impact

  • Would have impacted healthcare providers, hospitals, and other medical facilities responsible for making determinations of life or death
  • Could have changed the standards and procedures used to declare a patient as deceased, with potential implications for end-of-life care, organ donation, and other critical medical decisions
  • May have resulted in more people being classified as "alive" rather than "dead" under the proposed new criteria

Timeline and Status

  • Introduced in the Montana Legislature on December 5, 2024 as a draft bill (LC 2213)
  • Never formally introduced as a numbered bill and died in the legislative process

Overall, this bill sought to significantly revise Montana's laws around the determination of death, potentially expanding the criteria for classifying a person as "alive" versus "dead." However, it did not progress beyond the draft stage and was not enacted into law.

Compiled from official sources — confirm details with the bill’s official record.

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