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Montana

CURRENT STATUS: ENACTED

About

Legal in Montana, for now

Aid in dying is legal in Montana as a result of the 2009 Baxter v. Montana lawsuit, but it is constantly under threat by lawmakers who attempt, every session, to remove physician protections.

 

Timeline of Death with Dignity in Montana

2023

2023

Physician Protections Bill Does not Pass

  • In February, Montana’s bill to effectively make Death with Dignity illegal, fails the third reading in the Senate (24-26), killing the bill.
  • On January 25, the Montana State Senate introduces SB210, an act aimed to criminalize doctors who work with patients seeking medical aid in dying. Death with Dignity is committed to fighting to maintain the right to medical aid in dying in Montana.

2021

2021

Physician Protections Bill Continues to Fail to Pass

Representative Glimm introduces SB290, a bill that would eliminate physician protections and “Prohibit consent as a defense for physician-assisted suicide”. The bill fails to pass the Senate (25-25) and is set aside indefinitely by a vote of 29-21.

2019

2019

Physician Protections Bill Voted Down

Montana State Representative Glimm sponsors HB284 in an effort to eliminate physician protections. The Montana State House of Representatives Judiciary Committee narrowly passes the bill 10 to 9, and the House follows with a 53 to 47 vote to pass. The State Senate votes the bill down 22 to 27 in April.

2017

2017

Anti-Aid in Dying Legislation Gains Momentum

Montana State Representative Tschida sponsors HB536, which states “physician aid in dying is against public policy, and a patient’s consent to physician aid in dying is not a defense to a charge of homicide against the aiding physician.” 

A hearing takes place and the bill passes with a House vote of 52 to 48. The bill ultimately fails to advance.

2011

2011

Anti-Aid in Dying Legislation Introduced for the First Time

A Death with Dignity Act, SB167, and a bill prohibiting aid in dying are introduced in the state legislature for the first time. Neither passes; the same result occurs in subsequent legislative sessions, in 2013 (SB220) and 2015 (SB202).

2009

2009

Baxter v. Montana

The Montana Supreme Court rules 5-2, in Baxter v. Montana, that nothing in state law prohibits a physician from honoring a terminally ill, mentally capable patient’s request by prescribing medication to hasten the patient’s death. The ruling cited the state’s Rights of the Terminally Ill Act.

Montana’s judicial approach to physician aid in dying remains unique.