Montana

Overview

Montana is unique among permissive states in that assisted dying is not authorized by a legislative statute, but rather protected by a Montana Supreme Court ruling. In Baxter v. Montana (2009), the court held that nothing in Montana law prohibits a physician from honoring a terminally ill patient's request for a prescription to hasten death, and that physicians who assist are protected from prosecution under Montana's consent law.

There is no formal oversight structure, no required reporting, and no standardized eligibility criteria — making Montana's framework the most informal in the nation.

Legal Situation

• No statute authorizing physician-assisted death exists in Montana
• The Montana Supreme Court ruled that physician assistance is not contrary to public policy
• Physicians who assist may rely on patient consent as a defense against homicide charges
• The legislature has repeatedly considered (and rejected) bills to either codify or ban the practice
• In practice, very few Montana physicians openly assist patients due to lack of clear legal protection

Practical Access

• Access depends entirely on finding a willing physician — no formal system exists
• No state agency tracks or reports on cases
• Patients and physicians must navigate significant uncertainty without regulatory guidance
• Organizations like Compassion & Choices may be able to connect patients with willing providers

Key Resources

• Compassion & Choices — compassionandchoices.org
• Baxter v. Montana, 2009 MT 449 (Montana Supreme Court)
• Montana Medical Association

Legal Contacts

• Compassion & Choices — Montana — Monitors the legal situation in Montana and provides guidance for patients and physicians seeking to understand their protections under Baxter v. Montana (2009). compassionandchoices.org
• Montana Department of Justice — Official source for information on the scope and limits of the 2009 Supreme Court ruling. The ruling protects physicians from prosecution but does not create a statutory right — consult an attorney for the current legal position.
• Death with Dignity National Center — Tracks Montana legislative developments and provides national advocacy resources. deathwithdignity.org

Medical Contacts

• Montana Medical Association — Professional body for Montana physicians; consult for current ethical guidance and the state of medical-board policy on MAID participation.
• American Academy of Hospice and Palliative Medicine (AAHPM) — National resource; can help identify physicians in Montana who are willing to discuss MAID under the Baxter protections. aahpm.org
• Your Attending Physician — Because Montana has no formal statute, access depends entirely on the willingness of individual physicians. Compassion & Choices can assist in finding willing providers.

Important: Montana's legal protections derive from case law, not statute, and may be subject to change. Consult a Montana attorney for current legal advice before taking any action.