Many people have strong beliefs about whether a person should have the right to die when they choose—to end a person’s own perceived pain and suffering, especially when they are terminally ill. These beliefs are often rooted in religion, morals, ethics, law (government-made and natural), and spirituality. Depending on a person’s beliefs or point of view, the issue and related laws may also be referred to as death with dignity, assisted suicide, aid in dying, physician assisted suicide, euthanasia, end of life options, and patient choice and control at the end of life.

Currently eight states and the District of Columbia (Washington, D.C.) have laws (statutes) that permit persons to choose when to end their lives under certain circumstances. These states include (1) California, (2) Colorado, (3) Hawaii, (4) Maine, (5) New Jersey, (6) Oregon, (7) Vermont, and (8) Washington. And although the state of Montana does not have such a statute its supreme court has ruled that nothing in the state’s law prohibits a physician from honoring a terminally ill but mentally competent patient’s request to prescribe medication to expedite the patient’s death. In states without such laws a physician or other person’s act of assisting a person with suicide is generally subject to criminal prosecution for murder or other criminal charges.

In Montana, while there is no specific statute that authorizes physician-assisted suicide, the Montana Supreme Court, in the case of Baxter v. Montana (2009), determined that nothing in Montana state law explicitly prohibits a physician from prescribing medication to a mentally competent, terminally ill patient for the purpose of hastening the patient's death. As a result, physician-assisted death is not illegal in Montana, provided that it is conducted under the guidelines established by the court's decision. This legal situation is distinct from the explicit statutes in place in other states that affirmatively permit physician-assisted death under certain conditions. It is important for individuals and their families to consult with an attorney to understand the current legal landscape and ensure that any end-of-life decisions comply with Montana law.