Mont. Code Ann. § 50-20-901 — MT Code / Title 50 / Chapter 20 / Part 9 / Section 50-20-901
50-20-901 Definitions
Status: in_force

50-20-901 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Abortion clinic" means a facility that:

(i) performs surgical abortion procedures; or

(ii) provides an abortion-inducing drug.

(b) The term does not include:

(i) a hospital as defined in 50-5-101 ;

(ii) a critical access hospital as defined in 50-5-101 ;

(iii) a rural emergency hospital as defined in 50-5-101 ;

(iv) an outpatient center for surgical services as defined in 50-5-101 ; or

(v) a facility that provides, prescribes, administers, or dispenses an abortion-inducing drug to fewer than five patients each year.

(2) (a) "Abortion-inducing drug" means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman.

(b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion.

(c) The term does not include the use of drugs that may be known to cause an abortion if the drugs are prescribed for a medical indication other than abortion.

(3) "Affiliate" means an organization that directly or indirectly:

(a) owns or controls another organization;

(b) is owned or controlled, in whole or in part, by another organization;

(c) is related by shareholdings or other means of control to another organization;

(d) is a parent or subsidiary of another organization; or

(e) is under common control with another organization.

(4) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion in this state.
Mont. Code Ann. § 50-63-405 — MT Code / Title 50 / Chapter 63 / Part 4 / Section 50-63-405
50-63-405 Exemption of insurer from liability
Status: in_force

50-63-405 . Exemption of insurer from liability. In the absence of fraud or bad faith, the insurer or person who furnished information on its behalf is not subject to liability in any civil action for:

(1) furnishing information as required by 50-63-401 ; or

(2) notifying an appropriate agency of a fire loss as required by 50-63-402 .
Mont. Code Ann. § 50-4-1001 — MT Code / Title 50 / Chapter 4 / Part 10 / Section 50-4-1001
50-4-1001 Short title
Status: in_force

50-4-1001 . Short title. This part may be cited as the "Youth Health Protection Act".
Mont. Code Ann. § 50-5-705 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-705
50-5-705 Noninterference with powers of existing health care directives
Status: in_force

50-5-705 . Noninterference with powers of existing health care directives. (1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive.

(2) Designation as a lay caregiver by itself does not:

(a) constitute designation as a legal representative; or

(b) authorize the lay caregiver to make health care decisions on behalf of the patient.
Mont. Code Ann. § 50-71-111 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-111
50-71-111 Short title
Status: in_force

50-71-111 . Short title. This part may be cited as the "Montana Occupational Safety and Health Act".
Mont. Code Ann. § 50-10-105 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-105
50-10-105 Rulemaking authority
Status: in_force

50-10-105 . Rulemaking authority. (1) Upon the adoption of a do not resuscitate protocol by the board, the department may adopt a standard form of DNR identification to be used statewide.

(2) The department shall adopt rules to administer the provisions of this part.
Mont. Code Ann. § 50-4-720 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-720
50-4-720 Distribution of proceeds -- annual report
Status: in_force

50-4-720 . Distribution of proceeds -- annual report. (1) Except as provided in subsection (5), the proceeds of a conversion transaction that are public assets must be distributed to an existing or new foundation or other nonprofit organization to be held in a trust that meets the following requirements:

(a) The foundation or nonprofit organization shall operate pursuant to 26 U.S.C. 501(c)(3) or 501(c)(4), and regardless of whether the foundation is classified as a private foundation under 26 U.S.C. 509, the foundation or nonprofit organization shall operate in accordance with the restrictions and limitations that apply to private foundations in 26 U.S.C. 4941 through 4945.

(b) The foundation or nonprofit organization must have a mission statement that is as close as possible to the mission of the converting nonprofit health entity.

(c) The foundation or nonprofit organization's assets may not be used to supplant government funds.

(d) The foundation or nonprofit organization may not be an agent or instrumentality of the government.

(e) The foundation or nonprofit organization and its directors, officers, and staff must be and shall remain independent of the parties to the conversion transaction and their affiliates. A person who is an officer, director, or staff member of a nonprofit health entity submitting a conversion plan at the time that the plan is submitted or at the time of the conversion transaction or within 5 years after the conversion may not be an officer, director, or staff member of the foundation. A director, officer, agent, or employee of the nonprofit health entity submitting the plan or the foundation receiving the charitable assets may not benefit directly or indirectly from the transaction. Public officials, elected or appointed, may not serve as an officer, director, or staff member of the foundation or nonprofit organization.

(f) A foundation or nonprofit organization must have or shall establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting:

(i) any party to the conversion transaction or members of the board of directors and management of a party to the conversion transaction; or

(ii) the foundation or nonprofit organization's board of trustees, directors, agents, or employees.

(g) Boards of trustees or directors of the foundation or nonprofit organization shall reflect the geographic, ethnic, gender, age, socioeconomic, and other factors that the board considers to represent the diversity of the nonprofit health entity applicant's service area. In addition, trustees or directors must have the following qualifications and qualities:

(i) interest in and concern for the foundation or nonprofit organization and its mission;

(ii) objectivity and impartiality;

(iii) willingness and ability to commit time and thought to the foundation or nonprofit organization's affairs; and

(iv) commitment to the foundation or nonprofit organization as a whole and not to a special interest.

(h) Boards of trustees or directors must include persons with special knowledge, expertise, and skills in investments and asset management, finance, and nonprofit administration.

(2) A foundation or nonprofit organization that receives a distribution of public assets shall submit an annual report to the commissioner and to the attorney general regarding the award of grants and other charitable activities of the entity related to its use of the public assets received.

(3) The annual report submitted under subsection (2) must be made available to the public at the principal office of the foundation or nonprofit organization.

(4) The attorney general shall retain oversight and monitoring authority over the foundation or nonprofit organization that receives the proceeds of a proposed conversion transaction.

(5) Notwithstanding any other provision of this section, the proceeds of a conversion transaction that are public assets of a nonprofit mutual benefit corporation in which all of the members are nonprofit public benefit corporations may be distributed to the member nonprofit public benefit corporations if the articles of incorporation of the nonprofit mutual benefit corporation provide for that distribution.
Mont. Code Ann. § 50-73-206 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-206
50-73-206 Maps to be updated on basis of semiannual surveys
Status: in_force

50-73-206 . Maps to be updated on basis of semiannual surveys. An extension of the last preceding survey of every mine in active operation shall be made once every 6 months, and the result of the survey, with the date, must be promptly and accurately entered upon the original maps to show all changes in plan or new work in the mine and all extensions of the workings to the most advanced boundary of the workings that have been made since the preceding survey.
Mont. Code Ann. § 50-4-1204 — MT Code / Title 50 / Chapter 4 / Part 12 / Section 50-4-1204
50-4-1204 Remedies
Status: in_force

50-4-1204 . Remedies. (1) An individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that:

(a) provided the other individual permission to use a restroom or changing room designated for the opposite sex; or

(b) failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.

(2) An individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity.

(3) (a) All civil actions brought pursuant to this section must be initiated within 2 years after the violation occurred.

(b) An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity.
Mont. Code Ann. § 50-4-512 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-512
50-4-512 Disclosures required of health care providers
Status: in_force

50-4-512 . Disclosures required of health care providers. (1) Upon request of a patient or a patient's agent, a health care provider, outpatient center for surgical services, clinic, or hospital shall provide the patient or the patient's agent with its estimated charge for a health care service or course of treatment that exceeds $500. The estimate must be provided for a service that a patient is receiving or has been recommended to receive. The estimate must be provided at the time the service is scheduled or within 10 business days of the patient's or agent's request.

(2) The patient or patient's agent may request that the information required under this section be provided in writing or electronically.

(3) The estimated charge:

(a) must represent a good faith effort to provide accurate information to the patient or the patient's agent;

(b) is not a binding contract upon the parties; and

(c) is not a guarantee that the estimated amount will be the charged amount or will account for unforeseen conditions.
Mont. Code Ann. § 50-32-608 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-608
50-32-608 Professional conduct -- immunity
Status: in_force

50-32-608 . Professional conduct -- immunity. (1) A prescription issued pursuant to 50-32-604 or 50-32-605 is considered to have been issued for a legitimate medical purpose in the usual course of a professional practice.

(2) Except for injury or damages arising from gross negligence, willful or wanton misconduct, or an intentional tort:

(a) a medical practitioner or licensed pharmacist may not be subject to disciplinary action or civil or criminal liability for injury resulting from the prescribing or dispensing of an opioid antagonist, including an expired opioid antagonist, pursuant to 50-32-604 through 50-32-606 to an eligible recipient; and

(b) an eligible recipient may not be subject to disciplinary action or civil or criminal liability for injury resulting from distributing an opioid antagonist pursuant to 50-32-606 and 50-32-607 .

(3) A medical practitioner, eligible recipient, emergency care provider, or other person is not liable and may not be subject to disciplinary action as a result of any injury arising from the administration of an opioid antagonist, including an expired opioid antagonist, to another person whom the medical practitioner, eligible recipient, emergency care provider, or other person believes in good faith to be suffering from an opioid-related drug overdose, unless the injury arises from an act or omission that is the result of gross negligence, willful or wanton misconduct, or an intentional tort.

(4) The provisions of 50-32-601 through 50-32-607 do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, distribute, or administer an opioid antagonist.
Mont. Code Ann. § 50-71-128 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-128
50-71-128 Occupational safety and health administration fund
Status: in_force

50-71-128 . Occupational safety and health administration fund. (1) (a) An occupational safety and health administration fund is established, out of which are to be paid upon lawful appropriation all costs incurred by the department on or after July 1, 2016, in administering Title 50, chapters 71, 72, and 73.

(b) The department shall collect and deposit in the state treasury to the credit of the occupational safety and health administration fund:

(i) all penalties assessed under 50-71-119 ;

(ii) all expenses recovered under 50-72-106 and 50-73-107 ;

(iii) all fees paid by an assessment on paid losses, plus administrative fines and interest provided by this section; and

(iv) any grants or funds from private entities or the federal government intended for use by the department in defraying occupational safety and health costs.

(2) For the purposes of this section, the term "paid losses" has the meaning provided in 39-71-201 .

(3) Each plan No. 1 employer, plan No. 2 insurer subject to the provisions of this section, and plan No. 3, the state fund, shall file annually on March 1 in the form and containing the information required by the department a report of paid losses.

(4) Each employer enrolled under compensation plan No. 1, compensation plan No. 2, or compensation plan No. 3, the state fund, shall pay its proportionate share, as determined by the paid losses in the preceding calendar year, of all costs appropriated for the next fiscal year for the purposes of administering Title 50, chapters 71, 72, and 73.

(5) (a) Each employer enrolled under compensation plan No. 1 shall pay an assessment to fund administrative and regulatory costs. The assessment may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of the plan No. 1 employer. Any entity, other than the department, that assumes the obligations of an employer enrolled under compensation plan No. 1 is considered to be the employer for the purposes of this section.

(b) An employer formerly enrolled under compensation plan No. 1 shall pay an assessment to fund administrative and regulatory costs. The assessment may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of the employer for claims arising out of the time when the employer was enrolled under compensation plan No. 1.

(c) By April 30 of each year, the department shall notify employers described in subsections (5)(a) and (5)(b) of the percentage of the assessment that comprises the compensation plan No. 1 proportionate share of administrative and regulatory costs. The assessment provided for by this subsection (5) must be paid by the employer in:

(i) one installment due on July 1; or

(ii) two equal installments due on July 1 and December 31 of each year.

(d) If an employer fails to timely pay to the department the assessment under this section, the department may impose on the employer an administrative fine of $500 plus interest on the delinquent amount at the annual interest rate of 12%. Administrative fines and interest must be deposited in the occupational safety and health administration fund.

(6) (a) Each employer insured under compensation plan No. 2 or plan No. 3, the state fund, shall pay a premium surcharge to fund administrative and regulatory costs. The premium surcharge must be collected by each plan No. 2 insurer and by plan No. 3, the state fund, from each employer that it insures. The premium surcharge must be stated as a separate cost on an insured employer's policy or on a separate document submitted to the insured employer and must be identified as "occupational safety and health regulatory assessment surcharge". The premium surcharge must be excluded from the definition of premiums for all purposes, including computation of insurance producers' commissions or premium taxes. However, an insurer may cancel a workers' compensation policy for nonpayment of the premium surcharge. When collected, assessments may not constitute an element of loss for the purpose of establishing rates for workers' compensation insurance but, for the purpose of collection, must be treated as a separate cost imposed on insured employers.

(b) (i) The amount to be funded by the premium surcharge may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of all plan No. 2 insurers and may be up to 2% of paid losses for claims arising on or after July 1, 1990, for plan No. 3, the state fund, plus or minus any adjustments as provided by subsection (6)(f).

(ii) The amount determined under subsection (6)(b)(i) must be divided by the total premium paid by all employers enrolled under compensation plan No. 2 or plan No. 3, the state fund, during the preceding calendar year.

(iii) A single premium surcharge rate, applicable to all employers enrolled in compensation plan No. 2 or plan No. 3, the state fund, must be calculated annually by the department by not later than April 30. The resulting rate, expressed as a percentage, is levied against the premium paid by each employer enrolled under compensation plan No. 2 or plan No. 3, the state fund, in the next fiscal year.

(c) On or before April 30 of each year, the department, in consultation with the advisory organization designated pursuant to 33-16-1023 , shall notify plan No. 2 insurers and plan No. 3, the state fund, of the premium surcharge percentage to be effective for policies written or renewed annually on and after July 1 of that year.

(d) The premium surcharge must be paid whenever the employer pays a premium to the insurer. Each insurer shall collect the premium surcharge levied against every employer that it insures. Each insurer shall pay to the department all money collected as a premium surcharge within 20 days of the end of the calendar quarter in which the money was collected. If an insurer fails to timely pay to the department the premium surcharge collected under this section, the department may impose on the insurer an administrative fine of $500 plus interest on the delinquent amount at the annual interest rate of 12%. Administrative fines and interest must be deposited in the occupational safety and health administration fund.

(e) If an employer fails to remit to an insurer the total amount due for the premium and premium surcharge, the amount received by the insurer must be applied to the premium surcharge first and the remaining amount applied to the premium due.

(f) The amount actually collected as a premium surcharge in a given year must be compared to the assessment on the paid losses paid in the preceding year. Any excess amount collected must be deducted from the amount to be collected as a premium surcharge in the following year. The amount collected that is less than the assessed amount must be added to the amount to be collected as a premium surcharge in the following year.

(7) By July 1, an insurer under compensation plan No. 2 that paid benefits in the preceding calendar year but that will not collect any premium for coverage in the following fiscal year shall pay an assessment of up to 2% of the paid losses that were paid in the preceding calendar year. The department shall determine and notify the insurer by April 30 of each year of the amount that is due by July 1.

(8) The department shall deposit all funds received pursuant to this section in the state treasury, as provided in this section.

(9) The administration fund must be debited with expenses incurred by the department in the general administration of the provisions of Title 50, chapters 71, 72, and 73, including the salaries of its members, officers, and employees and the travel expenses of the members, officers, and employees, as provided for in 2-18-501 through 2-18-503 , incurred while on the business of the department either within or without the state.

(10) Disbursements from the administration fund must be made after being approved by the department upon claim for disbursement.

(11) The department may assess and collect the occupational safety and health regulatory assessment surcharge from uninsured employers, as defined in 39-71-501 , that fail to properly comply with the coverage requirements of the Workers' Compensation Act. Any amounts collected by the department pursuant to this subsection must be deposited in the occupational safety and health administration fund.
Mont. Code Ann. § 50-32-208 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-208
50-32-208 Prescription and medical requirements for scheduled drugs -- penalty
Status: in_force

50-32-208 . Prescription and medical requirements for scheduled drugs -- penalty. (1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner.

(b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner's oral prescription reduced promptly to writing and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of 50-32-309 . A prescription for a Schedule II drug may not be refilled.

(2) A dangerous drug included in Schedule III or IV, which is a prescription drug as determined under the federal or Montana food, drug, and cosmetic acts, may not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription may not be filled or refilled more than 6 months after the date of the prescription or be refilled more than five times unless renewed by the practitioner.

(3) A dangerous drug included in Schedule V may not be distributed or dispensed other than for a medical purpose.

(4) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction may be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both fined and imprisoned.
Mont. Code Ann. § 50-74-102 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-102
50-74-102 Boilers to conform to rules
Status: in_force

50-74-102 . Boilers to conform to rules. No boiler which does not conform to the rules adopted by the department governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules under this chapter pertaining to new construction and installation shall have become effective unless the boiler is of special design or construction, is not covered by the rules, or is in any way inconsistent with such rules, in which case a special installation and operating permit may be granted by the department at its discretion.
Mont. Code Ann. § 50-51-402 — MT Code / Title 50 / Chapter 51 / Part 4 / Section 50-51-402
50-51-402 Injunctions
Status: in_force

50-51-402 . Injunctions. The department or a local board of health may petition the district court to enjoin any action in violation of this chapter or of a rule adopted by the department pursuant to this chapter.
Mont. Code Ann. § 50-16-1015 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1015
50-16-1015 Prenatal HIV screening
Status: in_force

50-16-1015 . Prenatal HIV screening. (1) Screening for HIV-related conditions must be considered routine and must be incorporated into the pregnant patient's general informed consent for medical care on the same basis as other routine prenatal screening and diagnostic tests.

(2) Screening for HIV-related conditions in pregnant patients must be voluntary and undertaken with the patient's knowledge and understanding that HIV diagnostic testing is planned.

(3) Pregnant patients must be informed orally or in writing that HIV diagnostic testing will be performed.

(4) If a pregnant patient declines an HIV diagnostic test, this decision must be documented in the patient's medical record.

(5) Physicians and other health care providers licensed to provide prenatal care to pregnant women may:

(a) offer an HIV diagnostic test in the third trimester to pregnant women who were not tested earlier in the pregnancy; and

(b) offer a repeat HIV diagnostic test in the third trimester of pregnancy, preferably before 36 weeks of gestation, to each of their pregnant patients at high risk for acquiring HIV-related conditions.
Mont. Code Ann. § 50-4-710 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-710
50-4-710 Public hearing
Status: in_force

50-4-710 . Public hearing. (1) As soon as practicable, but no later than 90 days after receiving a complete application for a conversion transaction, including all necessary expert reports, the commissioner or a designee shall hold a public hearing.

(2) Any person may file written comments and exhibits or make a statement at the public hearing.
Mont. Code Ann. § 50-31-301 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-301
50-31-301 Definitions
Status: in_force

50-31-301 . Definitions. As used in this part, the following definitions apply:

(1) "Antibiotic drug" means any drug intended for use by humans containing any quantity of any chemical substance that is produced by a microorganism and that has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of such a substance).

(2) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, marks or monograms unique to the manufacturer or distributor of the drug, or both.

(3) "Distributor" means a person who distributes for resale a drug in solid dosage form under the person's own label whether or not the person is the manufacturer of the drug.

(4) "Established name", with respect to a drug or ingredient of the drug, means:

(a) the applicable official name designated pursuant to section 508 of the federal act (21 U.S.C. 358);

(b) if there is no official name and the drug or the ingredient is an article recognized in an official compendium, then the official title of the drug or ingredient in the compendium. If this subsection (4)(b) applies to an article recognized in the United States Pharmacopoeia, the official title used in the United States Pharmacopoeia applies.

(c) if neither subsection (4)(a) nor (4)(b) applies, then the common or usual name, if any, of the drug or of the ingredient.

(5) "Legend drug" means any drug defined by section 503(b) of the federal act (21 U.S.C. 353(b)), as amended on January 15, 1980, under which its label is required to bear the statement: "Caution: Federal law prohibits dispensing without prescription."

(6) "Manufacturer" means a person who mixed the final ingredients and prepared the final drug product.

(7) "Solid dosage form" means capsules or tablets intended for oral use.
Mont. Code Ann. § 50-5-250 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-250
50-5-250 Licensure of experimental treatment centers -- fees -- rulemaking
Status: in_force

50-5-250 . Licensure of experimental treatment centers -- fees -- rulemaking. (1) (a) The department shall adopt procedures for licensing experimental treatment centers. A person may not operate an experimental treatment center without a license. The application for a license must include:

(i) the name and address of the applicant;

(ii) the location of the experimental treatment center;

(iii) the name of the person or persons who will manage or supervise the experimental treatment center;

(iv) how the experimental treatment center will fulfill the health freedom and access requirement provided in 50-5-251 ; and

(v) other information required by the department by rule.

(b) The department shall approve or deny the application within 90 calendar days after receiving a complete application.

(2) The department shall adopt administrative rules for licensure, including but not limited to rules establishing:

(a) minimum operational standards;

(b) the creation of written policies and procedures;

(c) oversight mechanisms;

(d) facility inspections;

(e) facility safety standards; and

(f) data collection and quality assurance systems, including outcome monitoring and adverse event reporting.

(3) (a) The fee to process an application for an experimental treatment center is $10,000 to assist with administrative processing costs.

(b) The annual renewal fee is $5,000.
Mont. Code Ann. § 50-52-106 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-106
50-52-106 Injunction
Status: in_force

50-52-106 . Injunction. The department or a local board of health may petition the district court to enjoin any action in violation of this chapter or of a rule adopted by the department pursuant to this chapter.
Mont. Code Ann. § 50-51-206 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-206
50-51-206 License not transferable
Status: in_force

50-51-206 . License not transferable. Such license shall not be transferable or be applicable to any premises other than that for which originally issued.
Mont. Code Ann. § 50-51-104 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-104
50-51-104 Cooperative agreements authorized
Status: in_force

50-51-104 . Cooperative agreements authorized. The department is hereby authorized to enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this chapter or any part thereof.
Mont. Code Ann. § 50-18-110 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-110
50-18-110 Unlawful dispensing of drugs for cure or alleviation of sexually transmitted disease
Status: in_force

50-18-110 . Unlawful dispensing of drugs for cure or alleviation of sexually transmitted disease. It is unlawful to prescribe, sell, or recommend any drugs, medicines, or other substances for the cure or alleviation of a sexually transmitted disease except upon prescription signed by a person legally authorized to do so by the pharmacy laws of this state.
Mont. Code Ann. § 50-31-102 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-102
50-31-102 Applicability of chapter
Status: in_force

50-31-102 . Applicability of chapter. The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of these articles for sale; the sale, dispensing, and giving of these articles; and the supplying or applying of these articles in the conduct of a food, drug, or cosmetic establishment.
Mont. Code Ann. § 50-73-101 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-101
50-73-101 Short title
Status: in_force

50-73-101 . Short title. This chapter shall be known and may be cited as the "Montana Coal Mining Code".
Mont. Code Ann. § 50-5-234 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-234
50-5-234 Designation as rural emergency hospital -- requirements -- rulemaking
Status: in_force

50-5-234 . Designation as rural emergency hospital -- requirements -- rulemaking. (1) The department may designate as a rural emergency hospital a facility that operates for the purpose of providing emergency department services, observation care, and outpatient services and in which the annual per patient average length of stay does not exceed 24 hours. The designation is available to a facility that, as of December 27, 2020, was licensed as:

(a) a critical access hospital; or

(b) a hospital with 50 or fewer beds if the hospital is:

(i) located in a county in a rural area as defined in the federal Social Security Act, 42 U.S.C. 1395ww(d)(2)(D); or

(ii) deemed as being located in a rural area pursuant to the federal Social Security Act, 42 U.S.C. 1395ww(d)(8)(E).

(2) A hospital seeking rural emergency hospital designation:

(a) shall maintain a 24-hour emergency department that:

(i) provides emergency and observation care;

(ii) is open 7 days a week; and

(iii) is staffed with a physician, an advanced practice registered nurse certified as a nurse practitioner or clinical nurse specialist, or a physician assistant;

(b) must have:

(i) a transfer agreement in effect with a hospital that is designated by the department pursuant to 50-6-410 as, at a minimum, a regional trauma center; and

(ii) any other transfer agreement necessary for patient care;

(c) shall provide laboratory services; and

(d) shall provide pharmacy services or maintain a drug storage area.

(3) A rural emergency hospital may:

(a) provide outpatient services as allowed by the department by rule, in accordance with federal regulations governing rural emergency hospitals; and

(b) own and operate an entity that provides ambulance services.

(4) A rural emergency hospital may not have inpatient beds unless the hospital has a unit that is a distinct part of the hospital and is licensed as a skilled nursing facility to provide extended posthospital care.

(5) A facility that applies for a rural emergency hospital designation shall include with its application:

(a) an action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services the facility will retain, modify, add, and discontinue;

(b) a description of services that the facility intends to provide on an outpatient basis; and

(c) other information as required by the department by rule.

(6) A hospital or critical access hospital that applies for the designation and elects to operate as a rural emergency hospital may later transition back to its original license as a hospital or critical access hospital.

(7) Before approving an application under this section, the department shall adopt rules necessary to implement this section, including but not limited to:

(a) licensure standards that satisfy the requirement for reimbursement by federal health care programs as a rural emergency hospital;

(b) procedures for applying for and receiving designation as a rural emergency hospital; and

(c) services the facility may provide on an outpatient basis, in accordance with federal regulations governing rural emergency hospital designation.
Mont. Code Ann. § 50-53-105 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-105
50-53-105 Publication of inspection reports
Status: in_force

50-53-105 . Publication of inspection reports. The department may publish reports of inspections authorized by 50-53-104 (1).
Mont. Code Ann. § 50-32-601 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-601
50-32-601 Short title
Status: in_force

50-32-601 . Short title. This part may be cited as the "Help Save Lives From Overdose Act".
Mont. Code Ann. § 50-50-202 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-202
50-50-202 Exemptions from license requirement
Status: in_force

50-50-202 . Exemptions from license requirement. (1) A retail food establishment owned or operated by the state or a political subdivision of the state, if that political subdivision employs a full-time sanitarian, is exempt from licensure under this chapter but shall comply with the requirements of this chapter and rules adopted by the department under this chapter. A retail food establishment under this subsection may be operated by but is not limited to a county jail, a local government-owned health care facility, a school, a state prison, or a state university.

(2) A person who exchanges foods in a nonmonetary transaction is exempt from permitting, licensure, and registration.
Mont. Code Ann. § 50-62-107 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-107
50-62-107 Proceedings on failure to comply with order
Status: in_force

50-62-107 . Proceedings on failure to comply with order. (1) If the owner or other party in interest shall fail to comply with the order of condemnation of a building or structure within the time fixed by the court in case a trial is had therein, then the department of justice or any other officer authorized in 50-62-101 may proceed to cause such building or structure to be altered, repaired, or demolished in accordance with the directions contained in such order.

(2) Where a building or structure is demolished in accordance with such order, the department or any other officer authorized in 50-62-101 may sell or dispose of the salvaged materials therefrom at public auction upon 5 days' posted notice. The department or other officer shall keep an accurate account of the expenses incurred in carrying out the order and shall credit thereon the proceeds of such salvage sale, if any, and shall report thereon with a statement of said expenses or the balance thereof, the expense incurred, and the amount, if any, received from such salvage sale to the court for approval and allowance. The court shall examine, correct if necessary, and allow said expense account, and said amount so allowed shall constitute a lien against the real estate on which said building or structure is or was situated. If the amount thereof is not paid by the owner or other party in interest within 3 months after the account has been examined and approved by the court, the real estate upon which said building or structure is or was situated shall be sold under proper order of court by the sheriff of the county in which the same is situated in the manner provided by law for the sale of real estate upon execution, and the proceeds of said sale shall be paid into the treasury of the governmental unit which incurred the expenses. If the amount received as salvage or on sale shall exceed the expense incurred by the governmental unit, the court shall direct the payment of the surplus to those parties with encumbrances, mortgages, or liens on the real estate in order of their priority and any surplus thereafter to the owner or the payment of the same into court for their use and benefit.
Mont. Code Ann. § 50-2-108 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-108
50-2-108 Financing of local boards -- inspection fund
Status: in_force

50-2-108 . Financing of local boards -- inspection fund. (1) Local boards are financed by general fund appropriations, special levy appropriations, state and federal funds available, and contributions from school boards and other official and nonofficial agencies.

(2) There is within the state special revenue fund a local board inspection fund account.
Mont. Code Ann. § 50-72-203 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-203
50-72-203 Inspectors and investigators to have free access to mines
Status: in_force

50-72-203 . Inspectors and investigators to have free access to mines. For the purpose of making any inspection or investigation authorized by this chapter, authorized representatives of the department shall have the right of entry to, upon, or through any mine which is subject to this chapter.
Mont. Code Ann. § 50-20-1004 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1004
50-20-1004 Reporting -- forms
Status: in_force

50-20-1004 . (Effective on occurrence of contingency) Reporting -- forms. (1) If a physician or physician assistant performs a dismemberment abortion procedure because of a medical emergency, the physician or the physician assistant shall, within 15 days, file with the department on a form supplied by the department a report containing the following information:

(a) the date the procedure was performed;

(b) the probable gestational age of the unborn human being and the method used to calculate gestational age;

(c) a statement declaring that the procedure was necessary because of a medical emergency;

(d) the specific medical indications supporting the determination that a medical emergency existed; and

(e) the physician's or the physician assistant's attestation under oath that the information stated on the form is true and correct to the best of the person's knowledge.

(2) Reports required by and submitted pursuant to this section may not contain the name of the pregnant woman on whom the dismemberment abortion procedure was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, the woman who underwent the procedure.
Mont. Code Ann. § 50-53-207 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-207
50-53-207 Refusal of health officer to validate -- appeal to board
Status: in_force

50-53-207 . Refusal of health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department under part 1 and this part only if the officer determines that the license applicant has not met the requirements for the issuance of a license under part 1, this part, and department rules. If the local health officer refuses to validate a license, the officer shall notify the license applicant and the department of the refusal within 5 days of the officer's decision. The notice must state the grounds for the refusal.

(2) The license applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the officer and the board within 30 days of the officer's refusal or within 30 days of the expiration of the period for the officer's decision under 50-53-206 , whichever is first.

(3) Upon filing the notice of appeal, the license applicant is entitled to a hearing before the board to determine the applicant's eligibility for a license under part 1, this part, and department rules. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the board finds that the applicant is entitled to a validated license, the presiding officer of the board shall validate the license by signing the license.
Mont. Code Ann. § 50-6-410 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-410
50-6-410 Department designation of trauma facility -- revocation of designation -- appeal
Status: in_force

50-6-410 . Department designation of trauma facility -- revocation of designation -- appeal. (1) In order to be designated as a trauma facility, a health care facility shall submit to the department an application, on a form specified by the department, that provides the information required by department rule.

(2) Upon receipt of a completed application for designation as a trauma facility, the department shall review the application for compliance with standards adopted by the department for designation of trauma care facilities. If the facility meets the standards adopted by the department, the department shall designate the facility as a trauma care facility, specifying the level of trauma care determined by the department to be appropriate for the facility.

(3) The department may revoke a designation as a trauma care facility if the facility no longer meets the requirements for designation or otherwise violates a department standard required to maintain designation.

(4) The department shall notify the applicant in writing of the department's decision to approve, deny, or revoke a health care facility's designation as a trauma facility.

(5) A health care facility that submitted an application pursuant to subsection (1) may appeal a department decision refusing to designate the facility, a decision designating the facility for a different level of trauma care than requested by the facility, or a decision to revoke a designation as a trauma facility. In order to appeal the decision, the health care facility shall submit a written request for a hearing to the department within 30 days after the facility receives notice of the department's decision. The hearing on the appeal must be conducted pursuant to 2-4-604 .

(6) Unless the appellant agrees to an extension of time, the department shall, within 30 days of its decision in an appeal pursuant to subsection (5), serve the appellant with written findings and conclusions that form the basis for the department's decision.
Mont. Code Ann. § 50-63-403 — MT Code / Title 50 / Chapter 63 / Part 4 / Section 50-63-403
50-63-403 Agencies to keep information confidential
Status: in_force

50-63-403 . Agencies to keep information confidential. The insured's right of individual privacy requires agencies and agency personnel receiving information furnished pursuant to 50-63-401 and 50-63-402 to hold the information in confidence unless:

(1) the insured waives the right of individual privacy; or

(2) release of the information is required pursuant to a criminal or civil proceeding.
Mont. Code Ann. § 50-40-120 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-120
50-40-120 Terminated
Status: in_force

50-40-120 . Terminated. Sec. 14, Ch. 268, L. 2005.
Mont. Code Ann. § 50-53-212 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-212
50-53-212 Administrative enforcement -- notice -- department hearing
Status: in_force

50-53-212 . Administrative enforcement -- notice -- department hearing. (1) A license may not be denied, suspended, or canceled or corrective action may not be ordered by the department unless the department delivers to the license applicant or licensee a written notice of violation that contains a written statement of the facts constituting the violation and a citation to the statute or rule of the department alleged to have been violated. Further administrative enforcement action may not be taken by the department pursuant to the notice if within 10 days after receipt of the notice, the license applicant or licensee complies with the provisions of 50-53-213 .

(2) The department may combine with any notice issued under subsection (1) an order for the suspension or cancellation of a license or for corrective action as the department finds necessary to remedy the violation evidenced in the notice. The order becomes final 10 days after service unless within that time the license applicant or licensee requests a hearing pursuant to subsection (4) or submits a corrective action plan in accordance with 50-53-213 .

(3) The department may combine with any notice or order issued under subsection (1) or (2) an order for the license applicant or licensee to appear before the department within a time specified by the department and show cause why the department should not deny, suspend, or cancel the license or otherwise order compliance with part 1, this part, and the rules of the department.

(4) A hearing request by a license applicant or licensee must be made in writing to the department and must specify the mistake in the facts or law relied on by the department. A hearing held pursuant to this section must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. Following a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.
Mont. Code Ann. § 50-71-203 — MT Code / Title 50 / Chapter 71 / Part 2 / Section 50-71-203
50-71-203 Removal of or refusal to use health and safety items prohibited
Status: in_force

50-71-203 . Removal of or refusal to use health and safety items prohibited. A person may not:

(1) remove, displace, damage, destroy, carry off, or refuse to use any health and safety device, safeguard, protective clothing, or other health and safety item furnished for use by the person's employer;

(2) interfere with the use of any required health and safety device, safeguard, protective clothing, or other health and safety item by any other person;

(3) interfere with the use of a method or process adopted for the protection of an employee in the place of employment; or

(4) fail to do any other thing reasonably necessary to protect the life, health, and safety of employees.
Mont. Code Ann. § 50-10-106 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-106
50-10-106 Penalties
Status: in_force

50-10-106 . Penalties. (1) A physician or advanced practice registered nurse who willfully fails to transfer a patient in accordance with 50-10-103 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(2) A person who purposely conceals, cancels, defaces, or obliterates the DNR identification of another without the consent of the possessor or who falsifies or forges a revocation of the DNR identification of another is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(3) A person who falsifies or forges the DNR identification of another or purposely conceals or withholds personal knowledge of a revocation of DNR identification with the intent to cause the use, withholding, or withdrawal of life-sustaining procedures is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
Mont. Code Ann. § 50-12-103 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-103
50-12-103 Availability of experimental treatments
Status: in_force

50-12-103 . Availability of experimental treatments. (1) A manufacturer, health care provider, or health care facility may make an experimental treatment available upon a patient's request.

(2) The manufacturer, health care provider, or health care facility may:

(a) provide an experimental treatment to a patient without receiving compensation; or

(b) establish payment arrangements with a patient for an experimental treatment.

(3) A manufacturer, health care provider, or health care facility is not required to make an experimental treatment available to a patient.
Mont. Code Ann. § 50-31-501 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-501
50-31-501 Prohibited acts
Status: in_force

50-31-501 . Prohibited acts. The following acts and the causing of the acts within the state of Montana are prohibited:

(1) the manufacture, sale or delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(2) the adulteration or misbranding of any food, drug, device, or cosmetic;

(3) the receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery of any food, drug, device, or cosmetic for pay or otherwise;

(4) the sale, delivery for sale, holding for sale, or offering for sale of any article in violation of 50-31-311 ;

(5) the dissemination of any false advertisement;

(6) the manufacture, sale or delivery, holding, or offering for sale of cell-cultured edible product pursuant to 50-31-511 ;

(7) the refusal to permit entry or inspection or to permit the taking of a sample, as authorized by 50-31-106 ;

(8) the giving of a guaranty or undertaking if the guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking signed by and containing the name and address of a person residing in the state of Montana and from whom the person received in good faith the food, drug, device, or cosmetic;

(9) the removal or disposal of a detained or embargoed article in violation of 50-31-509 ;

(10) the alteration, mutilation, destruction, obliteration, or commission of any other act with respect to a food, drug, device, or cosmetic or the removal, in whole or in part, of the labeling of a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

(11) forging, counterfeiting, simulating, or falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or federal act;

(12) using on the labeling of any drug or in any advertisement relating to the drug any representation or suggestion that an application with respect to the drug is effective under 50-31-311 or that the drug complies with the provisions of 50-31-311 ;

(13) in the case of a prescription drug distributed or offered for sale in this state, the failure of the manufacturer, packer, or distributor to maintain for transmittal or to transmit to any practitioner, licensed by applicable law to administer the drug and who makes written request for information as to the drug, true and correct copies of all printed matter that is required to be included in any package in which that drug is distributed or sold or other printed matter as is approved under the federal act. This subsection does not exempt any person from any labeling requirement imposed by or under other provisions of this chapter.

(14) placing or causing to be placed upon any drug, device, or container of a drug or device, with intent to defraud, the trade name, other identifying mark, or imprint of another or any likeness of the name, mark, or imprint;

(15) selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container of the drug or device with knowledge that the trade name, other identifying mark, or imprint of another or any likeness of any of the foregoing has been placed on the drug, device, or container in a manner prohibited by subsection (14);

(16) making, selling, disposing of, or causing to be made, sold, or disposed of or keeping in possession, control, or custody or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce a trade name, other identifying mark, or imprint of another or any likeness of the name, mark, or imprint upon any drug, device, or container of the drug or device;

(17) the using by any person to the person's own advantage or revealing, other than to officers or employees of the department or the courts when relevant in any judicial proceeding under this chapter, any information acquired under authority of this chapter concerning any method or process that as a trade secret is entitled to protection;

(18) the distribution in commerce of a consumer commodity if the commodity is contained in a package or if there is affixed to that commodity a label that does not conform to the provisions of this chapter and of regulations promulgated under authority of this chapter. This prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that the persons:

(a) are engaged in the packaging or labeling of the commodities; or

(b) prescribe or specify by any means the manner in which the commodities are packaged or labeled.

(19) the labeling or packaging of a food, drug, device, or cosmetic that fails to conform with the requirements of this chapter.
Mont. Code Ann. § 50-5-1102 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1102
50-5-1102 Findings and purpose
Status: in_force

50-5-1102 . Findings and purpose. (1) The legislature finds and declares that many residents of long-term care facilities are isolated from the community and lack the means to assert their rights.

(2) The purpose of this part is to:

(a) establish and recognize the fundamental civil and human rights to which residents of long-term care facilities are entitled; and

(b) provide for the education of residents and staff regarding these rights.
Mont. Code Ann. § 50-20-902 — MT Code / Title 50 / Chapter 20 / Part 9 / Section 50-20-902
50-20-902 Licensure of abortion clinics -- application -- fee
Status: in_force

50-20-902 . Licensure of abortion clinics -- application -- fee. (1) A person may not operate or advertise the operation of an abortion clinic unless the person is licensed by the department.

(2) An applicant for licensure as an abortion clinic shall apply on a form prescribed by the department containing information requested by the department pursuant to 50-20-903 , including:

(a) an attestation that the applicant is of reputable and responsible character and is able to comply with rules adopted under 50-20-903 ;

(b) the name of the applicant;

(c) the location of the abortion clinic and the name of the person in charge of the abortion clinic;

(d) the qualifications of the applicant or of the medical practitioners employed by or to be employed by the abortion clinic to perform surgical abortion procedures or to prescribe, administer, or provide abortion-inducing drugs; and

(e) disclosures regarding:

(i) whether the applicant or an owner or affiliate of the applicant operated an abortion clinic that was closed as a direct result of patient health and safety;

(ii) whether an owner or clinic staff member has been convicted of a felony offense; and

(iii) whether an owner or clinic staff member was ever employed by a facility owned or operated by the applicant that closed because of administrative or legal action.

(3) An applicant for licensure shall include with the application copies of:

(a) administrative and legal documentation relating to information required under subsections (2)(e)(i) and (2)(e)(ii);

(b) inspection reports, if any; and

(c) violation remediation contracts, if any.
Mont. Code Ann. § 50-76-108 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-108
50-76-108 Renewal of application by rejected candidate
Status: in_force

50-76-108 . Renewal of application by rejected candidate. A person who has applied for a license under this chapter and has been rejected may renew the application for a license within the time and in the manner prescribed in 50-74-312 .
Mont. Code Ann. § 50-61-122 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-122
50-61-122 Temporary door locks -- limited exception to fire code
Status: in_force

50-61-122 . Temporary door locks -- limited exception to fire code. (1) A temporary door locking device may be used in a public building as defined in 50-60-101 to secure a door to a room that may be used during a shelter-in-place or emergency lockdown situation.

(2) A temporary door locking device may be used to secure a fire exit, hallway, corridor, or entranceway leading to a fire exit if the temporary door locking device:

(a) is used only during a shelter-in-place or emergency lockdown situation; and

(b) is approved by the local fire department, law enforcement agency, or code official that has jurisdiction over the building.

(3) As used in this section, "temporary door locking device" means a device that prevents a door from opening, provided that the device:

(a) is meant only for temporary emergency use during an active threat situation;

(b) can be engaged or removed without opening the door;

(c) can be engaged and removed from the egress side of the door without the use of a key and removed from the ingress side of the door with the use of a key or other credential;

(d) does not modify the door closer, panic hardware, or fire exit hardware;

(e) is not permanently mounted to the door assembly, although individual parts of the device assembly, including but not limited to bolts, stops, brackets, and pins that do not prevent normal function of the door, may be permanently mounted;

(f) is installed at a height not to exceed 48 inches above the floor;

(g) does not affect the fire rating of the door and complies with national fire protection association fire rating standards;

(h) can be removed with a single operation when engaged;

(i) is applied only for a finite period of time during an emergency situation, including but not limited to a shelter-in-place or emergency lockdown situation or drill; and

(j) is integrated into building safety plans, drills, and training programs that include inservice training on the use of the device for building staff and first responders.
Mont. Code Ann. § 50-20-904 — MT Code / Title 50 / Chapter 20 / Part 9 / Section 50-20-904
50-20-904 Inspections
Status: in_force

50-20-904 . Inspections. In accordance with Title 50, chapter 5, the department shall inspect an abortion clinic at least once each calendar year. If the department receives a complaint involving an abortion clinic, the department may conduct additional investigations as needed.
Mont. Code Ann. § 50-31-401 — MT Code / Title 50 / Chapter 31 / Part 4 / Section 50-31-401
50-31-401 When cosmetic adulterated
Status: in_force

50-31-401 . When cosmetic adulterated. A cosmetic shall be deemed to be adulterated if:

(1) it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

(2) it consists in whole or in part of any filthy, putrid, or decomposed substance;

(3) it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;

(4) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(5) it is not a hair dye and it is or it bears or contains a color additive which is unsafe within the meaning of the federal act.
Mont. Code Ann. § 50-5-306 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-306
50-5-306 Right to hearing and appeal
Status: in_force

50-5-306 . Right to hearing and appeal. (1) An affected person may request a contested case hearing before the department under the provisions of Title 2, chapter 4, by filing a written request with the department within 30 days after receipt of the notification required in 50-5-302 (13). The written request for a hearing must include:

(a) a statement describing each finding and conclusion in the department's initial decision that will be contested at the hearing and why each finding and conclusion is objectionable or in error; and

(b) a summary of the evidence that will be submitted to contest the findings and conclusion identified in subsection (1)(a).

(2) The hearing must be limited to the issues identified under subsection (1) and any other issues identified through discovery.

(3) The public hearing must be held within 30 calendar days after the request is received unless the hearings examiner extends the time limit for good cause.

(4) The department shall make its final decision and serve the appellant with written findings of fact and conclusions of law in support of the decision within 30 days after the conclusion of the hearing unless the parties to the hearing agree to a different date.

(5) Any adversely affected person who was a party to the hearing may appeal the department's final decision to the district court as provided in Title 2, chapter 4, part 7.

(6) On application by a person whose proposal has been approved under the procedure provided for in 50-5-302 , a district court may order a person who requested a contested case hearing to pay the successful applicant's costs and attorney fees incurred in the hearing and on appeal, if the court determines that the reasons for requesting the contested case hearing were frivolous.

(7) The department may by rule prescribe in greater detail the hearing and appellate procedures.
Mont. Code Ann. § 50-73-209 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-209
50-73-209 Procedure when operator fails to furnish or update map
Status: in_force

50-73-209 . Procedure when operator fails to furnish or update map. When the operator of a mine neglects or refuses or fails to respond to the department's request for a copy of a map or an updated map for any cause considered unsatisfactory by the department, the department may make or cause to be made an accurate map or plan of the mine at the expense of the owner or lessee, and the cost may be recovered from the owner, lessee, or operator in the same manner as other debts by suit in the name of the state.
Mont. Code Ann. § 50-57-102 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-102
50-57-102 Definitions
Status: in_force

50-57-102 . Definitions. Unless the context clearly requires otherwise, in this chapter the following definitions apply:

(1) "Consumer" means a person who:

(a) is a member of the public;

(b) takes possession of food;

(c) is not functioning in the capacity of an operator of an establishment; and

(d) does not offer the food for resale.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Dietary supplement" means a product, other than a tobacco product, that is intended to supplement the diet and:

(a) is advertised only as a food supplement; and

(b) bears or contains one or more of the following ingredients:

(i) a vitamin;

(ii) a mineral;

(iii) an herb or other botanical substance;

(iv) an amino acid; or

(v) a dietary substance used to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract, or a combination of any ingredients described in subsections (3)(b)(i) through (3)(b)(iv).

(4) "Establishment" means a wholesale food manufacturing establishment, wholesale food salvage establishment, wholesale food warehouse, wholesale ice manufacturer, or wholesale water bottler.

(5) (a) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption. The term includes dietary supplements.

(b) The term does not include nonprescription drugs.

(6) "Local board of health" means a county, city, city-county, or district board of health.

(7) "Local health officer" means a county, city, city-county, or district health officer appointed by the local board of health or the health officer's authorized representative.

(8) "Regulatory authority" means the department, the local board of health, the local health officer, or the local sanitarian.

(9) "Retail" means the provision of food directly to the consumer.

(10) "Retail food establishment" has the meaning provided in 50-50-102 .

(11) (a) "Wholesale" means the sale or provision of food to a retail food establishment or to another person engaged in retail sales who sells or provides the food directly to the consumer.

(b) The term does not include the sale or provision of food at retail.

(12) (a) "Wholesale food manufacturing establishment" means a facility and the facility's buildings or structures used to manufacture or prepare food for human consumption at wholesale.

(b) The term does not include:

(i) milk producers' facilities, milk pasteurization facilities, or milk product manufacturing plants;

(ii) slaughterhouses, meat packing plants, or meat depots; or

(iii) producers or harvesters of raw and unprocessed farm products.

(13) "Wholesale food salvage establishment" means an entity that is engaged in reconditioning or by other means salvaging distressed food or that sells, buys, or distributes for human consumption any salvaged food. The term includes a salvage broker, a salvage operator, and a salvage warehouse.

(14) (a) "Wholesale food warehouse" means a facility used to store food or cosmetics for distribution to retailers.

(b) The term includes a frozen food plant that is used to freeze, process, or store food, including any facility used in conjunction with the frozen food plant.

(c) The term does not include a wine, beer, or soft drink warehouse that is separate from facilities where brewing or drink manufacturing occurs.

(15) (a) "Wholesale ice manufacturer" means an entity that produces ice for human consumption that is sold at wholesale in packaged form or in bulk form for food, drink, or culinary purposes.

(b) The term does not include:

(i) persons, hotels, restaurants, inns, caterers, food service contractors, or theaters that manufacture or furnish ice solely for their customers in a manner that is incidental to the production, sale, or dispensing of other goods and services; or

(ii) a retail food establishment that manufactures ice in packaged form for onsite retail sales to the consumer.

(16) (a) "Wholesale water bottler" means an entity that is engaged in the production, packaging, manufacturing, or processing of drinking water, culinary bottled water, or water otherwise processed and packaged for human consumption that is sold at wholesale.

(b) The term does not include a facility that produces, packages, manufactures, or processes drinking water, culinary bottled water, or water otherwise processed and packaged for human consumption onsite for retail sale.
Mont. Code Ann. § 50-50-403 — MT Code / Title 50 / Chapter 50 / Part 4 / Section 50-50-403
50-50-403 Liability of frozen food plant operators restricted
Status: in_force

50-50-403 . Liability of frozen food plant operators restricted. The liability for loss of food by the owner or operator of a frozen food plant that offers individual compartments to the public is limited to negligence in operation or negligence of the owner's or operator's employees.
Mont. Code Ann. § 50-15-222 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-222
50-15-222 Judicial birth facts procedure
Status: in_force

50-15-222 . Judicial birth facts procedure. (1) If the department declines to register a certificate of birth under the provisions of 50-15-204 or 50-15-221 , a petition signed and sworn to by the petitioner may be filed with the district court, seeking an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.

(2) The petition must be made on a form adopted or approved by the department and must allege:

(a) that the person for whom a certificate of birth is sought was born in this state;

(b) that a certificate of birth of the person cannot be found at the department or at the office of the clerk and recorder;

(c) that diligent efforts by the petitioner have failed to obtain the evidence to establish entitlement to a certificate of birth required in accordance with this chapter and rules adopted pursuant to this chapter;

(d) that the department has declined to file a certificate of birth; and

(e) other allegations as may be required by law.

(3) The petition must be accompanied by all documentary evidence that was submitted to the department in support of the applicant's registration and by a statement of the reasons why the department declined to register the certificate of birth.

(4) The district court shall fix a time and place for hearing the petition and shall give the department 30 days' notice of the hearing. The department through its authorized representative shall appear and testify as a witness in the proceeding if determined necessary by the court.

(5) If the district court finds, from the evidence presented, that the person for whom a certificate of birth is sought was born in this state, it shall make findings as to the date and place of birth, parentage, and other relevant facts and shall issue an order establishing the certificate of birth. The order must include the findings and birth data to be registered, a description of the evidence presented, and the date of the court's action.

(6) The clerk of the court shall forward the order referred to in subsection (5) to the department not later than the 10th calendar day of the month following the month in which it was entered. The order must be registered by the department and constitutes the court-ordered certificate of birth.
Mont. Code Ann. § 50-23-106 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-106
50-23-106 Injunction -- recovery of costs
Status: in_force

50-23-106 . Injunction -- recovery of costs. (1) In addition to any other remedies provided by law, the department of public health and human services or, upon the request of the department of public health and human services, an appropriate county attorney may file an action to enjoin a violation of this part or a rule adopted pursuant to it.

(2) The department of public health and human services or the county attorney, if either prevails in any action brought pursuant to subsection (1), is entitled to recover from the other party the costs, expenses, and reasonable attorney fees incurred.
Mont. Code Ann. § 50-60-201 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-201
50-60-201 Purpose of state building code
Status: in_force

50-60-201 . Purpose of state building code. The state building code must be designed to effectuate the general purposes of parts 1 through 4 and the following specific objectives and standards to:

(1) provide reasonably uniform standards and requirements for construction and construction materials consistent with accepted standards of design, engineering, and fire prevention practices;

(2) permit to the fullest extent feasible the use of modern technical methods, devices, and improvements that tend to reduce the cost of construction consistent with reasonable requirements for the health and safety of the occupants or users of buildings and, consistent with the conservation of energy, by design requirements and criteria that will result in the efficient use of energy, whether used directly or in a refined form, in buildings;

(3) eliminate restrictive, obsolete, conflicting, and unnecessary building regulations and requirements that tend to unnecessarily increase construction costs, unnecessarily prevent the use of proven new materials that have been found adequate through experience or testing, or provide unwarranted preferential treatment to types or classes of materials, products, or methods of construction;

(4) ensure that any newly constructed public buildings and certain altered public buildings are readily accessible to and usable by persons with disabilities, according to the principles applicable to accessibility to public buildings for persons with disabilities in the state building code;

(5) ensure statewide uniformity in the inspection and enforcement of exterior features of all newly constructed public buildings and certain altered public buildings, including building sites, for physical accessibility to people with disabilities;

(6) encourage efficiencies of design and insulation that enable buildings to be heated in the winter with the least possible quantities of energy and to be kept cool in the summer without air-conditioning equipment or with the least possible use of the equipment;

(7) encourage efficiencies and criteria directed toward design of building envelopes with high thermal resistance and low air leakage and toward requiring practices in the design and selection of mechanical, electrical, and illumination systems that promote the efficient use of energy;

(8) provide, to the greatest extent possible, with the advice and consent of the building codes council and the Montana chapter of the international conference of building officials, a broadly uniform system of building code interpretations for the purposes of predictability, fairness, and efficiency.
Mont. Code Ann. § 50-60-304 — MT Code / Title 50 / Chapter 60 / Part 3 / Section 50-60-304
50-60-304 Area of applicability of county, city, or town building code -- enforcement
Status: in_force

50-60-304 . Area of applicability of county, city, or town building code -- enforcement. (1) A city or town that adopts a building code under this chapter may enforce its building code only within the incorporated limits of the city or town.

(2) A county may adopt a building code under this chapter on a countywide basis unless a city or town within the county has adopted a building code. If a city or town within the county has adopted a building code, then the county may not enforce the county building code in that city or town.

(3) A county, city, or town may contract for the enforcement of its building code.
Mont. Code Ann. § 50-4-707 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-707
50-4-707 Application process -- content
Status: in_force

50-4-707 . Application process -- content. (1) A person that seeks to engage in a conversion transaction for a nonprofit health entity and the nonprofit health entity shall submit an application to the commissioner and a copy of the application to the attorney general.

(2) The application submitted under subsection (1) is in addition to any other filing required by law.

(3) An application must include:

(a) the name of the proposed transferor;

(b) the name of the proposed transferee;

(c) the names of any other parties to the conversion transaction agreement;

(d) the terms of the proposed conversion transaction, including but not limited to a description and valuation of all consideration exchanges as a part of or as a result of the conversion and the extent to which the assets proposed to be converted are public assets;

(e) a copy of the conversion transaction agreement;

(f) a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in 50-4-715 through 50-4-717 ;

(g) an independent valuation of the fair market value of the nonprofit health entity for a valuation date within 1 year prior to receipt by the nonprofit health entity or publication of a bona fide bid, offer, or letter of intent to acquire the nonprofit health entity; and

(h) an antitrust analysis prepared by an appropriate expert.
Mont. Code Ann. § 50-6-102 — MT Code / Title 50 / Chapter 6 / Part 1 / Section 50-6-102
50-6-102 Department to establish and administer program
Status: in_force

50-6-102 . Department to establish and administer program. The department of public health and human services shall establish and administer an emergency medical services program.
Mont. Code Ann. § 50-16-812 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-812
50-16-812 Method of compulsory process
Status: in_force

50-16-812 . Method of compulsory process. (1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-811 (1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-811 (1)(h), the person seeking compulsory process or discovery shall mail a notice by first-class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate required under subsection (2) of this section to the health care provider.

(2) Service of compulsory process or discovery requests upon a health care provider must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person's authorized representative, identifying at least one subsection of 50-16-811 under which compulsory process or discovery is being sought. The certification must also state, in the case of information sought under 50-16-811 (1)(b), (1)(d), or (1)(e) or in a civil proceeding under 50-16-811 (1)(h), that the requirements of subsection (1) of this section for notice have been met. A person may sign the certification only if the person reasonably believes that the subsection of 50-16-811 identified in the certification provides an appropriate basis for the use of compulsory process or discovery. Unless otherwise ordered by the court, the health care provider shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.

(3) In response to service of compulsory process or discovery requests, when authorized by law, a health care provider may deny access to the requested health care information. If access to requested health care information is denied by the health care provider, the health care provider shall submit to the court by affidavit or other reasonable means an explanation of why the health care provider believes that the information should be protected from disclosure.

(4) When access to health care information is denied, the court may order disclosure of health care information, with or without restrictions as to its use, as the court considers necessary. In deciding whether to order disclosure, the court shall consider the explanation submitted by the health care provider and any arguments presented by interested parties.

(5) A health care provider required to disclose health care information pursuant to compulsory process may charge a reasonable fee, not to exceed the fee provided for in 50-16-816 , and may deny examination or copying of the information until the fee is paid.

(6) Production of health care information under 50-16-811 and this section does not in itself constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.
Mont. Code Ann. § 50-51-213 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-213
50-51-213 Return of license for alteration or destruction
Status: in_force

50-51-213 . Return of license for alteration or destruction. On cancellation of a license or the right to operate one or more of the multiple-type establishments under the same license, the license certificate shall be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.
Mont. Code Ann. § 50-6-314 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-314
50-6-314 Authority of department to compel and take testimony
Status: in_force

50-6-314 . Authority of department to compel and take testimony. In any proceeding under this part, the department may administer oaths, issue subpoenas, summon witnesses, and take testimony of any person within the state.
Mont. Code Ann. § 50-4-1315 — MT Code / Title 50 / Chapter 4 / Part 13 / Section 50-4-1315
50-4-1315 Right of intervention
Status: in_force

50-4-1315 . Right of intervention. The legislature, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this part in the member's official capacity to intervene as a matter of right in a case in which the constitutionality of this part is challenged.
Mont. Code Ann. § 50-3-102 — MT Code / Title 50 / Chapter 3 / Part 1 / Section 50-3-102
50-3-102 Powers and duties of department regarding state fire prevention and investigation -- rules
Status: in_force

50-3-102 . Powers and duties of department regarding state fire prevention and investigation -- rules. (1) For the purpose of reducing the state's fire loss, the department shall:

(a) inspect each unit of the Montana university system and other state buildings, including state institutions, as often as duties allow, but no more frequently than once each year unless requested by the commissioner of higher education for buildings in the university system, by the department of corrections or the department of public health and human services for state institutions, or by the department of administration for all other state buildings. A copy of the inspection report for units of the university system must be given to the commissioner of higher education, a copy of the inspection report for state institutions must be given to the department of corrections and the department of public health and human services, and a copy of the inspection report for all other state buildings must be given to the department of administration. The department of justice shall advise the commissioner of higher education and the directors of the departments of corrections, public health and human services, and administration concerning fire prevention, fire protection, and public safety when it distributes the reports.

(b) inspect public, business, or industrial buildings, as provided in chapter 61, and require conformance to law and rules promulgated under the provisions of this chapter;

(c) assist local governmental fire agencies organized under Title 7, chapter 33, in fire investigations and may initiate or supervise these investigations when, in its judgment, the initiation or supervision is necessary;

(d) provide fire prevention and fire protection information to public officials and the general public;

(e) serve as the state entity primarily responsible for promoting fire safety at the state level;

(f) encourage coordination of all services and agencies in fire prevention matters to reduce duplication and fill voids in services; and

(g) establish rules concerning responsibilities and procedures to be followed when there is a threat of explosive material in a building housing state offices.

(2) The department may adopt rules necessary for safeguarding life and property from the hazards of fire and carrying into effect the fire prevention laws of this state if the rules do not conflict with building regulations adopted by the department of labor and industry.

(3) The department shall adopt rules based on nationally recognized standards necessary for safeguarding life and property from the hazards associated with the manufacture, transportation, storage, sale, and use of explosive materials.

(4) If necessary to safeguard life and property under rules promulgated pursuant to this section, the department may maintain an action to enjoin the use of all or a portion of an existing building or restrain a specific activity until there is compliance with the rules.

(5) Except for statements of witnesses given during an investigation, information that may be held in confidence under 50-63-403 , and criminal justice information subject to restrictions on dissemination in accordance with Title 44, chapter 5, all records maintained by the department must be open at all times to public inspection.
Mont. Code Ann. § 50-19-109 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-109
50-19-109 Waiver of test by court when contrary to patient's religious creed
Status: in_force

50-19-109 . Waiver of test by court when contrary to patient's religious creed. The district court within the county wherein any person affected by this part resides may waive the requirements of this part as to the person if the judge is satisfied, by affidavit or other proof, that the tests required by the part are contrary to the tenets or practices of the religious creed of which the applicant is an adherent and that the public health and welfare will not be injuriously affected thereby.
Mont. Code Ann. § 50-17-114 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-114
50-17-114 Payment of costs, expenses, and fees
Status: in_force

50-17-114 . Payment of costs, expenses, and fees. (1) Court costs, expenses, and all fees must be paid by the treasurer of the county from which a person is committed.

(2) Expenses and fees must be paid as follows:

(a) to sheriffs and their deputies, the same fees allowed for similar services in district court;

(b) to physicians, not to exceed two, fees as set by the court;

(c) to witnesses, the same fees and mileage provided for attendance in district court;

(d) to persons other than the sheriff or the sheriff's deputies who transport a person to or from a hospital or treatment location, witness fees and expenses as verified by the court.

(3) Expenses of transporting a person to a hospital or treatment location for commitment must be paid from the general fund of the county from which the person is committed.
Mont. Code Ann. § 50-60-103 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-103
50-60-103 Administration by department
Status: in_force

50-60-103 . Administration by department. The department shall administer parts 1 through 7 and for that purpose shall:

(1) issue orders necessary to effectuate the purposes of parts 1 through 7 and enforce the orders by all appropriate administrative and judicial proceedings;

(2) enter, inspect, and examine buildings or premises necessary for the proper performance of its duties under parts 1 through 7;

(3) study the operation of the state building code, local building regulations, and other laws related to the construction of buildings to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health and safety;

(4) recommend tests or require the testing and approval of materials, devices, and methods of construction to ascertain their acceptability under the requirements of the state building code and issue certification of the acceptability;

(5) appoint experts, consultants, and technical advisers for assistance and recommendations relative to the formulation and adoption of the state building code;

(6) advise, consult, and cooperate with other agencies of the state, local governments, industries, and interested persons or groups; and

(7) consult with the building codes council, established in 50-60-115 , on all rules and interpretations of building code provisions and on the checklist for the examination of single-family dwelling construction plans provided for in 50-60-118 .
Mont. Code Ann. § 50-19-311 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-311
50-19-311 MIAMI project
Status: in_force

50-19-311 . MIAMI project. (1) There is a MIAMI project established in the department.

(2) Under the project, the department shall provide the following services:

(a) infant mortality review;

(b) morbidity review of births involving low birthweight babies;

(c) low birthweight prevention;

(d) assistance to low-income women and infants in gaining access to prenatal care, delivery, and postpartum care;

(e) referral of low-income women and children to other programs to protect the health of women and children, including:

(i) supplemental food programs for women, infants, and children;

(ii) family planning services; and

(iii) other maternal and child health programs;

(f) public education and community outreach to inform the public on:

(i) the importance of receiving early prenatal care;

(ii) the need for good health habits during pregnancy; and

(iii) the availability of special services for pregnant women and for children.
Mont. Code Ann. § 50-50-213 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-213
50-50-213 Return of license or permit for alteration or destruction
Status: in_force

50-50-213 . Return of license or permit for alteration or destruction. On cancellation of the license of a retail food establishment or the right to operate one or more of the multiple-type retail food establishments under the same license, the license certificate must be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.
Mont. Code Ann. § 50-20-106 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-106
50-20-106 Informed consent
Status: in_force

50-20-106 . Informed consent. (1) An abortion may not be performed without the informed consent of the woman upon whom the abortion is to be performed. The informed consent must be received at least 24 hours prior to the abortion and certified prior to or at the time of the abortion.

(2) Informed consent must be certified by a written statement in a form prescribed by the department and signed by the physician and the woman upon whom the abortion is to be performed in which the physician certifies that the physician has made the full disclosure provided in 50-20-104 (5) and in which the woman upon whom the abortion is to be performed acknowledges that the disclosures have been made to the woman and that the woman voluntarily consents to the abortion.

(3) If a woman chooses to review the written materials described in 50-20-304 , the materials must be provided to the woman at least 24 hours before the abortion or be mailed to the woman by certified mail, with delivery restricted to the addressee, at least 72 hours before the abortion.

(4) The information required in 50-20-104 (5)(a) may be provided by telephone without conducting a physical examination or tests of the patient. The information may be based on facts supplied to the physician by the woman and other relevant information that is reasonably available to the physician. The information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the woman and the woman is able to ask questions of the physician. If a physical examination, tests, or the availability of other information subsequently indicates, in the medical judgment of the physician, a revision of information previously provided to the patient, the revised information may be communicated to the patient at any time prior to the performance of the abortion.

(5) The information required in 50-20-104 (5)(b) may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to review the printed materials.

(6) The informed consent or consent provided for in this section is not required if a licensed physician certifies that the abortion is necessary because of a medical emergency as defined in 50-20-303 .

(7) An executive officer, administrative agency, or public employee of the state or of any local governmental body may not issue any order requiring an abortion or coerce any woman to have an abortion. A person may not coerce any woman to have an abortion.

(8) A violation of subsections (1) through (7) is a misdemeanor.
Mont. Code Ann. § 50-16-203 — MT Code / Title 50 / Chapter 16 / Part 2 / Section 50-16-203
50-16-203 Committee health care information and proceedings confidential and privileged
Status: in_force

50-16-203 . Committee health care information and proceedings confidential and privileged. All records and health care information referred to in 50-16-202 are confidential and privileged to the committee and the members of the committee as though the health care facility patients were the patients of the members of the committee. All proceedings, records, and reports of committees are confidential and privileged.
Mont. Code Ann. § 50-30-205 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-205
50-30-205 Highly toxic defined
Status: in_force

50-30-205 . Highly toxic defined. (1) "Highly toxic" means a substance that falls within any of the following categories:

(a) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams at a single dose of 50 milligrams or less per kilogram of body weight when orally administered;

(b) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams when inhaled continuously for a period of 1 hour or less at an atmosphere concentration of 200 parts per million or less by volume of gas or vapor or 2 milligrams per liter or less by volume of mist or dust if that concentration is likely to be encountered by humans when the substance is used in a reasonably foreseeable manner; or

(c) produces death within 14 days in one-half or more of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less.

(2) If the department finds that available data on human experience with a substance indicates results different from those obtained on animals in the dosages or concentrations described in subsection (1), the human data must take precedence.
Mont. Code Ann. § 50-73-403 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-403
50-73-403 Department to give notice of inspection to be made on complaint
Status: in_force

50-73-403 . Department to give notice of inspection to be made on complaint. If the department has in its possession any complaint to the effect that this chapter is being violated, it shall notify the employer and the employees that it is about to make an inspection.
Mont. Code Ann. § 50-52-104 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-104
50-52-104 County attorney to prosecute violations
Status: in_force

50-52-104 . County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.
Mont. Code Ann. § 50-15-403 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-403
50-15-403 Preparation and filing of death or fetal death certificate
Status: in_force

50-15-403 . Preparation and filing of death or fetal death certificate. (1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or, if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal death, on the parents that is required by the department from persons best qualified to supply the data and enter it on the death or fetal death certificate.

(2) The person in charge of disposition of the dead body or fetus shall present the death certificate to the certifying physician, the certifying advanced practice registered nurse, or the coroner having jurisdiction for medical certification of the cause of death. The medical certification must be completed by the physician, the advanced practice registered nurse, or the coroner within the timeframe established by the department by rule. The person in charge of disposition shall obtain the completed certification of the cause of death from the physician, the advanced practice registered nurse, or the coroner and shall, within the time that the department may prescribe by rule, file the death or fetal death certificate with the local registrar in the registration area where the death occurred or, if the place of death is unknown, where the dead body was discovered.

(3) If a dead body is found in this state but the place of death is unknown, the place where the body is found must be shown as the place of death on the death certificate. If the date of death is unknown, then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that fact.

(4) When a death occurs in a moving vehicle, as defined in 45-2-101 , in the United States and the body is first removed from the vehicle in this state, the death must be registered in this state and the place where the body is first removed is considered the place of death. When a death occurs in a moving vehicle while in international air space or in a foreign country or its air space and the body is first removed from the vehicle in this state, the death must be registered in this state, but the actual place of death, insofar as it can be determined, must be entered on the death certificate.
Mont. Code Ann. § 50-73-411 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-411
50-73-411 Miners' organization authorized to investigate fatal accident
Status: in_force

50-73-411 . Miners' organization authorized to investigate fatal accident. The representative of the miners' organization or some person delegated by the representative may enter any coal mine for the purpose of investigating the causes of a fatal accident.
Mont. Code Ann. § 50-6-504 — MT Code / Title 50 / Chapter 6 / Part 5 / Section 50-6-504
50-6-504 Enforcement -- injunction
Status: in_force

50-6-504 . Enforcement -- injunction. In the event of a violation of a provision of this part, either the county attorney for the county in which the violation occurred or the department of public health and human services may bring an action in the district court of the county where the violation occurred to directly enjoin the violation.
Mont. Code Ann. § 50-77-102 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-102
50-77-102 Temporary floors for protection of workers
Status: in_force

50-77-102 . Temporary floors for protection of workers. (1) It is the duty of an owner, person, or corporation that has the direct and immediate supervision or control of the construction or remodeling of any building having more than three framed floors, whether some or all of the floors are above or below the established street grade, to provide and lay upon the upper side of the joists or girders, or both, of the first floor below the riveters and structural steel setters a plank floor, which must be laid to form a good substantial temporary floor for the protection of employees and all persons engaged above or below or on the temporary floor in the building.

(2) If the permanent floor is in place on the floor required to be planked, a temporary protective floor may not be required.

(3) If the floor or permanent floor of the second floor, any other floor above the second floor, or the roof is being placed previous to the permanent floor immediately below the floor that is being arched or planked, a good substantial temporary floor must be laid on the joists and girders of the next lower floor.

(4) For the purpose of this section, the lowest framed floor in the building is considered the first floor.
Mont. Code Ann. § 50-63-402 — MT Code / Title 50 / Chapter 63 / Part 4 / Section 50-63-402
50-63-402 Insurer to report suspicious fires
Status: in_force

50-63-402 . Insurer to report suspicious fires. When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, it shall notify an appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, and provide the agency with all material developed from its inquiry into the fire loss.
Mont. Code Ann. § 50-43-101 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-101
50-43-101 Purpose
Status: in_force

50-43-101 . Purpose. The purpose of this part is to provide for the continuation of medication initiated by a physician for multiple sclerosis. This medication includes the substances described in this part and has been found to be effective in alleviating the symptoms of multiple sclerosis.
Mont. Code Ann. § 50-4-511 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-511
50-4-511 Legislative purpose
Status: in_force

50-4-511 . Legislative purpose. The purpose of 50-4-510 through 50-4-512 is to provide health care consumers with better information on the cost of their medical care and to introduce elements of competition into the marketplace.
Mont. Code Ann. § 50-31-201 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-201
50-31-201 Department authorized to adopt food standards
Status: in_force

50-31-201 . Department authorized to adopt food standards. (1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/or fill of container.

(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which must be named on the label.

(3) The definitions and standards must conform as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may adopt by reference the definitions and standards promulgated under authority of the federal act.

(4) The department may not adopt food standards or regulations under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 50-16-522 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-522
50-16-522 Representative of deceased patient
Status: in_force

50-16-522 . Representative of deceased patient. Except as provided in 50-19-402 , a personal representative of a deceased patient may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part may be exercised by the surviving spouse, a parent, an adult child, an adult sibling, or any other person who is authorized by law to act for the deceased patient.
Mont. Code Ann. § 50-32-606 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-606
50-32-606 Designation of patient -- instruction
Status: in_force

50-32-606 . Designation of patient -- instruction. (1) A prescription issued pursuant to 50-32-604 or 50-32-605 must designate the eligible recipient as the patient, regardless of the eligible recipient's status as an individual, organization, agency, or other entity. Except as provided in 50-32-605 , the prescription must be dispensed by a licensed pharmacy.

(2) A licensed pharmacy or medical practitioner dispensing an opioid antagonist shall provide the patient with basic instruction and information, the content of which must be developed by the department and made publicly available on the department's website, concerning recognition of the signs and symptoms of an opioid-related drug overdose, indications for the administration of an opioid antagonist, administration technique, and the need for immediate and long-term followup to the administration of the opioid antagonist, including calling 9-1-1.

(3) An eligible recipient described in 50-32-603 (5)(c) through (5)(i) who distributes an opioid antagonist pursuant to 50-32-607 shall:

(a) fulfill the basic instruction and information requirements set forth in subsection (2); and

(b) develop protocol for:

(i) instructing and training the eligible recipient's employees or other authorized personnel that is consistent with the instruction and information developed by the department under subsection (2); and

(ii) the storage, maintenance, and location of the opioid antagonist.
Mont. Code Ann. § 50-5-1403 — MT Code / Title 50 / Chapter 5 / Part 14 / Section 50-5-1403
50-5-1403 Definitions
Status: in_force

50-5-1403 . Definitions. As used in this part, the following definitions apply:

(1) "Care facility" means a hospice, hospital, or long-term care facility.

(2) "Hospice" has the meaning provided in 50-5-101 .

(3) "Hospital" means a hospital or critical access hospital as those terms are defined in 50-5-101 .

(4) "Long-term care facility" has the meaning provided in 50-5-101 .

(5) "Patient" means an individual receiving services from a care facility.
Mont. Code Ann. § 50-73-304 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-304
50-73-304 Owner to provide and maintain airways
Status: in_force

50-73-304 . Owner to provide and maintain airways. The owner, lessee, or operator of every coal mine shall provide and maintain airways of sufficient dimensions, and in no case shall the area of the aircourse be less than 25 square feet in mines operated in any underground system.
Mont. Code Ann. § 50-57-104 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-104
50-57-104 Cooperative agreements authorized
Status: in_force

50-57-104 . Cooperative agreements authorized. The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.
Mont. Code Ann. § 50-32-402 — MT Code / Title 50 / Chapter 32 / Part 4 / Section 50-32-402
50-32-402 Reports required -- exceptions
Status: in_force

50-32-402 . Reports required -- exceptions. (1) Except as provided in subsection (2), a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance regulated pursuant to 50-32-401 to a person in this state must, within 72 hours, submit a report of the transaction to the department of justice.

(2) The department may authorize the submission of the reports on a monthly basis for repeated, regular transactions between the furnisher and the recipient involving the same substance, if the department determines:

(a) a pattern of regular supply of the substance exists as between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance and the recipient of the substance; and

(b) the recipient has established a record of use of the substance for lawful purposes.
Mont. Code Ann. § 50-78-203 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-203
50-78-203 Material safety data sheets
Status: in_force

50-78-203 . Material safety data sheets. (1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical.

(2) Each employer shall maintain the most current material safety data sheet for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time a hazardous chemical is delivered to the employer, the employer shall request one in writing within 5 working days. Each employer shall maintain a copy of any correspondence sent or received by the employer in an effort to obtain a material safety data sheet for a hazardous chemical when none was provided by the chemical manufacturer or distributor.

(3) Material safety data sheets must be provided by the employer to any employee or designated representative upon request for review or copying.
Mont. Code Ann. § 50-15-223 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-223
50-15-223 Certificates of birth following adoption, legitimation, or determination or acknowledgment of paternity
Status: in_force

50-15-223 . Certificates of birth following adoption, legitimation, or determination or acknowledgment of paternity. (1) The department shall establish a new certificate of birth for a person born in this state when the department receives the following:

(a) a certificate of adoption, as provided in 50-15-311 , a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; or

(b) a request that a new certificate be established if the request shows that:

(i) a district court, court of appropriate jurisdiction in another state, or administrative agency in this state or another state with appropriate jurisdiction has determined the paternity of the person and information necessary to identify the original certificate of birth is provided; or

(ii) both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.

(2) The date of birth and the city and county of birth must be stated in the newly established certificate of birth. The department shall substitute the new certificate of birth for the original certificate of birth in the files. The original certificate of birth and the evidence of adoption, legitimation, court determination of paternity, or paternity acknowledgment are only subject to inspection, except upon order of a district court, as provided by rule, as provided in Title 42, chapter 6, part 1, or as otherwise provided by state law.

(3) Upon receipt of a report of an amended decree of adoption, the department shall amend the certificate of birth as provided in rules adopted by the department.

(4) Upon receipt of a report or decree of annulment of adoption, the department shall restore the original certificate of birth issued before the adoption to its place in the files and the certificate of birth issued upon adoption and evidence pertaining to the adoption proceeding may not be open to inspection, except:

(a) as provided in Title 42, chapter 6, part 1;

(b) upon order of a district court; or

(c) as provided by rule adopted by the department.

(5) Upon written request of both parents and receipt of a sworn acknowledgment and other credible evidence of paternity signed by both parents of a child born outside of marriage, the department shall reflect the paternity on the child's certificate of birth if paternity is not already shown on the certificate of birth.

(6) If a certificate of birth is not on file for the adopted child for whom a new certificate of birth is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings pertaining to the child, a delayed certificate of birth must be filed with the department, as provided in 50-15-204 , before a new certificate of birth may be established. The new certificate of birth must be prepared on a form prescribed by the department.

(7) When a new certificate of birth is established by the department, the department shall direct that all copies of the original certificate of birth in the custody of any other custodian of vital records in this state be forwarded immediately to the department.

(8) (a) The department shall, upon request of the adopting parents, prepare and register a certificate of birth in this state for a person who was born in a foreign country and adopted through a district court in this state.

(b) The certificate of birth must be established by the department upon receipt of a certificate of adoption, conforming to the requirements of 50-15-311 , from the court that reflects entry of an order of adoption, proof of the date and place of the child's birth, and a request for the establishment of a certificate of birth from the court, the adopting parents, or the adopted person, if the person is 18 years of age or older.

(c) The certificate of birth must be labeled "Certificate of Foreign Birth" and must contain the actual country of birth. A statement must be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it is issued.

(d) After registration of the certificate of birth in the new name of the adopted person, the department shall seal and file the certificate of adoption, which is not subject to inspection, except upon order of the district court, as provided by rule, or as otherwise provided by state law.

(9) The department may promulgate rules necessary to implement this section.
Mont. Code Ann. § 50-74-316 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-316
50-74-316 Unlawful to employ unlicensed operator
Status: in_force

50-74-316 . Unlawful to employ unlicensed operator. It shall be unlawful, except as stated in 50-74-317 , for any person, firm, or corporation to employ any person not duly licensed as an engineer within the meaning of this chapter to run or operate any of the boilers or engines subject to the provisions of this chapter.
Mont. Code Ann. § 50-4-517 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-517
50-4-517 Legislative purpose
Status: in_force

50-4-517 . Legislative purpose. The purpose of 50-4-516 through 50-4-518 is:

(1) to provide health care consumers with better information regarding the portion of their health care costs that will be paid by their health insurer and the portion that they will have to pay themselves; and

(2) to introduce elements of competition into the marketplace.
Mont. Code Ann. § 50-19-101 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-101
50-19-101 Definitions
Status: in_force

50-19-101 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Health care provider" means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license.

(3) "Standard serological test" means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department.
Mont. Code Ann. § 50-30-215 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-215
50-30-215 Declaration of hazardous substance
Status: in_force

50-30-215 . Declaration of hazardous substance. When in the judgment of the department such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the department may by rule declare to be a hazardous substance a substance or mixture of substances which the department finds meets the requirements of 50-30-201 (1)(a).
Mont. Code Ann. § 50-5-214 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-214
50-5-214 Requirements for retirement homes
Status: in_force

50-5-214 . Requirements for retirement homes. A retirement home shall offer meals or central kitchens but may not offer nursing or personal-care services to the residents, other than by a contract with a third party.
Mont. Code Ann. § 50-31-315 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-315
50-31-315 List of code imprints to be provided
Status: in_force

50-31-315 . List of code imprints to be provided. Upon request of the board of pharmacy, all manufacturers and distributors of legend drugs in solid dosage form who produce or distribute legend drugs in Montana must provide and keep current a list of those drugs, which list identifies the manufacturer and the specific type of each drug by code imprint.
Mont. Code Ann. § 50-79-410 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-410
50-79-410 State regulations no more stringent than federal regulations or guidelines
Status: in_force

50-79-410 . State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.

(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:

(a) the proposed state standard or requirement protects public health or the environment of the state; and

(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.

(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.

(b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303 (1).
Mont. Code Ann. § 50-15-202 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-202
50-15-202 Unattended birth
Status: in_force

50-15-202 . Unattended birth. (1) If a birth is unattended and neither parent is able to prepare a birth certificate, the local registrar shall:

(a) secure information from any person having knowledge of the birth;

(b) prepare and file a birth certificate;

(c) within the time prescribed by the department, file a supplementary report furnishing information omitted from the original birth certificate if additional information is received.

(2) Birth certificates completed by a supplementary report may not be considered "delayed" or "amended".
Mont. Code Ann. § 50-57-203 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-203
50-57-203 Application for license
Status: in_force

50-57-203 . Application for license. An application for a license must be made to the department on forms containing information required by the department, or the application must be made in compliance with the rules established by the board of review established in 30-16-302 .
Mont. Code Ann. § 50-5-1104 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1104
50-5-1104 Rights of long-term care facility residents
Status: in_force

50-5-1104 . Rights of long-term care facility residents. (1) The state adopts by reference for all long-term care facilities the rights for long-term care facility residents applied by the federal government to facilities that provide skilled nursing care or intermediate nursing care and participate in a medicaid or medicare program (42 U.S.C. 1395i-3(a) and 1396r(a), as implemented by regulation).

(2) In addition to the rights adopted under subsection (1), the state adopts for all residents of long-term care facilities the following rights:

(a) A resident or the resident's authorized representative must be informed by the facility at least 30 days in advance of any changes in the cost or availability of services, unless to do so is beyond the facility's control.

(b) Regardless of the source of payment, each resident or the resident's authorized representative is entitled, upon request, to receive and examine an explanation of the resident's monthly bill.

(c) Residents have the right to organize, maintain, and participate in resident advisory councils. The facility shall afford reasonable privacy and facility space for the meetings of the councils.

(d) A resident has the right to present a grievance on the resident's own behalf or that of others to the facility or the resident advisory council. The facility shall establish written procedures for receiving, handling, and informing residents or the resident advisory council of the outcome of any grievance presented.

(e) A resident has the right to ask a state agency or a resident advocate for assistance in resolving grievances, free from restraint, interference, or reprisal.

(f) During a resident's stay in a long-term care facility, the resident retains the prerogative to exercise decisionmaking rights in all aspects of the resident's health care, including placement and treatment issues such as medication, special diets, or other medical regimens.

(g) The resident's authorized representative must be notified in a prompt manner of any significant accident, unexplained absence, or significant change in the resident's health status.

(h) A resident has the right to be free from verbal, mental, and physical abuse, neglect, or financial exploitation. Facility staff shall report to the department and the long-term care ombudsman any suspected incidents of abuse under the Montana Vulnerable Adult Prevention of Abuse Act, Title 52, chapter 3, part 8.

(i) Each resident has the right to privacy in the resident's room or portion of the room. If a resident is seeking privacy in the resident's room, staff members should make reasonable efforts to make their presence known when entering the room.

(j) In case of involuntary transfer or discharge, a resident has the right to reasonable advance notice to ensure an orderly transfer or discharge. Reasonable advance notice requires at least 21 days' written notification of any interfacility transfer or discharge except in cases of emergency or for medical reasons documented in the resident's medical record by the attending physician.

(k) If clothing is provided to the resident by the facility, it must be of reasonable fit.

(l) A resident has the right to reasonable safeguards for personal possessions brought to the facility. The facility shall provide a means for safeguarding the resident's small items of value in the resident's room or in another part of the facility where the resident must have reasonable access to the items.

(m) The resident has the right to have all losses or thefts of personal possessions promptly investigated by the facility. The results of the investigation must be reported to the affected resident.

(3) The administrator of the facility shall adopt whatever additional measures are necessary to implement the residents' rights listed in subsections (1) and (2) and meet any other requirements relating to residents' health and safety that are conditions of participation in a state or federal program of medical assistance.
Mont. Code Ann. § 50-4-701 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-701
50-4-701 Definitions
Status: in_force

50-4-701 . Definitions. As used in this part, the following definitions apply:

(1) "Commissioner" means the Montana state auditor and ex officio commissioner of insurance provided for in 2-15-1903 .

(2) "Control or governance" means the possession, indirect or direct, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise unless the power is solely the result of an official position with a corporate office held by the person.

(3) (a) "Conversion" or "conversion transaction" means the sale, transfer, lease, exchange, transfer by exercise of an option, optioning, conveyance, merger, affiliation, mutualization, joint venture, or other disposition by a nonprofit health entity or another person or entity resulting in the transfer of control or governance to a person or entity other than the nonprofit health entity of the lesser of:

(i) more than 10% in fair market value of the assets or operations of a nonprofit health entity; or

(ii) assets of a nonprofit health entity amounting to a fair market value of $5 million or more.

(b) A disposition or transfer constitutes a conversion transaction regardless of whether it occurs directly or indirectly and whether it occurs in a single transaction or a series of related transactions. In determining the value of a tangible asset under this definition, the value of the asset must be calculated net of any mortgage, lien, or other encumbrance on the asset that exists of record.

(c) The term does not include:

(i) a transaction in the ordinary course of the nonprofit health entity's business that does not result in a material change in the nonprofit health entity's ownership, management structure, or nonprofit corporate mission;

(ii) a transaction or series of transactions in the ordinary course of a nonprofit health entity's business if the effect of the transaction or series of transactions is not to convert the nonprofit health entity from a nonprofit to a for-profit entity, to transfer the nonprofit health entity's business or operations to a for-profit entity, or to transfer the control or benefit of public assets and the proceeds of public assets to a mutual benefit or for-profit entity;

(iii) awards, grants, or payments to or on behalf of intended members or beneficiaries, consistent with the lawful purposes of a nonprofit health entity;

(iv) a change in the membership of the board of directors or officers of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity if the change in membership does not result in a change in the nonprofit corporate status of the nonprofit health entity, does not result from a transfer of control, governance, or ownership of the nonprofit health entity, and does not result from transfer of a power of appointment of directors or officers of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity;

(v) settlement, satisfaction, or payment of a claim or suit against or debt of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity incurred in the ordinary course of business;

(vi) execution of a promissory note, guaranty, or other evidence of indebtedness for the amount of a loan, the proceeds of which are paid solely to the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity;

(vii) any payment, transfer, or other transaction required by law or by order of any authorized administrative officer or agency, including but not limited to payment of taxes, fees, fines, penalties, or other assessments to a government or a nonprofit health entity or a transaction ordered by the commissioner or the attorney general;

(viii) purchases, sales, or transfers in the ordinary course of business for fair market value of cash or cash equivalents owned by the nonprofit health entity or any wholly owned subsidiary in exchange for goods, products, services, or an interest in property, including but not limited to stocks, shares, bonds, notes, evidences of indebtedness, negotiable instruments, or an ownership interest in an entity, to be held by the nonprofit health entity or its wholly owned subsidiary;

(ix) granting of an encumbrance in the ordinary course of business, such as a security interest or mortgage deed with respect to an asset owned by the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity to secure indebtedness for borrowed money, the net proceeds of which are paid solely to the nonprofit health entity or its wholly owned subsidiary, and a foreclosure or other exercise of remedies permitted with respect to an encumbrance;

(x) sale, investment, or transfer in the ordinary course of business for fair market value of an interest in property owned by the nonprofit health entity or a wholly owned subsidiary, the net proceeds of which are paid solely to the nonprofit health entity or its wholly owned subsidiary;

(xi) any transfer of assets between a nonprofit health entity that is a nonprofit public benefit corporation and a nonprofit mutual benefit corporation in which all of the members are nonprofit public benefit corporations, provided that the management of all assets transferred by a nonprofit public benefit corporation in a transaction described in this subsection (3)(c)(xi) continue to be managed in a manner consistent with the public benefit purpose of the transferring nonprofit public benefit corporation; or

(xii) any other transaction or proposed transaction for fair market value if:

(A) the nonprofit health entity or its wholly owned subsidiary retains or will retain substantially the same degree of control, governance, or ownership of the proceeds of the transaction that the nonprofit health entity or its wholly owned subsidiary held in the assets or operations prior to the transaction or proposed transaction;

(B) the nonprofit health entity maintains its operations as a nonprofit health entity and public assets or the proceeds of public assets are maintained as public assets; and

(C) none of the assets or operations of the nonprofit health entity or its wholly owned subsidiary inure or will inure directly or indirectly to the benefit of any officer, director, trustee, or employee of the nonprofit health entity or its wholly owned subsidiary.

(4) "Fair market value" means the fair market value as of the date of the transaction or proposed transaction as determined by an independent appraisal of the assets or operations performed and communicated by a qualified appraiser according to applicable professional appraisal standards.

(5) "Health maintenance organization" has the meaning provided in 33-31-102 .

(6) "Health service corporation" has the meaning provided in 33-30-101 .

(7) (a) "Nonprofit health entity" means:

(i) a nonprofit health maintenance organization; or

(ii) a nonprofit health service corporation.

(b) The term includes any entities affiliated with a nonprofit health entity through ownership, governance, or membership, such as a holding company or subsidiary.

(8) "Ordinary course of business" means with respect to a transaction or disposition that the transaction comports with the usual and customary practices of the kind of business in which the nonprofit health entity is engaged.

(9) "Public assets" include:

(a) assets held for the benefit of the public or the community;

(b) assets in which the public has an ownership interest;

(c) assets owned by a governmental entity; and

(d) assets owned by a nonprofit corporation to the extent that the corporation holds assets in a charitable trust.

(10) "Transferee" means the person in a conversion transaction that receives the ownership or control of the nonprofit health entity that is the subject of the conversion transaction or of the nonprofit health entity's assets.

(11) "Transferor" means the nonprofit health entity that is the subject of the conversion transaction or the corporation that owns the nonprofit health entity that is the subject of the conversion transaction.
Mont. Code Ann. § 50-5-1401 — MT Code / Title 50 / Chapter 5 / Part 14 / Section 50-5-1401
50-5-1401 Short title
Status: in_force

50-5-1401 . Short title. This part may be cited as the "Patient Visitation Rights Act".
Mont. Code Ann. § 50-4-702 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-702
50-4-702 Conversion transaction -- approval
Status: in_force

50-4-702 . Conversion transaction -- approval. A person may not engage in a conversion transaction involving a nonprofit health entity unless the commissioner and the attorney general issue orders approving the conversion transaction.
Mont. Code Ann. § 50-17-115 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-115
50-17-115 Emergency detainment -- petition -- detention
Status: in_force

50-17-115 . Emergency detainment -- petition -- detention. (1) If a physician, the department, or a local health officer reasonably believes that a person has tuberculosis and that the person is likely to attempt to leave the jurisdiction to avoid a hearing on commitment, the physician, department, or local health officer shall notify the sheriff of the county in which the person is found, who shall cause the person to be detained in a hospital. At least by the next regular business day, the physician, department, or local health officer shall petition for an order from the district court of the county in which the person is found for continued detention of the person and to require examination or treatment for tuberculosis pursuant to 50-17-105 . The sheriff must serve the summons required by 50-17-106 on the person the same day the petition is filed.

(2) Immediately after the petition is filed the court will decide whether further emergency detention is required and may order continued hospital detention of the person for no more than 7 days if it finds that the person is an unacceptable danger to the public health and safety in that the person probably has tuberculosis and unless detained will probably leave the jurisdiction to avoid a hearing pursuant to this part.

(3) The district court of the county in which the person is found has jurisdiction over the person for the purposes of this section. The district court may, in the interests of justice, order that jurisdiction over further proceedings be transferred to the district court of the county of the person's residence.
Mont. Code Ann. § 50-2-116 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-116
50-2-116 Powers and duties of local boards of health
Status: in_force

50-2-116 . Powers and duties of local boards of health. (1) Except as provided in subsection (5), in order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall:

(a) recommend to the governing body the appointment of a local health officer who is:

(i) a physician;

(ii) a person with a master's degree in public health; or

(iii) a person with equivalent education and experience, as determined by the department;

(b) elect a presiding officer and other necessary officers;

(c) adopt bylaws to govern meetings;

(d) hold regular meetings at least quarterly and hold special meetings as necessary;

(e) identify, assess, prevent, and ameliorate conditions of public health importance through:

(i) epidemiological tracking and investigation;

(ii) screening and testing;

(iii) isolation and quarantine measures;

(iv) diagnosis, treatment, and case management;

(v) abatement of public health nuisances;

(vi) inspections;

(vii) collecting and maintaining health information;

(viii) education and training of health professionals; or

(ix) other public health measures as allowed by law;

(f) protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health;

(g) supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions;

(h) bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations;

(i) identify to the department an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a full-time local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction.

(j) subject to the provisions of 50-2-130 , propose for adoption by the local governing body necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must:

(i) describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the department of environmental quality and must provide for appeal of variance decisions to the department of environmental quality as required by 75-5-305 ;

(ii) provide for an appeal to challenge whether permit requirements are more stringent than the state standards or local standards adopted in compliance with 50-2-130 . Until an appeals process is included in the regulations, the applicant or property owner may appeal to the local governing body.

(iii) for parcels created after March 30, 2011, prohibit the construction of a subsurface wastewater treatment system if the associated mixing zone would encroach onto adjacent property, except as allowed in 76-4-104 (7)(i); and

(iv) if the local board of health regulates or permits water well drilling, prohibit the drilling of a well if the well isolation zone, as defined in 76-4-102 , encroaches onto adjacent private property without the authorization of the private property owner.

(2) Local boards of health may:

(a) accept and spend funds received from a federal agency, the state, a school district, or other persons or entities;

(b) propose for adoption by the local governing body necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities;

(c) propose for adoption by the local governing body regulations that do not conflict with 50-50-126 or rules adopted by the department:

(i) for the control of communicable diseases;

(ii) for the removal of filth that might cause disease or adversely affect public health;

(iii) subject to the provisions of 50-2-130 , for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under 75-5-401 ;

(iv) subject to the provisions of 50-2-130 and Title 50, chapter 48, for tattooing and body-piercing establishments and that are not less stringent than state standards for tattooing and body-piercing establishments;

(v) for the establishment of institutional controls that have been selected or approved by the:

(A) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or

(B) department of environmental quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7; and

(vi) to implement the public health laws;

(d) adopt rules necessary to implement and enforce regulations adopted by the local governing body; and

(e) promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in this title.

(3) A local board of health may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.

(4) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403 :

(a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and

(b) may not interfere with or otherwise limit, modify, or abridge a person's physical attendance at or operation of a religious facility, church, synagogue, or other place of worship.

(5) A regulation allowed in subsection (2)(c)(i), (2)(c)(ii), or (2)(c)(vi) adopted or a directive, mandate, or order implemented to carry out the provisions of this part that applies to the entire jurisdictional area of a town, city, or county under the jurisdiction of the local health board may not:

(a) compel a private business to deny a customer of the private business access to the premises or access to goods or services;

(b) deny a customer of a private business the ability to access goods or services provided by the private business; or

(c) include any of the following actions for noncompliance of actions described in subsections (5)(a) and (5)(b):

(i) require the assessment of a fee or fine;

(ii) require the revocation of a license required for the operation of a private business;

(iii) find a private business owner guilty of a misdemeanor; or

(iv) bring any other retributive action against a private business owner, including but not limited to an action allowed under 50-2-123 , a penalty allowed under 50-2-124 , or any other criminal charge.

(6) The prohibition provided for in subsection (5)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public isolation order.

(7) The prohibitions provided for in subsection (5) do not restrict a local board of health from exercising its authority under this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.

(8) A local board of health may not require a person to receive any type of vaccination, medication, supplement, or other type of drug treatment.

(9) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.
Mont. Code Ann. § 50-15-404 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-404
50-15-404 Preparation of certificate when death not medically attended
Status: in_force

50-15-404 . Preparation of certificate when death not medically attended. (1) If the death or fetal death occurred without medical attendance or the physician or advanced practice registered nurse last in attendance failed to sign the death certificate, the local registrar may complete the certificate on the basis of information received from persons having knowledge of the facts.

(2) If it appears the death or fetal death resulted from other than natural causes, the local registrar shall notify the coroner and the state medical examiner for investigation and certification.
Mont. Code Ann. § 50-1-406 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-406
50-1-406 Terminated
Status: in_force

50-1-406 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-4-1105 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1105
50-4-1105 Whistleblower protections
Status: in_force

50-4-1105 . Whistleblower protections. (1) A medical practitioner or health care institution may not be discriminated against because the medical practitioner or health care institution:

(a) provides, causes to be provided, or intends to provide or cause to be provided information relating to a suspected violation of this part to the medical practitioner or health care institution's employer, the attorney general, any agency charged with protecting health care rights of conscience, the United States department of health and human services, the United States office for civil rights, or any other federal agency charged with protecting health care rights of conscience;

(b) testifies or intends to testify in a proceeding concerning a violation of this part; or

(c) assists or participates, or intends to assist or participate, in a proceeding.

(2) Except as provided in subsection (3), it is unlawful to discriminate against a medical practitioner because the medical practitioner discloses information that the medical practitioner reasonably believes evinces:

(a) a violation of any law, rule, or regulation;

(b) a violation of any standard of care or ethical guidelines for the provision of any health care service; or

(c) gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety.

(3) Nothing in this section may be construed to exempt a person from the requirements of Title 50, chapter 16, the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., or any other applicable confidentiality and patient privacy requirements.
Mont. Code Ann. § 50-4-1405 — MT Code / Title 50 / Chapter 4 / Part 14 / Section 50-4-1405
50-4-1405 Private cause of action for injuries caused by treatment of gender dysphoria -- statute of limitations -- definitions
Status: in_force

50-4-1405 . Private cause of action for injuries caused by treatment of gender dysphoria -- statute of limitations -- definitions. (1) Any health care professional or physician who provides the medical treatments listed in subsection (4) to a minor may be subject to a civil action if the medical treatment results in any injury, including physical, psychological, emotional, or physiological harms, that is proximately caused by a deviation from the applicable medical standard of care of the health care professional or physician as established by qualified expert testimony.

(2) Except as provided in subsection (3), a person who suffers an injury described in subsection (1) or the person's legal guardian or estate may bring a civil action with respect to the injury within 2 years from the time of discovery by the injured party of both the injury and the causal relationship between the medical treatment and the injury against the offending health care professional or physician in a court of competent jurisdiction for:

(a) declaratory or injunctive relief;

(b) compensatory damages; and

(c) any other appropriate relief.

(3) (a) If the person subjected to medical treatment is under legal disability at the time the person discovers the injury and the causal relationship between the medical treatment and the injury, the limitation period in subsection (2) does not begin to run until the removal of the disability.

(b) The limitation period in subsection (2) does not run until the minor reaches the age of 23 or during a time period when the individual is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud perpetrated by the health care professional or physician who provided the medical treatment described in subsection (1) or by any person acting in the interest of the health care professional or physician.

(4) (a) Except as provided in subsection (5), a health care professional or physician may be found liable under subsection (1) for an injury proximately caused by a deviation from the applicable medical standard of care of the health care professional or physician, as established by qualified expert testimony, in providing the following treatments to a minor female patient to address the patient's perception that the patient's gender or sex is not female:

(i) surgical procedures, including a vaginectomy, hysterectomy, oophorectomy, ovariectomy, reconstruction of the urethra, metoidioplasty, phalloplasty, scrotoplasty, implantation of erection or testicular protheses, subcutaneous mastectomy, voice surgery, or pectoral implants;

(ii) supraphysiologic doses of testosterone or other androgens; or

(iii) puberty blockers such as GnRH agonists or other synthetic drugs that suppress the production of estrogen and progesterone to delay or suppress pubertal development in female minors.

(b) Except as provided in subsection (5), a health care professional or physician may be found liable under subsection (1) for an injury proximately caused by a deviation from the applicable medical standard of care of the health care professional or physician, as established by qualified expert testimony, in providing the following treatments to a minor male patient to address the patient's perception that the patient's gender or sex is not male:

(i) surgical procedures, including a penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty, augmentation mammoplasty, facial feminization surgery, voice surgery, thyroid cartilage reduction, or gluteal augmentation;

(ii) supraphysiologic doses of estrogen; or

(iii) puberty blockers such as GnRH agonists or other synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male minors.

(5) The medical treatments listed in subsections (4)(a) and (4)(b) may be the basis of a claim under subsection (1) only when knowingly provided to address a minor female patient's perception that the patient's gender or sex is not female or a minor male patient's perception that the patient's gender or sex is not male and only when performed in a manner that deviates from the applicable medical standard of care as established by qualified expert testimony. Subsections (4)(a) and (4)(b) do not apply for other purposes, including:

(a) treatment for a person born with a medically verifiable disorder of sex development, including:

(i) a person born with external biological sex characteristics that are irresolvably ambiguous, including an individual born with 46 XX chromosomes with virilization, an individual born with 46 XY chromosomes with undervirilization, or an individual having both ovarian and testicular tissue; and

(ii) a person whom a physician has otherwise diagnosed with a disorder of sexual development in which the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female;

(b) treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by a medical treatment listed in subsection (4)(a) or (4)(b), whether or not the medical treatment was performed in accordance with state and federal law and whether or not funding for the medical treatment is permissible under state and federal law; or

(c) any other clinically appropriate or evidence-based basis for the treatment.

(6) As used in this section, unless the context clearly indicates otherwise, the following definitions apply:

(a) "Female" means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is female for the purposes of this section.

(b) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female.

(c) "Health care professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of the person's profession.

(d) "Male" means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is male for the purposes of this section.

(e) "Physician" means a person who is licensed to practice medicine in this state.

(f) "Sex" means the organization of body parts and gametes for reproduction in human beings and other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, behavioral, social, cultural, chosen, or subjective experience of gender.
Mont. Code Ann. § 50-73-210 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-210
50-73-210 Restrictions as to boundary lines
Status: in_force

50-73-210 . Restrictions as to boundary lines. In no case shall the workings of a coal mine be driven nearer than 50 feet to the boundary line of the coal rights pertaining to the mine, except for the purpose of establishing connecting workings between properties owned by the same person or an underground communication between contiguous mines as provided for elsewhere in rules adopted by the department.
Mont. Code Ann. § 50-60-212 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-212
50-60-212 Disclaimer
Status: in_force

50-60-212 . Disclaimer. A building permit or certificate of occupancy issued by the state or by a county, city, or town must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not necessarily guarantee compliance with the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, Title 49, chapter 2, commonly known as the Montana Human Rights Act, or other similar federal, state, or local laws that mandate accessibility to commercial construction or multifamily housing."
Mont. Code Ann. § 50-78-401 — MT Code / Title 50 / Chapter 78 / Part 4 / Section 50-78-401
50-78-401 No effect on other duties or liabilities
Status: in_force

50-78-401 . No effect on other duties or liabilities. The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals, nor does it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease or accident as required under any other provision of law. The provision of information to an employee does not affect any other duty of a manufacturer, producer, or formulator to warn ultimate users of a hazardous chemical under any other provision of law.
Mont. Code Ann. § 50-5-1105 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1105
50-5-1105 Long-term care facility to adopt and post residents' rights
Status: in_force

50-5-1105 . Long-term care facility to adopt and post residents' rights. (1) The administrator of each long-term care facility shall:

(a) adopt a written statement of rights applicable to all residents of its facility, including as a minimum the rights listed in 50-5-1104 ;

(b) provide each resident, at the time of admission to the facility, a copy of the facility's statement of residents' rights, receipt of which the resident or the resident's authorized representative shall acknowledge in writing;

(c) provide each resident with a written statement of any change in residents' rights at the time the change is implemented, receipt of which the resident or the resident's authorized representative shall acknowledge in writing; and

(d) train and involve staff members in the implementation of residents' rights as expressed in the statement adopted by the facility.

(2) Each staff member shall affirm in writing that the member has read and understands the facility's statement of residents' rights.

(3) The administrator of the facility shall post in a conspicuous place visible to the public a copy of the facility's statement of residents' rights, presented in a format that can be read easily by the residents and by the public.
Mont. Code Ann. § 50-12-106 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-106
50-12-106 Effect on insurance coverage and health care services
Status: in_force

50-12-106 . Effect on insurance coverage and health care services. (1) This part does not:

(a) expand the coverage required of an insurer under Title 33 or of the state or a local government under Title 2 or Title 53;

(b) affect the requirements for insurance coverage of routine patient costs for patients involved in approved cancer clinical trials pursuant to 2-18-704 , 33-22-101 , 33-22-153 , 33-31-111 , 33-35-306 , 53-4-1005 , or 53-6-101 ;

(c) require a health plan, third-party administrator, or governmental agency to pay costs associated with the use, care, or treatment of a patient with an experimental treatment;

(d) require a health care facility to provide new or additional services; or

(e) prevent health care facilities or health care providers from establishing payment requirements for experimental treatments and other services related to the provision of experimental treatments.

(2) A health plan, third-party administrator, or governmental agency may provide coverage for the cost of an experimental treatment or the cost of services related to the provision of an experimental treatment under this part.

(3) A health care facility may approve the provision of an experimental treatment in the health care facility.

(4) An experimental treatment center may enter into provider agreements and establish any payment arrangement, including digital and alternative currencies, with patients, providers, or third-party payers.
Mont. Code Ann. § 50-19-205 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-205
50-19-205 Newborn screening advisory committee -- membership -- duties
Status: in_force

50-19-205 . Newborn screening advisory committee -- membership -- duties. (1) There is a newborn screening advisory committee. The committee consists of 12 members appointed by the director of the department.

(2) (a) The director shall appoint the following voting members:

(i) two members who are persons affected by or family members of a person affected by a disorder tested for pursuant to 50-19-203 ;

(ii) two members who are physicians or nurse practitioners who are board-certified in obstetrics, pediatrics, family medicine, or neonatology;

(iii) one member who is a representative of a birthing center;

(iv) one member who is a representative of medicaid or the insurance industry;

(v) one member who is a representative of an advocacy association regarding newborns with medical conditions or rare disorders;

(vi) one member who is a medical geneticist or who has at least 5 years of experience working in a testing laboratory; and

(vii) one member who works in a tribal health care system.

(b) The director shall appoint the following department employees as nonvoting members:

(i) the chief medical director;

(ii) a representative of the newborn screening program; and

(iii) a representative of the laboratory services bureau.

(3) (a) Except as provided in subsection (3)(b), each voting committee member shall serve a staggered 3-year term and is subject to reappointment for one succeeding term.

(b) The director shall appoint the first nine voting members to an initial term of 1, 2, or 3 years so that the terms of no more than four members expire in any given year.

(4) The committee shall meet at least two times each year.

(5) The committee shall report its findings to the director at least once a year, if applicable, including providing recommendations that the department initiate rulemaking to add an additional metabolic or genetic disorder to the newborn screening protocol. In making recommendations to the department, the committee shall use federally recognized national standards for newborn screening, including the recommended uniform screening panel developed by the health resources and services administration of the United States department of health and human services.

(6) Members of the committee are not entitled to compensation for their services, but they are entitled to a mileage allowance, as provided in 2-18-503 , and travel and meal expenses, as provided in 2-18-501 and 2-18-502 .

(7) The committee shall gather information on recent developments in testing technology, investigate staff and equipment requirements of new tests, and perform other activities related to newborn screening. The committee may make recommendations to the director regarding conditions that should be added to the newborn screening panel.

(8) The committee is attached to the department of public health and human services for administrative purposes, and the department shall provide staff support to the committee.

(9) The committee shall give priority to reviewing Krabbe disease.
Mont. Code Ann. § 50-72-101 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-101
50-72-101 Applicability of chapter
Status: in_force

50-72-101 . Applicability of chapter. This chapter shall apply to all mines (except coal and lignite) and individuals, owners, lessors, lessees, agents, partnerships, corporations, managers, operators, or employers operating any surface or underground metal or nonmetallic mines in this state. These individuals, owners, lessors, lessees, agents, partnerships, corporations, managers, operators, or employers operating any surface or underground metal or nonmetallic mines (excluding coal and lignite) shall report the same to the department, state the name of the mine, the location of the same, the name of the company, person, or persons owning or operating the same, post-office address, and number of persons employed.
Mont. Code Ann. § 50-19-302 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-302
50-19-302 Purposes
Status: in_force

50-19-302 . Purposes. The purposes of this part are to:

(1) assure that mothers and children, in particular those with low income or with limited availability of health services, receive access to quality maternal and child health services;

(2) reduce infant mortality and the number of low birthweight babies; and

(3) prevent the incidence of children born with chronic illnesses, birth defects, or severe disabilities as a result of inadequate prenatal care.
Mont. Code Ann. § 50-60-124 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-124
50-60-124 Exemption from environmental review
Status: in_force

50-60-124 . Exemption from environmental review. The department and local building departments are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, for an analysis of greenhouse gases from a covered product or appliance, as defined by 42 U.S.C. 6292, for the adoption or enforcement of the state building code or county, city, and town building codes.
Mont. Code Ann. § 50-5-1204 — MT Code / Title 50 / Chapter 5 / Part 12 / Section 50-5-1204
50-5-1204 Long-term care facility procedures
Status: in_force

50-5-1204 . Long-term care facility procedures. A long-term care facility that provides a safety device under 50-5-1203 shall:

(1) document that the procedures outlined in 50-5-1203 have been followed;

(2) monitor the use of the safety device in accordance with accepted standards of practice;

(3) reevaluate the resident's need for the safety device, no less than quarterly, in consultation with the resident, the resident's family, and the attending physician.
Mont. Code Ann. § 50-6-404 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-404
50-6-404 Duties of trauma care committee
Status: in_force

50-6-404 . Duties of trauma care committee. The trauma care committee provided for in 2-15-2216 shall:

(1) provide recommendations and guidance to the department concerning:

(a) trauma care, including suggestions for changes to the statewide trauma care system;

(b) the implementation of a hospital data collection system; and

(c) the design and implementation of a statewide and regional quality improvement system for trauma care that considers the standards recommended by the American college of surgeons and an accrediting entity approved by the U.S. centers for medicare and medicaid services;

(2) assist the department in conducting statewide quality improvement and peer review functions by regularly analyzing the effect of the statewide trauma care system on patient care, morbidity, and mortality; and

(3) provide recommendations to and oversight and coordination of the activities of the regional trauma care advisory committees.
Mont. Code Ann. § 50-40-102 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-102
50-40-102 Intent -- purpose
Status: in_force

50-40-102 . Intent -- purpose. The legislature finds and declares that the purposes of this part are as follows:

(1) to protect the public health and welfare by prohibiting smoking in public places and places of employment;

(2) to recognize the right of nonsmokers to breathe smoke-free air; and

(3) to recognize that the need to breathe smoke-free air has priority over the desire to smoke.
Mont. Code Ann. § 50-15-706 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-706
50-15-706 Rules
Status: in_force

50-15-706 . Rules. The department may adopt rules implementing this part, including:

(1) the types of tumors that are reportable; and

(2) the information on each patient having a reportable tumor that must be submitted to the department.
Mont. Code Ann. § 50-16-525 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-525
50-16-525 Disclosure by health care provider
Status: in_force

50-16-525 . Disclosure by health care provider. (1) Except as authorized in 50-16-529 , 50-16-530 , and 50-19-402 or as otherwise specifically provided by law or the Montana Rules of Civil Procedure, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent or employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.

(2) A health care provider shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the preceding 3 years, except for a person who has examined the recorded health care information under 50-16-529 (1) or (2). The record of disclosure must include the name, address, and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination, and to the extent practicable a description of the information disclosed.
Mont. Code Ann. § 50-15-122 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-122
50-15-122 Disclosure of information from vital records or vital reports -- rules
Status: in_force

50-15-122 . Disclosure of information from vital records or vital reports -- rules. (1) It is the policy of the state to protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics. In furtherance of the policy, a person may not permit inspection of or disclose information contained in vital records or in vital reports or copy or issue a copy of all or a part of a record or report unless authorized by this chapter, by administrative rule, or by order of a court of competent jurisdiction. Rules adopted under this chapter must provide for adequate standards of security and confidentiality of vital records.

(2) The execution of a research agreement that protects the confidentiality of the information provided to a researcher in response to a written request is required for disclosure of information that may identify a person or institution named in a vital record or report. This agreement must be made in compliance with this chapter or rules adopted to implement this chapter. Each agreement must prohibit the release by the researcher of any information that might identify a person or institution, other than releases that may be provided for in the agreement.

(3) This section does not prohibit the release of information or data that does not identify a person or institution named in a vital record or report.

(4) A challenge to a decision of a custodian of vital records to refuse disclosing information from records, as prescribed by this section and rules issued to implement this section, must be made before the department in the case of a county clerk and recorder and to a district court in the case of the department. A challenge before the department must be in the form of a contested case pursuant to the Montana Administrative Procedure Act. An appeal of the department's decision to district court must be made by filing an original action pursuant to the Montana Rules of Civil Procedure.

(5) (a) Immediately upon the filing of a record with the department, the fact that a birth or death has occurred may be released to the public without restriction. Notwithstanding the restrictions provided in 50-15-121 , complete birth records may be released to the public 30 years after the date of birth. The department shall adopt rules that provide for the continued safekeeping of the records.

(b) Upon the filing of a record of marriage with the clerk of the district court, information that may be released to the public without restriction is specifically limited to:

(i) the names of the parties, the age of the parties, and their place of birth;

(ii) the date and place of the marriage;

(iii) the names and addresses of the parents of the parties;

(iv) the name of the officiant; and

(v) the type of ceremony.

(c) Any other information contained in a marriage license application that is not authorized to be disclosed under subsection (5)(b) is considered confidential and is subject to the disclosure limitations and penalties provided in 50-15-114 .

(d) Notwithstanding the restrictions provided in 50-15-121 and this section, the information contained in a marriage license and marriage certificate may be released to the public 30 years after the date of the marriage.

(e) Upon the filing of a record of a dissolution of marriage with the clerk of the district court, that record may be released to the public without restriction unless designated confidential by the court. A record of dissolution of marriage designated confidential by the court may be provided to a federal, state, or local government agency upon request when the record is used solely in the conduct of the agency's official duties.

(6) The department may provide the national center for health statistics or a successor agency with copies of records, reports, or data from the system of vital statistics that are required for national statistics. The department shall enter into an agreement with the center, indicating the scope of disclosure of information, as required by this chapter or rules implementing this chapter, concerning the use of records, reports, or data for statistical or research purposes. The agreement must set forth the financial support to be provided by the center for the collection, processing, and transmission of the records, reports, or data. Upon written request of the center, the department may approve, by amendment to the agreement, additional statistical or research uses of the records, reports, or data supplied under the agreement.

(7) Federal, state, and local governmental agencies may, subject to this chapter and rules implementing this chapter, upon request, be furnished copies of records or data from the system of vital statistics if the copies or data is used solely in the conduct of the agency's official duties. The department shall, upon request by a licensed adoption agency, provide a birth certificate and related records for purposes of adoption, termination of parental rights, custody actions, paternity actions, child support actions, social security eligibility determinations, or Indian tribal enrollment determinations.

(8) Subject to this chapter and rules implementing this chapter, the department may, by agreement, transmit copies of records and other reports required to be compiled by this chapter to offices of vital statistics outside this state when the records or reports concern residents of those jurisdictions or persons born in those jurisdictions. The agreement must specify the statistical and administrative purposes for which the records may be used, and the agreement must provide instructions concerning proper retention, confidentiality requirements, and disposition of the copies. Copies received by the department from offices of vital statistics in other states must be handled as provided for in this subsection.
Mont. Code Ann. § 50-79-107 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-107
50-79-107 Inspections
Status: in_force

50-79-107 . Inspections. The department or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the department, other than a private dwelling, for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules promulgated thereunder, and the owner, occupant, or person in charge of such property shall permit such entry and inspection. Entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
Mont. Code Ann. § 50-79-303 — MT Code / Title 50 / Chapter 79 / Part 3 / Section 50-79-303
50-79-303 Penalty
Status: in_force

50-79-303 . Penalty. A person who knowingly or purposely disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined an amount not more than $5,000 or be imprisoned for not more than two years, or both, for each offense. A person who negligently disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined not more than $1,000 for each offense. In this part, each day of violation constitutes a separate offense.
Mont. Code Ann. § 50-2-119 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-119
50-2-119 Nursing services
Status: in_force

50-2-119 . Nursing services. (1) A local board may employ a qualified nurse for nursing services to persons under a physician's care who are confined to their homes.

(2) Before nursing services are provided, a physician must:

(a) determine that the person needs the services of a visiting nurse;

(b) direct the nurse to visit the person;

(c) specify the type and duration of services to be performed by the nurse.

(3) Persons shall pay for the services at rates set by the local board. Local boards, on behalf of persons receiving services, may accept payment from persons or public agencies either directly from or by contract with the person or agency. All payments received shall be deposited in a special county or city fund and used to defray expenses of providing the service.
Mont. Code Ann. § 50-16-817 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-817
50-16-817 Civil remedies
Status: in_force

50-16-817 . Civil remedies. (1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.

(2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.

(3) A disciplinary or punitive action may not be taken against a health care provider or the provider's employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.

(4) If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.

(5) If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.

(6) An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.

(7) A health care provider who relies in good faith upon certification pursuant to 50-16-812 is considered to have received reasonable assurances and is not liable for disclosures made in reliance on that certification.
Mont. Code Ann. § 50-74-302 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-302
50-74-302 General requirements for licensure
Status: in_force

50-74-302 . General requirements for licensure. No person may be granted a license to operate steam or water boilers and steam machinery under the provisions of this chapter who has not met the qualifications for licensing and been found to be competent by examination to perform the duties of an engineer.
Mont. Code Ann. § 50-5-1303 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1303
50-5-1303 Notification to interested persons -- selection of proxy decisionmaker
Status: in_force

50-5-1303 . Notification to interested persons -- selection of proxy decisionmaker. (1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider's designee shall make reasonable efforts to notify the patient of:

(a) the determination that the patient lacks decisional capacity; and

(b) the identity of a lay or medical proxy decisionmaker selected or appointed pursuant to this part.

(2) An attending health care provider or the provider's designee shall make reasonable efforts to locate and notify as many interested persons as practicable to inform them of the patient's lack of decisional capacity and ask that a lay proxy decisionmaker be selected for the patient.

(3) The attending health care provider may rely on interested persons contacted by the provider or the provider's designee to notify other family members or interested persons.

(4) Interested persons who are informed of the patient's lack of decisional capacity shall make reasonable efforts to reach a consensus as to who among them will make medical treatment decisions on behalf of the patient. In selecting a lay proxy decisionmaker, the interested persons should consider which proposed decisionmaker:

(a) has a close relationship with the patient; and

(b) is most likely to have current knowledge of the patient's wishes regarding medical treatment.

(5) Nothing in this section precludes an interested person from initiating a guardianship proceeding for any reason at any time.

(6) The provisions of this section do not apply when an individual who is willing and able to serve as a trusted decisionmaker is designated under 50-5-1310 .
Mont. Code Ann. § 50-31-109 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-109
50-31-109 Use of additives
Status: in_force

50-31-109 . Use of additives. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of 50-31-202 (2) with respect to any food, 50-31-305 (1) through (5) with respect to any drug or device, or 50-31-401 (1) with respect to any cosmetic unless there is in effect a regulation pursuant to 50-31-108 limiting the quantity of such substance and the use or intended use of such substance conforms to the terms prescribed by such regulation. While such regulation relating to such substance is in effect, a food, drug, or cosmetic shall not by reason of bearing or containing such substance in accordance with the regulation be considered adulterated within the meaning of 50-31-202 (1), 50-31-305 (1) through (5), or 50-31-401 (1).
Mont. Code Ann. § 50-16-205 — MT Code / Title 50 / Chapter 16 / Part 2 / Section 50-16-205
50-16-205 Data confidential -- inadmissible in judicial proceedings
Status: in_force

50-16-205 . Data confidential -- inadmissible in judicial proceedings. All data is confidential and is not discoverable or admissible in evidence in any judicial proceeding. However, this section does not affect the discoverability or admissibility in evidence of health care information that is not data as defined in 50-16-201 .
Mont. Code Ann. § 50-5-1306 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1306
50-5-1306 Medical ethics committee assistance in decisions on withholding or withdrawing treatment
Status: in_force

50-5-1306 . Medical ethics committee assistance in decisions on withholding or withdrawing treatment. The medical ethics committee of a health care facility shall assist a lay or medical proxy decisionmaker upon request if the lay or medical proxy decisionmaker is considering or has made a decision to withhold or withdraw medical treatment. If the health care facility treating the patient does not have a medical ethics committee, the facility may provide an outside referral for assistance or consultation.
Mont. Code Ann. § 50-32-223 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-223
50-32-223 Criteria for placement of drug in Schedule II
Status: in_force

50-32-223 . Criteria for placement of drug in Schedule II. The board shall place a drug in Schedule II if it finds that:

(1) the drug has high potential for abuse;

(2) the drug has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and

(3) the abuse of the drug may lead to severe psychic or physical dependence.
Mont. Code Ann. § 50-51-205 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-205
50-51-205 License fee to supersede other fees
Status: in_force

50-51-205 . License fee to supersede other fees. Payment of the license fee stipulated herein shall be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this chapter.
Mont. Code Ann. § 50-6-501 — MT Code / Title 50 / Chapter 6 / Part 5 / Section 50-6-501
50-6-501 Definitions
Status: in_force

50-6-501 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Automated external defibrillator" or "AED" means a medical device that:

(a) has received approval for marketing from the U.S. food and drug administration;

(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining, without intervention by an operator, whether defibrillation should be performed;

(c) upon determining that defibrillation should be performed, automatically charges and indicates that it is ready to deliver an electrical impulse to an individual's heart; and

(d) may be used by an operator of the device to deliver an electrical impulse to an individual's heart.

(2) "Entity" means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization.

(3) "Physician" means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3.

(4) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.
Mont. Code Ann. § 50-19-323 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-323
50-19-323 Coordination of programs
Status: in_force

50-19-323 . Coordination of programs. The department shall coordinate services under the MIAMI project with other services and programs in the state including:

(1) the early and periodic screening, diagnosis, and treatment services program under Title XIX of the federal Social Security Act;

(2) the Montana medicaid program established in 53-6-101 ;

(3) programs administered with funds under the federal Maternal and Child Health Services Block Grant Act, Public Law 97-35, as may be amended; and

(4) the services of fetal, infant, child, and maternal mortality teams as provided in part 4 of this chapter.
Mont. Code Ann. § 50-15-203 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-203
50-15-203 Child of unknown parentage
Status: in_force

50-15-203 . Child of unknown parentage. (1) A person who assumes custody of a child of unknown parentage shall immediately file with the local registrar a written report which shall constitute a birth certificate.

(2) The report shall contain:

(a) the date and place of finding or assumption of custody;

(b) sex, color or race, and approximate age of the child;

(c) name and address of the person or institution with whom the child has been placed for care;

(d) name given to the child by the finder or person who assumes custody.

(3) The place where the child was found or custody assumed shall be the place of birth.

(4) The date of birth shall be determined by approximation.

(5) If the child is identified and a regular birth certificate is found or obtained, the report shall be sealed and may be opened only by court order.
Mont. Code Ann. § 50-20-401 — MT Code / Title 50 / Chapter 20 / Part 4 / Section 50-20-401
50-20-401 Offense of partial-birth abortion -- exception -- definitions -- penalties
Status: in_force

50-20-401 . Offense of partial-birth abortion -- exception -- definitions -- penalties. (1) Except as provided in this section, a person commits an offense if the person purposely, knowingly, or negligently causes a partial-birth abortion.

(2) Subsection (1) does not apply to:

(a) a partial-birth abortion caused to save the life of a woman because the woman's life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would save the life of the woman; or

(b) the woman upon whom a partial-birth abortion is performed.

(3) As used in this section, the following definitions apply:

(a) "Knowingly" has the meaning provided in 45-2-101 .

(b) "Negligently" has the meaning provided in 45-2-101 .

(c) (i) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.

(ii) A procedure that constitutes a partial-birth abortion is one in which the following steps occur:

(A) the living fetus is removed intact from the uterus until only the head remains in the uterus;

(B) all or a part of the intracranial contents of the fetus are evacuated;

(C) the head of the fetus is compressed; and

(D) following fetal demise, the fetus is removed from the birth canal.

(d) "Purposely" has the meaning provided in 45-2-101 .

(4) A person committing the offense provided for in subsection (1) is guilty of a felony and shall be punished by:

(a) a fine of not more than $50,000;

(b) imprisonment in a correctional facility for a term of not less than 5 years and not more than 10 years; or

(c) both fine and imprisonment as provided in subsections (4)(a) and (4)(b); and

(d) permanent revocation of the license of the physician performing the partial-birth abortion. The provisions of 37-1-203 and 37-1-205 do not apply to a physician whose license is revoked pursuant to this section.
Mont. Code Ann. § 50-53-103 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-103
50-53-103 Department rules
Status: in_force

50-53-103 . Department rules. (1) The department shall adopt rules relating to the operation of public swimming pools and public bathing places, including rules:

(a) setting standards to ensure sanitation and safety in public swimming pools and public bathing places to protect public health and safety;

(b) imposing reasonable fees for review of plans relating to the design, construction, reconstruction, alteration, conversion, repair, and installation of equipment and for plan review when plan review is conducted by the department;

(c) relating to the licensing of operators of public swimming pools and public bathing places, including allowing for training courses, testing, and recertification for cardiopulmonary resuscitation or pool operator certification to be conducted in person, online, or through other virtual methods;

(d) providing procedures for the enforcement of the laws and rules relating to public swimming pools and public bathing places;

(e) relating to cooperative agreements between the department and local boards of health; and

(f) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-53-218 .

(2) Any rule relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings or installation of equipment in buildings is effective only when it has been adopted by the department of labor and industry as part of the state building code and filed with the secretary of state pursuant to 50-60-204 .
Mont. Code Ann. § 50-78-204 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-204
50-78-204 Employee rights
Status: in_force

50-78-204 . Employee rights. (1) An employee who may be exposed to hazardous chemicals must be informed of the potential or actual exposure and must be provided access to the workplace chemical list and to the material safety data sheet for each hazardous chemical. An employer who does not provide an employee with information on a hazardous chemical within 5 working days of the request for information, as required by this chapter, may not require the employee to work with the hazardous chemical until the information is made available.

(2) Each employee must receive training from the employer, as provided in 50-78-305 or in the OSHA standard, on the hazards of workplace chemicals and on protective measures for handling those chemicals.

(3) Each employee required to work with a hazardous chemical must be provided with appropriate personal protective equipment.

(4) An employer may not discharge, cause to be discharged, discipline, discriminate against, or initiate any adverse personnel action against any employee who exercises the employee's rights, testifies, or assists others in exercising their rights or duties under this chapter.

(5) A waiver by an employee of the benefits, rights, or requirements of this chapter is against public policy and is void. An employer's request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.

(6) A designated representative may act on behalf of an employee in pursuing any right or enforcement remedy under this chapter.
Mont. Code Ann. § 50-16-801 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-801
50-16-801 Legislative findings
Status: in_force

50-16-801 . Legislative findings. The legislature finds that:

(1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;

(2) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., provide significant privacy protection for health care information with respect to health care providers subject to HIPAA;

(3) for health care providers subject to the health care information privacy protections of HIPAA, the applicability of the provisions of Title 50, chapter 16, part 5, relating to health care privacy is unnecessary and may result in significant practical difficulties;

(4) it is in the best interest of the citizens of Montana to have certain requirements, with respect to the use or release of health care information by health care providers, that are more restrictive than or additional to the health care privacy protections of HIPAA.
Mont. Code Ann. § 50-31-105 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-105
50-31-105 Publication of information by department
Status: in_force

50-31-105 . Publication of information by department. (1) The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.

(2) The department may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the department deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
Mont. Code Ann. § 50-1-211 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-211
50-1-211 Terminated
Status: in_force

50-1-211 . Terminated. Sec. 2, Ch. 473, L. 2007.
Mont. Code Ann. § 50-63-203 — MT Code / Title 50 / Chapter 63 / Part 2 / Section 50-63-203
50-63-203 Notification to department of justice -- reports to be filed
Status: in_force

50-63-203 . Notification to department of justice -- reports to be filed. (1) If it appears that a fire was of suspicious origin, if there was a loss of human life, or if it is determined that a criminal investigation is necessary, the official responsible for the investigation shall notify the department of justice and the appropriate law enforcement agency within 24 hours and shall file with the department a written report of the cause within 10 days.

(2) If the property was insured, as soon as any adjustment has been made, a person representing the insurance company shall notify the department of justice of the amount of adjustment and the apparent cause and circumstances of the fire.

(3) Each official responsible for investigating fires shall file with the department of justice a fire incident report on each fire. Reports must be made on forms provided by the department and must contain information prescribed by the department. These reports must be sent to the department on a monthly basis or at intervals determined by the department.
Mont. Code Ann. § 50-50-107 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-107
50-50-107 County attorney to prosecute violations
Status: in_force

50-50-107 . County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.