Mont. Code Ann. § 50-51-103 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-103
50-51-103 Department authorized to adopt rules or guidelines
Status: in_force

50-51-103 . Department authorized to adopt rules or guidelines. (1) The department may adopt rules governing the operation of bed and breakfasts, hotels, motels, roominghouses, boardinghouses, and tourist homes to protect the public health and safety.

(2) Rules applicable to a bed and breakfast, hotel, motel, roominghouse, boardinghouse, or tourist home may relate to construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage disposal systems, refuse collection and disposal, registration and supervision, fire and life safety, food service, staggered license expiration dates, and reimbursement of local governments for inspections and enforcement.

(3) The department may not adopt rules governing guest ranches and outfitting and guide facilities that meet the definitions in 50-51-102 but may adopt voluntary guidelines for these facilities. The guidelines must take into consideration the size, type, location, and seasonal operations of an establishment and may include only guidelines to:

(a) address that the establishment has safe drinking water and an adequate water supply;

(b) ensure an adequate and sanitary sewage system and ensure adequate and sanitary refuse collection and disposal; and

(c) address food safety concerns, such as adequate storage, refrigeration, and food handling.

(4) These guidelines must be developed through a negotiated process in cooperation with guest ranches and outfitters and guides. These guidelines are not intended to be regulatory in nature.

(5) The department shall develop guidelines for county sanitarians to provide assistance to guest ranches and outfitters and guides, and the guidelines must be tailored to the needs of each type of establishment.

(6) As provided in 7-1-113 , nothing in this section prohibits a local government from adopting an ordinance that:

(a) is the same as or more stringent than rules adopted by the department under this section; or

(b) differs from the voluntary guidelines adopted by the department under this section.
Mont. Code Ann. § 50-79-501 — MT Code / Title 50 / Chapter 79 / Part 5 / Section 50-79-501
50-79-501 Northwest Interstate Compact on Low-Level Radioactive Waste Management
Status: in_force

50-79-501 . Northwest Interstate Compact on Low-Level Radioactive Waste Management. The legislature of the state of Montana approves and ratifies the compact designated as the "Northwest Interstate Compact on Low-Level Radioactive Waste Management", which compact is as follows:

NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT

ARTICLE I -- Policy and Purpose

The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.

ARTICLE II -- Definitions

As used in this compact:

(1) "Facility" means any site, location, structure, or property, excluding federal waste facilities, used or to be used for the storage, treatment, or disposal of low-level waste.

(2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, spent reactor fuel, or material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.

(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.

(4) "Host state" means a state in which a facility is located.

ARTICLE III -- Regulatory Practices

Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:

(1) maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;

(2) periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

(3) authorization of the containers in which such waste may be shipped and a requirement that generators use only that type of container authorized by the state;

(4) assurance that inspections of the carriers which transport such waste are conducted by proper authorities and appropriate enforcement action is taken for violations;

(5) after receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, taking appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.

Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this article.

ARTICLE IV -- Regional Facilities

(1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste generated outside the region comprising the party states, except as provided in Article V.

(3) Until such time as paragraph (2) of this article takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate must be in such form as may be required by the host state and shall contain at least the following:

(a) the generator's name and address;

(b) a description of the contents of the low-level waste container;

(c) a statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by the official's agent or by a representative of the United States Nuclear Regulatory Commission and was found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;

(d) a binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.

(4) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprising the party states in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in its region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.

(5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho, which host hazardous chemical waste disposal facilities, will allow access to such facilities by generators within other party states. Nothing in this compact may be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region composed of the party states.

(6) Any host state may establish a schedule of fees and requirements related to its facilities to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

ARTICLE V -- Northwest Low-Level Waste Compact Committee

The Governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest Low-Level Waste Compact Committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of Article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprising the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE VI -- Eligible Parties and Effective Date

(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

(2) After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party state may become a party to this compact by the execution of an executive order by the Governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its Legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.

(3) Paragraph (2) of Article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every 5-year period.

ARTICLE VII -- Severability

If any provision of this compact or its application to any person or circumstance is held to be invalid, all other provisions of this compact and the application of all of its provisions to all other persons and circumstances shall remain valid, and to this end the provisions of this compact are severable.
Mont. Code Ann. § 50-5-104 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-104
50-5-104 Certain exemptions for spiritual healing institution
Status: in_force

50-5-104 . Certain exemptions for spiritual healing institution. Parts 1 through 3 and rules and standards adopted by the department may not authorize the supervision, regulation, or control of care or treatment of persons in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination. However, a license is required and the minimum standards referred to in 50-5-103 (2) apply.
Mont. Code Ann. § 50-23-105 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-105
50-23-105 Authority to adopt rules
Status: in_force

50-23-105 . Authority to adopt rules. The department of public health and human services, with the approval of the department of livestock, may adopt rules necessary for the implementation and administration of this part.
Mont. Code Ann. § 50-60-716 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-716
50-60-716 Insurance requirements
Status: in_force

50-60-716 . Insurance requirements. (1) Each licensed elevator contractor and licensed elevator inspector shall provide the department with a certified copy of an insurance policy issued by an insurance company authorized to do business in this state that provides at least $1 million coverage for injury or death for any number of persons in any single occurrence and $500,000 for property damage in any single occurrence.

(2) A licensed elevator contractor or licensed elevator inspector shall notify the department of any material policy alteration or policy cancellation within 10 days of receiving notice of the alteration or cancellation.
Mont. Code Ann. § 50-50-102 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-102
50-50-102 Definitions
Status: in_force

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

(1) "Consumer" means a person who is a member of the public, takes possession of food, and does not offer the food for resale.

(2) "Contract cook" means a person who specializes in a home food service and prepares food in an individual's domestic residence only for members of that household and house guests.

(3) "Cottage food operation" means a person who provides, manufactures, or packages cottage food products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state.

(4) "Cottage food products" means foods that are not potentially hazardous and are processed or packaged in a cottage food operation, including jams, jellies, dried fruit, dry mixes, and baked goods. Other similar foods that are not potentially hazardous may be defined by the department by rule.

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

(6) "Direct sale" means a face-to-face purchase or exchange of the cottage food product between the manufacturer or packager of a cottage food product and a consumer or individual purchasing the cottage food product as a gift. The direct sale may not be by consignment or involve shipping or internet sales.

(7) "Domestic residence" means a single-family house or a unit in a multiunit residential structure, whether rented, leased, or owned by the person in charge of the cottage food operation.

(8) "Farmer's market" means a farm premises, a food stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority under 7-21-3301 .

(9) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption.

(10) "Large mobile food establishment" means a retail food establishment that is a mobile food establishment and that operates with three or more employees during peak hours.

(11) "Large retail food establishment" means a retail food establishment that is not a mobile food establishment and that operates with 10 or more employees during peak hours.

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

(13) "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.

(14) "Meat market" means an operation and buildings or structures in connection with the meat market that are used to process, store, or display meat or meat products for retail sale to the public or for human consumption.

(15) "Medium retail food establishment" means a retail food establishment that is not a mobile food establishment and that operates with between three and nine employees during peak hours.

(16) (a) "Mobile food establishment" means a retail food establishment that serves or sells food from a motor vehicle, a nonmotorized cart, a boat, or other movable vehicle that periodically or continuously changes location and requires a servicing area to accommodate the unit for cleaning, inspection, and maintenance.

(b) The term does not include:

(i) a motor vehicle used solely to transport or deliver food by a motorized carrier regulated by the state or the federal government;

(ii) a cottage food operation transport vehicle; or

(iii) a concession stand designed to operate as a temporary food establishment.

(17) "Nonprofit organization" means any organization qualifying as a tax-exempt organization under 26 U.S.C. 501.

(18) "Person" means an individual, a partnership, a corporation, an association, a cooperative group, the state or a political subdivision of the state, or other entity.

(19) "Potentially hazardous food" means food that requires time and temperature control for safety to limit toxin formation or the growth of pathogenic microorganisms.

(20) (a) "Raw agricultural commodity" means any food in its raw, unaltered state, including fruits, vegetables, aquaculture products as defined in 80-3-302 , raw honey, and grains. A raw agricultural commodity may be in a container if putting the commodity in a container does not alter the raw state.

(b) The term does not include an agricultural commodity that has been altered by being:

(i) cooked;

(ii) canned;

(iii) preserved, except for drying;

(iv) combined with other food products; or

(v) peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures.

(21) "Registered area" means the portion of a domestic residence that has been registered as provided in 50-50-117 and in which food ingredients intended for cottage food products are transported or stored or the domestic residence kitchen where cottage food products are processed, packaged, or stored.

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

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

(24) (a) "Retail food establishment" means an operation, whether mobile or at a temporary or stationary facility or location, that meets one or more of the conditions in subsections (24)(a)(i) and (24)(a)(ii) and that may include a central processing facility that supplies a transportation vehicle or a vending location or satellite feeding location. A retail food establishment:

(i) stores, processes, packages, serves, or vends food directly to the consumer or otherwise provides food for human consumption at a venue that may include:

(A) a restaurant;

(B) a market;

(C) a satellite or catered feeding location;

(D) a catering operation if the catering operation provides food directly to a consumer or to a conveyance used to transport people;

(E) a vending location;

(F) a conveyance used to transport people;

(G) an institution; or

(H) a food bank; and

(ii) relinquishes possession of food to a consumer directly or indirectly by using either a delivery service, as is done for grocery or restaurant orders, or a common carrier that provides deliveries.

(b) The term is not dependent on whether consumption is on or off the premises or whether there is a charge for food served to the public.

(c) 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;

(iii) growers or harvesters of raw agricultural commodities;

(iv) a cottage food operation;

(v) a person that sells or serves only commercially prepackaged foods that are not potentially hazardous;

(vi) a food stand that offers raw agricultural commodities;

(vii) a wholesale food establishment, including those wholesale food establishments that are located on the same premises as a retail food establishment;

(viii) a kitchen in a domestic residence used for preparing food to sell or serve at a function by a nonprofit organization as provided in subsection (24)(c)(xiii);

(ix) custom meat and game animal processors that receive from an owner the remains of a carcass and process those remains for delivery to the owner for the exclusive use in the owner's household by the owner or members of the owner's household, including the owner's family pets, or of the owner's nonpaying guests or employees. For this exemption to apply, the carcass must be kept separate from other meat food products and parts that are to be prepared for sale.

(x) private, religious, fraternal, youth, patriotic, or civic organizations that serve or sell food to the public over no more than 4 days in a 12-month period;

(xi) a private organization that serves food only to its members and their guests;

(xii) a bed and breakfast, a roominghouse, a guest ranch, an outfitting and guide facility, a boardinghouse, or a tourist home as defined in 50-51-102 that serves food only to registered guests and day visitors;

(xiii) a nonprofit organization that operates a temporary food establishment under a permit as provided in 50-50-120 ;

(xiv) persons who sell or serve at a farmer's market or a food stand whole shell eggs, hot coffee, hot tea, homemade food or a homemade food product pursuant to Title 50, chapter 49, or other food not meeting the definition of potentially hazardous, as authorized by the appropriate municipal or county authority;

(xv) a day-care center under 52-2-721 (1)(a) or day-care providers who are not subject to licensure under 52-2-721 (1)(a);

(xvi) a private domestic residence that receives catered or home-delivered food;

(xvii) a contract cook; or

(xviii) a provider of free samples to the public as a marketing activity if the provider is a licensed wholesale food establishment, a cottage food operation, or a seller at a farmer's market.

(25) "Small mobile food establishment" means a retail food establishment that is a mobile food establishment and that operates with no more than two employees during peak hours.

(26) "Small retail food establishment" means a retail food establishment that is not a mobile food establishment and that operates with no more than two employees during peak hours.

(27) "Temporary food establishment" means a retail food establishment that in a licensing year either:

(a) operates at a fixed location for no more than 21 days in conjunction with a single event or celebration; or

(b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days.

(28) (a) "Water hauler" means a person engaged in the business of transporting water for human consumption and use and that is not regulated as a public water supply system as provided in Title 75, chapter 6.

(b) The term does not include a person engaged in the business of transporting water for human consumption that is used for individual family households and family farms and ranches.

(29) "Year-round" has the same meaning as provided in 50-53-102 .
Mont. Code Ann. § 50-2-104 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-104
50-2-104 County boards of health
Status: in_force

50-2-104 . County boards of health. (1) There is a county board of health in each county consisting of:

(a) the county commissioners and two members who are appointed by the county commissioners and serve at their pleasure; or

(b) a minimum of five persons who are appointed by the county commissioners and serve at their pleasure.

(2) Terms of appointed members must be staggered and be for 3 years each.

(3) The county commissioners shall establish the staggered order of terms and all rules necessary to establish and maintain the board.
Mont. Code Ann. § 50-5-117 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-117
50-5-117 Economic credentialing of physicians prohibited -- definitions
Status: in_force

50-5-117 . Economic credentialing of physicians prohibited -- definitions. (1) Except to the extent necessary to determine physician competency or to comply with medicare or medicaid certification under Titles XVIII and XIX of the Social Security Act, respectively, or for accreditation by organizations that accredit hospitals or outpatient centers for surgical services, a hospital or an outpatient center for surgical services may not engage in economic credentialing by:

(a) requiring a physician requesting medical staff membership or medical staff privileges to agree to make referrals to that hospital, to an outpatient center for surgical services, or to any facility related to the hospital or the outpatient center for surgical services;

(b) refusing to grant staff membership or medical staff privileges or conditioning or otherwise limiting a physician's medical staff participation because the physician or a partner, associate, or employee of the physician:

(i) provides medical or health care services at, has an ownership interest in, or occupies a leadership position on the medical staff of a different hospital, hospital system, or health care facility; or

(ii) participates or does not participate in any particular health plan; or

(c) refusing to grant participatory status in a hospital or hospital system health plan or outpatient center for surgical services health plan to a physician who has medical staff privileges because the physician or a partner, an associate, or an employee of the physician provides medical or health care services at, has an ownership interest in, or occupies a leadership position on the medical staff of a different hospital, hospital system, or health care facility.

(2) Notwithstanding the prohibitions in subsection (1), a hospital or an outpatient center for surgical services may require recusal of a physician member of the board, the president of the medical staff of the hospital or outpatient center for surgical services, or the presiding officer of a medical staff committee from financial decisions and information related to the hospital or outpatient center for surgical services if the physician member of the board, the president of the hospital medical staff or outpatient center for surgical services staff, or the presiding officer of a medical staff committee has a conflict of interest relevant to those decisions or that information.

(3) For the purposes of this section, the following definitions apply:

(a) "Board" means the governing body or board of directors of a hospital or an outpatient center for surgical services.

(b) "Conflict of interest" means, notwithstanding the board's own conflict of interest policy, a situation in which a physician in a leadership position either individually or through an immediate family member, as defined in 15-30-3002 , or through a partner or employee of the physician has a financial interest in any health care facility that may compromise the board's fiduciary responsibility.

(c) (i) "Economic credentialing" means the denial of a physician's application for staff membership or clinical privileges to practice medicine in a hospital or an outpatient center for surgical services on criteria other than the individual's education, training, current competence, experience, ability, personal character, and judgment.

(ii) This term does not mean use by the hospital or the outpatient center for surgical services of:

(A) exclusive contracts with physicians if the contracts do not violate the unfair trade practices provisions of Title 30, chapter 14, part 2;

(B) medical staff on-call requirements if the on-call requirements do not violate the unfair trade practices and consumer protection provisions of 30-14-103 or Title 30, chapter 14, part 2;

(C) adherence to a formulary approved by the medical staff; or

(D) other medical staff policy adopted to manage health care costs or improve quality.

(d) "Health care facility" has the meaning provided in 50-5-101 .

(e) "Health plan" means a plan offered by any person, employer, trust, government agency, association, corporation, or other entity to provide, sponsor, arrange for, indemnify another for, or pay for health care services to eligible members, insureds, enrollees, employees, participants, beneficiaries, or dependents, including but not limited to a health plan provided by an insurance company, health service organization, health maintenance organization, preferred provider organization, self-insured health plan, captive insurer, multiple employee welfare arrangement, workers' compensation plan, medicare, or medicaid.

(f) "Physician" has the meaning provided in 37-3-102 .
Mont. Code Ann. § 50-4-708 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-708
50-4-708 Public records
Status: in_force

50-4-708 . Public records. All documents and records, excluding any proprietary or confidential information as defined by law, submitted to the commissioner or attorney general by any person, including a nonprofit health entity making application under 50-4-707 , in connection with the commissioner's and the attorney general's review of the proposed nonprofit health entity conversion transaction are public records to the extent required by the provisions of applicable state law. The contents of the application submitted to the commissioner pursuant to 50-4-707 are a public record, except that any proprietary information or trade secret that may by law be kept confidential is not a public record.
Mont. Code Ann. § 50-74-209 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-209
50-74-209 Required inspection intervals -- failure to comply with safety standards -- inspections through other states
Status: in_force

50-74-209 . Required inspection intervals -- failure to comply with safety standards -- inspections through other states. (1) (a) All manually fired boilers and all boilers and banks of boilers rated with a total input of 400,000 Btu's an hour or greater must be inspected at least once each year.

(b) All automatically fired boilers rated with an input of less than 400,000 Btu's an hour must be inspected at least once every 2 years, except that an automatically fired boiler in a school, day-care center, hospital, rest home, retirement center, or place of assembly with a capacity for more than 100 persons must be inspected once a year.

(c) Boilers exempt under the provisions of 50-74-103 do not require inspections.

(d) Upon written application, longer inspection intervals may be authorized by the department.

(2) In addition to the inspection required by subsection (1), it is the duty of each inspector to examine at proper times, when in the inspector's opinion an examination is necessary, all boilers that have become unsafe from any cause and to notify the owner or the person using the boilers of any defect and what repairs are necessary to render them safe.

(3) If a boiler is found, upon inspection, to violate safety standards set forth in rules referred to in 50-74-101 , the department shall order the owner of the boiler to comply with the standards. An owner who negligently or knowingly fails to comply with an order is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $50 or more than $100, imprisonment for not more than 60 days in a county detention center, or both.

(4) The department may accept valid inspections for traction engines that have been performed by other states.
Mont. Code Ann. § 50-32-231 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-231
50-32-231 Criteria for placement of drug in Schedule V
Status: in_force

50-32-231 . Criteria for placement of drug in Schedule V. The board shall place a drug in Schedule V if it finds that:

(1) the drug has low potential for abuse relative to the controlled drugs listed in Schedule IV;

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

(3) the drug has limited physical dependence or psychological dependence liability relative to the dangerous drugs listed in Schedule IV.
Mont. Code Ann. § 50-32-228 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-228
50-32-228 Criteria for placement of drug in Schedule IV
Status: in_force

50-32-228 . Criteria for placement of drug in Schedule IV. The board shall place a drug in Schedule IV if it finds that:

(1) the drug has a low potential for abuse relative to drugs in Schedule III;

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

(3) abuse of the drug may lead to limited physical dependence or psychological dependence relative to the drugs in Schedule III.
Mont. Code Ann. § 50-4-1004 — MT Code / Title 50 / Chapter 4 / Part 10 / Section 50-4-1004
50-4-1004 Prohibitions
Status: in_force

50-4-1004 . Prohibitions. (1) (a) Except as provided in subsection (1)(c), a person may not knowingly provide the following medical treatments to a female minor to address the minor's perception that her 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 (1)(c), a person may not knowingly provide the following medical treatments to a male minor to address the minor's perception that his 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.

(c) The medical treatments listed in subsections (1)(a) and (1)(b) are prohibited only when knowingly provided to address a female minor's perception that her gender or sex is not female or a male minor's perception that his gender or sex is not male. Subsections (1)(a) and (1)(b) do not apply for other purposes, including:

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

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

(B) 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; and

(ii) treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by a medical treatment listed in subsection (1)(a) or (1)(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.

(2) If a health care professional or physician violates subsection (1)(a) or (1)(b):

(a) the health care professional or physician has engaged in unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. That discipline must include suspension of the ability to administer health care or practice medicine for at least 1 year.

(b) parents or guardians of the minor subject to the violation have a private cause of action for damages and equitable relief as the court may determine is justified. The court may also award reasonable attorney fees and court costs to a prevailing party.

(3) Public funds may not be directly or indirectly used, granted, paid, or distributed to any individual, entity, or organization for the purposes of providing the medical treatments prohibited in subsection (1)(a) or (1)(b).

(4) Any individual or entity that receives state funds to pay for or subsidize the treatment of minors for psychological conditions, including gender dysphoria, may not use state funds to promote or advocate the medical treatments prohibited in subsection (1)(a) or (1)(b).

(5) Any amount paid by an individual or entity during a tax year for the provision of the procedures described in subsection (1)(a) or (1)(b) is not tax deductible under state law.

(6) The Montana medicaid and children's health insurance programs may not reimburse or provide coverage for the medical treatments prohibited in subsection (1)(a) or (1)(b).

(7) Except to the extent required by the first amendment to the United States constitution, state property, facilities, or buildings may not be knowingly used to promote or advocate the use of social transitioning or the medical treatments prohibited in subsection (1)(a) or (1)(b).

(8) A health care professional or physician employed by the state or a county or local government may not, while engaged in the official duties of employment, knowingly provide the medical treatments prohibited in subsection (1)(a) or (1)(b).

(9) State property, facilities, or buildings may not knowingly be used to provide the medical treatments prohibited in subsection (1)(a) or (1)(b).

(10) A state employee whose official duties include the care of minors may not, while engaged in those official duties, knowingly provide or promote the medical treatments prohibited in subsection (1)(a) or (1)(b).

(11) The attorney general may bring an action to enforce compliance with this section.
Mont. Code Ann. § 50-73-306 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-306
50-73-306 Operator to give notice of happening of certain occurrences
Status: in_force

50-73-306 . Operator to give notice of happening of certain occurrences. Immediate notice must be conveyed to the department by the operator interested:

(1) when an accident occurs whereby a person receives serious or fatal injury;

(2) when work is commenced to sink a shaft, slope, or drift either for hoisting or escape purposes;

(3) when there is intent to abandon a mine or to reopen an abandoned mine;

(4) upon the appearance of a large body of firedamp in a mine, whether accompanied by explosion or not, and upon the occurrence of a serious fire within the mine or on the surface around the mine;

(5) when the workings of a mine are approaching near an abandoned mine believed to contain accumulation of water or gas; or

(6) upon the accidental closing or intended abandonment of a regularly established passageway to an escape outlet.
Mont. Code Ann. § 50-73-404 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-404
50-73-404 Right of employees' representative and mine owner to accompany department during inspection
Status: in_force

50-73-404 . Right of employees' representative and mine owner to accompany department during inspection. The employees' representative has the right to accompany the department in making an official mine inspection. The owner or operator has the right to personally accompany the department while inspecting the owner's or operator's property or to designate someone to accompany the department.
Mont. Code Ann. § 50-37-105 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-105
50-37-105 Permissible fireworks
Status: in_force

50-37-105 . Permissible fireworks. Permissible fireworks include and are limited to those that meet the definition of consumer fireworks as provided in 27 CFR 555.11 and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in 16 CFR, parts 1500 and 1507.
Mont. Code Ann. § 50-42-101 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-101
50-42-101 DMSO defined
Status: in_force

50-42-101 . DMSO defined. As used in this part, "DMSO" means dimethyl sulfoxide.
Mont. Code Ann. § 50-31-511 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-511
50-31-511 Cell-cultured edible product -- prohibition -- rulemaking authority -- definition
Status: in_force

50-31-511 . Cell-cultured edible product -- prohibition -- rulemaking authority -- definition. (1) It is unlawful for a person to manufacture for sale, sell, hold or offer for sale, or distribute cell-cultured edible product in this state.

(2) The department may adopt rules to implement this section.

(3) As used in 50-31-512 and this section, the following definitions apply:

(a) "Cell-cultured edible product" has the same meaning as provided in 50-31-103 .

(b) "Retail food establishment" has the same meaning as provided in 50-50-102 .
Mont. Code Ann. § 50-15-710 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-710
50-15-710 Immunity from liability
Status: in_force

50-15-710 . Immunity from liability. A person other than the department may not be held liable in a civil or criminal action for complying with the reporting requirements of 50-15-703 or for lawfully using information provided by the tumor registry in a manner that does not violate the Tumor Registry Act.
Mont. Code Ann. § 50-18-112 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-112
50-18-112 Infected person not to expose another to sexually transmitted disease
Status: in_force

50-18-112 . Infected person not to expose another to sexually transmitted disease. A person infected with a sexually transmitted disease may not knowingly expose another person to infection.
Mont. Code Ann. § 50-19-211 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-211
50-19-211 Statewide genetics program established
Status: in_force

50-19-211 . Statewide genetics program established. (1) A combined, comprehensive statewide genetics program is established in the department to ensure the availability of services that include but are not limited to:

(a) comprehensive clinical and self-supporting laboratory genetic services, including but not limited to cytogenetics, DNA, and special chemistry, to all areas of the state and all segments of the population;

(b) counseling and testing programs for the diagnosis and management of genetic conditions; and

(c) educational programs for physicians, allied health professionals, and the public with respect to:

(i) the nature of genetic processes;

(ii) the inheritance patterns of genetic conditions; and

(iii) the means, methods, and facilities available to diagnose, counsel, and treat genetic conditions.

(2) When the department contracts for genetics services under this section, it shall preferably contract with a single entity that is able to provide the combined, comprehensive program. The department and the contractor shall administer the contract in the most cost-effective means practicable.
Mont. Code Ann. § 50-2-107 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-107
50-2-107 District boards of health
Status: in_force

50-2-107 . District boards of health. (1) By mutual agreement, two or more adjacent counties may unite to create a district board of health. First- and second-class cities located in those counties may elect to be included in the district.

(2) A district board of health consists of:

(a) one person appointed by the county commissioners of each county in the district who serves at the pleasure of the appointing commissioners;

(b) one person appointed by the governing body of each city that elects to be included in the district who serves at the pleasure of the appointing governing body;

(c) additional members appointed by the county commissioners of each county that participates in the district board as mutually agreed upon who serve at the pleasure of the appointing commissioners.
Mont. Code Ann. § 50-16-511 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-511
50-16-511 Duty to adopt security safeguards
Status: in_force

50-16-511 . Duty to adopt security safeguards. A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.
Mont. Code Ann. § 50-60-603 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-603
50-60-603 Electrical codes to be adopted by department by rule
Status: in_force

50-60-603 . Electrical codes to be adopted by department by rule. (1) The department of labor and industry shall adopt rules relating to the installation of wires and equipment to convey electrical current and installations of apparatus to be operated by current, except as provided in 50-60-602 .

(2) The department may adopt by reference the national fire protection association standard NFPA 70, national electrical code, in whole or in part, and may adopt rules more stringent than those in the national fire protection association standard NFPA 70, national electrical code.
Mont. Code Ann. § 50-31-311 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-311
50-31-311 New drug application required
Status: in_force

50-31-311 . New drug application required. (1) Except as provided in Title 50, chapter 42, a person may not sell, deliver, offer for sale, hold for sale, or give away any new drug unless:

(a) an application with respect to the drug has been approved and the approval has not been withdrawn under section 505 of the federal act (21 U.S.C. 355); or

(b) when not subject to the federal act, the drug has been tested and has been found to be safe for use and effective in use under the conditions prescribed, recommended, or suggested in the labeling of the drug and, prior to selling or offering for sale the drug, there has been filed with the department an application setting forth:

(i) full reports of investigations that have been made to show whether or not the drug is safe for use and whether the drug is effective in use;

(ii) a full list of the articles used as components of the drug;

(iii) a full statement of the composition of the drug;

(iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug;

(v) samples of the drug and of the articles used as components of the drug that the department may require; and

(vi) specimens of the labeling proposed to be used for the drug.

(2) An application provided for in subsection (1)(b) becomes effective on the 180th day after the filing of the application. However, if the department finds, after due notice to the applicant and giving the applicant an opportunity for a hearing, that the drug is not safe or not effective for use under the conditions prescribed, recommended, or suggested in the proposed labeling of the drug, the department shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.

(3) An order refusing to permit an application under this section to become effective may be revoked by the department.
Mont. Code Ann. § 50-49-202 — MT Code / Title 50 / Chapter 49 / Part 2 / Section 50-49-202
50-49-202 Definitions
Status: in_force

50-49-202 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Deliver" means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer's designated agent at a farm, ranch, home, office, traditional community social event, other private property, or another location agreed to between the producer or agent and the informed end consumer.

(2) "Home consumption" means:

(a) the consumption of food or a food product in a private home; or

(b) the consumption of food or a food product from a private home.

(3) "Homemade" means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.

(4) "Informed end consumer" means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.

(5) (a) "Producer" means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.

(b) The term does not include the entities listed in 50-49-203 (1)(c).

(6) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.

(7) "Traditional community social event" means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:

(a) wedding;

(b) funeral;

(c) church or religious social;

(d) school event;

(e) farmer's market;

(f) potluck;

(g) neighborhood gathering;

(h) club meeting or social; or

(i) youth or adult outdoor club or sporting event.

(8) "Transaction" means an exchange of buying and selling, including the transfer of a product by delivery.
Mont. Code Ann. § 50-1-404 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-404
50-1-404 Terminated
Status: in_force

50-1-404 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-78-101 — MT Code / Title 50 / Chapter 78 / Part 1 / Section 50-78-101
50-78-101 Short title
Status: in_force

50-78-101 . Short title. This chapter may be known and cited as the "Employee and Community Hazardous Chemical Information Act".
Mont. Code Ann. § 50-50-211 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-211
50-50-211 Notice and hearing required
Status: in_force

50-50-211 . Notice and hearing required. (1) The department may not deny or cancel the license of a retail food establishment without delivering to the applicant or licensee a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled. To request a hearing, the licensee shall make a written request to the department within 10 days after notice of the grounds or charges has been received.

(2) A local regulatory authority may not deny or cancel a temporary food establishment permit without delivering to the applicant or permitholder a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the local board of health to show cause, if any, why the permit should not be denied or canceled. To request a hearing, the permitholder shall make a written request to the local board of health within 10 days after notice of the grounds or charges has been received. This subsection does not prohibit the cancellation of a permit in the event of an immediate threat to the public health. The permitholder retains the right of appeal.
Mont. Code Ann. § 50-60-507 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-507
50-60-507 Application for and issuance of permit
Status: in_force

50-60-507 . Application for and issuance of permit. (1) A person required to apply for a permit shall apply on a form provided by the department of labor and industry or its authorized representative. The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy, and use of the premises in connection with the work.

(2) The department or its authorized representative may require sketches, specifications, or drawings and other information it considers necessary in order to determine the scope of the work contemplated.

(3) If the department determines that the sketches, specifications, drawings, descriptions, and information furnished by the applicant are in compliance with the state plumbing code, it shall issue the permit applied for upon payment of the required fee as established by the department.
Mont. Code Ann. § 50-4-106 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-106
50-4-106 Definitions
Status: in_force

50-4-106 . Definitions. As used in 50-4-106 through 50-4-109 , the following definitions apply:

(1) "Direct fee" means a fee charged by a health care provider to a patient or a patient's designee for health care services provided by, or to be provided by, the health care provider to the patient. The term includes a fee in any form, including but not limited to a:

(a) monthly retainer;

(b) membership fee;

(c) subscription fee;

(d) fee paid under a direct patient service agreement; or

(e) fee for a service, visit, or episode of care.

(2) "Direct patient care" means a health care service provided by a health care provider to a patient in return for payment in accordance with a direct fee. The term includes services provided by means of telehealth as defined in 33-22-138 .

(3) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.

(4) "Health care services" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.
Mont. Code Ann. § 50-60-704 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-704
50-60-704 Scope
Status: in_force

50-60-704 . Scope. (1) This part covers the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of the following equipment, associated parts, and hoistways:

(a) hoisting and lowering mechanisms equipped with a car or platform, which move between two or more landings, including but not limited to:

(i) elevators; and

(ii) platform lifts and stairway chairlifts;

(b) power-driven stairways and walkways for carrying persons between landings, including but not limited to:

(i) escalators; and

(ii) moving walks;

(c) hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including but not limited to:

(i) dumbwaiters; and

(ii) material lifts and dumbwaiters with automatic transfer devices; and

(d) automatic guided transit vehicles on guideways with an exclusive right-of-way, including but not limited to automated people movers.

(2) The department shall adopt rules designating equipment that is not subject to the provisions of this part, including but not limited to certain types of:

(a) personnel hoists;

(b) material hoists;

(c) manlifts;

(d) mobile scaffolds, towers, and platforms;

(e) powered platforms and equipment for exterior and interior maintenance;

(f) conveyors and related equipment;

(g) cranes, derricks, hoists, hooks, jacks, and slings;

(h) industrial trucks;

(i) portable equipment, except for portable escalators that are covered by this part;

(j) tiering or piling machines used to move materials to and from storage that are located and operating entirely within one story;

(k) equipment for feeding or positioning materials at machine tools, printing presses, and similar locations;

(l) furnace hoists;

(m) railroad car lifts or dumpers; and

(n) moving platforms and similar equipment used by an elevator contractor for installing an elevator.

(3) This part does not apply to private residences or farm and ranch operations.
Mont. Code Ann. § 50-15-109 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-109
50-15-109 Certificates
Status: in_force

50-15-109 . Certificates. (1) All certificates must include information required by the department.

(2) Local registrars shall forward original certificates to the department, file a duplicate copy with the county clerk and recorder, and, unless the certificate is filed electronically, retain a triplicate copy.

(3) Local registrars may not issue certified copies of certificates.

(4) Certificates filed within 1 year after the time prescribed by the department are prima facie evidence of the facts stated in the certificates. Data pertaining to the father of a child is prima facie evidence only if the alleged father is the husband of the mother. If the alleged father is not the husband of the mother, data pertaining to the alleged father is not evidence in any proceedings adverse to the alleged father's interests, heirs, next of kin, devisees, legatees, or other successors in interest.
Mont. Code Ann. § 50-16-512 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-512
50-16-512 Content and dissemination of notice
Status: in_force

50-16-512 . Content and dissemination of notice. (1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a notice of information practices, in substantially the following form:

NOTICE

"We keep a record of the health care services we provide for you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it at ............"

(2) The health care provider shall post a copy of the notice of information practices in a conspicuous place in the health care facility and upon request provide patients or prospective patients with a copy of the notice.
Mont. Code Ann. § 50-15-302 — MT Code / Title 50 / Chapter 15 / Part 3 / Section 50-15-302
50-15-302 Clerk to report decree of dissolution or declaration of invalidity of marriage
Status: in_force

50-15-302 . Clerk to report decree of dissolution or declaration of invalidity of marriage. (1) At the same time a decree of dissolution or declaration of invalidity of marriage is filed, the clerk of court shall prepare a report to the department on the form prescribed by the department. Parties to the action or their attorneys shall supply the clerk with necessary information.

(2) The report must include the:

(a) name, age, birthplace, residence, race or color, and occupation of each party;

(b) number, date, and place of any previous marriage of either party;

(c) number of children under 18 years of age in custody of either party and residing with the party;

(d) grounds for the action;

(e) number of the cause of action;

(f) county and judicial district where the action is filed; and

(g) date of judgment and the party that was granted it.
Mont. Code Ann. § 50-5-702 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-702
50-5-702 Lay caregiver -- designation
Status: in_force

50-5-702 . Lay caregiver -- designation. (1) (a) As soon as practicable after a patient's entry and before the patient's discharge or transfer, a hospital shall provide the patient or, if applicable, the patient's legal representative with at least one opportunity to designate at least one lay caregiver.

(b) If the patient is unconscious or otherwise incapacitated upon entry, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a lay caregiver as soon as practicable after the patient regains consciousness or capacity.

(2) If the patient or the patient's legal representative declines to designate a lay caregiver, the hospital shall appropriately document the decision.

(3) If a lay caregiver is designated pursuant to this section, the hospital shall:

(a) promptly request the written consent of the patient or legal representative to release medical information to the lay caregiver, using the hospital's established procedures for releasing personal health information and in compliance with all state and federal laws governing release of the information; and

(b) appropriately document the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver.

(4) If the patient or the patient's legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver as provided in 50-5-703 or to provide information contained in the discharge plan developed pursuant to 50-5-704 .

(5) A patient or the patient's legal representative may change the designated lay caregiver at any time. The hospital shall appropriately document the change as soon as practicable.

(6) A person designated as a lay caregiver pursuant to this section is not obligated to perform any aftercare tasks for a patient.

(7) This section may not be construed to require a patient or a patient's legal representative to designate a lay caregiver.
Mont. Code Ann. § 50-51-401 — MT Code / Title 50 / Chapter 51 / Part 4 / Section 50-51-401
50-51-401 Civil penalties -- injunctions not barred
Status: in_force

50-51-401 . Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.

(2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.
Mont. Code Ann. § 50-32-232 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-232
50-32-232 Specific dangerous drugs included in Schedule V
Status: in_force

50-32-232 . Specific dangerous drugs included in Schedule V. Schedule V consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following is a narcotic drug, including its salts, calculated as the free anhydrous base or alkaloid in limited quantities as set forth in subsections (1)(a) through (1)(f), which include one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

(a) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(b) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(c) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(d) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(e) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and

(f) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(2) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.

(3) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(a) lacosamide, also known as (R)-2-acetoamido-N-benzyl-3-methoxy-propionamide or vimpat;

(b) pregabalin, also known as (S)-3-(aminomethyl)-5-methylhexanoic acid or lyrica; and

(c) gabapentin, also known as 1-(aminomethyl)cyclohexaneacetic acid.

(4) Anticonvulsant substances include the following:

(a) ezogabine;

(b) brivaracetam;

(c) cenobamate; and

(d) ganaxalone.

(5) Antimigraine substances including lasmiditan.
Mont. Code Ann. § 50-17-109 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-109
50-17-109 Order of commitment -- warrant for transportation
Status: in_force

50-17-109 . Order of commitment -- warrant for transportation. If a person is committed pursuant to 50-17-108 to a hospital for examination or to a treatment location for treatment, the court shall:

(1) send certified copies of an order of commitment to:

(a) the hospital at which the person is to be examined; or

(b) the person who will supervise the course of treatment at the treatment location; and

(c) the department and local board of health; and

(2) issue a warrant directed to the sheriff to transport the person to the designated hospital or treatment location.
Mont. Code Ann. § 50-16-806 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-806
50-16-806 Privacy of electronic health records
Status: in_force

50-16-806 . (Effective July 1, 2026) Privacy of electronic health records. (1) Except as provided in subsection (2) of this section, a health care provider requesting that a medical laboratory test for a patient is performed may not engage in information blocking as that term is defined in 42 U.S.C. 300jj-52.

(2) The following reports or test results and any other related results must be disclosed to a patient as part of the patient's electronic health record 72 hours after the results are finalized or when the patient's health care provider directs the release of the results, whichever occurs first:

(a) pathology reports or radiology reports that have a reasonable likelihood of showing a finding of new or recurring malignancy;

(b) tests that could reveal genetic markers;

(c) a positive HIV diagnostic test, as that term is defined in 50-16-1003 ; or

(d) the presence of antigens indicating a hepatitis infection.

(3) Nothing in this section modifies or supersedes an individual's right to amend medical records provided under 45 CFR 164.526.

(4) For the purposes of this section, "electronic health record" means an electronic system designed and used to integrate and aggregate electronic health care information from multiple sources, including, as applicable, a patient's medical history, diagnoses, treatment plans, immunization dates, allergies, radiology images, pharmacy records, laboratory orders and final results, and clinical and procedural notes from health care providers and the various medical and surgical specialties involved in the care of patients.
Mont. Code Ann. § 50-23-103 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-103
50-23-103 Quarantine -- destruction -- testing
Status: in_force

50-23-103 . Quarantine -- destruction -- testing. (1) Whenever a person unlawfully possesses a wild animal, the department of public health and human services or the department of livestock may impound the animal and take any other action considered reasonable to protect public health.

(2) If a wild animal, whether unlawfully or lawfully in the possession of a person, has bitten or otherwise exposed a person to the possibility of contracting rabies, the animal may be impounded by the department of public health and human services, the department of livestock, or a local health officer and either quarantined or destroyed and the animal's brain may be tested for rabies.

(3) A lawfully possessed wild animal that is quarantined pursuant to subsection (2) and found not to be rabid must be returned to its owner.
Mont. Code Ann. § 50-32-203 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-203
50-32-203 Effect of rescheduling under federal law
Status: in_force

50-32-203 . Effect of rescheduling under federal law. If any drug is designated, rescheduled, or deleted as a "controlled substance" under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a "controlled substance" or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall cause the reasons for objection to be published and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall publish the board's decision which shall be final unless altered thereafter by the board or by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board's decision is published.
Mont. Code Ann. § 50-2-112 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-112
50-2-112 District board appropriations
Status: in_force

50-2-112 . District board appropriations. (1) District boards are financed by appropriations from the general funds of each county in the district in proportion to the population in each county.

(2) First- and second-class cities which elect to be included in the district contribute to the county in which they are located in the way provided for city-county boards under 50-2-111 .

(3) All funds shall be deposited with the county treasurer of one of the counties as agreed upon by the commissioners of the counties in the district. The county treasurer shall disburse the funds as county funds.
Mont. Code Ann. § 50-5-220 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-220
50-5-220 Licensure of outdoor behavioral programs -- exemption
Status: in_force

50-5-220 . Licensure of outdoor behavioral programs -- exemption. (1) The department shall provide for licensure of a qualified outdoor behavioral program that accepts public funding. An outdoor behavioral program that does not accept public funds or governmental contracts is exempt from licensure.

(2) The department shall develop administrative rules for licensure that must include program requirements, staff requirements, staff-to-youth ratios, staff training and health requirements, youth admission requirements, water and nutritional requirements, health care and safety, environmental requirements, infectious disease control, transportation, and evacuation. The department may accept accreditation by a nationally recognized accrediting or certifying body but may not require the accreditation.
Mont. Code Ann. § 50-15-111 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-111
50-15-111 Certified copy fees -- transfer
Status: in_force

50-15-111 . Certified copy fees -- transfer. (1) The department shall prescribe, by rule, a fee for:

(a) a certified copy of certificates or records other than a death certificate;

(b) a search of files or records when a copy is not made;

(c) a copy of information provided for statistical or administrative purposes as allowed by law;

(d) the replacement of a birth certificate subsequent to adoption, legitimation, paternity determination or acknowledgment, or court order;

(e) filing a delayed registration of a vital event;

(f) the amendment of a vital record, after 1 year from the date of filing; and

(g) other services specified by this chapter or by rule.

(2) (a) The minimum fee for a death certificate must be:

(i) $16 for each certified copy, including any additional certified copies requested at the same time as the first certified copy; and

(ii) $14 for each informational copy of a death certificate.

(b) The department may, by rule, prescribe a fee for a death certificate that is higher than the minimum fee listed in subsection (2)(a).

(3) Fees received under subsection (1) must be deposited in the state special revenue fund to be used by the department for:

(a) the maintenance of indexes to vital records;

(b) the preservation of vital records; and

(c) the administration of the system of vital statistics.

(4) For fees received under subsection (2)(a), the department shall:

(a) transfer $1 of each fee to the department of labor and industry for use as provided in 37-19-204 ; and

(b) deposit the remainder of the fee in the state special revenue fund to be used by the department for the purposes listed in subsection (3)

(5) The department may not charge a fee for a replacement of a birth certificate under subsection (1)(d) to a former foster child who is under 21 years of age as provided in 52-2-629 .
Mont. Code Ann. § 50-20-603 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-603
50-20-603 Protection of unborn child capable of feeling pain from abortion
Status: in_force

50-20-603 . Protection of unborn child capable of feeling pain from abortion. (1) (a) A person may not perform or attempt to perform an abortion of an unborn child capable of feeling pain unless it is necessary to prevent a serious health risk to the unborn child's mother.

(b) For the purposes of this subsection (1), an unborn child is capable of feeling pain when it has been determined by the medical practitioner performing or attempting the abortion or by another medical practitioner on whose determination the medical practitioner relies that the probable gestational age of the unborn child is 20 or more weeks.

(2) Except in the case of a medical emergency, an abortion may not be performed or attempted unless the medical practitioner has first made a determination of the probable gestational age of the unborn child or relied on a determination made by another medical practitioner. In making this determination, the medical practitioner shall make inquiries of the woman and perform or cause to be performed medical examinations and tests that a reasonably prudent practitioner who is knowledgeable about the case and the medical conditions involved would consider necessary to perform in making an accurate diagnosis with respect to gestational age.

(3) When an abortion of an unborn child capable of feeling pain is necessary to prevent a serious health risk to the unborn child's mother, the medical practitioner shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No greater risk may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.
Mont. Code Ann. § 50-15-224 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-224
50-15-224 Sex change designation on birth certificate
Status: in_force

50-15-224 . Sex change designation on birth certificate. (1) The sex of a person designated on a birth certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of the person born in Montana has been changed by surgical procedure.

(2) The order must contain sufficient information for the department to locate the original birth certificate. If the person's name is to be changed, the order must indicate the person's full name as it appears on the original birth certificate and the full name to which it is to be amended.

(3) If the order directs the issuance of a new birth certificate that does not show amendments, the new birth certificate may not indicate on its face that it was amended.

(4) This section does not apply if the sex of a person was designated incorrectly on the original birth certificate due to a data entry error.
Mont. Code Ann. § 50-4-715 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-715
50-4-715 Criteria for attorney general approval of conversion transaction
Status: in_force

50-4-715 . Criteria for attorney general approval of conversion transaction. (1) The attorney general may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the attorney general may not disapprove the conversion transaction under the provisions of this part.

(2) In determining whether a conversion transaction is in the public interest, the attorney general shall require that:

(a) the fair market value of public assets is preserved and protected;

(b) the fair market value of public assets is expended or invested with reasonable and prudent consideration of the potential risk of financial loss associated with the conversion transaction;

(c) the fair market value of the public assets of a nonprofit health entity will be distributed as provided in 50-4-720 ;

(d) no part of the public assets of the transferor inure directly or indirectly to an officer, director, or trustee of the transferor or to the transferee or an officer, director, trustee, shareholder, or employee of the transferee or to any other person that is not a foundation or nonprofit organization approved to receive the assets by the attorney general; and

(e) an officer, director, or trustee of the nonprofit health entity does not receive any immediate or future remuneration as a result of a proposed conversion transaction except for the reasonable value of services rendered pursuant to a valid contract between the officer, director, or trustee and the nonprofit health entity.

(3) For purposes of the attorney general's review under 35-2-609 , 35-2-617 , and this section, there is a rebuttable presumption that the assets of a nonprofit health entity are public assets.
Mont. Code Ann. § 50-20-807 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-807
50-20-807 Right of intervention
Status: in_force

50-20-807 . Right of intervention. The legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.
Mont. Code Ann. § 50-5-106 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-106
50-5-106 Records and reports required of health care facilities -- confidentiality
Status: in_force

50-5-106 . Records and reports required of health care facilities -- confidentiality. (1) Health care facilities shall keep records and provide the records at the request of the department.

(2) Every licensed health care facility shall submit an annual report for the preceding calendar year to the department.

(3) Every hospital, critical access hospital, or rural emergency hospital that is operating as a nonprofit health care facility under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3), shall submit to the department:

(a) a copy of internal revenue service form 990 schedule H and associated worksheets; and

(b) both a financial assistance policy and a community benefit plan for the current calendar year.

(4) Reports required under this section must be provided to the department within 30 days of filing the required forms with the internal revenue service annually.

(5) Information received by the department through reports, inspections, or provisions of parts 1 and 2 may not be disclosed in a way that would identify patients. A department employee who discloses information that would identify a patient must be dismissed from employment and subject to the provisions of 45-7-401 and 50-16-551 , if applicable, unless the disclosure was authorized as permitted by law.

(6) Information and statistical reports from health care facilities that are considered necessary by the department for health planning and resource development activities must be made available to the public and the health planning agencies within the state. Applications by health care facilities for certificates of need and any information relevant to review of these applications, pursuant to part 3, must be accessible to the public.
Mont. Code Ann. § 50-74-101 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-101
50-74-101 Definition -- department to formulate rules
Status: in_force

50-74-101 . Definition -- department to formulate rules. (1) As used in this chapter, the term "department" means the department of labor and industry.

(2) The department shall adopt definitions and rules for the safe construction, installation, operation, inspection, and repair of equipment covered by this chapter. The definitions and rules must follow generally accepted nationwide engineering standards as published by the American society of mechanical engineers.
Mont. Code Ann. § 50-11-102 — MT Code / Title 50 / Chapter 11 / Part 1 / Section 50-11-102
50-11-102 Prohibited acts -- penalties
Status: in_force

50-11-102 . Prohibited acts -- penalties. (1) A person or entity, public or private, may not knowingly:

(a) perform or attempt to perform reproductive human cloning;

(b) participate in an attempt to perform reproductive human cloning;

(c) ship, transfer, or receive for any purpose an embryo for reproductive human cloning; or

(d) ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of reproductive human cloning.

(2) A violation of subsection (1)(a) or (1)(b), or both, is a felony.

(3) A violation of subsection (1)(c) or (1)(d), or both, is a misdemeanor.

(4) All fines collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 50-71-117 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-117
50-71-117 Public sector employer records and reports
Status: in_force

50-71-117 . Public sector employer records and reports. (1) Each public sector employer shall maintain records of occupational injuries, illnesses, and deaths as the department may require by rule.

(2) The department may inspect those records or require that the public sector employer submit those records to the department for its review.

(3) Except as otherwise provided by rule, a public sector employer complies with the requirements of this section if the public sector employer completes and submits a first report of injury form to the department or to the public sector employer's worker's compensation insurer within 30 days of the public sector employer becoming aware of an occupational injury, illness, or death suffered by a public sector employee.
Mont. Code Ann. § 50-20-804 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-804
50-20-804 Infant safety and protection
Status: in_force

50-20-804 . Infant safety and protection. (1) A health care provider present at the time an infant is born alive following an abortion or an attempted abortion shall:

(a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the infant as a reasonably diligent and conscientious health care provider would render to any other infant born alive at the same gestational age; and

(b) following the exercise of skill, care, and diligence required under subsection (1)(a), ensure the infant born alive is immediately transported and admitted to a medical facility.

(2) The requirements of this section may not be construed to prevent an infant's parents or guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including care or treatment that:

(a) is not necessary to save the life of the infant;

(b) has a potential risk to the infant's life or health that outweighs the potential benefit to the infant from the treatment or care; or

(c) will do no more than temporarily prolong the act of dying when death is imminent.
Mont. Code Ann. § 50-17-113 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-113
50-17-113 Voluntary release
Status: in_force

50-17-113 . Voluntary release. (1) If the physician for the person at the hospital or treatment location where the person has been committed and the department or local board that requested commitment concur that a person either does not have tuberculosis or has completed an approved course of treatment, the person must be released from the hospital or treatment location.

(2) The department or local board of health that requested commitment shall file a notice of date of release with the court that ordered commitment.
Mont. Code Ann. § 50-51-214 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-214
50-51-214 Notification of and validation by local health officer
Status: in_force

50-51-214 . Notification of and validation by local health officer. (1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located.

(2) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a license under this chapter, make a final decision on whether the license will be validated.

(3) Failure of the local health officer to validate the license within 15 days after its receipt is a refusal.
Mont. Code Ann. § 50-5-1308 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1308
50-5-1308 Immunity
Status: in_force

50-5-1308 . Immunity. (1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.

(2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.

(3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.

(4) The immunity provided by this section does not apply to:

(a) a health care facility that is owned or operated by the state or a political subdivision of the state;

(b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or

(c) health care providers who are employed by the state or a political subdivision of the state.
Mont. Code Ann. § 50-12-108 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-108
50-12-108 Disciplinary action prohibited
Status: in_force

50-12-108 . Disciplinary action prohibited. (1) A licensing board may not revoke, fail to renew, suspend, or take any action against a license issued under Title 37 to a health care provider based solely on the health care provider's recommendations to a patient regarding access to or provision of an experimental treatment.

(2) The department of public health and human services may not take action against:

(a) a health care provider's medicare certification based solely on the health care provider's recommendation that a patient have access to an experimental treatment; or

(b) a health care facility's license based solely on the facility's recommendation to a patient regarding access to or the provision of an experimental treatment in accordance with this part.
Mont. Code Ann. § 50-30-214 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-214
50-30-214 Thermal hazards
Status: in_force

50-30-214 . Thermal hazards. An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces.
Mont. Code Ann. § 50-12-205 — MT Code / Title 50 / Chapter 12 / Part 2 / Section 50-12-205
50-12-205 Palliative care consumer and professional information and education program
Status: in_force

50-12-205 . Palliative care consumer and professional information and education program. (1) There is a statewide palliative care consumer and professional information and education program in the department consisting of materials provided on the department's website.

(2) The program is intended to maximize the effectiveness of palliative care initiatives in Montana by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities.

(3) (a) The palliative care information available on the department's website must include but is not limited to information about:

(i) continuing educational opportunities for health care providers;

(ii) palliative care delivery in all settings, including but not limited to the home, hospitals, assisted living facilities, and nursing homes;

(iii) best practices for palliative care delivery; and

(iv) consumer education and referral information for palliative care, including hospice care.

(b) The information must include links to external resources.

(4) The department may develop and implement other palliative care initiatives that the department determines would further the purposes of this part.

(5) The department shall consult with the council in implementing this section.
Mont. Code Ann. § 50-1-206 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-206
50-1-206 Regulation of schools in matters of health
Status: in_force

50-1-206 . Regulation of schools in matters of health. (1) The department shall adopt regulations prescribing the requirements for school sites, water supply, sewage and waste disposal, and any other matters pertinent to the health and physical well-being of the pupils, teachers, and others who frequent schools.

(2) The department shall furnish to the districts copies of such regulations.
Mont. Code Ann. § 50-4-1203 — MT Code / Title 50 / Chapter 4 / Part 12 / Section 50-4-1203
50-4-1203 Safety and privacy in covered entities
Status: in_force

50-4-1203 . Safety and privacy in covered entities. (1) A covered entity shall designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males.

(2) A restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males may be used only by members of that sex. Except as provided in subsection (4), an individual may not enter a restroom, changing room, or sleeping quarters that is designated for females or males unless the individual is a member of the designated sex.

(3) A covered entity shall take reasonable steps to provide individuals with privacy from members of the opposite sex in designated restrooms, changing rooms, and sleeping quarters.

(4) This section does not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex:

(a) to perform custodial services or maintenance;

(b) to render medical assistance;

(c) to render law enforcement assistance; or

(d) to provide services or render aid during a natural disaster or declared emergency or if necessary to prevent a serious threat to good order and safety.

(5) (a) For any activity or event authorized by a public school during which students share sleeping quarters, a student may not be required to share sleeping quarters with a member of the opposite sex unless the other individual is a member of the student's family, such as a parent, guardian, sibling, or grandparent.

(b) In any other facility or setting in a public school where an individual may be in a state of undress in the presence of others, school personnel shall provide separate, private areas designated for use by individuals based on their sex. Except as provided in subsection (4), an individual may not enter a private area unless the individual is a member of the designated sex.

(6) This section may not be construed to prohibit a covered entity from:

(a) adopting policies necessary to accommodate individuals protected under the Americans with Disabilities Act of 1990 or young children or elderly persons in need of assistance;

(b) establishing single-occupancy restrooms, changing rooms, or sleeping quarters or family restrooms, changing rooms, or sleeping quarters; or

(c) redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex.
Mont. Code Ann. § 50-5-226 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-226
50-5-226 Placement in assisted living facilities
Status: in_force

50-5-226 . Placement in assisted living facilities. (1) An assisted living facility may provide personal-care services to a resident who is 18 years of age or older and in need of the personal care for which the facility is licensed under 50-5-227 .

(2) An assisted living facility licensed as a category A facility under 50-5-227 may not admit or retain a category A resident unless each of the following conditions is met:

(a) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.

(b) The resident may not have a stage 3 or stage 4 pressure ulcer.

(c) The resident may not have a gastrostomy or jejunostomy tube.

(d) The resident may not require skilled nursing care or other skilled services on a continued basis except for the administration of medications consistent with applicable laws and regulations.

(e) The resident may not be a danger to self or others.

(f) The resident must be able to accomplish activities of daily living with supervision and assistance based on the following:

(i) the resident may not be consistently and totally dependent in four or more activities of daily living as a result of a cognitive or physical impairment;

(ii) the resident may not have a severe cognitive impairment that renders the resident incapable of expressing needs or making basic care decisions; and

(iii) the resident requires physical assistance with at least one activity of daily living.

(3) An assisted living facility licensed as a category B facility under 50-5-227 may not admit or retain a category B resident unless each of the following conditions is met:

(a) The resident may require skilled nursing care or other services for more than 30 days for an incident, for more than 120 days a year that may be provided or arranged for by either the facility or the resident, and as provided for in the facility agreement.

(b) The resident may be consistently and totally dependent in more than four activities of daily living.

(c) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.

(d) The resident may not be a danger to self or others.

(e) The resident must have a practitioner's written order for admission as a category B resident and written orders for care.

(f) The resident must have a signed health care assessment, renewed on a quarterly basis by a licensed health care professional who:

(i) actually visited the facility within the calendar quarter covered by the assessment;

(ii) has certified that the particular needs of the resident can be adequately met in the facility; and

(iii) has certified that there has been no significant change in health care status that would require another level of care.

(4) An assisted living facility licensed as a category C facility under 50-5-227 may not admit or retain a category C resident unless each of the following conditions is met:

(a) The resident has a severe cognitive impairment that renders the resident incapable of expressing needs or of making basic care decisions.

(b) The resident may be at risk for leaving the facility without regard for personal safety.

(c) Except as provided in subsection (4)(b), the resident may not be a danger to self or others.

(d) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.

(5) (a) An assisted living facility licensed as a category D facility under 50-5-227 may be an independent facility or may share a facility with another licensed facility. A category D assisted living facility may not have more than 15 residents.

(b) An assisted living facility licensed as a category D facility may not admit or retain a category D resident unless each of the conditions in subsections (5)(c) and (5)(d) is met or a court has ordered diversion as provided in subsection (5)(f).

(c) The resident must be dependent on assistance for two or more activities of daily living and may require skilled nursing care or other services that may be provided or arranged for by either the facility or the resident or provided for in the facility agreement.

(d) The resident must be assessed by a practitioner or adjudged by a court as having been or potentially being a danger to self or others. The practitioner shall submit both a health care assessment, renewed on a monthly basis, and a written order for care that:

(i) provides information on behavioral patterns under which the category D resident may pose a threat to others and may need to be kept separate from other category D residents or residents in other categories of assisted care;

(ii) lists the conditions under which the category D resident can be reasonably, temporarily restrained, using protective restraints, medications, or confinement to avoid harm to the resident or others, if the category D assisted living facility elects to use these interventions;

(iii) includes a reason why a category D assisted living facility is more appropriate than other options for care and provides an assessment of the resident's needs and plan for care; and

(iv) indicates the timeframe over which the resident's health care status has remained the same or changed.

(e) A category D assisted living facility is not required to use reasonable, temporary restraints described in subsection (5)(d)(ii) and is not required to have seclusion and restraint rooms if the facility is not going to use the interventions. A category D assisted living facility must receive prior approval of the facility's seclusion and restraint policies before the facility utilizes the interventions.

(f) A court may order a diversion from an involuntary commitment to Montana state hospital or from the Montana mental health nursing care center as provided in 53-21-127 or 53-21-199 . A diversion ordered pursuant to 53-21-199 may be an involuntary commitment but must be treated as provided in 53-21-181 .

(g) The department shall provide specialized technical assistance to a category D assisted living facility to help the facility meet the evolving needs of the facility's residents and avoid the facility terminating services due to the increased behavioral support needs of the facility's residents.

(h) (i) The department shall develop and maintain a reimbursement model that secures adequate capacity in category D assisted living facilities to allow for sufficient bed space to divert as many people as possible from commitment to the Montana state hospital. The reimbursement model must include enhanced payments for higher acuity needs and higher rates for facilities that provide more individualized or intensive services to fewer than 15 residents.

(ii) By April 1, 2026, the department shall adopt rules and a reimbursement model to implement this subsection (5).

(6) For category B, C, and D residents, the assisted living facility shall specify services that it will provide in the facility admission criteria.

(7) The department shall develop standardized forms and education and training materials to provide to the assisted living facilities and to the licensed health care professionals who are responsible for the signed health care assessments provided for in subsection (3)(f). The use of the standardized forms is voluntary.

(8) The department shall provide by rule:

(a) an application or placement procedure informing a prospective resident and, if applicable, the resident's practitioner of:

(i) physical and mental standards for residents of assisted living facilities;

(ii) requirements for placement in a facility with a higher standard of care if a resident's condition deteriorates; and

(iii) the services offered by the facility and services that a resident may receive from third-party providers while the resident lives at the facility;

(b) standards to be used by a facility and, if appropriate, by a screening agency to screen residents and prospective residents to determine needed level of care and appropriateness of placement. An individual subject to 46-14-301 is not eligible to be placed in a category D assisted living facility.

(c) a method by which the results of any screening decision made pursuant to rules established under subsection (8)(b) may be appealed by the facility operator or by or on behalf of a resident or prospective resident;

(d) standards for operating a category A assisted living facility, including standards for the physical, structural, environmental, sanitary, infection control, dietary, social, staffing, and recordkeeping components of a facility and the storage and administration of over-the-counter and prescription medications;

(e) standards for operating a category B assisted living facility, which must include the standards for a category A assisted living facility and additional standards for assessment of residents, care planning, qualifications and training of staff, prevention and care of pressure sores, and incontinence care; and

(f) standards for operating a category C and a category D assisted living facility, which must include the standards for a category B assisted living facility and additional standards for resident assessment, the provision of specialty care to residents with cognitive impairments, and additional qualifications of and training for the administrator and direct-care staff. The standards for a category D assisted living facility must also include specific safety and restraint training.
Mont. Code Ann. § 50-30-211 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-211
50-30-211 Label defined
Status: in_force

50-30-211 . Label defined. "Label" means a display of written, printed, or graphic matter upon the immediate container ("immediate container" does not include package liners) of a substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto.
Mont. Code Ann. § 50-20-601 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-601
50-20-601 Short title
Status: in_force

50-20-601 . Short title. This part may be cited as the "Montana Pain-Capable Unborn Child Protection Act".
Mont. Code Ann. § 50-71-119 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-119
50-71-119 Report of inspection -- violations -- penalty -- appeal process
Status: in_force

50-71-119 . Report of inspection -- violations -- penalty -- appeal process. (1) (a) The department shall make a written report of each inspection conducted under 50-71-118 .

(b) The inspection report must include a list of violations of standards that the inspector discovered during the inspection. A violation of a standard by a public sector employee is attributable to the public sector employer for the purposes of this part.

(c) The department shall provide a copy of the inspection report to the public sector employer and to a representative of a labor organization that represents public sector employees at the workplace that was inspected.

(d) The public sector employer shall post a copy of the list of hazards included in the inspection report at one or more visible locations at the workplace that is the subject of the inspection report. The posting must be in a location likely to be seen by employees at that workplace.

(2) The department may issue a written citation to the public sector employer for a violation of a standard. The citation must specify:

(a) the nature of the violation;

(b) the standard that was violated; and

(c) a timeframe within which the public sector employer is required to correct the violation.

(3) (a) The department may impose upon a public sector employer a monetary penalty of not more than $1,000 for each violation for which a citation has been issued.

(b) The department may, in its sole discretion, waive or reduce a penalty under this subsection (3) if the public sector employer timely corrects or cures the violation for which the penalty was imposed.

(c) Monetary penalties collected pursuant to this subsection (3) must be deposited into the occupational safety and health administration fund provided for in 50-71-128 .

(4) (a) A public sector employer may appeal a citation or a penalty.

(b) An appeal to the department must be in writing and made within 30 days of the issuance of the citation.

(c) The appeal of a citation or a penalty is conducted as a contested case under Title 2, chapter 4.
Mont. Code Ann. § 50-5-210 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-210
50-5-210 Department to make rules -- standards for hospices
Status: in_force

50-5-210 . Department to make rules -- standards for hospices. (1) The department shall by rule establish standards for the licensure of a hospice. These standards must consider the terminally ill patient and the patient's family as a unit and require service delivery through a medically directed interdisciplinary team of professionals and volunteers acting under a defined hospice administration.

(2) A hospice must meet the standards of care defined by law for any skilled care it provides that normally would be provided by a licensed facility such as a hospital, skilled nursing facility, or home health agency.

(3) The department shall by rule establish standards for the licensure of a residential hospice facility.

(4) The department shall by rule establish standards for the licensure of a freestanding inpatient hospice facility in accordance with medicare certification regulations contained in 42 CFR, part 418, subparts C through E, as adopted by the department. To be licensed by the department, the facility must be managed directly by a medicare-certified hospice.
Mont. Code Ann. § 50-71-118 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-118
50-71-118 Inspections
Status: in_force

50-71-118 . Inspections. (1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer's workplaces. A department employee conducting an inspection shall, upon request, present appropriate credentials to the public sector employer. The department shall invite a representative of the public sector employer and a representative of any labor organization that represents employees of the public sector employer who are working at the workplace that is to be inspected to accompany the department employee on the inspection. The labor organization representative must be on paid status while accompanying the department employee on the inspection.

(2) An inspection may be performed:

(a) periodically without prior notice or scheduling;

(b) at the request of the public sector employer;

(c) as the result of a complaint of a violation of a safety or health standard at a public sector employer's workplace;

(d) as part of a department investigation following a report of an occupational injury, illness, or death; or

(e) following the issuance of a citation, after the public sector employer has been given a reasonable opportunity to correct any violation of standards.

(3) A public sector employer may not interfere with a department inspection conducted pursuant to this section.

(4) The department may not unreasonably interfere with the operations of a public sector employer while conducting an inspection. An unscheduled inspection does not constitute unreasonable interference with the public sector employer's operations.
Mont. Code Ann. § 50-6-308 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-308
50-6-308 Cancellation of license
Status: in_force

50-6-308 . Cancellation of license. The department may cancel a license if it finds that the licensee has:

(1) violated any provision of this part or any rule of the department or order of the department; and

(2) failed or refused to remedy or correct the violation.
Mont. Code Ann. § 50-6-505 — MT Code / Title 50 / Chapter 6 / Part 5 / Section 50-6-505
50-6-505 Liability limitations
Status: in_force

50-6-505 . Liability limitations. (1) An individual who provides emergency care or treatment by using an AED in compliance with this part and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.

(2) The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part have been met by the individual or entity:

(a) a person providing medical oversight of the AED program;

(b) the entity responsible for the AED program;

(c) an individual providing training to others on the use of an AED.
Mont. Code Ann. § 50-17-202 — MT Code / Title 50 / Chapter 17 / Part 2 / Section 50-17-202
50-17-202 Reporting and review of acute heart attack data
Status: in_force

50-17-202 . Reporting and review of acute heart attack data. To improve the response to and treatment of acute heart attacks, the department shall:

(1) require receiving hospitals to report to the national data platform information consistent with nationally recognized guidelines on the treatment of individuals with confirmed acute heart attacks;

(2) encourage hospitals, critical access hospitals, and emergency medical service providers that refer patients suffering acute heart attacks to a receiving hospital to participate in the national data platform;

(3) encourage health care professionals who provide care to patients with acute heart attacks to share data and discuss ways to improve the quality of care for the patients;

(4) encourage the use of evidence-based treatment guidelines for helping patients obtain ongoing community-based followup care in outpatient settings after discharge from a hospital; and

(5) work with hospitals, critical access hospitals, and emergency medical service providers to develop recommendations for improving the delivery of care to patients suffering acute heart attacks.
Mont. Code Ann. § 50-6-301 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-301
50-6-301 Findings
Status: in_force

50-6-301 . Findings. The legislature finds and declares that:

(1) the public welfare requires the establishment of minimum uniform standards for the operation of emergency medical services;

(2) the control, inspection, and regulation of persons providing emergency medical services or community-integrated health care is necessary to prevent or eliminate improper care that may endanger the health of the public; and

(3) the regulation of emergency medical services is in the interest of the social well-being and the health and safety of the state and all its people.
Mont. Code Ann. § 50-20-303 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-303
50-20-303 Definitions
Status: in_force

50-20-303 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(2) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.

(3) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's body.

(4) "Unborn child" means the offspring of human beings from conception until birth.
Mont. Code Ann. § 50-12-101 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-101
50-12-101 Short title
Status: in_force

50-12-101 . Short title. This part may be cited as the "Right to Try Act".
Mont. Code Ann. § 50-50-106 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-106
50-50-106 Injunctions
Status: in_force

50-50-106 . Injunctions. The regulatory authority may bring an action for an injunction against any continued violation of this chapter or rule adopted by the department under this chapter.
Mont. Code Ann. § 50-49-203 — MT Code / Title 50 / Chapter 49 / Part 2 / Section 50-49-203
50-49-203 Exemptions from regulations -- transactions -- information required -- exceptions
Status: in_force

50-49-203 . Exemptions from regulations -- transactions -- information required -- exceptions. (1) (a) A state agency or an agency of a political subdivision of the state may not require licensure, permitting, certification, packaging, labeling, testing, sampling, or inspection that pertains to the preparation, serving, use, consumption, delivery, or storage of homemade food or a homemade food product under this part.

(b) This part does not preclude an agency from providing assistance, consultation, or inspection requested by a producer.

(c) A producer is not:

(i) a retail food establishment, a cottage food operation, or a temporary food establishment, as each term is defined in 50-50-102 ;

(ii) a wholesale food manufacturing establishment, as defined in 50-57-102 ; or

(iii) a dairy or a manufactured dairy products plant, as defined in 81-22-101 .

(d) A producer is not subject to labeling, licensure, inspection, sanitation, or other requirements or standards of 30-12-301 ; Title 50, chapters 31 and 50; or Title 81, chapters 2, 9, 21, 22, or 23.

(2) Transactions pursuant to this part:

(a) must be directly between the producer and the informed end consumer;

(b) must be only for home consumption or consumption at a traditional community social event;

(c) must occur only in this state and may not involve interstate commerce; and

(d) are not subject to regulation by a board of county commissioners pursuant to 7-21-3301 .

(3) Except as provided in subsection (7), a producer shall inform an end consumer that any homemade food or homemade food product sold through ranch, farm, or home-based sales pursuant to this part has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.

(4) Except for raw, unprocessed fruit, vegetables, and aquaculture products as defined in 80-3-302 , homemade food may not be sold or used in a retail food establishment, as defined in 50-50-102 , unless the food has been licensed, permitted, certified, packaged, labeled, and inspected as required by law.

(5) Except as provided in subsection (6) and pursuant to this part, a producer may donate homemade food or homemade food products to a traditional community social event.

(6) A producer may not donate milk to a traditional community social event.

(7) (a) Except for a temporary food establishment subject to 50-50-120 , meat or meat products processed at a state-licensed establishment or a federally approved meat establishment, by the producer, or by any third party may not be used in preparation of homemade food that is sold pursuant to a transaction provided for in this part.

(b) Subsection (7)(a) does not apply to a producer who slaughters fewer than 1,000 poultry birds a year except that the producer is subject to the requirements of 9 CFR 381.10(c) and the recordkeeping requirements of 9 CFR 381.175. The poultry or poultry products may not be adulterated or misbranded.

(8) A small dairy shall:

(a) sample, test, or retest every 6 months for standard plate count, coliform count, and somatic cell count of milk or cream sold as homemade food pursuant to this part;

(b) sample, test, or retest every year for brucellosis for every lactating cow, lactating goat, or lactating sheep that is part of the small dairy; and

(c) maintain records for 2 years of all previous samples, tests, or retests, which must be provided to the department of livestock if the department suspects the small dairy is causing a foodborne illness.
Mont. Code Ann. § 50-77-107 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-107
50-77-107 Penalty for violation
Status: in_force

50-77-107 . Penalty for violation. Any person violating any of the provisions of the foregoing sections shall be fined not less than $100 or more than $200 for each offense.
Mont. Code Ann. § 50-15-121 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-121
50-15-121 Copies from system of vital statistics
Status: in_force

50-15-121 . Copies from system of vital statistics. (1) Except as provided in subsections (6) and (7), the department and county clerk and recorders shall, upon receipt of an application, issue a certified copy or copies of a vital record or a part of a vital record to the registrant, the registrant's spouse, children, parents, or guardian, or an authorized representative. Other individuals may obtain certified copies when the individual demonstrates that the record is needed for the determination or protection of the individual's personal or property rights. The department shall adopt rules to further define those who may obtain copies of vital records filed under this chapter.

(2) All applications, forms, and procedures used in the issuance of certified copies of vital records in the state must be uniform and prepared or approved by the department. All certified copies must contain security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection that there have been these changes to the document.

(3) Each copy issued must show the date of filing. Copies issued from amended records must be marked and must show the effective date of the amendment. Copies issued from delayed records must be marked, must include the date of filing, and must contain a statement of the evidence used to establish the delayed certificate. A copy issued of a certificate of foreign birth must indicate the fact of foreign birth and the date of birth (if known), must show the actual place of birth, and must state that the certificate is not proof of United States citizenship for the adoptive child.

(4) A certified copy or other copy of a death certificate must be issued upon request of any person.

(5) A certified copy of a vital record or any part of a vital record, issued in accordance with subsections (1) through (3), must be considered for all purposes the same as the original. The admissibility of a certificate or vital record filed more than 1 year after the event or after a corrective record is filed, of a vital record that has been amended, or of a certificate of foreign birth must be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.

(6) This section may not be construed to permit disclosure of confidential information contained in a birth certificate for medical or health use or of information for statistical purposes only contained in a certificate of marriage or report of dissolution of marriage unless disclosure is specifically authorized by law for statistical or research purposes or unless ordered by a court.

(7) (a) When the department receives information that a certificate may have been registered through fraud or misrepresentation, it shall withhold issuance of the certificate or any copy of that certificate pending issuance of an order after an administrative contested case hearing before the department to determine whether fraud or misrepresentation has occurred.

(b) The hearing provided for in subsection (7)(a) must be conducted pursuant to the Montana Administrative Procedure Act. In the proceeding, the department shall notify the registrant or the registrant's authorized representative and provide the registrant or the representative the opportunity to be heard.

(c) If, upon conclusion of the hearing, fraud or misrepresentation is not found, the department may issue the certificate or copies of the certificate in question.

(d) If, upon conclusion of the hearing, fraud or misrepresentation is found, the department may not register the certificate unless ordered to do so by a court.

(e) An affected person may appeal the department's decision to the district court as provided in Title 2, chapter 4, part 7.

(8) A person may not prepare or issue any certificate that purports to be an original or certified copy, except as authorized in this chapter or rules adopted to implement this chapter.

(9) The department may, by rule, prescribe details for the hearing and appellate procedures contained in this section.
Mont. Code Ann. § 50-30-212 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-212
50-30-212 Electrical hazards
Status: in_force

50-30-212 . Electrical hazards. An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock.
Mont. Code Ann. § 50-16-606 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-606
50-16-606 Correlation with Uniform Health Care Information Act
Status: in_force

50-16-606 . Correlation with Uniform Health Care Information Act. Health care information in the possession of a local board, local health officer, or the department because a health care provider employed by any of these entities provided health care to a patient, either individually or at a public health center or other publicly owned health care facility, is subject to the Uniform Health Care Information Act and not subject to this part.
Mont. Code Ann. § 50-19-405 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-405
50-19-405 Unauthorized disclosure -- civil penalty
Status: in_force

50-19-405 . Unauthorized disclosure -- civil penalty. A person aggrieved by the use of information obtained pursuant to 50-19-402 (2) for a purpose not authorized by 50-19-402 (3) or by a disclosure of that information in violation of 50-19-402 (2) may bring a civil action in the district court of the county of the person's residence for damages, costs, and fees as provided in 50-16-553 (6) through (8) or 50-16-817 .
Mont. Code Ann. § 50-16-1014 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1014
50-16-1014 Screening and pretest information
Status: in_force

50-16-1014 . Screening and pretest information. (1) Screening for HIV-related conditions must be considered routine and must be incorporated into the patient's general informed consent for medical care on the same basis as other screening and diagnostic tests.

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

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

(4) If a patient declines an HIV diagnostic test, this decision must be documented in the patient's medical record.
Mont. Code Ann. § 50-51-210 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-210
50-51-210 Submission of plan of correction as bar to cancellation
Status: in_force

50-51-210 . Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.
Mont. Code Ann. § 50-53-115 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-115
50-53-115 Special requirements for flow-through hot springs pools
Status: in_force

50-53-115 . Special requirements for flow-through hot springs pools. In addition to the other requirements of this chapter and rules promulgated under this chapter, flow-through hot springs pools must meet the following requirements:

(1) The temperature of the pool water must be 106 degrees F or less.

(2) The water must have sufficient clarity at all times so that a black disc, 6 inches in diameter, is readily visible when placed on a white field at the deepest point of the pool.

(3) The pool water must be maintained at a pH of no less than 7.2 and not greater than 9.4.

(4) The pool must provide sufficient water volume exchange to produce an 8-hour turnover of the entire volume of pool water to waste. In addition:

(a) the pool, and all surfaces that flow into the pool, must be drained, cleaned, and sanitized every 72 hours; or

(b) the pool must be disinfected, and a chlorine residual of 1 to 3 parts per million or a bromine residual of 3 to 6 parts per million must be maintained in the pool at all times.

(5) Signs must be prominently posted that specify pool rules and special health hazards associated with swimming or bathing in flow-through hot springs pools. The contents of the signs must be determined by department rule. The department, in developing rules under this section, shall consult with flow-through hot springs pool owners.
Mont. Code Ann. § 50-19-110 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-110
50-19-110 Birth or fetal death certificate to state whether test made
Status: in_force

50-19-110 . Birth or fetal death certificate to state whether test made. A birth or fetal death certificate shall state whether a standard serological test was made on the specimen of blood, but the birth or fetal death certificate may not show the result of the test. The certificate shall state the approximate date when the specimen was taken, and if no test was made, the reason shall be stated.
Mont. Code Ann. § 50-16-527 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-527
50-16-527 Patient authorization -- retention -- effective period -- exception -- communication without prior notice for workers' compensation purposes
Status: in_force

50-16-527 . Patient authorization -- retention -- effective period -- exception -- communication without prior notice for workers' compensation purposes. (1) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.

(2) Except for authorizations to provide information to third-party health care payors, an authorization may not permit the release of health care information relating to health care that the patient receives more than 6 months after the authorization was signed.

(3) Health care information disclosed under an authorization is otherwise subject to this part. An authorization becomes invalid after the expiration date contained in the authorization, which may not exceed 30 months. If the authorization does not contain an expiration date, it expires 6 months after it is signed.

(4) Notwithstanding subsections (2) and (3), a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116 , or to the agent of a workers' compensation insurer by the health care provider. The disclosure authorized by this subsection authorizes the physician or other health care provider to disclose or release only information relevant to the claimant's condition. Health care information relevant to the claimant's condition may include past history of the complaints of or the treatment of a condition that is similar to that presented in the claim, conditions for which benefits are subsequently claimed, other conditions related to the same body part, or conditions that may affect recovery. A release of information related to workers' compensation must be consistent with the provisions of this subsection. Authorization under this section is effective only as long as the claimant is claiming benefits. This subsection may not be construed to restrict the scope of discovery or disclosure of health care information as allowed under the Montana Rules of Civil Procedure, by the workers' compensation court, or as otherwise provided by law.

(5) A signed claim for workers' compensation or occupational disease benefits or a signed release authorizes a workers' compensation insurer, as defined in 39-71-116 , or the agent of the workers' compensation insurer to communicate with a physician or other health care provider about relevant health care information, as authorized in subsection (4), by telephone, letter, electronic communication, in person, or by other means, about a claim and to receive from the physician or health care provider the information authorized in subsection (4) without prior notice to the injured employee, to the employee's authorized representative or agent, or in the case of death, to the employee's personal representative or any person with a right or claim to compensation for the injury or death.
Mont. Code Ann. § 50-31-508 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-508
50-31-508 Injunction to restrain prohibited acts
Status: in_force

50-31-508 . Injunction to restrain prohibited acts. In addition to the remedies hereinafter provided, the department is hereby authorized to apply to district court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-31-204 , 50-31-208 , 50-31-501 , or 50-31-502 , irrespective of whether or not there exists an adequate remedy at law.
Mont. Code Ann. § 50-20-711 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-711
50-20-711 Criminal penalties
Status: in_force

50-20-711 . Criminal penalties. (1) A person who purposely or knowingly or negligently violates any provision of this part is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 20 years, or both. As used in this section, "purposely", "knowingly", and "negligently" have the meanings provided in 45-2-101 .

(2) A criminal penalty may not be assessed against the pregnant woman on whom the chemical abortion is attempted or performed.
Mont. Code Ann. § 50-76-107 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-107
50-76-107 Scope of license
Status: in_force

50-76-107 . Scope of license. A license granted under this chapter entitles the holder to operate any of the machinery named in 50-76-102 and 50-76-103 , and the license shall specify that machinery, but no license issued shall authorize or qualify the person to whom issued to operate a boiler, steam engine, steam-driven machinery, or air compressor.
Mont. Code Ann. § 50-78-402 — MT Code / Title 50 / Chapter 78 / Part 4 / Section 50-78-402
50-78-402 Complaints, investigation, and penalties
Status: in_force

50-78-402 . Complaints, investigation, and penalties. (1) An employee in a workplace covered by the OSHA standard who believes the employer is not complying with the provisions of the OSHA standard may report the alleged violation to the federal occupational safety and health administration.

(2) An employee who believes an employer is not complying with the provisions of this chapter may submit a written complaint to the local health officer, as defined and described in Title 50, chapter 2, part 1.

(3) If the local health officer chooses to act on the complaint, the officer shall:

(a) within 5 working days of receipt of the complaint, investigate the complaint and, in the event of an apparent violation, seek a corrective response from the employer;

(b) within 10 working days of receipt of a complaint, complete a report that details the findings of the investigation and the response of the employer;

(c) upon completion of the report, submit copies to the employee requesting the investigation, the county attorney, and the employer; and

(d) if the evidence suggests that the employer has violated the provisions of this chapter and the health officer does not receive a corrective response within 10 days of notifying the employer of the violation, file a complaint in the appropriate court or request appropriate action by the county attorney to prosecute the alleged violation.

(4) An employee may submit a written complaint to the county attorney.

(5) The county attorney shall investigate any complaint received and, if a violation appears to have occurred and the county attorney does not receive a corrective response within 10 days of notifying the employer of the violation, initiate appropriate court proceedings to prosecute the violation.

(6) A person found to be knowingly in violation of this chapter is guilty of a misdemeanor. Each day of violation is a separate offense.
Mont. Code Ann. § 50-10-101 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-101
50-10-101 Definitions
Status: in_force

50-10-101 . Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:

(1) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409 .

(2) "Attending advanced practice registered nurse" means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient.

(3) "Attending physician" has the meaning provided in 50-9-102 .

(4) "Board" means the state board of medical examiners.

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

(6) "DNR identification" means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the department, that signifies that the possessor is a qualified patient, as defined in 50-9-102 , or that the possessor's attending physician or attending advanced practice registered nurse has issued a do not resuscitate order for the possessor and has documented the grounds for the order in the possessor's medical file.

(7) "Do not resuscitate order" means a directive from a licensed physician or advanced practice registered nurse that emergency life-sustaining procedures should not be administered to a particular person.

(8) "Do not resuscitate protocol" means a standardized method of procedure, approved by the board and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by physicians, advanced practice registered nurses, and emergency medical services personnel.

(9) "Emergency medical services personnel" has the meaning provided in 50-9-102 .

(10) "Health care facility" has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102 .

(11) "Life-sustaining procedure" means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation.

(12) "Physician" means a person licensed under Title 37, chapter 3, to practice medicine in this state.
Mont. Code Ann. § 50-32-403 — MT Code / Title 50 / Chapter 32 / Part 4 / Section 50-32-403
50-32-403 Common reporting form
Status: in_force

50-32-403 . Common reporting form. (1) The department of justice must provide a common reporting form for the report required under 50-32-401 .

(2) The form must contain the following information:

(a) name of the substance;

(b) quantity of the substance sold, transferred, or furnished;

(c) the date the substance was sold, transferred, or furnished;

(d) the name and address of the person buying or receiving the substance; and

(e) the name and address of the manufacturer, wholesaler, or retailer.
Mont. Code Ann. § 50-62-101 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-101
50-62-101 Entering of buildings for purpose of examination authorized
Status: in_force

50-62-101 . Entering of buildings for purpose of examination authorized. An officer of the state fire prevention and investigation section of the department of justice or the chief or chief's designee of a governmental fire agency organized under Title 7, chapter 33, where a fire agency is established at all reasonable hours may, as authorized by law, enter into all buildings and upon all premises within the officer's, chief's, or designee's jurisdiction for the purpose of determining whether the building or premises conforms to laws and rules relating to fire hazards and fire safety.
Mont. Code Ann. § 50-5-310 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-310
50-5-310 Fees
Status: in_force

50-5-310 . Fees. (1) There is no fee for filing a letter of intent.

(2) An application for certificate of need approval must be accompanied by a fee that is at least equal to 0.3% of the capital expenditure projected in the application, except that the fee may not be less than $500.

(3) Fees collected under this section must be deposited in the general fund.
Mont. Code Ann. § 50-48-209 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-209
50-48-209 State special revenue account
Status: in_force

50-48-209 . State special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under 50-48-103 .
Mont. Code Ann. § 50-5-603 — MT Code / Title 50 / Chapter 5 / Part 6 / Section 50-5-603
50-5-603 Montana family practice training program
Status: in_force

50-5-603 . Montana family practice training program. (1) There is a Montana family practice training program to train resident physicians in family practice.

(2) The program is under the authority of the department, and the department shall contract with a nonprofit corporation organized under the laws of Montana or certified to do business in Montana, to coordinate the training of family practice resident physicians. The officers and directors of the corporation must be qualified by education, experience, and interest to administer and oversee family practice resident physician training activity.
Mont. Code Ann. § 50-79-102 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-102
50-79-102 Purpose
Status: in_force

50-79-102 . Purpose. It is the purpose of this chapter to provide a program:

(1) of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;

(2) to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;

(3) to establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source, and special nuclear materials; and

(4) to permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.
Mont. Code Ann. § 50-50-104 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-104
50-50-104 Cooperative agreements authorized
Status: in_force

50-50-104 . 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. § 50-72-104 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-104
50-72-104 Violations a misdemeanor
Status: in_force

50-72-104 . Violations a misdemeanor. (1) Any person who knowingly:

(a) violates or fails or refuses to comply with any order, rule, or regulation issued under this chapter;

(b) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;

(c) refuses to admit an authorized representative of the department to any mine which is subject to this chapter;

(d) refuses to permit the inspection or investigation of any mine which is subject to this chapter or an accident, injury, or occupational disease occurring in or connected with such a mine; or

(e) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter, shall be guilty of a misdemeanor and shall upon conviction thereof be punished for each such offense by a fine of not less than $100 or more than $3,000, by imprisonment in the county jail not exceeding 6 months, or both.

(2) In any instance in which such offense is committed by a corporation, any officer or authorized representative of such corporation who knowingly permits such offense to be committed shall upon conviction be subject to the same fine or imprisonment, or both.
Mont. Code Ann. § 50-57-101 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-101
50-57-101 Purpose
Status: in_force

50-57-101 . Purpose. This chapter provides for the licensure and regulation of wholesale food establishments to prevent and eliminate conditions and practices that endanger public health.
Mont. Code Ann. § 50-79-403 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-403
50-79-403 Emergency orders and rules
Status: in_force

50-79-403 . Emergency orders and rules. When the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue a rule or order reciting the existence of the emergency and requiring that such action be taken as considered necessary to meet the emergency. Notwithstanding any provision of this chapter to the contrary, the rule or order is effective immediately. A person to whom the rule or order is directed shall comply with it immediately but on application to the board shall be afforded a prompt hearing. On the basis of the hearing the emergency rule or order shall be continued, modified, or revoked by the board within 30 days after the hearing or when the emergency no longer exists.
Mont. Code Ann. § 50-6-412 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-412
50-6-412 Duties of regional trauma care advisory committees
Status: in_force

50-6-412 . Duties of regional trauma care advisory committees. A regional trauma care advisory committee shall:

(1) establish standards, policies, procedures, and protocols for the regional trauma care system;

(2) conduct regional trauma care quality improvement, including receipt of reports prepared by the department containing trauma care data and making recommendations to trauma care facilities within the region based upon those reports;

(3) advise the trauma care committee concerning the statewide trauma care system;

(4) establish trauma education and injury prevention programs;

(5) provide advice concerning trauma care to health care facilities and other providers of health care;

(6) perform other duties required by department rule; and

(7) conduct other activities needed to ensure optimal delivery of trauma care services within the region.
Mont. Code Ann. § 50-16-503 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-503
50-16-503 Uniformity of application and construction
Status: in_force

50-16-503 . Uniformity of application and construction. This part must be applied and construed to effectuate their general purpose to make uniform the laws with respect to the treatment of health care information among states enacting them.
Mont. Code Ann. § 50-23-101 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-101
50-23-101 Definitions
Status: in_force

50-23-101 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Department of livestock" means the department of livestock provided for in Title 2, chapter 15, part 31.

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

(3) "Person" means an individual, group of individuals, partnership, corporation, firm, or association.

(4) "Wild animal" means a skunk, fox, raccoon, or bat. Other species of normally nondomesticated animals known to be capable of transmitting rabies may be added to this list through the adoption of rules by the department of public health and human services, with the approval of the department of livestock.
Mont. Code Ann. § 50-17-106 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-106
50-17-106 Hearing on the application
Status: in_force

50-17-106 . Hearing on the application. The procedure for a hearing on the application is as follows:

(1) A summons stating the time and place of the hearing and a copy of the application are personally served on the person.

(2) The summons, with endorsement of the time of service, is filed with the district court prior to the hearing.

(3) Not fewer than 3 or more than 7 days after service of the summons, a hearing is held in the district court.

(4) The court examines witnesses in attendance or others it wishes to call.
Mont. Code Ann. § 50-32-204 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-204
50-32-204 Immediate precursors
Status: in_force

50-32-204 . Immediate precursors. If the board designates a drug as an immediate precursor, drugs which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
Mont. Code Ann. § 50-4-518 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-518
50-4-518 Disclosures required of health insurers -- limitations
Status: in_force

50-4-518 . Disclosures required of health insurers -- limitations. (1) When requested by an insured or the insured's agent, a health insurer shall provide a summary of the insured's coverage for a specific health care service or course of treatment when an actual charge or estimate of charges by a health care provider, outpatient center for surgical services, clinic, or hospital exceeds $500.

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

(3) The health insurer shall make a good faith effort to provide accurate information under this section. The health insurer is only required to provide information under this section based upon cost estimates and procedure codes obtained by the insured from the insured's health care provider.
Mont. Code Ann. § 50-40-115 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-115
50-40-115 Penalties
Status: in_force

50-40-115 . Penalties. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104 . A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.

(2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:

(a) a warning for the first violation;

(b) a written reprimand for a second violation; and

(c) within any 3-year period, a fine of:

(i) $100 for a third violation;

(ii) $200 for a fourth violation; and

(iii) $500 for a fifth or subsequent violation.

(3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119 , 23-5-177 , or 23-5-611 (1)(a) or (1)(c).
Mont. Code Ann. § 50-20-503 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-503
50-20-503 Definitions
Status: in_force

50-20-503 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Coerce" means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter.

(2) "Consent" means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion.

(3) "Emancipated minor" means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503 .

(4) "Medical emergency" means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function.

(5) "Minor" means a pregnant female under 18 years of age who is not an emancipated minor.

(6) "Physical abuse" means any physical injury intentionally inflicted by a parent or legal guardian on a minor.

(7) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.

(8) "Physician assistant" means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician.

(9) "Sexual abuse" has the meaning provided in 41-3-102 .
Mont. Code Ann. § 50-72-202 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-202
50-72-202 Inspections and investigations -- when authorized
Status: in_force

50-72-202 . Inspections and investigations -- when authorized. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977 is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspection of mines by federal inspectors, the department is not authorized to make inspections in those mines. If inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, the department is authorized to make inspections and investigations that are necessary in surface and underground mines that are subject to this chapter:

(a) for the purpose of obtaining, using, and disseminating information relating to health and safety conditions in mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in surface and underground mines; and

(b) for the purpose of determining whether or not there is compliance with a health and safety standard or order issued under this chapter.

(2) The department is authorized to make inspections and investigations with respect to sand and gravel mining operations for the purposes prescribed under subsections (1)(a) and (1)(b).
Mont. Code Ann. § 50-50-110 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-110
50-50-110 Costs and expenses -- recovery by department or county
Status: in_force

50-50-110 . Costs and expenses -- recovery by department or county. In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order a retail food establishment or a cottage food operation that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter in the case of a willful violation. These costs are limited to the direct costs of investigations and other expenses.
Mont. Code Ann. § 50-49-106 — MT Code / Title 50 / Chapter 49 / Part 1 / Section 50-49-106
50-49-106 Gifts and grants
Status: in_force

50-49-106 . Gifts and grants. The department may accept contributions, gifts, and grants to fund its activities.
Mont. Code Ann. § 50-16-526 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-526
50-16-526 Patient authorization to health care provider for disclosure
Status: in_force

50-16-526 . Patient authorization to health care provider for disclosure. (1) A patient may authorize a health care provider to disclose the patient's health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under 50-16-542 .

(2) A health care provider may charge a reasonable fee, not to exceed the fee provided for in 50-16-540 , and is not required to honor an authorization until the fee is paid.

(3) To be valid, a disclosure authorization to a health care provider must:

(a) be in writing, dated, and signed by the patient;

(b) identify the nature of the information to be disclosed; and

(c) identify the person to whom the information is to be disclosed.

(4) Except as provided by this part, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the Montana Rules of Evidence, or common law.
Mont. Code Ann. § 50-2-106 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-106
50-2-106 City-county boards of health
Status: in_force

50-2-106 . City-county boards of health. (1) By mutual agreement between the county commissioners and the governing body of the city or cities, the county and a city or cities may form a city-county board of health.

(2) A city-county board of health consists of:

(a) one person appointed by the county commissioners who serves at their pleasure;

(b) one person appointed by the governing body of each city that participates in the city-county board who serves at the pleasure of the appointing governing body;

(c) additional members appointed by the county commissioners and governing body or bodies of the city or cities participating in the city-county board as mutually agreed upon who serve at the pleasure of the appointing commissioners or governing body.

(3) The board must be composed of at least five persons. Terms of appointed members must be staggered and must be for 3 years each.

(4) By mutual agreement between the county commissioners and the governing body of the city or cities, they shall establish the staggered order of terms and all regulations necessary to establish and maintain the board.
Mont. Code Ann. § 50-76-103 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-103
50-76-103 Crane and hoist license required
Status: in_force

50-76-103 . Crane and hoist license required. (1) (a) It is unlawful for a person to operate any crane and hoist equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's load chart rating of 6 tons or more or to operate a tower crane of any capacity without first obtaining a license from the department. The crane and hoist equipment includes overhead trolley and gantry cranes used only in construction and excludes equipment with excavation attachments or log loading equipment when in use.

(b) In emergencies, 50-74-317 applies to the operation of the equipment named in this section.

(2) Licensing is as follows:

(a) Licensed first-class crane and hoist engineers may operate any hoisting equipment in industrial or construction operations.

(b) (i) An applicant for a first-class crane and hoist engineer's license must be at least 18 years of age and, except as provided in 50-76-113 :

(A) may not have less than 1 year of experience operating equipment requiring a second-class crane and hoist engineer's license or shall demonstrate equivalent competency by examination; and

(B) shall pass a written test prescribed by the department.

(ii) A biennial physical exam is required of all first-class licensees.

(c) Licensed second-class crane and hoist engineers may operate crane and hoist equipment with a manufacturer's load chart rating of between 6 tons and 17.5 tons or a tower crane of any capacity.

(d) (i) An applicant for a second-class crane and hoist engineer's license must be at least 18 years of age and, and except as provided in 50-76-113 :

(A) may not have less than 1 year of experience in actual operation of crane and hoist equipment covered by this section or shall demonstrate equivalent competency by examination; and

(B) shall pass a written examination prescribed by the department.

(ii) A biennial physical exam is required of all second-class licensees.

(e) Licensed third-class crane and hoist engineers may move all truck cranes driven by any power and of any capacity. This license requirement also applies to truck crane oilers who move truck cranes.

(f) An applicant for a third-class crane and hoist engineer's license is required to successfully pass a written test prescribed by the department and must be at least 18 years of age before receiving a license.

(3) The department shall reexamine each licensee every 5 years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for 5 years.
Mont. Code Ann. § 50-9-505 — MT Code / Title 50 / Chapter 9 / Part 5 / Section 50-9-505
50-9-505 Statewide education and outreach program
Status: in_force

50-9-505 . Statewide education and outreach program. (1) The attorney general shall design, maintain, and administer a public education and outreach program to be conducted throughout the state pertaining to advance health care planning and end-of-life health care decisionmaking.

(2) The program must be designed to:

(a) increase the public's awareness of the importance of planning for end-of-life health care;

(b) improve the public's understanding of the various health situations that an individual may face if the individual is unable to express the individual's health care wishes; and

(c) explain the need for readily available legal documents that express an individual's health care wishes.
Mont. Code Ann. § 50-62-105 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-105
50-62-105 Default judgment
Status: in_force

50-62-105 . Default judgment. If no answer is so filed and served, the owner and all other persons in interest shall be deemed to be in default, and thereupon the court shall affirm the order of condemnation and direct the department of justice or other officer to proceed with the enforcement thereof.
Mont. Code Ann. § 50-32-229 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-229
50-32-229 Specific dangerous drugs included in Schedule IV
Status: in_force

50-32-229 . Specific dangerous drugs included in Schedule IV. Schedule IV consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1) Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic is a drug, including its salts calculated as the free anhydrous base or alkaloid in the following limited quantities:

(a) not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

(b) butorphanol;

(c) dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);

(d) difenoxin 1mg/25ug AtSO4/du;

(e) pentazocine; and

(f) tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol).

(2) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a) alprazolam;

(b) barbital;

(c) brexanolone;

(d) bromazepam;

(e) camazepam;

(f) chloral betaine;

(g) chloral hydrate;

(h) chlordiazepoxide;

(i) clobazam;

(j) clonazepam;

(k) clorazepate;

(l) clotiazepam;

(m) cloxazolam;

(n) daridorexant;

(o) delorazepam;

(p) diazepam;

(q) dichloralphenazone;

(r) estazolam;

(s) ethchlorvynol;

(t) ethinamate;

(u) ethyl loflazepate;

(v) fludiazepam;

(w) flunitrazepam;

(x) flurazepam;

(y) fospropofol, also known as lusedra;

(z) halazepam;

(aa) haloxazolam;

(bb) ketazolam;

(cc) lemborexant;

(dd) loprazolam;

(ee) lorazepam;

(ff) lormetazepam;

(gg) mebutamate;

(hh) medazepam;

(ii) meprobamate;

(jj) methohexital;

(kk) methylphenobarbital, also known as mephobarbital;

(ll) midazolam;

(mm) nimetazepam;

(nn) nitrazepam;

(oo) nordiazepam;

(pp) oxazepam;

(qq) oxazolam;

(rr) paraldehyde;

(ss) petrichloral;

(tt) phenobarbital;

(uu) pinazepam;

(vv) prazepam;

(ww) quazepam;

(xx) remimazolam;

(yy) temazepam;

(zz) tetrazepam;

(aaa) triazolam;

(bbb) zaleplon;

(ccc) zolpidem; and

(ddd) zopiclone.

(3) Fenfluramine. Any material, compound, mixture, or preparation that contains any quantity of fenfluramine, including its salts, isomers (whether optical, position, or geometric), and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible.

(4) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(a) cathine, also known as (+)-norpseudoephedrine;

(b) diethylpropion;

(c) fencamfamin;

(d) fenproporex;

(e) mazindol;

(f) mefenorex;

(g) modafinil;

(h) pemoline, including organometallic complexes and chelates thereof;

(i) phentermine;

(j) pipradrol;

(k) serdexmethylphenidate;

(l) sibutramine;

(m) solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-, carbamate (ester)); and

(n) SPA ((-)-1-dimethylamino-1,2-diphenylethane).

(5) Ephedrine.

(a) Except as provided in subsection (5)(b), any material, compound, mixture, or preparation that contains any quantity of ephedrine having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers), and salts of enantiomers (optical isomers) when ephedrine is the only active medicinal ingredient or is used in combination with therapeutically insignificant quantities of another active medicinal ingredient.

(b) Ephedrine does not include materials, compounds, mixtures, or preparations labeled in compliance with the Dietary Supplement Health and Education Act of 1994, 21 U.S.C. 321, et seq., that contain only natural ephedra alkaloids or extracts of natural ephedra alkaloids.

(c) Ephedrine may be immediately accessible for use by a licensed physician in a patient care area if it is under the physician's direct supervision.

(6) Other substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of carisoprodol, including its salts, isomers, and salts of isomers.

(7) Hypnotic substances include suvorexant.

(8) Anorexiant substances include lorcaserin.

(9) Gastrointestinal substances include eluxadoline.

(10) General anesthetic substances include alfaxalone.
Mont. Code Ann. § 50-50-210 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-210
50-50-210 Submission of plan of correction as bar to cancellation
Status: in_force

50-50-210 . Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.
Mont. Code Ann. § 50-19-321 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-321
50-19-321 Contracts for services
Status: in_force

50-19-321 . Contracts for services. (1) The department shall contract with service providers to provide services under the MIAMI project.

(2) In selecting service providers, the department shall take into consideration the past performance of the person, agency, or organization in providing similar services, the demonstrated effectiveness of the service provider in delivering comparable or related services, the fiscal accountability of the service provider, and such other factors as the department determines to be appropriate.
Mont. Code Ann. § 50-50-302 — MT Code / Title 50 / Chapter 50 / Part 3 / Section 50-50-302
50-50-302 Health officers and sanitarians to have free access
Status: in_force

50-50-302 . Health officers and sanitarians to have free access. (1) State and local health officers, sanitarians-in-training, and sanitarians must be provided free access to retail food establishments licensed or permitted under this chapter at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.

(2) For the purpose of conducting investigations regarding complaints, illness, or outbreaks, state and local health officers, sanitarians-in-training, and sanitarians must be provided free access at all reasonable hours to cottage food operations if a complaint, illness, or outbreak is suspected or is directly related to the cottage food operation's cottage food products.
Mont. Code Ann. § 50-31-312 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-312
50-31-312 Exemptions from new drug application requirement
Status: in_force

50-31-312 . Exemptions from new drug application requirement. (1) Section 50-31-311 does not apply to:

(a) a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs, provided the drug is plainly labeled in compliance with regulations issued by the department or pursuant to section 505(i) or 507(d) of the federal act (21 U.S.C. 355(i) or 357(d));

(b) a drug sold in this state at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the federal act;

(c) any drug that is manufactured by an establishment licensed under 42 U.S.C. 262; or

(d) any drug that is subject to 50-31-306 (1)(n).

(2) The provisions of 50-31-103 (24) do not apply to any drug, when the drug is intended solely for use under conditions prescribed, recommended, or suggested in labeling with respect to the drug, that on October 9, 1962, or on the date immediately preceding July 1, 1967:

(a) was commercially sold or used in this state or in the United States;

(b) was not a new drug as defined by 50-31-103 (24) as then in force; and

(c) was not covered by an effective application under 50-31-311 or under section 505 of the federal act (21 U.S.C. 355).
Mont. Code Ann. § 50-79-103 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-103
50-79-103 Definitions
Status: in_force

50-79-103 . Definitions. The definitions used in this chapter are intended to be consistent with those used in 10 CFR 1-171 and 49 CFR 173.401 through 173.478, subpart I. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Byproduct material" means:

(a) any radioactive material (except special nuclear material) yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or using special nuclear material; and

(b) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

(2) "Department" means the department of public health and human services.

(3) "Disposal" means burial in soil, release through the sanitary sewerage system, incineration, or permanent long-term storage with no intention of or provision for subsequent removal.

(4) "General license" means a license effective pursuant to rules promulgated by the department without the filing of an application to transfer, acquire, own, possess, or use quantities of or devices or equipment using quantities of byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. General licenses are effective without the filing of applications with the department or the issuing of licensing documents to the user.

(5) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light.

(6) "Large quantity radioactive material" means highway route controlled quantity as defined in 49 CFR 173.403.

(7) "Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of a political subdivision, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission, any successor, or federal agencies licensed by the nuclear regulatory commission.

(8) "Registration" means the registering with the department by the legal owner, user, or authorized representative of sources of ionizing radiation in the manner prescribed by rule.

(9) "Source material" means uranium, thorium, or any other material that the department or the United States nuclear regulatory commission declares by order to be source material or ores containing one or more of the foregoing materials in a concentration that the department or the nuclear regulatory commission declares by order to be source material after the nuclear regulatory commission has determined the material in that concentration to be source material.

(10) "Special nuclear material" means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the department or the United States nuclear regulatory commission or any successor declares by order to be special nuclear material or any material artificially enriched by any of the foregoing but does not include source material.

(11) "Specific license" means a license issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment using quantities of byproduct, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
Mont. Code Ann. § 50-20-703 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-703
50-20-703 Definitions
Status: in_force

50-20-703 . Definitions. As used in this part, the following definitions apply:

(1) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include an act to terminate a pregnancy with the intent to:

(a) save the life or preserve the health of the unborn child;

(b) remove a dead unborn child caused by spontaneous abortion;

(c) remove an ectopic pregnancy; or

(d) treat a maternal disease or illness for which the prescribed drug is indicated.

(2) "Abortion-inducing drug" or "chemical abortion" means a medicine, drug, or any other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as mifepristone, misoprostol, and methotrexate. The term does not include drugs that may be known to cause an abortion that are prescribed for other medical indications.

(3) "Adverse event" means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. The term does not include an adverse event or suspected adverse reaction that, had it occurred in a more severe form, might have caused death.

(4) "Associated medical practitioner" means a person authorized under 50-20-109 to perform an abortion who has entered into an associated medical practitioner agreement.

(5) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including but not limited to uterine perforation, cervical perforation, infection, heavy or uncontrolled bleeding, hemorrhage, blood clots resulting in pulmonary embolism or deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, hemolytic reaction due to the administration of ABO-incompatible blood or blood products, adverse reactions to anesthesia and other drugs, subsequent development of breast cancer, death, psychological complications such as depression, suicidal ideation, anxiety, and sleeping disorders, and any other adverse event.

(6) "Last menstrual period" or "gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.

(7) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion in this state.

(8) "Pregnant" or "pregnancy" means the female reproductive condition of having an unborn child in the uterus.

(9) "Provide" mean any act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing an abortion-inducing drug.

(10) "Qualified medical practitioner" means a medical practitioner who has the ability to:

(a) identify and document a viable intrauterine pregnancy;

(b) assess the gestational age of pregnancy and inform the woman of gestational age-specific risks;

(c) diagnose ectopic pregnancy;

(d) determine blood type and administer RhoGAM if a woman is Rh negative;

(e) assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;

(f) provide surgical intervention or who has entered into a contract with another qualified medical practitioner to provide surgical intervention; and

(g) supervise and bear legal responsibility for any agent, employee, or contractor who is participating in any part of a procedure, including but not limited to preprocedure evaluation and care.

(11) "Unborn child" means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U.S.C. 8(b).
Mont. Code Ann. § 50-15-303 — MT Code / Title 50 / Chapter 15 / Part 3 / Section 50-15-303
50-15-303 Certificates of dissolution of marriage or declaration of invalidity of marriage
Status: in_force

50-15-303 . Certificates of dissolution of marriage or declaration of invalidity of marriage. Before the 10th day of each month, the clerk of the court shall prepare and forward to the department a certificate for each decree of dissolution of marriage or declaration of invalidity of marriage that became final during the preceding calendar month. Certificates must be on forms prescribed by the department.
Mont. Code Ann. § 50-16-702 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-702
50-16-702 Notification of exposure to infectious disease -- report of exposure to disease
Status: in_force

50-16-702 . Notification of exposure to infectious disease -- report of exposure to disease. (1) (a) If an emergency services provider acting in an official capacity attends a patient prior to or during transport or assists in transporting a patient to a health care facility and the emergency services provider has had an exposure, the emergency services provider may request the designated officer to submit the form required by department rule to the health care facility on the emergency services provider's behalf. The form must be provided for in rules adopted by the department and must include the emergency services provider's name and other information required by the department, including a description of the exposure. The designated officer shall submit the completed form to the health care facility receiving the patient as soon as possible after the request for submission by the emergency services provider. Submission of the form to the health care facility is an indication that the emergency services provider was exposed and a verification that the designated officer and the emergency services provider believe that the emergency services provider was exposed.

(b) If the exposure described on the form occurred in a manner that may allow infection by HIV, as defined in 50-16-1003 , by a mode of transmission recognized by the U.S. department of health and human services, centers for disease control and prevention, then submission of the form to the health care facility constitutes a request to the patient's physician to perform an HIV diagnostic test pursuant to 50-16-1014 .

(c) Upon receipt of the report of exposure from a designated officer, the health care facility shall notify the designated officer in writing whether or not a determination has been made that the patient has or does not have an infectious disease. If a determination has been made and the patient has been found:

(i) to have an infectious disease, the information required by 50-16-703 must be provided by the health care facility;

(ii) to not have an infectious disease, the date on which the patient was transported to the health care facility must be provided by the health care facility.

(2) If a health care facility receiving a patient determines that the patient has an airborne infectious disease, the health care facility shall, within 48 hours after the determination was made, notify the designated officer and the department of that fact. The notice to the department must include the name of the emergency services organization that transported the patient to the health care facility. The department shall, within 24 hours after receiving the notice, notify the designated officer of the emergency services provider who transported the patient.

(3) A designated officer who receives the notification from a health care facility required by 50-16-703 (2) or by subsection (1)(c) of this section shall immediately provide the information contained in the notification to the emergency services provider for whom the report of exposure was filed or who was exposed to a patient with an airborne infectious disease.
Mont. Code Ann. § 50-15-301 — MT Code / Title 50 / Chapter 15 / Part 3 / Section 50-15-301
50-15-301 Marriage certificates
Status: in_force

50-15-301 . Marriage certificates. Before the 10th day of each month, each clerk of a district court shall report marriage certificates filed during the preceding calendar month to the department. Reports must be on forms and contain information prescribed by the department.
Mont. Code Ann. § 50-39-108 — MT Code / Title 50 / Chapter 39 / Part 1 / Section 50-39-108
50-39-108 Definitions
Status: in_force

50-39-108 . Definitions. As used in this chapter, the following definitions apply:

(1) "Apprentice" means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of labor and industry.

(2) "Endorsement" means a document, issued by the department of labor and industry to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.

(3) "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association.

(4) (a) "Fire alarm system" means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation.

(b) The term does not include single station smoke or heat detectors.

(5) "Fire extinguisher" means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.

(6) "Fire extinguishing system" means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. The term includes underground and overhead piping, ponds, tanks, pumps, extra or special hazard applications, and other related components or devices necessary for water supplies.

(7) "Inspection" means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. The term includes the inquiry, analysis, audit, or other pursuit of information, with respect to a written complaint or other information before the department of labor and industry, that is carried out for the purpose of assisting the department of labor and industry in determining:

(a) whether a person has violated a provision of law justifying discipline against the person;

(b) whether a license should be granted or denied; or

(c) whether the department of labor and industry should seek an injunction against unlicensed practice.

(8) (a) "Install" means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system.

(b) The term does not include the delivery of supplies or the offsite cutting or threading of pipe.

(c) The term does include the following tasks:

(i) inspection of job sites to determine the presence of obstructions and to ascertain that holes will not cause structural weaknesses;

(ii) determination of the course or plan of installation;

(iii) any job site bending of pipe or electrical conduit as part of the installation;

(iv) job site assembly and installation of metal or nonmetal pipe fittings, including but not limited to those made of brass, copper, lead, glass, and plastic;

(v) job site assembly and installation of wiring systems;

(vi) joining of piping by any means, including pipes joined by threaded, caulked, wiped, soldered, brazed, fused, or cemented joints;

(vii) securing of pipe, wire, or electrical conduit to the structure by any means, including but not limited to clamps, brackets, hangers, and welds; and

(viii) testing the installed system for electrical or mechanical malfunctions.

(9) "License" means the document issued by the department of labor and industry that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.

(10) "Sell", "sale", and associated words mean offering or contracting to transfer, lease, or rent any merchandise, equipment, or service at retail to the public or any member of the public for an agreed sum of money or other consideration.

(11) (a) "Service", when referring to portable fire extinguishers and fire extinguisher cylinders, means maintenance and includes breakdown for replacement of parts or for agent, repair, recharging, or hydrostatic testing.

(b) When referring to alarm systems, fire extinguishing systems, and fire suppression systems, the term means maintenance and testing required to keep the protective signaling, extinguishing, and suppression system and its component parts in an operative condition at all times, together with replacement of the system or its component parts with listed or approved parts when for any reason they become undependable, defective, or inoperative.

(c) The term does not include resetting manual alarm systems that may be reset by a properly trained building owner or the owner's designated representative.

(12) "Special agent fire suppression system" means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a preengineered system but does not include a fire extinguishing system.
Mont. Code Ann. § 50-15-221 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-221
50-15-221 Birth registration
Status: in_force

50-15-221 . Birth registration. (1) A certificate of birth must be filed as specified in this section with the department for each live birth that occurs in this state. Unless otherwise directed by the department, the certificate must be filed within the time prescribed by the department by rule after the birth. The birth certificate must be registered if it has been completed and filed in accordance with this section and rules adopted to implement this section.

(2) If a birth occurs in a health care facility, the birth certificate must be completed and filed by the attending physician or the physician's designee.

(3) If a birth occurs in or en route to a health care facility, the person in charge of the facility or the person's authorized designee shall obtain the personal data concerning the newborn child, prepare the certificate, and certify that the child was born alive at the place, at the time, and on the date stated. Certification may be by signature or by an approved electronic process. The person referenced in this subsection shall file the certificate as directed in subsection (1). The physician or other person in attendance at the birth shall provide the medical information required by the certificate within 72 hours after the birth.

(4) The department shall, by rule, determine what evidence may be required to establish the facts of birth if the birth occurs at a place other than a health care facility. In accordance with rules promulgated by the department, the certificate must be prepared and filed by one of the following persons in the indicated order of priority in subsections (4)(a) through (4)(e):

(a) the physician or the physician's designee or a midwife licensed pursuant to Title 37, chapter 27, in attendance at or immediately after the birth;

(b) a person in attendance at or immediately after the birth;

(c) the father or the mother;

(d) in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; or

(e) the local registrar, if 50-15-202 applies.

(5) When a birth occurs on a moving conveyance within the United States and the newborn child is first removed from the conveyance in this state, the birth must be registered in this state by a person listed in subsection (4) and the place where the child is first removed from the conveyance is considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth must be registered by a person listed in subsection (4) in this state, but the certificate must indicate the actual place of birth insofar as the place can be determined.

(6) For the purposes of birth registration, the woman who gives birth to the child is considered to be the mother, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. Information about the father must be entered as provided in subsection (7).

(7) (a) If the mother was married at the time of conception or birth or between conception and birth, the name of the husband must be entered on the certificate as the father of the child, unless:

(i) other paternity has been determined by a court of competent jurisdiction;

(ii) the mother and the husband execute joint or separate affidavits attesting that the husband is not the father of the child. Affidavits must be notarized, and signatures of the mother and of the husband must be individually notarized on any joint affidavit. If affidavits are filed, information about the father must be omitted from the certificate.

(iii) the mother executes an affidavit attesting that the husband is not the father and names a putative father, the putative father executes an affidavit attesting paternity, and the husband executes an affidavit denying paternity. Affidavits may be joint or individual or a combination of joint and individual affidavits. Each signature on an affidavit must be individually notarized. If all affidavits are filed, the putative father must be shown as the father on the certificate.

(b) If the mother was not married at the time of conception or birth or between conception and birth, the name of the father may not be entered on the certificate without an affidavit of paternity signed by the mother and the person to be named as the father.

(c) If paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child must be entered on the certificate of birth in accordance with the finding and order of the court.

(d) If the father is not named on the certificate of birth, information about the father may not be entered on the certificate.

(e) Affidavits required under this subsection (7) must be filed with the department.

(8) Either parent of the child, or another informant, shall verify the accuracy of the personal data to be entered on the certificate in order to permit the filing of the certificate within the time prescribed in subsection (1).

(9) A certificate of birth filed after the time prescribed in subsection (1) but within 1 year from the date of birth must be registered by the natural parents, the adoptive parents, or the person having legal custody of the child, on the standard form of live birth certificate in the manner prescribed in this section and by rule. The certificate may not be designated as delayed. The department may require additional evidence in support of the facts of birth.
Mont. Code Ann. § 50-4-712 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-712
50-4-712 Experts
Status: in_force

50-4-712 . Experts. (1) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to:

(a) determine whether to approve a conversion transaction generally;

(b) perform an independent valuation of fair market value of the public assets of the transferor;

(c) evaluate the impact of the conversion on the affected community;

(d) determine whether there has been due diligence by the transferor in evaluating the proposed conversion transaction; and

(e) determine the existence of any conflicts of interest.

(2) If the commissioner or attorney general contracts for expert assistance under subsection (1), the transferor and the transferee shall each pay half of the costs reasonably incurred by the commissioner or the attorney general for the expert's services.
Mont. Code Ann. § 50-30-301 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-301
50-30-301 Prohibited acts
Status: in_force

50-30-301 . Prohibited acts. The following acts and causing the following acts are prohibited:

(1) the introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance;

(2) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of or the doing of any other act with respect to a hazardous substance if the act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;

(3) the receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the substance for pay or otherwise;

(4) the giving of a guarantee or undertaking referred to in 50-30-305 (2) that is false, except by a person who relies upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance;

(5) the failure to permit entry or inspection as authorized by 50-30-107 (1) or to permit access to any copying of any record as authorized by 50-30-108 ;

(6) the introduction or delivery for introduction into commerce or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise of a hazardous substance in a reused food, drug, or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification;

(7) the use by any person to the person's own advantage or revealing other than to the department or officers or employees of the agency or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of 50-30-106 and 50-30-107 concerning any method or process that as a trade secret is entitled to protection.
Mont. Code Ann. § 50-60-503 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-503
50-60-503 Exceptions
Status: in_force

50-60-503 . Exceptions. This part shall not be construed to apply to or to affect plumbing installations in any mines, mills, smelters, refineries, public utilities, railroads, or plumbing installations on farms having their own individual water supply or sewage disposal system.
Mont. Code Ann. § 50-37-108 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-108
50-37-108 General liability insurance required for public display
Status: in_force

50-37-108 . General liability insurance required for public display. The state fire prevention and investigation section or the governing body of the city, town, or county shall require a person planning a public display of fireworks to provide proof of general liability insurance in a reasonable amount as determined by rules adopted by the department of justice.
Mont. Code Ann. § 50-1-118 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-118
50-1-118 Effect on appropriations
Status: in_force

50-1-118 . Effect on appropriations. Any appropriation of public funds made by the department of public health and human services in derogation of the provisions of 50-1-117 is void as of June 30, 2021, and the funds allocated pursuant to these appropriations must be reallocated to eligible entities.