Mont. Code Ann. § 50-60-101 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-101
50-60-101 Definitions
Status: in_force

50-60-101 . Definitions. As used in parts 1 through 4 and 7 of this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Alteration" means any change, addition, or modification in construction or occupancy.

(2) "Building" means a combination of any materials, whether mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by persons or property. The term must be construed as though followed by the words "or part or parts of a building".

(3) (a) "Building regulations" means any law, rule, resolution, regulation, ordinance, or code, general or special, or compilation of laws, rules, resolutions, regulations, ordinances, or codes enacted or adopted by the state or any municipality, including departments, boards, bureaus, commissions, or other agencies of the state or a municipality relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings and installation of equipment in buildings.

(b) The term does not include zoning ordinances.

(4) "City or town" means an incorporated city or town as provided for in Title 7, chapter 2, part 41.

(5) "Code enforcement program" means the plan for enforcement of the building regulations adopted by a municipality or county and includes the local building department and the staff associated with executing any aspect of the program's purposes or functions.

(6) "Construction" means the original construction and equipment of buildings and requirements or standards relating to or affecting materials used, including provisions for safety and sanitary conditions.

(7) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(8) "Equipment" means plumbing, heating, electrical, ventilating, air-conditioning, and refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical additions or installations.

(9) (a) "Factory-built building" means a factory-assembled structure or structures equipped with the necessary service connections but not made so as to be readily movable as a unit or units and designed to be used with a permanent foundation.

(b) The term does not include manufactured housing constructed after June 15, 1976, under the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq.

(10) "Local building department" means the agency or agencies of a county, city, or town charged with the administration, supervision, or enforcement of building regulations, the approval of plans, the inspection of buildings, or the issuance of permits, licenses, certificates, and similar documents prescribed or required by state or local building regulations.

(11) "Local legislative body" means the council or commission charged with governing the county, city, or town.

(12) "Owner" means the owner or owners of the premises or lesser estate, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building.

(13) (a) "Primary function area" means an area of a building or facility in which a major activity for which the building or facility is designed is carried out. Primary function areas include but are not limited to a customer service lobby of a savings institution, a cafeteria dining area, and meeting rooms of a conference center.

(b) Areas that are not primary function areas include but are not limited to boiler rooms, storage rooms, employee lounges, janitorial closets, entrances, corridors, and restrooms.

(14) "Public building" means a building or facility owned or operated by a governmental entity or a private sector building or facility that is open to members of the public.

(15) "Public sidewalk" means a sidewalk located in a public right-of-way.

(16) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own mode of power or is mounted on or towed by another vehicle, including but not limited to a:

(a) travel trailer;

(b) camping trailer;

(c) truck camper; or

(d) motor home.

(17) "Site" means a parcel of land bounded by property lines or a designated portion of a public right-of-way.

(18) "State agency" means any state officer, department, board, bureau, commission, or other agency of this state.

(19) "State building code" means the state building code provided for in 50-60-203 or any portion of the code of limited application and any of its modifications or amendments.
Mont. Code Ann. § 50-71-113 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-113
50-71-113 Administrative authority -- funding
Status: in_force

50-71-113 . Administrative authority -- funding. (1) The department has authority to administer the provisions of this part.

(2) In addition to administering the provisions of this part, the department may:

(a) promote occupational safety and health;

(b) educate employers and employees in occupational safety and health matters;

(c) conduct research regarding occupational safety and health data, topics, and techniques; and

(d) investigate occupational injuries, illnesses, and deaths involving public sector employees.

(3) The department may develop and operate a statewide employment safety program. The statewide employment safety program may include but is not limited to:

(a) a safety awareness component;

(b) an employee education component;

(c) an employer education component; and

(d) industry-specific initiatives.

(4) The activities of the department under the provisions of this part are funded by the occupational safety and health administration fund provided for in 50-71-128 .

(5) The department may accept, receive, and administer gifts, grants, or other funds from public or private agencies and from the United States for the purpose of carrying out the provisions of this part. Funds received by the department under this subsection must be deposited into the fund provided for in 50-71-128 .
Mont. Code Ann. § 50-50-215 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-215
50-50-215 Refusal by local health officer -- appeal to board
Status: in_force

50-50-215 . Refusal by local health officer -- appeal to board. (1) (a) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing this chapter are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.

(b) If a local health officer does not approve a registration of a cottage food operator, as provided in 50-50-117 , or a temporary food establishment permit, as provided in 50-50-120 , the officer shall notify the applicant in writing stating the officer's reasons.

(2) The applicant or any person aggrieved by the decision of the local health officer as provided in subsection (1) may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.

(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-32-310 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-310
50-32-310 Inspections authorized
Status: in_force

50-32-310 . Inspections authorized. The board may have the establishment of a registrant or applicant for registration inspected.
Mont. Code Ann. § 50-5-215 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-215
50-5-215 Standards for adult foster care homes
Status: in_force

50-5-215 . Standards for adult foster care homes. The department may adopt rules establishing standards for the licensing of adult foster care homes. The standards must provide for the safety and comfort of the residents and may be adopted by the department only after receiving the advice and recommendations of the state fire prevention and investigation section of the department of justice in relation to fire and safety requirements for adult foster care homes.
Mont. Code Ann. § 50-63-202 — MT Code / Title 50 / Chapter 63 / Part 2 / Section 50-63-202
50-63-202 Fire chief or sheriff to conduct investigation
Status: in_force

50-63-202 . Fire chief or sheriff to conduct investigation. If the fire occurs within a municipality, organized fire district, or fire service area, the chief of the governmental fire agency organized under Title 7, chapter 33, having jurisdiction or the chief's designee shall conduct the investigation. If the fire occurs outside a municipality, organized fire district, or fire service area, the county sheriff shall conduct the investigation or ensure that an investigation is conducted.
Mont. Code Ann. § 50-1-401 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-401
50-1-401 Terminated
Status: in_force

50-1-401 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-74-311 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-311
50-74-311 Waiting period before reexamination permitted
Status: in_force

50-74-311 . Waiting period before reexamination permitted. In case of the failure of any applicant to successfully pass an examination, 45 days must elapse before the applicant may again be examined for license.
Mont. Code Ann. § 50-4-711 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-711
50-4-711 Procedures
Status: in_force

50-4-711 . Procedures. (1) In the hearing required by 50-4-710 , the commissioner and the attorney general shall agree on and jointly appoint a qualified person to preside over the hearing. The commissioner, the attorney general, the transferor, and the transferee may use discovery procedures as provided in Title 25, chapter 20. Except as otherwise specifically provided in this section, the procedures for conducting a contested case hearing, as provided in 2-4-611 (3) and (4), 2-4-612 through 2-4-614 , and 2-4-621 through 2-4-623 , and the procedures for judicial review of contested case decisions under Title 2, chapter 4, part 7, apply.

(2) Notwithstanding any otherwise applicable rule of evidence, the commissioner and attorney general shall provide for the receipt of comments from the public in writing or on the record at the hearing. Oral public comments are not subject to cross-examination without the consent of the person providing the comments. However, the commissioner and the attorney general may rely on factual information provided in public comment only if the person providing the comment consents to cross-examination or the commissioner or the attorney general makes a specific finding that the factual information meets the requirements of Rule 804(b)(5) of the Montana Rules of Evidence.
Mont. Code Ann. § 50-16-602 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-602
50-16-602 Definitions
Status: in_force

50-16-602 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) (a) "Health care information" means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. The term includes any record of disclosures of health care information and any information about an individual received pursuant to state law or rules relating to communicable disease.

(b) The term does not include vital statistics information gathered under Title 50, chapter 15.

(3) "Local board" means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1.

(4) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board.
Mont. Code Ann. § 50-6-103 — MT Code / Title 50 / Chapter 6 / Part 1 / Section 50-6-103
50-6-103 Powers of department
Status: in_force

50-6-103 . Powers of department. (1) The department of public health and human services is authorized to confer and cooperate with any other persons, organizations, and governmental agencies that have an interest in the emergency medical services program and community-integrated health care.

(2) The department is authorized to accept, receive, expend, and administer any funds that are now available or that may be donated, granted, or appropriated to the department.

(3) The department may, after consultation with the trauma care committee, the Montana committee on trauma of the American college of surgeons, the Montana hospital association, and the Montana medical association, adopt rules necessary to implement part 4 of this chapter.

(4) The department shall continually assess and, as needed, revise the functions and components that it regulates to improve the quality of emergency medical services and to ensure that the emergency medical services program adapts to the changing community-integrated health care needs of the citizens of Montana.

(5) The department shall collaborate with other components of the health care system to fully integrate the emergency medical services program into the overall health care system.

(6) As part of the collaboration under subsection (5), the department shall provide guidance to ambulance services and nontransporting medical units regarding their choice whether or not to engage in community-integrated health care beyond offering emergency medical services.
Mont. Code Ann. § 50-5-112 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-112
50-5-112 Civil penalties
Status: in_force

50-5-112 . Civil penalties. (1) Except as provided in 50-5-121 , a person who commits an act prohibited by 50-5-111 is subject to a civil penalty not to exceed $1,000 for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The department or, upon request of the department, the county attorney of the county in which the health care facility in question is located may petition the court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the facility is located.

(2) In determining the amount of penalty to be assessed for an alleged violation under this section, the court shall consider:

(a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or patient;

(b) the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

(c) the degree of deviation committed by the facility from a requirement imposed by part 1 or 2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and

(d) other matters as justice may require.

(3) A penalty collected under this section must be deposited in the state general fund.

(4) In addition to or exclusive of the remedy provided in subsection (1), the department may pursue remedies available for a violation, as provided for in 50-5-108 , or any other remedies available to it.
Mont. Code Ann. § 50-52-207 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-207
50-52-207 Notice and hearing required
Status: in_force

50-52-207 . Notice and hearing required. A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation 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. In this case, the licensee must make a written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.
Mont. Code Ann. § 50-74-213 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-213
50-74-213 Failure to comply with department directed access a misdemeanor
Status: in_force

50-74-213 . Failure to comply with department directed access a misdemeanor. Any person failing to immediately comply with department directed access to the boiler shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 or more than $500, by imprisonment in the county jail for not less than 2 months or more than 6 months, or by both such fine and imprisonment.
Mont. Code Ann. § 50-52-301 — MT Code / Title 50 / Chapter 52 / Part 3 / Section 50-52-301
50-52-301 Health officers and sanitarians to make investigations and inspections
Status: in_force

50-52-301 . Health officers and sanitarians to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.
Mont. Code Ann. § 50-18-106 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-106
50-18-106 Duty to report cases
Status: in_force

50-18-106 . Duty to report cases. If a physician or other person knows or has reason to suspect that a person who has a sexually transmitted disease is behaving in a way that might expose another to infection, the physician or person shall immediately notify the local health officer of the name and address of the diseased person and the essential facts in the case.
Mont. Code Ann. § 50-60-403 — MT Code / Title 50 / Chapter 60 / Part 4 / Section 50-60-403
50-60-403 Use of independent testing laboratories authorized
Status: in_force

50-60-403 . Use of independent testing laboratories authorized. The department may use independent testing laboratories or the agencies of other states to determine if approved models of factory-built buildings are being constructed in accordance with the approved plans and specifications for those models.
Mont. Code Ann. § 50-74-304 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-304
50-74-304 Requirements for engineer's license
Status: in_force

50-74-304 . Requirements for engineer's license. Each applicant for an engineer's license must be physically and mentally capable of performing the required duties and must meet the following minimum requirements for the class of engineer's license for which application is being made:

(1) Except as provided in subsection (8), an applicant for a limited low-pressure engineer's license must be 18 years of age or older, must have 2 months' full-time experience in the operation of a boiler in this classification under an engineer who holds a valid limited low-pressure or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.

(2) Except as provided in subsection (7), an applicant for a low-pressure engineer's license must be 18 years of age or older, must have at least 3 months' full-time experience in the operation of a boiler in this classification under an engineer who holds a valid low-pressure or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.

(3) Except as provided in subsection (7), an applicant for an agricultural-class engineer's license must be 18 years of age or older, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.

(4) Except as provided in subsection (7), an applicant for a third-class engineer's license must be 18 years of age or older, must have at least 6 months' full-time experience in the operation of a boiler in this classification under an engineer holding a valid third-class or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.

(5) An applicant for a second-class engineer's license must be 18 years of age or older and:

(a) must have at least 2 years' full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid second-class or first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department; or

(b) must hold a valid third-class engineer's license, must have at least 1 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid second-class or first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department.

(6) An applicant for a first-class engineer's license must be 18 years of age or older and:

(a) must have at least 3 years' full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department;

(b) must hold a valid second-class engineer's license, must have at least 1 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department; or

(c) must hold a valid third-class engineer's license, must have at least 2 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department.

(7) As an alternative to the requirements of subsections (2) through (4), an applicant who is 18 years of age or older may apply for and be issued a license for any of the three classes of licenses provided for in subsections (2) through (4) if:

(a) the applicant completes a training course acceptable to the department that is specific to the class of boiler license sought by the applicant and successfully passes a written examination administered by the department that is specific to the class of boiler license sought by the applicant; and

(b) an engineer with a license at least equal to the class of boiler license sought by the applicant informs the department that the applicant has worked with the type of boiler for which a license is sought under the engineer's supervision for a minimum of 40 hours and that the applicant is competent to operate a boiler of the class for which licensure is sought by the applicant.

(8) As an alternative to the requirements of subsection (1), an applicant who is 18 years of age or older may apply for and be issued a limited low-pressure license provided for in subsection (1) if:

(a) the applicant completes a 6-hour training course acceptable to the department that is specific to a limited low-pressure license sought by the applicant; and

(b) an engineer with a license at least equal to the class of license sought by the applicant informs the department that the applicant has worked with the type of boiler for which a license is sought under the engineer's supervision for a minimum of 8 hours and that the applicant is competent to operate a boiler of the class for which licensure is sought by the applicant.
Mont. Code Ann. § 50-32-605 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-605
50-32-605 Prescribing and dispensing authority for opioid antagonist
Status: in_force

50-32-605 . Prescribing and dispensing authority for opioid antagonist. A medical practitioner may prescribe, directly, by a standing order, or by a collaborative practice agreement, or dispense, as permitted under 37-2-104 , an opioid antagonist to an eligible recipient. The medical practitioner shall document the reasons for which the opioid antagonist was prescribed or dispensed.
Mont. Code Ann. § 50-9-103 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-103
50-9-103 Declaration relating to use of life-sustaining treatment -- designee
Status: in_force

50-9-103 . Declaration relating to use of life-sustaining treatment -- designee. (1) An individual of sound mind and 18 years of age or older may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another individual of sound mind and 18 years of age or older to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant or another at the declarant's direction and must be witnessed by two individuals. A health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid.

(2) A declaration directing a physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment may but need not be in the following form:

DECLARATION

If I should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain.

Signed this ____ day of _________, ____.

Signature _____________

City, County, and State of Residence ____________________

The declarant voluntarily signed this document in my presence.

Witness__________________________________

Address__________________________________

Witness__________________________________

Address__________________________________

(3) A declaration that designates another individual to make decisions governing the withholding or withdrawal of life-sustaining treatment may but need not be in the following form:

DECLARATION

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I appoint __________ or, if that person is not reasonably available or is unwilling to serve, __________, to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to the Montana Rights of the Terminally Ill Act.

If the individual I have appointed is not reasonably available or is unwilling to serve, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.

Signed this ____ day of _________, ____.

Signature____________________________

City, County, and State of Residence______________________

The declarant voluntarily signed this document in my presence.

Witness____________________________

Address________________________

Witness________________________

Address________________________

Name and address of designee.

Name__________________________

Address_______________________

(4) If the designation of an attorney-in-fact pursuant to 72-5-501 and 72-5-502 or the judicial appointment of an individual contains written authorization to make decisions regarding the withholding or withdrawal of life-sustaining treatment, that designation or appointment constitutes, for the purposes of this part, a declaration designating another individual to act for the declarant pursuant to subsection (1).

(5) A health care provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record and, if unwilling to comply with the declaration, shall advise the declarant and any individual designated to act for the declarant promptly.
Mont. Code Ann. § 50-11-101 — MT Code / Title 50 / Chapter 11 / Part 1 / Section 50-11-101
50-11-101 Definitions
Status: in_force

50-11-101 . Definitions. As used in this part, the following definitions apply:

(1) "Embryo" means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development.

(2) "Female" has the meaning provided in 1-1-201 .

(3) "Fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism.

(4) "Oocyte" means the human female germ cell, the egg.

(5) "Reproductive human cloning" means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.

(6) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development.
Mont. Code Ann. § 50-3-101 — MT Code / Title 50 / Chapter 3 / Part 1 / Section 50-3-101
50-3-101 Definitions
Status: in_force

50-3-101 . Definitions. In this chapter, "department" means the department of justice and "fire prevention and investigation section" means the state fire prevention and investigation section of the department of justice provided for in 2-15-2005 .
Mont. Code Ann. § 50-57-301 — MT Code / Title 50 / Chapter 57 / Part 3 / Section 50-57-301
50-57-301 Health officers and sanitarians to make investigations and inspections
Status: in_force

50-57-301 . Health officers and sanitarians to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall conduct investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.
Mont. Code Ann. § 50-2-124 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-124
50-2-124 Penalties for violations
Status: in_force

50-2-124 . Penalties for violations. (1) (a) A person who does not comply with rules adopted by a local board that are not in conflict with 50-2-116 (5) or 50-2-118 (3) is subject to a civil penalty of not less than $10 or more than $200.

(b) A business entity that does not comply with rules adopted by a local board is subject to a civil penalty of not more than $250.

(2) Except as provided in 50-2-123 and subsection (1) of this section, a person who violates the provisions of this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500 or be imprisoned for not more than 90 days, or both.

(3) Each day of violation constitutes a separate offense.

(4) The local board or the county attorney of the county in which a violation described in subsection (1) occurred may petition a court of limited jurisdiction to impose the civil penalties allowed in subsection (1). Venue for an action to collect a civil penalty pursuant to subsection (1) is in the county in which the violation occurred or in a court of limited jurisdiction.

(5) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the violation occurs.

(6) (a) As used in this section, "business entity" means a corporation, association, partnership, limited liability partnership, limited liability company, sole proprietorship, or other legal entity recognized under state law.

(b) The term does not include an individual.
Mont. Code Ann. § 50-62-110 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-110
50-62-110 Appeal to department of justice
Status: in_force

50-62-110 . Appeal to department of justice. If the owner or occupant feels aggrieved by an order of an officer under this chapter, the owner or occupant may appeal to the department of justice within 24 hours and the cause of the complaint must be investigated, in a timely manner, by direction of the department. Unless the order is revoked by the department, it remains in force and must be complied with by the owner or occupant.
Mont. Code Ann. § 50-15-304 — MT Code / Title 50 / Chapter 15 / Part 3 / Section 50-15-304
50-15-304 Substitute birth certificate for person adopted
Status: in_force

50-15-304 . Substitute birth certificate for person adopted. (1) The procedure for issuing a substitute birth certificate for a person born in Montana and adopted is as follows:

(a) Before the 16th day of the month following the order of adoption, the clerk of the district court shall forward a certified copy of the final order of adoption to the department or the department may accept a certified copy of a final order of adoption from a court of competent jurisdiction of another state of the United States or a tribal court of competent jurisdiction.

(b) The department shall prepare a substitute certificate containing:

(i) the new name of the adopted person;

(ii) the true date and place of birth and the sex of the adopted person;

(iii) statistical facts concerning the adoptive parents in place of the natural parents;

(iv) the words "department of public health and human services" substituted for the words "attendant's own signature"; and

(v) dates of recording as shown on the original birth certificate.

(2) The procedure for recording a substitute birth certificate for a person born in Montana and adopted is as follows:

(a) The department shall send copies of the substitute birth certificate to the local registrar and to the county clerk and recorder.

(b) The local registrar and county clerk and recorder shall immediately enter the substitute birth certificate in their files and forward copies of the original birth record to the department.

(c) The department shall seal original birth records and open them only as provided in 50-15-223 (2).

(3) On receipt of a certified copy of a court order annulling an adoption, the department shall restore the original birth certificate to its place in its files and notify the local registrar and county clerk and recorder.
Mont. Code Ann. § 50-18-109 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-109
50-18-109 Permissible release of information concerning infected persons
Status: in_force

50-18-109 . Permissible release of information concerning infected persons. (1) Information concerning persons infected or reasonably suspected to be infected with a sexually transmitted disease may be released only:

(a) to personnel of the department of public health and human services;

(b) to a physician who has written consent of the person whose record is requested;

(c) to a local health officer; or

(d) by the department of public health and human services or a local health officer or board under the circumstances allowed by Title 50, chapter 16, part 6.

(2) For the purposes of this section, the term "information" includes all knowledge or intelligence and all communications of all knowledge or intelligence, oral or written or in record form, and also includes but is not limited to information concerning the location or nature of the activities or work of all local, state, or federal employees or officers engaged in sexually transmitted disease eradication work. Communications to and from personnel are privileged as provided in 26-1-810 .

(3) The purpose of this section is to protect and preserve the principle of confidentiality in sexually transmitted disease work by local, state, and federal public personnel, as confidentiality is important to the success of all sexually transmitted disease eradication work and endeavor, and to require that the principle of confidentiality in the work remain inviolate.
Mont. Code Ann. § 50-16-811 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-811
50-16-811 When health care information available by compulsory process
Status: in_force

50-16-811 . When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:

(a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;

(b) the patient has waived the right to claim confidentiality for the health care information sought;

(c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;

(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;

(e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;

(f) a patient's health care information is to be used in the patient's commitment proceeding;

(g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(i);

(h) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest;

(i) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or similar federal law;

(j) the health care information is requested pursuant to an administrative subpoena as required in investigative and disciplinary proceedings before a professional or occupational licensing board as defined in 37-1-302 or license program as defined in 37-1-401 ; or

(k) the patient is deceased and the coroner requires the health care information for the investigation of the death as provided in Title 46, chapter 4, part 1.

(2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise prohibited by law.
Mont. Code Ann. § 50-5-120 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-120
50-5-120 Critical access health care special revenue account -- rulemaking authority
Status: in_force

50-5-120 . (Effective January 1, 2027) Critical access health care special revenue account -- rulemaking authority. (1) There is an account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services to support critical access health care base funding.

(2) The account consists of money collected from fees assessed pursuant to 50-5-119 .

(3) Money in the account must be used by the department to provide funding no later than June 30 of each year on the basis of each bed to each critical access hospital.
Mont. Code Ann. § 50-20-501 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-501
50-20-501 Short title
Status: in_force

50-20-501 . Short title. This part may be cited as the "Parental Consent for Abortion Act of 2013".
Mont. Code Ann. § 50-12-102 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-102
50-12-102 Definitions
Status: in_force

50-12-102 . Definitions. As used in this part, the following definitions apply:

(1) "Experimental treatment" means the provision of a medical intervention by a health care provider involving an investigational drug, biological product, device, or other treatment that has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States food and drug administration and either:

(a) remains under investigation in a clinical trial approved by the United States food and drug administration; or

(b) has a demonstrated safety record through documented clinical evidence from a qualified medical institution as defined by department rule.

(2) "Experimental treatment center" has the same meaning as provided in 50-5-101 .

(3) "Health care facility" has the same meaning as provided in 50-5-101 . The term includes an experimental treatment center.

(4) "Health care provider" means any of the following individuals licensed pursuant to Title 37:

(a) a physician;

(b) an advanced practice registered nurse authorized by the board of nursing to prescribe medicine;

(c) a physician assistant; and

(d) a registered nurse performing services at an experimental treatment center.

(5) "Informed consent" means written documentation or digital recordation that meets the requirements of 50-12-105 .

(6) "Provider agreement" means a contract authorizing a health care provider to deliver an experimental treatment, or services related to the provision of an experimental treatment, under the supervision of an experimental treatment center's medical director.
Mont. Code Ann. § 50-76-101 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-101
50-76-101 When chapter not to apply
Status: in_force

50-76-101 . When chapter not to apply. (1) This chapter does not apply to hoisting engines, air compressors, or elevators under federal control or to operating elevators in completed private or public buildings.

(2) The provisions of this chapter do not apply to forklifts and front-end and rear-end loaders or line trucks and bucket trucks.

(3) For the purposes of this section, "line trucks" are hoisting and digging devices mounted on a standard manufacturer's truck chassis with an all-weather cab capable of transporting a driver and two or more crew members. Line trucks are equipped with a hydraulically operated, telescoping boom that uses a nonmetallic cable for hoisting. Line trucks may be equipped with a rotary digging device and are capable of attaining maximum allowable highway speeds. "Bucket trucks" are personnel-lifting devices designed to lift personnel to work stations above ground. Bucket trucks are not designed for the purposes intended for a line truck.
Mont. Code Ann. § 50-5-1310 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1310
50-5-1310 Patient designation of trusted decisionmaker as proxy -- documentation by attending health care provider -- limitations on other proxies
Status: in_force

50-5-1310 . Patient designation of trusted decisionmaker as proxy -- documentation by attending health care provider -- limitations on other proxies. (1) At any time, after admission to a hospital, before an attending health care provider determines that an adult patient lacks decisional capacity under 50-5-1302 , the patient may designate a trusted decisionmaker to make health care decisions on behalf of the patient in the event the patient does not have decisional capacity.

(2) (a) The patient may designate a trusted decisionmaker by communicating to the patient's health care provider, or to a health care professional acting under the direction of the patient's health care provider, orally or otherwise, the identity of the individual whom the patient trusts to make health care decisions on the patient's behalf.

(b) The health care provider shall ensure that the communication by the patient designating a trusted decisionmaker is witnessed by a third party, who may be another health care professional or who may be a friend or family member of the patient.

(3) After the patient designates a trusted decisionmaker, the attending health care provider shall immediately notify the patient's family of the designation and shall document the following information related to the designation in the patient's health record:

(a) the identity of the trusted decisionmaker; and

(b) contact information of the trusted decisionmaker, to the extent it is available.

(4) When an individual is designated as a trusted decisionmaker under this section, an attending health care provider may not seek to select a lay proxy decisionmaker under 50-5-1303 or a medical proxy decisionmaker under 50-5-1304 unless the attending health care provider has made reasonable efforts to contact the trusted decisionmaker and the trusted decisionmaker cannot be contacted.

(5) A trusted decisionmaker is designated under this section, and the trusted decisionmaker remains in place until the patient completes an advance directive, completes a medical durable power of attorney, designates another trusted decisionmaker, or is discharged from the hospital.
Mont. Code Ann. § 50-51-110 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-110
50-51-110 Special revenue account
Status: in_force

50-51-110 . 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 it.
Mont. Code Ann. § 50-20-109 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-109
50-20-109 Control of practice of abortion
Status: in_force

50-20-109 . Control of practice of abortion. (1) Except as provided in 50-20-401 , an abortion may not be performed within the state of Montana:

(a) except by a licensed physician or physician assistant; and

(b) on an unborn child:

(i) who is capable of feeling pain, except as provided in 50-20-603 ; or

(ii) who is viable, unless necessary to preserve the life of the mother.

(2) Violation of subsection (1) is a felony.
Mont. Code Ann. § 50-62-103 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-103
50-62-103 Service of order to repair hazardous condition or demolish structure
Status: in_force

50-62-103 . Service of order to repair hazardous condition or demolish structure. (1) If the fire prevention and investigation section of the department of justice, an officer of the section, or any other person identified in 50-62-101 , upon an examination or inspection, determines that a building or other structure constitutes a public nuisance for any reason identified in 50-62-102 and the condition cannot be removed or remedied within 24 hours, the section, officer, or person shall order the hazardous condition to be repaired or the structure to be torn down or demolished and all dangerous conditions remedied.

(2) The order must be in writing, must provide the grounds for the order, and must be filed in the office of the clerk of the district court of the county in which the building or structure ordered to be altered, repaired, or demolished is located. All further proceedings for the enforcement of the order must be held in the district court in which the order is filed.

(3) A copy of the order filed as provided in this section, together with a written notice that it has been filed and will be put in force unless the owner, occupant, or tenant files objections or an answer to the order with the clerk of the court within the time specified in 50-62-104 , must be served upon the owner and any purchaser under contract for deed of the building or structure directed to be altered, repaired, or demolished. If there is a tenant occupying the building, service must also be made upon the tenant. Service must be made personally upon the owner and occupant, if there is one.

(4) If the location of the owner or any purchaser under contract for deed is unknown and cannot be ascertained by the department of justice by the exercise of reasonable diligence, then upon filing in the office of the clerk of the district court an affidavit to this effect, service of the notice upon the owner or any purchaser under contract for deed may be made by the clerk of the district court by publication of it once in each week for 3 successive weeks in a newspaper printed and published in the county in which the building or structure is located and by posting a copy of the notice in a conspicuous place upon the building or structure. Service made in this manner is complete upon the expiration of the publication period. Proof of service of the notice must be filed in the office of the clerk of the district court within 5 days after the service of the notice.
Mont. Code Ann. § 50-31-503 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-503
50-31-503 Prosecution of minor violations not required
Status: in_force

50-31-503 . Prosecution of minor violations not required. Nothing in this chapter shall be construed as requiring the department to report for the institution of proceedings under this chapter minor violations of this chapter whenever the department believes that the public interest will be adequately served in the circumstances by a suitable written notice of warning.
Mont. Code Ann. § 50-16-1004 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1004
50-16-1004 AIDS, HIV-related conditions, and HIV infection to be treated as other communicable diseases
Status: in_force

50-16-1004 . AIDS, HIV-related conditions, and HIV infection to be treated as other communicable diseases. It is the intent of the legislature to treat AIDS, HIV-related conditions, and HIV infection in the same manner as other communicable diseases, including sexually transmitted diseases, by adopting the most currently accepted public health practices with regard to testing, reporting, partner notification, and disease intervention. Nothing in this section is intended to prohibit the department from allowing testing for HIV infection to be performed and reported without identification of the subject of the test. The department shall adopt rules, as provided in 50-1-202 , to reflect this policy.
Mont. Code Ann. § 50-31-204 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-204
50-31-204 Labeling requirements for products in semblance of honey or containing honey
Status: in_force

50-31-204 . Labeling requirements for products in semblance of honey or containing honey. (1) Any product sold in semblance of honey which is a blend or mixture of honey and other ingredients must be labeled in such a way that the name of the main ingredient added to the honey will be printed so that it will be as prominent and conspicuous as the word "honey". The word "imitation" may not be used in the name of a product which is in semblance of honey whether or not it contains any honey.

(2) The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product. The relative position of the word "honey" in the product name and in the list of ingredients, when required, shall be determined by its prominence as an ingredient in the product.
Mont. Code Ann. § 50-20-705 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-705
50-20-705 Distribution of abortion-inducing drugs
Status: in_force

50-20-705 . Distribution of abortion-inducing drugs. (1) Because the failure and complication rates from a chemical abortion increase with advancing gestational age and because the physical symptoms of chemical abortion can be identical to the symptoms of ectopic pregnancy and abortion-inducing drugs do not treat ectopic pregnancies and are contraindicated in ectopic pregnancies, the qualified medical practitioner providing an abortion-inducing drug shall examine the woman in person and, prior to providing an abortion-inducing drug, shall:

(a) independently verify that a pregnancy exists;

(b) determine the woman's blood type, and if the woman is Rh negative, be able to and offer to administer RhoGAM at the time of the abortion;

(c) inform the woman that the woman may see the remains of the unborn child in the process of completing the abortion; and

(d) document in the woman's medical chart the gestational age and intrauterine location of the pregnancy and whether the woman received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care.

(2) A qualified medical practitioner providing an abortion-inducing drug must be credentialed and competent to handle complications management, including emergency transfer, or must have a signed contract with an associated medical practitioner who is credentialed to handle complications and must be able to produce the signed contract on demand by the woman or by the department. Each woman to whom a qualified medical practitioner provides an abortion-inducing drug must be given the name and phone number of the associated medical practitioner.

(3) The qualified medical practitioner providing an abortion-inducing drug, or an agent of the qualified medical practitioner, shall schedule a followup visit for the woman at approximately 7 to 14 days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified medical practitioner shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making the efforts, must be included in the woman's medical record.
Mont. Code Ann. § 50-53-202 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-202
50-53-202 Application for and right to license
Status: in_force

50-53-202 . Application for and right to license. (1) An application for both an original and renewal license to operate a public swimming pool or public bathing place must be made to the department, must contain the information required by the department, and must be accompanied by the fee provided for in 50-53-203 .

(2) A license must be issued to an applicant who has satisfied the requirements for a license provided in part 1, this part, and department rules.

(3) Upon issuing a license, the department shall forward the license to the appropriate local health officer for validation as provided in 50-53-206 , if applicable.
Mont. Code Ann. § 50-32-501 — MT Code / Title 50 / Chapter 32 / Part 5 / Section 50-32-501
50-32-501 Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties
Status: in_force

50-32-501 . Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties . (1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams within any 30-day period or more than 3.6 grams per day of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, any of their salts or optical isomers, or salts of their optical isomers.

(2) This section does not apply to any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription or as provided in 50-32-502 .

(3) Possession of more than 9 grams of a drug product containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.

(4) The rebuttable presumption in subsection (3) does not apply to:

(a) a retail distributor of drug products;

(b) a wholesale drug distributor, or its agents, licensed by the board of pharmacy;

(c) a manufacturer of drug products or its agents;

(d) a pharmacist licensed by the board of pharmacy; or

(e) a licensed health care professional possessing the drug products in the course of carrying out the profession.

(5) A person who knowingly or negligently violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 1 year.
Mont. Code Ann. § 50-72-205 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-205
50-72-205 Procedure when noncompliance not likely to cause death or serious injury
Status: in_force

50-72-205 . Procedure when noncompliance not likely to cause death or serious injury. (1) If, upon any inspection or investigation, an authorized representative finds that there has been a failure to comply with a mandatory standard that is applicable to a mine, but that the failure to comply has not created a danger that could reasonably be expected to cause death or serious physical harm in the mine immediately or before the threat of the danger can be eliminated, the representative shall determine what would be a reasonable period of time within which the violation should be totally abated and issue a notice fixing a reasonable time for the abatement of the violation.

(2) If, upon the expiration of the period of time as originally fixed or extended, the authorized representative finds that the violation has not been totally abated and if the representative also finds that the period of time should not be further extended, the representative shall also determine the extent of the area that is affected by the violation. After the determination, the department shall make an order requiring the operator of the mine to cause all persons in that area to be withdrawn from and to be barred from entering the area, except for the following persons whose presence in the area is necessary to abate the violation described in the order:

(a) any person whose presence in the area is necessary in the judgment of the operator of the mine to abate the violation described in the order;

(b) any public official whose official duties require the official to enter the area;

(c) any legal or technical consultant or any representative of the employees of the mine who is a person qualified to make examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order.
Mont. Code Ann. § 50-57-110 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-110
50-57-110 Costs and expenses -- recovery by department or county
Status: in_force

50-57-110 . 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 an establishment that is found to be in willful 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. These costs are limited to the direct costs of investigations and other expenses.
Mont. Code Ann. § 50-60-510 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-510
50-60-510 Inspections to ensure compliance
Status: in_force

50-60-510 . Inspections to ensure compliance. All plumbing and drainage systems may be inspected by the department of labor and industry or an authorized representative or by a county, city, or town certified to perform an inspection pursuant to 50-60-302 in order to ensure compliance with the requirements of the state plumbing code. As part of any inspection, the inspector shall request proof of licensure from any person who is required to be licensed who is involved with or, in the inspector's judgment, appears to be involved with plumbing activities if the person is on the site. The inspector shall report any instance of license violation to the inspector's employing agency, and the employing agency shall in turn report the violation to the board of plumbers.
Mont. Code Ann. § 50-48-106 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-106
50-48-106 Injunctions
Status: in_force

50-48-106 . Injunctions. A regulatory authority may bring an action for an injunction against any continued violation of this chapter or any rule adopted under 50-48-103 or 50-48-203 .
Mont. Code Ann. § 50-10-104 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-104
50-10-104 Effect on insurance -- patient's decision
Status: in_force

50-10-104 . Effect on insurance -- patient's decision. (1) Death resulting from the withholding or withdrawal of emergency life-sustaining procedures pursuant to the do not resuscitate protocol and in accordance with this part is not, for any purpose, a suicide or homicide.

(2) The possession of DNR identification pursuant to this part does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of emergency life-sustaining procedures from an insured person possessing DNR identification, notwithstanding any term of the policy to the contrary.

(3) A physician, advanced practice registered nurse, health care facility, or other health care provider and a health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan may not require a person to possess DNR identification as a condition for being insured for or receiving health care services.

(4) This part does not create a presumption concerning the intention of an individual who does not possess DNR identification with respect to the use, withholding, or withdrawal of emergency life-sustaining procedures.

(5) This part does not increase or decrease the right of a patient to make decisions regarding the use of emergency life-sustaining procedures if the patient is able to do so, nor does this part impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this part are cumulative.

(6) This part does not authorize or approve mercy killing.
Mont. Code Ann. § 50-17-203 — MT Code / Title 50 / Chapter 17 / Part 2 / Section 50-17-203
50-17-203 Confidentiality
Status: in_force

50-17-203 . Confidentiality. (1) In reporting and reviewing data pursuant to this part, the department, hospitals, critical access hospitals, emergency medical service providers, and health care professionals shall comply with any restrictions established on use of the information contained in the data platform the department is monitoring.

(2) Information obtained by the department pursuant to this part may be released only in a statistical, nonidentifiable form.
Mont. Code Ann. § 50-9-503 — MT Code / Title 50 / Chapter 9 / Part 5 / Section 50-9-503
50-9-503 Entry of declaration into health care declaration registry -- removal of declaration
Status: in_force

50-9-503 . Entry of declaration into health care declaration registry -- removal of declaration. (1) Upon receipt of a declaration pertaining to life-sustaining treatment, the attorney general shall determine if the declaration is in compliance with the provisions of 50-9-103 . If the declaration is not in compliance with the provisions of 50-9-103 , the attorney general shall return the declaration together with a statement that the declaration was not filed due to its nonconformance with the requirements of 50-9-103 .

(2) (a) If a declaration is accepted for filing, the attorney general shall create a digital copy of the declaration and enter it into the database of the health care declaration registry.

(b) The attorney general shall assign a unique access code to each individual who files a declaration that may be used by that individual or by a health care provider in a case in which the individual becomes a qualified patient to access the registry to view the filed declaration.

(c) (i) After entering the digital copy of the declaration in the registry, the attorney general shall return to the individual filing the declaration the original declaration along with two wallet-sized cards that indicate that a copy of the declaration exists in the registry and that the name and access code on the cards may be used to access the registry to view an electronic copy of the declaration.

(ii) (A) In addition to the materials provided to an individual filing a declaration under subsection (2)(c)(i), the attorney general shall include a form asking the individual filing the declaration to indicate on the form the privacy level that the individual desires with respect to accessing the declaration and asking the individual to return the form to the attorney general.

(B) An individual shall choose between two privacy levels. The standard privacy level allows access by the individual filing the declaration, appropriate health care providers, anyone with the name and access code, and anyone with the social security number, birth date, and mother's maiden name of the individual who filed the declaration. The higher privacy level allows access only by the individual filing the declaration, appropriate health care providers, and anyone with the name and access code. If a form indicating a choice of privacy level is not returned to the attorney general, the attorney general shall use the standard privacy level in determining access to a declaration.

(3) If the attorney general receives a notice of the revocation of a declaration that is contained in the health care declaration registry or is notified that a person who is the subject of a declaration filed in the registry is deceased, the attorney general shall remove that declaration from the registry.
Mont. Code Ann. § 50-12-109 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-109
50-12-109 State action prohibited
Status: in_force

50-12-109 . State action prohibited. (1) An official, employee, or agent of the state may not block or attempt to block:

(a) a patient's access to an experimental treatment; or

(b) a health care facility's recommendation that a patient have access to, or the health care facility's provision of, an experimental treatment.

(2) A health care provider's counseling, advice, or recommendation about treatment options, including experimental treatments, is not a violation of this section.
Mont. Code Ann. § 50-51-203 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-203
50-51-203 Right to renewal
Status: in_force

50-51-203 . Right to renewal. (1) Existing licenses shall be renewed as a matter of right, unless conditions exist which are grounds for a cancellation or denial of a license.

(2) Renewal may be obtained annually by paying the required annual license fee.
Mont. Code Ann. § 50-52-204 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-204
50-52-204 Local board to report number of licensees to department
Status: in_force

50-52-204 . Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction which are licensed under this part.
Mont. Code Ann. § 50-16-551 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-551
50-16-551 Criminal penalty
Status: in_force

50-16-551 . Criminal penalty. (1) A person who by means of bribery, theft, or misrepresentation of identity, purpose of use, or entitlement to the information examines or obtains, in violation of this part, health care information maintained by a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.

(2) A person who, knowing that a certification under 50-16-536 (2) or a disclosure authorization under 50-16-526 and 50-16-527 is false, purposely presents the certification or disclosure authorization to a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.
Mont. Code Ann. § 50-50-217 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-217
50-50-217 Water hauler requirements
Status: in_force

50-50-217 . Water hauler requirements. As a requirement for licensure, a water hauler may obtain potable water only from an approved public water supply system, as defined in 75-6-102 , or from sources approved and adopted by the department by rule.
Mont. Code Ann. § 50-78-305 — MT Code / Title 50 / Chapter 78 / Part 3 / Section 50-78-305
50-78-305 Employee education program
Status: in_force

50-78-305 . Employee education program. (1) Each employer shall provide, at least annually, an education and training program for all of the employer's employees using or handling hazardous chemicals. Additional instruction must be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees must be provided training before working with or in a work area containing a hazardous chemical.

(2) The programs must provide instruction in:

(a) interpreting labels and material safety data sheets and the relationship between these two methods of hazard communication;

(b) the location and acute and chronic effects of hazardous chemicals used by the employees; and

(c) the safe handling, protective equipment, first-aid treatment, and cleanup and disposal procedures for hazardous chemicals.

(3) The employer shall keep a record of the dates of training sessions given to employees and the names of the employees attending.
Mont. Code Ann. § 50-60-110 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-110
50-60-110 Violation a misdemeanor
Status: in_force

50-60-110 . Violation a misdemeanor. Any person served with an order pursuant to the provisions of parts 1 through 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, their agents, or any person taking part or assisting in the construction or use of any building who knowingly violates any of the applicable provisions of the state building, plumbing, elevator, or electrical code or county, city, or town building code is guilty of a misdemeanor.
Mont. Code Ann. § 50-49-103 — MT Code / Title 50 / Chapter 49 / Part 1 / Section 50-49-103
50-49-103 Definitions
Status: in_force

50-49-103 . Definitions. For purposes of this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Food programs and nutrition services" means public or private programs to provide food and nutrition assistance to persons who have need. The term includes but is not limited to the food stamp program, food programs for the elderly, and supplemental food programs for women, infants, and children.
Mont. Code Ann. § 50-5-309 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-309
50-5-309 Exemptions from certificate of need review
Status: in_force

50-5-309 . Exemptions from certificate of need review. The following are exempt from a certificate of need review:

(1) construction of a state-owned long-term care facility; and

(2) repair or replacement of a long-term care facility damaged or destroyed as a result of fire, storm, civil disturbance, or an act of God if the use of the facility after repair or replacement is within the scope of the facility's original license issued pursuant to Title 50, chapter 5, part 2.
Mont. Code Ann. § 50-78-202 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-202
50-78-202 Workplace chemical list
Status: in_force

50-78-202 . Workplace chemical list. (1) Each employer shall compile and maintain a workplace chemical list. Except as provided in 50-78-205 , the workplace chemical list must contain the chemical name of each hazardous chemical in the workplace, cross-referenced to any generally used common name. For chemical mixtures, the chemical name of each hazardous constituent indicated on the material safety data sheet must be provided in parentheses along with the chemical name. The chemical abstracts service registry number, if available from the material safety data sheet, must accompany all chemical names on the workplace chemical list.

(2) The workplace chemical list must indicate the work area in which each hazardous chemical is normally stored or used.

(3) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided the list is readily available to employees and their designated representatives.

(4) New or newly assigned employees must be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.

(5) The workplace chemical list must be updated as necessary but not less than annually.
Mont. Code Ann. § 50-4-714 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-714
50-4-714 Effect of determination
Status: in_force

50-4-714 . Effect of determination. Determinations made by the commissioner and the attorney general under 50-4-713 become effective on the date on which both the commissioner and the attorney general have issued orders under 50-4-713 .
Mont. Code Ann. § 50-5-225 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-225
50-5-225 Assisted living facilities -- services to residents -- employee background checks
Status: in_force

50-5-225 . Assisted living facilities -- services to residents -- employee background checks. (1) An assisted living facility shall, at a minimum, provide or make provisions for:

(a) personal services, such as laundry, housekeeping, food service, and local transportation;

(b) assistance with activities of daily living, as provided for in the facility admission agreement and that do not require the use of a licensed health care professional or a licensed practical nurse;

(c) recreational activities;

(d) assistance with self-medication;

(e) 24-hour onsite supervision by staff; and

(f) assistance in arranging health-related services, such as medical appointments and appointments related to hearing aids, glasses, or dentures.

(2) An assisted living facility may provide, make provisions for, or allow a resident to obtain third-party provider services for:

(a) the administration of medications consistent with applicable laws and regulations; and

(b) skilled nursing care or other skilled services related to temporary, short-term, acute illnesses, which may not exceed 30 consecutive days for one episode or more than a total of 120 days in 1 year.

(3) An assisted living facility shall conduct a background check on all individuals who have accepted employment. The background check may be a name-based background check.

(4) An assisted living facility may not employ a person who:

(a) has been found guilty in a court of law of an offense involving abuse, neglect, exploitation, mistreatment, or misappropriation of property;

(b) has been subject to disciplinary action by a state professional licensing board because of a finding of abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property; or

(c) has had a finding entered into the state nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property.

(5) An assisted living facility may provisionally employ an individual pending the results of a background check.
Mont. Code Ann. § 50-52-209 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-209
50-52-209 Refusal by local health officer -- appeal to board
Status: in_force

50-52-209 . Refusal by local health officer -- appeal to board. (1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.

(2) The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.

(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-30-108 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-108
50-30-108 Carriers to permit inspection
Status: in_force

50-30-108 . Carriers to permit inspection. (1) For the purpose of enforcing the provisions of this chapter, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the department, permit such officer or employee at reasonable times to have access to and to copy all records showing the movement in commerce of any such hazardous substances, the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof.

(2) It is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates, provided that evidence obtained under this section is not used in a criminal prosecution of the person from whom obtained.

(3) Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
Mont. Code Ann. § 50-20-113 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-113
50-20-113 Provision of information -- exceptions -- penalty
Status: in_force

50-20-113 . Provision of information -- exceptions -- penalty. (1) (a) Except as provided in subsection (2), a person performing an abortion on a pregnant woman or that person's agent shall inform the woman of the opportunity to:

(i) view an active ultrasound of the unborn child;

(ii) view an ultrasound image of the unborn child; and

(iii) listen to the fetal heart tone of the unborn child, if audible.

(b) The quality of the active ultrasound, ultrasound image, and auscultation of the fetal heart tone must be consistent with standard medical practices in the community in which the abortion is being performed.

(2) Subsection (1) does not apply to a procedure performed with the intent to:

(a) save the life of the woman;

(b) ameliorate a serious risk of causing the woman substantial and irreversible impairment of a bodily function; or

(c) remove an ectopic pregnancy.

(3) The person performing the abortion or that person's agent shall obtain the woman's signature on a certification form developed by the department that:

(a) contains an acknowledgment that the woman was informed of the opportunities provided for in subsection (1); and

(b) indicates whether the woman viewed the active ultrasound or ultrasound image or listened to the fetal heart tone.

(4) (a) Before an abortion is performed or attempted, the person who is performing or attempting the abortion must receive a copy of the signed certification form provided for in subsection (3).

(b) A copy of the certification form must be retained in the woman's medical record.

(5) A person who performs or attempts to perform an abortion in violation of this section is subject to a civil penalty of $1,000.
Mont. Code Ann. § 50-60-508 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-508
50-60-508 Permit fees
Status: in_force

50-60-508 . Permit fees. (1) The department of labor and industry shall establish permit fees in accordance with the Montana Administrative Procedure Act, and the fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part and the Montana state plumbing code and for other purposes as established by law.

(2) For the purpose of 50-60-505 through 50-60-513 , a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached must be construed to be a fixture. Fees for reconnection and retest of plumbing systems in relocated buildings must be based on the number of plumbing fixtures, gas systems, water heaters, and the like involved. The fees established pursuant to this section must be commensurate with the costs of the administration and enforcement of this part and with appropriations for other purposes.
Mont. Code Ann. § 50-9-203 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-203
50-9-203 Transfer of patients
Status: in_force

50-9-203 . Transfer of patients. An attending physician, attending advanced practice registered nurse, or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician, advanced practice registered nurse, or health care provider who is willing to do so. If the policies of a health care facility preclude compliance with the declaration of a qualified patient under this chapter, that facility shall take all reasonable steps to transfer the patient to a facility in which the provisions of this chapter can be carried out.
Mont. Code Ann. § 50-5-503 — MT Code / Title 50 / Chapter 5 / Part 5 / Section 50-5-503
50-5-503 Refusal by individual to participate in sterilization
Status: in_force

50-5-503 . Refusal by individual to participate in sterilization. (1) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in sterilization because of religious beliefs or moral convictions.

(2) If requested by any hospital or health care facility or person desiring sterilization, such refusal shall be in writing signed by the person refusing but may refer generally to the grounds of "religious beliefs and moral convictions".

(3) The refusal of any person to advise concerning, perform, assist, or participate in sterilization shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.
Mont. Code Ann. § 50-43-107 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-107
50-43-107 Medication not endorsed -- permitted as dietary supplement
Status: in_force

50-43-107 . Medication not endorsed -- permitted as dietary supplement. This part:

(1) is not an endorsement of calcium-EAP, harnosal, or phosetamin for the treatment of any malignancy, disease, illness, or physical condition; and

(2) does not prohibit use of calcium-EAP, harnosal, or phosetamin as a dietary supplement.
Mont. Code Ann. § 50-5-201 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-201
50-5-201 License requirements
Status: in_force

50-5-201 . License requirements. (1) A facility or licensee considering construction of or alteration or addition to a health care facility shall submit plans and specifications to the department for preliminary inspection and approval prior to commencing construction.

(2) A person may not operate a health care facility unless the facility is licensed by the department. Licenses may be issued for a period of 1 to 3 years in duration. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transferred.

(3) Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department or destroyed by the owners.

(4) Licenses must be displayed in a conspicuous place near the admitting office of the facility.
Mont. Code Ann. § 50-32-502 — MT Code / Title 50 / Chapter 32 / Part 5 / Section 50-32-502
50-32-502 Restricted sale and access to ephedrine or pseudoephedrine products -- exceptions -- penalties
Status: in_force

50-32-502 . Restricted sale and access to ephedrine or pseudoephedrine products -- exceptions -- penalties. (1) The retail sale of a product that contains any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers may be made only in a pharmacy licensed pursuant to Title 37, chapter 7, or a retail establishment that is certified by the department of justice pursuant to subsection (2).

(2) (a) If there is not a licensed community pharmacy within a county, then a retail establishment may apply to the department of justice for certification as an establishment that is allowed to sell products that contain any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.

(b) The department of justice shall adopt rules to establish criteria for the certification of retail establishments with the intent to limit the available supply of ephedrine and pseudoephedrine to prevent the manufacture of methamphetamine.

(c) The department of justice may certify a retail establishment based on the criteria adopted by rule.

(3) Except as provided in subsection (5), a licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall:

(a) display the products containing ephedrine or pseudoephedrine behind the store counter in an area that is not accessible to customers or in a locked case so that a customer is required to ask an employee of the licensed pharmacy or certified retail establishment for assistance in purchasing the product;

(b) limit sales to packages containing no more than a total of 3.6 grams base weight;

(c) require the person purchasing, receiving, or otherwise acquiring any product, mixture, or preparation containing ephedrine or pseudoephedrine to produce a valid driver's license or other form of valid government-issued photo identification and sign a record of sale or acquisition that includes the type of identification presented, including the identification number and issuing governmental entity, the time and date of the transaction, the name and address of the person purchasing or acquiring the ephedrine or pseudoephedrine, and the name of the ephedrine or pseudoephedrine product sold, including the number of grams contained in the product;

(d) require the purchaser to sign the record of sale or acquisition, acknowledging:

(i) that the record may be kept in written or electronic form;

(ii) an understanding of the applicable sales limit; and

(iii) that providing false statements or misrepresentations may subject the purchaser to criminal penalties under 18 U.S.C. 1001; and

(e) take action as necessary to ensure that a person does not purchase or acquire more than 3.6 grams per day of ephedrine or pseudoephedrine from the licensed pharmacy or certified retail establishment provided for in subsection (1) or more than 9 grams in any 30-day period. The limits apply to the total amount of base ephedrine or pseudoephedrine contained in the products and not to the overall weight of the products.

(4) A licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall maintain all records made under subsection (3) and enter the records into the recordkeeping and monitoring system provided for in 50-32-503 . Each record must be maintained by the licensed pharmacy or certified retail establishment provided for in subsection (1) for 2 years.

(5) This section does not apply to:

(a) any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription;

(b) the sale of a single package containing no more than 60 milligrams of ephedrine or pseudoephedrine to an individual;

(c) a product that the board, upon application by a manufacturer, exempts from this section by rule because the product has been formulated in a manner as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or

(d) any product or precursor dispensed pursuant to a prescription.

(6) (a) A person who negligently violates any provision of this section is punishable by a fine of not more than $500.

(b) A person who knowingly violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 10 days.

(7) This section supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision or other unit of local government that attempts to regulate the sale or purchase of compounds, mixtures, or preparations containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.
Mont. Code Ann. § 50-9-504 — MT Code / Title 50 / Chapter 9 / Part 5 / Section 50-9-504
50-9-504 Registry information -- confidentiality -- transfer of information
Status: in_force

50-9-504 . Registry information -- confidentiality -- transfer of information. (1) The health care declaration registry must be designed to be accessible only by entering a name and access code on the internet website maintained by the attorney general or by the use of a password issued pursuant to subsection (3).

(2) Names and access codes are confidential and may not be disclosed to any person other than the person who submitted the declaration, a person named in the declaration, or a health care provider for whom the person named in the declaration is a qualified patient.

(3) (a) The attorney general shall issue confidential passwords to attending physicians, attending advanced practice registered nurses, and hospital medical records department staff that allow them to search the health care declaration database for a qualified patient who is unable to communicate health care choices.

(b) The attorney general shall establish by rule procedures for applying for and the issuance of confidential passwords to those persons described in subsection (3)(a).

(4) At the request of a person who submitted a declaration or who is named in the declaration, the attorney general may transmit the information received regarding the declaration to the registry system of another jurisdiction as identified by the requestor.
Mont. Code Ann. § 50-31-507 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-507
50-31-507 Exceptions to penalties
Status: in_force

50-31-507 . Exceptions to penalties. (1) A person is not subject to the penalties of 50-31-506 for having violated 50-31-501 (1) or (3) if the person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state of Montana from whom the person received in good faith the article to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.

(2) The publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is not liable under 50-31-506 by reason of the dissemination by the person of the false advertisement, unless the person has refused, on the request of the department, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the state of Montana who causes the person to disseminate the advertisement.
Mont. Code Ann. § 50-6-210 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-210
50-6-210 Provision of patient care in health care facility
Status: in_force

50-6-210 . Provision of patient care in health care facility. An emergency care provider may provide patient care in a health care facility when the care is approved by the health care facility, provided under online medical direction as defined in 50-6-302 , and within the scope of the emergency care provider's licensure level.
Mont. Code Ann. § 50-48-107 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-107
50-48-107 County attorney to prosecute violations
Status: in_force

50-48-107 . County attorney to prosecute violations. When a regulatory authority furnishes evidence to the county attorney of a county in this state where the violating establishment operates, the county attorney shall prosecute any person violating this chapter or any rule adopted under 50-48-103 or 50-48-203 .
Mont. Code Ann. § 50-6-302 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-302
50-6-302 Definitions
Status: in_force

50-6-302 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Aircraft" has the meaning provided in 67-1-101 . The term includes any fixed-wing airplane or helicopter.

(2) (a) "Ambulance" means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients.

(b) The term does not include:

(i) a motor vehicle or aircraft owned by or operated under the direct control of the United States; or

(ii) air transportation services, such as charter or fixed-based operators, that are regulated by the federal aviation administration and that offer no special medical services or provide only transportation to patients or persons at the direction or under the supervision of an independent physician.

(3) "Board" means the Montana state board of medical examiners provided for in 2-15-1731 .

(4) "Community-integrated health care" means the provision of out-of-hospital medical services that an emergency care provider with an endorsement may provide as determined by department of labor and industry rule.

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

(6) "Emergency medical service" means an out-of-hospital health care treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit that is licensed by the department to provide out-of-hospital health care treatment services or interfacility emergency medical transportation, including community-integrated health care.

(7) "Nonemergency ambulance transport" means the use of an ambulance to transport a patient between health care facilities, as defined in 50-5-101 , including federal facilities, when the patient's medical condition requires special transportation considerations, supervision, or handling but does not indicate a need for medical treatment during transit or for emergency medical treatment upon arrival at the receiving health care facility.

(8) "Nontransporting medical unit" means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. Nontransporting medical units provide any one of varying types and levels of service defined by department rule but may not transport patients.

(9) "Offline medical direction" means the function of a board-licensed physician or physician assistant in providing:

(a) medical oversight and supervision for an emergency medical service or an emergency care provider; and

(b) review of patient care techniques, emergency medical service procedures, and quality of care.

(10) "Online medical direction" means the function of a board-licensed physician or physician assistant or the function of a designee of the physician or physician assistant in providing direction, advice, or orders to an emergency care provider for interfacility emergency medical transportation, out-of-hospital, emergency medical, or community-integrated health care, or patient care within a health care facility as identified in a plan for offline medical direction.

(11) (a) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

(b) Unless otherwise defined by rule for community-integrated health care, the term does not include an individual who is nonambulatory and who needs transportation assistance solely because that individual is confined to a wheelchair as the individual's usual means of mobility.

(12) "Person" means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States.

(13) "Volunteer emergency care provider" means an individual who is licensed pursuant to Title 50, chapter 6, part 2, and provides out-of-hospital, emergency medical, or community-integrated health care, patient care within a health care facility, or interfacility emergency medical transportation:

(a) on the days and at the times of the day chosen by the individual; and

(b) for an emergency medical service other than:

(i) a private ambulance company, unless the care is provided without compensation and outside of the individual's regular work schedule; or

(ii) a private business or a public agency, as defined in 7-1-4121 , that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.
Mont. Code Ann. § 50-20-505 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-505
50-20-505 Consent form -- disclosure -- requirements for validity
Status: in_force

50-20-505 . Consent form -- disclosure -- requirements for validity. (1) The department of public health and human services shall create a consent form to be used by physicians, physician assistants, or their agents in obtaining the consent of a parent or legal guardian as required under 50-20-504 or in obtaining the waiver of the consent of a parent or legal guardian as provided for in 50-20-507 .

(2) The form must disclose but is not limited to the following:

(a) any information that a physician or physician assistant is required by law to provide to the minor and the rights of the minor;

(b) the rights of the parent or legal guardian;

(c) the surgical or medical procedures that may be performed on the minor;

(d) the risks and hazards related to the procedures planned for the minor, including but not limited to the risks and hazards associated with:

(i) any surgical, medical, or diagnostic procedure, including the potential for infection, blood clots in veins and lungs, hemorrhage, and allergic reactions;

(ii) a surgical abortion, including hemorrhage, uterine perforation or other damage to the uterus, sterility, injury to the bowel or bladder, a potential hysterectomy caused by a complication or injury during the procedure, and the possibility of additional procedures being required because of failure to remove all products of conception;

(iii) a medical or nonsurgical abortion, including hemorrhage, sterility, the continuation of the pregnancy, and the possibility of additional procedures being required because of failure to remove all products of conception; and

(iv) the particular procedure that is planned for the minor, including cramping of the uterus, pelvic pain, infection of the female reproductive organs, cervical laceration, incompetent cervix, and the requirement of emergency treatment for any complications.

(3) The form must include:

(a) a minor consent statement that the minor is required to sign. The minor consent statement must include but is not limited to the following points, each of which must be initialed by the minor:

(i) the minor understands that the physician or physician assistant is going to perform an abortion on the minor and that the abortion will end the minor's pregnancy;

(ii) the minor is not being coerced into having an abortion, the minor has the choice not to have the abortion, and the minor may withdraw consent at any time prior to the abortion;

(iii) the minor consents to the procedure;

(iv) the minor understands the risks and hazards associated with the surgical or medical procedures planned for the minor;

(v) the minor has been provided the opportunity to ask questions about the pregnancy, alternative forms of treatment, the risk of nontreatment, the procedures to be used, and the risks and hazards involved; and

(vi) the minor has sufficient information to give informed consent.

(b) a parental consent statement that a parent or legal guardian is required to sign. The parental consent statement must include but is not limited to the following points, each of which must be initialed by a parent or legal guardian:

(i) the parent or legal guardian understands that the physician or physician assistant who signed the physician declaration statement provided for in subsection (3)(c) is going to perform an abortion on the minor that will end the minor's pregnancy;

(ii) the parent or legal guardian had the opportunity to read the consent form or had the opportunity to have the consent form read to the parent or legal guardian;

(iii) the parent or legal guardian had the opportunity to ask questions of the physician or physician assistant or the agent of the physician or physician assistant regarding the information contained in the consent form and the surgical and medical procedures to be performed on the minor;

(iv) the parent or legal guardian has been provided sufficient information to give informed consent.

(c) a physician declaration that the physician or physician assistant is required to sign, declaring that:

(i) the physician or physician assistant or the agent of the physician or physician assistant explained the procedure and contents of the consent form to the minor and a parent or legal guardian of the minor and answered any questions; and

(ii) to the best of the physician's or physician assistant's knowledge, the minor and a parent or legal guardian of the minor have been adequately informed and have consented to the abortion; and

(d) a signature page for a parent or legal guardian of the minor that must be notarized and that includes an acknowledgment by the parent or legal guardian affirming that the parent or legal guardian is the minor's parent or legal guardian.
Mont. Code Ann. § 50-5-307 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-307
50-5-307 Civil penalty -- injunction
Status: in_force

50-5-307 . Civil penalty -- injunction. (1) A person who violates the terms of 50-5-301 is subject to a civil penalty of not less than $1,000 or more than $10,000. Each day of violation constitutes a separate offense. The department or, upon request of the department, the county attorney of the county where the health care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty shall be deposited in the state general fund.

(2) The department or, upon request of the department, the county attorney of the county where the long-term care facility in question is located may bring an action to enjoin a violation of 50-5-301 , in addition to or exclusive of the remedy in subsection (1).
Mont. Code Ann. § 50-31-313 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-313
50-31-313 Code imprint required on legend drugs
Status: in_force

50-31-313 . Code imprint required on legend drugs. No legend drug in solid dosage form may be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug.
Mont. Code Ann. § 50-32-301 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-301
50-32-301 Annual registration required for manufacturer, distributor, or dispenser
Status: in_force

50-32-301 . Annual registration required for manufacturer, distributor, or dispenser. (1) Every person who manufactures, distributes, or dispenses any dangerous drug within this state must obtain annually a registration issued by the department in accordance with board rules.

(2) Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with dangerous drugs may possess, manufacture, distribute, dispense, or conduct research with those drugs to the extent authorized by their registration and in conformity with the other provisions of this chapter.
Mont. Code Ann. § 50-51-209 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-209
50-51-209 Cancellation of license
Status: in_force

50-51-209 . Cancellation of license. The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.
Mont. Code Ann. § 50-60-607 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-607
50-60-607 Energizing electrical installation without permit -- misdemeanor
Status: in_force

50-60-607 . Energizing electrical installation without permit -- misdemeanor. Any person, partnership, company, firm, association, or corporation, other than a power supplier, that energizes an electrical installation under this part for which an electrical permit has not been issued by the department of labor and industry or a county, city, or town certified to enforce the electrical code pursuant to 50-60-302 is guilty of a misdemeanor.
Mont. Code Ann. § 50-60-302 — MT Code / Title 50 / Chapter 60 / Part 3 / Section 50-60-302
50-60-302 Certification of county, city, or town building codes
Status: in_force

50-60-302 . Certification of county, city, or town building codes. (1) A county, city, or town may not enforce a building code unless:

(a) the code enforcement program has been certified by the department as in compliance with applicable statutes and department certification rules;

(b) the current adopted code, a current list of fees to be imposed, and a current plan for enforcement of the code have been filed with and approved by the department; and

(c) all inspectors inspecting or approving any installations, which if accomplished commercially require state licensure, must themselves be properly and currently state-licensed as journeymen in that craft or occupation or be certified by a nationally recognized entity for testing and certification of inspectors that is approved by the department before being permitted to inspect or approve any installations.

(2) (a) Subject to subsection (2)(b), the department shall adopt additional rules and standards governing the certification of county, city, and town building code enforcement programs that must include provisions for prompt revocation of certification for refusal or failure to comply with any applicable statute or rule. The department may allow a county, city, or town a reasonable amount of time, not to exceed 6 months, to correct identified code enforcement program deficiencies, unless the deficiencies constitute an immediate threat to the public health, safety, or welfare, in which case the department may require immediate correction. Failure to correct deficiencies within the time set by the department constitutes a basis for immediate decertification of the code enforcement program. Continued operation of a county, city, or town code enforcement program in violation of a department order to correct deficiencies may be enjoined or subject to a writ of mandamus by a judge of the district court in the jurisdiction in which the county, city, or town is located.

(b) The rules and standards must include provisions for the department to ensure that all code enforcement program functions are being properly performed. The rules may not require a financial audit or a review of fees of a county, city, or town code enforcement program that is in addition to or separate from an audit conducted under 2-7-503 .

(3) If the certification of any local government code enforcement program is revoked for any violation or deficiency, the state resumes its original jurisdiction for state building code enforcement within the county, city, or town area and the local government retains the responsibility for completion of inspections and issuance of certificates of occupancy on any incomplete construction projects previously permitted by the county, city, or town, unless the reason for the decertification is directly related to the protection of health, safety, and welfare of the public.

(4) If a county, city, or town voluntarily decertifies its code enforcement program, the department must be given written notification of the intended decertification at least 90 days prior to the date of decertification. The county, city, or town retains the responsibility for completion of inspections and issuance of certificates of occupancy on any incomplete construction projects permitted by the county, city, or town prior to decertifying its code enforcement program.
Mont. Code Ann. § 50-9-105 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-105
50-9-105 When declaration operative
Status: in_force

50-9-105 . When declaration operative. (1) A declaration becomes operative when:

(a) it is communicated to the attending physician or attending advanced practice registered nurse; and

(b) the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment.

(2) Except as provided in 72-17-216 , when the declaration becomes operative, the attending physician or attending advanced practice registered nurse and other health care providers shall act in accordance with its provisions and with the instructions of a designee under 50-9-103 (1) or comply with the transfer requirements of 50-9-203 .
Mont. Code Ann. § 50-32-104 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-104
50-32-104 Board's authority limited
Status: in_force

50-32-104 . Board's authority limited. Authority to control under 50-32-103 does not extend to distilled spirits, liquor, wine, malt beverages, beer, porter, ale, stout, or tobacco.
Mont. Code Ann. § 50-60-720 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-720
50-60-720 Violation -- misdemeanor -- injunction
Status: in_force

50-60-720 . Violation -- misdemeanor -- injunction. (1) Any person taking part or assisting in the design, construction, alteration, operation, maintenance, repair, inspection, installation, or testing of elevators, escalators, dumbwaiters, or other equipment subject to the provisions of this part who knowingly violates any provision of this part, the applicable building code, or any lawful order of a state, county, or municipal building official is guilty of a misdemeanor.

(2) A violation described in subsection (1) may be enjoined by a district court judge in the judicial district where the violation occurs.

(3) Subsection (2) is governed by the Montana Rules of Civil Procedure.
Mont. Code Ann. § 50-72-207 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-207
50-72-207 Notice or order subject to annulment, cancellation, or revision
Status: in_force

50-72-207 . Notice or order subject to annulment, cancellation, or revision. A notice or order issued by an authorized representative pursuant to this part may be annulled, canceled, or revised by the authorized representative, and in case of a department order, the department may annul, cancel, or revise the order.
Mont. Code Ann. § 50-73-409 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-409
50-73-409 Operator to post statement of conditions
Status: in_force

50-73-409 . Operator to post statement of conditions. (1) The operator shall post the department's written inspection report at each mine visited and inspected by the department.

(2) The written inspection report, signed by the department inspector, must include the date of inspection and be posted in one or more conspicuous locations and remain posted until replaced by a subsequent inspection report. For the purposes of this subsection, a conspicuous location is one where the written inspection report:

(a) is likely to be seen by the mine workers; and

(b) is available to be read by any interested mine worker.

(3) The operator shall promptly provide a copy of the written inspection report to each exclusive representative of mine workers who are or may be affected by the conditions in the written inspection report.

(4) The operator shall also post a notice at the landing used by the workers stating what number of workers may be permitted to ride on the cage or car at one time.
Mont. Code Ann. § 50-15-701 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-701
50-15-701 Short title
Status: in_force

50-15-701 . Short title. This part may be cited as the "Tumor Registry Act".
Mont. Code Ann. § 50-6-101 — MT Code / Title 50 / Chapter 6 / Part 1 / Section 50-6-101
50-6-101 Legislative purpose
Status: in_force

50-6-101 . Legislative purpose. (1) The public welfare requires the providing of assistance and encouragement for the development of an emergency care system for Montanans who each year are dying and suffering permanent disabilities needlessly because of inadequate medical services. The repeated loss of persons who die unnecessarily because necessary life-support personnel and equipment are not available to victims of accidents and sudden illness is a tragedy that can and must be eliminated.

(2) Community-integrated health care is necessary to improve the health of Montana citizens, to prevent illness and injury, to reduce the incidence of emergency calls and hospital emergency department visits made for the purpose of obtaining nonemergency, nonurgent medical care or services, and to provide community outreach, health education, and referral services within communities.

(3) The development of an emergency medical services program and community-integrated health care is in the interest of the social well-being and health and safety of the state and all of its people who require emergency and community-integrated medical care.
Mont. Code Ann. § 50-16-1013 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1013
50-16-1013 Civil remedy
Status: in_force

50-16-1013 . Civil remedy. (1) A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation:

(a) against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater;

(b) against a person who intentionally or recklessly violates a provision of this part, damages of $20,000 or actual damages, whichever is greater;

(c) reasonable attorney fees; and

(d) other appropriate relief, including injunctive relief.

(2) An action under this section must be commenced within 3 years after the cause of action accrues.

(3) The department may maintain a civil action to enforce this part in which the court may order any relief permitted under subsection (1).

(4) Nothing in this section limits the rights of a subject of an HIV diagnostic test to recover damages or other relief under any other applicable law or cause of action.

(5) Nothing in this part may be construed to impose civil liability or criminal sanctions for disclosure of an HIV diagnostic test result in accordance with any reporting requirement for a diagnosed case of AIDS or an HIV-related condition by the department or the U.S. department of health and human services, centers for disease control and prevention.
Mont. Code Ann. § 50-60-706 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-706
50-60-706 Registration of elevators and other conveyances
Status: in_force

50-60-706 . Registration of elevators and other conveyances. (1) Within 6 months of October 1, 2005, the owners or lessees of existing elevators, dumbwaiters, escalators, or other equipment subject to the provisions of this part shall register the equipment with the department on a form provided by the department unless the equipment was previously registered with the department.

(2) The registration form must contain the type, load and speed, name of manufacturer, location, use, and any other information the department may require for each elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part that is registered pursuant to this section.

(3) Each elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part whose construction is completed subsequent to the 6-month period referred to in subsection (1) must be registered by the owner or lessee when the construction is complete.
Mont. Code Ann. § 50-53-104 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-104
50-53-104 Powers of health officers -- enforcement authority
Status: in_force

50-53-104 . Powers of health officers -- enforcement authority. Authorized employees of the department and local boards of health may:

(1) at reasonable times inspect public swimming pools and public bathing places and otherwise conduct investigations to determine if provisions of this chapter and rules of the department have been or are being violated and make reports to the department concerning the inspections;

(2) request an injunction from the district court to enjoin actions in violation of this chapter or rules adopted by the department;

(3) bring actions to abate nuisances maintained in violation of this chapter in the manner provided by law for the summary abatement of other public nuisances;

(4) file complaints with the district court for assessment of the penalties provided for in 50-53-216 or for recovery of costs provided for in 50-53-217 , or both.
Mont. Code Ann. § 50-73-104 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-104
50-73-104 Injunction and other civil relief authorized
Status: in_force

50-73-104 . Injunction and other civil relief authorized. A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other appropriate order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office when an operator:

(1) violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;

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

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

(4) refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or

(5) 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.
Mont. Code Ann. § 50-31-106 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-106
50-31-106 Inspections and taking of samples authorized
Status: in_force

50-31-106 . Inspections and taking of samples authorized. (1) The department or its authorized agents have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to any vehicle being used to transport or hold the foods, drugs, devices, or cosmetics in commerce, for the purpose of:

(a) inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; and

(b) securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample.

(2) The department shall make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.

(3) Pursuant to Title 50, chapter 49, part 2, the department may not conduct inspections of or take samples from producers as defined in 50-49-202 .
Mont. Code Ann. § 50-5-111 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-111
50-5-111 Prohibited activities
Status: in_force

50-5-111 . Prohibited activities. It is unlawful to:

(1) operate a facility without a license;

(2) prevent, interfere with, or impede department investigation, department enforcement, department examination of relevant books and records, or activities of the department concerning the preservation of evidence; or

(3) violate any provision of part 1 or 2 of this chapter or violate a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
Mont. Code Ann. § 50-50-204 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-204
50-50-204 Right to license
Status: in_force

50-50-204 . Right to license. Licenses shall be granted as a matter of right unless grounds for denial or cancellation exist.
Mont. Code Ann. § 50-37-107 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-107
50-37-107 Supervised public display of fireworks authorized
Status: in_force

50-37-107 . Supervised public display of fireworks authorized. (1) The state fire prevention and investigation section of the department of justice or the governing body of a city, town, or county may, under reasonable rules adopted by them, grant permits for supervised public displays of fireworks to be held by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.

(2) Each display must:

(a) be handled by a competent operator, who must be approved by the state fire prevention and investigation section or the governing body of the city, town, or county in which the display is to be held; and

(b) be located, discharged, or fired as, in the opinion of the state fire prevention and investigation section or the chief of the local governmental fire agency organized under Title 7, chapter 33, or other officer designated by the governing body of the city, town, or county after proper inspection, not to be hazardous to persons or property.

(3) Application for permits must be made in writing at least 15 days prior to the date of the display.

(4) After the privilege has been granted, sales, possession, use, and distribution of fireworks for the display are lawful for that purpose only.

(5) A permit granted under this section is not transferable.
Mont. Code Ann. § 50-63-102 — MT Code / Title 50 / Chapter 63 / Part 1 / Section 50-63-102
50-63-102 Civil penalty for setting or leaving fire causing damage
Status: in_force

50-63-102 . Civil penalty for setting or leaving fire causing damage. Except as provided in 76-13-905 , a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is subject to a civil penalty of not less than $50 or more than $500.
Mont. Code Ann. § 50-74-308 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-308
50-74-308 Waiver of experience requirement for traction licenses
Status: in_force

50-74-308 . Waiver of experience requirement for traction licenses. The department, at its discretion, may waive the experience requirement for operators of traction engines which are maintained and operated as a hobby for the restoration and show purposes of antique equipment.
Mont. Code Ann. § 50-5-115 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-115
50-5-115 Receiverships
Status: in_force

50-5-115 . Receiverships. (1) If receivership has not already been instituted under medicaid or medicare, upon notice to the facility, the department may file a complaint in district court for receivership under any of the following conditions in addition to applicable conditions listed in 27-20-102 :

(a) a facility is operating without a license and residents are in danger of serious physical or mental harm;

(b) a facility intending to close has not made arrangements within 30 days before closure for the orderly transfer of residents;

(c) a facility is abandoned by an owner; or

(d) a life threatening situation exists for the residents of the facility.

(2) If the department believes or has received notice from the department of justice that there is an emergency that presents or might present an immediate and serious threat to the health or safety of patients or residents of a facility, a receiver may be appointed by the court upon an ex parte application by the department. If a receiver is appointed upon an ex parte application, notice must be given by the department to the facility within 24 hours of issuance of the receivership order and a hearing must be offered the facility by the court within 10 days of issuance of the order to determine whether the order will be continued.

(3) The department shall maintain a list of persons qualified to act as receivers.

(4) The selection, appointment, and removal of receivers must be consistent with Title 27, chapter 20, parts 2 and 3.

(5) Whenever possible, receivers must be paid from the income of the facility. However, receivers may be paid from the patient protection account provided for in 50-5-232 . The court shall direct the amount of payments to be made to the receiver, the payments to be made by the receiver, and the order of payments made to the receiver or to other entities. Payments owed to a facility that are made to the receiver must be used to discharge any obligation of the entity making the payments owed to the facility.

(6) The powers and duties of the receiver include:

(a) the duty to protect the health, welfare, and safety of the residents;

(b) the power to hire, discipline, and fire staff;

(c) the power to collect debts due to the facility;

(d) the power to settle labor disputes;

(e) the power to petition the court to set aside unreasonable contracts or leases entered into by the facility management;

(f) the power to make capital investments in the facility with court approval; and

(g) all other powers granted receivers by 27-20-302 .
Mont. Code Ann. § 50-60-202 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-202
50-60-202 Department to be sole state agency to promulgate building regulations -- exception
Status: in_force

50-60-202 . Department to be sole state agency to promulgate building regulations -- exception. The department is the only state agency that may promulgate building regulations as defined in 50-60-101 , except the department of justice may promulgate regulations relating to use of buildings and installation of equipment. The state fire prevention and investigation section of the department of justice shall review building plans and regulations for conformity with rules promulgated by the department.
Mont. Code Ann. § 50-32-610 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-610
50-32-610 Grants
Status: in_force

50-32-610 . Grants. The department may apply for and award grants to further the purposes outlined in 50-32-601 through 50-32-607 .
Mont. Code Ann. § 50-6-322 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-322
50-6-322 Staffing -- nonemergency ambulance transports -- transports in rural areas
Status: in_force

50-6-322 . Staffing -- nonemergency ambulance transports -- transports in rural areas. An emergency medical service that is staffed primarily by volunteer emergency care providers may staff an ambulance with one emergency care provider licensed at an emergency medical technician-basic level or higher and one driver trained in the operation of emergency vehicles for the following types of responses:

(1) nonemergency ambulance transports;

(2) emergency medical service provided by an ambulance company located in a county with a population of fewer than 20,000 residents; and

(3) emergency medical service provided by an ambulance company located in a county with a population of 20,000 residents or more if the ambulance company is transporting a patient from a community within that county that has a population of 1,500 residents or less to the nearest health care facility that is able to meet the patient's medical needs.
Mont. Code Ann. § 50-20-506 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-506
50-20-506 Proof of identification and relationship to minor -- retention of records
Status: in_force

50-20-506 . Proof of identification and relationship to minor -- retention of records. (1) A parent or legal guardian of a minor who is consenting to the performance of an abortion on the minor shall provide the attending physician or physician assistant or the agent of the physician or physician assistant with government-issued proof of identity and written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the minor.

(2) A physician or physician assistant shall retain the completed consent form and the documents provided pursuant to subsection (1) in the minor's medical file for 5 years after the minor reaches 18 years of age, but in no event less than 7 years.

(3) A physician or physician assistant receiving documentation under this section shall execute for inclusion in the minor's medical record an affidavit stating: "I, (insert name of physician or physician assistant), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the minor and the minor's parent or legal guardian as sufficient evidence of identity and relationship."
Mont. Code Ann. § 50-53-106 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-106
50-53-106 Duties of pool operators
Status: in_force

50-53-106 . Duties of pool operators. Each person operating a public swimming pool or public bathing place shall:

(1) operate the pool or public bathing place in a sanitary and safe manner;

(2) keep records of public health and safety information required by the department;

(3) furnish information to the department on forms prescribed by it.
Mont. Code Ann. § 50-32-221 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-221
50-32-221 Criteria for placement of drug in Schedule I
Status: in_force

50-32-221 . Criteria for placement of drug in Schedule I. The board shall place a drug in Schedule I if it finds that the drug:

(1) has high potential for abuse; and

(2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Mont. Code Ann. § 50-32-305 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-305
50-32-305 Separate registration required
Status: in_force

50-32-305 . Separate registration required. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses dangerous drugs.
Mont. Code Ann. § 50-5-704 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-704
50-5-704 Instruction to designated lay caregiver
Status: in_force

50-5-704 . Instruction to designated lay caregiver. (1) As soon as practicable and before a patient's discharge, the hospital shall:

(a) consult with the lay caregiver and the patient;

(b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and

(c) provide the lay caregiver with an opportunity for instruction in the aftercare tasks described in the discharge plan.

(2) At a minimum, a discharge plan prepared pursuant to this section must:

(a) note the name and contact information of the lay caregiver;

(b) describe all aftercare tasks necessary to maintain the patient's ability to remain in the patient's residence, taking into account the capabilities and limitations of the lay caregiver; and

(c) provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.

(3) Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:

(a) be provided, to the extent possible, in nontechnical language;

(b) give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and

(c) in a culturally competent manner, provide answers to the lay caregiver's and patient's questions.

(4) Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.

(5) Nothing in this section may delay the patient's discharge or transfer to another facility.
Mont. Code Ann. § 50-20-301 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-301
50-20-301 Short title
Status: in_force

50-20-301 . Short title. This part may be cited as the "Woman's Right-to-Know Act".
Mont. Code Ann. § 50-53-102 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-102
50-53-102 Definitions
Status: in_force

50-53-102 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

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

(2) "Lazy river" means a constructed watercourse through which people travel by use of flotation devices.

(3) "Local board of health" or "board" means a local board as defined in 50-1-101 .

(4) "Local health officer" or "officer" means a local health officer as defined in 50-1-101 .

(5) "Person" means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state.

(6) "Public bathing place" means a body of water with bathhouses and related appurtenances operated for the public.

(7) (a) "Public swimming pool" means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools.

(b) The term does not include:

(i) swimming pools located on private property, including the private common area property of owner-occupied condominium developments, used for swimming or bathing only by the owner, members of the owner's family, or their invited guests; or

(ii) medicinal hot water baths for individual use.

(8) "Seasonal" refers to a pool or spa that operates in 6 or fewer months in a calendar year.

(9) "Spa" means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. A spa includes but is not limited to a therapeutic pool, hydrotherapy pool, whirlpool, hot tub, or Jacuzzi-type whirlpool bath.

(10) "Splash deck" means a constructed area over which water is sprayed but is not allowed to pool.

(11) "Tourist home" means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.

(12) "Wading pool" means a pool in which the water depth does not exceed 2 feet.

(13) "Wave pool" means a swimming pool designed for the purpose of producing wave action in the water.

(14) "Year-round" refers to a pool or spa that operates in more than 6 months in a calendar year.
Mont. Code Ann. § 50-30-208 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-208
50-30-208 Strong sensitizer defined
Status: in_force

50-30-208 . Strong sensitizer defined. "Strong sensitizer" means a substance which will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity.
Mont. Code Ann. § 50-32-314 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-314
50-32-314 Board to adopt rules for registration of outpatient center for surgical services
Status: in_force

50-32-314 . Board to adopt rules for registration of outpatient center for surgical services. (1) The board shall adopt rules to provide for the registration of any outpatient center for surgical services pursuant to this part. The rules must categorize the outpatient center for surgical services as a "distributor" pursuant to 50-32-101 (13) or other category of registrant as determined by the board.

(2) If the board determines that an outpatient center for surgical services requires the services of a pharmacist in order to be registered, the board shall allow that center to use the services of a consulting pharmacist to satisfy the obligation imposed by the board.

(3) This section does not affect any existing registration requirement pursuant to this part for persons providing dangerous drugs to an outpatient center for surgical services or persons administering dangerous drugs within or as the result of procedures performed at an outpatient center for surgical services.
Mont. Code Ann. § 50-5-252 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-252
50-5-252 Insurance premium support account -- contributions -- nonsupplantation of funds -- reporting
Status: in_force

50-5-252 . Insurance premium support account -- contributions -- nonsupplantation of funds -- reporting. (1) There is an insurance premium support account in the state special revenue fund in the state treasury. The money in the account is allocated to the department to fund health insurance premiums for Montana residents who:

(a) purchase health insurance on the federal health insurance marketplace; and

(b) have an income between 139% and 400% of the federal poverty level.

(2) The department may accept contributions from experimental treatment centers as provided for in 50-5-251 . Contributions must be deposited in the insurance premium support account.

(3) Funds deposited in the insurance premium support account may be used only for the purpose authorized in subsection (1) and may not be used to pay the expenses of any other program or service administered in whole or in part by the department or any other state government entity.

(4) By September 1 of each year, the department shall provide a written report detailing the use of funds in the insurance premium support account to the children, families, health, and human services interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 50-31-108 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-108
50-31-108 Regulations concerning additives
Status: in_force

50-31-108 . Regulations concerning additives. (1) The department, upon its own motion or upon the petition of any interested party requesting that a rule be established, whenever public health or other considerations in the state require, is authorized to adopt, amend, or repeal rules, whether or not in accordance with regulations promulgated under the federal act, prescribing tolerances for any added poisonous or deleterious substances for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including but not limited to zero tolerances and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions when the food additive or color additive is to be used solely for investigational or experimental purposes.

(2) A petitioner shall establish by data submitted to the department that a necessity exists for the rule and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether the regulation should be promulgated, the department may require additional data to be submitted and failure to comply with the request is sufficient grounds to deny the request.

(3) In adopting, amending, or repealing rules relating to the substances, the department shall consider among other relevant factors the following, which the petitioner, if any, shall furnish:

(a) the name and all pertinent information concerning the substance, including, when available:

(i) its chemical identity and composition;

(ii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions and including specimens of proposed labeling; and

(iii) all relevant data bearing on the physical or other technical effect and the quantity required to produce the effect;

(b) the probable composition of or other relevant exposure from the article and of any substance formed in or on a food, drug, or cosmetic resulting from the use of the substance;

(c) the probable consumption of the substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in the diet;

(d) safety factors that, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

(e) the availability of any needed practicable methods of analysis for determining the identity and quantity of:

(i) the substance in or on an article;

(ii) any substance formed in or on the article because of the use of the substance; and

(iii) the pure substance and all intermediates and impurities; and

(f) facts supporting a contention that the proposed use of the substance will serve a useful purpose.

(4) The department may not establish rules related to food additives under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 50-61-114 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-114
50-61-114 Fire chief and fire inspector to make inspections
Status: in_force

50-61-114 . Fire chief and fire inspector to make inspections. For the purpose of examining the premises for violations of this chapter and rules adopted under 50-3-103 for the enforcement of this chapter, the chief or fire inspector of the governmental fire agency organized under Title 7, chapter 33, when a fire inspection program is established, or a fire inspector of the department of justice, when a fire inspection program does not exist:

(1) shall enter into school buildings at least once each 18 months; and

(2) may enter into all other buildings and upon all other premises within the jurisdiction, according to priority schedules established by the department for conducting inspections of buildings and premises.
Mont. Code Ann. § 50-5-103 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-103
50-5-103 Rules and standards -- accreditation
Status: in_force

50-5-103 . Rules and standards -- accreditation. (1) The department shall adopt rules and minimum standards for implementation of parts 1 and 2.

(2) Any facility covered by this chapter shall comply with the state and federal requirements relating to construction, equipment, and fire and life safety.

(3) The department shall extend a reasonable time for compliance with rules for parts 1 and 2 upon adoption.

(4) (a) Any health care facility located in this state that furnishes to the department the written evidence required by the department, including the recommendation for future compliance statements, of its accreditation granted by an accrediting entity approved by the U.S. centers for medicare and medicaid services is eligible for licensure in the state for the accreditation period and may not be subjected to an inspection by the department for purposes of the licensing process.

(b) The department may, in addition to its inspection authority in 50-5-116 , inspect any licensed health care facility to answer specific complaints made in writing by any person against the facility when the complaints pertain to licensing requirements. Inspection by the department upon a specific complaint made in writing pertaining to licensing requirements is limited to the specific area or condition of the health care facility to which the complaint pertains.
Mont. Code Ann. § 50-60-203 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-203
50-60-203 Department to adopt state building code by rule
Status: in_force

50-60-203 . Department to adopt state building code by rule. (1) (a) The department shall adopt rules relating to the construction of, the installation of equipment in, and standards for materials to be used in all buildings or classes of buildings, including provisions dealing with safety, accessibility to persons with disabilities, sanitation, and conservation of energy. The adoption, amendment, or repeal of a rule is of significant public interest for purposes of 2-3-103 .

(b) Rules concerning the conservation of energy must conform to the policy established in 50-60-801 and to relevant policies developed under the provisions of Title 90, chapter 4, part 10.

(2) The department may adopt by reference nationally recognized building codes in whole or in part, except as provided in subsections (5) and (6), and may adopt rules more stringent than those contained in national codes.

(3) The rules, when adopted as provided in parts 1 through 4, constitute the "state building code" and are acceptable for the buildings to which they are applicable.

(4) The department shall adopt rules that permit the installation of below-grade liquefied petroleum gas-burning appliances.

(5) The department may not include in the state building code:

(a) a requirement for the installation of a fire sprinkler system in a single-family dwelling or a residential building that contains no more than two dwelling units; or

(b) a requirement that buildings be constructed to have solar panels or wiring, batteries, or other equipment for solar panels or electric vehicles.

(6) The department may not include in the state building code a prohibition of or limitation on the use of electric, natural gas, propane, or other energy source.

(7) (a) The department shall, by rule, adopt by reference the most recently published edition of the national fire protection association's publication NFPA 99C for the installation of medical gas piping systems. The department may, by rule, issue plumbing permits for medical gas piping systems and require inspections of medical gas piping systems.

(b) A state, county, city, or town building code compliance officer shall, as part of any inspection, request proof of a medical gas piping installation endorsement from any person who is required to hold an endorsement or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board of plumbers.

(8) The department may not prohibit or limit in the state building code the use of refrigerants listed as acceptable for use by the United States environmental protection agency pursuant to 42 U.S.C. 7671k as safe alternatives to class I and class II ozone-depleting substances. Any equipment containing the alternative refrigerant must be installed in accordance with applicable safety standards and use conditions as determined by the environmental protection agency.

(9) (a) The department shall permit a place of religious worship to use its building space to accommodate temporary overnight visitors for the purpose of religious retreats, ministry programs, overnight events, and emergency or catastrophic occurrences or to provide shelter or to accommodate displaced persons due to hardship or inclement weather, provided that:

(i) a place of religious worship may not accommodate overnight visitors in the aggregate for more than 75 days in a calendar year unless the governor has declared a state of emergency pursuant to 10-3-303 or exigent circumstances exist;

(ii) a place of religious worship acting in accordance with this subsection (9) may not charge for the temporary accommodation of overnight visitors; and

(iii) a place of religious worship that temporarily accommodates overnight visitors as provided in this subsection (9) has one of the following:

(A) an automatic fire sprinkler system in the area used for temporary overnight accommodations that is monitored by a third party; or

(B) a hard-wired, stand-alone fire and smoke alarm in the area used for temporary overnight accommodations in addition to an exit door or window opening directly to a public way, exit court, or yard area.

(b) The use of places of religious worship that offer temporary overnight accommodations as allowed in subsection (9)(a) is not a change in occupancy, purpose, or use.

(c) A place of religious worship is not in violation of the state building code for the sole reason that the place of religious worship hosts temporary overnight visitors as allowed in subsection (9)(a).

(10) The department shall permit buildings of group R-2 occupancy to have a single stairway serving as an exit for all units if the building meets the following conditions:

(a) the building has no more than six stories above grade plane;

(b) there are no more than four dwelling units on one floor;

(c) the building is equipped with an automatic sprinkler system; and

(d) each unit has at least one window or other emergency exit provision.

(11) As used in this section, "place of religious worship" means a building or portion of a building that is intended for the performance of religious services classified as assembly group A-3 by the International Building Code as it read on January 1, 2023.
Mont. Code Ann. § 50-74-315 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-315
50-74-315 Unlawful to operate boiler or steam engine without license
Status: in_force

50-74-315 . Unlawful to operate boiler or steam engine without license. (1) It is unlawful for any person in this state to operate a stationary boiler or steam engine or any boiler or steam engine other than engines and boilers exempted by the provisions of 50-74-103 without a license granted under the provisions of this chapter. The owner, renter, or user of any engine or boiler is equally liable for the violation of this section.

(2) A person who operates a boiler or steam engine without first obtaining a license is guilty of a misdemeanor and, upon conviction, shall be fined no less than $50 or more than $100 or be imprisoned in the county jail for any term not to exceed 60 days, or both.
Mont. Code Ann. § 50-53-218 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-218
50-53-218 Department to pay board for inspections or enforcement, or both
Status: in_force

50-53-218 . Department to pay board for inspections or enforcement, or both. (1) By June 30 of each year, the department shall pay to a local board of health established under 50-2-104 , 50-2-106 , or 50-2-107 an amount from the local board inspection fund account, created by 50-2-108 , for the purpose of inspecting public swimming pools and public bathing places licensed under part 1 and this part or for taking appropriate enforcement action with respect to the public swimming pools and public bathing places, or for both inspection and enforcement. The payment required by this section must be made to a board only if the board and any local health officer and sanitarian for the jurisdiction of the board meet the program performance standards established by department rules.

(2) Money received by the board pursuant to subsection (1) may be used only for the purpose of inspections and enforcement under part 1 and this part and must be used to supplement and not supplant other money received by the board for the same purpose.

(3) The department may use money in the local board inspection fund account appropriated to the department for the enforcement of part 1, this part, and the rules of the department and for inspections to determine compliance with those sections and rules in any local jurisdiction not receiving payment under subsection (1).
Mont. Code Ann. § 50-16-1008 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1008
50-16-1008 Testing of donors of organs, tissues, and semen required -- penalty
Status: in_force

50-16-1008 . Testing of donors of organs, tissues, and semen required -- penalty. (1) Prior to donation of an organ, semen, or tissues, HIV diagnostic testing of a prospective donor, in accordance with nationally accepted standards adopted by the department by rule, is required unless the transplantation of an indispensable organ is necessary to save a patient's life and there is not sufficient time to perform an HIV diagnostic test.

(2) A knowing or purposeful violation of this section is a misdemeanor punishable by a fine of up to $1,000 or imprisonment of up to 6 months, or both.
Mont. Code Ann. § 50-1-119 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-119
50-1-119 Behavioral health system for future generations fund
Status: in_force

50-1-119 . Behavioral health system for future generations fund. (1) There is an account in the state special revenue fund established in 17-2-102 to be known as the behavioral health system for future generations fund.

(2) There must be deposited in the account money received from legislative general fund transfers.

(3) Eligible uses of the fund include:

(a) medicaid and CHIP matching funds for payments made to behavioral health settings;

(b) medicaid and CHIP matching funds for payments made to intermediate care facilities for individuals with intellectual disabilities;

(c) statewide community-based investments to stabilize behavioral health and developmental disabilities service providers and delivery, increase and strengthen the behavioral health and developmental disabilities workforce, increase service capacity to meet identified behavioral health and developmental disabilities services demands, and increase opportunities for Montanans to receive integrated physical and behavioral health care;

(d) acquisition of new or remodeling of existing infrastructure or property to support the establishment of behavioral health settings and intermediate care facilities for individuals with intellectual disabilities;

(e) planning, operation, or other contract expenses associated with intermediate care facilities for individuals with intellectual disabilities;

(f) planning, operation, or other contract expenses associated with behavioral health settings;

(g) studying and planning of the development of a comprehensive behavioral health system;

(h) offering student loan repayment programs for nurses, licensed practical nurses, and psychiatrists at state health facilities and prioritizing employees at the Montana state hospital for the programs; and

(i) providing additional licensed beds at the Montana state hospital.

(4) (a) Funds in this account may not be used to operate existing state facilities.

(b) Student loan repayments and the addition of licensed beds are not considered operating expenses for the purposes of this section. (Subsections (3)(h), (3)(i), and (4)(b) terminate June 30, 2027--sec. 8, Ch. 760, L. 2025.)
Mont. Code Ann. § 50-8-102 — MT Code / Title 50 / Chapter 8 / Part 1 / Section 50-8-102
50-8-102 One-step licensing required
Status: in_force

50-8-102 . One-step licensing required. The department shall provide one-step licensing of all facilities under its jurisdiction. One-step licensing is at a minimum the provision of a designated office within the department or, by agreement between departments, in another department, responsible for issuing facility licenses. The one-step licensing office shall facilitate intradepartmental certifications for licensure. When practicable, one-step licensure also includes:

(1) the coordination of all governmental licensing functions, state and local, required for the licensure of a facility for a program or a service and for health and safety standards. The coordination must include at a minimum the names, addresses, and functions of all governmental authorities enforcing such standards and may include the requirement that the responsible office be a clearinghouse for all forms and applications for other agencies and for assuming the responsibility for insuring timely inspections, reviews, and application processing by other agencies.

(2) the use of departmental employees to inspect specified types of facilities for particular health and safety standards as provided in 50-8-105 .
Mont. Code Ann. § 50-19-105 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-105
50-19-105 Report of positive test results
Status: in_force

50-19-105 . Report of positive test results. All positive laboratory tests for any sexually transmitted diseases or hepatitis B surface antigen must be reported to the department by the laboratory preparing the test. The department shall prescribe the form and way of reporting.
Mont. Code Ann. § 50-33-103 — MT Code / Title 50 / Chapter 33 / Part 1 / Section 50-33-103
50-33-103 Immunity of physicians and hospitals
Status: in_force

50-33-103 . Immunity of physicians and hospitals. No physician, long-term care facility, or hospital may be held liable, in the absence of fault or negligence on the part of such a hospital, long-term care facility, or doctor, for injuries resulting from the furnishing or performing of such services.
Mont. Code Ann. § 50-74-208 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-208
50-74-208 Penalty for operation without certificate or failure to give notice
Status: in_force

50-74-208 . Penalty for operation without certificate or failure to give notice. Any person failing to give notice to the department as provided in 50-74-206 or 50-74-207 or who operates such boilers without a certificate from the department shall be punished by a fine of not less than $100 or more than $500 for each offense, by imprisonment in the county jail for not less than 30 or more than 90 days, or by both such fine and imprisonment.
Mont. Code Ann. § 50-51-114 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-114
50-51-114 Emergency lodging program -- definitions
Status: in_force

50-51-114 . Emergency lodging program -- definitions. (1) There is an emergency lodging program for licensed establishments located in Montana to assist designated charitable organizations in providing short-term lodging in Montana to individuals and families displaced from their residences.

(2) The purpose of the program is to provide emergency lodging to an individual or family who is:

(a) in immediate need of shelter based on an imminent or existing threat to the safety or security of the individual or family; and

(b) referred to the establishment by a designated charitable organization.

(3) Emergency lodging provided under this section must be provided at no cost to the individual or the referring organization.

(4) Participating establishments may offer lodging based on availability of rooms.

(5) The department shall maintain a registry of designated charitable organizations and shall provide a list of approved organizations to establishments on request. The department shall seek comment from appropriate statewide nonprofit organizations when developing and updating the registry.

(6) For the purposes of 50-51-115 and this section, "designated charitable organization" means an organization approved by the department to make referrals for emergency lodging.
Mont. Code Ann. § 50-20-1002 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1002
50-20-1002 Definitions
Status: in_force

50-20-1002 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn human being.

(b) The term does not include:

(i) an act to remove an ectopic pregnancy; or

(ii) a separation procedure performed because of a medical emergency and prior to the ability of the unborn child to survive outside of the womb with or without artificial support.

(2) "Attempt to perform or induce an abortion" means to do or omit anything that, under the circumstances as a person believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this part.

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

(4) "Dismemberment abortion" or "dismemberment abortion procedure" means a procedure that involves:

(a) the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being; and

(b) dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being.

(5) "Gestational age" or "probable gestation age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.

(6) "Human being" means an individual member of the species Homo sapiens, from and after the point of conception.

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

(8) "Major bodily function" includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(9) (a) "Medical emergency" means a condition that, on the basis of a physician's good faith clinical judgment, makes a separation procedure performed prior to the ability of the unborn human being to survive outside of the womb with or without artificial support necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.

(b) The term does not include mental or psychological conditions.

(10) "Physician" means a person licensed to practice medicine in Montana.

(11) "Physician assistant" means a person licensed under Title 37, chapter 20.

(12) "Pregnant" means the human female reproductive condition of having a living unborn human being within the female's body throughout the entire embryonic and fetal stages of the unborn human being from fertilization to full gestation and childbirth.

(13) "Purposely" has the meaning provided in 45-2-101 .
Mont. Code Ann. § 50-65-115 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-115
50-65-115 Sale outside Montana
Status: in_force

50-65-115 . Sale outside Montana. This chapter may not be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of 50-65-102 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and if the person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to a person located in this state.
Mont. Code Ann. § 50-20-110 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-110
50-20-110 Reporting of practice of abortion
Status: in_force

50-20-110 . Reporting of practice of abortion. (1) Every facility in which an abortion is performed within the state shall keep on file, on a form prescribed by the department, a statement dated and certified by the physician who performed the abortion that provides information with respect to the abortion as required by the department by rule. The information must include but is not limited to information on prior pregnancies, the medical procedure employed to administer the abortion, the gestational age of the fetus, the vital signs of the fetus after abortion, if any, and if after viability, the medical procedures employed to protect and preserve the life and health of the fetus.

(2) The physician performing an abortion shall request pathology studies as required by the department by rule, and the facility shall keep the reports of the pathology studies on file.

(3) In connection with an abortion, the facility shall keep on file the original of each of the documents required by this chapter relating to informed consent, consent to abortion, certification of necessity of abortion to preserve the life or health of the mother, and certification of necessity of abortion to preserve the life of the mother.

(4) A health care provider who prescribes a medication intended to cause or induce an abortion shall keep on file, on a form prescribed by the department, a statement dated and certified by the health care provider reporting any adverse side effects experienced by the person to whom the medication was prescribed.

(5) (a) Within 30 days after the abortion, a facility shall file with the department a report on a form prescribed by the department and certified by the custodian of the records or physician in charge of the facility that provides all of the information required in subsections (1), (2), and (3).

(b) Within 30 days of prescribing a medication intended to cause or induce an abortion, a health care provider shall file a report with the department that provides the information required under subsection (4).

(c) Reports filed under this subsection (5) may not contain any information that would identify any individual involved with the abortion.

(d) A report must exclude copies of any documents required to be filed by subsection (3) but must certify that the documents were executed and are on file.

(6) All reports and documents required by this chapter must be treated with the confidentiality afforded to medical records, subject to disclosure as permitted by law. Statistical data not identifying any individual involved in an abortion must be made public by the department annually, and the report required by subsection (5) to be filed with the department must be available for public inspection except any information that identifies any individual involved in an abortion. Names and identities of persons submitting to abortion shall remain confidential among medical and medical support personnel directly involved in the abortion and among persons working in the facility where the abortion was performed whose duties include billing the patient or submitting claims to an insurance company, keeping facility records, or processing abortion data required by state law.

(7) (a) Violation of this section is a misdemeanor and is punishable as provided in 46-18-212 .

(b) Violation of the provisions of subsections (4) or (5)(b) by a health care provider is unprofessional conduct as defined in 37-1-308 and is subject to the sanctions provided for in 37-1-312 (1)(b) through (1)(j), up to a maximum suspension of the provider's license for a period of 1 year.
Mont. Code Ann. § 50-18-102 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-102
50-18-102 Powers and duties of department
Status: in_force

50-18-102 . Powers and duties of department. The department of public health and human services shall undertake to prevent, control, and prescribe treatments for sexually transmitted diseases and may conduct education campaigns for this purpose.
Mont. Code Ann. § 50-48-108 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-108
50-48-108 Penalties -- misdemeanor
Status: in_force

50-48-108 . Penalties -- misdemeanor. A person who purposefully or knowingly violates any provision of this chapter or rules adopted under 50-48-103 or 50-48-203 is guilty of a misdemeanor. Upon conviction, the person shall be fined:

(1) an amount of not less than $50 or more than $100 for the first offense;

(2) an amount of not less than $75 or more than $200 for the second offense; and

(3) an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third and subsequent offenses.
Mont. Code Ann. § 50-16-540 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-540
50-16-540 Reasonable fees allowed
Status: in_force

50-16-540 . Reasonable fees allowed. A reasonable fee for providing health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.
Mont. Code Ann. § 50-5-202 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-202
50-5-202 License fees
Status: in_force

50-5-202 . License fees. The department shall collect fees for each license issued for deposit in the state general fund as follows:

(1) facilities with 20 beds or less--$20;

(2) facilities with 21 beds or more--$1 per bed.
Mont. Code Ann. § 50-18-111 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-111
50-18-111 Certificate of freedom from sexually transmitted disease not to be issued
Status: in_force

50-18-111 . Certificate of freedom from sexually transmitted disease not to be issued. No person shall issue a certificate of freedom from a sexually transmitted disease. However, a physician or health officer may issue a statement of freedom from diseases in an infectious state only if it is written in such form or given under safeguards that will prevent its use in solicitation for sexual intercourse. These statements shall not be used for solicitation for immoral purposes.
Mont. Code Ann. § 50-32-303 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-303
50-32-303 Waiver of registration requirement for practitioners licensed by federal government
Status: in_force

50-32-303 . Waiver of registration requirement for practitioners licensed by federal government. The board shall waive the requirement for registration of practitioners, other than pharmacies, who are registered or licensed by the federal government to dispense dangerous drugs.
Mont. Code Ann. § 50-50-117 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-117
50-50-117 Registration of cottage food operations -- fee
Status: in_force

50-50-117 . Registration of cottage food operations -- fee. (1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6).

(2) A registrant shall provide:

(a) the name of the cottage food operation;

(b) the physical address of the domestic residence, as defined in 50-50-102 , where the ingredients are manufactured or packaged into cottage food products and stored;

(c) a brief description of expected or known food ingredient sources;

(d) a complete list of the cottage food products manufactured or packaged; and

(e) a copy of each cottage food product label.

(3) A local health authority may request additional food safety information, if needed, and shall submit the list of additional information to the department. The additional requested information may not restrain trade through extensive registration requirements.

(4) The local health authority shall submit a copy of the approved registration to the department, which may maintain a listing of cottage food operations.

(5) If a local health authority refuses to register a cottage food operation, the provisions of 50-50-215 apply, including the requirement for notification of the cottage food operation in writing.

(6) The person in charge of the cottage food operation shall pay a nonrefundable registration fee to the county in which the cottage food operation is registered. The department shall set the registration fee by rule. The county shall deposit the registration fee with the county treasurer.

(7) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the registration of cottage food operations subject to tribal regulations. The agreement must include an appeals process if the registration is not approved.

(8) If there is not a cooperative agreement pursuant to subsection (7), a person in charge of a cottage food operation may register with the department.
Mont. Code Ann. § 50-31-403 — MT Code / Title 50 / Chapter 31 / Part 4 / Section 50-31-403
50-31-403 Exceptions for hair dyes
Status: in_force

50-31-403 . Exceptions for hair dyes. (1) Section 50-31-401 shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution--This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing.

(2) Section 50-31-402 (5) shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in 50-31-404 ).
Mont. Code Ann. § 50-19-103 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-103
50-19-103 Prenatal blood sample required for serological test
Status: in_force

50-19-103 . Prenatal blood sample required for serological test. (1) Every female, as defined in 1-1-201 , regardless of age or marital status, seeking prenatal care from a health care provider is required to submit a blood specimen for the purpose of a standard serological test. In submitting the specimen to the laboratory, the health care provider shall designate it as a prenatal test.

(2) A health care provider who attends a pregnant woman shall at the first professional visit take the blood sample and submit it to a laboratory.

(3) A person permitted to attend a pregnant woman, but not permitted to take blood samples, must have the sample taken by a person permitted to take blood samples and submit it to a laboratory.

(4) A health care provider who violates this part is guilty of a misdemeanor. However, a health care provider who requests a sample of blood in accordance with this provision and whose request is refused is not guilty of a violation of this section.
Mont. Code Ann. § 50-79-101 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-101
50-79-101 Policy
Status: in_force

50-79-101 . Policy. It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, to:

(1) institute and maintain a regulatory program for sources of ionizing radiation so as to provide, for compatibility with the standards and regulatory programs of the federal government, a single effective system of regulation within the state and a system consistent insofar as possible with those of other states; and

(2) institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.
Mont. Code Ann. § 50-32-602 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-602
50-32-602 Purpose
Status: in_force

50-32-602 . Purpose. The purposes of this part are to:

(1) save the lives of persons who have experienced an opioid-related drug overdose by providing the broadest possible access to lifesaving opioid antagonist medication, including expired opioid antagonist medication;

(2) facilitate the availability and use of opioid antagonist medication by providing professional, civil, and criminal immunity to persons who prescribe, dispense, distribute, or administer an opioid antagonist; and

(3) encourage persons to seek medical treatment in an opioid-related drug overdose situation by providing immunity from prosecution for certain criminal offenses for persons who seek or receive the medical treatment.
Mont. Code Ann. § 50-78-306 — MT Code / Title 50 / Chapter 78 / Part 3 / Section 50-78-306
50-78-306 Departmental information program
Status: in_force

50-78-306 . Departmental information program. (1) The department may develop and provide to any employer a suitable form of notice to inform employees of their rights under this chapter.

(2) The department may develop an education and training program to assist employers in complying with the provisions of 50-78-204 .

(3) The department may develop and distribute a supply of informational leaflets on employer duties, employee rights, the effects of hazardous chemicals, and any other topic related to hazardous chemicals in the workplace.

(4) The department may contract with the Montana university system or any other public or private organization to develop and implement an information program on hazardous chemicals in the workplace.
Mont. Code Ann. § 50-30-216 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-216
50-30-216 Additional labeling requirements
Status: in_force

50-30-216 . Additional labeling requirements. If the department finds that the requirements of 50-30-202 (1)(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by a hazardous substance, the department may by rule establish such reasonable variations or additional labeling requirements as are necessary for the protection of the public health and safety, and a hazardous substance intended or packaged in a form suitable for use by the general public or by children which fails to bear a label in accordance with the rules is a misbranded hazardous substance.
Mont. Code Ann. § 50-53-206 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-206
50-53-206 Validation of license required
Status: in_force

50-53-206 . Validation of license required. (1) (a) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction, a license issued by the department under part 1 and this part is not valid until it is signed by the local health officer of the jurisdiction in which the public swimming pool or public bathing place is located.

(b) The local health officer shall, within 15 days of receipt of the license, validate or refuse to validate the license. Failure of the officer to validate a license is a refusal for the purposes of 50-53-207 .

(2) Validation is not required if the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department.
Mont. Code Ann. § 50-65-110 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-110
50-65-110 Penalties
Status: in_force

50-65-110 . Penalties. (1) A manufacturer, wholesale dealer, agent, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 50-65-102 , for a first offense, is subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes and, for a subsequent offense, is subject to a civil penalty not to exceed $25,000 for each sale of the cigarettes. However, the penalty may not exceed $100,000 during any 30-day period.

(2) (a) A retail dealer who knowingly sells cigarettes in violation of 50-65-102 :

(i) for a first offense, is subject to a civil penalty not to exceed $100 and, for a subsequent offense, is subject to a civil penalty not to exceed $400 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes; or

(ii) for a first offense, is subject to a civil penalty not to exceed $1,000 and, for a subsequent offense, is subject to a civil penalty not to exceed $5,000 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.

(b) The total penalty against a retail dealer provided in this subsection (2) may not exceed $25,000 during a 30-day period.

(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited liability company, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to 50-65-103 is, for a first offense, subject to a civil penalty of at least $75,000 and, for a subsequent offense, a civil penalty not to exceed $250,000 for each false certification.

(4) A person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed $1,000 and, for a subsequent offense, a civil penalty not to exceed $5,000 for each violation.

(5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by 50-65-102 are subject to forfeiture under 16-11-159 if prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand is permitted to inspect the cigarette.

(6) In addition to any other remedy provided by law, the department of justice may file an action in the appropriate district court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs related to the specific violation and attorney fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the department of justice may obtain relief.
Mont. Code Ann. § 50-5-245 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-245
50-5-245 Department to license specialty hospitals -- standards -- rulemaking -- moratorium
Status: in_force

50-5-245 . Department to license specialty hospitals -- standards -- rulemaking -- moratorium. (1) Subject to subsection (4), the department shall license specialty hospitals using the requirements for licensure of hospitals and the procedure provided for in parts 1 and 2 of this chapter.

(2) Prior to approving an application under this section, the department shall adopt rules that are necessary to implement and administer this section.

(3) Notwithstanding the requirements of subsection (1), the department may not accept an application or issue a license for a specialty hospital before July 1, 2009.

(4) A health care facility licensed by the department and in existence on May 8, 2007, may not change its licensure status in order to qualify for licensure as a specialty hospital unless the health care facility is licensed as a hospital and the hospital is not subject to the provisions of 50-5-246 and subsections (5) through (9) of this section.

(5) A specialty hospital meets the 24-hour emergency care requirements for a hospital, as defined in 50-5-101 , if it has an agreement with a hospital in the area served by the specialty hospital stating that the hospital will provide 24-hour emergency care to patients of the specialty hospital.

(6) A specialty hospital applying for a license must have:

(a) a financial assistance policy meeting the provisions of 50-5-121 if the hospital will be operating as a nonprofit health care facility or meeting the provisions of subsection (9) of this section, if applicable; and

(b) a joint venture relationship with a hospital; or

(c) a signed statement from a hospital operating as a nonprofit health care facility in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the applicant.

(7) A specialty hospital owned by physicians and proposed as a joint venture with a hospital operating as a nonprofit health care facility in the community may be licensed if:

(a) the majority of partnering physicians hold active privileges with the joint venture hospital; and

(b) the partnering hospital holds an ownership interest of at least 50%.

(8) This section does not prohibit physicians who are partners in a specialty hospital that is proposed as a joint venture from managing the specialty hospital.

(9) The financial assistance policy for a specialty hospital applying as a joint venture with a hospital operating as a nonprofit health care facility in the community must be the same as the policy used by the hospital.
Mont. Code Ann. § 50-4-718 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-718
50-4-718 Deposit of assets
Status: in_force

50-4-718 . Deposit of assets. Any public assets distributed pursuant to 50-4-716 as a result of the conversion transaction of a nonprofit health entity approved by the commissioner and the attorney general on or after April 8, 2005, must be distributed as provided in 50-4-720 .
Mont. Code Ann. § 50-73-204 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-204
50-73-204 Map for every seam
Status: in_force

50-73-204 . Map for every seam. A separate and similar map for all active mining areas drawn to the same scale in all cases shall be made of every seam which shall be worked in any mine, and the maps of all seams shall show all shafts, drifts, tunnels, incline planes, or other passageways connecting them.
Mont. Code Ann. § 50-61-118 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-118
50-61-118 Injunction authorized
Status: in_force

50-61-118 . Injunction authorized. In addition to the other remedies and penalties provided in this chapter, upon the failure of any of the parties charged with the duty to maintain the safety of the building premises in accordance with rules adopted by the department of justice, the attorney general of the state or the county attorney of the county where the building is located shall bring an action against the owner, lessee, and occupants of the building for an injunction enjoining the further occupancy of it until it is in compliance with this chapter. The action may be brought in the county where the building is located.
Mont. Code Ann. § 50-78-201 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-201
50-78-201 Notice to employees
Status: in_force

50-78-201 . Notice to employees. Employers shall post adequate notice at locations where notices are normally posted informing employees about their rights under this chapter.
Mont. Code Ann. § 50-15-405 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-405
50-15-405 Authorization for removal of body from place of death
Status: in_force

50-15-405 . Authorization for removal of body from place of death. (1) Except as provided in subsection (2), a dead body may be removed from the place of death only upon the written authorization or oral authorization, which must be reduced to writing within 24 hours, of the physician in attendance at death or the physician's designee, the advanced practice registered nurse in attendance at death, the coroner having jurisdiction, or a mortician licensed under 37-19-302 .

(2) If the death requires inquiry under 46-4-122 , the written authorization may only be granted by the coroner having jurisdiction or the coroner's designee or by the state medical examiner if the coroner fails to act. However, when the only reason for inquiry under 46-4-122 is that the body is to be cremated, the coroner may grant oral authorization for cremation of the body, which must be reduced to writing as specified under subsection (1) by the coroner.

(3) The written authorization to move a dead body or, when applicable, to cremate a dead body must be made in quadruplicate on a form provided by the department. The person in charge of disposition of the dead body, the coroner having jurisdiction, and the local registrar must each be provided with and retain a copy of the authorization. A fourth copy may accompany the body to final disposition, as necessary.

(4) A written authorization issued under this section permits removal, transportation, and final disposition of a dead body.
Mont. Code Ann. § 50-79-106 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-106
50-79-106 Confidentiality -- trade secrets
Status: in_force

50-79-106 . Confidentiality -- trade secrets. A report of investigation or inspection or processes obtained under this chapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the department.
Mont. Code Ann. § 50-31-314 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-314
50-31-314 Exemptions from code imprint requirement
Status: in_force

50-31-314 . Exemptions from code imprint requirement. The board of pharmacy may grant exemptions from the requirements of 50-31-313 and 50-31-315 upon a showing by a drug manufacturer or distributor that size, physical characteristics, or other compelling reasons render application of a code imprint on a legend drug subject to the provisions of 50-31-313 impractical or impossible. Any exemption granted must be included in the list required by 50-31-315 and must describe the physical characteristics and type of drug covered by the exemption.
Mont. Code Ann. § 50-30-106 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-106
50-30-106 Department to conduct investigations
Status: in_force

50-30-106 . Department to conduct investigations. (1) The department shall conduct investigations of reported accidental injuries, illnesses, and deaths resulting from the use or misuse of all hazardous substances, as defined by 50-30-201 (1)(a), intended or suitable for use by the general public.

(2) Investigations shall evaluate the causative hazardous substance and circumstances of the accident for enforcement of this chapter.

(3) If the offending hazardous substance is a pesticide regulated by another agency under the federal Environmental Pesticide Control Act or the Montana Pesticides Act, the investigation shall yield recommendations to the appropriate regulating agency for appropriate action.
Mont. Code Ann. § 50-9-101 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-101
50-9-101 Short title
Status: in_force

50-9-101 . Short title. This chapter may be cited as the "Montana Rights of the Terminally Ill Act".
Mont. Code Ann. § 50-60-514 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-514
50-60-514 District court -- jurisdiction -- restraining orders
Status: in_force

50-60-514 . District court -- jurisdiction -- restraining orders. The district court of any county has jurisdiction in equity, on application of the department of labor and industry, to restrain from connection any new plumbing installations on finding, after a hearing, that the plumbing is inferior to the standards of the state plumbing code.
Mont. Code Ann. § 50-76-104 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-104
50-76-104 Application, examination, and fee for license
Status: in_force

50-76-104 . Application, examination, and fee for license. (1) Application for licenses must be made to the department and submitted with the appropriate fee that is set commensurate with the cost of administering this program, to be deposited in the state special revenue fund for use by the department.

(2) The department shall determine by rule the fees to be charged an applicant for each examination and reexamination. The fees must be commensurate with costs.

(3) The department may use a third party to perform examination and grading services.
Mont. Code Ann. § 50-51-403 — MT Code / Title 50 / Chapter 51 / Part 4 / Section 50-51-403
50-51-403 Costs and expenses -- recovery by department or county
Status: in_force

50-51-403 . Costs and expenses -- recovery by department or county. In a civil action initiated by the department or a county under this chapter, the court may, by petition of the department or county, order an establishment 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.
Mont. Code Ann. § 50-60-505 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-505
50-60-505 Permit required
Status: in_force

50-60-505 . Permit required. (1) It is unlawful for any person to engage in the business, trade, or work of installing, removing, altering, or repairing plumbing and drainage systems or parts of plumbing and drainage systems without first obtaining a permit from the department of labor and industry.

(2) A separate permit must be obtained for each building or structure.

(3) A person may not allow any other person to do or cause to be done any work under a permit secured by the permittee except persons in the permittee's employ.

(4) When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to the connection is included in the permit.
Mont. Code Ann. § 50-72-201 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-201
50-72-201 Inspectors
Status: in_force

50-72-201 . Inspectors. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspections of mines by federal inspectors, the department is not authorized to conduct inspections of those mines. If regular 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 employ an adequate number of qualified metallic and nonmetallic mine inspectors necessary for the enforcement of this chapter and shall prescribe their powers, duties, and responsibilities.

(2) The department is authorized to employ an adequate number of qualified inspectors for sand and gravel mining operations and to prescribe the powers, duties, and responsibilities of those inspectors.
Mont. Code Ann. § 50-73-407 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-407
50-73-407 Department to give notice of violations and penalties therefor
Status: in_force

50-73-407 . Department to give notice of violations and penalties therefor. The department shall immediately notify the owner, lessee, superintendent, or mining boss of the discovery of any violation of the mining laws of this state and the penalty thereby imposed for those violations.
Mont. Code Ann. § 50-31-506 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-506
50-31-506 Penalties
Status: in_force

50-31-506 . Penalties. (1) Any person who violates any of the provisions of 50-31-204 , 50-31-208 , 50-31-313 , 50-31-315 , 50-31-501 , or 50-31-502 is guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than 3 months, a fine of not more than $250, or both such imprisonment and fine.

(2) If the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than 6 months, a fine of not more than $500, or both such imprisonment and fine.
Mont. Code Ann. § 50-21-103 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-103
50-21-103 Limitations on right to perform autopsy or dissection
Status: in_force

50-21-103 . Limitations on right to perform autopsy or dissection. The right to perform an autopsy, dissect a human body, conduct surgical demonstration or training on a human body, or make any postmortem examination involving dissection of any part of a body is limited to cases:

(1) which are specifically authorized by law;

(2) in which a coroner is authorized to hold an inquest and then only to the extent that the coroner may authorize dissection or autopsy;

(3) authorized by a written statement of the deceased, whether the statement is of a testamentary character or otherwise;

(4) authorized by the husband, wife, or next of kin responsible by law for burial to determine the cause of death and then only to the extent authorized;

(5) in which the decedent died in a hospital operated by the United States department of veterans affairs, Montana school for the deaf and blind, or an institution in the department of corrections or the department of public health and human services, leaving no surviving husband, wife, or next of kin responsible by law for burial and the manager or superintendent of the hospital or institution where death occurred obtains authority on order of the district court to determine the cause of death and then only to the extent authorized by court order;

(6) in which the decedent died in the state, was a resident, but left no surviving husband, wife, or next of kin charged by law with the duty of burial and the attending physician obtains authority on order of the district court for the purpose of ascertaining the cause of death and then only to the extent authorized by court order after it has been shown that the physician made diligent search for the next of kin responsible by law for burial.
Mont. Code Ann. § 50-50-216 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-216
50-50-216 Special revenue account
Status: in_force

50-50-216 . 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 it.