Mont. Code Ann. § 50-15-108 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-108
50-15-108 Duty to furnish information
Status: in_force

50-15-108 . Duty to furnish information. (1) A person having knowledge of the fact shall furnish information that the person possesses about a birth, death, fetal death, marriage, dissolution of marriage, or invalid marriage upon demand of the department.

(2) The person in charge of any institution or facility for the care of persons shall record and report all data required by this chapter relating to inmates or patients of the institution or facility.
Mont. Code Ann. § 50-50-108 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-108
50-50-108 Violation -- misdemeanor
Status: in_force

50-50-108 . Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:

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

(2) fined not less than $75 or more than $200 for the second offense;

(3) fined not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.
Mont. Code Ann. § 50-79-405 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-405
50-79-405 Penalty
Status: in_force

50-79-405 . Penalty. A person who violates 50-79-404 is guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $1,000 or by confinement in the county jail of not less than 30 days and not more than 90 days or by both.
Mont. Code Ann. § 50-30-305 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-305
50-30-305 Exceptions to penalty
Status: in_force

50-30-305 . Exceptions to penalty. A person is not subject to the penalties of 50-30-304 :

(1) for having violated 50-30-301 (3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith unless the person refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom the person purchased or received the hazardous substance and copies of all documents pertaining to the delivery of the hazardous substance to the person; or

(2) for having violated 50-30-301 (1) if the person establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded or banned hazardous substance within the meaning of those terms in this chapter.
Mont. Code Ann. § 50-5-502 — MT Code / Title 50 / Chapter 5 / Part 5 / Section 50-5-502
50-5-502 Refusal by hospital or health care facility to participate in sterilization
Status: in_force

50-5-502 . Refusal by hospital or health care facility to participate in sterilization. (1) No private hospital or health care facility shall be required, contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of such hospital or facility as stated by its governing body or board, to admit any person for the purpose of sterilization or to permit the use of its facilities for such purpose.

(2) Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.
Mont. Code Ann. § 50-37-110 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-110
50-37-110 Penalties
Status: in_force

50-37-110 . Penalties. Any person, firm, partnership, association, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 or more than $500 or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, by imprisonment in the county jail for a period of not less than 30 days or more than 6 months or by both such fine and imprisonment.
Mont. Code Ann. § 50-16-802 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-802
50-16-802 Applicability
Status: in_force

50-16-802 . Applicability. This part applies only to health care providers subject to the health care information privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.
Mont. Code Ann. § 50-32-304 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-304
50-32-304 Waiver of registration requirement when in public interest
Status: in_force

50-32-304 . Waiver of registration requirement when in public interest. The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
Mont. Code Ann. § 50-5-505 — MT Code / Title 50 / Chapter 5 / Part 5 / Section 50-5-505
50-5-505 Refusal not grounds for loss of privileges, immunities, or public benefits
Status: in_force

50-5-505 . Refusal not grounds for loss of privileges, immunities, or public benefits. Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.
Mont. Code Ann. § 50-20-305 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-305
50-20-305 Emergency
Status: in_force

50-20-305 . Emergency. When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
Mont. Code Ann. § 50-16-531 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-531
50-16-531 Immunity of health care providers pursuant to written authorization -- form required
Status: in_force

50-16-531 . Immunity of health care providers pursuant to written authorization -- form required. A health care provider who discloses health care information within the possession of the provider, including health care information from another provider, is immune from any civil cause of action by the patient or the patient's heirs or successors in interest that is based upon delivery to the patient or the patient's designee of health care information concerning the patient that is contained in the health care provider's patient file if the information is disclosed in accordance with a written authorization using the following language:

"All health care information in your possession, whether generated by you or by any other source, may be released to me or to ...............(named person) for ...............(purpose of the disclosure). This release is subject to revocation at any time. The revocation is effective from the time it is communicated to the health care provider. If not revoked, the release terminates in accordance with 50-16-527 .

...............................

(Signature of patient)"
Mont. Code Ann. § 50-21-102 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-102
50-21-102 Procedure to procure cadavers
Status: in_force

50-21-102 . Procedure to procure cadavers. The procedure to procure a human body for use in teaching and demonstrations of anatomy is as follows:

(1) A medical school shall apply to the person or organization that has custody of the unclaimed body asking that the body be delivered to the school for teaching and demonstration of anatomy.

(2) The medical school shall file a notarized statement with the department of public health and human services showing that proper equipment is available for proper handling, security, and preservation of human bodies.

(3) The body must be kept at the unit, institution, or hospital for at least 3 weeks after the date of death before it can be used.

(4) The medical school shall pay the costs of special preparation and transportation of the body.

(5) A burial permit must accompany each body, and the medical school shall properly register the body and arrange for burial by a licensed mortician at the expense of the medical school.

(6) If there was no request by the deceased person that the deceased's body be buried immediately, the person or organization that has custody may deliver an unclaimed body to the medical school applying.

(7) The medical school shall file a statement with the department stating that the body will be used only for teaching and demonstration of anatomy.

(8) A licensed physician or podiatrist shall contract with a nationally accredited nontransplant anatomic bank for the delivery and disposal of an anatomic specimen for the purposes of conducting anatomical dissection or surgical demonstration and training. The specimen must be delivered to a hospital or surgical center licensed by the state.
Mont. Code Ann. § 50-30-102 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-102
50-30-102 Definitions
Status: in_force

50-30-102 . Definitions. In this chapter, the following definitions apply:

(1) "Commerce" means all commerce within this state and subject to the jurisdiction of this state and includes the operation of any business or service establishment.

(2) "Court" means, the district court in the district where the violation occurs.

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

(4) "Person" includes an individual, partnership, corporation, or association or its legal representative or agent.
Mont. Code Ann. § 50-74-307 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-307
50-74-307 Requirements for traction licenses
Status: in_force

50-74-307 . Requirements for traction licenses. (1) An applicant for a traction engineer's license:

(a) must be 18 years of age or older;

(b) shall attend a steam school approved by the department by rule and may apply steam school hours to the hour requirement established in subsection (3);

(c) must have at least 50 hours total experience in the operation of steam traction engines; and

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

(2) The department may issue a license to an individual holding a valid license from another state under 50-74-306 if the individual is from a state that has standards greater than or equal to the state of Montana.
Mont. Code Ann. § 50-72-206 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-206
50-72-206 Requirements as to findings, notices, and orders
Status: in_force

50-72-206 . Requirements as to findings, notices, and orders. (1) Findings and orders issued pursuant to this part shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard and a description of the area of the mine throughout which persons must be withdrawn and debarred.

(2) Each finding made and notice or order issued under this part shall be given promptly to the operator of the mine to which it pertains by the person making such finding or order, and all such findings, orders, and notices shall be in writing and shall be signed by the person making them.
Mont. Code Ann. § 50-52-105 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-105
50-52-105 Violation of chapter a misdemeanor
Status: in_force

50-52-105 . Violation of chapter a misdemeanor. (1) A person violating a provision of this chapter or a rule made under it is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $50 or more than $100 for the first offense and an amount not less than $75 or more than $200 for the second offense, and for the third and subsequent offenses, the person shall be punished by a fine of not less than $200 and by imprisonment in the county jail for a term not to exceed 90 days.

(2) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the establishment is located. The county treasurer shall send all fines collected to the department of revenue, as provided in 15-1-504 , for deposit in the state general fund.
Mont. Code Ann. § 50-21-105 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-105
50-21-105 Morticians not affected
Status: in_force

50-21-105 . Morticians not affected. This chapter shall not restrict the right of a licensed mortician to dissect a human body for proper preparation of the body for burial, cremation, or other disposition provided by law.
Mont. Code Ann. § 50-16-536 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-536
50-16-536 Method of compulsory process
Status: in_force

50-16-536 . Method of compulsory process. (1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-535 (1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-535 (1)(j), the person seeking discovery or compulsory process shall mail a notice by first-class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate required under subsection (2) of this section to the health care provider.

(2) Service of compulsory process or discovery requests upon a health care provider must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person's authorized representative, identifying at least one subsection of 50-16-535 under which compulsory process or discovery is being sought. The certification must also state, in the case of information sought under 50-16-535 (1)(b), (1)(d), or (1)(e) or in a civil proceeding under 50-16-535 (1)(j), that the requirements of subsection (1) of this section for notice have been met. A person may sign the certification only if the person reasonably believes that the subsection of 50-16-535 identified in the certification provides an appropriate basis for the use of discovery or compulsory process. Unless otherwise ordered by the court, the health care provider shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.

(3) In response to service of compulsory process or discovery requests, when authorized by law, a health care provider may deny access to the requested health care information. Additionally, a health care provider may deny access to the requested health care information under 50-16-542 (1). If access to requested health care information is denied by the health care provider under 50-16-542 (1), the health care provider shall submit to the court by affidavit or other reasonable means an explanation of why the health care provider believes the information should be protected from disclosure.

(4) When access to health care information is denied under 50-16-542 (1), the court may order disclosure of health care information, with or without restrictions as to its use, as the court considers necessary. In deciding whether to order disclosure, the court shall consider the explanation submitted by the health care provider, the reasons for denying access to health care information set forth in 50-16-542 (1), and any arguments presented by interested parties.

(5) A health care provider required to disclose health care information pursuant to compulsory process may charge a reasonable fee, not to exceed the fee provided for in 50-16-540 , and may deny examination or copying of the information until the fee is paid.

(6) Production of health care information under 50-16-535 and this section does not in itself constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.
Mont. Code Ann. § 50-18-103 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-103
50-18-103 Cooperation with federal agencies -- federal funds
Status: in_force

50-18-103 . Cooperation with federal agencies -- federal funds. (1) The department of public health and human services shall cooperate with federal agencies and may expend federal funds made available to the state for the prevention, control, and treatment of sexually transmitted diseases.

(2) The department may accept federal funds available for the prevention, control, and treatment of sexually transmitted diseases, deposit funds in the state treasury, and disburse the funds.
Mont. Code Ann. § 50-31-104 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-104
50-31-104 Department authorized to adopt rules
Status: in_force

50-31-104 . Department authorized to adopt rules. (1) The department may adopt rules for the efficient enforcement of this chapter. The department may adopt by reference the regulations adopted by the food and drug administration under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).

(2) No hearing is required for adoption by reference of those regulations adopted under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).

(3) The department may not establish rules related to enforcement of this chapter for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 50-15-311 — MT Code / Title 50 / Chapter 15 / Part 3 / Section 50-15-311
50-15-311 Certificates of adoption or annulment of adoption -- report of amended or annulled adoption decree
Status: in_force

50-15-311 . Certificates of adoption or annulment of adoption -- report of amended or annulled adoption decree. (1) For each adoption decreed by a district court, the decree must require the clerk of the court to prepare a certificate of adoption on a form prescribed and furnished by the department. The certificate of adoption must include facts that are necessary to locate and identify the date and place of birth of the adopted person or, in the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the district court as to the date and place of birth of the person. The certificate of adoption must also contain information necessary to establish a new certificate of birth for the person adopted and must identify the order of adoption. The clerk of the court shall certify the certificate of adoption.

(2) Information necessary for the clerk of the court to prepare the certificate of adoption must be furnished, by each petitioner for adoption on a form prescribed by the department, at the time that the petition for adoption is filed. A person or agency having knowledge of facts, as described in subsection (1), may be required by the court to supply the court with information necessary to complete the certificate of adoption. The district court may make the provision of the information for the preparation of a certificate of adoption a prerequisite to the issuance of a final decree.

(3) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report. The report must include the facts that are necessary to identify the original certificate of adoption and the facts amended in the adoption decree that are necessary to properly amend the birth record.

(4) No later than the 16th day of each calendar month or more frequently, as directed by the department, the clerk of the court shall forward to the department certificates of adoption, reports of annulment of adoption, and amendments of decrees of adoption that were entered in the preceding month, together with any related reports required by the department.

(5) When the department receives a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption for a person born outside this state, the department shall forward the certificate, report, or amendment to the state registrar or the agency charged with registering vital statistics in the state where the person was born.

(6) If the birth of an adopted child occurred in a foreign country and the adopted child was not a citizen of the United States at the time of birth, the department shall prepare a "Certificate of Foreign Birth" as required by 50-15-223 . If the adopted child was born in Canada, the department shall send a copy of the certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority in Canada.

(7) If the adopted child born in a foreign country was a citizen of the United States at the time of birth, the department may not prepare a "Certificate of Foreign Birth" and shall notify the adoptive parents of the procedures for obtaining a revised certificate of birth for their child through the United States department of state.

(8) A deceased person cannot be adopted.
Mont. Code Ann. § 50-50-207 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-207
50-50-207 Expiration date of license
Status: in_force

50-50-207 . Expiration date of license. (1) Except as provided in subsection (2), licenses expire on December 31 following the date of issue unless canceled for cause.

(2) License renewals provided for in 16-11-122 , 30-12-203 (5)(a), 50-50-201 , 80-7-106 , and 82-15-105 expire on the anniversary date established by rule by the board of review established in 30-16-302 .
Mont. Code Ann. § 50-73-203 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-203
50-73-203 Map of underground working
Status: in_force

50-73-203 . Map of underground working. For the underground working, the map shall show all power distribution and ventilation in mines and all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous mine; all excavations, entries, rooms, and crosscuts; the rise or dip of the seam from the bottom of the shaft, mouth of drift, or slope in either direction to the face of the workings; the location of the fan; the location of the permanent pumps, hauling engines, engine-planes, and fire walls; the location of any standing water which might prove a menace to life or danger to property from flood; and the line of any contiguous surface outcrop of the seam.
Mont. Code Ann. § 50-20-102 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-102
50-20-102 Statement of purpose -- findings
Status: in_force

50-20-102 . Statement of purpose -- findings. (1) The legislature reaffirms the tradition of the state of Montana to protect every human life, whether unborn or aged, healthy or sick. In keeping with this tradition and in the spirit of our constitution, we reaffirm the intent to extend the protection of the laws of Montana in favor of all human life. It is the policy of the state to preserve and protect the lives of all human beings and to provide protection for the viable human life. The protection afforded to a person by Montana's constitutional right of privacy is not absolute, but may be infringed upon by a compelling state interest. The legislature finds that a compelling state interest exists in the protection of viable life.

(2) The legislature finds, with respect to 50-20-401 , that:

(a) the United States supreme court has determined that states have a legitimate interest in protecting both a woman's health and the potentiality of human life and that each interest grows and reaches a compelling point at various stages of a woman's approach to the full term of a pregnancy;

(b) the court has also determined that subsequent to viability, the state in promoting its interest in the potentiality of human life may, if it chooses, regulate and even proscribe abortion except when necessary, in appropriate medical judgment, for the preservation of the life or health of the woman;

(c) the holdings referred to in subsections (2)(a) and (2)(b) apply to unborn persons in order to extend to unborn persons the inalienable right to defend their lives and liberties;

(d) absent clear proof that an abortion is necessary to save the life of the woman, the abortion of a viable person is an infringement of that person's rights; and

(e) the state has a duty to protect innocent life and that duty has grown to a compelling point with respect to partial-birth abortion.
Mont. Code Ann. § 50-63-201 — MT Code / Title 50 / Chapter 63 / Part 2 / Section 50-63-201
50-63-201 Cause of fire to be investigated
Status: in_force

50-63-201 . Cause of fire to be investigated. The origin, cause, and circumstances of each fire by which property has been destroyed or damaged shall be investigated to determine the cause and circumstances. The department of justice may superintend and direct the investigation.
Mont. Code Ann. § 50-60-709 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-709
50-60-709 Permits
Status: in_force

50-60-709 . Permits. (1) (a) An elevator contractor may not erect, construct, install, or alter an elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part unless the elevator contractor has obtained a permit from the department and paid the requisite permit fees.

(b) Only a licensed elevator contractor may perform the work described in subsection (1)(a).

(2) Each permit application must be accompanied by copies of specifications and accurately scaled and fully dimensioned plans that:

(a) show the location of the installation in relation to the plans and elevation of the building;

(b) show the location of the machinery room and the equipment to be installed, relocated, or altered;

(c) show all structural supporting members, including foundations;

(d) specify all materials to be employed and all loads to be supported or conveyed; and

(e) are sufficiently complete to illustrate all details of construction and design.

(3) The department may by rule establish criteria for revoking a permit, including but not limited to materially false statements or misrepresentations made in conjunction with a permit application, an elevator contractor's failure to perform in accordance with the specifications or plans submitted with the application or with conditions of the permit, or the elevator contractor's failure to comply with a department stop-work order.

(4) A permit issued under this section expires:

(a) 6 months from the date of its issuance unless the permit specifies a shorter expiration period; or

(b) if an elevator contractor suspends or abandons work covered by a permit for 60 days unless the permit specifies a shorter expiration period for suspension or abandonment.
Mont. Code Ann. § 50-43-106 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-106
50-43-106 Physician not subject to disciplinary action
Status: in_force

50-43-106 . Physician not subject to disciplinary action. A physician may not be disciplined by the board of medical examiners for prescribing or administering calcium-EAP, harnosal, or phosetamin to a patient under the physician's care in the treatment of any malignancy, disease, illness, or physical condition.
Mont. Code Ann. § 50-20-806 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-806
50-20-806 Mandatory reporting
Status: in_force

50-20-806 . Mandatory reporting. A health care provider, medical facility, abortion clinic, or employee or volunteer of a medical facility or abortion clinic with knowledge of a violation of this part shall immediately report the violation to the department of justice.
Mont. Code Ann. § 50-16-816 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-816
50-16-816 Reasonable fees
Status: in_force

50-16-816 . Reasonable fees. Unless prohibited by federal law, a reasonable fee for providing copies of 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. § 50-63-101 — MT Code / Title 50 / Chapter 63 / Part 1 / Section 50-63-101
50-63-101 Examination of premises where fire occurred authorized
Status: in_force

50-63-101 . Examination of premises where fire occurred authorized. In the performance of the duties imposed by the provisions of this chapter, officers of the department of justice may, as authorized by law, enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereto.
Mont. Code Ann. § 50-6-401 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-401
50-6-401 Definitions
Status: in_force

50-6-401 . Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.

(2) "Emergency medical service" means an emergency medical service as defined by 50-6-302 .

(3) "Health care facility" or "facility" means a hospital or critical access hospital as defined in 50-5-101 .

(4) "Hospital trauma register" means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility.

(5) "Quality improvement" means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards.

(6) "State trauma register" means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system.

(7) "Trauma" means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force.

(8) "Trauma care committee" means the trauma care committee created in 2-15-2216 .

(9) "Trauma care system" means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients.

(10) "Trauma facility" means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility.

(11) "Trauma region" means a geographic area, designated by department rule pursuant to 50-6-402 , within which trauma services are coordinated and evaluated through a regional trauma care system.
Mont. Code Ann. § 50-23-102 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-102
50-23-102 Prohibition of possession of wild animals -- exceptions
Status: in_force

50-23-102 . Prohibition of possession of wild animals -- exceptions. A person may not possess a wild animal unless the person possessed it for at least 6 months prior to January 1, 1982, or it is used in a fur-bearing enterprise, contained in a zoological exhibition in a manner that it may not come in physical contact with members of the public, or acquired by an educational institution for scientific research.
Mont. Code Ann. § 50-4-719 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-719
50-4-719 For-profit health entity
Status: in_force

50-4-719 . For-profit health entity. (1) A corporation that becomes a for-profit health entity under this part may not be considered to have abandoned its corporate status by virtue of a conversion transaction unless the conversion transaction provides specifically to the contrary.

(2) The certificate of authority, agent appointments, licenses, forms, and any other filings in existence at the time of a conversion transaction continue in full force and effect upon a conversion transaction if a corporation at all times remains qualified to engage in business in the state.

(3) All outstanding contracts of a transferor remain in full force and effect and need not be otherwise endorsed unless ordered by the commissioner.
Mont. Code Ann. § 50-57-209 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-209
50-57-209 Refusal of local health officer to validate -- appeal to board
Status: in_force

50-57-209 . Refusal of local health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department only if the local health officer determines that the applicant has not met the requirements for the issuance of the license under this chapter or rules adopted by the department under this chapter. The local health officer shall notify the applicant and the department of the refusal within 5 days of the decision not to validate. The notice must state the grounds for the refusal.

(2) The applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the local health officer and the local board of health within 30 days of the local health officer's refusal to validate a license or within 30 days of the expiration of the period for the local health officer's decision under 50-57-208 , whichever is first.

(3) Upon the filing of the notice of appeal, the applicant is entitled to a hearing before the local board of health to determine the applicant's eligibility for a license under this chapter and department rules adopted under this chapter. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the local board of health finds that the applicant is entitled to a validated license, the presiding officer of the local board of health shall validate the license by signing the license.
Mont. Code Ann. § 50-15-210 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-210
50-15-210 Paternity acknowledgment
Status: in_force

50-15-210 . Paternity acknowledgment. (1) Upon the birth of a child to a mother unmarried at the time of birth, the administrator or person in charge of a hospital or other institution in which the birth occurs or the midwife who attends the birth shall:

(a) provide an opportunity for the child's mother and alleged father to complete an acknowledgment of paternity pursuant to 40-6-105 ;

(b) provide written information, furnished by the department of public health and human services, describing the rights and responsibilities of paternity, the benefits of having a child's paternity established, and the child's right to receive support; and

(c) forward a copy of an acknowledgment signed by the mother and the father to the department.

(2) The hospital, institution, or midwife is entitled to reimbursement for reasonable costs of obtaining an acknowledgment. The department of public health and human services shall establish the amount of reasonable costs, not to exceed the amount for which federal financial participation is available, and the procedures for claiming reimbursement.

(3) Hospitals, institutions, and midwives shall use forms prescribed by the department of public health and human services for the acknowledgment of paternity.

(4) If the child is born in this state, the department of public health and human services shall file an acknowledgment received under 40-6-105 or this section with the child's certificate of birth. If the child was not born in this state or if an acknowledgment received under 40-6-105 or this section cannot be filed with the child's certificate of birth, the department shall file the acknowledgment in an acknowledgment registry created and maintained for that purpose.
Mont. Code Ann. § 50-5-233 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-233
50-5-233 Designation of critical access hospitals -- adoption of rules
Status: in_force

50-5-233 . Designation of critical access hospitals -- adoption of rules. (1) The department may designate as a critical access hospital a facility that:

(a) is:

(i) located more than 35 road miles or, in the case of a facility located in mountainous terrain or where only secondary roads exist, more than 15 road miles from a hospital or another critical access hospital; or

(ii) a necessary provider of health care services to residents of the area where the facility is located;

(b) provides 24-hour emergency care that is necessary for ensuring access to emergency care services in the area served by the facility;

(c) complies with the bed limitations adopted by rule, not to exceed the number specified in 42 U.S.C. 1395i-4(c)(2)(B), (c)(2)(E), and (f);

(d) provides inpatient acute care for a period not exceeding 96 hours, as determined on an average, annual basis for each patient;

(e) complies with the staffing requirements of 42 U.S.C. 1395i-4(c)(2)(B)(iv); and

(f) operates a quality assessment and performance improvement program and follows appropriate procedures for review of utilization of services as specified in 42 U.S.C. 1395x(aa)(2)(I).

(2) The department shall adopt rules to implement this section, including the following:

(a) standards for determining whether the facility qualifies as a necessary provider pursuant to subsection (1)(a)(ii);

(b) standards for determining whether the 24-hour emergency care provided is necessary to ensure that the area served by the facility has adequate access to emergency care services;

(c) procedures for applying for and receiving designation as a critical access hospital; and

(d) designation of the maximum number of beds allowed pursuant to subsection (1)(c) and consistent with federal law.
Mont. Code Ann. § 50-61-101 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-101
50-61-101 Purpose of chapter
Status: in_force

50-61-101 . Purpose of chapter. The purpose and intent of this chapter are to provide for the public safety in case of fire in those occupancies specified in 50-61-103 and to allow for inspection of the buildings and premises by specified officers.
Mont. Code Ann. § 50-61-117 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-117
50-61-117 Prosecution of violations
Status: in_force

50-61-117 . Prosecution of violations. It is the duty of the department of justice or other authorized officer to furnish the county attorney with all evidence of violations of rules adopted by the department within the county where said violations occur, and, if the evidence discloses the fact that a violation has occurred, it is the duty of the county attorney of the county to prosecute the person committing the violation in the same manner as in other cases.
Mont. Code Ann. § 50-60-705 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-705
50-60-705 Authority of department -- rulemaking
Status: in_force

50-60-705 . Authority of department -- rulemaking. (1) The department may consult with engineering authorities and organizations concerned with safety codes, rules, and regulations governing the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of elevators, dumbwaiters, escalators, and other equipment subject to the provisions of this part.

(2) (a) The department shall adopt rules relating to the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of elevators, dumbwaiters, escalators, and other equipment subject to the provisions of this part.

(b) The department may adopt by reference national standards for equipment subject to the provisions of this part, including national safety codes for elevators and escalators, safety standards for platform lifts and stairway chairlifts, safety codes for existing elevators and escalators, and standards for automated people movers.

(3) The department may modify or grant exceptions to any provision of this part or any rule or standard adopted pursuant to this part if to do so would not jeopardize the public safety or welfare.
Mont. Code Ann. § 50-20-903 — MT Code / Title 50 / Chapter 20 / Part 9 / Section 50-20-903
50-20-903 Department regulation of abortion clinics -- rulemaking
Status: in_force

50-20-903 . Department regulation of abortion clinics -- rulemaking. (1) In accordance with Title 50, chapter 5, the department shall license and regulate abortion clinics as provided in this part and shall enforce the provisions of this part.

(2) The department shall adopt administrative rules for the licensure and operation of abortion clinics, including rules:

(a) establishing minimum license qualifications;

(b) establishing requirements for:

(i) sanitation standards;

(ii) staff qualifications;

(iii) necessary emergency equipment;

(iv) providing emergency care;

(v) monitoring patients after the administration of anesthesia;

(vi) providing follow-up care for patient complications;

(vii) quality assurance;

(viii) infection control;

(ix) the architecture or layout of an abortion clinic;

(x) providing to patients a hotline telephone number to assist women who are coerced into an abortion or who are victims of sex trafficking; and

(xi) obtaining annual training by law enforcement on identifying and assisting women who are coerced into an abortion or who are victims of sex trafficking;

(c) establishing operating policies for maintaining medical records, including the requirement that forms requiring a patient signature be stored in the patient's medical record;

(d) establishing procedures for the issuance, renewal, denial, and revocation of licenses, including:

(i) the form and content of the license; and

(ii) the collection of an annual license fee of $450, payable to the department for deposit in the general fund;

(e) establishing procedures and standards for inspections; and

(f) establishing procedures for addressing any violations of this section or rules adopted pursuant to this section.
Mont. Code Ann. § 50-32-309 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-309
50-32-309 Registrants to maintain records and inventories
Status: in_force

50-32-309 . Registrants to maintain records and inventories. Persons registered to manufacture, distribute, or dispense dangerous drugs under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the board issues.
Mont. Code Ann. § 50-79-301 — MT Code / Title 50 / Chapter 79 / Part 3 / Section 50-79-301
50-79-301 Definition
Status: in_force

50-79-301 . Definition. Notwithstanding the definition in 50-79-103 , as used in this part "person" means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity.
Mont. Code Ann. § 50-50-120 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-120
50-50-120 Temporary food establishment requirements
Status: in_force

50-50-120 . Temporary food establishment requirements. (1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:

(a) must be operated in compliance with applicable department rules; and

(b) shall obtain a permit from the local health regulatory authority on a form approved by the state.

(2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.

(b) A temporary food establishment operated by a nonprofit organization:

(i) is exempt from paying a permit fee; and

(ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.
Mont. Code Ann. § 50-5-1202 — MT Code / Title 50 / Chapter 5 / Part 12 / Section 50-5-1202
50-5-1202 Definitions
Status: in_force

50-5-1202 . Definitions. As used in this part, the following definitions apply:

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

(2) "Long-term care facility" means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101 .

(3) "Medical symptom" means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient.

(4) "Physician" includes an advanced practice registered nurse to the extent permitted by federal law.

(5) "Resident" means a person who lives in a long-term care facility.

(6) (a) "Safety devices" means side rails, tray tables, seatbelts, and other similar devices.

(b) The term does not include protective restraints as defined in 21 CFR 880.6760.
Mont. Code Ann. § 50-74-312 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-312
50-74-312 Review of license rejection -- waiting period
Status: in_force

50-74-312 . Review of license rejection -- waiting period. (1) An applicant for a license under the provisions of this chapter whose application has been rejected may, within 45 days after the date of the rejection, set forth in writing any arguments opposing the rejection and request a review by the department. The request must be addressed to the department and must be signed by the applicant.

(2) Within 2 days after receiving the request, the department shall notify the applicant in writing that on a certain day, not less than 5 days or more than 30 days after receipt of the written request, the department shall review and evaluate the application and any arguments opposing the rejection of the license application.

(3) The applicant may appear in person at the review. At least 2 days before the day set for the review, the applicant may designate in writing to the department the name of an engineer holding a valid license of equal or higher grade than the one applied for, and the engineer may testify on behalf of the applicant at the review.

(4) After the review, if the department determines that the applicant is entitled to the license, the department shall issue the license. If the department affirms the decision to not issue the license, the applicant may reapply to take the license examination, as provided in 50-74-311 , and may not take the examination within 45 days of the final decision to not issue the license.
Mont. Code Ann. § 50-20-708 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-708
50-20-708 Information required in state-prepared materials
Status: in_force

50-20-708 . Information required in state-prepared materials. (1) The department shall publish state-prepared, printed materials on informed consent for abortion and shall include the following statement:

"Information on the potential ability of qualified medical practitioners to reverse the effects of an abortion obtained through the use of abortion-inducing drugs is available at www.abortionpillreversal.com, or you can contact (877) 558-0333 for assistance in locating a medical professional who can aid in the reversal of an abortion."

(2) The department shall annually review and update, if necessary, the statement requirement under subsection (1).

(3) As part of the informed consent counseling services required in 50-20-707 , the qualified medical practitioner shall inform the pregnant woman about abortion pill reversal and provide the woman with the state-prepared materials described in subsection (1).
Mont. Code Ann. § 50-37-101 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-101
50-37-101 Fireworks defined
Status: in_force

50-37-101 . Fireworks defined. The term "fireworks" means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.
Mont. Code Ann. § 50-20-504 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-504
50-20-504 Consent of parent or legal guardian required
Status: in_force

50-20-504 . Consent of parent or legal guardian required. (1) Except as provided in 50-20-507 , a physician or physician assistant may not perform an abortion on a minor unless the physician or physician assistant or the agent of the physician or physician assistant first obtains the notarized written consent of a parent or legal guardian of the minor.

(2) The consent of a parent or legal guardian of the minor is invalid unless it is obtained in the manner and on the form prescribed by 50-20-505 .
Mont. Code Ann. § 50-4-104 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-104
50-4-104 State health care policy
Status: in_force

50-4-104 . State health care policy. (1) It is the policy of the state of Montana to continue to investigate and develop strategies that result in all residents having access to quality health services at costs that are affordable.

(2) It is further the policy of the state of Montana that:

(a) Montana's health care system should ensure that care is delivered in the most effective and efficient manner possible;

(b) health promotion, preventative health services, and public health services should play a central role in the system;

(c) the patient-provider relationship should be a fundamental component of Montana's health care system;

(d) individuals should be encouraged to play a significant role in determining their health and appropriate use of the health care system;

(e) accurate and timely health care information should play a significant role in determining the individual's health and appropriate use of the health care system;

(f) whenever possible, market-based approaches should be relied on to contain the growth in health care spending while attempting to achieve expanded access, cost containment, and improved quality; and

(g) the process of health care reform in Montana should be carried out gradually and sequentially to ensure that any undesirable impacts of the state's reform policies on other aspects of the state's economy, particularly on small businesses, are minimized.

(3) The legislature recognizes the need to increase the emphasis on the education of consumers of health care services. Consumers should be educated concerning the health care system, payment for services, ultimate costs of health care services, and the benefit to consumers generally of providing only those services to the consumer that are reasonable and necessary.
Mont. Code Ann. § 50-74-216 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-216
50-74-216 Hydrostatic pressure test
Status: in_force

50-74-216 . Hydrostatic pressure test. When necessary, the boiler inspector shall subject boilers, except those exempted by 50-74-103 , to hydrostatic pressure, which hydrostatic pressure shall not exceed 150% of the steam pressure allowed on the boilers, providing there are no such leaks on such boilers which prevent the inspector from applying such hydrostatic pressure.
Mont. Code Ann. § 50-5-1302 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1302
50-5-1302 Determination of decisional capacity -- use of proxy decisionmaker
Status: in_force

50-5-1302 . Determination of decisional capacity -- use of proxy decisionmaker. (1) An attending health care provider may determine that an adult patient lacks decisional capacity related to medical treatment. The determination must be documented in the patient's medical record.

(2) (a) The attending health care provider shall make specific findings related to the cause, nature, and projected duration of the patient's lack of decisional capacity. The findings must be included in the patient's medical record.

(b) Health care providers must use evidence-based methodologies for determining decisionmaking capacity. The method used to determine decisionmaking capacity may be selected in collaboration with a medical ethics committee.

(c) Patients with chronic cognitive disabilities may require assessment by health care providers familiar with the patient's specific disability. If available, health care providers familiar with the patient's chronic cognitive disability must be consulted to assess decisionmaking capacity.

(d) Patients for whom English is a second language must be assessed by a health care provider in the presence of an interpreter who is fluent in the patient's primary language. Patients who communicate using American sign language must be assessed in the presence of an interpreter fluent in American sign language.

(3) A health care provider or health care facility may rely in good faith upon the medical treatment decision of a proxy decisionmaker selected or appointed in accordance with this part if an adult patient's attending health care provider determines that the patient lacks decisional capacity and the patient does not have:

(a) a guardian with medical decisionmaking authority;

(b) an agent appointed in a medical durable power of attorney; or

(c) any other known person with the legal authority to provide consent or refusal of medical treatment on the patient's behalf.

(4) Guardianship proceedings may be initiated by the health care facility in the absence of family or interested parties at the same time that a proxy decisionmaker is selected to meet the patient's current decisional needs. If a guardian is appointed, the guardian shall assume the proxy decisionmaker role.
Mont. Code Ann. § 50-74-104 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-104
50-74-104 Dinkey engines to be classed as traction engines
Status: in_force

50-74-104 . Dinkey engines to be classed as traction engines. Locomotives, commonly known as dinkey engines, used in operating logging or mining railroads or any similar work where such locomotives are owned, leased, or operated by any individual, company, or corporation and are used in the business of such individual, company, or corporation and not for general commercial purposes shall be classed as traction engines and be subject to inspection as are other traction engines, and the persons operating or firing such dinkey locomotives shall be required to hold traction licenses.
Mont. Code Ann. § 50-42-102 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-102
50-42-102 DMSO authorized
Status: in_force

50-42-102 . DMSO authorized. The manufacture, sale, possession, and distribution of DMSO are lawful within this state. However, distribution or sale of DMSO for human use must be by prescription in accordance with 50-31-307 . A person who violates this section is subject to the penalties provided for in 50-31-506 .
Mont. Code Ann. § 50-19-501 — MT Code / Title 50 / Chapter 19 / Part 5 / Section 50-19-501
50-19-501 Nursing mother and infant protection
Status: in_force

50-19-501 . Nursing mother and infant protection. (1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother's child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.

(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.

(3) The act of breastfeeding may not be considered:

(a) a nuisance as provided in Title 27, chapter 30;

(b) indecent exposure as provided for in 45-5-504 ;

(c) sexual conduct as defined in 45-5-625 ; or

(d) obscenity as provided for in 45-8-201 .
Mont. Code Ann. § 50-31-310 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-310
50-31-310 Narcotic and marijuana laws not affected
Status: in_force

50-31-310 . Narcotic and marijuana laws not affected. Nothing in 50-31-306 (2), 50-31-307 , 50-31-308 , or 50-31-309 shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now included or which may hereafter be included within the classifications of narcotic drugs, marijuana, or synthetic cannabinoids, as defined in the applicable federal and state laws relating to narcotic drugs, marijuana, and synthetic cannabinoids.
Mont. Code Ann. § 50-3-109 — MT Code / Title 50 / Chapter 3 / Part 1 / Section 50-3-109
50-3-109 Tax on fire insurance premiums
Status: in_force

50-3-109 . Tax on fire insurance premiums. (1) Each insurer authorized to effect insurance on risks enumerated in subsection (2) that is doing business in this state shall pay to the state auditor during the month of February or March in each year, in addition to the taxes on premiums required by law to be paid by it, taxes on the fire portion of the direct premiums on the enumerated risks received during the previous calendar year after deducting cancellations and return premiums. A tax of 2 1/2% must be deposited in the general fund as provided in 33-2-708 .

(2) The risks referred to in subsection (1) are:

(a) insurance of houses, buildings, and all other kinds of property against loss or damage by fire or other casualty;

(b) all kinds of insurance on goods, merchandise, or other property in the course of transportation, whether by land, water, or air;

(c) insurance against loss or damage to motor vehicles resulting from accident, collision, or marine and inland navigation and transportation perils;

(d) insurance of growing crops against loss or damage resulting from hail or the elements;

(e) insurance against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers, pumps, or other apparatus;

(f) insurance against loss or legal liability for loss because of damage to property caused by the use of teams or vehicles, whether by accident or collision or by explosion of any engine, tank, boiler, pipe, or tire of any vehicle; and

(g) insurance against theft of the whole or any part of a vehicle.
Mont. Code Ann. § 50-9-204 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-204
50-9-204 Immunities
Status: in_force

50-9-204 . Immunities. (1) In the absence of actual notice of the revocation of a declaration, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:

(a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining treatment from a qualified patient;

(b) a person who participates in the withholding or withdrawal of life-sustaining treatment under the direction or with the authorization of a physician or advanced practice registered nurse;

(c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining treatment under the direction of or with the authorization of a physician or advanced practice registered nurse or who on receipt of reliable documentation follow a living will protocol;

(d) emergency medical services personnel who proceed to provide life-sustaining treatment to a qualified patient pursuant to a revocation communicated to them; and

(e) a health care facility in which withholding or withdrawal occurs.

(2) A health care provider whose action under this chapter is in accord with reasonable medical standards is not subject to civil or criminal liability or discipline for unprofessional conduct with respect to that decision.

(3) A health care provider whose decision about the validity of consent under 50-9-106 is made in good faith is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.

(4) An individual designated pursuant to 50-9-103 (1) or an individual authorized to consent pursuant to 50-9-106 , whose decision is made or consent is given in good faith pursuant to this chapter, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.
Mont. Code Ann. § 50-5-211 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-211
50-5-211 Hospital hospice programs -- exemptions from separate licensure
Status: in_force

50-5-211 . Hospital hospice programs -- exemptions from separate licensure. A hospice program provided by a hospital need not be separately licensed if the department finds that such program meets the standards of 50-5-210 .
Mont. Code Ann. § 50-20-701 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-701
50-20-701 Short title
Status: in_force

50-20-701 . Short title. This part may be cited as the "Montana Abortion-Inducing Drug Risk Protocol Act".
Mont. Code Ann. § 50-57-207 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-207
50-57-207 Right to renewal
Status: in_force

50-57-207 . Right to renewal. (1) License renewal may be obtained annually by paying the required annual license fee provided for in 50-57-205 .

(2) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.
Mont. Code Ann. § 50-5-122 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-122
50-5-122 Transfer of hospital patients
Status: in_force

50-5-122 . Transfer of hospital patients. In cases where the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd, does not apply, a hospital may not transfer a patient to another hospital using only a call to a 9-1-1 service. The hospital shall:

(1) before the transfer, provide notice to the other hospital, including the reason for the transfer; and

(2) during the transfer, provide the medical records related to the patient's current hospitalization.
Mont. Code Ann. § 50-1-106 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-106
50-1-106 Collaboration and relationships within public health system
Status: in_force

50-1-106 . Collaboration and relationships within public health system. (1) In general, the department and local public health agencies shall seek to establish working relationships with federal, tribal, and other state or local public health agencies and with other public sector partners engaged in the provision of public health services and functions within the public health system.

(2) The department may enter an agreement with any federal agency to coordinate the provision of public health services and functions.

(3) The department may enter an agreement with any other state or any agencies in any other state to coordinate the provision of public health services and functions among the states that are parties to the agreement.

(4) Any local public health agency may enter agreements with other local public health agencies in the state to coordinate the provision of public health services and functions consistent with Title 50, chapter 2, and this chapter. The local public health agency shall submit any agreement entered into pursuant to this section to the department.

(5) A local public health agency whose jurisdiction extends to a state border may form an agreement with an adjoining state or a municipality in the other state to coordinate the provision of public health services and functions. The local public health agency shall submit any agreement entered into pursuant to this section to the department for prior approval.

(6) The department or local public health agencies may form agreements with tribes and tribal public health agencies in the state to coordinate the provision of public health services and functions or to promote cooperation in addressing specific public health needs of persons living on Indian reservations or Indians who reside outside the boundaries of Indian reservations.

(7) (a) Public health districts, consisting of two or more local public health agencies, may be created by interlocal agreement, as provided in Title 7, chapter 11, part 1, or as a district board of health under 50-2-107 for the purpose of improving the provision of public health services and functions for the affected population. A public health district created under this subsection (7) may include tribal health agencies.

(b) A public health district created under this subsection (7) must consist of the entire area of the combined local public health agencies and tribal health agencies and must be governed in accordance with state law.
Mont. Code Ann. § 50-5-1201 — MT Code / Title 50 / Chapter 5 / Part 12 / Section 50-5-1201
50-5-1201 Use of safety devices -- request and consent -- allowed individuals -- intent
Status: in_force

50-5-1201 . Use of safety devices -- request and consent -- allowed individuals -- intent. (1) The following individuals may request the use of and provide informed consent for the use of certain safety devices aimed at ensuring the physical safety of the resident by reducing the risk of falls and injuries associated with a resident's medical symptom even if the resident cannot easily remove the device or the device restricts the resident's total freedom of movement:

(a) a resident;

(b) a family member of a resident who is unable to make decisions because the resident has a communication barrier or has been found by a physician to be medically incapable of granting informed consent, as provided in 50-5-1203 ;

(c) a guardian, as defined in 72-1-103 ; or

(d) a person granted the power of attorney for health care decisions.

(2) A concern for a resident's physical safety or a resident's fear of falling may provide the basis for a medical symptom. A safety device may not be used for the convenience of staff or for disciplinary purposes.

(3) This part is intended to provide residents and authorized or designated representatives with the authority to request and consent to the use of safety devices but is not intended to interfere with the right of licensed health care providers acting within their scope of practice to recommend and order treatments and services, including physical restraints, for residents in their care.
Mont. Code Ann. § 50-40-201 — MT Code / Title 50 / Chapter 40 / Part 2 / Section 50-40-201
50-40-201 Local government buildings -- smoking prohibited
Status: in_force

50-40-201 . Local government buildings -- smoking prohibited. (1) In all parts of buildings maintained by a political subdivision, smoking is prohibited as provided in this section.

(2) Buildings owned and occupied by a political subdivision only and buildings leased and occupied by a political subdivision only must be smoke-free. In a building leased and occupied by a political subdivision and another entity, the on-the-scene manager of the political subdivision activity located in the building shall make the portions of the building occupied by the political subdivision activity smoke-free and is encouraged to work with the building owner or other tenants to make the building smoke-free.

(3) Restrictions contained in this section and imposed by the governing body apply uniformly to the employees of the political subdivision and the public.
Mont. Code Ann. § 50-6-307 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-307
50-6-307 License fee
Status: in_force

50-6-307 . License fee. (1) There must be paid to the department, with each application for a license or for renewal of a license, a license fee of $35.

(2) The department shall deposit fees with the state treasurer to the credit of the state general fund.

(3) Payment of the license fee stipulated in this part must be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this part.
Mont. Code Ann. § 50-50-121 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-121
50-50-121 Requirements for farmer's markets
Status: in_force

50-50-121 . Requirements for farmer's markets. (1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer's market is not a retail food establishment.

(b) A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer's market is not required to register as a cottage food operation.

(2) Foods that are not potentially hazardous or are otherwise eligible to be sold at a farmer's market include:

(a) whole shell eggs if the whole shell eggs are clean, free of cracks, and stored in clean cartons at a temperature established by the department by rule;

(b) hot coffee or hot tea if the person selling the hot coffee or hot tea does not provide or include fresh milk or cream;

(c) raw agricultural commodities;

(d) food identified by the department by rule as not being a potentially hazardous food; and

(e) homemade food or a homemade food product pursuant to Title 50, chapter 49.

(3) A farmer's market authorized by a municipal or county authority shall keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market, including food that does not meet the definition of potentially hazardous food.

(4) The registration records must include the name, address, and telephone number of the seller or server as well as the types of products sold or served and the date on which the products were sold or served.

(5) A farmer's market under this section shall make registration records available upon request to the local health authority.

(6) Except for homemade food or a homemade food product pursuant to Title 50, chapter 49, food sold in a farmer's market must, if sold in a container, have a label similar to a label required of a cottage food product under 50-50-116 .
Mont. Code Ann. § 50-5-1404 — MT Code / Title 50 / Chapter 5 / Part 14 / Section 50-5-1404
50-5-1404 Patient visitation rights
Status: in_force

50-5-1404 . Patient visitation rights. (1) A patient has a right to a minimum of 2 hours of in-person visitation a day, which, subject to clinical and safety restrictions, may not be limited to one visitor a day, restricted, terminated, suspended, or waived by a care facility, the department of public health and human services, or the governor, including during a state of emergency or disaster declared by the governor.

(2) A care facility may not:

(a) require a patient to waive the visitation rights specified in this section; or

(b) subject to 49-2-312 and 49-2-313 , impose a restriction on visitation based on a visitor's vaccination status or require a visitor to receive a vaccination.

(3) A care facility may, consistent with the precautions required to be taken by staff and other personnel:

(a) require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;

(b) restrict a visitor who does not pass health screening requirements;

(c) require a visitor to adhere to infection control procedures, including wearing personal protective equipment; and

(d) limit the number of persons in a room at one time pursuant to occupancy laws.

(4) A care facility shall post in a conspicuous place on the premises of the care facility informational materials developed by the department of public health and human services explaining the rights specified in this section.
Mont. Code Ann. § 50-74-317 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-317
50-74-317 When unlicensed person may operate
Status: in_force

50-74-317 . When unlicensed person may operate. (1) In case of accident, sickness, or any unforeseen event that prevents a licensed engineer, employed by an owner, renter, or user of an engine or boiler, from performing required duties, the owner, renter, or user may for 15 days employ any person 18 years of age or older whom the owner, renter, or user considers competent to run the engine or boiler.

(2) Although the person employed may not be the holder of an engineer's license, the person must have reasonable qualifications acceptable to the department.

(3) A person employing an unlicensed engineer shall immediately notify the department.

(4) An owner, renter, or user of boilers or steam machinery may not employ unlicensed engineers for more than 15 days in any 1 calendar year.
Mont. Code Ann. § 50-71-115 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-115
50-71-115 Applicability of standards -- exceptions
Status: in_force

50-71-115 . Applicability of standards -- exceptions. (1) The standards for safety and health and the enforcement rules adopted pursuant to this part apply to all public sector employers in this state and to public sector employees.

(2) The standards and enforcement rules adopted pursuant to this part do not apply to employment by:

(a) private sector employers;

(b) the federal government and its instrumentalities; or

(c) a federally recognized tribal government.
Mont. Code Ann. § 50-60-801 — MT Code / Title 50 / Chapter 60 / Part 8 / Section 50-60-801
50-60-801 Statement of policy on residential energy efficiency
Status: in_force

50-60-801 . Statement of policy on residential energy efficiency. The legislature finds that the people of Montana have an interest in energy efficiency in certain residential buildings for the purpose of protecting and improving their economic and environmental well-being and energy security, while recognizing the basic need for safe and affordable shelter. It is the policy of the state of Montana to encourage energy efficiency in residential buildings through strategies that ensure that:

(1) the housing consumer has access to the information required to make informed choices about structures and energy efficiency measures;

(2) energy efficiency measures are safe, reliable, and readily available for use in Montana;

(3) investments in energy efficiency measures are cost-effective;

(4) the cost of energy efficiency measures on the combination of down payments, monthly mortgage payments, and monthly utility bills does not adversely affect the affordability of housing to prospective home buyers and renters; and

(5) energy efficiency measures do not place an undue or inequitable burden on residential building owners or renters, the residential construction industry, financial institutions, real estate salespersons and appraisers, energy providers, or state and local governments.
Mont. Code Ann. § 50-16-204 — MT Code / Title 50 / Chapter 16 / Part 2 / Section 50-16-204
50-16-204 Restrictions on use or publication of information
Status: in_force

50-16-204 . Restrictions on use or publication of information. A utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment for research and statistical purposes. Neither a committee nor the members, agents, or employees of a committee shall disclose the name or identity of any patient whose records have been studied in any report or publication of findings and conclusions of a committee, but a committee and its members, agents, or employees shall protect the identity of any patient whose condition or treatment has been studied and may not disclose or reveal the name of any health care facility patient.
Mont. Code Ann. § 50-12-204 — MT Code / Title 50 / Chapter 12 / Part 2 / Section 50-12-204
50-12-204 Duties of council
Status: in_force

50-12-204 . Duties of council. The council shall advise the director of the department on ways to improve access to and quality of palliative care. At a minimum, the council shall:

(1) conduct an initial survey of palliative care services available in Montana;

(2) submit an initial report highlighting opportunities and challenges for palliative care, including recommendations on how to address both the opportunities and the challenges;

(3) advise the department on material for inclusion in the palliative care section of the website provided for in 50-12-205 ; and

(4) recommend priorities for pediatric palliative care and the availability and delivery of palliative care services in rural and underserved areas.
Mont. Code Ann. § 50-4-1003 — MT Code / Title 50 / Chapter 4 / Part 10 / Section 50-4-1003
50-4-1003 Definitions
Status: in_force

50-4-1003 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

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

(2) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female. An individual's gender may or may not align with the individual's sex.

(3) "Gender dysphoria" is the condition defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.

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

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

(6) "Mental health professional" means a person who is licensed to diagnose and treat mental health conditions in this state.

(7) "Minor" means an individual under 18 years of age.

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

(9) "Sex" means the organization of body parts and gametes for reproduction in human beings and other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, behavioral, social, cultural, chosen, or subjective experience of gender.

(10) "Social transitioning" means acts other than pharmaceutical or surgical interventions that are offered as treatment to a minor for the purpose of the minor presenting as the opposite sex or an identity other than the minor's sex, including the changing of a minor's preferred pronouns or dress and the recommendation to wear clothing or devices, such as binders, for the purpose of concealing a minor's secondary sex characteristics.
Mont. Code Ann. § 50-15-123 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-123
50-15-123 Preservation of vital records
Status: in_force

50-15-123 . Preservation of vital records. To preserve vital records, the department may prepare typewritten, photographic, electronic, or other reproductions of certificates, vital records, or reports kept by the department. The reproductions when certified and approved by the department must be accepted as the original records. The department shall maintain original vital records intact and in their original form on file at the department.
Mont. Code Ann. § 50-19-322 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-322
50-19-322 Federal and other aid
Status: in_force

50-19-322 . Federal and other aid. (1) The department may apply for and receive federal aid and other funding available for the MIAMI project.

(2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.
Mont. Code Ann. § 50-18-113 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-113
50-18-113 Violation a misdemeanor
Status: in_force

50-18-113 . Violation a misdemeanor. A person who violates provisions of this chapter or rules adopted by the department of public health and human services concerning a sexually transmitted disease or who fails or refuses to obey any lawful order issued by a state or local health officer is guilty of a misdemeanor.
Mont. Code Ann. § 50-52-208 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-208
50-52-208 Notification of and validation by local health officer
Status: in_force

50-52-208 . Notification of and validation by local health officer. (1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located.

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

(3) Failure of the local health officer to validate the license within 15 days after its receipt is a refusal.
Mont. Code Ann. § 50-31-110 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-110
50-31-110 Certain agricultural chemicals not color additives
Status: in_force

50-31-110 . Certain agricultural chemicals not color additives. Subsections (5) and (6) of 50-31-103 do not apply to a pesticide chemical, soil or plant nutrient, or other agricultural chemical that affects the color of produce of the soil, whether before or after harvest, solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil.
Mont. Code Ann. § 50-20-1007 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1007
50-20-1007 Right of intervention
Status: in_force

50-20-1007 . Right of intervention. The legislature may, by joint resolution, appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.
Mont. Code Ann. § 50-48-201 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-201
50-48-201 License required -- fees -- application
Status: in_force

50-48-201 . License required -- fees -- application. (1) A person operating an establishment shall procure an annual license from the appropriate regulatory authority having jurisdiction. For each annual license, the regulatory authority shall collect a fee established by rule pursuant to 50-48-103 or 50-48-203 .

(2) A separate license is required for each establishment operating on different premises.

(3) A person operating a multiple-type establishment shall procure separate licenses for body piercing and tattooing businesses.

(4) An application for a license must be made to the department on forms containing the information required by the department.

(5) Licenses are not transferable.
Mont. Code Ann. § 50-79-402 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-402
50-79-402 Emergency impoundment of materials
Status: in_force

50-79-402 . Emergency impoundment of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or who fails to observe the provisions of this chapter or any rules promulgated hereunder.
Mont. Code Ann. § 50-9-102 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-102
50-9-102 Definitions
Status: in_force

50-9-102 . Definitions. As used in this chapter, the following definitions apply:

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

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

(3) "Attending physician" means the physician selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient.

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

(5) "Declaration" means a document executed in accordance with the requirements of 50-9-103 .

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

(7) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency care providers, or other emergency services personnel acting within the ordinary course of their professions.

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

(9) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process.

(10) "Living will protocol" means a locally developed, communitywide method or a standardized, statewide method developed by the department and approved by the board, of providing palliative care to and withholding life-sustaining treatment from a qualified patient under 50-9-202 by emergency medical service personnel.

(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(12) "Physician" means an individual licensed under Title 37, chapter 3, to practice medicine in this state.

(13) "Qualified patient" means a patient 18 years of age or older who has executed a declaration in accordance with this chapter and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition.

(14) "Reliable documentation" means a standardized, statewide identification card or form or a necklace or bracelet of uniform design, adopted by a written, formal understanding of the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient.

(15) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

(16) "Terminal condition" means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time.
Mont. Code Ann. § 50-78-301 — MT Code / Title 50 / Chapter 78 / Part 3 / Section 50-78-301
50-78-301 Emergency and community information
Status: in_force

50-78-301 . Emergency and community information. (1) An employer shall comply with the provisions of the federal Emergency Planning and Community Right-to-Know Act of 1986 or be subject to the enforcement provisions thereof.

(2) The local fire chief must be permitted onsite inspection of hazardous chemicals in any workplace, including workplaces under the control of a state agency, for the purposes of planning fire department activities in case of an emergency and reviewing compliance with this chapter. For a workplace that employs fire safety personnel, the local fire chief shall consult with the responsible fire safety official to clarify respective roles and response procedures in the event of an emergency.

(3) As a result of an inspection, the local fire chief may note and report for possible action by the county attorney or other appropriate law enforcement official any violation by an employer of a provision of this chapter or any other law pertaining to hazardous chemicals or fire safety.

(4) The local fire chief shall consult at least annually on safety and emergency considerations with each person responsible for the operation of any research, educational, or testing laboratory workplace. The consultation may result in recommendations or, under the provisions of 50-62-102 , orders by the fire chief to be implemented by the laboratory operator to enhance public safety, to reduce the likelihood of emergency incidents, or to improve emergency response in the event of an accident. The person responsible for the operation of the laboratory shall contact the local fire chief at any time there is a significant change in the location or nature of the hazardous chemicals in the workplace, initiation of any new and potentially dangerous method of processing or reacting hazardous chemicals, or any other operational change affecting emergency response considerations.
Mont. Code Ann. § 50-53-216 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-216
50-53-216 Civil penalties -- other enforcement not barred
Status: in_force

50-53-216 . Civil penalties -- other enforcement not barred. (1) A person who violates a provision of part 1, this part, department rules implementing those sections, an order of the department, or any condition of a license issued by the department is subject to a civil penalty not to exceed $500 for each violation.

(2) An action for collection of a civil penalty under this section does not bar administrative enforcement under 50-53-212 , an action for injunctive relief under 50-53-104 , or enforcement under 50-53-109 .
Mont. Code Ann. § 50-2-123 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-123
50-2-123 Compliance order authorized
Status: in_force

50-2-123 . Compliance order authorized. (1) If a person refuses or neglects to comply with a written order of a state or local health officer within a reasonable time specified in the order, the state or local health officer may cause the order to be complied with and initiate an action to recover any expenses incurred from the person who refused or neglected to comply with the order. The action to recover expenses shall be brought in the name of the city or county.

(2) An order of compliance or action allowed pursuant to subsection (1) may not be initiated for an order that violates 50-2-116 (5) or 50-2-118 (3).
Mont. Code Ann. § 50-40-104 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-104
50-40-104 Smoking in enclosed public places prohibited -- notice to public -- places where prohibition inapplicable
Status: in_force

50-40-104 . Smoking in enclosed public places prohibited -- notice to public -- places where prohibition inapplicable. (1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.

(2) The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.

(3) The proprietor or manager of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus.

(4) The prohibition in subsection (1) does not apply to the following places, whether or not the public is allowed access to those places:

(a) a private residence unless it is used for any of the following purposes, in which case the prohibition in subsection (1) applies:

(i) a family day-care home or group day-care home, as defined in 52-2-703 and licensed pursuant to Title 52, chapter 2, part 7;

(ii) an adult foster care home, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5; or

(iii) a health care facility, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5;

(b) a private motor vehicle;

(c) school property in which smoking is allowed pursuant to the exception in 20-1-220 ;

(d) a hotel or motel room designated as a smoking room and rented to a guest; however, not more than 35% of the rooms available to rent to guests may be designated as smoking rooms; and

(e) a site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
Mont. Code Ann. § 50-20-712 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-712
50-20-712 Civil remedies and professional sanctions
Status: in_force

50-20-712 . Civil remedies and professional sanctions. (1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part:

(a) provides a basis for a civil malpractice action for actual and punitive damages;

(b) provides a basis for professional disciplinary action under Title 37 for the suspension or revocation of the license of a health care provider; and

(c) provides a basis for recovery for the woman's survivors for the wrongful death of the woman under 27-1-513 .

(2) Civil liability may not be imposed against the pregnant woman on whom the chemical abortion is attempted or performed.

(3) When requested, the court shall allow a woman to proceed using solely the woman's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman on whom the chemical abortion was attempted or performed.

(4) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.

(5) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
Mont. Code Ann. § 50-73-303 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-303
50-73-303 Nonpermissible internal-combustion engines
Status: in_force

50-73-303 . Nonpermissible internal-combustion engines. Nonpermissible internal-combustion engines or other machinery which gives off noxious fumes may not be permitted underground in any coal mine.
Mont. Code Ann. § 50-30-203 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-203
50-30-203 Banned hazardous substance defined
Status: in_force

50-30-203 . Banned hazardous substance defined. (1) "Banned hazardous substance" means:

(a) a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted; or

(b) a hazardous substance intended or packaged in a form suitable for use by the general public which the department by rule classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of the substance by the general public is such that the objective of the protection of the public health and safety can be adequately served only by keeping the substance, when so intended or packaged, out of the channels of commerce.

(2) The department by rule shall exempt from subsection (1)(a) of this section articles such as chemical sets which, by reason of their functional purpose, require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed the directions and warnings.

(3) Proceedings for the issuance, amendment, or repeal of rules under subsections (1)(b) and (2) of this section shall be governed by the provisions of 50-30-219 and 50-30-220 .
Mont. Code Ann. § 50-37-104 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-104
50-37-104 Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit
Status: in_force

50-37-104 . Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit. (1) Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105 . At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least 4 inches in height where customers are most likely to read it.

(2) Before a fireworks wholesaler may lawfully possess for sale, offer for sale, or sell within the state the permissible fireworks enumerated in 50-37-105 , the wholesaler shall obtain a fireworks wholesaler permit from the department of labor and industry.

(3) A person making application for a fireworks wholesaler permit shall:

(a) pay an application fee to the department of labor and industry, which must be set by the department of labor and industry commensurate with costs; and

(b) furnish proof under oath, on a form provided by the department, that person:

(i) is at least 18 years of age;

(ii) is of good moral character; and

(iii) has not been convicted of a crime involving the use, possession, or sale of fireworks.

(4) The department of labor and industry shall adopt rules implementing this section.
Mont. Code Ann. § 50-16-201 — MT Code / Title 50 / Chapter 16 / Part 2 / Section 50-16-201
50-16-201 Definitions
Status: in_force

50-16-201 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. The term includes all subsequent evaluations and analysis of an untoward event, including any opinions or conclusions of a reviewer.

(b) The term does not include:

(i) incident reports or occurrence reports; or

(ii) health care information that is used in whole or in part to make decisions about an individual who is the subject of the health care information.

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

(3) (a) "Incident report" or "occurrence report" means a written business record of a health care facility that:

(i) may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

(ii) is a factual rendition of the event.

(b) The terms do not include any subsequent evaluation of the event created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee, regardless of whether or not the subsequent evaluation of the event occurred in response to an incident report or occurrence report. The creation of an incident report or occurrence report is not a condition precedent for a subsequent evaluation of an event, and any subsequent evaluation of an event remains privileged and confidential pursuant to this part, regardless of the creation of an incident report or occurrence report.

(4) "Medical practitioner" means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203 .
Mont. Code Ann. § 50-19-102 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-102
50-19-102 Duties of department
Status: in_force

50-19-102 . Duties of department. (1) The department shall provide all necessary printing and pay all necessary expenses relative to administration of this part.

(2) Reasonable rules for reports to be submitted by any laboratory making tests and the manner of furnishing the reports to the health care provider and the state must be adopted by the department.

(3) The department may use information derived from reports of positive tests for sexually transmitted diseases or hepatitis B surface antigen for followup procedures required by law or considered necessary by the department for the protection of public health.
Mont. Code Ann. § 50-53-214 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-214
50-53-214 Return of license for alteration or destruction
Status: in_force

50-53-214 . Return of license for alteration or destruction. Upon cancellation of a license or the right to operate one or more public swimming pools under a single license for the premises, the operator of the public swimming pool shall return the license to the department for destruction of the license or deletion of the listing of the public swimming pool affected by the cancellation. Cancellation by the department of a license to operate a public swimming pool is effective notwithstanding the refusal or failure of an operator to return the license to the department.
Mont. Code Ann. § 50-60-119 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-119
50-60-119 Building code section to be provided -- department penalty
Status: in_force

50-60-119 . Building code section to be provided -- department penalty. (1) If the department or local building department delays the issuance of a building permit beyond the standard review period of a complete application, or stops work on a construction project because of noncompliance with the state building code adopted pursuant to 50-60-203 or a building code adopted by a county, city, or town pursuant to 50-60-301 , the person applying for a permit or constructing the project may request in writing or electronically that the department or local building department provide the person with the text or citation of the specific sections of the building code applicable to the permit application or construction project that the department or local building department is relying on to cause the delay of the permit application or the stoppage of the construction project.

(2) If a project also requires zoning, subdivision, or other approval, the department or local building department may require those reviews to be completed before determining a building application is complete.

(3) The department or local building department shall provide the text or citations requested under subsection (1) within 7 business days.

(4) If the department or local building department does not respond to the request in accordance with subsection (3), it shall pay to the requesting party a sum of $50 for each day beyond the required response period until the text or citation is provided to the requesting party.

(5) (a) A person aggrieved by delays associated with the failure to provide the text or citation of the specific sections of the building code as required under subsection (1) may also file a civil action in district court for appropriate relief, including any compensatory damages.

(b) The prevailing party is entitled to reasonable court costs and attorney fees.
Mont. Code Ann. § 50-73-202 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-202
50-73-202 Map of the surface
Status: in_force

50-73-202 . Map of the surface. Every map or plan or, at the option of the operator, a separate map shall show the surface boundary lines contiguous to the workings and pertaining to each mine, all section or quarter-section lines and corners, town lots and streets, the tracts and side tracts of all railroads, the location of all wagon roads, rivers, streams, ponds, buildings, landmarks, and principal objects on the surface within the boundary lines; and in all cases, if of an underground mine, it shall be drawn on a transparency so that it can be laid upon the map of the underground workings and indicate the relative location of the lines and objects on the surface to the excavations of the mine.
Mont. Code Ann. § 50-72-210 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-210
50-72-210 Actions or decisions under part to be taken as rapidly as possible
Status: in_force

50-72-210 . Actions or decisions under part to be taken as rapidly as possible. In view of the urgent need for prompt decisions of matters submitted to the department under this part, all actions which the department or its authorized representatives are required to take under this part shall be taken as rapidly as practical, consistent with adequate consideration of the issues involved.
Mont. Code Ann. § 50-61-102 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-102
50-61-102 Department of justice to administer chapter
Status: in_force

50-61-102 . Department of justice to administer chapter. (1) The department of justice has general charge and supervision of the enforcement of this chapter, and the officers enumerated in 50-61-114 shall act under its general charge and supervision, shall assist the department in giving effect to this chapter, and are subject to its direction and the rules adopted under 50-3-102 and 50-3-103 for the enforcement of 50-61-120 , 50-61-121 , and this chapter.

(2) Upon its approval of a fire code and a plan for enforcement of the code filed by a municipality or other governmental fire agency organized under Title 7, chapter 33, the department may approve a municipal or governmental fire agency fire inspection program for local enforcement.
Mont. Code Ann. § 50-73-408 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-408
50-73-408 Procedure when notice of violations disregarded
Status: in_force

50-73-408 . Procedure when notice of violations disregarded. (1) If the notice provided for in 50-73-407 is disregarded, the department may stop immediately the working and operation of any mine or any part thereof where any dangerous or unlawful conditions are found.

(2) However, where conditions justify the department in so doing, it may grant a reasonable length of time for making repairs or for putting the mine in proper condition, but the number of workers employed in the mine or in the section of the mine involved shall be limited to those necessary to correct the unsafe condition.

(3) Where any stops or cessation of work is enforced, the department may thereafter allow the mine or part of a mine to be reopened when the dangerous or unlawful conditions existing there are removed or remedied so that they no longer exist.
Mont. Code Ann. § 50-5-235 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-235
50-5-235 Hourly limitation waivable by department or department's designee
Status: in_force

50-5-235 . Hourly limitation waivable by department or department's designee. The department or the department's designee may waive the 24-hour limitation related to recovery care beds, as defined in 50-5-101 , as that limitation applies to a particular bed, if the attending physician of the individual occupying the bed determines that the waiver is medically appropriate. The waiver may be granted by the department before or after the 24-hour limitation is exceeded.
Mont. Code Ann. § 50-20-509 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-509
50-20-509 Procedure for judicial waiver of consent
Status: in_force

50-20-509 . Procedure for judicial waiver of consent. (1) The requirements and procedures under this section are available to minors whether or not they are residents of this state.

(2) A minor may petition the youth court for a waiver of the requirement for consent and may participate in the proceedings on the minor's own behalf. The petition must include a statement that the minor is pregnant and is not emancipated. The court may appoint a guardian ad litem for the minor. A guardian ad litem is required to maintain the confidentiality of the proceedings. The youth court shall advise the minor of the right to assigned counsel and shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel upon request.

(3) Proceedings under this section are confidential and must ensure the anonymity of the minor. All proceedings under this section must be sealed. The minor may file the petition using a pseudonym or using the minor's initials. All documents related to the petition and the proceedings on the petition are confidential and are not available to the public. The proceedings on the petition must be given preference over other pending matters to the extent necessary to ensure that the court reaches a prompt decision. The court shall issue written findings of fact and conclusions of law and rule within 48 hours of the time that the petition is filed unless the time is extended at the request of the minor. If the court fails to rule within 48 hours and the time is not extended, the petition is granted and the requirement for consent is waived.

(4) If the court finds that the minor is competent to decide whether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian.

(5) The court shall issue an order authorizing the minor to consent to an abortion without the consent of a parent or legal guardian if the court finds that:

(a) there is evidence of physical abuse, sexual abuse, or emotional abuse of the minor by one or both parents, a legal guardian, or a custodian; or

(b) the consent of a parent or legal guardian is not in the best interests of the minor.

(6) If the court does not make a finding specified in subsection (4) or (5), the court shall dismiss the petition.

(7) A court that conducts proceedings under this section shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence, findings, and conclusions be maintained.

(8) The supreme court may adopt rules providing an expedited confidential appeal by a minor if the youth court denies a petition. An order authorizing an abortion without the consent of a parent or legal guardian is not subject to appeal.

(9) Filing fees may not be required of a minor who petitions a court for a waiver of the requirement for consent or who appeals a denial of a petition.
Mont. Code Ann. § 50-16-703 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-703
50-16-703 Notification of precautions after exposure to infectious disease
Status: in_force

50-16-703 . Notification of precautions after exposure to infectious disease. (1) After a patient is transported to a health care facility and if a physician determines that the transported patient has an infectious disease, the physician shall inform the infectious disease control officer of the health care facility of the determination within 24 hours after the determination is made.

(2) If it is determined that the infectious disease is airborne or a report of exposure was filed concerning the patient under 50-16-702 , the health care facility shall provide the notification required by subsection (3) orally within 48 hours after the time of diagnosis and in writing within 72 hours after diagnosis to the designated officer of each emergency services organization known to the health care facility to have provided emergency services to the patient prior to or during transportation to the health care facility.

(3) The notification must state the disease to which the emergency services provider was exposed, the appropriate medical precautions and treatment that the exposed person needs to take, the date on which the patient was transported to the health care facility, and the time that the patient arrived at the facility.
Mont. Code Ann. § 50-5-706 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-706
50-5-706 Noninterference with care or discharge
Status: in_force

50-5-706 . Noninterference with care or discharge. Nothing in this part shall delay or otherwise affect:

(1) the medical care provided to the patient; or

(2) an appropriate discharge or transfer of the patient.
Mont. Code Ann. § 50-32-604 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-604
50-32-604 Statewide standing orders for opioid antagonist
Status: in_force

50-32-604 . Statewide standing orders for opioid antagonist. (1) The state medical officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients.

(2) A standing order must specify, at a minimum:

(a) the opioid antagonist formulations and means of administration that are approved for dispensing;

(b) the eligible recipients to whom the opioid antagonist may be dispensed;

(c) any training that is required for an eligible recipient to whom the opioid antagonist is dispensed;

(d) the circumstances under which an eligible recipient may distribute or administer the opioid antagonist; and

(e) the timeline for renewing and updating the standing order.
Mont. Code Ann. § 50-15-412 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-412
50-15-412 Cause of death -- sudden infant death syndrome
Status: in_force

50-15-412 . Cause of death -- sudden infant death syndrome. When the coroner's findings are consistent with sudden infant death syndrome, the coroner may state on the death certificate that sudden infant death syndrome was the cause of death.
Mont. Code Ann. § 50-6-315 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-315
50-6-315 County attorney to prosecute violations
Status: in_force

50-6-315 . County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person violating this part or any rule of the department or order issued by the department.
Mont. Code Ann. § 50-20-1006 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1006
50-20-1006 Construction
Status: in_force

50-20-1006 . Construction. (1) This part may not be construed to:

(a) create or recognize a right to abortion or a right to government funding of abortion;

(b) alter generally accepted medical standards; or

(c) make lawful an abortion that is otherwise unlawful.

(2) The right of individual privacy as referenced in the Montana constitution, the Montana Code Annotated, or the Administrative Rules of Montana does not create, and may not be construed as creating or recognizing, a right to abortion or to governmental funding of abortion.
Mont. Code Ann. § 50-19-107 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-107
50-19-107 Required and permissible exhibit of test results
Status: in_force

50-19-107 . Required and permissible exhibit of test results. The report of the results of the test certified by the laboratory must be exhibited by the health care provider to the patient. Upon request of the patient, the report of the results of the test may be exhibited to the spouse of the patient, or if the patient is a minor, report of the results of the test may be exhibited to the minor's parents or to the minor's legal guardian.
Mont. Code Ann. § 50-60-102 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-102
50-60-102 Applicability -- local government energy conservation standards
Status: in_force

50-60-102 . Applicability -- local government energy conservation standards. (1) Except as provided in subsection (5), the state building code, as defined in 50-60-203 (3), does not apply to:

(a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size used only for the owner's own use, located within a county, city, or town, unless the local legislative body by ordinance or resolution makes the state building code applicable to these structures;

(b) mines and buildings on mine property regulated under Title 82, chapter 4, and subject to inspection under the Federal Mine Safety and Health Act;

(c) petroleum refineries and pulp and paper mills, except a structure classified under chapter 7, section 701, group B, division 2, and chapter 9, section 901, group H, outside of process units, of the 1991 edition of the Uniform Building Code;

(d) industrial process piping, vessels, and equipment and process-related structures located outside of another structure occupied on a regular basis by employees or the public; or

(e) traffic control signals, street lighting, traffic control signs, and other traffic control devices.

(2) Except as provided in subsection (5), the state may not enforce the state building code under 50-60-205 for the buildings and equipment referred to in subsection (1). A county, city, or town that has made the state building code applicable to the buildings referred to in subsection (1) may enforce within the area of its jurisdiction the state building code as adopted by the county, city, or town.

(3) When good and sufficient cause exists, a written request for limitation of the state building code may be filed with the department for filing as a permanent record.

(4) The department may limit the application of any rule or portion of the state building code to include or exclude:

(a) specified classes or types of buildings according to use or other distinctions as may make differentiation or separate classification or regulation necessary, proper, or desirable; or

(b) specified areas of the state based on size, population density, special conditions prevailing in the area, or other factors that make differentiation or separate classification or regulation necessary, proper, or desirable.

(5) (a) Subject to subsection (6), for purposes of promoting the energy efficiency of home design and operation, the provisions of the state building code relating to energy conservation adopted pursuant to 50-60-203 (1) apply to residential buildings, except:

(i) farm and ranch buildings; and

(ii) any private garage or private storage structure attached to a residential building and used only for the owner's own use.

(b) Subject to subsection (6), the provisions of the state building code relating to energy conservation in residential buildings are enforceable:

(i) by the department only for those residential buildings containing five or more dwelling units or otherwise subject to the state building code; and

(ii) through the builder self-certification program provided for in 50-60-802 for those residential buildings containing less than five dwelling units and not otherwise subject to the state building code.

(6) (a) A county, city, or town with a building code enforcement program may, as part of its building code or by town ordinance or resolution, adopt voluntary energy conservation standards for new construction for the purpose of providing incentives to encourage voluntary energy conservation. The incentive-based standards adopted may exceed any applicable energy conservation standards contained in the state building code.

(b) New construction is not required to meet local standards that exceed state energy conservation standards unless the building contractor elects to receive a local incentive.
Mont. Code Ann. § 50-53-211 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-211
50-53-211 Denial, suspension, or cancellation of license -- multiple pool facility
Status: in_force

50-53-211 . Denial, suspension, or cancellation of license -- multiple pool facility. (1) The department may deny, suspend, or cancel a license if it finds that the license applicant or licensee has violated part 1, this part, or department rules and has failed or refused to remedy or correct the violation in accordance with the procedure provided in 50-53-213 .

(2) If the license of an operator who operates more than one public swimming pool under one license is denied, suspended, or canceled, the use of all of the public swimming pools on the premises must cease unless the department determines that the violation for which the license was denied, suspended, or canceled does not affect the operation or the use of all of the public swimming pools on the premises.
Mont. Code Ann. § 50-5-501 — MT Code / Title 50 / Chapter 5 / Part 5 / Section 50-5-501
50-5-501 Definitions
Status: in_force

50-5-501 . Definitions. As used in this part:

(1) "person" includes one or more individuals, partnerships, associations, and corporations;

(2) "sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity.
Mont. Code Ann. § 50-15-402 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-402
50-15-402 Copy to be forwarded to deceased's county of residence
Status: in_force

50-15-402 . Copy to be forwarded to deceased's county of residence. If a state resident dies outside the county of residence, the clerk and recorder shall send a certified copy of the death certificate to the clerk and recorder of the deceased's county of residence. The copy must be considered the same as the original.
Mont. Code Ann. § 50-4-703 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-703
50-4-703 Rulemaking authority
Status: in_force

50-4-703 . Rulemaking authority. The commissioner and the attorney general may adopt rules to carry out this part, including rules that:

(1) specify the form and content of the written notice, required documents, and supplemental information;

(2) develop procedures under which proprietary business information and trade secrets are protected from public disclosure for the purposes of 50-4-708 to the extent allowed by law; and

(3) establish hearing and appeal procedures.
Mont. Code Ann. § 50-16-502 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-502
50-16-502 Legislative findings
Status: in_force

50-16-502 . Legislative findings. The legislature finds that:

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

(2) patients need access to their own health care information as a matter of fairness, to enable them to make informed decisions about their health care and to correct inaccurate or incomplete information about themselves;

(3) in order to retain the full trust and confidence of patients, health care providers have an interest in ensuring that health care information is not improperly disclosed and in having clear and certain rules for the disclosure of health care information;

(4) persons other than health care providers obtain, use, and disclose health record information in many different contexts and for many different purposes. It is the public policy of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even when the information is held by persons other than health care providers.

(5) the movement of patients and their health care information across state lines, access to and exchange of health care information from automated data banks, and the emergence of multistate health care providers creates a compelling need for uniform law, rules, and procedures governing the use and disclosure of health care information.

(6) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., require health care providers subject to that legislation to provide significant privacy protection for health care information and the provisions of this part are no longer necessary for those health care providers; and

(7) because the provisions of HIPAA do not apply to some health care providers, it is important that these health care providers continue to adhere to this part.
Mont. Code Ann. § 50-1-210 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-210
50-1-210 Licensing of laboratories
Status: in_force

50-1-210 . Licensing of laboratories. (1) To authorize a laboratory to submit analyses and reports to the department of environmental quality under Title 75, chapter 6, part 1, the department shall issue a license to any laboratory that intends to conduct analysis of public water supply systems and that files a license application, on a form furnished by the department, demonstrating that it meets the criteria for licensing established by department rules.

(2) A person aggrieved by a decision of the department to grant, deny, or revoke a license may appeal the decision under the contested case provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-73-414 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-414
50-73-414 Requirements as to findings, notices, and orders
Status: in_force

50-73-414 . Requirements as to findings, notices, and orders. (1) Findings and orders issued under this chapter shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard and a description of the area of the mine throughout which persons must be withdrawn and excluded.

(2) Each finding made and notice or order issued by the department shall be given promptly to the operator of the mine to which it pertains, and all the findings, orders, and notices shall be in writing and shall be signed by the department inspector making them.
Mont. Code Ann. § 50-16-1003 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1003
50-16-1003 Definitions
Status: in_force

50-16-1003 . Definitions. As used in this part, the following definitions apply:

(1) "AIDS" means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U.S. department of health and human services, centers for disease control and prevention.

(2) "Antiretroviral prophylaxis" means a specific drug regime preventing mother-to-child transmission of HIV infections.

(3) "Contact" means a person who has been exposed to the test subject in a manner, voluntary or involuntary, that may allow HIV transmission in accordance with modes of transmission recognized by the U.S. department of health and human services, centers for disease control and prevention.

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

(5) "Health care facility" means a health care institution, private or public, including but not limited to a hospital, nursing home, clinic, blood bank, blood center, sperm bank, or laboratory.

(6) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state or who is licensed, certified, or otherwise authorized by the laws of another state to provide health care in the ordinary course of business or practice of a profession. The term does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices.

(7) "HIV" means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired.

(8) "HIV-related condition" means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV.

(9) "HIV diagnostic test" means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV.

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

(11) "Person" means an individual, corporation, organization, or other legal entity.

(12) "Rapid HIV diagnostic test" means a federally approved test designed to assist in time-sensitive diagnosis of HIV infections.
Mont. Code Ann. § 50-16-607 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-607
50-16-607 Duties of department during public health emergency
Status: in_force

50-16-607 . Duties of department during public health emergency. (1) If the governor has declared a state of emergency pursuant to 10-3-303 that is considered a public health emergency, the department shall make, at minimum, a twice weekly disclosure of health information in accordance with the confidentiality requirements of 50-16-603 on the department's website and any other means considered necessary to communicate to the public the total number of individuals:

(a) hospitalized in the state due to conditions, diagnoses, or other impacts to an individual's health that have been identified by the governor as a basis for the public health emergency; and

(b) who have died as a result of conditions, diagnoses, or other impacts to an individual's health that have been identified by the governor as a basis for the public health emergency.

(2) Except as provided in subsection (3), for each category identified in subsections (1)(a) and (1)(b) the department shall disclose:

(a) the number of individuals within the following age cohorts:

(i) 0 to 4;

(ii) 5 to 17;

(iii) 18 to 34;

(iv) 35 to 49;

(v) 50 to 64; and

(vi) 65 and older;

(b) the gender of individuals;

(c) any period of hospitalization of the individuals related to the conditions, diagnoses, or other impacts to an individual's health that have been identified by the governor as a basis for the public health emergency;

(d) the date of death, if applicable;

(e) underlying conditions, if any, that may have contributed to the hospitalization or death of the individuals; and

(f) if not disclosed pursuant to subsection (2)(e), for individuals who have died during the time period for which the department is disclosing the information required in this section, personal characteristics or conditions of the individuals that may be causally connected to mortality or morbidity known to be associated with the public health emergency.

(3) If disclosure of the information required by subsection (2) would compromise privacy, the department may alter how it reports the information, including age cohort groupings, or not disclose the information.
Mont. Code Ann. § 50-33-102 — MT Code / Title 50 / Chapter 33 / Part 1 / Section 50-33-102
50-33-102 Furnishing of blood, blood products, and human tissue, organs, or bones declared service and not sale
Status: in_force

50-33-102 . Furnishing of blood, blood products, and human tissue, organs, or bones declared service and not sale. The furnishing of and the injecting, transfusing, transplanting, or transferring into the human body of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones by a hospital, long-term care facility, or doctor of any such substances obtained from any source which said hospital, long-term care facility, or doctor is not directly or indirectly financially interested in or has any control over is hereby declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones for any purpose.
Mont. Code Ann. § 50-43-105 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-105
50-43-105 Health care facility immunity
Status: in_force

50-43-105 . Health care facility immunity. No health care facility or employee thereof may be held liable for the administration of calcium-EAP, harnosal, or phosetamin to any person.
Mont. Code Ann. § 50-60-213 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-213
50-60-213 Accessible exterior routes -- exceptions
Status: in_force

50-60-213 . Accessible exterior routes -- exceptions. (1) Except as provided in subsection (6), for a public building, an accessible exterior route must be provided from public transportation stops located within the boundary of the building site, from accessible parking and accessible passenger loading zones within the boundaries of the building site, and from public sidewalks that are immediately adjacent to the building site, if sidewalks exist, to the building's accessible entrance served by the transportation stops, parking and loading zones, or sidewalks.

(2) (a) When more than one public building is located on a site, at least one accessible exterior route must connect accessible elements, facilities, and buildings that are on the site.

(b) For the purposes of 50-60-214 and this section, "element" means an architectural or mechanical component of a public building, facility, space, or site and includes but is not limited to telephones, curb ramps, doors, drinking fountains, seating, and water closets.

(3) An accessible exterior route between accessible public parking and an accessible building entrance must be the most practical direct route.

(4) (a) A person or entity constructing a public building is not required to fully comply with the provisions of this section if the person can demonstrate that due to characteristics of the terrain, it is structurally impractical to fully comply.

(b) Full compliance may be considered structurally impractical only in those rare circumstances when the unique characteristics of the terrain prevent the incorporation of accessibility features.

(c) The person or entity shall comply with the provisions of this section to the extent that compliance is not structurally impractical.

(d) The department shall adopt rules to assist all interested parties involved in the design, construction, and inspection processes in determining structural impracticality.

(5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.

(b) An accessible exterior route with a suitably firm, stable, and slip-resistant surface must be provided from the designated parking spaces to an accessible building or facility entrance.

(c) The total number of designated accessible parking spaces in a parking lot or area must be the number provided for in the applicable state building code or county, city, or town building code.

(6) An accessible route is not required in cases where there is not a pedestrian route for the general public.

(7) The state, counties, cities, and towns shall use the same accessibility standards.
Mont. Code Ann. § 50-42-104 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-104
50-42-104 Health care facility nonliability
Status: in_force

50-42-104 . Health care facility nonliability. No hospital, health care facility, pharmacy, or employee thereof shall be held liable for the administration of DMSO to any person at the direction of a physician licensed in Montana.
Mont. Code Ann. § 50-51-115 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-115
50-51-115 Emergency lodging -- liability for damages
Status: in_force

50-51-115 . Emergency lodging -- liability for damages. (1) An individual who is provided with emergency lodging under 50-51-114 is liable for damages caused to the property during the individual's stay.

(2) If the individual is unable to pay for damages caused to the property, the designated charitable organization that referred the individual for emergency lodging is responsible for the cost of the damages.
Mont. Code Ann. § 50-16-818 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-818
50-16-818 Good faith
Status: in_force

50-16-818 . Good faith. A person authorized to act as a health care representative for an individual with respect to the individual's health care information shall act in good faith to represent the best interests of the individual.
Mont. Code Ann. § 50-60-901 — MT Code / Title 50 / Chapter 60 / Part 9 / Section 50-60-901
50-60-901 Purpose -- rulemaking
Status: in_force

50-60-901 . Purpose -- rulemaking. (1) The purpose of this part is to provide specific rulemaking authority to the department of labor and industry for the purposes of 76-3-504 (1)(e).

(2) By October 1, 2009, the department shall adopt rules identifying appropriate construction techniques that may be used by a local government in mitigation of identified fire hazards pursuant to 76-3-504 (1)(e). Rules adopted under this section may not be construed to be part of the state building code as provided in 50-60-203 . The adoption, amendment, or repeal of a rule under this section is of significant public interest for the purposes of 2-3-103 .
Mont. Code Ann. § 50-30-303 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-303
50-30-303 Department and county attorney to prosecute violations
Status: in_force

50-30-303 . Department and county attorney to prosecute violations. It is the duty of the department or the county attorney to whom the department reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Mont. Code Ann. § 50-5-1301 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1301
50-5-1301 Definitions
Status: in_force

50-5-1301 . Definitions. As used in this part, the following definitions apply:

(1) "Adult" means any person 18 years of age or older.

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

(3) "Attending health care provider" means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.

(4) "Decisional capacity" means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment.

(5) "Health care facility" means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101 .

(6) "Health care provider" means any individual licensed or certified by the state to provide health care.

(7) "Interested person" means a patient's:

(a) spouse;

(b) parent;

(c) adult child, sibling, or grandchild; or

(d) close friend.

(8) "Medical proxy decisionmaker" means a physician or advanced practice registered nurse designated by the attending health care provider.

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

(10) "Physician assistant" means an individual licensed pursuant to Title 37, chapter 20.

(11) (a) "Lay proxy decisionmaker" means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity.

(b) The term does not include the patient's attending health care provider.

(12) "Trusted decisionmaker" means an individual designated by a patient under 50-5-1310 to make health care decisions on the patient's behalf.
Mont. Code Ann. § 50-6-104 — MT Code / Title 50 / Chapter 6 / Part 1 / Section 50-6-104
50-6-104 Interdepartmental cooperation required
Status: in_force

50-6-104 . Interdepartmental cooperation required. The department of public health and human services, the department of labor and industry, and other interested departments or divisions shall develop in writing a mutually agreeable plan of cooperation so that governmental efforts are not duplicated and governmental resources are applied on a reasonable priority basis.
Mont. Code Ann. § 50-60-711 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-711
50-60-711 Inspections -- fees -- exception
Status: in_force

50-60-711 . Inspections -- fees -- exception. (1) Except as provided in subsection (2), all elevators, escalators, dumbwaiters, or other equipment subject to the provisions of this part, including freight elevators, must be inspected by the department to ensure compliance with the requirements of the applicable building code and this part. The department shall establish and charge a reasonable fee based on the type of equipment being inspected that may not exceed the expense of providing the inspection. Inspections must be made on an annual basis, except that freight elevator inspections must be conducted every 2 years.

(2) (a) In lieu of an inspection by the department, inspections of equipment provided for in subsection (1) may be made by a licensed elevator inspector.

(b) When an inspection is made by an elevator inspector, a copy of the condition report must be provided to the owner and a copy must be sent to the department. The department may not charge more than $10 for receiving and processing a condition report for each individual piece of equipment in a building and for issuing a certificate of inspection for the piece of equipment if the licensed elevator inspector doing the inspection certifies to the department that there are not any deficient conditions or that all deficient conditions noted in the condition report have been corrected and that a followup inspection by the department is not necessary.

(3) It is the responsibility of the owner or lessee of equipment subject to the provisions of this section to ensure compliance with any inspection requirements.
Mont. Code Ann. § 50-5-216 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-216
50-5-216 Limitation on care provided in adult foster care home
Status: in_force

50-5-216 . Limitation on care provided in adult foster care home. (1) Except as provided in this section, the types of care offered by adult foster care homes are limited to light personal care or custodial care and may not include skilled nursing care.

(2) An adult foster care home may be licensed to provide care for an adult receiving state-funded services through the developmental disabilities program of the department or for an adult who resided in the home before reaching 18 years of age, even though the adult is:

(a) in need of skilled nursing care;

(b) in need of medical, physical, or chemical restraint;

(c) nonambulatory or bedridden;

(d) incontinent to the extent that bowel or bladder control is absent; or

(e) unable to self-administer medications.

(3) An adult foster care home that applies for a license under subsection (2) shall provide the department with a copy of the statement required in subsection (4).

(4) A resident of an adult foster care home licensed under subsection (2) must have a certification in the form of a signed statement, renewed on an annual basis, from a physician, a physician assistant, a nurse practitioner, or a registered nurse, whose work is unrelated to the operation of the home and who has actually visited the home within the year covered by the statement and certifies that:

(a) the services available to the resident in the home or in the community, or services that may be brought into the home from the community, including nursing services or therapies, are appropriate for meeting the health care or other needs of the resident; and

(b) the health care status of the resident does not necessitate placing the resident in a more intensive residential service setting.

(5) As used in this section, "skilled nursing care" means 24-hour care supervised by a registered nurse or a licensed practical nurse under the orders of an attending physician.
Mont. Code Ann. § 50-32-405 — MT Code / Title 50 / Chapter 32 / Part 4 / Section 50-32-405
50-32-405 Violation -- penalties
Status: in_force

50-32-405 . Violation -- penalties. (1) A person commits the offense of failure to report distribution of a precursor to a controlled substance if the person purposely or knowingly fails to report the sale, transfer, or other furnishing of a substance regulated by 50-32-401 .

(2) A person convicted of failing to report the distribution of a precursor to a controlled substance shall be fined not more than $10,000 or be imprisoned in the state prison for not more than 10 years, or both.
Mont. Code Ann. § 50-60-404 — MT Code / Title 50 / Chapter 60 / Part 4 / Section 50-60-404
50-60-404 Enforcement of building construction standards for modular homes
Status: in_force

50-60-404 . Enforcement of building construction standards for modular homes. (1) The provisions of this chapter apply to factory-built modular or prebuilt homes or buildings.

(2) A county, city, or town may regulate the construction of factory-built modular or prebuilt homes or buildings as provided in 50-60-106 if:

(a) the homes or buildings are constructed inside the jurisdiction of the county, city, or town;

(b) the homes or buildings are sold primarily to persons in the county in which the factory is located;

(c) the factory does not manufacture more than 100 homes or buildings a year; and

(d) the county, city, or town has an agency or officer assigned to inspect and enforce building construction standards.

(3) Inspection and enforcement approval given by a county, city, or town under this section may be recognized and accepted by any other county, city, or town of the state to which the factory-built home or building is transported for final installation. Additional inspections need not be conducted.
Mont. Code Ann. § 50-74-320 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-320
50-74-320 Examinations -- fees -- third parties
Status: in_force

50-74-320 . Examinations -- fees -- third parties. (1) The department shall administer the engineer examinations at least once every 3 months at places within the state as determined by the department.

(2) The department shall determine 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 provide examination and grading services.
Mont. Code Ann. § 50-71-204 — MT Code / Title 50 / Chapter 71 / Part 2 / Section 50-71-204
50-71-204 Definitions
Status: in_force

50-71-204 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Employee" and "worker" have the meanings provided in 39-71-118 .

(2) "Employer" has the meaning provided in 39-71-117 .
Mont. Code Ann. § 50-5-108 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-108
50-5-108 Injunction
Status: in_force

50-5-108 . Injunction. The department may bring an action for injunction or other process against any person to:

(1) restrain a facility from engaging in a prohibited activity that is endangering the health, safety, or welfare of any individual under the care of the facility;

(2) enjoin a violation of part 1 or 2 of this chapter, or a violation of a rule, license provision, or order adopted or issued pursuant to part 1 or 2; or

(3) require compliance with part 1 or 2 of this chapter or compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
Mont. Code Ann. § 50-50-101 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-101
50-50-101 Purpose of regulation
Status: in_force

50-50-101 . Purpose of regulation. Regulation required under this chapter is intended to prevent and eliminate conditions and practices that endanger public health.
Mont. Code Ann. § 50-72-106 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-106
50-72-106 Safety and industrial health consultation services authorized -- recovery of expenses
Status: in_force

50-72-106 . Safety and industrial health consultation services authorized -- recovery of expenses. (1) The department may provide onsite safety and industrial health consultation services to mine operators that request onsite safety and industrial health consultation services.

(2) The department may not charge for the consultation provided by this section, but it may recover from the mine operator the cost of test kits, sampling media, associated laboratory fees, and other reasonable expenses incurred during the consultation.

(3) Expenses recovered pursuant to subsection (2) must be deposited into the occupational safety and health administration fund provided for in 50-71-128 .
Mont. Code Ann. § 50-5-247 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-247
50-5-247 Licensure of eating disorder centers -- rulemaking -- definition
Status: in_force

50-5-247 . Licensure of eating disorder centers -- rulemaking -- definition. (1) The department shall license eating disorder centers that provide intensive outpatient or partial hospitalization programs for individuals with eating disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.

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

(a) patient-to-staff ratios;

(b) the treatment services that must be available on site or through arrangements with other health care facilities, including crisis and hospital services; and

(c) license and inspection fees. Fees must be reasonably related to service costs.

(3) The rules may not establish requirements that are more stringent than standards established by accrediting entities approved by the U.S. centers for medicare and medicaid services for accreditation of behavioral health care organizations that provide care for individuals with eating disorders.

(4) For the purposes of this section, "partial hospitalization program" means an active treatment program that offers therapeutically intensive, coordinated, structured treatment services to individuals who have been diagnosed with an eating disorder. Services include day, evening, night, and weekend treatment programs that use an integrated, comprehensive, and complementary schedule of recognized treatment or therapeutic activities.
Mont. Code Ann. § 50-74-105 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-105
50-74-105 Purchaser to notify department of purchase
Status: in_force

50-74-105 . Purchaser to notify department of purchase. (1) Any person purchasing any boiler, whether traction or stationary, not exempted by the provisions of 50-74-103 shall, within 10 days after such purchase, report the fact of such purchase to the department and shall notify the department as to where the boiler will be installed and operated.

(2) Any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.
Mont. Code Ann. § 50-42-103 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-103
50-42-103 Hospital not to interfere
Status: in_force

50-42-103 . Hospital not to interfere. A hospital or health care facility may not interfere with the physician-patient relationship by restricting or forbidding the use of DMSO when requested by a patient and prescribed or administered by a physician.
Mont. Code Ann. § 50-4-902 — MT Code / Title 50 / Chapter 4 / Part 9 / Section 50-4-902
50-4-902 Health insurance purchase mandate prohibited -- exceptions
Status: in_force

50-4-902 . Health insurance purchase mandate prohibited -- exceptions. (1) The state or federal government may not:

(a) mandate or require a person or entity to purchase health insurance coverage as defined in 33-22-140 ; or

(b) impose a penalty, tax, fee, or fine of any type if a person or entity declines to purchase health insurance coverage.

(2) This section does not apply to a requirement to purchase health insurance coverage that is imposed by:

(a) a court when an individual or entity is a named party in a judicial dispute;

(b) the department of public health and human services as part of a child support enforcement action; or

(c) the Montana university system as a requirement for students.
Mont. Code Ann. § 50-5-203 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-203
50-5-203 Application for license
Status: in_force

50-5-203 . Application for license. The procedure to apply for a license is as follows:

(1) At least 45 days prior to the opening of a facility and after that no later than the expiration date of the license, application is submitted to the department accompanied by the license fee.

(2) The application shall contain:

(a) the name and address of the applicant if an individual, the name and address of each member if a firm, partnership, or association, or the name and address of each officer if a corporation;

(b) the location of the facility;

(c) the name of the person who will act as administrator of the facility;

(d) the number and type of patients or residents for which care is provided;

(e) any information which the department may require pertaining to the number, experience, and training of employees;

(f) information on ownership, contract, or lease agreement if operated by a person other than the owner.

(3) Applications must include attestation or supporting documentation required by the department indicating the applicant has read and understands the licensure requirements of the facility type that is the subject of the application.
Mont. Code Ann. § 50-74-214 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-214
50-74-214 Engineer to assist in inspection
Status: in_force

50-74-214 . Engineer to assist in inspection. It is the duty of the engineer operating any boiler or boilers to assist the inspectors in their examination of the boilers and point out any defects known to the engineer in the boilers or machinery under the engineer's charge. If an engineer does not comply with this section, the engineer's license must be revoked or suspended.
Mont. Code Ann. § 50-60-803 — MT Code / Title 50 / Chapter 60 / Part 8 / Section 50-60-803
50-60-803 Energy labeling sticker
Status: in_force

50-60-803 . Energy labeling sticker. (1) The department of labor and industry, in consultation with the department of environmental quality, shall prescribe by rule requirements for a labeling sticker to be affixed to a new residential building that describes the energy efficiency components of the home, including but not limited to heating appliance efficiencies and R-value or U-value of ceilings, walls, floors, windows, and doors in new residential buildings.

(2) A person constructing a new residential building shall affix to that residential building in a manner prescribed by the department of labor and industry a labeling sticker as described in subsection (1).
Mont. Code Ann. § 50-5-121 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-121
50-5-121 Hospital discrimination based on ability to pay prohibited -- community benefit and financial assistance requirements -- rulemaking authority
Status: in_force

50-5-121 . (Temporary) Hospital discrimination based on ability to pay prohibited -- community benefit and financial assistance requirements -- rulemaking authority. (1) A hospital, critical access hospital, or rural emergency hospital must have in writing a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient's ability to pay.

(2) A hospital, critical access hospital, or rural emergency hospital may not transfer a patient to another hospital or health care facility based on the patient's ability to pay for health care services.

(3) (a) A hospital operating as a nonprofit health care facility must have in writing:

(i) a financial assistance policy consistent with federal standards and standards established by the department, applicable to the area the hospital serves; and

(ii) a community benefit policy consistent with federal standards and standards established by the department.

(b) A hospital, critical access hospital, or rural emergency hospital operating as a nonprofit health care facility shall:

(i) adhere to the written financial assistance and community benefit policies; and

(ii) make the policies available to the public.

(4) No later than July 1, 2024, the department shall adopt rules to implement the financial assistance and community benefit requirements of this part, which must be specific to the hospital and the area or areas it serves. Rules must include but are not limited to rules that:

(a) define financial assistance and community benefit consistent with federal standards, wherever possible;

(b) establish the standards for community benefit and financial assistance applicable to hospitals operating as nonprofit health care facilities consistent with federal standards, wherever possible; and

(c) establish penalties for failing to comply with 50-5-106 and this section.
Mont. Code Ann. § 50-4-1106 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1106
50-4-1106 Free speech protections -- notification of complaints -- penalty
Status: in_force

50-4-1106 . Free speech protections -- notification of complaints -- penalty. (1) The department of public health and human services, a licensing board operating under Title 37, or any other entity that grants licensure or certification may not reprimand, sanction, or revoke or threaten to revoke a license, certificate, or registration of a medical practitioner who is licensed or certified by the department or board for engaging in speech or expressive activity protected under the first amendment to the U.S. constitution, unless the department or board demonstrates beyond a reasonable doubt that the medical practitioner's speech was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the 3 years immediately preceding the incident of physical harm.

(2) (a) Within 14 days of receiving a complaint that may result in revocation of a medical practitioner's license, the department, licensing board, or other licensing or certification entity shall provide the medical practitioner with a copy of the complaint.

(b) If the department, licensing board, or other licensing or certification entity fails to provide the complaint within 14 days of receipt, the department or licensing board shall pay the medical practitioner an administrative penalty of $500 for each week of noncompliance.
Mont. Code Ann. § 50-2-122 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-122
50-2-122 Obstructing local health officer in the performance of duties unlawful
Status: in_force

50-2-122 . Obstructing local health officer in the performance of duties unlawful. It is unlawful to:

(1) hinder a local health officer in the performance of duties under this chapter;

(2) remove or deface any placard or notice posted by the local health officer; or

(3) violate a quarantine regulation.
Mont. Code Ann. § 50-15-704 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-704
50-15-704 Confidentiality
Status: in_force

50-15-704 . Confidentiality. Information received by the department pursuant to this part may not be released unless:

(1) it is in statistical, nonidentifiable form;

(2) the provisions of Title 50, chapter 16, part 6, are satisfied;

(3) the release or transfer is to a person or organization that is qualified to perform data processing or data analysis and that has safeguards against unauthorized disclosure of that information;

(4) the release or transfer is to a central tumor registry of another state and is of information concerning a person who is residing in that state; or

(5) the release is to a health care practitioner or health care facility that is providing or has provided medical services to a person who has or has had a reportable tumor.
Mont. Code Ann. § 50-5-707 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-707
50-5-707 Immunity
Status: in_force

50-5-707 . Immunity. (1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship.

(2) A hospital, its directors, trustees, officers, employees, and agents and any contractors with whom the hospital has a contractual relationship may not be held liable for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence if the hospital has complied with this part and acted reasonably and in good faith.
Mont. Code Ann. § 50-30-217 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-217
50-30-217 Exemption from labeling requirements
Status: in_force

50-30-217 . Exemption from labeling requirements. If the department finds that because of the size of the package involved, because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the department shall adopt rules exempting the substance from these requirements to the extent of being consistent with adequate protection of the public health and safety.
Mont. Code Ann. § 50-4-111 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-111
50-4-111 Health care sharing ministry -- definition -- requirements
Status: in_force

50-4-111 . Health care sharing ministry -- definition -- requirements. (1) As used in this section, "health care sharing ministry" means a nonprofit organization:

(a) that is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code and is exempt from taxation under section 501(a);

(b) whose members:

(i) share a common set of ethical or religious beliefs; and

(ii) share medical expenses among members in accordance with those beliefs without regard to the state in which a member resides or is employed;

(c) whose members retain membership even after developing a medical condition;

(d) that conducts an annual audit that is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and that is made available to the public on request; and

(e) that does not use a compensated or commissioned insurance producer, representative, or other person to solicit or enroll members in this state. This subsection (1)(e) does not apply to:

(i) a salaried person employed by the health care sharing ministry who does not receive a form of commission, compensation, or other valuable consideration based on the enrolling of new members; or

(ii) a new member referral program providing credit for existing members of the health care sharing ministry if the program is limited to credit for no more than six new members annually.

(2) A health care sharing ministry shall provide a written disclaimer in 12-point font on or accompanying all applications or guideline materials distributed by or on behalf of the health care sharing ministry that states in substance:

"NOTICE: The health care sharing ministry facilitating the sharing of medical expenses is not an insurance company and does not use insurance agents or pay commissions to insurance agents. The health care sharing ministry's guidelines and plan of operation are not an insurance policy. Without health care insurance, there is no guarantee that you, a fellow member, or any other person who is a party to the health care sharing ministry agreement will be protected in the event of illness or emergency. Regardless of whether you receive any payment for medical expenses or whether the health care sharing ministry terminates, withdraws from the faith-based agreement, or continues to operate, you are always personally responsible for the payment of your own medical bills. If your participation in the health care sharing ministry ends, state law may subject you to a waiting period before you are able to apply for health insurance coverage."
Mont. Code Ann. § 50-60-802 — MT Code / Title 50 / Chapter 60 / Part 8 / Section 50-60-802
50-60-802 Enforcement of energy code through builder self-certification
Status: in_force

50-60-802 . Enforcement of energy code through builder self-certification. (1) Except as provided in subsection (2), a person who begins construction on a residential building in Montana after October 1, 1993, shall certify in writing to the building owner at the conclusion of construction that the residential building has been constructed in compliance with the energy-efficient construction standards adopted under the provisions of 50-60-203 (1).

(2) A person who begins construction on a residential building in Montana after October 1, 2009, shall certify in writing to the building owner at the conclusion of construction that the residential building has been constructed in compliance with the voluntary energy-efficient construction standards adopted by a county, city, or town with a building code enforcement program that has jurisdiction over the construction if the building meets or exceeds those standards.
Mont. Code Ann. § 50-17-103 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-103
50-17-103 Powers and duties of department
Status: in_force

50-17-103 . Powers and duties of department. (1) The department shall:

(a) accept, spend, and distribute federal funds available for tuberculosis control;

(b) collect and study data on the incidence of tuberculosis;

(c) adopt rules for the determination and control of tuberculosis.

(2) The department may, if appropriate, contract with federal agencies or other state agencies for receipt and expenditure of federal funds.
Mont. Code Ann. § 50-5-1305 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1305
50-5-1305 Treatment guidelines when health care providers serve as proxy decisionmakers
Status: in_force

50-5-1305 . Treatment guidelines when health care providers serve as proxy decisionmakers. (1) The attending health care provider and a health care provider appointed pursuant to 50-5-1304 to serve as a medical proxy decisionmaker shall adhere to the following guidelines for proxy decisionmaking:

(a) for routine treatments and procedures that are low-risk and within broadly accepted standards of medical practice, the attending health care provider may make health care treatment decisions;

(b) for treatment involving anesthesia, invasive procedures, significant risk of complications, or otherwise requiring written, informed consent, the attending health care provider shall obtain the written consent of the medical proxy decisionmaker;

(c) for end-of-life treatment that is nonbeneficial and involves withholding or withdrawing specific medical treatments, the attending health care provider shall obtain:

(i) an independent concurring opinion from a physician or advanced practice registered nurse other than the medical proxy decisionmaker;

(ii) a consensus with the medical ethics committee, if available; and

(iii) a consensus with the health care facility's chaplain if a medical ethics committee is not available.

(2) Artificial nourishment and hydration may be withheld or withdrawn from a patient upon a decision of a physician or advanced practice registered nurse serving as a medical proxy decisionmaker only when the attending health care provider and an independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration cannot reasonably be expected to prolong life, would be excessively burdensome for the patient, or would cause the patient significant physical discomfort, such as from complications from the procedures used.

(3) (a) Nothing in this part may be construed as condoning, authorizing, or approving euthanasia or mercy killing.

(b) Nothing in this part may be construed as permitting an affirmative or deliberate act to end a person's life except to permit natural death.

(4) When a lay or medical proxy decisionmaker has not been appointed and the attending health care provider determines that a patient requires end-of-life treatment that includes artificial nourishment and hydration, before a lay or medical proxy decisionmaker may be appointed the attending health care provider or health care facility shall petition the court to have a temporary guardian appointed as provided in 72-5-317 . If the petition to have a temporary guardian appointed is not timely or successful considering the exigencies of the situation, a lay or medical proxy decisionmaker may be appointed.
Mont. Code Ann. § 50-16-102 — MT Code / Title 50 / Chapter 16 / Part 1 / Section 50-16-102
50-16-102 Information on infant morbidity and mortality
Status: in_force

50-16-102 . Information on infant morbidity and mortality. (1) If information on infant morbidity and mortality will be used to reduce those problems, data relating to the condition and treatment of any person may be given to the department of public health and human services, Montana medical association, an allied society of the Montana medical association, a committee of a nationally organized medical society or research group, or an inhospital staff committee.

(2) A person who furnishes information under subsection (1) is immune from suit for damages arising from the release of the data or publication of findings and conclusions based on the data.

(3) Data supplied under subsection (1) may be used or published only for advancing medical research or medical education in the interest of reducing infant morbidity or mortality. A summary of studies based on the data may be released for general publication.

(4) The identity of a person whose condition or treatment was studied is confidential and may not be revealed under any circumstances.

(5) Any data supplied or studies based on this data are privileged communications and may not be used as evidence in any legal proceeding. Any attempt to use or offer to supply the data or studies, without consent of the person treated or the person's legal representative, is prejudicial error resulting in a mistrial.
Mont. Code Ann. § 50-51-207 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-207
50-51-207 Expiration date of license
Status: in_force

50-51-207 . Expiration date of license. (1) Except as provided in subsection (2), each license expires on December 31 following its date of issue unless canceled for cause.

(2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms may be prorated by the department.
Mont. Code Ann. § 50-1-204 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-204
50-1-204 Quarantine and isolation measures
Status: in_force

50-1-204 . Quarantine and isolation measures. The department may adopt and enforce quarantine or isolation measures to prevent the spread of communicable disease. A person who does not comply with quarantine measures shall, on conviction, be fined not less than $10 or more than $100. Receipts from fines, except justice's court fines, must be deposited in the state general fund.
Mont. Code Ann. § 50-43-102 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-102
50-43-102 Definitions
Status: in_force

50-43-102 . Definitions. In this part, the following definitions apply:

(1) "Calcium-EAP" means a calcium salt of the monoester (2-ethylamine) of phosphoric acid.

(2) "Harnosal" means a compound of sulfamethizole and sulfaethidole. A 500-milligram tablet contains 350 milligrams of sulfamethizole and 150 milligrams of sulfaethidole.

(3) "Phosetamin" means a compound of potassium salt of the monoester (2-ethylamine) of phosphoric acid, magnesium salt of the monoester (2-ethylamine) of phosphoric acid, and calcium salt of the monoester (2-ethylamine) of phosphoric acid. A 350-milligram tablet contains 145.8 milligrams of the potassium salt, 145.8 milligrams of the magnesium salt, and 58.4 milligrams of the calcium salt.
Mont. Code Ann. § 50-20-809 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-809
50-20-809 Reporting requirement -- civil penalties -- aggregate report by department -- rulemaking authority
Status: in_force

50-20-809 . Reporting requirement -- civil penalties -- aggregate report by department -- rulemaking authority. (1) A medical facility in which an infant is born alive subsequent to an abortion or attempted abortion performed on the mother of the infant shall submit by February 28 of each year an annual report to the department on the number of infants born alive during the previous calendar year in a form and manner prescribed by the department.

(2) The report must include:

(a) the approximate gestational age of infants who are born alive, expressed in one of the following increments:

(i) less than 9 weeks;

(ii) 9 to 10 weeks;

(iii) 11 to 12 weeks;

(iv) 13 to 15 weeks;

(v) 16 to 20 weeks;

(vi) 21 to 24 weeks;

(vii) 25 to 30 weeks;

(viii) 31 to 36 weeks; or

(ix) 37 weeks to term;

(b) medical actions taken to preserve the life of infants born alive;

(c) the outcome for infants born alive, including survival, death, and location of death, if known; and

(d) medical conditions of infants born alive, including conditions developed prior to and after the attempted abortion.

(3) If the number if infants born alive subsequent to an abortion or attempted abortion performed on the mother of the infant is zero, a report indicating that no infants were born alive subsequent to an abortion or attempted abortion during the reporting period must still be filed.

(4) (a) The department may impose a civil fine in an amount not to exceed $500 on a medical facility that fails to submit the required report within 30 days after the deadline established in subsection (1).

(b) The department may impose an additional civil fine in an amount not to exceed $500 on a medical facility for each additional 30-day period that the medical facility fails to submit the required report.

(c) If a medical facility fails to submit a required report more than 1 year following the date that the report is due to the department or if the medical facility submits an incomplete report and fails to correct the deficiencies during the same time period, the department may bring a civil action for an injunction to compel the medical facility to submit the required report.

(5) The department shall adopt a form for reporting as described in subsection (1). The department shall ensure that copies of the form are distributed to medical facilities in the state.

(6) The department shall publish an annual report by June 30 on the aggregate number of abortions resulting in a live birth from the previous calendar year. The report must also provide the numbers of abortions resulting in live births from previous reporting years, adjusted to reflect any additional information for late or corrected reports. The department shall take care to ensure that none of the information included in the report could reasonably lead to the identification of an individual who provides information in accordance with this section.

(7) The department may adopt rules to implement this section, including the form described in subsection (5).
Mont. Code Ann. § 50-15-411 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-411
50-15-411 Sudden infant death syndrome -- findings -- definition
Status: in_force

50-15-411 . Sudden infant death syndrome -- findings -- definition. (1) As used in 50-15-412 and this section, "sudden infant death syndrome" means the sudden death of an infant under 1 year of age that remains unexplained after a thorough case investigation, including the performance of a complete autopsy, an examination of the death scene, and a review of the clinical history.

(2) The legislature recognizes that research has shown that sudden infant death syndrome is a leading cause of death among children from 1 month to 1 year of age. The legislature finds and declares that sudden infant death syndrome is a serious problem within Montana and that public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.
Mont. Code Ann. § 50-1-111 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-111
50-1-111 Asbestos disease account
Status: in_force

50-1-111 . Asbestos disease account. There is an asbestos disease account in the state special revenue fund to be used by the department for grants to the Lincoln County health board to be used for the following purposes:

(1) providing case management services for asbestos patients;

(2) maintaining and overseeing a working network of Lincoln County health care and social service providers;

(3) providing direct services to individuals who have a positive result as determined by a qualified physician for asbestos-related diseases;

(4) evaluating the programs for effectiveness and quality; and

(5) pursuing both short-term and permanent funding for health care and social service needs of asbestos patients.
Mont. Code Ann. § 50-17-102 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-102
50-17-102 Definitions
Status: in_force

50-17-102 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Acute heart attack" means a heart attack that involves a prolonged period of blocked blood supply, affects a large area of the heart, and is measured by an elevation of the ST segment of an electrocardiogram.

(2) "Approved course of treatment" means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department.

(3) "Critical access hospital" has the meaning provided in 50-5-101 .

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

(5) "Emergency medical service" has the meaning provided in 50-6-302 .

(6) "Hospital" has the meaning provided in 50-5-101 and includes a rural emergency hospital as defined in 50-5-101 .

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

(8) "Receiving hospital" means a hospital capable of performing coronary revascularization for a patient suffering an acute heart attack.

(9) "Treatment location" or "location" means a hospital or other place designated by a local health officer where the person diagnosed with tuberculosis must remain to be available for an approved course of treatment.

(10) (a) "Tuberculosis" means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex.

(b) The term does not include infection by mycobacterium bovis in a nonpulmonary site that is a result of instillation of bacille calmette-guerin as part of cancer therapy.
Mont. Code Ann. § 50-51-201 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-201
50-51-201 License required
Status: in_force

50-51-201 . License required. (1) Except as provided in subsection (2), a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department.

(2) A guest ranch or an outfitting and guide facility that meets the definitions in 50-51-102 is not required to obtain a license under subsection (1).

(3) A separate license is required for each establishment. However, when more than one type of establishment is operated on the same premises and under the same management, only one license is required that must enumerate on the certificate the types of establishments licensed.

(4) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no local health officer, the sanitarian, in the county where the establishment is located.
Mont. Code Ann. § 50-40-103 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-103
50-40-103 Definitions
Status: in_force

50-40-103 . Definitions. As used in this part, the following definitions apply:

(1) "Bar" means an establishment with a license issued pursuant to Title 16, chapter 4, that is devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food is only incidental to the service of alcoholic beverages or gambling operations. The term includes but is not limited to taverns, night clubs, cocktail lounges, and casinos.

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

(3) "Electronic smoking device" means an e-cigarette, dab rig, or vape pen containing or delivering nicotine or another substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product.

(4) "Enclosed public place" means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:

(a) restaurants;

(b) stores;

(c) public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201 , and state government;

(d) trains, buses, and other forms of public transportation;

(e) health care facilities;

(f) auditoriums, arenas, and assembly facilities;

(g) meeting rooms open to the public;

(h) bars;

(i) community college facilities;

(j) facilities of the Montana university system; and

(k) public schools, as provided for in 20-1-220 and 50-40-104 .

(5) "Establishment" means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible.

(6) "Incidental to the service of alcoholic beverages or gambling operations" means that at least 60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling receipts, or both.

(7) "Person" means an individual, partnership, corporation, association, political subdivision, or other entity.

(8) "Place of work" means an enclosed room where one or more individuals work.

(9) "Smoking" or "to smoke" means the act of lighting, smoking, inhaling, exhaling, or carrying a lighted cigar, cigarette, pipe, or any smokable product, including the use of marijuana or an electronic smoking device.
Mont. Code Ann. § 50-15-107 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-107
50-15-107 Payment of fees to local registrars
Status: in_force

50-15-107 . Payment of fees to local registrars. (1) The department may specify by rule a fee to be paid each local registrar for each complete birth, fetal death, or death certificate forwarded by the local registrar to the department or a monthly report stating the local registrar did not file certificates.

(2) The department shall annually certify to the county treasurer the number of births, fetal deaths, deaths, or monthly reports received from the county with the names of the local registrars and the amount due each.

(3) (a) The county treasurer shall pay each local registrar out of the county general fund.

(b) If the local registrar, appointed pursuant to 50-15-104 , is employed by the county, the payment under subsection (3)(a) must be made to the county office in which the local registrar is employed.
Mont. Code Ann. § 50-50-304 — MT Code / Title 50 / Chapter 50 / Part 3 / Section 50-50-304
50-50-304 Discovery of food capable of causing food-borne illness
Status: in_force

50-50-304 . Discovery of food capable of causing food-borne illness. If a state or local health officer, sanitarian, or other authorized person finds food that is capable of causing food-borne illness, that person shall issue a report in writing recommending that the food be withheld from sale to the public. A duplicate copy of the report, properly authenticated, is admissible in evidence in any action or proceeding where the condition of the food at the time of the inspection is material.
Mont. Code Ann. § 50-20-105 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-105
50-20-105 Duties of department
Status: in_force

50-20-105 . Duties of department. (1) The department shall make regulations to provide for the humane disposition of dead infants or fetuses.

(2) The department shall make regulations for a comprehensive system of reporting of maternal deaths and complications within the state resulting directly or indirectly from abortion, subject to the provisions of 50-20-110 (6).

(3) The department shall report to the attorney general any apparent violation of this chapter.

(4) The department shall develop a certification form for use in accordance with 50-20-113 .
Mont. Code Ann. § 50-62-106 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-106
50-62-106 Hearing and judgment
Status: in_force

50-62-106 . Hearing and judgment. (1) The court, upon application of the department of justice or any officer mentioned in 50-62-101 , shall make its order fixing a time and place for such hearing, which time shall be within 20 days from the date of the filing of the answer or as soon thereafter as the matter may be heard.

(2) If upon trial the order shall be sustained, judgment shall be given accordingly and a time shall be fixed within which the building or structure shall be altered, destroyed, or repaired in compliance with such order, but otherwise the court shall annul or set aside the order of condemnation.
Mont. Code Ann. § 50-32-404 — MT Code / Title 50 / Chapter 32 / Part 4 / Section 50-32-404
50-32-404 Loss, theft, or other discrepancy to be reported
Status: in_force

50-32-404 . Loss, theft, or other discrepancy to be reported. (1) The theft or loss of a substance regulated in accordance with 50-32-401 must be reported to the department of justice within 3 days after the theft or loss is discovered.

(2) Any difference between the quantity received of any substance regulated as provided in 50-32-401 and the quantity shipped must be reported to the department of justice within 3 days of the discovery of the discrepancy.

(3) A report made pursuant to this section shall also include the name of the common carrier or person who transported the substance and the date of shipment.
Mont. Code Ann. § 50-20-802 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-802
50-20-802 Legislative findings
Status: in_force

50-20-802 . Legislative findings. The legislature finds, with respect to this part, that:

(1) there is a compelling interest in protecting the life of an infant born alive following an attempted abortion;

(2) an infant born alive following an attempted abortion is a legal person for all purposes under the laws of this state and is entitled to all protections under these laws; and

(3) an infant born alive following an attempted abortion in an abortion clinic, medical facility, or other facility is entitled to the same protections under the law that would arise for any newborn infant or for any person who comes to a medical facility or other facility for screening or treatment or otherwise becomes a patient in the facility's care.
Mont. Code Ann. § 50-4-704 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-704
50-4-704 Rights and powers
Status: in_force

50-4-704 . Rights and powers. (1) (a) This part may not be construed to impair the rights and powers of a court or the attorney general with respect to the assets of any public benefit corporation, to any asset devoted to charity, or to a charitable trust as provided in 72-38-820 through 72-38-826 .

(b) Filing of an application under this part satisfies any notice requirements under 35-2-609 , 35-2-617 , or 35-2-722 .

(2) (a) (i) Nothing in this part precludes the attorney general, the commissioner, or a nonprofit health entity from filing an action in district court under Title 27, chapter 8, seeking a declaration that a nonprofit health entity transaction is or is not a conversion transaction, as defined in 50-4-701 , or a declaration of whether assets of a nonprofit health entity are or are not public assets as defined in 50-4-701 . No other declaratory relief may be sought in a court regarding any issue arising from a transaction that is or is alleged to be a conversion transaction under this part, except that a transferor or transferee may file an action in district court seeking an injunction prohibiting the attorney general or commissioner from making an unlawful disclosure of trade secrets or proprietary or other confidential information.

(ii) In an action under this subsection (2) to determine whether assets of a nonprofit health entity are or are not public assets, the presumption in 50-4-715 (3) applies.

(b) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to bring or defend an action pursuant to this subsection (2) and the nonprofit health entity shall pay the costs reasonably incurred by the commissioner or the attorney general for the experts' services.

(c) In an action under this subsection (2), if the court finds that the transaction is a conversion transaction subject to this part and the transaction has not been completed, the court shall enter an injunction prohibiting any further actions to complete the transaction until it has been approved by the commissioner and attorney general under 50-4-702 .

(d) In an action under this subsection (2), if the court finds that a completed transaction was a conversion transaction that the commissioner and attorney general have not approved under 50-4-702 , the court shall enter an injunction requiring the nonprofit health entity or any successor to the assets involved in the transaction to submit an application for review under 50-4-707 . After reviewing any application submitted following a court order under this subsection (2)(d), the attorney general may direct that the nonprofit health entity or any successor to the assets involved in the transaction distribute the fair market value of any public assets involved in the transaction as required under 50-4-720 .

(e) The court issuing the declaratory judgment retains jurisdiction to enforce any direction by the attorney general for distribution of the fair market value of public assets under this subsection (2).

(3) This part may not be construed to make void or voidable or to require any distribution of assets with respect to any transaction or series of transactions completed before April 8, 2005, even if that transaction or series of transactions is considered as part of a conversion transaction completed on or after April 8, 2005.
Mont. Code Ann. § 50-5-1311 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1311
50-5-1311 Hierarchy of decisionmaker selection
Status: in_force

50-5-1311 . Hierarchy of decisionmaker selection. When a decisionmaker is needed for a patient who lacks decisional capacity as determined under 50-5-1302 , the decisionmaker must be selected from the following available individuals in the order listed:

(1) a guardian appointed by the patient under 72-5-316 who has medical decisionmaking authority;

(2) an agent appointed by the patient in a medical durable power of attorney or an individual designated by the patient in an advance medical directive;

(3) a spouse of the patient;

(4) an adult child of the patient;

(5) a parent of the patient;

(6) a sibling of the patient;

(7) a trusted decisionmaker designated under 50-5-1310 ;

(8) a close friend of the patient who has a deep understanding of the patient's wishes; and

(9) any other proxy appointed under Title 50, chapter 5, part 13.
Mont. Code Ann. § 50-50-203 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-203
50-50-203 Application for license or permit
Status: in_force

50-50-203 . Application for license or permit. (1) Except as provided in subsection (2), an application for a retail food establishment license must be:

(a) made to the department on forms and contain information required by the department; or

(b) filed using an application for a license that is in compliance with rules established by the board of review established in 30-16-302 .

(2) An application for a temporary food establishment permit must be made to the local regulatory authority on a state-approved form. If a local board of review exists, the local board of review shall work with the state to provide a permit application under this subsection similar to the state-approved form, and the temporary food establishment may use the local board of review permit application.
Mont. Code Ann. § 50-5-207 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-207
50-5-207 Denial, suspension, or revocation of health care facility license -- provisional license
Status: in_force

50-5-207 . Denial, suspension, or revocation of health care facility license -- provisional license. (1) The department may deny, suspend, or revoke a health care facility license if any of the following circumstances exist:

(a) The facility fails to meet the minimum standards pertaining to it prescribed under 50-5-103 .

(b) The staff is insufficient in number or unqualified by lack of training or experience.

(c) The applicant or any person managing it has been convicted of a felony and denial of a license on that basis is consistent with 37-1-203 or the applicant otherwise shows evidence of character traits inimical to the health and safety of patients or residents.

(d) The applicant does not have the financial ability to operate the facility in accordance with law or rules or standards adopted by the department.

(e) There is cruelty or indifference affecting the welfare of the patients or residents.

(f) There is misappropriation of the property or funds of a patient or resident.

(g) There is conversion of the property of a patient or resident without the patient's or resident's consent.

(h) Any provision of parts 1 through 3 is violated.

(2) The department may reduce a license to provisional status if:

(a) as a result of an inspection, it is determined that the facility has failed to comply with a provision of part 1 or 2 of this chapter or has failed to comply with a rule, license provision, or order adopted or issued pursuant to part 1 or 2;

(b) a facility is unable to be surveyed due to lack of patients or residents;

(c) the facility is currently under review for accreditation and the review will not be complete prior to the expiration date of its current license; or

(d) the department requires additional time to complete the inspection review.

(3) A provisional license may be issued for a period of up to 1 year.

(4) The denial, suspension, or revocation of a health care facility license is not subject to the certificate of need requirements of part 3.

(5) The department may provide in its revocation order that the revocation is in effect for up to 2 years. If this provision is appealed, it must be affirmed or reversed by the court.