Mont. Code Ann. § 50-51-102 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-102
50-51-102 Definitions
Status: in_force

50-51-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Bed and breakfast" means a private, owner- or manager-occupied residence that is used as a private residence but in which:

(a) breakfast is served and is included in the charge for a guest room; and

(b) the number of daily guests served does not exceed 18.

(2) (a) "Day visitor" means a guest whose primary purpose on the guest ranch is to participate in recreational activities regularly provided by the guest ranch for a fee including but not limited to hunting, horseback riding, working cattle, hiking, biking, snowmobiling, or fishing, who may be served food incidental to the activity, and who does not stay overnight.

(b) The term does not include persons attending weddings, parties, large group functions, or other meals not related to the recreational activities described in subsection (2)(a) and who may not be served food unless the guest ranch or other entity serving the food has a license issued pursuant to 50-50-201 .

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

(4) "Establishment" means a bed and breakfast, hotel, motel, roominghouse, guest ranch, outfitting and guide facility, boardinghouse, or tourist home.

(5) "Guest ranch" means a facility that:

(a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;

(b) furnishes sleeping accommodations on advance reservations for a minimum stay;

(c) provides recreational activities that include but are not limited to hunting, horseback riding, fishing, hiking, biking, snowmobiling, or a working cattle ranch experience to its guests and day visitors; and

(d) is a small establishment or a seasonal establishment.

(6) "Hotel" or "motel" includes:

(a) a building or structure kept, used, maintained as, advertised as, or held out to the public to be a hotel, motel, inn, motor court, tourist court, or public lodginghouse; and

(b) a place where sleeping accommodations are furnished for a fee to transient guests, with or without meals.

(7) "Outfitting and guide facility" means a facility that:

(a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;

(b) furnishes sleeping accommodations to guests;

(c) offers hunting, fishing, or recreational services in conjunction with the services of an outfitter or guide, as defined in 37-47-101 ; and

(d) is a small establishment or a seasonal establishment.

(8) "Person" includes an individual, partnership, corporation, association, county, municipality, cooperative group, or other entity engaged in the business of operating, owning, or offering the services of a bed and breakfast, hotel, motel, boardinghouse, tourist home, guest ranch, outfitting and guide facility, or roominghouse.

(9) "Roominghouse" or "boardinghouse" means buildings in which separate sleeping rooms are rented that provide sleeping accommodations for three or more persons on a weekly, semimonthly, monthly, or permanent basis, whether or not meals or central kitchens are provided but without separated cooking facilities or kitchens within each room, and whose occupants do not need professional nursing or personal-care services provided by the facility.

(10) "Seasonal establishment" means a guest ranch or outfitting and guide facility operating for less than 120 days in a calendar year and offering accommodations to no more than 40 people on average a day. The average number of people a day is determined by dividing the total number of guests accommodated during the year by the total number of days that the establishment was open for the purpose of accommodating guests as a guest ranch or outfitting and guide facility during the year.

(11) "Small establishment" means a guest ranch or an outfitting and guide facility offering accommodations to no more than 24 people on average a day. The average number of people a day is determined by dividing the total number of guests accommodated during the year by the total number of days that the establishment was open for the purpose of accommodating guests as a guest ranch or outfitting and guide facility during the year.

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

(13) "Transient guest" means a guest for only a brief stay, such as the traveling public.
Mont. Code Ann. § 50-60-402 — MT Code / Title 50 / Chapter 60 / Part 4 / Section 50-60-402
50-60-402 Factory-built buildings and recreational vehicles to comply with standards
Status: in_force

50-60-402 . Factory-built buildings and recreational vehicles to comply with standards. (1) A person, firm, or corporation may not manufacture, sell, or offer for sale any new factory-built building unless the factory-built building and its components, systems, and appliances have been constructed and assembled in accordance with the standards defined in this part.

(2) A factory-built building that has been approved by the department is considered to be in full compliance with the standards and rules prescribed in parts 1 through 4.

(3) All factory-built buildings approved by the department are acceptable as meeting the requirements of parts 1 through 4 throughout the state of Montana without further inspection or fees except for zoning, utility connections, and foundation permits required by local ordinance.

(4) A person, firm, or corporation may not manufacture, sell, or offer for sale a new recreational vehicle unless the vehicle has been constructed and assembled in accordance with the American national standards institute ANSI/A119.2 standard for recreational vehicles. The department is not responsible for enforcing the compliance of recreational vehicles with the ANSI/A119.2 standard as part of the state building code.
Mont. Code Ann. § 50-20-508 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-508
50-20-508 Coercion prohibited
Status: in_force

50-20-508 . Coercion prohibited. A parent, a legal guardian, or any other person may not coerce a minor to have an abortion. If a minor is denied financial support by the minor's parents, legal guardian, or custodian because of the minor's refusal to have an abortion, the minor must be considered an emancipated minor for the purposes of eligibility for public assistance benefits. The public assistance benefits may not be used to obtain an abortion.
Mont. Code Ann. § 50-31-502 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-502
50-31-502 Unlawful labeling of products resembling honey
Status: in_force

50-31-502 . Unlawful labeling of products resembling honey. It is unlawful for any person to sell or offer for sale any product which is in semblance of honey and which is labeled, advertised, or otherwise represented to be honey if it is not honey.
Mont. Code Ann. § 50-57-107 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-107
50-57-107 County attorney to prosecute violations
Status: in_force

50-57-107 . County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule adopted by the department under this chapter.
Mont. Code Ann. § 50-5-1101 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1101
50-5-1101 Short title
Status: in_force

50-5-1101 . Short title. This part may be cited as the "Montana Long-Term Care Residents' Bill of Rights".
Mont. Code Ann. § 50-20-714 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-714
50-20-714 Right of intervention
Status: in_force

50-20-714 . Right of intervention. The legislature, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this part in the member's official capacity, to intervene as a matter of right in any case in which the constitutionality of this part is challenged.
Mont. Code Ann. § 50-51-108 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-108
50-51-108 Rules for bed and breakfast establishments
Status: in_force

50-51-108 . Rules for bed and breakfast establishments. The department, in adopting rules establishing rules for bed and breakfast establishments, shall consult with bed and breakfast operators. The department shall establish a negotiated rulemaking committee, as provided in Title 2, chapter 5, part 1, to consider matters proposed by the department that affect bed and breakfast establishments.
Mont. Code Ann. § 50-5-227 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-227
50-5-227 Licensing assisted living facilities
Status: in_force

50-5-227 . Licensing assisted living facilities. (1) The department shall by rule adopt standards for licensing and operation of assisted living facilities to implement the provisions of 50-5-225 and 50-5-226 .

(2) The department may deny, suspend, or revoke the license of an assisted living facility if the department finds a demonstrated pattern of noncompliance with the employee background check requirements of 50-5-225 .

(3) The following licensing categories must be used by the department in adopting rules under subsection (1):

(a) category A facility serving residents requiring the level of care as provided for in 50-5-226 (2);

(b) category B facility providing skilled nursing care or other skilled services to five or fewer residents who meet the requirements stated in 50-5-226 (3);

(c) category C facility providing services to residents with cognitive impairments requiring the level of care stated in 50-5-226 (4); or

(d) category D facility providing services to residents with mental disorders who may be a temporary harm to themselves or others and who require the level of care stated in 50-5-226 (5).

(4) (a) A single facility meeting the applicable requirements for a category A facility may additionally be licensed to provide category B or category C services with the approval of the department.

(b) If a single facility meeting the applicable requirements as provided in subsection (4)(a) further seeks to be licensed as a category D facility, the facility shall provide documentation that indicates the facility can keep all residents safe.

(5) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.
Mont. Code Ann. § 50-79-304 — MT Code / Title 50 / Chapter 79 / Part 3 / Section 50-79-304
50-79-304 Policy
Status: in_force

50-79-304 . Policy. It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, under the police powers of the state and for protection of the constitutional right to a healthy environment, to prohibit the disposal of certain radioactive material.
Mont. Code Ann. § 50-65-101 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-101
50-65-101 Definitions
Status: in_force

50-65-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Agent" means a person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes.

(2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco.

(3) "Manufacturer" means:

(a) an entity that manufactures or otherwise produces cigarettes or causes cigarettes that the manufacturer intends to be sold in this state to be manufactured or produced anywhere, including cigarettes intended to be sold in the United States through an importer;

(b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

(c) an entity that becomes a successor of an entity described in subsections (3)(a) and (3)(b).

(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systemic and nonsystemic methodological errors, and equipment-related problems do not affect the results of testing. The program ensures that the testing repeatability remains within the required repeatability values provided in 50-65-102 (2)(f) for all test trials used to certify cigarettes in accordance with this chapter.

(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.

(6) "Retail dealer" means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

(7) "Sale" means any transfer of title of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means.

(8) "Wholesale dealer" means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
Mont. Code Ann. § 50-60-205 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-205
50-60-205 When state building code applies -- health care facility and public health center doors
Status: in_force

50-60-205 . When state building code applies -- health care facility and public health center doors. (1) If a county, city, or town does not adopt a building code as provided in 50-60-301 , the state building code applies within the county, city, or town and the state will enforce the code in these areas.

(2) Any provision of a building code requiring the installation or maintenance of self-closing or automatic closing corridor doors to patient rooms does not apply to health care facilities as defined in 50-5-101 or to a public health center as defined in 7-34-2102 .
Mont. Code Ann. § 50-72-102 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-102
50-72-102 Definitions
Status: in_force

50-72-102 . Definitions. (1) "Authorized representative" means mine inspector or any other person employed or authorized by the department to perform any and all duties under this chapter.

(2) "Corporation" means a body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties, including the capacity of succession.

(3) "Department" means the department of labor and industry.

(4) "Employee" means every person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as hereinafter defined, in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written, whether lawfully or unlawfully employed and whether the employment is casual or otherwise.

(5) "Employer" means every person, firm, partnership, corporation, or association, including an independent contractor, who has any person in service in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written.

(6) "Inspector" means a person employed by the department to inspect metallic and nonmetallic mines, mills, smelters, or quarries as provided in this chapter.

(7) "Mine" means any mine or excavation when clay, metallic ore, mineral, gypsum, or rock is dug or mined, whether on surface or underground, where metal-bearing ores or nonmetallic mineral commodities (exclusive of coal or lignite) are dug or mined whether at the surface or underground.

(8) "Notice" means a written notice, work order, or correction notice issued by an authorized representative of the department, which notice specifies a violation and directs or recommends corrective measures and may specify a definite date or time in which to abate said violation.

(9) "Occupational health" means any of those health conditions that occur as a result of employment in a mine.

(10) "Order" means and includes any decision, rule, regulation, direction, requirement, or standard set, adopted, or issued by the department or any other determination or decision made by the department.
Mont. Code Ann. § 50-5-107 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-107
50-5-107 Unlawful use of word nursing
Status: in_force

50-5-107 . Unlawful use of word nursing. It is unlawful for any facility operating in this state to use the word "nursing" in its name, signs, advertising, etc., unless that facility does in fact provide 24-hour nursing care by licensed nurses.
Mont. Code Ann. § 50-76-102 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-102
50-76-102 Hoisting engine license required
Status: in_force

50-76-102 . Hoisting engine license required. (1) (a) It is unlawful for a person to operate any hoisting engine driven by any power when used in lowering or hoisting personnel or material in industrial operations or on construction projects without first obtaining a license from the department.

(b) In emergencies under 50-74-317 relating to the employment of unlicensed engineers, the provisions of that section apply to the operation of the engines and machinery named in this section.

(2) First-class hoisting engineers must be licensed to operate hoisting engines driven by any power and unlimited horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.

(3) Second-class hoisting engineers must be licensed to operate hoisting engines driven by any power and not in excess of 100 brake horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.

(4) The provisions of this section do not apply to hoists and cranes defined in 50-76-103 .
Mont. Code Ann. § 50-53-108 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-108
50-53-108 Unauthorized construction or operation a public nuisance
Status: in_force

50-53-108 . Unauthorized construction or operation a public nuisance. The construction or operation of a public swimming pool or public bathing place contrary to the provisions of this chapter or rules adopted by the department under the provisions of this chapter is a public nuisance and dangerous to public health and safety.
Mont. Code Ann. § 50-53-209 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-209
50-53-209 Cooperative agreements -- inspections
Status: in_force

50-53-209 . Cooperative agreements -- inspections. (1) The department may enter into cooperative agreements with local boards of health to authorize those boards to act as agents of the department and to conduct inspections of and enforce applicable statutes and department rules relating to public swimming pools and public bathing places within the jurisdictions of the respective boards.

(2) The department or a local board of health, pursuant to a cooperative agreement, shall annually conduct:

(a) at least one full facility inspection and one critical point inspection of each public swimming pool or public bathing place operated throughout the year; and

(b) at least one full facility inspection of each seasonal public swimming pool or public bathing place.

(3) The department shall enter into cooperative agreements with the department of fish, wildlife, and parks and other state agencies that operate public swimming pools or public bathing places to address the enforcement of this chapter and rules adopted under this chapter.
Mont. Code Ann. § 50-20-604 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-604
50-20-604 Criminal penalties
Status: in_force

50-20-604 . Criminal penalties. A person who purposely or knowingly performs or attempts to perform an abortion in violation of 50-20-603 is guilty of a felony punishable in accordance with 50-20-112 .
Mont. Code Ann. § 50-30-307 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-307
50-30-307 Detainer of misbranded or banned hazardous substance
Status: in_force

50-30-307 . Detainer of misbranded or banned hazardous substance. (1) If a duly authorized agent of the department finds or has probable cause to believe that a hazardous substance is misbranded or is a banned hazardous substance within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected of being misbranded or is a banned hazardous substance and has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for a person to remove or dispose of a detained or embargoed article by sale or otherwise without permission.

(2) If an article detained or embargoed under subsection (1) is found by the agent to be misbranded or a banned hazardous substance, the agent shall petition the judge of the city, justice's, or district court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If the agent finds that an article detained or embargoed is not misbranded or a banned hazardous substance, the agent shall remove the tag or other marking.

(3) (a) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, the article must, after entry of the decree, be destroyed at the expense of the claimant of the article under supervision of the agent and all court costs and fees and storage and other proper expenses are to be taxed against the claimant of the article or the claimant's agent.

(b) If the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after the costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be properly labeled, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling under the supervision of an agent of the department. The expense of the supervision must be paid by the claimant. The article must be returned to the claimant on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of the supervision have been paid.
Mont. Code Ann. § 50-60-106 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-106
50-60-106 Powers and duties of counties, cities, and towns -- public buildings owned or operated by state agencies
Status: in_force

50-60-106 . Powers and duties of counties, cities, and towns -- public buildings owned or operated by state agencies. (1) Except as provided in subsection (6), as allowed by Title 50, chapter 60, part 3, the examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings, and the administration and enforcement of building regulations within the limits of a city or town are the responsibility of the city or town. Except as provided in subsection (6), the examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings, and the administration and enforcement of building regulations within the portion of a county that is covered by a county building code enforcement program are the responsibility of the county.

(2) Except as provided in subsection (6), each county, city, or town certified under 50-60-302 shall, within its jurisdictional area:

(a) examine, approve, or disapprove plans and specifications for the construction of any building, the construction of which is pursuant or purports to be pursuant to the applicable provisions of the state building code or county, city, or town building code, and direct the inspection of the buildings during and in the course of construction;

(b) require that construction of buildings be in accordance with the applicable provisions of the state building code or county, city, or town building code, subject to the powers of variance or modification granted to the department;

(c) make available to building contractors at a price that is commensurate with reproduction costs a checklist devised by the department pursuant to 50-60-118 for single-family dwellings and provide to contractors who attach a completed checklist to the plans submitted for examination the relevant building permit or notice of plan disapproval within 10 working days of the contractor's submission;

(d) during and in the course of construction, order in writing the remedying of any condition found to exist in, on, or about any building that is being constructed in violation of the state building code or county, city, or town building code. Orders may be served upon the owner or the owner's authorized agent personally or by sending by certified mail a copy of the order to the owner or the owner's authorized agent at the address set forth in the application for permission for the construction of the building. A county, city, or town certified pursuant to 50-60-302 , by action of its building official, may grant in writing time as may be reasonably necessary for achieving compliance with the order. For the purposes of subsection (2)(a) and this subsection (2)(d), the phrase "during and in the course of construction" refers to the construction of a building until all necessary building permits have been obtained and all work authorized by those permits has been fully approved by the building official having jurisdiction.

(e) issue certificates of occupancy as provided in 50-60-107 ;

(f) issue permits, licenses, and other required documents in connection with the construction of a building;

(g) ensure that all construction-related fees or charges imposed and collected by the county, city, or town are necessary, reasonable, and uniform and are:

(i) except as provided in subsection (2)(g)(iii), used only for activities in support of reviewing and issuing a building permit and for building code enforcement, which consists of those necessary and reasonable costs directly and specifically identifiable for the enforcement of building codes, plus indirect costs charged on the same basis as other local government proprietary funds not paying administrative charges as direct charges. If indirect costs are waived for any local government proprietary fund, they must also be waived for the program established in this section. Indirect charges are limited to the charges that are allowed under federal cost accounting principles that are applicable to a local government.

(ii) reduced if the amount of the fees or charges accumulates above the amount needed to enforce building codes for 36 months. The excess must be placed in a reserve account and may be used only for building code enforcement. Collection and expenditure of fees and charges must be fully documented.

(iii) allocated and remitted to the department, in an amount not to exceed 0.5% of the building fees or charges collected, for the building codes education program established in 50-60-116 .

(3) Except as provided in subsection (6), each county, city, or town with a building code enforcement program that has been certified under 50-60-302 may, within the area of its jurisdiction:

(a) make, amend, and repeal rules for the administration and enforcement of the provisions of this section and for the collection of fees and charges related to construction; and

(b) prohibit the commencement of construction until a permit has been issued by the building code enforcement authority having jurisdiction after a showing of compliance with the requirements of the applicable provisions of the state building code or county, city, or town building code or other county, city, or town ordinance or resolution that pertains to the proposed construction. A county, city, or town subject to this subsection (3) 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 energy conservation standards adopted may exceed any applicable energy conservation standards contained in the state building code. 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.

(4) Except as provided in subsection (6), each county, city, or town with a building code enforcement program that has been certified under 50-60-302 may perform inspections of buildings that are outside its jurisdictional limits, subject to the following conditions:

(a) The inspections are requested in writing by the owners or builders of the buildings to be inspected.

(b) The inspections are not done in lieu of inspections by another county, city, or town that has jurisdiction over the buildings to be inspected.

(c) (i) The county, city, or town powers of enforcement possessed as a result of building code enforcement certification by the department may not be exercised in conjunction with the requested inspections.

(ii) Similar powers of building code enforcement may not be contractually created or required by the requester and the inspecting jurisdiction.

(5) In situations in which buildings may be annexed into an inspecting city's or town's jurisdiction subsequent to a requested inspection, the city or town may not require owners or builders to have duplicative inspections of those buildings prior to annexation as a condition precedent to receiving any public services or utilities.

(6) All buildings owned by any state agency are subject to the jurisdiction of the department for purposes of all plan reviews, permitting, and inspections. In performing plan reviews, permitting, and inspections, the department shall provide to affected cities, towns, and counties the building plans and an opportunity to provide comment. The department shall notify the local jurisdictions of actions taken and transmit to the local jurisdiction copies of final building plans.
Mont. Code Ann. § 50-30-201 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-201
50-30-201 Hazardous substance defined
Status: in_force

50-30-201 . Hazardous substance defined. (1) "Hazardous substance" means:

(a) a substance or mixture of substances which:

(i) is toxic;

(ii) is corrosive;

(iii) is an irritant;

(iv) is a strong sensitizer;

(v) is flammable or combustible; or

(vi) generates pressure through decomposition, heat, or other means if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;

(b) substances which the department by rule finds under 50-30-215 meet the requirements of subsection (1)(a) of this section;

(c) a radioactive substance if, with respect to the substance as used in a particular class of article or as packaged, the department determines by rule that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health; or

(d) a toy or other article intended for use by children which presents an electrical, mechanical, or thermal hazard as determined by the department by rule in accordance with 50-30-220 .

(2) (a) The term "hazardous substance" does not apply to pesticides subject to the federal Pesticide Environmental Control Act or the Montana Pesticides Act, to foods, drugs, and cosmetics subject to the Montana Food, Drug, and Cosmetic Act, or to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house.

(b) The term applies, however, to an article which is not itself a pesticide within the meaning of the federal Pesticide Environmental Control Act or the Montana Pesticide Act but which is a hazardous substance within the meaning of subsection (1) of this section by reason of bearing or containing a pesticide.

(c) The term also applies to pesticides whenever human health is directly affected from the use or misuse of pesticides requiring an accident investigation for the purpose of preparing recommendations to federal or state pesticide control agencies.

(3) The term "hazardous substance" does not include source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and rules issued pursuant thereto by the atomic energy commission.
Mont. Code Ann. § 50-79-202 — MT Code / Title 50 / Chapter 79 / Part 2 / Section 50-79-202
50-79-202 Licensing and registration
Status: in_force

50-79-202 . Licensing and registration. (1) The department may provide by rule for general or specific licensing of persons to receive, possess, or transfer radioactive materials and devices or equipment utilizing such materials. The rules shall provide for amendment, suspension, or revocation of licenses pursuant to 50-79-401 and 50-79-403 .

(2) Each application for a specific license shall be in writing and shall state such information as the department by rule may determine to be necessary to decide the technical, insurance, and financial qualifications or any other qualification of the applicant as the department considers reasonable and necessary to protect the occupational and public health and safety. The department may, at any time after the filing of the application and before the expiration of the license, require further written statements and may make such inspections as the department considers necessary in order to determine whether the license should be granted, denied, modified, suspended, or revoked. All applications and statements shall be signed by the applicant or licensee. The department may require an application or statement to be made under oath or affirmation.

(3) Each license shall be in such form and contain such terms and conditions as the department may by rule prescribe.

(4) No license issued pursuant to the provisions of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license may be assigned or in any manner disposed of.

(5) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules or orders issued in accordance with the provisions of this chapter.

(6) The department may require registration and inspection of persons dealing with sources of ionizing radiation which do not require a specific license and may require compliance with specific safety standards to be promulgated by the department.

(7) The department is authorized to exempt certain users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of the users will not constitute a significant risk to the health and safety of the public.

(8) Rules promulgated pursuant to this chapter may provide for recognition of such other state or federal licenses as the department considers desirable, subject to such registration requirements as the department prescribes.
Mont. Code Ann. § 50-43-108 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-108
50-43-108 Medication not required
Status: in_force

50-43-108 . Medication not required. This part does not require:

(1) a physician to prescribe calcium-EAP, harnosal, or phosetamin for any patient; or

(2) a physician, pharmacist, pharmacy, manufacturer, or distributor to manufacture, sell, or distribute calcium-EAP, harnosal, or phosetamin.
Mont. Code Ann. § 50-6-324 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-324
50-6-324 Advisory committee
Status: in_force

50-6-324 . Advisory committee. (1) The department may establish an advisory committee to assist in making determinations regarding:

(a) a request for waiver of licensing requirements as provided in 50-6-325 ;

(b) the resolution of a complaint as described in 50-6-323 ; and

(c) issuance of an order authorized under this part.

(2) The advisory committee must be established pursuant to rules adopted by the department.
Mont. Code Ann. § 50-52-206 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-206
50-52-206 Submission of plan of correction as bar to cancellation
Status: in_force

50-52-206 . Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.
Mont. Code Ann. § 50-50-401 — MT Code / Title 50 / Chapter 50 / Part 4 / Section 50-50-401
50-50-401 Tagging or declaration requirements for stored meat
Status: in_force

50-50-401 . Tagging or declaration requirements for stored meat. (1) The owner or operator of an establishment, as defined in this chapter, shall not receive the carcass of a game animal, game bird, or any quarter, half, or whole carcass of beef or veal unless:

(a) it is properly stamped or tagged; or

(b) a written declaration is filed by the owner stating how it was obtained, date placed in the locker, and weight and type of meat.

(2) A declaration made under subsection (1)(b) of this section shall be retained for 1 year and shall be open to inspection by employees of the department.
Mont. Code Ann. § 50-31-510 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-510
50-31-510 Condemnation of perishables
Status: in_force

50-31-510 . Condemnation of perishables. Whenever the department or any of its authorized agents find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable article which is unsound or contains any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the article being hereby declared to be a nuisance, the department or its authorized agent shall immediately condemn or destroy the article or in any other manner render the article unsalable as human food.
Mont. Code Ann. § 50-19-206 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-206
50-19-206 Genetic material related to newborn screening -- limitations -- retention
Status: in_force

50-19-206 . Genetic material related to newborn screening -- limitations -- retention. (1) Genetic material obtained to conduct the newborn screenings required under this part may not be used for any purposes other than the required screenings unless a parent or guardian consents in writing to use of the material for other purposes.

(2) A parent or guardian may request at any time that blood or other samples obtained for the screenings be destroyed:

(a) at any time after the initial test is completed, if the test results are within a normal range; or

(b) no sooner than 30 days after a test is completed, if the test results are outside of a normal range.

(3) The facility in which a child is born or newborn care is provided or the person responsible for registration of the birth of a newborn shall inform parents or guardians in writing of their rights under this section at or before the time of collection of any samples for newborn screenings. The notification must include information on how to submit a request for destruction of the samples.
Mont. Code Ann. § 50-60-118 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-118
50-60-118 Examination of single-family dwelling plans -- statewide approval for model plans -- fee adjustments -- mandatory checklist
Status: in_force

50-60-118 . Examination of single-family dwelling plans -- statewide approval for model plans -- fee adjustments -- mandatory checklist. (1) The department shall accept for examination and approval or disapproval all model construction plans for single-family dwellings submitted to the department.

(2) Once a model construction plan has been approved, the department shall indicate in writing on the approved plan that the plan is acceptable on a statewide basis and that no further examination is warranted except with respect to:

(a) zoning;

(b) footings, foundations, and basements;

(c) curbs;

(d) gutters;

(e) landscaping;

(f) utility connections;

(g) street requirements;

(h) sidewalks; and

(i) other requirements specifically related to the exterior of the building.

(3) Local building departments shall reduce plan examination fees commensurate with the reduced time and effort expended resulting from the department's examination provided for in subsection (1).

(4) This section may not be construed to reduce the requirements for obtaining permits for onsite inspection of the residence under construction pursuant to 50-60-106 .

(5) (a) The department shall devise a checklist for the examination of single-family dwelling construction plans by the department and by the building code enforcement officials of counties, cities, and towns.

(b) The checklist must be based upon the most recently adopted edition of the council of American building officials One and Two Family Dwelling Code, as amended.

(c) The checklist is subject to review and amendment by the building codes council provided for in 50-60-115 .

(d) The checklist must be made available to building contractors at a price that is commensurate with reproduction costs, and a building contractor who uses the checklist and attaches it to the plans that the contractor submits to the department or a county, city, or town for examination is entitled to receive the relevant building permit or notice of disapproval within 10 days of submission of the completed checklist.
Mont. Code Ann. § 50-16-542 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-542
50-16-542 Denial of examination and copying
Status: in_force

50-16-542 . Denial of examination and copying. (1) A health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:

(a) knowledge of the health care information would be injurious to the health of the patient;

(b) knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;

(c) knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;

(d) the health care information is data, as defined in 50-16-201 , that is compiled and used solely for utilization review, peer review, medical ethics review, quality assurance, or quality improvement;

(e) the health care information might contain information protected from disclosure pursuant to 50-15-121 and 50-15-122 ;

(f) the health care provider obtained the information from a person other than the patient; or

(g) access to the health care information is otherwise prohibited by law.

(2) Except as provided in 50-16-521 , a health care provider may deny access to health care information by a patient who is a minor if:

(a) the patient is committed to a mental health facility; or

(b) the patient's parents or guardian has not authorized the health care provider to disclose the patient's health care information.

(3) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) from information for which access cannot be denied and permit the patient to examine or copy the information subject to disclosure.

(4) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (1)(c), the provider shall permit examination and copying of the record by the patient's spouse, adult child, or parent or guardian or by another health care provider who is providing health care services to the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.
Mont. Code Ann. § 50-5-118 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-118
50-5-118 Nonprofit hospital reporting requirements -- rulemaking authority
Status: in_force

50-5-118 . (Effective January 1, 2027) Nonprofit hospital reporting requirements -- rulemaking authority. Each nonprofit hospital shall report its charity care and community benefit spending to the department of public health and human services in the manner provided for in 50-5-106 and by the department by rule. The report must include the following information related to the financial assistance and other community benefits spending the nonprofit hospital reported on schedule H of internal revenue service form 990 for the most recent tax year:

(1) the net community benefit expense the nonprofit hospital reported for community health improvement services and community benefit operations and for community building activities and how the expenses related to the needs identified in the most recent community health needs assessment the nonprofit hospital conducted as required under 26 U.S.C. 501(r)(3); and

(2) for expenses reported in the financial assistance at cost, other means-tested government programs, subsidized health services, and bad debt categories:

(a) the net community benefit expense amount reported on schedule H for financial assistance, other means-tested government programs, and subsidized health services;

(b) the total amount the nonprofit hospital reported for bad debt expenses;

(c) charitable contributions; and

(d) the net costs the nonprofit hospital incurred in each of those categories.
Mont. Code Ann. § 50-31-504 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-504
50-31-504 Notice and hearing required prior to prosecution
Status: in_force

50-31-504 . Notice and hearing required prior to prosecution. Before a violation of this chapter is reported to a state or county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department or its designated agent, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.
Mont. Code Ann. § 50-20-808 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-808
50-20-808 Construction
Status: in_force

50-20-808 . Construction. This part does not prohibit the application of the laws of this state protecting children to infants born alive during an attempted abortion.
Mont. Code Ann. § 50-73-302 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-302
50-73-302 Hoisting -- licensing of hoisting engineers
Status: in_force

50-73-302 . Hoisting -- licensing of hoisting engineers. Hoisting of personnel and licensing of hoisting engineers shall be performed in mines under the provisions of the law and rules and standards adopted by the department.
Mont. Code Ann. § 50-32-401 — MT Code / Title 50 / Chapter 32 / Part 4 / Section 50-32-401
50-32-401 Report required for precursor to controlled substance
Status: in_force

50-32-401 . Report required for precursor to controlled substance. (1) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to a person in this state shall submit a report to the department of justice detailing all transactions:

(a) phenyl-2-propanone;

(b) methylamine;

(c) d-lysergic acid;

(d) ergotamine tartrate;

(e) diethyl malonate;

(f) malonic acid;

(g) ethyl malonate;

(h) barbituric acid; and

(i) piperidine.

(2) The department of justice may adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act that add or delete substances on the list of regulated substances in subsection (1) if the substance is a precursor to a dangerous drug as defined in 50-32-101 .

(3) This section does not apply to any of the following:

(a) a pharmacist, veterinary dispensing technician, or other authorized person who sells or furnishes the substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;

(b) a physician, dentist, podiatrist, or veterinarian who administers or furnishes the substance to patients;

(c) a manufacturer or wholesaler licensed by the board of pharmacy who sells, transfers, or otherwise furnishes the substance to a licensed pharmacist, physician, dentist, podiatrist, or veterinarian;

(d) transfers of the substances listed in subsection (1) within any college or university to an employee or student of the college or university for the purpose of teaching or research authorized by the college or university.
Mont. Code Ann. § 50-9-501 — MT Code / Title 50 / Chapter 9 / Part 5 / Section 50-9-501
50-9-501 Health care declaration registry -- website -- rulemaking
Status: in_force

50-9-501 . Health care declaration registry -- website -- rulemaking. (1) The attorney general shall establish and maintain a health care declaration registry.

(2) The registry must be accessible through a website maintained by the attorney general.

(3) The registry must be used to store declarations pertaining to life-sustaining treatment made pursuant to 50-9-103 that are filed with the attorney general.

(4) The registry must be maintained in a secure database that is designed to provide authorized health care providers with immediate access to the registry at all times.

(5) The attorney general may adopt rules to implement the creation and maintenance of a health care declaration registry and for the creation and maintenance of the statewide education and outreach program created in 50-9-505 .
Mont. Code Ann. § 50-73-406 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-406
50-73-406 Minimum inspection intervals
Status: in_force

50-73-406 . Minimum inspection intervals. The department shall carefully examine all the coal mines in operation in this state at least semiannually and more often if necessary to see that every precaution is taken to ensure the safety of all workers that may be working in the coal mine.
Mont. Code Ann. § 50-78-102 — MT Code / Title 50 / Chapter 78 / Part 1 / Section 50-78-102
50-78-102 Definitions
Status: in_force

50-78-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Chemical manufacturer" means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution.

(2) "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the international union of pure and applied chemistry or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation.

(3) "Common name" means any designation or identification, such as code name, code number, trade name, brand name, or generic name, used to identify a chemical other than by its chemical name.

(4) "Department" means the department of environmental quality provided for in Title 2, chapter 15, part 35.

(5) "Designated representative" means:

(a) the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or

(b) a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization.

(6) "Distributor" means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers.

(7) "Employee" means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies.

(8) "Employer" means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers.

(9) "Exposure" means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure.

(10) "Hazardous chemical" means, except as provided in 50-78-103 :

(a) any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

(b) any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

(c) any emitter of ionizing radiation.

(11) "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.

(12) "Local fire chief" means the chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee.

(13) "Manufacturing employer" means an employer with a workplace classified in codes 31 through 33 of the North American Industry Classification System who manufactures, uses, or stores a hazardous chemical.

(14) "Material safety data sheet" means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information.

(15) "Nonmanufacturing employer" means an employer with a workplace classified in a North American Industry Classification System code other than 31 through 33.

(16) "OSHA standard" means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 CFR 1910.1200.

(17) "Trade secret" means a confidential formula, pattern, process, device, or information, including chemical name or other unique chemical identifier, that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors.

(18) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced, used, or stored and where employees are present.

(19) "Workplace" means an establishment at one geographical location containing one or more work areas.

(20) "Workplace chemical list" means the list of hazardous chemicals developed under subsection (e)(1)(i) of the OSHA standard or under this chapter.
Mont. Code Ann. § 50-71-112 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-112
50-71-112 Definitions
Status: in_force

50-71-112 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of labor and industry provided for in 2-15-1701 .

(2) "Employee" has the meaning provided in 39-71-118 .

(3) "Employer" has the meaning provided in 39-71-117 .

(4) "Health" means protection against occupational illness.

(5) "Inspection" means an onsite review of a workplace by the department to determine compliance with standards adopted under this part.

(6) "Private sector employer" means any employer that is not a public sector employer. The term includes for-profit and not-for-profit employers.

(7) (a) "Public sector employee" means an employee of a public sector employer.

(b) The term does not include a contractor.

(8) "Public sector employer" means:

(a) a state agency;

(b) each county in the state;

(c) each municipality in the state;

(d) each school district or community college; and

(e) any other political subdivision of the state.

(9) "Safety" means protection against occupational injury or death.

(10) "Safety consultation services" has the meaning provided in 39-71-1503 .

(11) "Standard" means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace.

(12) "State agency" means any branch of government, including a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget.

(13) "Workplace" means any site or location where an employee performs work for the employee's employer.
Mont. Code Ann. § 50-5-105 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-105
50-5-105 Discrimination prohibited
Status: in_force

50-5-105 . Discrimination prohibited. (1) All phases of the operation of a health care facility must be without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, as defined in 1-1-201 , age, marital status, physical or mental disability, or political ideas.

(2) (a) A health care facility may not refuse to admit a person to the facility solely because the person has an HIV-related condition.

(b) For the purposes of this subsection (2), the following definitions apply:

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

(ii) "HIV-related condition" means any medical condition resulting from an HIV infection, including but not limited to seropositivity for HIV.

(3) A person who operates a facility may not discriminate among the patients of licensed physicians. The free and confidential professional relationship between a licensed physician and patient must continue and remain unaffected.

(4) Except for a hospital that employs its medical staff, a hospital considering an application for staff membership or granting privileges within the scope of the applicant's license may not deny the application or privileges because the applicant is licensed under Title 37, chapter 6.
Mont. Code Ann. § 50-21-106 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-106
50-21-106 Penalty for unauthorized postmortem examinations
Status: in_force

50-21-106 . Penalty for unauthorized postmortem examinations. Unless authorized by law, any person who performs an autopsy, dissection, or other postmortem examination or causes it to be made is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not exceeding $500.
Mont. Code Ann. § 50-61-115 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-115
50-61-115 Notice of violations
Status: in_force

50-61-115 . Notice of violations. (1) When a building is found that is not in compliance with fire safety rules promulgated by the department of justice, the person making the inspection or the department shall serve a written notice upon the party whose duty it is to maintain the safety of the building.

(2) The notice must specify the time within which the defective conditions must be remedied.

(3) The notice is served if delivered to the person to be notified, if left with any adult person at the usual residence or place of business of the person to be notified, or if deposited in the post office directed to the last-known address of the person to be notified. Whenever buildings are managed and controlled by a board of trustees, board of commissioners, or other governing body, the notice is served if delivered to the president, secretary, or treasurer of the board of trustees, board of commissioners, or other governing body.
Mont. Code Ann. § 50-20-104 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-104
50-20-104 Definitions
Status: in_force

50-20-104 . Definitions. As used in this chapter, the following definitions apply:

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

(2) "Attempted abortion" or "attempted" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter.

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

(4) "Facility" means a hospital, health care facility, physician's office, or other place in which an abortion is performed.

(5) "Informed consent" means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:

(a) the physician who is to perform the abortion of the following information:

(i) the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

(ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and

(iii) the medical risks of carrying the child to term;

(b) the physician or an agent of the physician:

(i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(ii) that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and

(iii) that the woman has the right to review the printed materials described in 50-20-304 ; and

(c) the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion.

(6) (a) "Viability" means the ability of a fetus to live outside the mother's womb, albeit with artificial aid.

(b) A determination of viability must be:

(i) made in writing by the physician or physician assistant performing an abortion and include the review and record of an ultrasound; and

(ii) based on the best available science and survival data, with viability presumed at 24 weeks gestational age and any period of time after that. A calculation of gestational age must take into account a margin of error and, if uncertainty exists regarding viability, there is a presumption of viability.
Mont. Code Ann. § 50-74-212 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-212
50-74-212 Payment of costs resulting from refused access
Status: in_force

50-74-212 . Payment of costs resulting from refused access. The owner, engineer, or manager of any boiler who has refused access resulting in a department order must pay all transportation and hotel expenses of the inspector who makes the inspection directed by such order in addition to the inspection fee provided by law.
Mont. Code Ann. § 50-30-219 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-219
50-30-219 Ban of hazardous substance authorized
Status: in_force

50-30-219 . Ban of hazardous substance authorized. If the department finds that the hazard of an article subject to this chapter is such that labeling adequate to protect the public health and safety cannot be devised or the article presents an imminent danger to the public health and safety, the department may declare the article a banned hazardous substance and require its removal from commerce.
Mont. Code Ann. § 50-52-205 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-205
50-52-205 Cancellation of license
Status: in_force

50-52-205 . Cancellation of license. The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.
Mont. Code Ann. § 50-65-104 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-104
50-65-104 Marking on cigarette packaging
Status: in_force

50-65-104 . Marking on cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with 50-65-103 must be marked to indicate compliance with the requirements of 50-65-102 . The marking must be in 8-point type or larger and consist of:

(a) modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code;

(b) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or

(c) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards required in this chapter.

(2) A manufacturer may use only one marking and shall uniformly apply the marking to all packages, including but not limited to packs, cartons, and cases, and brands marketed by the manufacturer.

(3) The department of revenue must be notified of the marking that is selected.

(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the department of revenue for approval. Upon receipt of the request, the department of revenue shall approve or disapprove the marking offered, except that the department of revenue shall approve any marking in use and approved for sale in New York pursuant to New York executive law section 156-c, the New York fire safety standards for cigarettes. Proposed markings must be considered to be approved if the department of revenue fails to act within 10 business days of receiving a request for approval.

(5) A manufacturer may not modify its approved marking unless the modification has been approved by the department of revenue in accordance with this section.

(6) Manufacturers certifying cigarettes in accordance with 50-65-103 shall provide a copy of the certification to all wholesale dealers and agents to whom they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retail dealer to whom the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to whom they sell cigarettes.
Mont. Code Ann. § 50-19-104 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-104
50-19-104 Approved laboratory to perform syphilis, hepatitis B surface antigen, and rubella immunity tests
Status: in_force

50-19-104 . Approved laboratory to perform syphilis, hepatitis B surface antigen, and rubella immunity tests. (1) The tests for syphilis, hepatitis B surface antigen, and rubella immunity must be done by the laboratory of the department, a laboratory approved by the department, any other state laboratory, or a United States public health service or armed forces laboratory.

(2) The department may establish a reasonable fee for the tests done by the department laboratory.
Mont. Code Ann. § 50-5-114 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-114
50-5-114 Administrative enforcement -- notice -- order for corrective action
Status: in_force

50-5-114 . Administrative enforcement -- notice -- order for corrective action. (1) If the department believes that a violation of a provision of part 1 or 2 of this chapter or of a rule adopted or a condition or limitation imposed by a license issued pursuant to part 1 or 2 has occurred, it may serve written notice on the alleged violator or the violator's agent personally or by certified mail. The notice must specify the provision of part 1 or 2 of this chapter or the rule or license condition or limitation alleged to have been violated and the facts alleged to constitute the violation. The notice must inform the alleged violator of the right to a hearing and that the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the hearing. The notice may include an order to take necessary corrective action, including ceasing new admissions, relocating residents, or ceasing the violation within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is received, the person named requests in writing a hearing before the department. On receipt of the request, the department shall schedule a hearing. Until issuance of a contrary decision by the department, a department order concerning corrective action remains effective and enforceable.

(2) If, after a hearing held under subsection (1), the department finds that a violation has occurred, it shall issue an appropriate order for the prevention, abatement, or control of the violation involved or the taking of other corrective action. As appropriate, an order issued as part of a notice or after a hearing may prescribe the date by which the violation must cease and the time limits for particular action in preventing, abating, or controlling the violation. If, after a hearing on an order contained in a notice, the department finds that a violation has not occurred or is not occurring, it shall declare the order void.

(3) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing conducted pursuant to this section.

(4) Instead of or in addition to issuing the order provided for in subsection (1), the department may:

(a) require that the alleged violators appear before the department for a hearing at a time and place specified in the notice and answer the charges; or

(b) initiate action under any other applicable provisions of part 1 or 2 of this chapter.

(5) Before acting under this section, the department shall attempt to obtain voluntary compliance through a warning, conference, or any other appropriate means.

(6) In connection with a hearing held pursuant to this section, the department may and on application by a party shall compel the attendance of witnesses and the production of evidence on behalf of any party.
Mont. Code Ann. § 50-4-717 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-717
50-4-717 Criteria for commissioner approval of conversion transaction
Status: in_force

50-4-717 . Criteria for commissioner approval of conversion transaction. (1) The commissioner may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the commissioner may not disapprove the conversion transaction under the provisions of this part.

(2) In determining whether a conversion transaction is in the public interest, the commissioner shall consider:

(a) whether the transferor exercised due diligence in deciding to engage in a conversion transaction, selecting the transferee, and negotiating the terms and conditions of the conversion transaction;

(b) the procedures that the transferor used in making the decision, including whether appropriate expert assistance was used;

(c) whether any conflicts of interest were disclosed, including conflicts of interest of board members, executives, and experts retained by the transferor, transferee, or any other parties to the conversion transaction;

(d) whether the conversion has the likelihood of creating a significant adverse effect on the availability or accessibility of health care services or health insurance coverage in the affected community;

(e) whether the conversion transaction includes sufficient safeguards to ensure that the affected community will have continued access to affordable health care;

(f) whether any management contract under the conversion transaction is for reasonable value; and

(g) whether the conversion transaction:

(i) is equitable to the public interest, enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;

(ii) is in compliance with Title 33, chapters 30 and 31;

(iii) ensures that the transferee will possess surplus in an amount sufficient to comply with the surplus required under law and provide for the security of the transferee's certificate holders, if any, and policyholders.

(3) In making the determination required under this section, the commissioner may not determine that a conversion transaction is in the public interest unless the nonprofit health entity considered the risks of a conversion transaction, including whether a conversion transaction:

(a) would result in inefficient economies of scale; or

(b) would violate federal or state antitrust laws.

(4) If an agreement for the conversion of a nonprofit health entity requires payment of money, as liquidated damages or otherwise, in the event of a breach of the agreement by the nonprofit health entity, the commissioner shall determine whether and to what extent the payment by the nonprofit health entity is in the public interest.
Mont. Code Ann. § 50-73-401 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-401
50-73-401 Coal mine inspector
Status: in_force

50-73-401 . Coal mine inspector. (1) The department shall employ an adequate number of qualified coal mine inspectors for the enforcement of this chapter and shall prescribe their duties.

(2) A person is not eligible to be a state coal mine inspector unless the person is a citizen of the United States, is a resident of this state, and has been actually employed in coal mining for 5 years before the appointment.

(3) A state coal mine inspector may not act as the agent for a corporation, superintendent, or manager of a mine and may not be in the employ of mining companies or interested in any way in coal mining operations, either as owner, lessee, or otherwise.
Mont. Code Ann. § 50-1-403 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-403
50-1-403 Terminated
Status: in_force

50-1-403 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-15-204 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-204
50-15-204 Delayed or amended birth certificate
Status: in_force

50-15-204 . Delayed or amended birth certificate. (1) (a) If a certificate of birth for a person born in this state has not been filed within 1 year of the birth, a delayed certificate of birth may be filed in accordance with rules adopted by the department. A delayed certificate of birth may not be registered until the requirements regarding facts pertaining to the delayed certificate, as specified by rule, have been met.

(b) A birth of a person in this state whose name has not been registered within 1 year after the birth must be registered on a delayed certificate of birth form. The delayed certificate must contain the date of registration and a summary statement of the information submitted to explain the delayed registration.

(c) A delayed certificate of birth may not be registered for a deceased person.

(d) The department may not register a delayed certificate of birth if an applicant for a delayed certificate of birth does not submit the minimum documentation required by rule for delayed registration or if the department has cause to question the validity or adequacy of the applicant's sworn statement or the documentation provided to establish the facts and the deficiencies are not corrected. The department shall advise the applicant of the reasons for the refusal to register the delayed certificate of birth. The department shall advise the applicant of the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed certificate of birth as provided in 50-15-222 .

(e) The department may, by rule, provide for the dismissal of an application for registration of a delayed certificate of birth that is not actively pursued.

(2) The department or its designee may amend a birth, death, or fetal death certificate upon submitting proof as required by the department.

(3) The department shall adopt rules establishing the circumstances under which vital records may be corrected or amended and the procedure to correct or amend those records.

(4) If a birth certificate is amended by the department after filing, the certificate must show the date of the amendment and the mark "amended". A summary statement of the evidence in support of the amendment must be endorsed on the certificate.

(5) The probative value of a "delayed" or "amended" certificate of birth is determined by the judicial or administrative body before whom the certificate is offered as evidence.
Mont. Code Ann. § 50-30-105 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-105
50-30-105 Publication of information by department
Status: in_force

50-30-105 . Publication of information by department. (1) The department may cause to be published from time to time reports summarizing any judgments, research findings, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.

(2) The department may also cause to be disseminated information regarding hazardous substances in situations involving imminent danger to health.

(3) Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
Mont. Code Ann. § 50-57-106 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-106
50-57-106 Injunctions
Status: in_force

50-57-106 . Injunctions. The regulatory authority may bring an action for an injunction against the continuation of an alleged violation of this chapter or a rule adopted by the department under this chapter.
Mont. Code Ann. § 50-17-108 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-108
50-17-108 Commitment on noncompliance with order to be examined or treated
Status: in_force

50-17-108 . Commitment on noncompliance with order to be examined or treated. (1) If a person fails to comply with an order issued pursuant to 50-17-107 to submit to an examination for tuberculosis within the time set, the court shall order the person committed to a hospital to determine if the person has tuberculosis and, if so, whether the person is infectious.

(2) If a person fails to comply with an order issued pursuant to 50-17-107 to complete an approved course of treatment, the court shall order the person to be restricted to a treatment location to complete an approved course of treatment under the supervision of a local health officer, the officer's designee, or a physician or other health care professional designated by the department.
Mont. Code Ann. § 50-73-305 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-305
50-73-305 Specific prohibitions and safety precautions
Status: in_force

50-73-305 . Specific prohibitions and safety precautions. (1) A person may not enter a mine that is generating firedamp in great enough quantities to be detected by a safety lamp until the mine examiners make a report to the department.

(2) A person, unless accompanied by the mine examiner, may not go beyond a danger signal until all standing gas discovered has been removed or diluted and rendered harmless by a current of air. A person ordered to withdraw by the mine supervisor or mine examiner from the mine on account of the interruption of the ventilation may not reenter the mine until given permission to do so by the mine supervisor.

(3) A person other than the mine examiner may not remove any caution board or danger signal placed at the entrance to any working place or at the entrance to any old workings in a mine.

(4) A person may not erase or change a mark of reference or monument made in connection with a measurement, change marks or dates on any caution board, erase or change the dates at room or entry face when made by the mine examiner, take for the person's use a life check not issued to the person under rules adopted by the department, change the checks on cars, wrongfully check a car, or do any act with intent to defraud.

(5) A person may not take anything containing fire into an underground mine, except as provided for in rules adopted by the department.

(6) A person may not place refuse in or obstruct an airway or breakthrough used as an airway. A worker or other person may not damage or alter a water gauge, barometer, aircourse, brattice equipment, machinery, or livestock, obstruct or throw open any airway, handle or disturb any part of the machinery of the hoisting engine of a mine, open a door of a mine and neglect to close it, endanger the miners or those working in the mine, disobey an order given in pursuance of law, or do a willful act endangering the lives or health of persons working there or the security of a mine or machinery.
Mont. Code Ann. § 50-20-602 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-602
50-20-602 Definitions
Status: in_force

50-20-602 . Definitions. As used in this part, the following definitions apply:

(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum.

(2) "Gestational age" means the age of an unborn child, calculated from the first day of the woman's last menstrual period.

(3) "Knowing" or "knowingly" has the meaning provided in 45-2-101 .

(4) (a) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of the woman's pregnancy without first determining gestational age in order to avert the woman's death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(b) The term does not include a condition that is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.

(5) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion.

(6) "Probable gestational age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or attempted.

(7) "Purposeful" or "purposely" has the meaning provided in 45-2-101 .

(8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent medical practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(9) "Serious health risk to the unborn child's mother" means that, in reasonable medical judgment, the mother has a condition that so complicates the mother's medical condition that it necessitates the abortion of the mother's pregnancy to avert the mother's death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No greater risk may be determined to exist if it is based on a claim or diagnosis that the mother will engage in conduct that the mother intends to result in the mother's death or in substantial and irreversible impairment of a major bodily function.

(10) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth.
Mont. Code Ann. § 50-71-120 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-120
50-71-120 Stop-work orders
Status: in_force

50-71-120 . Stop-work orders. (1) The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:

(a) the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;

(b) the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and

(c) the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:

(i) immediately correct the violation; or

(ii) suspend the unsafe operation until the violation is corrected.

(2) The temporary stop-work order must be in writing and specify:

(a) the location of the workplace;

(b) the specific standard that is being violated;

(c) the nature of the risk posed by the violation;

(d) the date and the time that the temporary stop-work order is issued; and

(e) the name, employment address, and work telephone number of the person issuing the temporary stop-work order.

(3) The temporary stop-work order is effective upon communication or delivery to any one of the following:

(a) the public sector employer's onsite supervisor at the workplace;

(b) the public sector employer's manager in charge of workplace operations; or

(c) the chief executive of the public sector employer.

(4) A copy of the temporary stop-work order must be promptly posted by the department at the workplace. A posted temporary stop-work order may not be removed by any person while it is in effect.

(5) A temporary stop-work order is effective for 72 hours unless:

(a) the violation is corrected to the satisfaction of the department; or

(b) the temporary stop-work order is stayed by order of a district court judge following actual notice to the department and the public sector employer.

(6) The violation of a temporary stop-work order or the unauthorized removal of a posted copy of a temporary stop-work order is punishable as a contempt of court.

(7) As used in this section, the term "serious bodily injury" has the same meaning as provided in 45-2-101 .
Mont. Code Ann. § 50-57-103 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-103
50-57-103 Department authorized to adopt rules
Status: in_force

50-57-103 . Department authorized to adopt rules. (1) The department shall adopt rules relating to the operation of establishments, including rules:

(a) setting standards to ensure sanitation and safety in establishments to protect public health and safety;

(b) relating to the licensing of establishments;

(c) providing procedures for enforcement of the laws and rules relating to establishments;

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

(e) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-57-305 .

(2) To the extent feasible, the rules must be consistent with rules adopted to implement chapter 50.
Mont. Code Ann. § 50-4-1104 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1104
50-4-1104 Exercise of conscience not grounds for loss of privileges, immunities, or public benefits
Status: in_force

50-4-1104 . Exercise of conscience not grounds for loss of privileges, immunities, or public benefits. The exercise of conscience not to participate in a health care service by a medical practitioner, health care institution, or health care payer may not be grounds for loss of any privileges or immunities or for the loss of any public benefits. This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111 .
Mont. Code Ann. § 50-17-110 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-110
50-17-110 Confinement in hospital or treatment location -- submission to treatment
Status: in_force

50-17-110 . Confinement in hospital or treatment location -- submission to treatment. (1) A person committed under 50-17-107 or 50-17-108 shall remain at the hospital or treatment location until discharged under 50-17-112 or 50-17-113 . However, the person is not required to submit to medical or surgical treatment without the person's written consent, the consent of the person's next of kin or guardian if the person is incompetent, or the consent of the person's parent or guardian if the person is a minor.

(2) The person in charge of the hospital or the person supervising an approved course of treatment for a person at a treatment location may use reasonable means to ensure that the person committed remains at the hospital or location.
Mont. Code Ann. § 50-1-402 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-402
50-1-402 Terminated
Status: in_force

50-1-402 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-51-107 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-107
50-51-107 Provision of nursing services or personal-care services by facility prohibited
Status: in_force

50-51-107 . Provision of nursing services or personal-care services by facility prohibited. (1) Hotels, motels, boardinghouses, roominghouses, or similar accommodations may not provide professional nursing services or personal-care services. A resident of a hotel, motel, boardinghouse, roominghouse, or similar accommodation may have personal-care, medical, or nursing-related services provided for the resident in the facility by a third-party provider.

(2) Whenever a complaint is filed with the department that a person in need of professional nursing services is residing in a roominghouse or other similar accommodation not licensed to provide that service, the department shall investigate and may require appropriate care or placement of the person if it is found that professional nursing services are needed.
Mont. Code Ann. § 50-2-118 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-118
50-2-118 Powers and duties of local health officers
Status: in_force

50-2-118 . Powers and duties of local health officers. (1) Except as provided in subsection (3), in order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:

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

(b) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;

(c) report communicable diseases to the department as required by rule;

(d) establish and maintain quarantine and isolation measures as adopted by the local board of health; and

(e) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.

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

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

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

(3) A local health officer may not enforce a regulation, directive, mandate, or order or issue an order that is in violation of 50-2-116 (5).

(4) The prohibitions provided for in 50-2-116 (5) do not restrict a local health officer from exercising the local health officer's authority under 50-2-123 or this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.
Mont. Code Ann. § 50-9-104 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-104
50-9-104 Revocation of declaration
Status: in_force

50-9-104 . Revocation of declaration. (1) A declarant may revoke a declaration at any time and in any manner, without regard to mental or physical condition. A revocation is effective upon its communication to the attending physician, attending advanced practice registered nurse, or other health care provider by the declarant or a witness to the revocation. A health care provider or emergency medical services personnel witnessing a revocation shall act upon the revocation and shall communicate the revocation to the attending physician or attending advanced practice registered nurse at the earliest opportunity. A revocation communicated to a person other than the attending physician, attending advanced practice registered nurse, emergency medical services personnel, or health care provider is not effective unless the attending physician or attending advanced practice registered nurse is informed of it before the qualified patient is in need of life-sustaining treatment.

(2) The attending physician, attending advanced practice registered nurse, or other health care provider shall make the revocation a part of the declarant's medical record.
Mont. Code Ann. § 50-5-238 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-238
50-5-238 Licensure of intermediate care facility for developmentally disabled -- rulemaking
Status: in_force

50-5-238 . Licensure of intermediate care facility for developmentally disabled -- rulemaking. (1) The department shall adopt procedures for licensing intermediate care facilities for the developmentally disabled. A person may not operate an intermediate care facility for the developmentally disabled without a license. The application for a license must include:

(a) the name and address of the applicant;

(b) the location of the intermediate care facility for the developmentally disabled;

(c) the name of the person or persons who will manage or supervise the intermediate care facility for the developmentally disabled;

(d) the number of persons with developmental disabilities who will receive care at the intermediate care facility for the developmentally disabled; and

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

(2) The department may adopt rules establishing standards for licensing intermediate care facilities for the developmentally disabled. The standards must address the protection of residents' rights, individual resident treatment and habilitation needs, staffing requirements, including qualifications, resident behavior and facility practices, health care services, physical environment, dietetic services, and recordkeeping.
Mont. Code Ann. § 50-15-407 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-407
50-15-407 Disinterment permit
Status: in_force

50-15-407 . Disinterment permit. (1) A body, after burial, may be disinterred for reinterment or transport after a permit is obtained from the local registrar of the jurisdiction where the body is interred.

(2) Administration of this section is in the department, which shall adopt rules accordingly. The rules shall provide that, as a precondition to the permit, the applicant make a showing of reasonable cause for the disinterment.

(3) This section provides a supplementary procedure for disinterment of a dead body and is not amendatory to or repealing of any other act.
Mont. Code Ann. § 50-5-302 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-302
50-5-302 Letter of intent -- application and review process -- rulemaking
Status: in_force

50-5-302 . Letter of intent -- application and review process -- rulemaking. (1) The department may adopt rules including but not limited to rules for:

(a) the form and content of letters of intent and applications;

(b) the scheduling of reviews;

(c) the format of public informational hearings and reconsideration hearings;

(d) the circumstances under which applications may be comparatively reviewed; and

(e) the circumstances under which a certificate of need may be approved for the use of hospital beds to provide skilled nursing care, intermediate nursing care, or intermediate developmental disability care to patients or residents needing only that level of care.

(2) At least 30 days before any person or persons acquire or enter into a contract to acquire 50% or more of an existing long-term care facility, they shall submit to the department a letter noting intent to acquire the facility and of the services to be offered in the facility and its bed capacity.

(3) Any person intending to initiate an activity for which a certificate of need is required shall submit a letter of intent to the department.

(4) The department may determine that the proposals should be comparatively reviewed with similar proposals that are also subject to review.

(5) On the 10th day of each month, the department shall publish on the department's website a description of each letter of intent received by the department during the preceding calendar month. Within 30 days of the publication, any person who desires comparative review with a proposal described in the publication must submit a letter of intent requesting comparative review.

(6) The department shall give to each person submitting a letter of intent written notice of the deadline for submission of an application for certificate of need, which will be no less than 30 days after the notice is sent.

(7) Within 20 working days after receipt of an application, the department shall determine whether it is complete and, if the application is found incomplete, shall send a written request to the applicant specifying the necessary additional information and a date by which the additional information must be submitted to the department. The department shall allow at least 15 days after the mailing of its written request for the submission of the additional information. Upon receipt of the additional information from the applicant, the department has an additional 15 working days to determine if the application is complete and, if the application is still incomplete, to send a notice to the applicant that the application is incomplete.

(8) If the applicant fails to submit the necessary additional information requested by the department by the deadline prescribed by the department, the application is considered withdrawn.

(9) If the department fails to send either the request for additional information or the notice of incompleteness required by subsection (7) within the period prescribed in subsection (7), the application is considered to be complete on the last day of the time period during which the notice should have been sent.

(10) The review period for an application may be no longer than 90 calendar days after the application is initially received or, if the application is to be comparatively reviewed as provided in subsection (5), within 90 days after all applications to be comparatively reviewed are received. A longer period is permitted with the consent of all affected applicants.

(11) During the review period a public hearing may be held if requested by an affected person or when considered appropriate by the department.

(12) Each completed application may be considered in relation to other applications pertaining to similar types of facilities affecting the same health service area.

(13) The department shall, after considering all comments received during the review period, issue a certificate of need, with or without conditions, or deny the application. The department shall notify the applicant and affected persons of its decision within 5 working days after expiration of the review period.

(14) If the department fails to reach a decision and notify the applicant of its decision within the deadlines established in this section and if that delay constitutes an abuse of the department's discretion, the applicant may apply to district court for a writ of mandamus to force the department to issue the certificate of need.
Mont. Code Ann. § 50-20-706 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-706
50-20-706 Prohibition on providing abortion-inducing drugs at elementary, secondary, and postsecondary schools
Status: in_force

50-20-706 . Prohibition on providing abortion-inducing drugs at elementary, secondary, and postsecondary schools. An abortion-inducing drug may not be provided in an elementary, secondary, or postsecondary school facility or on school grounds.
Mont. Code Ann. § 50-63-204 — MT Code / Title 50 / Chapter 63 / Part 2 / Section 50-63-204
50-63-204 Penalty for failure to investigate or file report
Status: in_force

50-63-204 . Penalty for failure to investigate or file report. Any person who fails to comply with the requirements of this part shall be fined not less than $25 or more than $200.
Mont. Code Ann. § 50-43-103 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-103
50-43-103 Authorization of medication
Status: in_force

50-43-103 . Authorization of medication. The manufacture, sale, possession, and distribution of calcium-EAP, harnosal, and phosetamin to provide for the continuation of medication initiated by a physician for multiple sclerosis are lawful within this state.
Mont. Code Ann. § 50-5-101 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-101
50-5-101 Definitions
Status: in_force

50-5-101 . (Temporary) Definitions. As used in parts 1 through 3 of this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Accreditation" means a designation of approval.

(2) "Activities of daily living" means tasks usually performed in the course of a normal day in a resident's life that include eating, walking, mobility, dressing, grooming, bathing, toileting, and transferring.

(3) "Adult day-care center" means a facility, freestanding or connected to another health care facility, that provides adults, on a regularly scheduled basis, with the care necessary to meet the needs of daily living but that does not provide overnight care.

(4) (a) "Adult foster care home" means a private home or other facility that offers, except as provided in 50-5-216 , only light personal care or custodial care to four or fewer disabled adults or aged persons who are not related to the owner or manager of the home by blood, marriage, or adoption or who are not under the full guardianship of the owner or manager.

(b) As used in this subsection (4), the following definitions apply:

(i) "Aged person" means a person as defined by department rule as aged.

(ii) "Custodial care" means providing a sheltered, family-type setting for an aged person or disabled adult so as to provide for the person's basic needs of food and shelter and to ensure that a specific person is available to meet those basic needs.

(iii) "Disabled adult" means a person who is 18 years of age or older and who is defined by department rule as disabled.

(iv) (A) "Light personal care" means assisting the aged person or disabled adult in accomplishing such personal hygiene tasks as bathing, dressing, and hair grooming and supervision of prescription medicine administration.

(B) The term does not include the administration of prescription medications.

(5) "Affected person" means an applicant for a certificate of need, a long-term care facility located in the geographic area affected by the application, an agency that establishes rates for long-term care facilities, or a third-party payer who reimburses long-term care facilities in the area affected by the proposal.

(6) "Assisted living facility" means a congregate residential setting that provides or coordinates personal care, 24-hour supervision and assistance, both scheduled and unscheduled, and activities and health-related services.

(7) "Capital expenditure" means:

(a) an expenditure made by or on behalf of a long-term care facility that, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance; or

(b) a lease, donation, or comparable arrangement that would be a capital expenditure if money or any other property of value had changed hands.

(8) "Certificate of need" means a written authorization by the department for a person to proceed with a proposal subject to 50-5-301 .

(9) "Clinical laboratory" means a facility for the microbiological, serological, chemical, hematological, radiobioassay, cytological, immunohematological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition.

(10) "Comparative review" means a joint review of two or more certificate of need applications that are determined by the department to be competitive in that the granting of a certificate of need to one of the applicants would substantially prejudice the department's review of the other applications.

(11) "Congregate" means the provision of group services designed especially for elderly or disabled persons who require supportive services and housing.

(12) "Construction" means the physical erection of a new health care facility and any stage of the physical erection, including groundbreaking, or remodeling, replacement, or renovation of:

(a) an existing health care facility; or

(b) a long-term care facility as defined in 50-5-301 .

(13) "Critical access hospital" means a facility that is located in a rural area, as defined in federal regulations adopted by the U.S. centers for medicare and medicaid services, and that has been designated by the department as a critical access hospital pursuant to 50-5-233 .

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

(15) "Eating disorder center" means a facility that specializes in the treatment of eating disorders.

(16) "End-stage renal dialysis facility" means a facility that specializes in the treatment of kidney diseases and includes freestanding hemodialysis units.

(17) "Experimental treatment center" means a facility that specializes in providing experimental treatments pursuant to Title 50, chapter 12, part 1.

(18) "Federal acts" means federal statutes for the construction of health care facilities.

(19) "Governmental unit" means the state, a state agency, a county, municipality, or political subdivision of the state, or an agency of a political subdivision.

(20) (a) "Health care facility" or "facility" means all or a portion of an institution, building, or agency, private or public, excluding federal facilities, whether organized for profit or not, that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any individual. The term includes abortion clinics as defined in 50-20-901 , critical access hospitals, eating disorder centers, end-stage renal dialysis facilities, experimental treatment centers, home health agencies, home infusion therapy agencies, hospices, hospitals, infirmaries, long-term care facilities, intermediate care facilities for the developmentally disabled, mental health centers, outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, residential care facilities, residential treatment facilities, residential treatment centers, rural emergency hospitals, and substance use disorder facilities.

(b) The term does not include offices of private physicians, dentists, or other physical or mental health care workers regulated under Title 37, including licensed addiction counselors.

(21) "Home health agency" means a public agency or private organization or subdivision of the agency or organization that is engaged in providing home health services to individuals in the places where they live. Home health services must include the services of a licensed registered nurse and at least one other therapeutic service and may include additional support services.

(22) "Home infusion therapy agency" means a health care facility that provides home infusion therapy services.

(23) "Home infusion therapy services" means the preparation, administration, or furnishing of parenteral medications or parenteral or enteral nutritional services to an individual in that individual's residence. The services include an educational component for the patient, the patient's caregiver, or the patient's family member.

(24) "Hospice" means a coordinated program of home and inpatient health care that provides or coordinates palliative and supportive care to meet the needs of a terminally ill patient and the patient's family arising out of physical, psychological, spiritual, social, and economic stresses experienced during the final stages of illness and dying and that includes formal bereavement programs as an essential component. The term includes:

(a) an inpatient hospice facility, which is a facility managed directly by a medicare-certified hospice that meets all medicare certification regulations for freestanding inpatient hospice facilities; and

(b) a residential hospice facility, which is a facility managed directly by a licensed hospice program that can house three or more hospice patients.

(25) (a) "Hospital" means a facility providing, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick individuals. Except as otherwise provided by law, services provided must include medical personnel available to provide emergency care onsite 24 hours a day and may include any other service allowed by state licensing authority. A hospital has an organized medical staff that is on call and available within 20 minutes, 24 hours a day, 7 days a week, and provides 24-hour nursing care by licensed registered nurses. The term includes:

(i) hospitals specializing in providing health services for psychiatric, developmentally disabled, and tubercular patients; and

(ii) specialty hospitals.

(b) The term does not include critical access hospitals or rural emergency hospitals.

(c) The emergency care requirement for a hospital that specializes in providing health services for psychiatric, developmentally disabled, or tubercular patients is satisfied if the emergency care is provided within the scope of the specialized services provided by the hospital and by providing 24-hour nursing care by licensed registered nurses.

(26) "Infirmary" means a facility located in a university, college, government institution, or industry for the treatment of the sick or injured, with the following subdefinitions:

(a) an "infirmary--A" provides outpatient and inpatient care;

(b) an "infirmary--B" provides outpatient care only.

(27) (a) "Intermediate care facility for the developmentally disabled" means a facility or part of a facility that provides intermediate developmental disability care for two or more persons.

(b) The term does not include community homes for persons with developmental disabilities that are licensed under 53-20-305 or community homes for persons with severe disabilities that are licensed under 52-4-203 .

(28) "Intermediate developmental disability care" means the provision of intermediate nursing care services, health-related services, and social services for persons with a developmental disability, as defined in 53-20-102 , or for persons with related problems.

(29) "Intermediate nursing care" means the provision of nursing care services, health-related services, and social services under the supervision of a licensed nurse to patients not requiring 24-hour nursing care.

(30) "Licensed health care professional" means a licensed physician, physician assistant, advanced practice registered nurse, or registered nurse who is practicing within the scope of the license issued by the department of labor and industry.

(31) (a) "Long-term care facility" means a facility or part of a facility that provides skilled nursing care, residential care, intermediate nursing care, or intermediate developmental disability care to a total of two or more individuals or that provides personal care.

(b) The term does not include community homes for persons with developmental disabilities licensed under 53-20-305 ; community homes for persons with severe disabilities, licensed under 52-4-203 ; youth care facilities, licensed under 52-2-622 ; hotels, motels, boardinghouses, roominghouses, or similar accommodations providing for transients, students, or individuals who do not require institutional health care; or correctional facilities operating under the authority of the department of corrections.

(32) "Mental health center" means a facility providing services for the prevention or diagnosis of mental illness, the care and treatment of mentally ill patients, the rehabilitation of mentally ill individuals, or any combination of these services.

(33) "Nonprofit health care facility" means a health care facility owned or operated by one or more nonprofit corporations or associations.

(34) "Offer" means the representation by a health care facility that it can provide specific health services.

(35) (a) "Outdoor behavioral program" means a program that provides treatment, rehabilitation, and prevention for behavioral problems that endanger the health, interpersonal relationships, or educational functions of a youth and that:

(i) serves either adjudicated or nonadjudicated youth;

(ii) charges a fee for its services; and

(iii) provides all or part of its services in the outdoors.

(b) "Outdoor behavioral program" does not include recreational programs such as boy scouts, girl scouts, 4-H clubs, or other similar organizations.

(36) "Outpatient center for primary care" means a facility that provides, under the direction of a licensed physician, either diagnosis or treatment, or both, to ambulatory patients and that is not an outpatient center for surgical services.

(37) "Outpatient center for surgical services" means a clinic, infirmary, or other institution or organization that is specifically designed and operated to provide surgical services to patients not requiring hospitalization and that may include recovery care beds.

(38) "Patient" means an individual obtaining services, including skilled nursing care, from a health care facility.

(39) "Person" means an individual, firm, partnership, association, organization, agency, institution, corporation, trust, estate, or governmental unit, whether organized for profit or not.

(40) "Personal care" means the provision of services and care for residents who need some assistance in performing the activities of daily living.

(41) "Practitioner" means an individual licensed by the department of labor and industry who has assessment, admission, and prescription authority.

(42) "Recovery care bed" means, except as provided in 50-5-235 , a bed occupied for less than 24 hours by a patient recovering from surgery or other treatment.

(43) "Rehabilitation facility" means a facility that is operated for the primary purpose of assisting in the rehabilitation of disabled individuals by providing comprehensive medical evaluations and services, psychological and social services, or vocational evaluation and training or any combination of these services and in which the major portion of the services is furnished within the facility.

(44) "Resident" means an individual who is in a long-term care facility or in a residential care facility.

(45) "Residential care facility" means an adult day-care center, an adult foster care home, an assisted living facility, or a retirement home.

(46) "Residential psychiatric care" means active psychiatric treatment provided in a residential treatment facility to psychiatrically impaired individuals with persistent patterns of emotional, psychological, or behavioral dysfunction of such severity as to require 24-hour supervised care to adequately treat or remedy the individual's condition. Residential psychiatric care must be individualized and designed to achieve the patient's discharge to less restrictive levels of care at the earliest possible time.

(47) "Residential treatment center" means a facility that offers primary mental health services, assessment, counseling, skilled nursing services, medication management, co-occurring substance use disorder treatment, and behavioral health treatment in a residential setting 24 hours a day to youth under 19 years of age whose mental health needs are not met in other settings.

(48) "Residential treatment facility" means a facility operated for the primary purpose of providing residential psychiatric care to individuals under 21 years of age.

(49) "Retirement home" means a building or buildings in which separate living accommodations are rented or leased to individuals who use those accommodations as their primary residence.

(50) "Rural emergency hospital" means a facility defined in 42 U.S.C. 1395x(kkk)(2) that is designated by the department as a rural emergency hospital in accordance with 50-5-234 .

(51) "Skilled nursing care" means the provision of nursing care services, health-related services, and social services under the supervision of a licensed registered nurse on a 24-hour basis.

(52) (a) "Specialty hospital" means a subclass of hospital that is exclusively engaged in the diagnosis, care, or treatment of one or more of the following categories:

(i) patients with a cardiac condition;

(ii) patients with an orthopedic condition;

(iii) patients undergoing a surgical procedure; or

(iv) patients treated for cancer-related diseases and receiving oncology services.

(b) For purposes of this subsection (52), a specialty hospital may provide other services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick individuals as otherwise provided by law if the care encompasses 35% or less of the hospital services.

(c) The term "specialty hospital" does not include:

(i) psychiatric hospitals;

(ii) rehabilitation hospitals;

(iii) children's hospitals;

(iv) long-term care hospitals;

(v) critical access hospitals; or

(vi) rural emergency hospitals.

(53) "State long-term care facilities plan" means the plan prepared by the department to project the need for long-term care facilities within Montana and approved by the governor and a statewide health coordinating council appointed by the director of the department.

(54) "Substance use disorder facility" means a facility whose function is the treatment, rehabilitation, and prevention of the use of any chemical substance, including alcohol, that creates behavioral or health problems and endangers the physical or mental health, interpersonal relationships, or economic function of an individual or the public health, welfare, or safety.

(55) "Swing bed" means a bed approved pursuant to 42 U.S.C. 1395tt to be used to provide either acute care or extended skilled nursing care to a patient.
Mont. Code Ann. § 50-6-320 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-320
50-6-320 Private air ambulance service -- findings -- exemptions from insurance code
Status: in_force

50-6-320 . Private air ambulance service -- findings -- exemptions from insurance code. (1) The legislature finds that there is a need to assist Montana consumers with regard to the availability and affordability of air ambulance service.

(2) Except as provided in subsection (3), a private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services to subscription members and designated members of their households is not an insurer as defined in 33-1-201 , a health carrier as defined in 33-36-103 , a health service corporation as defined in 33-30-101 , or a health maintenance organization as defined in 33-31-102 if the private air ambulance service:

(a) is licensed in accordance with 50-6-306 ;

(b) has been in operation in Montana for at least 2 years; and

(c) has submitted evidence of its compliance with this section to the department.

(3) The provisions of Title 33 prescribed in 33-2-2212 apply to a private air ambulance service that offers a membership program covering out-of-pocket expenses in excess of deductibles, copays, and coinsurance incurred for out-of-network services using the private air ambulance service or to private air ambulance services that are out-of-network and with which the membership program has reciprocity.

(4) A private air ambulance service membership program must have reciprocity agreements with all other air ambulance service providers in Montana with air ambulance service membership programs to ensure maximum geographic coverage within the state for the subscribers to the program.
Mont. Code Ann. § 50-20-713 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-713
50-20-713 Construction
Status: in_force

50-20-713 . Construction. This part may not be construed to:

(1) create or recognize a right to abortion;

(2) make lawful an abortion that is otherwise unlawful; or

(3) repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.
Mont. Code Ann. § 50-16-552 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-552
50-16-552 Civil enforcement
Status: in_force

50-16-552 . Civil enforcement. The attorney general or appropriate county attorney may maintain a civil action to enforce this part. The court may order any relief authorized by 50-16-553 .
Mont. Code Ann. § 50-1-102 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-102
50-1-102 Legal adviser to department
Status: in_force

50-1-102 . Legal adviser to department. The attorney general is legal adviser to the department. If the county attorney fails to act and with the approval of the attorney general, the department may retain special counsel and compensate the special counsel from appropriations to the department.
Mont. Code Ann. § 50-19-212 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-212
50-19-212 State special revenue account
Status: in_force

50-19-212 . State special revenue account. There is an account in the state special revenue fund to the credit of the department to be used solely for the purposes provided in 50-19-211 .
Mont. Code Ann. § 50-51-202 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-202
50-51-202 Application for license
Status: in_force

50-51-202 . Application for license. Application for a license shall be made in writing to the department on such forms and with such pertinent information as it considers necessary.
Mont. Code Ann. § 50-16-501 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-501
50-16-501 Short title
Status: in_force

50-16-501 . Short title. This part may be cited as the "Uniform Health Care Information Act".
Mont. Code Ann. § 50-6-317 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-317
50-6-317 Liability protection
Status: in_force

50-6-317 . Liability protection. (1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician, physician assistant, or nurse, if the instructions given by the physician, physician assistant, or nurse are:

(a) consistent with the protocols and the offline medical direction plan approved by the department in licensing the emergency medical service; and

(b) consistent with the level of licensure of the emergency medical services personnel instructed by the physician, physician assistant, or nurse.

(2) An individual who volunteers or who is reimbursed $5,000 or less in any 12-month period for providing offline medical direction is not liable for civil damages for an injury resulting from the performance of the individual's offline medical direction duties, except damages for an injury resulting from the gross negligence of the individual.
Mont. Code Ann. § 50-16-1002 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1002
50-16-1002 Statement of purpose
Status: in_force

50-16-1002 . Statement of purpose. (1) The legislature recognizes that the epidemic of human immunodeficiency virus (HIV) infection, the causative agent of acquired immune deficiency syndrome (AIDS), and related medical conditions constitutes a serious danger to the public health and welfare. In the absence of a vaccine or a cure and because of the sexual and intravenous drug use behaviors by which the virus is predominantly spread, control of the epidemic is dependent on the education of those infected or at risk for infection.

(2) It is the intent of the legislature that education directed at preventing the transmission of HIV be provided to those infected and at risk of infection and to entreat such persons to come forward to determine their HIV infection status and to obtain appropriate education.
Mont. Code Ann. § 50-20-511 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-511
50-20-511 Construction
Status: in_force

50-20-511 . Construction. Nothing in this part may be construed as creating or recognizing a right to abortion. It is not the intention of this part to make lawful an abortion that is currently unlawful.
Mont. Code Ann. § 50-20-112 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-112
50-20-112 Penalties
Status: in_force

50-20-112 . Penalties. (1) A person convicted of deliberate, mitigated, or negligent homicide under this chapter is subject to the penalties prescribed by 45-5-102 through 45-5-104 .

(2) A person convicted of a felony other than deliberate, mitigated, or negligent homicide under this chapter is subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.

(3) A person convicted of a misdemeanor under this chapter is subject to a fine not to exceed $500, imprisonment in the county jail for a term not to exceed 6 months, or both.

(4) (a) A penalty may not be imposed against the woman upon whom the abortion is performed or attempted to be performed.

(b) A penalty may not be imposed for failure to comply with the provision of 50-20-106 that requires a written certification that the woman has been informed of the opportunity to review the information referred to in 50-20-304 if the department has not made the written materials available at the time that the physician or the physician's agent is required to inform the woman of the right to review the materials.
Mont. Code Ann. § 50-2-111 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-111
50-2-111 City-county board appropriations
Status: in_force

50-2-111 . City-county board appropriations. If a city-county board is created, it is financed by one of the following methods:

(1) (a) The county commissioners and governing body of each participating city may mutually agree upon the division of expenses.

(b) The county's part of the total expenses is financed by an appropriation from the general fund of the county after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40.

(c) Each participating city's part of the total expenses is financed by an appropriation from the general fund of the city after approval of a budget in the way provided for other city offices and departments under Title 7, chapter 6, part 40.

(d) All money must be deposited with the county treasurer who shall disburse the money as county funds.

(2) (a) The county commissioners and governing body of each participating city may mutually agree upon the division of the expenses.

(b) Subject to 15-10-420 , the county's part of the total expenses is financed by a levy on the taxable value of all taxable property outside the incorporated limits of each participating city after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40. If the levy is not sufficient to fund the county's share, the county commissioners may supplement it with an appropriation from the county general fund.

(c) Subject to 15-10-420 , each participating city's part of the total expenses is financed by a levy on the taxable value of all taxable property within the incorporated limits of the city after approval of a budget in the way provided for other city offices and departments under Title 7, chapter 6, part 40.

(d) All money must be deposited with the county treasurer who shall disburse the money as county funds.
Mont. Code Ann. § 50-5-305 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-305
50-5-305 Period of validity of approved application
Status: in_force

50-5-305 . Period of validity of approved application. (1) A certificate of need expires:

(a) 1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction;

(b) 1 year after the date the project is commenced plus the estimated period of time for completion shown in the application if the approved project is not complete; or

(c) when the department determines, after opportunity for a hearing, that the holder of the certificate of need has violated the provisions of this chapter, rules adopted under this chapter, or the terms of the certificate of need.

(2) For purposes of subsection (1)(a), if a reconsideration hearing is granted or an appeal filed under 50-5-306 , the final decision will be that following the hearing or resolving the appeal.

(3) The holder of an unexpired certificate of need subject to expiration under the circumstances specified in subsection (1)(a) or (1)(b) may apply to the department to extend the term of the certificate of need for one additional period not to exceed 6 months. The department may grant an extension upon the applicant's demonstrating good cause as defined by department rule.
Mont. Code Ann. § 50-50-109 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-109
50-50-109 Civil penalties -- injunctions not barred
Status: in_force

50-50-109 . Civil penalties -- injunctions not barred. (1) A retail food establishment or a cottage food operation that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.

(2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.
Mont. Code Ann. § 50-53-101 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-101
50-53-101 Purpose of regulation
Status: in_force

50-53-101 . Purpose of regulation. It is the public policy of this state to regulate public swimming pools and public bathing places to protect public health and safety.
Mont. Code Ann. § 50-50-212 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-212
50-50-212 Cancellation of license or permit for multiple-type establishment
Status: in_force

50-50-212 . Cancellation of license or permit for multiple-type establishment. When a multiple-type retail food establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion as determined by the department. A multiple-type retail food establishment, including a mobile food establishment, includes an establishment authorized by 50-50-201 (2).
Mont. Code Ann. § 50-32-312 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-312
50-32-312 Procedure for denial, suspension, revocation of, or refusal to renew registration
Status: in_force

50-32-312 . Procedure for denial, suspension, revocation of, or refusal to renew registration. (1) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall require the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration, the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.

(2) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under 50-32-311 or whenever renewal of registration is refused if it finds that there is an imminent danger to the public health or safety which warrants such action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
Mont. Code Ann. § 50-9-201 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-201
50-9-201 Recording determination of terminal condition and content of declaration
Status: in_force

50-9-201 . Recording determination of terminal condition and content of declaration. Upon determining that a declarant is in a terminal condition, the attending physician or attending advanced practice registered nurse who knows of a declaration shall record that determination and the terms of the declaration in the declarant's medical record.
Mont. Code Ann. § 50-5-232 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-232
50-5-232 Patient protection account -- deposit of funds
Status: in_force

50-5-232 . Patient protection account -- deposit of funds. (1) There is a patient protection account in the state special revenue fund.

(2) There is deposited in the patient protection account money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source that are intended to be used for the purposes of the account.

(3) The funds deposited in the patient protection account may be used only:

(a) to pay for the costs of a receivership; and

(b) to pay for the cost of department-initiated relocation of residents.

(4) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general fund.
Mont. Code Ann. § 50-15-705 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-705
50-15-705 Tumor registry
Status: in_force

50-15-705 . Tumor registry. The department shall maintain a registry containing the names of all persons reported to it and all other information submitted to the department concerning those persons pursuant to 50-15-703 .
Mont. Code Ann. § 50-49-102 — MT Code / Title 50 / Chapter 49 / Part 1 / Section 50-49-102
50-49-102 Purpose
Status: in_force

50-49-102 . Purpose. It is the policy of the state of Montana that all citizens should have access to food programs and nutrition services to prevent any needy citizen from experiencing hunger and poor nutrition and their impact on physical and mental health.
Mont. Code Ann. § 50-19-203 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-203
50-19-203 Newborn screening and followup for metabolic and genetic disorders
Status: in_force

50-19-203 . Newborn screening and followup for metabolic and genetic disorders. (1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and genetic disorders as required under rules adopted by the department. The department shall initiate rulemaking to add testing for a new metabolic or genetic disorder to the newborn screening panel on occurrence of the following:

(a) a reliable test or series of tests for screening newborns for a genetic or metabolic condition using dried blood spots or other testing is developed and registered with the United States food and drug administration;

(b) quality assurance testing methodology is available and approved by the United States centers for disease control and prevention;

(c) necessary materials for the testing and quality assurance testing are commercially available; and

(d) the newborn screening advisory committee has recommended that the test be added to the newborn screening protocol.

(2) (a) The tests must be done by an approved laboratory. An approved laboratory must be the laboratory of the department or a laboratory approved by the department.

(b) A laboratory shall destroy any genetic materials submitted for a newborn if requested by a parent or guardian as provided in 50-19-206 .

(c) A facility that collected samples for tests required under this section shall destroy any excess genetic material that was collected and was not sent to an approved laboratory for testing.

(3) The department shall contract with one or more providers qualified to provide followup services, including counseling and education, for children and parents of children identified with metabolic or genetic disorders to ensure the availability of followup services.
Mont. Code Ann. § 50-40-110 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-110
50-40-110 Rulemaking required
Status: in_force

50-40-110 . Rulemaking required. The department shall adopt rules to implement this part.
Mont. Code Ann. § 50-74-306 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-306
50-74-306 Traction licenses -- application without examination from other states
Status: in_force

50-74-306 . Traction licenses -- application without examination from other states. (1) The licenses named in 50-74-303 do not entitle the holder to operate a traction engine.

(2) A person who is entrusted with the care and management of traction engines or boilers on wheels is required to pass an examination testing the person's competency to operate that class of machinery and procure a traction license.

(3) A person who is entrusted with the care, management, and operation of steam locomotives not addressed by federal regulations is required to pass an examination testing the person's competency to operate that class of machinery and procure a traction license.

(4) The department may issue a license to an individual holding a valid license from another state upon application without examination if the requirements of 50-74-307 (2) are met.

(5) A traction license does not entitle its holder to operate any other class of steam machinery.
Mont. Code Ann. § 50-16-711 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-711
50-16-711 Health care facility and emergency services organization responsibilities for tracking exposure to infectious disease
Status: in_force

50-16-711 . Health care facility and emergency services organization responsibilities for tracking exposure to infectious disease. (1) The health care facility and the emergency services organization shall develop internal procedures for implementing the provisions of this part and department rules.

(2) The health care facility must have available at all times a person to receive the form provided for in 50-16-702 containing a report of exposure to infectious disease.

(3) The health care facility shall designate an infectious disease control officer and an alternate who will be responsible for maintaining the required records and notifying designated officers in accordance with the provisions of this part and the rules promulgated under this part and shall provide the names of the designated officer and the alternate to the department.

(4) The emergency services organization shall name a designated officer and an alternate and shall provide their names to the department.
Mont. Code Ann. § 50-76-109 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-109
50-76-109 Violation of chapter -- misdemeanor
Status: in_force

50-76-109 . Violation of chapter -- misdemeanor. (1) A person who operates a crane, hoist, or other equipment described in 50-76-102 or 50-76-103 for which a crane and hoist engineer's license is required without first obtaining a license, and every owner, employer, or manager of the crane, hoist, or other equipment who permits an unlicensed person to operate the crane, hoist, or other equipment is guilty of a misdemeanor.

(2) A person who knowingly operates or an owner, employer, or manager who knowingly allows the operation of a crane, hoist, or other equipment in violation of the rules adopted pursuant to 50-76-110 (2) is guilty of a misdemeanor.
Mont. Code Ann. § 50-60-608 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-608
50-60-608 Injunction authorized
Status: in_force

50-60-608 . Injunction authorized. The use or installation of wires or equipment conveying electrical current or the use or installation of any apparatus operated by electrical current in violation of any provision of this part or a lawful order of a state or local government building official may be enjoined by a judge in the district court of the judicial district in which the wires, equipment, or apparatus is located.
Mont. Code Ann. § 50-73-106 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-106
50-73-106 Mine safety training -- recovery of expenses
Status: in_force

50-73-106 . Mine safety training -- recovery of expenses. (1) The department may conduct mine safety training for mine operators, miners, and other persons working in and around mines.

(2) When providing mine safety training, the department shall schedule the training in a cost-effective manner, while taking into account the needs of training participants and the mining industry.

(3) The department shall provide mine safety training without charge for instruction, but the department may recover reasonable expenses incurred in producing materials distributed to participants.
Mont. Code Ann. § 50-10-103 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-103
50-10-103 Adherence to do not resuscitate protocol -- transfer of patients
Status: in_force

50-10-103 . Adherence to do not resuscitate protocol -- transfer of patients. (1) Except as provided in 72-17-216 , emergency medical services personnel, other than physicians or advanced practice registered nurses, shall comply with the do not resuscitate protocol when presented with either do not resuscitate identification, an oral do not resuscitate order issued directly by a physician or an advanced practice registered nurse, or a written do not resuscitate order entered on a form prescribed by the department.

(2) An attending physician, an attending advanced practice registered nurse, or a health care facility unwilling or unable to comply with the do not resuscitate protocol shall take all reasonable steps to transfer a person possessing DNR identification to another physician or advanced practice registered nurse or to a health care facility in which the do not resuscitate protocol will be followed.
Mont. Code Ann. § 50-61-106 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-106
50-61-106 Unlawful to obstruct fire exit -- exception
Status: in_force

50-61-106 . Unlawful to obstruct fire exit -- exception. Except as provided in 50-61-122 , it is unlawful to obstruct in any manner any fire exit, or any hallway, corridor, or entranceway leading to a fire exit, required by rules adopted by the department of justice.
Mont. Code Ann. § 50-73-107 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-107
50-73-107 Safety and industrial health consultation services authorized -- recovery of expenses
Status: in_force

50-73-107 . 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. § 50-57-109 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-109
50-57-109 Civil penalties -- injunctions not barred
Status: in_force

50-57-109 . Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department under this chapter is subject to a civil penalty not to exceed $500.

(2) A civil action to impose penalties, as provided under this section, does not bar a prosecution under 50-57-107 and 50-57-108 or injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department under this chapter.
Mont. Code Ann. § 50-19-402 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-402
50-19-402 Statement of policy -- access to information
Status: in_force

50-19-402 . Statement of policy -- access to information. (1) The prevention of fetal, infant, child, and maternal deaths is both the policy of the state of Montana and a community responsibility. Many community professionals have expertise that can be used to promote the health, safety, and welfare of fetuses, infants, children, and postnatal women. The use of these professionals in reviewing fetal, infant, child, and maternal deaths can lead to a greater understanding of the causes of death and the methods of preventing deaths. It is the intent of the legislature to encourage local communities to establish voluntary multidisciplinary fetal, infant, child, and maternal mortality review teams to study the incidence and causes of fetal, infant, child, and maternal deaths and to make recommendations for community or statewide change, if appropriate, that may help prevent future deaths.

(2) (a) A health care provider may disclose information about a patient without the patient's authorization or without the authorization of the representative of a patient who is deceased upon request of a local fetal, infant, child, and maternal mortality review team. The review team may request and may receive information from:

(i) a county attorney as provided in 44-5-303 (4);

(ii) a tribal attorney; and

(iii) a health care provider as permitted in:

(A) Title 50, chapter 16, part 5 or 8; or

(B) applicable federal law.

(b) The review team shall maintain the confidentiality of the information received.

(3) (a) The local fetal, infant, child, and maternal mortality review team may:

(i) perform an indepth analysis of fetal, infant, and child deaths;

(ii) perform an indepth analysis of maternal deaths that occur within a year of the time a woman gave birth;

(iii) compile statistics of fetal, infant, child, and maternal mortality and communicate the statistics to the department of public health and human services for inclusion in statistical reports;

(iv) analyze the preventable causes of fetal, infant, child, and maternal deaths, including child abuse and neglect and postpartum complications; and

(v) recommend measures to prevent future fetal, infant, child, and maternal deaths.

(b) The analysis authorized under this subsection (3) may include a review of records available by law.

(4) A local fetal, infant, child, and maternal mortality review team may not review deaths under this section if:

(a) the deaths involve fetuses, infants, children, or women who are Indians;

(b) the deaths occur within the boundaries of an Indian reservation; and

(c) the tribal government opposes the review.
Mont. Code Ann. § 50-74-217 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-217
50-74-217 Other inspection requirements
Status: in_force

50-74-217 . Other inspection requirements. The inspector must be satisfied that:

(1) the safety valves are of suitable relieving capacity ratings, sufficient in number and area, and properly arranged and properly adjusted so as not to allow a greater pressure in a boiler than the amount prescribed by the inspection certificate;

(2) there are a sufficient number of gauge cocks properly inserted to indicate the amount of water and suitable gauges that will correctly record the pressure of steam; and

(3) adequate and certain provisions for an ample supply of water to feed the boiler at all times and suitable means for blowing out are provided so as to thoroughly remove mud and sediment from all parts of the boiler when it is under pressure of steam.
Mont. Code Ann. § 50-76-111 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-111
50-76-111 Definitions
Status: in_force

50-76-111 . Definitions. As used in this part, the following definitions apply:

(1) "Crane" means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally.

(2) "Department" means the department of labor and industry provided for in 2-15-1701 .

(3) "Gantry crane" and "trolley crane" are synonymous and mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or another type of runway.

(4) "Hoist" means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements.
Mont. Code Ann. § 50-5-213 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-213
50-5-213 Requirements for home infusion therapy services
Status: in_force

50-5-213 . Requirements for home infusion therapy services. An agency providing home infusion therapy services shall directly provide either the home infusion therapy services or skilled nursing services and may either directly provide or may arrange for the provision of the other services.
Mont. Code Ann. § 50-50-201 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-201
50-50-201 License or permit required
Status: in_force

50-50-201 . License or permit required. (1) (a) Except as provided in 50-50-202 and subsection (1)(b)(i) of this section, a person operating a retail food establishment shall procure an annual license from the department.

(b) (i) A temporary food establishment described in 50-50-120 (2)(a) shall obtain a permit and pay a permit fee to the local regulatory authority in the county where the temporary food establishment is operated.

(ii) For a temporary food establishment described in 50-50-102 , each time a temporary food establishment alters its menu substantially by food type and means of production, a separate permit must be obtained and a separate permit fee paid.

(2) A separate license is required for each retail food establishment, but if more than one type of retail food establishment is operated on the same premises and under the same management, only one license is required.

(3) Only one retail food establishment license is required for a person owning and operating one or more vending machines.

(4) (a) Except as provided in subsection (4)(b), a retail food establishment license issued by the department is not valid unless signed in accordance with 50-50-214 .

(b) A temporary food establishment permit must be signed by the local health officer or the health officer's designee to be valid.

(5) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the licensing of a mobile food establishment subject to tribal regulations. The agreement must include an appeals process if the license is not validated.

(6) If there is not a cooperative agreement pursuant to subsection (5), the department may issue a license to a person operating a mobile food establishment.
Mont. Code Ann. § 50-4-815 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-815
50-4-815 Community health center account
Status: in_force

50-4-815 . Community health center account. (1) There is a community health center account in the state special revenue fund to the credit of the department to provide grants for community health centers.

(2) Money appropriated by the legislature for community health centers must be deposited into the account.

(3) Money must be allocated from the account in accordance with the procedures outlined in 50-4-805 and 50-4-806 .
Mont. Code Ann. § 50-15-208 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-208
50-15-208 Birth registration for stillbirth -- requirements
Status: in_force

50-15-208 . Birth registration for stillbirth -- requirements. (1) The department shall establish a certificate of birth resulting in a stillbirth on a form adopted by the department when the birth results in a stillbirth. Upon request by a parent, a certificate of birth resulting in a stillbirth must be filed in addition to the fetal death certificate provided for in 50-15-403 . Upon request, a certificate of birth resulting in a stillbirth must be provided to a parent.

(2) A certificate of birth resulting in a stillbirth may be filed by:

(a) the physician, the physician's designee, or the direct-entry midwife licensed pursuant to Title 37, chapter 27, in attendance at a stillbirth;

(b) the person in attendance at a stillbirth;

(c) the father or the mother;

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

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

(3) The department shall adopt rules providing for:

(a) the time by which the certificate of birth resulting in a stillbirth must be filed after the stillbirth;

(b) the evidence required to establish the facts of a stillbirth; and

(c) the information required on a certificate of birth resulting in a stillbirth.
Mont. Code Ann. § 50-15-101 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-101
50-15-101 Definitions
Status: in_force

50-15-101 . Definitions. Unless the context requires otherwise, in parts 1 through 4 the following definitions apply:

(1) "Advanced practice registered nurse" means an individual who has been certified as an advanced practice registered nurse as provided in 37-8-202 .

(2) "Authorized representative" means a person:

(a) designated by an individual, in a notarized written document, to have access to the individual's vital records;

(b) who has a general power of attorney for an individual; or

(c) appointed by a court to manage the personal or financial affairs of an individual.

(3) "Dead body" means a human body or parts of a human body from which it reasonably may be concluded that death occurred.

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

(5) "Dissolution of marriage" means a marriage terminated pursuant to Title 40, chapter 4, part 1.

(6) "Fetal death" means death of the fetus prior to the complete expulsion or extraction from its mother as a product of conception, notwithstanding the duration of pregnancy. The death is indicated by the fact that after expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are distinguished from transient cardiac contractions. Respirations are distinguished from fleeting respiratory efforts or gasps.

(7) "Final disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.

(8) "Invalid marriage" means a marriage decreed by a district court to be invalid for the reasons contained in 40-1-402 .

(9) "Live birth" means the complete expulsion or extraction from the mother as a product of conception, notwithstanding the duration of pregnancy. The birth is indicated by the fact that after expulsion or extraction, the child breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are distinguished from transient cardiac contractions. Respirations are distinguished from fleeting respiratory efforts or gasps.

(10) "Local registrar" means a person appointed by the department to act as its agent in administering this chapter in the area set forth in the letter of appointment.

(11) "Nonviable birth" means an unintentional, spontaneous fetal demise occurring after a heartbeat is detected but prior to the 20th week of gestation of a pregnancy that has been verified by a health care provider.

(12) "Person in charge of disposition of a dead body" means a person who places or causes a dead body or the ashes after cremation to be placed in a grave, vault, urn, or other receptacle or otherwise disposes of the body or fetus and who is a funeral director, an employee acting for a funeral director, or a person who first assumes custody of a dead body or fetus.

(13) "Physician" means a person legally authorized to practice medicine in this state.

(14) "Registration" means the process by which vital records are completed, filed, and incorporated into the official records of the department.

(15) "Research" means a systematic investigation designed primarily to develop or contribute to generalizable knowledge.

(16) "Sex" has the meaning provided in 1-1-201 .

(17) (a) "Stillbirth" means a fetal death occurring after a minimum of 20 weeks of gestation.

(b) The term does not include an abortion, as defined in 50-20-104 .

(18) "System of vital statistics" means the registration, collection, preservation, amendment, and certification of vital records. The term includes the collection of reports required by this chapter and related activities, including the tabulation, analysis, publication, and dissemination of vital statistics.

(19) "Vital records" means certificates or reports of birth, death, fetal death, marriage, and dissolution of marriage and related reports.

(20) "Vital statistics" means the data derived from certificates or reports of birth, death, fetal death, induced termination of pregnancy, marriage, and dissolution of marriage and related reports.
Mont. Code Ann. § 50-53-204 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-204
50-53-204 License expiration -- nontransferability
Status: in_force

50-53-204 . License expiration -- nontransferability. (1) A license issued under part 1 and this part expires on December 31 of the year of issuance unless it is suspended or canceled by the department before that date.

(2) A license issued under part 1 and this part is not transferable.
Mont. Code Ann. § 50-31-203 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-203
50-31-203 When food misbranded
Status: in_force

50-31-203 . When food misbranded. A food is considered to be misbranded if:

(1) its labeling is false or misleading in any particular;

(2) it is offered for sale under the name of another food;

(3) it is an imitation of another food for which a definition and standard of identity has been prescribed by regulations as provided by 50-31-201 or if it is an imitation of another food that is not subject to subsection (7) of this section, unless its label bears in type of uniform size and prominence the word imitation and, immediately after that word, the name of the food imitated;

(4) its container is made, formed, or filled in a manner that is misleading;

(5) it is in package form, unless it bears a label containing:

(a) the name and place of business of the manufacturer, packer, or distributor;

(b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations must be permitted and exemptions as to small packages must be established by regulations prescribed by the department;

(6) any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) it purports to be or is represented as a food for which a definition and standard of identity have been prescribed by regulations as provided by 50-31-201 , unless:

(a) it conforms to that definition and standard; and

(b) its label bears the name of the food specified in the definition and standard and, as may be required by the regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food;

(8) it purports to be or is represented as:

(a) a food for which a standard of quality has been prescribed by regulations as provided by 50-31-201 and its quality falls below that standard, unless its label bears, in a manner and form that the regulations specify, a statement that it falls below that standard; or

(b) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by 50-31-201 and it falls below the standard of fill of container applicable, unless its label bears, in a manner and form that the regulations specify, a statement that it falls below that standard;

(9) it is not subject to the provisions of subsection (7) unless it bears labeling clearly giving:

(a) the common or usual name of the food, if there is one; and

(b) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. To the extent that compliance with the requirements of this subsection (9)(b) is impractical or results in deception or unfair competition, exemptions must be established by regulations promulgated by the department. The requirements of this subsection (9)(b) do not apply to food products that are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with regulations promulgated by the department.

(10) it purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties that the department determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for special dietary uses;

(11) it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions must be established by regulations promulgated by the department. Butter, cheese, ice cream, and frozen desserts as described in 81-22-101 are exempt from label statements for artificial flavoring and artificial coloring.

(12) it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded;

(13) it is a color additive, unless its packaging and labeling are in conformity with packaging and labeling requirements applicable to that color additive prescribed under the provisions of the federal act.
Mont. Code Ann. § 50-18-105 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-105
50-18-105 Rules of department binding
Status: in_force

50-18-105 . Rules of department binding. Rules adopted by the department of public health and human services for carrying out the provisions of this chapter are binding on all persons and have the effect of law.
Mont. Code Ann. § 50-61-103 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-103
50-61-103 Application of chapter -- definitions
Status: in_force

50-61-103 . Application of chapter -- definitions. This chapter applies to the occupancies defined below:

(1) "Assembly occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by a gathering of 50 or more persons for purposes such as civic, political, religious, or social functions, recreation, education, instruction, food or drink consumption, or awaiting transportation.

(2) "Business occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for office, professional, or service transactions. A business occupancy includes the use of a structure for the storage of records and accounts or for an eating or drinking business establishment with an occupant load of less than 50 persons.

(3) "Educational occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons assembled for the purpose of learning or receiving educational instruction. An educational occupancy includes but is not limited to any building used for:

(a) educational purposes through the 12th grade for more than 12 hours a week or 4 hours in any 1 day; or

(b) day-care purposes for more than 12 persons.

(4) "Industrial occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repairing, or processing operations.

(5) "Institutional occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by more than five persons harbored or detained to receive medical, charitable, or other care or treatment or by persons involuntarily detained. An institutional occupancy includes but is not limited to:

(a) nurseries for the full-time care of children under the age of 6;

(b) hospitals, sanitariums, or nursing homes; and

(c) mental hospitals, mental sanitariums, jails, prisons, reformatories, or buildings where personal liberties of those harbored or detained are similarly restrained.

(6) "Residential occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons for whom sleeping accommodations are provided and who are not harbored or detained to receive medical, charitable, or other care or treatment and who are not involuntarily detained. A residential occupancy includes but is not limited to hotels, motels, apartment houses, dwellings, and lodging houses. A residential occupancy does not include a building used only for private residential purposes for a family.
Mont. Code Ann. § 50-4-1103 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1103
50-4-1103 Right of conscience for medical practitioners -- affirmative consent for abortion services -- immunity -- exceptions
Status: in_force

50-4-1103 . Right of conscience for medical practitioners -- affirmative consent for abortion services -- immunity -- exceptions. (1) A medical practitioner has the right not to participate in a health care service that violates the medical practitioner's conscience. A health care institution may not be held liable for the exercise of conscience not to participate in a health care service by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution.

(2) A health care institution may require the exercise of conscience as a basis for not participating in a health care service to be made in writing and signed by the medical practitioner objecting. A writing made under this subsection may refer only generally to the grounds of "conscience".

(3) A medical practitioner's refusal to participate in a health care service based on an exercise of conscience may not be a consideration with respect to staff privileges of a health care institution or a basis for discrimination, discipline, or other recriminatory action against the medical practitioner.

(4) A medical practitioner may not be scheduled for, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the medical practitioner first affirmatively consents in writing as provided in 50-20-111 .

(5) Except as provided under Article II, section 18, of the Montana constitution, a medical practitioner may not be held liable for damages allegedly arising from the exercise of conscience not to participate in a health care service.

(6) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111 .
Mont. Code Ann. § 50-72-208 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-208
50-72-208 Order subject to review
Status: in_force

50-72-208 . Order subject to review. The order of the duly authorized representative of the department shall remain in effect but shall immediately be subject to review as provided in this chapter.
Mont. Code Ann. § 50-79-406 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-406
50-79-406 Injunctions
Status: in_force

50-79-406 . Injunctions. The department may maintain an action in the district court to enjoin a continuance of an act in violation of this chapter or of a rule or order issued under this chapter. If the court finds that the defendant is violating or has violated any of the provisions of this chapter or any rule or order issued under this chapter, it shall enjoin the defendant from a continuance thereof.
Mont. Code Ann. § 50-74-107 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-107
50-74-107 Wrongful certification or granting of a license a misdemeanor
Status: in_force

50-74-107 . Wrongful certification or granting of a license a misdemeanor. Any inspector or assistant inspector who willfully certifies regarding any boilers or their attachments or grants a license to any person to act as engineer contrary to the provisions of this chapter is guilty of a misdemeanor.
Mont. Code Ann. § 50-61-116 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-116
50-61-116 Lessee who corrects violations entitled to reimbursement
Status: in_force

50-61-116 . Lessee who corrects violations entitled to reimbursement. The occupant or lessee of any building who is required to erect fire escapes under the provisions of this chapter is entitled to reimbursement for the cost and expense of erecting the fire escapes out of the rent or lease money of the premises, and the reimbursement is not a breach of any existing lease, contract, or covenant or grounds for any action or damage ouster.
Mont. Code Ann. § 50-72-103 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-103
50-72-103 Injunctions and other civil relief authorized
Status: in_force

50-72-103 . Injunctions and other civil relief authorized. A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office whenever an operator:

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

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

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

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

(5) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter.
Mont. Code Ann. § 50-73-201 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-201
50-73-201 Operator to make map of coal mine
Status: in_force

50-73-201 . Operator to make map of coal mine. Every operator of every coal mine in this state shall make or cause to be made an accurate map or plan of the mines, drawn to a scale of not less than 200 feet to 1 inch and as much larger as practicable, on which shall appear the name of the state, county, and township in which the mine is located, the designation of the mine, the name of the company or owner, the certificate of the certified engineer or surveyor as to the accuracy and date of the survey, the north point, and the scale to which the drawing is made.
Mont. Code Ann. § 50-12-203 — MT Code / Title 50 / Chapter 12 / Part 2 / Section 50-12-203
50-12-203 Palliative care and quality of life interdisciplinary advisory council -- duties -- membership
Status: in_force

50-12-203 . Palliative care and quality of life interdisciplinary advisory council -- duties -- membership. (1) There is a state palliative care and quality of life interdisciplinary advisory council within the department to advise the department on matters related to the establishment, maintenance, operation, and evaluation of outcomes of palliative care initiatives in this state.

(2) (a) The council consists of at least nine members appointed by the director of the department. Members must include:

(i) individuals with collective expertise in interdisciplinary palliative care provided in a variety of settings and to children, youth, adults, and the elderly;

(ii) individuals with expertise in nursing, social work, and pharmacy; and

(iii) members of the clergy or individuals with professional spiritual experience.

(b) The appointees must include:

(i) at least two board-certified physicians or nurses with expertise in palliative care;

(ii) at least one board-certified physician with expertise in chronic pain management;

(iii) a department employee with knowledge of the state medicaid program; and

(iv) a representative of a private insurer.

(3) Council members shall serve staggered 3-year terms.

(4) Council members shall elect a presiding officer and vice presiding officer and shall establish the duties of the officers.

(5) The council shall meet at least twice a year according to a schedule established by the director or the director's designee.

(6) The department shall provide administrative support to the council.

(7) Council members may not receive compensation for their service or be reimbursed for expenses.
Mont. Code Ann. § 50-6-203 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-203
50-6-203 Rules
Status: in_force

50-6-203 . Rules. (1) The department of labor and industry, after consultation with the department of public health and human services and other appropriate departments, associations, and organizations, shall adopt rules implementing this part, including but not limited to:

(a) training and licensure of emergency care providers;

(b) the administration of drugs by emergency care providers; and

(c) the handling of complaints involving patient care provided by emergency care providers.

(2) The department of labor and industry may, by rule, establish various levels of emergency care provider licensure and shall specify for each level the training requirements, acts allowed, relicensure requirements, and any other requirements regarding the training, performance, or licensure of that level of emergency care provider that it considers necessary, subject to the provisions of 37-1-138 .
Mont. Code Ann. § 50-31-103 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-103
50-31-103 Definitions
Status: in_force

50-31-103 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Advertisement" means representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2) "Beef patty mix" means "hamburger" or "ground beef" to which have been added binders or extenders as those terms are understood by general custom and usage in the food industry.

(3) "Bottled water" means water that is intended for human consumption and that is sealed in bottles or other containers with no added ingredients, except that bottled water may optionally contain safe and suitable antimicrobial agents.

(4) "Cell-cultured edible product" means the concept of meat, including but not limited to muscle cells, fat cells, connective tissue, blood, and other components produced via cell culture, rather than from a whole slaughtered animal.

(5) "Color" includes black, white, and intermediate grays.

(6) (a) "Color additive" means a material that:

(i) is a dye, pigment, or other substance made by a process of synthesis or similar artifice or that is extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or

(ii) when added or applied to a food, drug, or cosmetic or to the human body is capable (alone or through reaction with another substance) of imparting color to the human body.

(b) The term does not include material that has been or is exempted under the federal act.

(7) (a) "Consumer commodity", except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic as those terms are defined by this chapter or by the federal act and regulations pursuant to the federal act.

(b) The term does not include:

(i) any tobacco or tobacco product;

(ii) a commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.) or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151 through 157), commonly known as the Virus-Serum-Toxin Act;

(iii) a drug subject to 50-31-306 (1)(m) or 50-31-307 (2)(c) or section 503(b)(1) or 506 of the federal act (21 U.S.C. 353(b)(1) and 356);

(iv) a beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201, et seq.); or

(v) a commodity subject to the Federal Seed Act (7 U.S.C. 1551 through 1610).

(8) "Contaminated with filth" applies to a food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, foreign, or injurious contaminations.

(9) (a) "Cosmetic" means:

(i) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

(ii) articles intended for use as a component of these articles.

(b) The term does not include soap.

(10) "Counterfeit drug" means a drug, drug container, or drug label that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device or any likeness of an identifying mark, imprint, or device of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug and that falsely purports or is represented to be the product of or to have been packed or distributed by the other drug manufacturer, processor, packer, or distributor.

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

(12) "Device" (except when used in 50-31-107 (2), 50-31-203 (6), 50-31-306 (1)(c) and (1)(q), 50-31-402 (3), and 50-31-501 (11)) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:

(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(b) to affect the structure or function of the body of humans or other animals.

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

(a) is advertised only as a food supplement;

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

(i) a vitamin;

(ii) a mineral;

(iii) an herb or other botanical substance;

(iv) an amino acid;

(v) a dietary substance used to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract, or combination of any ingredients described in subsections (13)(b)(i) through (13)(b)(iv);

(c) conforms to any additional provisions for the definition of dietary supplement under 21 U.S.C. 321.

(14) "Drug" means:

(a) articles recognized in the official United States Pharmacopoeia, official National Formulary, or a supplement to either of these;

(b) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(c) articles (other than food) intended to affect the structure or function of the body of humans or other animals;

(d) articles intended for use as components of any article specified in subsection (14)(a), (14)(b), or (14)(c) but does not include devices or their components, parts, or accessories.

(15) "Federal act" means the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301, et seq.).

(16) "Food" means:

(a) articles used for food or drink for humans or other animals;

(b) chewing gum;

(c) articles used for components of these articles; and

(d) dietary supplements.

(17) (a) "Food additive" means a substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of food. The term includes a substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and a source of radiation intended for this use if the substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures to be safe under the conditions of its intended use. Alternatively, for a substance used in a food prior to January 1, 1958, the determination of safety under the conditions of the substance's intended use may be through either scientific procedures or experience based on common use in food.

(b) The term does not include:

(i) a pesticide chemical in or on a raw agricultural commodity;

(ii) a pesticide chemical to the extent that the pesticide chemical is intended for use or is used in the production, storage, or transportation of a raw agricultural commodity;

(iii) a color additive;

(iv) a substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958, pursuant to the federal act, the Poultry Products Inspection Act (21 U.S.C. 451, et seq.), or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 603, et seq.).

(18) "Food service establishment" means a retail food establishment defined in 50-50-102 and any facility operated by a governmental entity where food is served.

(19) "Hamburger" or "ground beef" means ground fresh or frozen beef or a combination of both fresh and frozen beef, with or without the addition of suet, to which no water, binders, or extenders are added. The term includes only products entirely derived from the edible flesh of livestock or a livestock product, as meat is defined in 81-9-217 . The term does not include cell-cultured edible products. There are four grades of hamburger or ground beef:

(a) "regular hamburger" or "regular ground beef" may have:

(i) a fat content no greater than the federal standard set forth in 9 CFR 319.15; and

(ii) a lean content of no less than 70%;

(b) "lean hamburger" or "lean ground beef" may have:

(i) a fat content no greater than 22%; and

(ii) a lean content of no less than 78%;

(c) "extra lean hamburger" or "extra lean ground beef" may have:

(i) a fat content no greater than 16%; and

(ii) a lean content of no less than 84%; and

(d) "super lean hamburger" or "super lean ground beef" may have:

(i) a fat content no greater than 12%; and

(ii) a lean content of no less than 88%.

(20) "Honey" means the nectar and saccharine plant exudations, gathered, modified, and stored in the comb by honey bees, that are levorotatory and that contain not more than 25% of water, not more than 0.25% of ash, and not more than 8% sucrose.

(21) "Label" means a display of written, printed, or graphic matter on the immediate container of an article. "Immediate container" does not include package liners.

(22) "Labeling" means labels and other written, printed, or graphic matter:

(a) on an article or its containers or wrappers;

(b) accompanying the article.

(23) "Menu" means a list presented to the patron that states the food items for sale in a food service establishment.

(24) "New drug" means a drug, the composition of which:

(a) is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended, or suggested in the new drug's labeling; or

(b) has become recognized as a result of investigations to determine the new drug's safety and effectiveness for use under the conditions prescribed but has not, other than in the investigations, been used to a material extent or for a material time under the conditions prescribed.

(25) "Official compendium" means the official United States Pharmacopoeia, official National Formulary, or a supplement to either of these.

(26) (a) "Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers.

(b) The term does not include:

(i) shipping containers or wrappings used solely for the transportation of a consumer commodity in bulk or in quantity to manufacturers, packers, or processors or to wholesale or retail distributors;

(ii) shipping containers or outer wrappings used by retailers to ship or deliver a commodity to retail customers if the containers and wrappings bear no printed matter pertaining to a particular commodity.

(27) "Person" includes an individual, partnership, corporation, and association.

(28) "Pesticide chemical" means a substance that alone, in chemical combination, or in formulation with one or more other substances is an "economic poison" under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.), as amended, and that is used in the production, storage, or transportation of raw agricultural commodities.

(29) "Placard" means a nonpermanent sign used to display or describe food items for sale in a food service establishment or retail meat establishment.

(30) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(31) "Processing" means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, freezing, or otherwise manufacturing a food or changing the physical characteristics of a food and the enclosure of the food in a package.

(32) "Raw agricultural commodity" has the meaning as provided in 50-50-102 .

(33) "Retail meat establishment" means a commercial establishment at which meat or meat products are displayed for sale or provision to the public, with or without charge.

(34) "Synthetically compounded" means a product formulated by a process that chemically changes a material or substance extracted from naturally occurring plant, animal, or mineral sources, except for microbiological processes.
Mont. Code Ann. § 50-5-611 — MT Code / Title 50 / Chapter 5 / Part 6 / Section 50-5-611
50-5-611 Funding limitations
Status: in_force

50-5-611 . Funding limitations. (1) Money appropriated for residency training is in addition to any other money appropriated for medical educational programs and may not supplant funds for existing medical educational programs.

(2) No funds appropriated by the legislature to fund residency training may subsidize the cost incurred by patients.
Mont. Code Ann. § 50-32-503 — MT Code / Title 50 / Chapter 32 / Part 5 / Section 50-32-503
50-32-503 Electronic recordkeeping and monitoring system
Status: in_force

50-32-503 . Electronic recordkeeping and monitoring system. (1) The department of justice shall provide for the state's participation in a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or pseudoephedrine. The system must:

(a) be approved by the department of justice and provided at no charge to the state, law enforcement, or participating pharmacies and certified retail establishments;

(b) provide at no charge to participating pharmacies and certified retail establishments appropriate training, 24-hour online support, and a toll-free telephone help line that is staffed 24 hours a day;

(c) be able to communicate in real time with similar systems operated in other states and the District of Columbia and similar systems containing information submitted by more than one state;

(d) comply with information exchange standards adopted by the national information exchange model;

(e) include a stop sales alert that:

(i) provides notification that completion of a sale would result in the purchaser violating the quantity limits set forth in this part;

(ii) includes an override function that may be used by a pharmacy or certified retail establishment under the circumstances set forth in subsection (2); and

(iii) records each instance in which the override function is utilized;

(f) record the following:

(i) the date and time of a transaction;

(ii) the name, address, date of birth, and photo identification number of the purchaser, the type of identification used, and the issuing governmental entity;

(iii) the number of packages purchased, the total number of grams of ephedrine or pseudoephedrine per package, and the name of the compound, mixture, or preparation containing ephedrine or pseudoephedrine; and

(iv) the signature of the purchaser or a unique number connecting the transaction to a paper signature retained at the retail premises;

(g) ensure that submitted data is retained within the system for at least 2 years from the date of submission; and

(h) be accessible by law enforcement.

(2) (a) A pharmacy or certified retail establishment may not complete a sale if the system generates a stop sales alert unless the individual dispensing the ephedrine, pseudoephedrine, or related compound has a reasonable fear of imminent bodily harm if the sale is not completed.

(b) In the event of a mechanical or electronic interruption of the system, the pharmacy or certified retail establishment shall maintain a written log of sales of ephedrine and pseudoephedrine until the system is restored. The information written in the log must be transmitted to the system as soon as practicable after the system is restored.

(3) The following entities may not be required to participate in the electronic system and may not be required to maintain a written log:

(a) licensed manufacturers that manufacture and lawfully distribute products in the channels of commerce;

(b) wholesalers that lawfully distribute products in the channels of commerce;

(c) inpatient pharmacies of health care facilities licensed in this state;

(d) licensed long-term health care facilities;

(e) government-operated health care clinics, departments, or centers;

(f) physicians who dispense drugs pursuant to state law;

(g) pharmacies located in correctional facilities; and

(h) government-operated or industry-operated medical facilities serving the employees of the state or local or federal government.

(4) The department of justice, a law enforcement agency of the state, or a federal agency conducting a criminal investigation involving the manufacture of methamphetamine consistent with state or federal law may access data, records, and reports regarding the sale of ephedrine or pseudoephedrine. In addition, the information may be accessed if relevant to proceedings in a court, investigatory grand jury, or special grand jury.

(5) All data, records, and reports related to the sale of ephedrine or pseudoephedrine to retail customers and any abstracts of the data, records, and reports that are in the possession of the department of justice pursuant to this section are confidential and exempt from disclosure under Title 2, chapter 6.

(6) An entity operating the system or a pharmacy or certified retail establishment that sells a product containing ephedrine or pseudoephedrine may not use or disclose information collected or contained in the system or a written log for any purpose other than to:

(a) ensure compliance with this section or the federal Combat Methamphetamine Epidemic Act of 2005, Public Law 109-177;

(b) comply with the United States government or its political subdivision for law enforcement purposes under state or federal law; or

(c) facilitate a product recall necessary to protect the public health and safety.

(7) (a) A pharmacy or certified retail establishment that releases in good faith confidential information to federal, state, or local law enforcement or to a person acting on the behalf of law enforcement or that utilizes the system in accordance with this section is immune from civil liability for the release of the information or for acts or omissions in utilizing the system under this section unless the release or the act or omission constitutes gross negligence or intentional, wanton, or willful misconduct.

(b) The civil immunity provisions of subsection (7)(a) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
Mont. Code Ann. § 50-11-103 — MT Code / Title 50 / Chapter 11 / Part 1 / Section 50-11-103
50-11-103 Scientific research -- exception
Status: in_force

50-11-103 . Scientific research -- exception. (1) Sections 50-11-101 and 50-11-102 do not restrict areas of scientific research not specifically prohibited by 50-11-101 and 50-11-102 , including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, tissues, organs, plants, cells other than human embryos, or animals other than humans.

(2) Sections 50-11-101 and 50-11-102 do not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant if the procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.

(3) Nothing in this section prohibits embryonic stem cell research using embryonic stem cell lines of uncloned origin.
Mont. Code Ann. § 50-2-113 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-113
50-2-113 Contributions by school boards and other agencies authorized
Status: in_force

50-2-113 . Contributions by school boards and other agencies authorized. School boards and other official and nonofficial agencies may contribute funds to a local board.
Mont. Code Ann. § 50-1-116 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-116
50-1-116 Definitions
Status: in_force

50-1-116 . Definitions. As used in 50-1-116 through 50-1-118 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Family planning services" means a range of appropriate methods to prevent, delay, space, or otherwise time pregnancy, including natural family planning methods and infertility services. Family planning services do not include abortion, abortion referrals, or counseling in favor of abortion.

(2) "Federally qualified abortion" means an abortion qualified for federal matching funds under the medicaid program, 42 U.S.C. 1396, et seq., and as amended after this.

(3) "Federally qualified health center" means a health care provider that is eligible to receive federal funds under 42 U.S.C. 1396d(1)(2)(B).

(4) "Hospital" means a hospital as defined in 50-5-101 .

(5) "Public funds" means state funds, including without limitation state general revenue funds, state special revenue funds, limited purpose grants or loans, and federal funds, federal state account 03026, provided under Title X of the Public Health Service Act, 42 U.S.C. 300, et seq., Title IV, 42 U.S.C. 601, et seq., Title V, 42 U.S.C. 701, et seq., and Title XX, 42 U.S.C. 1397, et seq., of the Social Security Act.

(6) "Rural health clinic" means a health care provider that is eligible to receive federal funds under 42 U.S.C. 1395x(aa)(2).