Mont. Code Ann. § 50-60-604 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-604
50-60-604 Inspections -- electrical permits -- fees
Status: in_force

50-60-604 . Inspections -- electrical permits -- fees. The department of labor and industry or an authorized representative or a county, city, or town certified to perform an inspection pursuant to 50-60-302 shall inspect electrical installations, issue electrical permits for these installations, and establish and charge a reasonable and uniform fee for the inspections. The fee must be commensurate with the expense of providing the inspection and with appropriations for other purposes. As part of any inspection, the inspector shall require proof of licensure from any person who is required to be licensed who is involved with or, in the inspector's judgment, appears to be involved with electrical installations if the person is on the site. The inspector shall report any instance of license violation to the inspector's employing agency, and the employing agency shall in turn report the violation to the board of electricians.
Mont. Code Ann. § 50-1-405 — MT Code / Title 50 / Chapter 1 / Part 4 / Section 50-1-405
50-1-405 Terminated
Status: in_force

50-1-405 . Terminated. Sec. 8, Ch. 323, L. 1995.
Mont. Code Ann. § 50-50-105 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-105
50-50-105 Diseased person not to handle food
Status: in_force

50-50-105 . Diseased person not to handle food. A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.
Mont. Code Ann. § 50-79-105 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-105
50-79-105 Conflicting laws
Status: in_force

50-79-105 . Conflicting laws. Ordinances, resolutions, or regulations now or hereafter in effect of the governing body of a municipality or county relating to byproduct, source, and special nuclear materials shall not be superseded by this chapter, provided that such ordinances or regulations are and shall continue to be consistent with the provisions of this chapter, amendments thereto, and rules thereunder.
Mont. Code Ann. § 50-32-226 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-226
50-32-226 Specific dangerous drugs included in Schedule III
Status: in_force

50-32-226 . Specific dangerous drugs included in Schedule III. Schedule III consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including salts, isomers (whether optical, position, or geometric), and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a) benzphetamine;

(b) chlorphentermine;

(c) clortermine; and

(d) phendimetrazine.

(2) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system:

(a) any compound, mixture, or preparation containing amobarbital, secobarbital, or pentobarbital or any salt of any of these drugs and one or more other active medicinal ingredients that are not listed in any schedule;

(b) any suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any salt of any of these drugs approved by the United States food and drug administration for marketing only as a suppository;

(c) any substance that contains any quantity of a derivative of barbituric acid or any salt of barbituric acid;

(d) aprobarbital;

(e) butabarbital, also known as secbutabarbital;

(f) butalbital;

(g) butobarbital, also known as butethal;

(h) chlorhexadol;

(i) embutramide;

(j) gamma hydroxybutyric acid preparations;

(k) ketamine, its salts, isomers, and salts of its isomers, also known as (±)-2-(2-chlorophenyl)-2-(methylamino)cyclohexanone;

(l) lysergic acid;

(m) lysergic acid amide;

(n) methyprylon;

(o) sulfondiethylmethane;

(p) sulfonethylmethane;

(q) sulfonmethane;

(r) talbutal;

(s) tiletamine and zolazepam or any of their salts. A trade or other name for a tiletamine-zolazepam combination product is telazol. A trade or other name for tiletamine is 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. A trade or other name for zolazepam is 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.

(t) thiamylal;

(u) thiopental; and

(v) vinbarbital.

(3) Nalorphine.

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

(a) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(b) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(c) not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(d) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(e) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(f) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; or

(g) any material, compound, mixture, or preparation containing buprenorphine.

(5) Anabolic steroids. The term "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances is an anabolic steroid, including its salts, isomers, esters, or ethers and salts of isomers, esters, and ethers whenever the existence of those salts is possible within the specific chemical designation:

(a) androstanedione, also known as 5-alpha-androstan-3,17-dione;

(b) 1-androstenediol, also known as 3-beta,17-beta-dihydroxy-5-alpha-androst-1-ene; or 3-alpha,17-beta-dihydroxy-5-alpha-androst-1-ene;

(c) 1-androstenedione, also known as 5-alpha-androst-1-en-3,17-dione;

(d) 3-alpha,17-beta-dihydroxy-5-alpha-androstane;

(e) 3-beta,17-beta-dihydroxy-5-alpha-androstane;

(f) 4-androstenediol, also known as 3-beta,17-beta-dihydroxy-androst-4-ene;

(g) 4-androstenedione, also known as androst-4-en-3,17-dione;

(h) 4-dihydrotestosterone, also known as 17-beta-hydroxyandrostan-3-one;

(i) 4-hydroxy-19-nortestosterone, also known as 4,17-beta-dihydroxy-estr-4-en-3-one;

(j) 4-hydroxytestosterone, 4,17-beta-dihydroxy-androst-4-en-3-one;

(k) 5-androstenediol, also known as 3-beta,17-beta-dihydroxy-androst-5-ene;

(l) 5-androstenedione, also known as androst-5-en-3,17-dione;

(m) 13-beta-ethyl-17-beta-hydroxygon-4-en-3-one;

(n) 17-alpha-methyl-3-alpha,17-beta-dihydroxy-5-alpha-androstane;

(o) 17-alpha-methyl-3-beta,17-beta-dihydroxy-5-alpha-androstane;

(p) 17-alpha-methyl-3-beta,17-beta-dihydroxyandrost-4-ene;

(q) 17-alpha-methyl-4-hydroxynandrolone, also known as 17-alpha-methyl-4-hydroxy-17-beta-hydroxyestr-4-en-3-one;

(r) 17-alpha-methyl-delta-1-dihydrotestosterone, also known as 17-beta-hydroxy-17-alpha-methyl-5-alpha-androst-1-en-3-one, 17-alpha-methyl-1-testosterone;

(s) 19-nor-4-androstenediol, also known as 3-beta-17-beta-dihydroxyestr-4-ene; or 3-alpha-17-beta-dihydroxyestr-4-ene;

(t) 19-nor-4-androstenedione, also known as estr-4-en-3,17-dione;

(u) 19-nor-5-androstenediol, also known as 3-beta,17-beta-dihydroxyestr-5-ene; or 3-alpha,17-beta-dihydroxyestr-5-ene;

(v) 19-nor-5-androstenedione, also known as estr-5-en-3,17-dione;

(w) calusterone, also known as 7-beta,17-alpha-dimethyl-17-beta-hydroxyandrost-4-en-3-one;

(x) 19-Nor-4,9(10)-androstadienedione, also known as estra-4,9(10)-diene-3,17-dione;

(y) bolasterone, also known as (7-alpha-dimethyl)-17-beta-hydroxyandrost-4-ene-3-one;

(z) boldenone, also known as 17-beta-hydroxyandrost-1,4,-diene-3-one;

(aa) boldione, also known as androsta-1,4-diene-3,17-dione;

(bb) chlorotestosterone, also known as 4-chlortestosterone;

(cc) clostebol;

(dd) delta-1-dihydrotestosterone, also known as (17-beta-hydroxy-5-alpha-androst-1-en-3-one), 1-testosterone;

(ee) dehydrochloromethyltestosterone, also known as 4-chloro-17-beta-hydroxy-17-alpha-methylandrost-1,4-dien-3-one;

(ff) desoxymethyltestosterone, also known as 17-alpha-methyl-5-alpha-androst-2-en-17-beta-ol;

(gg) dihydrochlormethyltestosterone;

(hh) dihydrotestosterone, also known as 4-dihydrotestosterone;

(ii) drostanolone, also known as 17-beta-hydroxy-2-alpha-methyl-5-alpha-androstan-3-one;

(jj) ethylestrenol, also known as 17-alpha-ethyl-17-beta-hydroxyestr-4-ene;

(kk) fluoxymesterone, also known as 9-fluoro-17-alpha-methyl-11-beta,17-beta-dihydroxyandrost-4-en-3-one;

(ll) formebulone, also known as 2-formyl-17-alpha-methyl-11-alpha,17-beta-dihydroxyandrost-1,4-dien-3-one or formebolone;

(mm) furazabol, also known as 17-alpha-methyl-17-beta-hydroxyandrostano-[2,3-c]-furazan;

(nn) mestanolone, also known as 17-alpha-methyl-17-beta-hydroxy-5-alpha-androstan-3-one;

(oo) mesterolone, also known as 1-alpha-methyl-17-beta-hydroxy-(5-alpha)-androstan-3-one;

(pp) methandienone, also known as 17-alpha-methyl-17-beta-hydroxyandrost-1,4-diene-3-one;

(qq) methandranone;

(rr) methandriol, also known as 17-alpha-methyl-3-beta,17-beta-dihydroxyandrost-5-one;

(ss) methandrostenolone, also known as (17-beta)-17-hydroxy-17-methylandrosta-1,4-dien-3-one;

(tt) methasterone, also known as 2-alpha-17-alpha-dimethyl-5-alpha-androstan-17-beta-ol-3-one;

(uu) methenolone, also known as 1-methyl-17-beta-hydroxy-5-alpha-androst-1-en-3-one;

(vv) methyldienolone, also known as 17-alpha-methyl-17-beta-hydroxyestra-4,9-(10)-dien-3-one;

(ww) methyltestosterone, also known as 17-alpha-methyl-17-beta-hydroxyandrost-4-en-3-one;

(xx) methyltrienolone, also known as 17-alpha-methyl-17-beta-hydroxyestra-4,9,11-trien-3-one;

(yy) mibolerone, also known as 17-alpha,17-alpha-dimethyl-17-beta-hydroxyestr-4-en-3-one;

(zz) nandrolone, also known as 17-beta-hydroxyestr-4-en-3-one;

(aaa) norbolethone, also known as 13-beta,17-alpha-diethyl-17-beta-hydroxygon-4-en-3-one;

(bbb) norclostebol, also known as 4-chloro-17-beta-hydroxyestr-4-en-3-one;

(ccc) norethandrolone, also known as 17-alpha-ethyl-17-beta-hydroxyestr-4-en-3-one;

(ddd) normethandrolone, also known as 17-alpha-methyl-17-beta-hydroxyestr-4-en-3-one;

(eee) oxandrolone, also known as 17-alpha-methyl-17-beta-hydroxy-2-oxa-(5-alpha)-androstan-3-one;

(fff) oxymestrone, also known as 17-alpha-methyl-4,17-beta-dihydroxyandrost-4-en-3-one;

(ggg) oxymetholone, also known as 17-alpha-methyl-2-hydroxymethylene-17-beta-hydroxy-(5-alpha)-androstan-3-one;

(hhh) prostanozol, also known as 17-beta-hydroxy-5-alpha-androstano[3,2-c]pryazole;

(iii) stanolone;

(jjj) stanozolol, also known as 17-alpha-methyl-17-beta-hydroxy-(5-alpha)-androst-2-eno-(3,2-c)-pyrazole;

(kkk) stenbolone, also known as 17-beta-hydroxy-2-methyl-5-alpha-androst-1-en-3-one;

(lll) talbutal, also known as 5-(1-methylpropyl)-5-(2-propenyl)-2,4,6(1H,3H,5H)-pyrimidinetrione;

(mmm) testolactone, also known as 13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone;

(nnn) testosterone, also known as 17-beta-hydroxyandrost-4-en-3-one;

(ooo) trenbolone, also known as 17-beta-hydroxyestr-4,9,11-trien-3-one; or

(ppp) tetrahydrogestrinone, also known as 13-beta,17-alpha-diethyl-17-beta-hydroxygon-4,9,11-trien-3-one.

(6) Hallucinogenic substances include dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration-approved drug product, also known as (6-alpha-R-trans)-6-alpha,7,8,10-alpha-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.

(7) Anticonvulsant substances include perampanel.
Mont. Code Ann. § 50-4-510 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-510
50-4-510 Short title
Status: in_force

50-4-510 . Short title. Sections 50-4-510 through 50-4-512 may be cited as the "Patient's Right to Know the Costs of Medical Procedures Act".
Mont. Code Ann. § 50-32-224 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-224
50-32-224 Specific dangerous drugs included in Schedule II
Status: in_force

50-32-224 . Specific dangerous drugs included in Schedule II. Schedule II consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1) Substances, vegetable origin or chemical synthesis. Unless specifically excepted or listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, are included in this category:

(a) opium and opiate and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxone, 6β-naltrexol, naltrexone, naloxegol, and samidorphan and their respective salts, but including the following:

(i) raw opium;

(ii) opium extracts;

(iii) opium fluid;

(iv) powdered opium;

(v) granulated opium;

(vi) tincture of opium;

(vii) codeine;

(viii) dihydroetorphine;

(ix) ethylmorphine;

(x) etorphine hydrochloride;

(xi) hydrocodone;

(xii) hydromorphone;

(xiii) metopon;

(xiv) morphine;

(xv) noroxymorphone;

(xvi) oripavine;

(xvii) oxycodone;

(xviii) oxymorphone; and

(xix) thebaine;

(b) any salt, compound, derivative, or preparation of them that is chemically equivalent or identical with any of the substances referred to in subsection (1)(a), except that these substances do not include the isoquinoline alkaloids of opium;

(c) opium poppy and poppy straw;

(d) coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers, and derivatives, and any salt, compound, derivative, or preparation of them that is chemically equivalent or identical with any of these substances, except that these substances do not include:

(i) decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or

(ii) [ 123 I]ioflupane;

(e) concentrate of poppy straw, the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy.

(2) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

(a) alfentanil;

(b) alphaprodine;

(c) anileridine;

(d) bezitramide;

(e) bulk dextropropoxyphene (nondosage forms);

(f) carfentanil;

(g) dihydrocodeine;

(h) diphenoxylate;

(i) fentanyl;

(j) isomethadone;

(k) levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM;

(l) levomethorphan;

(m) levorphanol;

(n) metazocine;

(o) methadone;

(p) methadone-intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(q) moramide-intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;

(r) oliceridine N-[(3-methoxythiophen-2-yl)methyl]({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro[4.5]decan-9-yl]ethyl})amine);

(s) pethidine, also known as meperidine;

(t) pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(u) pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(v) pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(w) phenazocine;

(x) piminodine;

(y) racemethorphan;

(z) racemorphan;

(aa) remifentanil;

(bb) sufentanil;

(cc) tapentadol; and

(dd) thiafentanil.

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

(a) amphetamine, its salts, optical isomers, and salts of its optical isomers;

(b) phenmetrazine and its salts;

(c) lisdexamfetamine, its salts, isomers, and salts of its isomers;

(d) methamphetamine, its salts, isomers, and salts of its isomers; and

(e) methylphenidate.

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

(a) amobarbital;

(b) glutethimide;

(c) pentobarbital;

(d) phencyclidine; and

(e) secobarbital.

(5) Hallucinogenic substances include the following:

(a) dronabinol in oral solution in a drug product approved for marketing by the United States food and drug administration;

(b) nabilone, also known as (levo-dextro)-trans-3-(1,1-dimethylheptyl)-6,6-alpha,7,8,10,10-alpha-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one.

(6) Immediate precursors. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is an immediate precursor:

(a) 4-Anilino-N-phenethyl-4-piperidine (ANPP);

(b) phenylacetone, an immediate precursor to amphetamine and methamphetamine, also known as phenyl-2-propanone, P2P, benzyl methyl ketone, and methyl benzyl ketone;

(c) 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile (PCC), immediate precursors to phencyclidine (PCP); and

(d) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl).
Mont. Code Ann. § 50-16-202 — MT Code / Title 50 / Chapter 16 / Part 2 / Section 50-16-202
50-16-202 Committees to have access to information
Status: in_force

50-16-202 . Committees to have access to information. It is in the interest of public health and patient medical care that health care facility committees have access to the records and other health care information relating to the condition and treatment of patients in the health care facility to study and evaluate for the purpose of evaluating matters relating to the care and treatment of patients for research purposes and for the purpose of reducing morbidity or mortality and obtaining statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries. To carry out these purposes, any health care facility and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient in the health care facility to any utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of the health care facility.
Mont. Code Ann. § 50-32-101 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-101
50-32-101 Definitions
Status: in_force

50-32-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Administer" means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:

(a) a practitioner or by the practitioner's authorized agent; or

(b) the patient or research subject at the direction and in the presence of the practitioner.

(2) (a) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.

(b) The term does not include a common or contract carrier, public warehouse operator, or employee of the carrier or warehouse operator.

(3) "Board" means the board of pharmacy provided for in 2-15-1733 .

(4) "Bureau" means the drug enforcement administration, United States department of justice, or its successor agency.

(5) "Counterfeit substance" means a dangerous drug or the container or labeling of a dangerous drug without authorization that bears the trademark, trade name, or other identifying mark, imprint, number, or device or a likeness of an identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the drug.

(6) "Dangerous drug" means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2.

(7) (a) "Dangerous drug analogue" means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

(b) The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

(8) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship.

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

(10) "Dispense" means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery.

(11) "Dispenser" means a practitioner who dispenses.

(12) "Distribute" means to deliver other than by administering or dispensing a dangerous drug.

(13) "Distributor" means a person who distributes.

(14) "Drug" has the same meaning as provided in 37-7-101 .

(15) "Hashish", as distinguished from marijuana, means the mechanically processed or extracted plant material that contains tetrahydrocannabinol (THC) and is composed of resin from the cannabis plant.

(16) "Immediate precursor" means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture.

(17) (a) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container.

(b) Manufacture does not include the preparation or compounding of a dangerous drug by an individual for personal use or the preparation, compounding, packaging, or labeling of a dangerous drug:

(i) by a practitioner as an incident to the administering or dispensing of a dangerous drug in the course of a professional practice; or

(ii) by a practitioner or the practitioner's authorized agent under the practitioner's supervision for the purpose of or as an incident to research, teaching, or chemical analysis and not for sale.

(18) "Marijuana (marihuana)" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

(19) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;

(b) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;

(c) opium poppy and poppy straw; or

(d) coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.

(20) "Opiate" means a drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term does not include, unless specifically designated as a dangerous drug under 50-32-202 , the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term does include its racemic and levorotatory forms.

(21) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

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

(23) "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing.

(24) "Practitioner" means:

(a) a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;

(b) a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and

(c) a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state.

(25) "Prescription" means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. These stipulations apply to written, electronically transmitted, and telephoned prescriptions.

(26) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter.

(27) "State", when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America.

(28) "Ultimate user" means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household.
Mont. Code Ann. § 50-76-112 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-112
50-76-112 Rulemaking authority
Status: in_force

50-76-112 . Rulemaking authority. (1) The department may adopt rules consistent with the purposes of this chapter for the administration of the following classes of crane and hoist operators:

(a) crane and hoist oiler;

(b) crane and hoist hoisting;

(c) crane and hoist hydraulic;

(d) crane gantry and trolley;

(e) hoists;

(f) mine hoists;

(g) hydraulic and boom trucks;

(h) tower crane; and

(i) air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.

(2) In adopting rules pertaining to inspections and safety requirements, the department may consult with engineering authorities and organizations concerned with safety codes, rules, and regulations governing the operation, testing, maintenance, and inspection of cranes, hoists, and other equipment subject to the provisions of this chapter.
Mont. Code Ann. § 50-60-211 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-211
50-60-211 Inspections
Status: in_force

50-60-211 . Inspections. (1) The construction of a public building or alteration to a primary function area of a public building must be inspected for physical accessibility to persons with disabilities.

(2) The inspection must include the building site, including applicable exterior features, such as parking areas, passenger loading zones, private sidewalks, and the accessibility from adjacent public sidewalks, public streets, and public transportation stops.

(3) (a) The inspections must be completed by state building inspectors in areas not covered by a county, city, or town building code.

(b) (i) Counties, cities, and towns that have adopted a building code may assign appropriately trained personnel to perform site inspections conducted pursuant to this part.

(ii) Counties, cities, and towns conducting inspections pursuant to this section must have an enforcement mechanism in place to ensure compliance with the accessibility provisions of this part, including but not limited to denying building permits or certificates of occupancy, injunctions, or other civil enforcement procedures allowed by law.

(4) Existing public buildings that are not undergoing an alteration to a primary function area are not subject to the inspection provisions of this section.
Mont. Code Ann. § 50-19-202 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-202
50-19-202 Administration
Status: in_force

50-19-202 . Administration. This part shall be administered by the department, and the department may adopt rules for the administration of this part.
Mont. Code Ann. § 50-16-513 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-513
50-16-513 Retention of record
Status: in_force

50-16-513 . Retention of record. A health care provider shall maintain a record of existing health care information for at least 1 year following receipt of an authorization to disclose that health care information under 50-16-526 and during the pendency of a request for examination and copying under 50-16-541 or a request for correction or amendment under 50-16-543 .
Mont. Code Ann. § 50-10-107 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-107
50-10-107 DNR form to be readily available
Status: in_force

50-10-107 . DNR form to be readily available. The department shall ensure that the DNR identification form approved by the department is readily available at no cost or at a nominal charge.
Mont. Code Ann. § 50-61-119 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-119
50-61-119 Violation of chapter a misdemeanor
Status: in_force

50-61-119 . Violation of chapter a misdemeanor. (1) Any person failing, neglecting, or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.

(2) Each day's failure to comply with any of the provisions of this chapter, after the expiration of the time stipulated in the written notice provided for herein, shall constitute a separate offense.
Mont. Code Ann. § 50-4-1101 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1101
50-4-1101 Definitions
Status: in_force

50-4-1101 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) (a) "Conscience" means the ethical, moral, or religious beliefs or principles held by a medical practitioner, health care institution, or health care payer.

(b) With respect to institutional or corporate persons, as opposed to individual persons, the term is determined by reference to that entity or body's governing documents, including but not limited to published ethical, moral, or religious guidelines or directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.

(2) (a) "Discrimination" means an adverse action taken against, or a threat of adverse action communicated to, a medical practitioner, health care institution, or health care payer as a result of the medical practitioner, health care institution, or health care payer's refusal to participate in a health care service on the basis of conscience, including but not limited to termination of employment, transfer from current position, demotion from current position, adverse administrative action, reassignment to a different shift or job title, increased administrative duties, denial of staff privileges, denial of board certification, loss of career specialty, reduction of wages, benefits, or privileges, refusal to award a grant, contract, or other program, refusal to provide residency training opportunities, denial, deprivation, or disqualification of licensure, withholding or disqualifying from financial aid and other assistance, impediment of the creation or improvement of a health care institution or health care payer, impediment of the acquisition or merger of a health care institution or health care payer, the threat of any of the preceding actions, or any other penalty, disciplinary, or retaliatory action, whether executed or threatened.

(b) The term does not include the negotiation or purchase of insurance by a nongovernment entity.

(3) (a) "Health care institution" means a public or private hospital, outpatient center for primary care, medical center, physician organization, professional association, outpatient center for surgical services, private physician's office, pharmacy, long-term care facility, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed.

(b) The term includes but is not limited to organizations, corporations, partnerships, associations, agencies, networks, sole proprietorships, or joint ventures.

(4) "Health care payer" means an employer, health plan, health maintenance organization, insurance company, management services organization, or another entity that pays for or arranges for payment for a health care service, in whole or in part.

(5) "Health care service" means medical research or medical care provided to a patient at any time during the patient's course of treatment, including but not limited to initial examination, testing, diagnosis, referral, dispensing or administration of a drug, medication, or device, psychological therapy or counseling, research, prognosis, therapy, record-making procedures, notes related to treatment, set up, or performance of a surgery or procedure, or any other care or service performed or provided by a medical practitioner.

(6) (a) "Medical practitioner" means a person who is or may be asked to participate in a health care service.

(b) The term includes but is not limited to physicians, nurse practitioners, physician assistants, nurses, nurse aides, allied health professionals, medical assistants, hospital employees, employees of an outpatient center for primary care, outpatient center for surgical services, or long-term care facility, pharmacists, pharmacy technicians, pharmacy employees, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any other person who facilitates or participates in a health care service.

(7) "Participate in a health care service" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing a health care service.

(8) "Person" means one or more individuals, partnerships, associations, or corporations.
Mont. Code Ann. § 50-5-251 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-251
50-5-251 Health freedom and access requirement
Status: in_force

50-5-251 . Health freedom and access requirement. (1) A licensed experimental treatment center shall allocate 2% of its net annual profits to support access to experimental treatments and health care for qualifying Montana residents. This allocation must be documented on a form provided by the department and submitted by February 1 of each year.

(2) The health freedom and access requirement prescribed in subsection (1) may be fulfilled by:

(a) providing free experimental treatment, as that term is defined in 50-12-102 , to qualifying Montana residents in an amount that is equal to at least 2% of the center's net annual profits; or

(b) contributing 2% of the center's net annual profits into the insurance premium support account established in 50-5-252 .

(3) The department shall develop policies and procedures, including application and reimbursement processes, to:

(a) determine who are qualifying Montana residents for the purpose of implementing this section; and

(b) support requests by Montana residents for the provision of experimental treatments at experimental treatment centers under this section.
Mont. Code Ann. § 50-20-507 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-507
50-20-507 Exceptions
Status: in_force

50-20-507 . Exceptions. Consent is not required under 50-20-504 if:

(1) the attending physician or physician assistant certifies in the minor's medical record that a medical emergency exists and there is insufficient time to provide consent;

(2) consent is waived, in a notarized writing, by the person entitled to give consent; or

(3) consent is waived under 50-20-509 .
Mont. Code Ann. § 50-73-208 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-208
50-73-208 Final survey and map update when mine abandoned or worked out
Status: in_force

50-73-208 . Final survey and map update when mine abandoned or worked out. (1) When a coal mine is worked out, is about to be abandoned, or indefinitely closed, the operator shall make or cause to be made a final survey of all available parts of the mine, and the results shall be duly extended on all maps and copies of the mine to show all excavations and the most advanced workings of the mine and their exact relations to the boundary or section lines on the surface.

(2) The department may order a survey to be made of the workings of a mine which is about to be abandoned or of which it has reason to believe the maps are inaccurate whenever in its judgment the safety of the workers, the support of the surface, the conservation of the property, or the safety of an adjoining mine requires it. The survey shall be at the expense of the state.
Mont. Code Ann. § 50-16-704 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-704
50-16-704 Confidentiality -- penalty for violation -- immunity from liability
Status: in_force

50-16-704 . Confidentiality -- penalty for violation -- immunity from liability. (1) The name of the person diagnosed as having an infectious disease may not be released to anyone, including the emergency services provider who was exposed, nor may the name of the emergency services provider who was exposed be released to anyone other than the emergency services provider, except as required by this part, by department rule concerning reporting of communicable disease, or as allowed by Title 50, chapter 16, part 5.

(2) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.

(3) A health care facility, a representative of a health care facility, a physician, or the designated officer of an emergency services provider's organization may not be held jointly or severally liable for providing the notification required by 50-16-703 when the notification is made in good faith or for failing to provide the notification if good faith attempts to contact an exposed person of exposure are unsuccessful.
Mont. Code Ann. § 50-32-105 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-105
50-32-105 Board to conduct educational programs
Status: in_force

50-32-105 . Board to conduct educational programs. (1) The board shall carry out educational programs designed to prevent and deter misuse and abuse of dangerous drugs.

(2) In connection with these programs, it may:

(a) promote better recognition of the problems of misuse and abuse of dangerous drugs within the regulated industry and among interested groups and organizations;

(b) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of dangerous drugs;

(c) consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(d) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of dangerous drugs;

(e) disseminate the results of research on misuse and abuse of dangerous drugs to promote a better public understanding of what problems exist and what can be done to combat them; and

(f) assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of dangerous drugs.
Mont. Code Ann. § 50-79-302 — MT Code / Title 50 / Chapter 79 / Part 3 / Section 50-79-302
50-79-302 Disposal of large quantities of radioactive material prohibited -- exceptions and exclusion
Status: in_force

50-79-302 . Disposal of large quantities of radioactive material prohibited -- exceptions and exclusion. (1) No person may dispose of large quantity radioactive material, byproduct material, or special nuclear material within the state of Montana.

(2) Byproduct material (except large quantity radioactive material) possessed, used, and transported for educational purposes, scientific research and development, medical research, diagnosis, and treatment, geophysical surveying, and similar uses licensed by the United States nuclear regulatory commission shall be excepted from this part, provided that such material is being or has been lawfully disposed of within Montana upon the effective date of this Act.

(3) Nothing in this part precludes the construction of a nuclear facility approved under the requirements of the Montana Major Facility Siting Act, or the mining of any raw ore, provided that such activity is not inconsistent with this part.
Mont. Code Ann. § 50-12-202 — MT Code / Title 50 / Chapter 12 / Part 2 / Section 50-12-202
50-12-202 Definitions
Status: in_force

50-12-202 . Definitions. As used in this part, the following definitions apply:

(1) "Council" means the palliative care and quality of life interdisciplinary advisory council provided for in 50-12-203 .

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

(3) "Palliative care" means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness.

(4) "Program" means the palliative care consumer and professional information and education program provided for in 50-12-205 .
Mont. Code Ann. § 50-15-409 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-409
50-15-409 List of deaths to be made by department -- copy to county clerk
Status: in_force

50-15-409 . List of deaths to be made by department -- copy to county clerk. The department shall prepare on or before the fifth of January, April, July, and October of each year a list of all deaths, together with the date of the death, reported to it during the period and shall send a copy of the list of deaths to the county clerk of each county in the state.
Mont. Code Ann. § 50-5-204 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-204
50-5-204 Issuance and renewal of licenses -- inspections
Status: in_force

50-5-204 . Issuance and renewal of licenses -- inspections. (1) After receipt of a new application and notice that the facility is ready to be inspected, the department or its authorized agent shall conduct an initial inspection of the facility within 45 days.

(2) After receipt of an application for renewal of a license, the department or its authorized agent shall inspect the facility without prior notice to the operator or staff prior to the expiration of the current license.

(3) If the department determines that the facility meets minimum standards and the proposed or existing staff is qualified, the department shall issue a license for a period of 1 to 3 years in duration.

(4) If minimum standards are not met, the department may reduce a license to, or issue, a provisional license for less than 1 year if operation will not result in undue hazard to patients or residents or if the demand for accommodations offered is not met in the community.

(5) The department may inspect a licensed health care facility whenever it considers it necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.
Mont. Code Ann. § 50-16-529 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-529
50-16-529 Disclosure without patient's authorization based on need to know
Status: in_force

50-16-529 . Disclosure without patient's authorization based on need to know. A health care provider may disclose health care information about a patient without the patient's authorization, to the extent a recipient needs to know the information, if the disclosure is:

(1) to a person who is providing health care to the patient;

(2) to any other person who requires health care information for health care education; to provide planning, quality assurance, peer review, or administrative, legal, financial, or actuarial services to the health care provider; for assisting the health care provider in the delivery of health care; or to a third-party health care payor who requires health care information and if the health care provider reasonably believes that the person will:

(a) not use or disclose the health care information for any other purpose; and

(b) take appropriate steps to protect the health care information;

(3) to any other health care provider who has previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider not to make the disclosure;

(4) to immediate family members of the patient or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with the laws of the state and good medical or other professional practice, unless the patient has instructed the health care provider not to make the disclosure;

(5) to a health care provider who is the successor in interest to the health care provider maintaining the health care information;

(6) for use in a research project that an institutional review board has determined:

(a) is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

(b) is impracticable without the use or disclosure of the health care information in individually identifiable form;

(c) contains reasonable safeguards to protect the information from improper disclosure;

(d) contains reasonable safeguards to protect against directly or indirectly identifying any patient in any report of the research project; and

(e) contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;

(7) to a person who obtains information for purposes of an audit, if that person agrees in writing to:

(a) remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

(b) not disclose the information further, except to accomplish the audit or to report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient or other unlawful conduct by a health care provider;

(8) to an official of a penal or other custodial institution in which the patient is detained; and

(9) to any contact, as defined in 50-16-1003 , if the health care provider reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the contact or any other individual.
Mont. Code Ann. § 50-57-108 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-108
50-57-108 Violation -- misdemeanor
Status: in_force

50-57-108 . Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:

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

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

(3) fined an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.
Mont. Code Ann. § 50-30-306 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-306
50-30-306 Injunction authorized
Status: in_force

50-30-306 . Injunction authorized. In addition to the remedies hereinafter provided, the department is authorized to apply to court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-30-301 , irrespective of whether or not there exists an adequate remedy at law.
Mont. Code Ann. § 50-52-211 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-211
50-52-211 Right to renewal
Status: in_force

50-52-211 . Right to renewal. (1) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.

(2) Renewal may be obtained annually by paying the required annual license fee.
Mont. Code Ann. § 50-10-102 — MT Code / Title 50 / Chapter 10 / Part 1 / Section 50-10-102
50-10-102 Immunities
Status: in_force

50-10-102 . Immunities. (1) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of DNR identification upon a person:

(a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining procedures from that person;

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

(c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;

(d) a health care facility in which withholding or withdrawal of life-sustaining procedures from that person occurs;

(e) physicians, advanced practice registered nurses, persons under the direction or authorization of a physician or an advanced practice registered nurse, emergency medical services personnel, or health care facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses DNR identification.

(2) The provisions of subsections (1)(a) through (1)(d) apply when a life-sustaining procedure is withheld or withdrawn in accordance with the do not resuscitate protocol.

(3) Emergency medical services personnel who follow a do not resuscitate order from a licensed physician or advanced practice registered nurse are not subject to civil or criminal liability and are not guilty of unprofessional conduct.
Mont. Code Ann. § 50-40-108 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-108
50-40-108 Enforcement
Status: in_force

50-40-108 . Enforcement. The provisions of this part must be supervised and enforced by the department and the department's designees, local boards of health, and the boards' designees under the direction of the department.
Mont. Code Ann. § 50-73-412 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-412
50-73-412 Debarment of persons from mine when death or serious injury likely
Status: in_force

50-73-412 . Debarment of persons from mine when death or serious injury likely. If, upon an inspection of a mine, the department finds that the conditions or practices in the mine create a danger that could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated, the department shall determine the extent of the area of the mine throughout which the danger exists and order the operator of the mine to have all persons withdrawn from and excluded from entering the area, except the persons whose presence in the area is necessary to eliminate the danger described in the order as follows:

(1) a person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger;

(2) a public official whose official duties require the official to enter the area;

(3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make mine examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.
Mont. Code Ann. § 50-77-101 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-101
50-77-101 Scaffolds -- definition -- safety practices -- liability
Status: in_force

50-77-101 . Scaffolds -- definition -- safety practices -- liability. (1) As used in this part, "scaffold" or "scaffolding" means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. The term includes a ladder or other equipment that is the exclusive route of access to the scaffold but does not include any other ladder or other mobile construction equipment.

(2) Employers and employees shall follow safety practices commonly recognized in the construction industry as well as applicable state and federal occupational safety laws.

(3) Subject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor, or builder who uses or constructs a scaffold on a construction site is liable for damages sustained by any person who uses the scaffold, except a fellow employee or immediate employer, when the damages are caused by negligence of the contractor, subcontractor, or builder in the use or construction of the scaffold.

(4) If a person dies from an injury caused by the negligent use or construction of a scaffold, the right of action survives and may be prosecuted and maintained by the decedent's heirs or personal representatives.
Mont. Code Ann. § 50-65-121 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-121
50-65-121 Local consistency required
Status: in_force

50-65-121 . Local consistency required. The provisions of 7-1-113 apply in the administration and application of this chapter.
Mont. Code Ann. § 50-31-402 — MT Code / Title 50 / Chapter 31 / Part 4 / Section 50-31-402
50-31-402 When cosmetic misbranded
Status: in_force

50-31-402 . When cosmetic misbranded. A cosmetic shall be deemed to be misbranded if:

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

(2) in package form unless it bears a label containing:

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

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

(3) 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 thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) its container is so made, formed, or filled as to be misleading;

(5) it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.
Mont. Code Ann. § 50-50-301 — MT Code / Title 50 / Chapter 50 / Part 3 / Section 50-50-301
50-50-301 Health officers and sanitarians to make investigations and inspections -- training requirements
Status: in_force

50-50-301 . Health officers and sanitarians to make investigations and inspections -- training requirements. (1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be conducted more often than once a year.

(2) A person conducting an inspection must be certified and have completed a food safety training program, such as the program administered by the national restaurant association educational foundation or its equivalent.

(3) (a) A cottage food operation is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products.

(b) A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis.

(4) A producer as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to that homemade food or homemade food product.
Mont. Code Ann. § 50-4-1303 — MT Code / Title 50 / Chapter 4 / Part 13 / Section 50-4-1303
50-4-1303 Prohibition on interference with work of pregnancy center
Status: in_force

50-4-1303 . Prohibition on interference with work of pregnancy center. The state or a local government may not adopt or enact a law, rule, policy, or similar measure that:

(1) requires a pregnancy center to:

(a) offer or perform abortions;

(b) offer, provide, or distribute abortion-inducing drugs or contraception;

(c) refer a patient for an abortion, an abortion-inducing drug, or contraception;

(d) counsel a patient in favor of an abortion, an abortion-inducing drug, or contraception; or

(e) post an advertisement, sign, flyer, or similar material that promotes or provides information about obtaining an abortion, abortion-inducing drugs, or contraception;

(2) prohibits a pregnancy center from:

(a) providing information, care, counseling, classes, or other services related to pregnancy, childbirth, or parenting because the pregnancy center does not perform, refer, or counsel in favor of abortion, abortion-inducing drugs, or contraception;

(b) providing prenatal and postnatal resources, such as diapers, baby clothes, baby furniture, formula, and similar items, because the pregnancy center does not perform, refer, or counsel in favor of abortion, abortion-inducing drugs, or contraception;

(c) providing medical testing, counseling, and care related to pregnancy or childbirth because the pregnancy center does not perform, refer, or counsel in favor of abortion, abortion-inducing drugs, or contraception; or

(d) counseling a woman on pregnancy-related care or treatment, including care or treatment that may reverse the effects of abortion-inducing drugs; or

(3) interferes with the pregnancy center's staffing or hiring decisions by requiring the pregnancy center to interview, hire, or continue to employ a person who does not affirm the center's mission statement or agree to comply with the center's pro-life ethic and operating procedures.
Mont. Code Ann. § 50-74-108 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-108
50-74-108 Tampering with safety valve a misdemeanor
Status: in_force

50-74-108 . Tampering with safety valve a misdemeanor. A renter, user, or owner of a boiler or a person who tampers with the safety valve to allow the boiler to carry greater pressure than is allowed by the inspection certificate is guilty of a misdemeanor.
Mont. Code Ann. § 50-5-301 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-301
50-5-301 When certificate of need is required -- definitions -- report on capital expenditures not subject to certificate of need
Status: in_force

50-5-301 . When certificate of need is required -- definitions -- report on capital expenditures not subject to certificate of need. (1) Unless a person has submitted an application for and is the holder of a certificate of need granted by the department, the person may not initiate any of the following:

(a) a change in the bed capacity of a long-term care facility through an increase in the number of beds or a relocation of beds from one long-term care facility or site to another, unless:

(i) the number of beds involved is 10 or less or 10% or less of the licensed beds, if fractional, rounded down to the nearest whole number, whichever figure is smaller, and no beds have been added or relocated during the 2 years prior to the date on which the letter of intent for the proposal is received;

(ii) a letter of intent is submitted to the department; and

(iii) the department determines that the proposal will not significantly increase the cost of care provided or exceed the bed need projected in the state long-term care facilities plan;

(b) the addition of a health service that is offered by or on behalf of a long-term care facility that was not offered by or on behalf of the facility within the 12-month period before the month in which the service would be offered and that will result in additional annual operating and amortization expenses of $150,000 or more;

(c) the incurring of an obligation for a capital expenditure by any person or persons to acquire 50% or more of an existing long-term care facility unless:

(i) the person submits the letter of intent required by 50-5-302 (2); and

(ii) the department finds that the acquisition will not significantly increase the cost of care provided or increase bed capacity;

(d) the construction, development, or other establishment of a long-term care facility that is being replaced or that did not previously exist, by any person, including another type of long-term care facility;

(e) the use of hospital beds in excess of five to provide services to patients or residents needing only skilled nursing care, intermediate nursing care, or intermediate developmental disability care, as those levels of care are defined in 50-5-101 ; or

(f) the provision by a hospital of services for long-term care.

(2) (a) For purposes of this part, "long-term care facility" means an entity that provides skilled nursing care, intermediate nursing care, or intermediate developmental disability care, as defined in 50-5-101 , to a total of two or more individuals.

(b) The term does not include residential care facilities, as defined in 50-5-101 ; community homes for persons with developmental disabilities, licensed under 53-20-305 ; community homes for persons with severe disabilities, licensed under 52-4-203 ; boarding or foster homes for children, licensed under 52-2-622 ; hotels, motels, boardinghouses, roominghouses, or similar accommodations providing for transients, students, or individuals not requiring institutional health care; or correctional facilities operating under the authority of the department of corrections.

(3) This section may not be construed to require a long-term care facility to obtain a certificate of need for a nonreviewable service that would not be subject to a certificate of need if undertaken by a person other than a long-term care facility.

(4) (a) When a person incurs an obligation by or on behalf of a long-term care facility for a capital expenditure that exceeds $5 million and does not otherwise require a certificate of need under this part, the person shall, upon completion of the project:

(i) notify the department of the total amount of the expenditure; and

(ii) provide a description of the project.

(b) This subsection (4) does not apply to a capital expenditure that involves the acquisition of an existing long-term care facility.
Mont. Code Ann. § 50-16-535 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-535
50-16-535 When health care information available by compulsory process
Status: in_force

50-16-535 . When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:

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

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

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

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

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

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

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

(h) the health care information is relevant to a proceeding brought under 50-16-551 through 50-16-553 ;

(i) the health care information is relevant to a proceeding brought under Title 41, chapter 3;

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

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

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

(2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding in which disclosure is otherwise prohibited by law.
Mont. Code Ann. § 50-50-116 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-116
50-50-116 Conditions for cottage food operation exemption from licensure and routine facility inspection
Status: in_force

50-50-116 . Conditions for cottage food operation exemption from licensure and routine facility inspection. (1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117 .

(2) A cottage food operation shall:

(a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code;

(b) package cottage food products and label the cottage food products prior to sale, including on the label, at a minimum, the following:

(i) the name, address, city, state, and zip code of the cottage food operation;

(ii) the name of the cottage food product;

(iii) the ingredients of the cottage food product, in descending order of predominance by weight;

(iv) the net quantity, weight, count, or volume of the cottage food product;

(v) allergen labeling as specified by federal and state labeling requirements;

(vi) if a nutritional claim is made, an appropriate label if required by federal law; and

(vii) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label:

"Made in a home kitchen that is not subject to retail food establishment regulations or inspections."

(3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.

(4) Processing or packaging of cottage food products must be in the specific registered area of the domestic residence of the person processing or packaging the cottage food products.

(5) A cottage food operation may store cottage food products only in the registered area of the primary domestic residence used to produce the cottage food product or temporarily in a motor vehicle used to transport cottage food products.

(6) (a) A cottage food operation is subject to local health authority or state enforcement action for violations of applicable department regulations.

(b) Cottage food products may be subject to other state or federal laws or regulations.

(7) A cottage food operation that meets the requirements in this section is not a retail food establishment or a wholesale food establishment and is not subject to licensure or inspection requirements under Title 50, chapter 57, or this chapter.
Mont. Code Ann. § 50-74-205 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-205
50-74-205 Purchaser to receive certificate of inspection
Status: in_force

50-74-205 . Purchaser to receive certificate of inspection. (1) Any person purchasing any boiler, whether traction or stationary, shall be entitled to receive from the seller the certificates of inspection issued on such boiler.

(2) Any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.
Mont. Code Ann. § 50-31-237 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-237
50-31-237 Health claims for bottled water
Status: in_force

50-31-237 . Health claims for bottled water. Claims of medicinal or health-giving properties on labels or in advertisements for bottled water are prohibited.
Mont. Code Ann. § 50-79-201 — MT Code / Title 50 / Chapter 79 / Part 2 / Section 50-79-201
50-79-201 State radiation control agency
Status: in_force

50-79-201 . State radiation control agency. (1) The department is the state radiation control agency.

(2) Under the laws of this state, the department may employ, compensate, and prescribe the powers and duties of the individuals that are necessary to carry out this chapter.

(3) The department may, subject to the provisions of 50-79-410 , for the protection of the occupational and public health and safety:

(a) develop and conduct programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;

(b) develop programs and adopt rules with due regard for compatibility with federal programs for licensing and regulation of byproduct, source, radioactive waste, and special nuclear materials and other radioactive materials. These rules must cover equipment and facilities, methods for transporting, handling, and storage of radioactive materials, permissible levels of exposure, technical qualifications of personnel, required notification of accidents and other incidents involving radioactive materials, survey methods and results, methods of disposal of radioactive materials, posting and labeling of areas and sources, and methods and effectiveness of controlling individuals in posted and restricted areas.

(c) adopt rules relating to control of other sources of ionizing radiation. These rules must cover equipment and facilities, permissible levels of exposure to personnel, posting of areas, surveys, and records.

(d) advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;

(e) accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;

(f) encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation;

(g) collect and disseminate information relating to control of sources of ionizing radiation, including:

(i) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(ii) maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under this chapter and any administrative or judicial action pertaining to this chapter;

(iii) maintenance of a file of all rules relating to regulation of sources of ionizing radiation, pending or adopted, and proceedings.
Mont. Code Ann. § 50-5-701 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-701
50-5-701 Definitions
Status: in_force

50-5-701 . Definitions. As used in this part, the following definitions apply:

(1) "Aftercare" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:

(a) basic activities of daily living;

(b) instrumental activities of daily living; and

(c) medical or nursing tasks that do not require a licensed professional.

(2) "Discharge" means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission.

(3) "Entry" means an individual's admission into a hospital for the purposes of inpatient care.

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

(5) (a) "Lay caregiver" means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.

(b) The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.

(6) "Legal representative" means:

(a) a legal guardian;

(b) a person who holds a medical power of attorney; or

(c) a representative named in an advance health care directive recognized under Montana law or the law of another state.

(7) (a) "Residence" means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend.

(b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.
Mont. Code Ann. § 50-17-111 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-111
50-17-111 Transfer of person to another treatment location
Status: in_force

50-17-111 . Transfer of person to another treatment location. If it is in the best interest of a person committed to a treatment location, the person may be transferred from the location to which the person was committed to another location approved by the department. The person in charge of the approved course of treatment at the location to which the person was committed shall notify the court that ordered commitment, and the department or local board that requested commitment, of the transfer.
Mont. Code Ann. § 50-6-325 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-325
50-6-325 Waiver of licensing requirements
Status: in_force

50-6-325 . Waiver of licensing requirements. (1) The department may waive any licensing requirements under this part upon submission and approval of a written application for waiver by a person subject to licensing under this part.

(2) The department may waive a licensing requirement if the person provides sufficient justification to allow a finding by the department that:

(a) the waiver is necessary to avoid significant financial or other hardship; and

(b) granting the waiver would not jeopardize patient care or the public health and safety.

(3) A waiver must be issued on a temporary basis, not exceeding 6 months, and may be renewed by the department upon submission and approval of an additional application for waiver of licensing requirements.

(4) A waiver granted by the department may be revoked for good cause after notice and an opportunity for a hearing before the department have been provided to the person affected by the department's action.
Mont. Code Ann. § 50-52-203 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-203
50-52-203 Expiration date of license
Status: in_force

50-52-203 . Expiration date of license. (1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause.

(2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms will be prorated by the department.
Mont. Code Ann. § 50-20-302 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-302
50-20-302 Legislative purpose and findings
Status: in_force

50-20-302 . Legislative purpose and findings. (1) The legislature finds that:

(a) it is essential to the psychological and physical well-being of a woman who is considering an abortion that the woman receive complete and accurate information on alternatives;

(b) the knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between the alternatives of giving birth and having an abortion;

(c) in most instances, the only contact with a physician that a woman who has an abortion has occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning the decision;

(d) the decision to abort is an important and often stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences;

(e) the medical, emotional, and psychological consequences of an abortion are serious and can be lasting;

(f) some abortion facilities or providers offer only limited or impersonal counseling opportunities; and

(g) some abortion facilities or providers hire untrained and unprofessional counselors whose primary goal is to sell abortion services.

(2) Based on the findings in subsection (1), it is the purpose of this part to:

(a) ensure that every woman who is considering an abortion receive complete information on alternatives and that every woman submitting to an abortion do so only after giving informed consent to the abortion procedure;

(b) protect unborn children from a woman's uninformed decision to have an abortion; and

(c) reduce the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that the decision was not fully informed.
Mont. Code Ann. § 50-5-1402 — MT Code / Title 50 / Chapter 5 / Part 14 / Section 50-5-1402
50-5-1402 Legislative intent
Status: in_force

50-5-1402 . Legislative intent. It is the intent of the legislature that:

(1) preservation of relationships between a patient and the patient's family members and associates is essential to the health and well-being of the patient; and

(2) a patient's need for visitation is a right that may not be superseded by other government objectives, except as provided in 50-5-1404 .
Mont. Code Ann. § 50-15-702 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-702
50-15-702 Definitions
Status: in_force

50-15-702 . Definitions. As used in this part, the following definitions apply:

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

(2) "Health care practitioner" means a person licensed pursuant to Title 37, chapter 3, to practice medicine or pursuant to Title 37, chapter 4, to practice dentistry.

(3) "Hospital" means a facility that provides, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick persons.

(4) "Medical services" means diagnosis or treatment of illness in a human being by or under the supervision of a health care practitioner.
Mont. Code Ann. § 50-60-116 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-116
50-60-116 Continuing education -- funding support from building fees -- special account
Status: in_force

50-60-116 . Continuing education -- funding support from building fees -- special account. (1) There is a building codes education program administered by the department for the purpose of providing continuing education in building code standards and other related topics to interested persons in the construction industry and in regulatory agencies of state and local government.

(2) The building codes education program must be funded entirely from building fee revenue collected by the department, and the department shall allocate 0.5% of the fees that the department collects pursuant to 50-60-104 to the state special revenue account established in subsection (3) to pay the costs of conducting courses and seminars at multiple locations in the state.

(3) There is an account in the state special revenue fund for the purpose of paying the costs of the building codes education program.

(4) The department may expend the funds referred to in subsection (2) to contract with the cooperative extension service, the extended studies programs, other appropriate units of the Montana university system, or private sector entities to develop and conduct the building codes education program.
Mont. Code Ann. § 50-37-102 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-102
50-37-102 Where chapter not to apply
Status: in_force

50-37-102 . Where chapter not to apply. (1) Nothing in this chapter shall be construed to prohibit the sale of any kind of fireworks to a person holding a permit issued under 50-37-107 at the display covered by such permits, the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States armed forces.

(2) This chapter does not apply to toy paper caps containing less than one-fourth of a grain of explosive composition per cap, to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, to the military or naval forces of the United States or this state, to peace officers, or to the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.

(3) Nothing in this chapter authorizes the sale of fireworks in a city or town that has banned the sale of fireworks within the city or town as authorized in 7-33-4206 .
Mont. Code Ann. § 50-22-101 — MT Code / Title 50 / Chapter 22 / Part 1 / Section 50-22-101
50-22-101 Determination of death
Status: in_force

50-22-101 . Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brainstem, is dead. A determination of death must be made in accordance with accepted medical standards.
Mont. Code Ann. § 50-30-104 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-104
50-30-104 Department to develop accident prevention and health oriented education programs
Status: in_force

50-30-104 . Department to develop accident prevention and health oriented education programs. The department, in cooperation with other state and federal agencies, shall develop and conduct appropriate accident prevention and health oriented educational programs. The educational programs shall inform the public of the hazards, proper handling and use, disposal, storage, and transportation of hazardous substances and the proper medical and first-aid procedures for accidents resulting from hazardous substances.
Mont. Code Ann. § 50-57-213 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-213
50-57-213 Special revenue account
Status: in_force

50-57-213 . Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under this chapter.
Mont. Code Ann. § 50-3-106 — MT Code / Title 50 / Chapter 3 / Part 1 / Section 50-3-106
50-3-106 Appointment of special fire inspectors
Status: in_force

50-3-106 . Appointment of special fire inspectors. Special fire inspectors may be appointed to perform any inspection of the fire prevention and investigation section.
Mont. Code Ann. § 50-79-404 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-404
50-79-404 Prohibited activity
Status: in_force

50-79-404 . Prohibited activity. (1) No person shall acquire, own, possess, or use any radioactive byproduct material, source material, special nuclear materials, or other radioactive materials, occurring naturally or produced artificially, without having been granted a license therefor from the department or transfer to another or dispose of said materials without first having been granted approval of the department therefor in accordance with the administrative rules of the department.

(2) It shall be unlawful for any person to use, manufacture, produce, or knowingly transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless such person is licensed by or registered with the department in accordance with the provisions of this chapter and rules issued hereunder.
Mont. Code Ann. § 50-4-716 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-716
50-4-716 Criteria for distribution of assets
Status: in_force

50-4-716 . Criteria for distribution of assets. (1) The public assets distributed to a foundation or nonprofit organization in accordance with 50-4-715 or 50-4-720 must be in the form of cash or a combination of cash and publicly traded securities or bonds or similar assets that are readily convertible to cash and for which a secondary market exists.

(2) The attorney general may determine that a distribution of assets of a nonprofit health entity is not required if the transaction is determined not to be a conversion transaction and is a transaction in the ordinary course of business and for fair market value.

(3) In determining fair market value, the attorney general may consider all relevant factors that may include but are not limited to:

(a) the value of the nonprofit health entity or an affiliate or the assets of the nonprofit health entity or affiliate that are determined as if the nonprofit health entity or affiliate had voting stock outstanding and 100% of its stock was freely transferable and available for purchase without restriction;

(b) the value as a going concern;

(c) the market value;

(d) the investment or earnings value;

(e) the net asset value; and

(f) a control premium, if any.
Mont. Code Ann. § 50-15-209 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-209
50-15-209 Certificate of nonviable birth -- requirements
Status: in_force

50-15-209 . Certificate of nonviable birth -- requirements. (1) The department shall establish a certificate of nonviable birth on a form adopted by the department and meeting the requirements of subsection (4). On request by a parent, a certificate of nonviable birth must be filed and be provided to the parent.

(2) The department shall make available on its website information to advise a parent:

(a) of the manner in which a request for a certificate of nonviable birth may be made; and

(b) that the parent must request the certificate within 60 days of the nonviable birth.

(3) A request for a certificate of nonviable birth must:

(a) be made within 60 days of the birth on a form prescribed by the department by rule; and

(b) include the date of the nonviable birth and the county in which the birth occurred.

(4) The certificate of nonviable birth prepared by the department must contain:

(a) the date of the nonviable birth;

(b) the county in which the birth occurred;

(c) the name of the fetus. If the requesting parent does not wish to provide a name, the department shall fill in the certificate with the name "baby boy", "baby girl", or, if the sex of the child is unknown, "baby" and the last name of the parent as provided in 50-15-221 .

(5) The following statement must appear on the front of the certificate: "This certificate is not proof of a live birth".

(6) A certificate of nonviable birth is a private commemorative document and is not a public record.

(7) It is a final agency action, not subject to review under the Montana Administrative Procedure Act, for the department to refuse to issue a certificate of nonviable birth to a person who has failed to provide information required by the department by rule for issuance of the certificate.

(8) The department may not use a certificate of nonviable birth to calculate live birth statistics.

(9) This section may not be used to establish, bring, or support:

(a) a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a nonviable birth; or

(b) a criminal cause of action against any person or entity for a nonviable birth.

(10) The department shall adopt rules as to the form, content, and process for the certificate of nonviable birth.
Mont. Code Ann. § 50-15-103 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-103
50-15-103 Duties of department
Status: in_force

50-15-103 . Duties of department. The department shall:

(1) divide the state into registration districts and change districts as necessary;

(2) promulgate rules necessary to implement this chapter;

(3) administer and enforce the provisions of this chapter and rules adopted to implement this chapter;

(4) conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;

(5) prescribe, furnish, and distribute forms required by this chapter or rules adopted pursuant to this chapter or prescribe other means for the transmission of data that will accomplish complete and accurate reporting and registration; and

(6) prepare and publish reports of vital statistics of this state.
Mont. Code Ann. § 50-4-1102 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1102
50-4-1102 Right of conscience for health care institutions and health care payers -- immunity -- exceptions
Status: in_force

50-4-1102 . Right of conscience for health care institutions and health care payers -- immunity -- exceptions. (1) (a) A health care institution or health care payer may not be required to participate in or pay for a health care service that violates the health care institution's or health care payer's conscience, including by permitting the use of its facilities.

(b) An insurance company shall list any health care service that it may refuse to pay for on the basis of conscience in the applicable policy.

(2) Except as provided in subsection (5), refusal to participate in or pay for a health care service under this section may not give rise to liability of the health care institution or health care payer for damages allegedly arising from the refusal or be the basis for any discrimination, discipline, or other recriminatory action against the health care institution, health care payer, or any personnel, agent, or governing board.

(3) Nothing in this section may be construed to relieve a health care institution of the requirement to provide emergency medical treatment to all patients set forth in 42 U.S.C. 1395dd.

(4) 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 .

(5) The immunity provisions of this section do not apply to a health care institution or health care payer owned or operated by the state or a political subdivision of the state.
Mont. Code Ann. § 50-60-902 — MT Code / Title 50 / Chapter 60 / Part 9 / Section 50-60-902
50-60-902 Enforcement
Status: in_force

50-60-902 . Enforcement. Rules promulgated under 50-60-901 may be enforced only as provided in Title 76, chapter 3, part 5. The powers and duties for enforcement provided in 76-3-501 apply to rules adopted under 50-60-901 and do not apply to or include any rules adopted under Title 50, chapter 60, parts 1 through 8.
Mont. Code Ann. § 50-78-104 — MT Code / Title 50 / Chapter 78 / Part 1 / Section 50-78-104
50-78-104 Relationship to OSHA standard
Status: in_force

50-78-104 . Relationship to OSHA standard. Any employer complying with the provisions of the OSHA standard, whether or not that employer is regulated by the OSHA standard, is exempt from the provisions of this chapter, except for 50-78-204 and 50-78-301 .
Mont. Code Ann. § 50-12-110 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-110
50-12-110 Immunity from suit
Status: in_force

50-12-110 . Immunity from suit. A manufacturer of an investigational drug, biological product, or device, a pharmacist, a health care facility, a health care provider, or a person or entity involved in the care of a patient using an investigational drug, biological product, or device is immune from suit for any harm done to the patient resulting from the investigational drug, biological product, or device if the manufacturer, pharmacist, health care facility, health care provider, or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.
Mont. Code Ann. § 50-9-108 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-108
50-9-108 Effect of previous declaration
Status: in_force

50-9-108 . Effect of previous declaration. An instrument executed before October 1, 1991, that substantially complies with 50-9-103 (1) is effective under this chapter.
Mont. Code Ann. § 50-5-110 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-110
50-5-110 Patient bill of rights
Status: in_force

50-5-110 . Patient bill of rights. (1) The following rights may be exercised by a patient or, if the patient lacks decisionmaking capacity, is legally incompetent, or is a minor, by a patient's designated surrogate, lay proxy decisionmaker, as defined in 50-5-1301 , or trusted decisionmaker as designated under 50-5-1310 :

(a) The patient has the right to be treated with dignity and respect.

(b) The patient has the right to and is encouraged to obtain from physicians and other direct caregivers relevant, current, and understandable information concerning diagnosis, treatment, and prognosis.

(c) Except in emergencies when the patient lacks decisionmaking capacity and the need for treatment is urgent, the patient is entitled to be informed of information related to the specific procedures and treatments that are recommended or planned, the risks involved that may cause harm to the patient, the possible length of recuperation, and the medically reasonable alternatives and their accompanying risks and benefits.

(d) The patient has the right to know the identity of physicians, nurses, and others involved in the patient's care, as well as whether those involved are students, residents, or other trainees.

(e) The patient has the right to know the immediate and long-term financial implications of treatment choices, to the extent the costs are known.

(f) (i) The patient has the right to make decisions about the plan of care prior to and during the course of treatment, to refuse a recommended treatment or plan of care, and to be informed of the medical consequences of the decision.

(ii) When the patient refuses a recommended treatment or plan of care, the patient is entitled to other appropriate care and services that the hospital provides or to transfer to another hospital or discharge to home with impunity and without penalty or threat.

(iii) A hospital shall notify patients of any policy that might affect patient choices within the facility.

(g) (i) The patient has the right to have an advance directive, including but not limited to a living will, health care proxy, or health care power of attorney, concerning treatment or designating a surrogate decisionmaker with the expectation that the hospital will honor the intent of the directive. A hospital shall advise a patient of the patient's rights under state law and hospital policy to make informed medical choices, ask if the patient has an advance directive or surrogate decisionmaker, and include that information in the patient's record.

(ii) The patient has the right to timely information about hospital policy that may limit the hospital's ability to implement fully a legally valid advance directive or surrogate decisionmaker.

(h) The patient has the right to have an advocate or support person of the patient's choosing present in clinically appropriate settings.

(i) The patient has the right to visitation privileges that are no more restrictive for nonfamily members than they are for immediate family members and, in an end-of-life situation, has the right to visitation regardless of the patient's diagnosis. If the diagnosis or condition of a person at the end of life requires specific protocols, the hospital shall make accommodations to facilitate visitation in accordance with the protocols and may not eliminate the opportunity for visitation unless allowing visitation would violate federal requirements and result in loss of payment.

(j) The patient has the right to every consideration of privacy.

(k) The patient has the right to review records pertaining to the patient's medical care and to have the information explained or interpreted as necessary.

(l) (i) The patient has the right to expect that, within its capacity and policies, a hospital will make reasonable response to the patient's request for appropriate and medically indicated care and services. The hospital shall provide evaluation, service, or referral as indicated by the urgency of the case.

(ii) When medically appropriate and legally permissible or on request of the patient, the patient may be transferred to another facility that has accepted the patient for transfer. The patient must have the benefit of complete information and explanation concerning the need for, risks and benefits of, and alternatives to the transfer.

(m) The patient has the right to be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or payers that may influence the patient's care and treatment.

(n) The patient has the right to consent or decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement and to have the studies fully explained prior to consent. A patient who declines to participate in research or experimentation is entitled to the most effective care that the hospital can otherwise provide.

(o) The patient has the right to expect continuity of care and care coordination between the patient's regular care provider and hospital care and to be informed by physicians and other caregivers of available and realistic patient care options when hospital care is no longer appropriate.

(p) The patient has the right to be informed of available resources for resolving disputes, grievances, and conflicts, including but not limited to ethics committees, patient representatives, and other available avenues.

(2) Health care facilities shall provide annual training to staff on the patient rights provided under this section.
Mont. Code Ann. § 50-52-107 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-107
50-52-107 Civil penalties -- injunctions not barred
Status: in_force

50-52-107 . Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.

(2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.
Mont. Code Ann. § 50-20-707 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-707
50-20-707 Informed consent requirements for abortion-inducing drugs
Status: in_force

50-20-707 . Informed consent requirements for abortion-inducing drugs. (1) An abortion-inducing drug may not be provided without the informed consent of the pregnant woman to whom the abortion-inducing drug is being provided.

(2) Informed consent to a chemical abortion must be obtained at least 24 hours before the abortion-inducing drug is provided to the pregnant woman except when, in reasonable medical judgment, compliance with this subsection would pose a greater risk of:

(a) the death of the pregnant woman; or

(b) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.

(3) A form created by the department must be used by a qualified medical practitioner to obtain the consent required prior to providing an abortion-inducing drug.

(4) A consent form is not valid and consent is not sufficient unless:

(a) the woman initials each entry, list, description, or declaration required to be included in the consent form as provided in subsection (5);

(b) the woman signs the consent statement described in subsection (5)(j); and

(c) the qualified medical practitioner signs the qualified medical practitioner declaration described in subsection (5)(k).

(5) The consent form must include, but is not limited to the following:

(a) the probable gestational age of the unborn child as determined by both patient history and ultrasound results used to confirm gestational age;

(b) a detailed description of the steps to complete the chemical abortion;

(c) a detailed list of the risks related to the specific abortion-inducing drug or drugs to be used, including but not limited to hemorrhage, failure to remove all tissue of the unborn child, which may require an additional procedure, sepsis, sterility, and possible continuation of pregnancy;

(d) information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, the woman should receive an injection of Rh immunoglobulin at the time of the abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage in future pregnancies;

(e) a description of the risks of complications from a chemical abortion, including incomplete abortion, which increase with advancing gestational age;

(f) information about the possibility of reversing the effects of the chemical abortion if the pregnant woman changes the woman's mind and that time is of the essence;

(g) information that the pregnant woman could see the remains of the unborn child in the process of completing the abortion;

(h) information that initial studies suggest that children born after reversing the effects of an abortion-inducing drug have no greater risk of birth defects than the general population and that initial studies suggest that there is no increased risk of maternal mortality after reversing the effects of an abortion-inducing drug;

(i) notice that information on and assistance with reversing the effects of abortion-inducing drugs are available in the state-prepared materials;

(j) an acknowledgment of risks and consent statement, which must be signed by the woman. The statement must include but is not limited to the following declarations, which must be individually initialed by the woman, that:

(i) the woman understands that the abortion-inducing drug regimen or procedure is intended to end the woman's pregnancy and will result in the death of the unborn child;

(ii) the woman is not being forced to have an abortion, the woman has the choice not to have the abortion, and the woman may withdraw the woman's consent to the abortion-inducing drug regimen even after beginning the abortion-inducing drug regimen;

(iii) the woman understands that the chemical abortion regimen or procedure to be used has specific risks and may result in specific complications;

(iv) the woman has been given the opportunity to ask questions about the woman's pregnancy, the development of the unborn child, alternatives to abortion, the abortion-inducing drug or drugs to be used, and the risks and complications inherent to the abortion-inducing drug or drugs to be used;

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

(vi) the woman has been provided access to state-prepared, printed materials on informed consent for abortion;

(vii) if applicable, the woman has been given the name and phone number of the associated medical practitioner who has agreed to provide medical care and treatment in the event of complications associated with the abortion-inducing drug regimen or procedure;

(viii) the qualified medical practitioner will schedule an in-person follow-up visit for the woman approximately 7 to 14 days after providing the abortion-inducing drug or drugs to confirm that the pregnancy is completely terminated and to assess the degree of bleeding and other complications;

(ix) the woman has received or been given sufficient information to give the woman's informed consent to the abortion-inducing drug regimen or procedure; and

(x) the woman has a private right of action to sue the qualified medical practitioner under the laws of the state if the woman feels coerced or misled prior to obtaining an abortion and how to access state resources regarding the woman's legal right to obtain relief.

(k) a qualified medical practitioner declaration that must be signed by the qualified medical practitioner stating that the qualified medical practitioner has explained the abortion-inducing drug or drugs to be used, has provided all of the information required in this subsection (5), and has answered all of the woman's questions.
Mont. Code Ann. § 50-5-1203 — MT Code / Title 50 / Chapter 5 / Part 12 / Section 50-5-1203
50-5-1203 Procedures -- informed consent -- physician involvement
Status: in_force

50-5-1203 . Procedures -- informed consent -- physician involvement. (1) Upon receiving a request for use of a safety device, a long-term care facility shall inform the requestor of the alternatives and risks associated with the use of the safety device. The long-term care facility shall provide the requested safety device to the resident upon receipt of:

(a) a signed consent form authorizing its use and acknowledging receipt of specific information about available alternatives and risks; and

(b) a written order from the attending physician that specifies the circumstances under and the duration for which the safety device may be used and the medical symptoms that the safety device is intended to address.

(2) The requirements of subsection (1) do not apply if a side rail or other device is used only as an assistive device and does not restrict the resident's movement from bed or chair.
Mont. Code Ann. § 50-4-1006 — MT Code / Title 50 / Chapter 4 / Part 10 / Section 50-4-1006
50-4-1006 Prohibited insurance coverage
Status: in_force

50-4-1006 . Prohibited insurance coverage. A professional liability insurance policy issued to a health care professional or physician may not include coverage for damages assessed against the health care professional or physician who provides any medical treatment prohibited in 50-4-1004 (1)(a) or (1)(b).
Mont. Code Ann. § 50-60-506 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-506
50-60-506 Exceptions to permit requirement
Status: in_force

50-60-506 . Exceptions to permit requirement. (1) A permit is not required for any minor replacement or repair work, the performance of which does not have a significant potential for creating a condition hazardous to public health and safety.

(2) A permit is not required where the installation is exempt under the provisions of 37-69-102 or 50-60-503 .

(3) A state permit is not required whenever the installation occurs in an area governed by a county, city, or town and where there is in effect a county, city, or town building code that covers plumbing installations and that provides inspection procedures.

(4) This part does not prohibit the owner of residential property from making an installation for all sanitary plumbing and potable water supply piping without a permit if the owner personally does the work.

(5) The provisions of this part do not apply to regularly employed maintenance personnel doing maintenance work on the business premises of their employer unless the work is subject to the permit provisions of this part.
Mont. Code Ann. § 50-30-101 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-101
50-30-101 Short title
Status: in_force

50-30-101 . Short title. This chapter shall be cited as the "Montana Consumer Product Safety Act of 1975".
Mont. Code Ann. § 50-65-103 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-103
50-65-103 Certification -- fee for certification -- product change
Status: in_force

50-65-103 . Certification -- fee for certification -- product change. (1) Each manufacturer shall submit to the department of justice a written certification attesting that each cigarette listed in the certification:

(a) has been tested in accordance with 50-65-102 ; and

(b) meets the performance standard provided in 50-65-102 (2)(c).

(2) Each cigarette listed in the certification must be described with the following information:

(a) brand or trade name on the package;

(b) style, such as light or ultralight;

(c) length in millimeters;

(d) circumference in millimeters;

(e) flavor, such as menthol or chocolate, if applicable;

(f) filter or nonfilter;

(g) package description, such as soft pack or box;

(h) marking approved in accordance with 50-65-104 ;

(i) the name, address, and telephone number of the laboratory, if different from the manufacturer, that conducted the test; and

(j) the date that the testing occurred.

(3) Certifications must be made available to the attorney general for purposes consistent with this chapter and to the department of revenue for the purposes of ensuring compliance with this section.

(4) Each cigarette certified under this section must be recertified every 3 years.

(5) (a) For each cigarette listed in a certification, a manufacturer shall pay a fee, not to exceed $250, to offset the actual costs of the processing, testing, enforcement, and oversight activities required in this chapter.

(b) There is an account in the state special revenue fund in which fees collected under this subsection (5) must be deposited to the credit of the department of justice. Money collected may be used only by the department of justice for the purposes provided in subsection (5)(a).

(6) If a manufacturer has certified a cigarette pursuant to this section and later makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, the cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards provided in 50-65-102 and maintains records of the retesting as required by 50-65-102 . Any altered cigarette that does not meet the performance standard provided in 50-65-102 may not be sold in this state.
Mont. Code Ann. § 50-52-303 — MT Code / Title 50 / Chapter 52 / Part 3 / Section 50-52-303
50-52-303 Health officers and sanitarians to have access to establishments
Status: in_force

50-52-303 . Health officers and sanitarians to have access to establishments. State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.
Mont. Code Ann. § 50-5-113 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-113
50-5-113 Criminal penalties
Status: in_force

50-5-113 . Criminal penalties. (1) A person is guilty of a criminal offense under this section if the person knowingly conceals material information about the operation of the facility or does any of the following and by doing so threatens the health or safety of one or more individuals entrusted to the care of the person:

(a) commits an act prohibited by 50-5-111 ;

(b) omits material information or makes a false statement or representation in an application, record, report, or other document filed, maintained, or used for compliance with the provisions of part 1 or 2 of this chapter or with rules, license provisions, or orders adopted or issued pursuant to part 1 or 2; or

(c) destroys, alters, conceals, or fails to file or maintain any record, information, or application required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.

(2) A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the first offense and not more than $2,000 for each subsequent offense for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2.

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

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

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

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

(d) other matters as justice may require.

(4) Prosecution under this section does not bar enforcement under any other section of this chapter or pursuit of any other appropriate remedy by the department.

(5) Venue for prosecution pursuant to this section is in the county in which the facility is located.

(6) A penalty collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 50-73-415 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-415
50-73-415 Notice or order subject to amendment, cancellation, or revision
Status: in_force

50-73-415 . Notice or order subject to amendment, cancellation, or revision. A notice or order issued by the department under this chapter may be amended, canceled, or revised by the department.
Mont. Code Ann. § 50-20-704 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-704
50-20-704 In-person requirement
Status: in_force

50-20-704 . In-person requirement. An abortion-inducing drug may be provided only by a qualified medical practitioner following the procedures set forth in this part. A manufacturer, supplier, medical practitioner, qualified medical practitioner, or any other person may not provide an abortion-inducing drug via courier, delivery, or mail service.
Mont. Code Ann. § 50-62-111 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-111
50-62-111 Penalty for failure to comply with order to correct
Status: in_force

50-62-111 . Penalty for failure to comply with order to correct. An owner or occupant of buildings or premises who fails to comply with the orders of the authorities named in this chapter shall be guilty of a misdemeanor and shall be fined not less than $10 or more than $500 for each day's neglect.
Mont. Code Ann. § 50-17-112 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-112
50-17-112 Procedure to obtain release from commitment
Status: in_force

50-17-112 . Procedure to obtain release from commitment. (1) One hundred and eighty days or more after the date of commitment, a person committed under 50-17-107 or 50-17-108 may apply to the court that ordered the person's commitment for a release.

(2) Not fewer than 3 or more than 7 days after receipt of the request, the court shall hold a hearing.

(3) Following the hearing, the court shall:

(a) order the person's discharge if it finds that the person has completed an approved course of treatment or does not have tuberculosis; or

(b) dismiss the request if it finds that the person still has tuberculosis or that the person has refused to submit to an examination to determine whether the person has tuberculosis or has not yet completed an approved course of treatment.
Mont. Code Ann. § 50-31-306 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-306
50-31-306 When drug or device misbranded
Status: in_force

50-31-306 . When drug or device misbranded. (1) A drug or device is considered to be misbranded:

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

(b) if in package form unless it bears a label containing:

(i) the name and place of business of the manufacturer, packer, or distributor, except that a prescription drug must contain the name and place of business of the manufacturer as well as the packer or distributor; and

(ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variation may be permitted and exemptions as to small packages may be allowed in accordance with regulations prescribed by the department or issued under the federal act;

(c) if 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 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;

(d) if it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, Salvia divinorum, sulfonmethane, synthetic cannabinoids, or any chemical derivative of the substance that, after investigation, has been found to be and designated as habit-forming by regulations issued by the department under this chapter or by regulations issued pursuant to section 502(d) of the federal act (21 U.S.C. 352(d)), unless its label bears the name and quantity or proportion of the substance or derivative in juxtaposition to the statement "Warning--May be habit-forming";

(e) if it is a drug, unless its label bears to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula):

(i) the established name (as defined in 50-31-301 ) of the drug, if there is one; and

(ii) in case the drug is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained in the drug. However, the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this subsection (1)(e)(ii), applies only to prescription drugs, and to the extent that compliance with the requirements of this subsection (1)(e)(ii) is impracticable, exemptions may be allowed under regulations promulgated by the department or under the federal act.

(f) unless its labeling bears:

(i) adequate directions for use; however, if any requirement of this subsection (1)(f)(i), as applied to any drug or device, is not necessary for the protection of the public health, the department shall promulgate regulations exempting the drug or device from the requirements, and articles exempted under regulations issued under section 502(f) of the federal act (21 U.S.C. 352(f)) may also be exempt; and

(ii) adequate warnings against use in those pathological conditions or by children when its use may be dangerous to health or adequate warnings against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users;

(g) if it purports to be a drug, the name of which is recognized in an official compendium unless it is packaged and labeled as prescribed in the compendium. The method of packing may be modified with the consent of the department or if consent is obtained under the federal act. In the event of inconsistency between the requirements of this subsection (1)(g) and those of subsection (1)(e) as to the name by which the drug or its ingredients must be designated, the requirements of subsection (1)(e) prevail.

(h) if it has been found by the department or under the federal act to be a drug liable to deterioration, unless it is packaged in a form and manner and its label bears a statement of precautions that the regulations issued by the department or under the federal act require as necessary for the protection of public health. A regulation may not be established for any drug recognized in an official compendium until the department has informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and the body has failed within a reasonable time to prescribe the requirements.

(i) if it is a drug and its container is made, formed, or filled in a way that is misleading;

(j) if it is an imitation of another drug;

(k) if it is offered for sale under the name of another drug;

(l) if it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling;

(m) if it is, purports to be, or is represented as a drug composed wholly or partly of insulin, unless:

(i) it is from a batch with respect to which a certificate or release has been issued pursuant to section 506 of the federal act (21 U.S.C. 356); and

(ii) the certificate or release is in effect with respect to the drug;

(n) if it is, purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, any other antibiotic drug, or any derivative thereof unless:

(i) it is from a batch with respect to which a certificate or release has been issued pursuant to section 507 of the federal act (21 U.S.C. 357); and

(ii) the certificate or release is in effect with respect to the drug. This subsection (1)(n) does not apply to any drug or class of drugs exempted by regulations promulgated under section 507(c) or (d) of the federal act (21 U.S.C. 357(c) or (d)).

(o) if it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the provisions of 50-31-108 or of the federal act;

(p) in the case of any prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor of the drug includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of:

(i) the established name, as defined in 50-31-301 ;

(ii) the formula showing quantitatively each ingredient of the drug to the extent required for labels under section 502(e) of the federal act (21 U.S.C. 352(e)); and

(iii) other information in brief summary relating to side effects, contraindications, and effectiveness that is required in regulations issued under the federal act; or

(q) if a trademark, trade name, or other identifying mark, imprint, or device or another or any likeness of the foregoing has been placed on the drug or upon its container with intent to defraud.

(2) A drug that is subject to 50-31-307 is considered to be misbranded if, at any time prior to dispensing, its label fails to bear the statement "Caution: Federal Law Prohibits Dispensing Without Prescription", or "Caution: State Law Prohibits Dispensing Without Prescription". A drug to which 50-31-307 does not apply is considered to be misbranded if, at any time prior to dispensing, its label bears the caution statement quoted in the preceding sentence.
Mont. Code Ann. § 50-51-105 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-105
50-51-105 County attorney to prosecute violations
Status: in_force

50-51-105 . County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.
Mont. Code Ann. § 50-5-246 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-246
50-5-246 Specialty hospital application process -- impact study
Status: in_force

50-5-246 . Specialty hospital application process -- impact study. (1) The application process for a specialty hospital must include an impact study that analyzes the financial and operational impacts of the proposed specialty hospital on existing health care facilities in the service area.

(2) An applicant for a specialty hospital license shall:

(a) provide the department with a list of independent consultants who could conduct the impact study required under this section; and

(b) pay the costs of the impact study.

(3) The department shall:

(a) approve a consultant to conduct an impact study from among the consultants submitted by the applicant or from a list of consultants known to the department;

(b) determine the scope of the study necessary to assess the potential positive and adverse impacts on access to health care services in the applicant's proposed service area; and

(c) provide an opportunity for public comment and participation in the study process, including the opportunity to comment on the list of consultants provided by an applicant pursuant to subsection (2)(a).

(4) The scope of the study established by the department may include but is not limited to:

(a) the impact on health care costs in the service area;

(b) the impacts on access to emergency care, mental health care, and other subsidized services provided in the service area; and

(c) the operational impacts on existing health care facilities located in the service area.

(5) The impact study must be completed within 180 days of the date the department establishes the scope of the study.

(6) If the department finds, based on the results of the impact study and public comment, that a proposed specialty hospital would adversely affect an existing hospital or the community's access to health care services, the department shall:

(a) impose conditions on the applicant and on the specialty hospital, if licensed, to mitigate the adverse impact on the community; or

(b) deny a license to the applicant.
Mont. Code Ann. § 50-5-1205 — MT Code / Title 50 / Chapter 5 / Part 12 / Section 50-5-1205
50-5-1205 Survey compliance and department enforcement -- rulemaking authority
Status: in_force

50-5-1205 . Survey compliance and department enforcement -- rulemaking authority. (1) The department is granted rulemaking authority for the purposes of implementing this part.

(2) When determining compliance with state and federal standards for the use of a safety device, the department is bound by the statements and determinations contained in the attending physician's order regarding medical symptoms. A written order from the attending physician that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the safety device.

(3) A long-term care facility may not be subject to fines, civil penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a safety device as authorized in this part.

(4) This section does not preclude the department from taking action to protect the safety and health of the resident if there is clear and convincing evidence that:

(a) the use of the safety device has jeopardized the health and safety of the resident; and

(b) the long-term care facility has failed to take reasonable measures to protect the health and safety of the resident.
Mont. Code Ann. § 50-32-222 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-222
50-32-222 Specific dangerous drugs included in Schedule I
Status: in_force

50-32-222 . Specific dangerous drugs included in Schedule I. Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:

(a) acetyl-alpha-methylfentanyl, also known as N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide;

(b) acetylmethadol, also known as 4-(dimethylamino)-1-ethyl-2,2-diphenylpentyl acetate or methadyl acetate;

(c) allylprodine, also known as 1-methyl-4-phenyl-3-(prop-2-en-1-yl)piperidin-4-yl propanoate;

(d) alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;

(e) alphameprodine;

(f) alphamethadol;

(g) alpha-methylfentanyl, also known as N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine;

(h) alpha-methylthiofentanyl, also known as N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide;

(i) benzethidine;

(j) betacetylmethadol;

(k) beta-hydroxyfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide;

(l) beta-hydroxy-3-methylfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;

(m) betameprodine;

(n) betamethadol;

(o) betaprodine;

(p) brorphine;

(q) clonitazene;

(r) dextromoramide;

(s) diampromide;

(t) diethylthiambutene;

(u) difenoxin;

(v) dimenoxadol;

(w) dimepheptanol;

(x) dimethylthiambutene;

(y) dioxaphetyl butyrate;

(z) dipipanone;

(aa) ethylmethylthiambutene;

(bb) etonitazene;

(cc) etoxeridine;

(dd) fluorofentanyl;

(ee) furethidine;

(ff) hydroxypethidine;

(gg) isotonitazene;

(hh) ketobemidone;

(ii) levomoramide;

(jj) levophenacylmorphan;

(kk) 3-methylfentanyl, also known as N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide;

(ll) 3-methylthiofentanyl, also known as N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (optical and geometric isomers only);

(mm) morpheridine;

(nn) MPPP, also known as desmethylprodine and (1-methyl-4-phenyl-4-propionoxypiperidine);

(oo) noracymethadol;

(pp) norlevorphanol;

(qq) normethadone;

(rr) norpipanone;

(ss) PEPAP, also known as (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(tt) phenadoxone;

(uu) phenampromide;

(vv) phenomorphan;

(ww) phenoperidine;

(xx) piritramide;

(yy) proheptazine;

(zz) properidine;

(aaa) propiram;

(bbb) racemoramide;

(ccc) thiofentanyl, also known as N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide;

(ddd) tilidine; and

(eee) trimeperidine.

(2) Substituted fentanyls (1-phenethyl-4-N-propionylanilinopiperidine) are, unless specifically excepted, listed in another schedule, approved by the United States food and drug administration, or not used within legitimate and approved medical research, any material, compound, mixture, or preparation, including its salts, isomers, esters, ethers, and salts of isomers, esters, or ethers whenever the existence of those salts is possible, within any of the following chemical designations that are structurally related to fentanyl by one or more of the following modifications:

(a) replacement of the phenyl portion of the phenethyl group by any monocyclic ring, whether or not further substituted in or on the monocyclic ring;

(b) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

(c) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;

(d) replacement of the aniline ring with any aromatic monocyclic ring, whether or not further substituted in or on the aromatic monocyclic ring; or

(e) replacement of the N-propionyl group by another acyl group.

(3) Opium derivatives. Unless specifically excepted or listed in another schedule, any of the following are opium derivatives, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a) acetorphine;

(b) acetyldihydrocodeine;

(c) benzylmorphine;

(d) codeine methylbromide;

(e) codeine-N-oxide;

(f) cyprenorphine;

(g) desomorphine;

(h) dihydromorphine;

(i) drotebanol;

(j) etorphine, except hydrochloride salt;

(k) heroin;

(l) hydromorphinol;

(m) methyldesorphine;

(n) methyldihydromorphine;

(o) morphine methylbromide;

(p) morphine methylsulfonate;

(q) morphine-N-oxide;

(r) myrophine;

(s) nicocodeine;

(t) nicomorphine;

(u) normorphine;

(v) pholcodine; and

(w) thebacon.

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

(a) alpha-ethyltryptamine, also known as etryptamine, monase, alpha-ethyl-1H-indole-3-ethanamine, 3-(2-aminobutyl) indole, alpha-ET, and AET;

(b) alpha-methyltryptamine, also known as AMT;

(c) 4-bromo-2,5-dimethoxyamphetamine, also known as 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine, and 4-bromo-2,5-DMA;

(d) 4-bromo-2,5-dimethoxyphenethylamine, also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl DOB, and 2C-B, Nexus;

(e) 2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-alpha-methylphenethylamine and 2,5-DMA;

(f) 2,5-dimethoxy-4-(N)-propylthiophenethylamine, also known as 2C-T-7;

(g) 3,4-methylenedioxyamphetamine;

(h) 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;

(i) 5-methoxy-N,N-diisopropyltryptamine, also known as 5-MeO-DIPT;

(j) 5-methoxy-N,N-dimethyltryptamine, also known as 5-MeO-DMT;

(k) 4-methoxyamphetamine, also known as 4-methoxy-alpha-methylphenethylamine;

(l) 5-methoxy-3,4-methylenedioxyamphetamine;

(m) 4-methyl-2,5-dimethoxyamphetamine, also known as 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine, DOM, and STP;

(n) 3,4-methylenedioxymethamphetamine, also known as MDMA;

(o) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA;

(p) N-hydroxy-3,4-methylenedioxyamphetamine, also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and N-hydroxy MDA;

(q) 3,4,5-trimethoxyamphetamine;

(r) bufotenine, also known as 3-(beta-dimethylaminoethyl)-5-hydroxyindole, 3-(2-dimethylaminoethyl)-5-indolol, N,N-dimethylserotonin, 5-hydroxy-N,N-dimethyltryptamine, and mappine;

(s) diethyltryptamine, also known as N,N-diethyltryptamine and DET;

(t) dimethyltryptamine, also known as DMT;

(u) hashish;

(v) ibogaine, also known as 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido[1', 2':1,2] azepine[5,4-b]indole and tabernanthe iboga;

(w) lysergic acid diethylamide, also known as LSD;

(x) marijuana;

(y) mescaline;

(z) parahexyl, also known as 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran and synhexyl;

(aa) peyote, meaning all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not; the seed of the plant; any extract from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or extracts;

(bb) N-ethyl-3-piperidyl benzilate;

(cc) N-methyl-3-piperidyl benzilate;

(dd) psilocybin;

(ee) psilocyn, also known as psilocin;

(ff) tetrahydrocannabinols, neutral compounds, and their corresponding acids, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 9 (delta 1) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 8 (delta 6) cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 6a, 10a (delta 3,4) cis or trans tetrahydrocannabinol and its optical isomers.

(gg) ethylamine analog of phencyclidine, also known as N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, and PCE;

(hh) pyrrolidine analog of phencyclidine, also known as 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, and PHP;

(ii) thiophene analog of phencyclidine, also known as 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, and TCP;

(jj) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, also known as TCPy;

(kk) synthetic cannabinoids, including:

(i) unless specifically excepted or listed in another schedule, any chemical compound chemically synthesized from or structurally similar to any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found in any of the following chemical groups, or any of those groups that contain synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic cannabinoid chemical analogs in the following groups:

(A) naphthoylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;

(B) naphthylmethylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;

(C) naphthoylpyrroles, whether or not substituted in the pyrrole ring to any extent or the naphthyl ring to any extent;

(D) naphthylmethylindenes, whether or not substituted in the indene ring to any extent or the naphthyl ring to any extent;

(E) acetylindoles, whether or not substituted in the indole ring to any extent or the acetyl group to any extent;

(F) cyclohexylphenols, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent;

(G) dibenzopyrans, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent; and

(H) benzoylindoles, whether or not substituted in the indole ring to any extent or the phenyl ring to any extent;

(ii) any compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors;

(iii) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);

(iv) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);

(v) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (also known as CP-47,497) and the dimethylhexyl, dimethyloctyl, and dimethylnonyl homologues of CP-47,497;

(vi) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073);

(vii) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);

(viii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);

(ix) 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019);

(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398);

(xi) JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, also known as 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;

(xii) the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives:

(A) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone (also known as WIN-55,212-2);

(B) 3-dimethylheptyl-11-hydroxyhexahydrocannabinol (also known as HU-243); or

(C) [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate;

(ll) Salvia divinorum, also known as salvinorin A (2S,4aR,6aR,7R,9S,10aS,10bR)-9-(acetyloxy)-2-(3-furanyl)dodecahydro-6a,10b-dimethyl-4,10-dioxo-2H-naphtho[2,1-c]pyran-7-carboxylic acid methyl ester;

(mm) substituted cathinones, including any compound, except bupropion or compounds listed in another schedule, in an administrative rule regulating controlled substances, or approved for use by the United States food and drug administration, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(ii) by substitution at the 3-position with an alkyl substituent;

(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and

(iv) any lengthening of the propanone chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not;

(nn) substituted amphetamines, including any compound, except compounds listed in another schedule, in an administrative rule regulating controlled substances, or approved for use by the United States food and drug administration, that is structurally derived from 1-phenyl-2-aminopropane by modification in any of the following ways:

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(ii) by substitution at the 3-position with an alkyl substituent;

(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and

(iv) any lengthening of the propane chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not.

(5) (a) For the purposes of subsection (4), the term "isomer" includes the optical, positional, and geometric isomers.

(b) Subsection (4)(kk) does not apply to synthetic cannabinoids approved by the United States food and drug administration and obtained by a lawful prescription through a licensed pharmacy. The department of public health and human services shall adopt a rule listing the approved cannabinoids and shall update the rule as necessary to keep the list current.

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

(a) gamma-hydroxybutyric acid, also known as gamma-hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, sodium oxybutyrate, and GHB;

(b) mecloqualone;

(c) methaqualone; and

(d) substituted benzodiazepines, unless specifically excepted, listed in another schedule, in an administrative rule regulating controlled substances, approved for use by the United States food and drug administration, or not used within legitimate and approved medical research, any material, compound, mixture, or preparation, including its salts, isomers, and salts of isomers whenever the existence of such salts is possible, within any of the following chemical designations that are structurally related to:

(i) a 1,4-benzodiazepine structure with any substitution at the 5-position, whether or not the 1,4-benzodiazepine is further substituted;

(ii) a 1,4-benzodiazepine structure fused with a triazole ring to form a triazolobenzodiazepine structure with any substitution at the 6-position, whether or not the triazolobenzodiazepine is further substituted;

(iii) a 1,4-diazepine ring fused with a thiophene ring and triazole ring to form a thienotriazolodiazepine structure with any substitution at the 4-position, whether or not the thienotriazolodiazepine is further substituted;

(iv) a 1,4-diazepin-one ring fused with a thiophene ring to form a thienodiazepine structure with any substitution at the 5-position, whether or not the thienodiazepine is further substituted;

(v) a 1,5-benzodiazepine structure with any substitutions at the 4-position, whether or not the 1,5-benzodiazepine is further substituted; or

(vi) a 1,5-benzodiazepine structure with any substitutions at the 5-nitrogen position, whether or not the 1,5-benzodiazpine is further substituted.

(7) Any compound that meets the criteria in subsection (6)(d) but is designated as a Schedule II, Schedule III, Schedule IV, or Schedule V controlled substance under federal law will be placed in the same Schedule as under federal law.

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

(a) aminorex, also known as aminoxaphen, 2-amino-5-phenyl-2-oxazoline, and 4,5-dihydro-5-phenyl-2-oxazolamine;

(b) cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;

(c) fenethylline;

(d) methcathinone, also known as 2-(methylamino)-propiophenone, alpha-(methylamino)propiophenone, 2-(methylamino)-1-phenylpropan-1-one, alpha-N-methylaminopropiophenone, monomethylpropion, ephedrone, N-methylcathinone, methylcathinone, AL-464, AL-422, AL-463, and UR1432, including its salts, optical isomers, and salts of optical isomers;

(e) 4-Methylaminorex (cis isomer), also known as U4Euh, McN-422;

(f) (levo-dextro) cis-4-methylaminorex, also known as (levo-dextro) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine;

(g) N-benzylpiperazine, also known as 1-benzylpiperazine or BZP;

(h) N-ethylamphetamine; and

(i) N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzeneethanamine and N,N-alpha-trimethylphenethylamine.

(9) Substances subject to emergency scheduling. Any material, compound, mixture, or preparation that contains any quantity of the following substances is included in this category:

(a) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts, and salts of isomers; and

(b) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers.

(10) If prescription or administration is authorized by the Federal Food, Drug and Cosmetic Act, then any material, compound, mixture, or preparation containing tetrahydrocannabinols listed in subsection (4) must automatically be rescheduled from Schedule I to the same schedule it is placed in by the United States drug enforcement administration.

(11) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 50-32-101 as a dangerous drug analogue.
Mont. Code Ann. § 50-51-215 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-215
50-51-215 Refusal by local health officer -- appeal to board
Status: in_force

50-51-215 . Refusal by local health officer -- appeal to board. (1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.

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

(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-16-504 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-504
50-16-504 Definitions
Status: in_force

50-16-504 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine compliance with:

(a) statutory, regulatory, fiscal, medical, or scientific standards;

(b) a private or public program of payments to a health care provider; or

(c) requirements for licensing, accreditation, or certification.

(2) "Directory information" means information disclosing the presence and the general health condition of a patient who is an inpatient in a health care facility or who is receiving emergency health care in a health care facility.

(3) "General health condition" means the patient's health status described in terms of critical, poor, fair, good, excellent, or terms denoting similar conditions.

(4) "Health care" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.

(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.

(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. The term includes any record of disclosures of health care information.

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

(8) "Institutional review board" means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.

(9) "Maintain", as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

(10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

(11) "Peer review" means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. The committee must be:

(a) authorized by law to evaluate health care services; and

(b) governed by written bylaws approved by the governing board of the health care facility or an organization of health care providers.

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

(13) "Reasonable fee" means the charge, as provided for in 50-16-540 , for duplicating, searching for, or handling recorded health care information.
Mont. Code Ann. § 50-32-611 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-611
50-32-611 Rulemaking
Status: in_force

50-32-611 . Rulemaking. The department may adopt rules regarding opioid antagonist instruction, training, and reporting, as provided for in 50-32-606 and 50-32-607 .
Mont. Code Ann. § 50-1-202 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-202
50-1-202 General powers and duties
Status: in_force

50-1-202 . General powers and duties. (1) In order to carry out the purposes of the public health system to protect and promote the public health, the department, in collaboration with federal, state, and local partners, shall:

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

(b) disseminate information and make recommendations for control of diseases and other conditions of public health importance;

(c) at the request of the governor, accept funds for and administer any federal health program for which responsibilities are delegated to states;

(d) identify, assess, prevent, and mitigate conditions of public health importance through:

(i) epidemiological tracking and investigation;

(ii) screening and testing programs;

(iii) isolation and quarantine measures;

(iv) treatment;

(v) abatement of public health nuisances;

(vi) inspections;

(vii) collecting and maintaining health information; or

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

(e) promote efforts among public and private sector entities to develop and fund programs or initiatives that identify and ameliorate health problems;

(f) develop and promote training for members of the public health workforce;

(g) bring and pursue actions necessary to abate, restrain, or prosecute the violation of public health laws and rules;

(h) advise state agencies on the following as they relate to public buildings and facilities:

(i) location, drainage, water supply, water quality, heating, plumbing, sewer systems, and ventilation; and

(ii) the disposal of infectious or hazardous wastes;

(i) develop, administer, and promote activities for the protection and improvement of oral health;

(j) develop, adopt, and administer rules setting standards for the operation of programs to protect the health of mothers and children, including programs for nutrition, family planning services, improved pregnancy outcome, and programs authorized by Title X of the federal Public Health Service Act, 42 U.S.C. 300a, et seq., and Title V of the federal Social Security Act, 42 U.S.C. 501 through 510;

(k) conduct health education programs;

(l) provide consultation to school and local public health personnel and consult with the superintendent of public instruction on conditions of public health importance for schools;

(m) develop, adopt, and administer rules setting standards for a program to provide services to children with special health care needs, including standards for:

(i) diagnosis;

(ii) medical, surgical, and corrective treatment;

(iii) aftercare and related services; and

(iv) eligibility;

(n) provide consultation to local boards of health;

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

(p) adopt and enforce rules regarding:

(i) the reporting and control of communicable diseases and other conditions of public health importance;

(ii) the imposition of fees for testing, screening, and other services performed by the state laboratory;

(iii) the transportation of dead human bodies;

(iv) the issuance of licenses to laboratories that conduct analysis of public water supply systems; and

(v) public health requirements for school sites, including water supply and quality, sewage and waste disposal, and any other matters pertinent to the health and physical well-being of pupils, teachers, and others; and

(q) take measures to prevent and alleviate threats to the public health from the release of biological, chemical, or radiological agents capable of causing imminent infection, disability, or death.

(2) The department:

(a) has the power to use personnel of local public health agencies to assist in the administration of laws relating to public health services and functions; and

(b) may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.
Mont. Code Ann. § 50-48-203 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-203
50-48-203 Licensure and regulation by local boards of health
Status: in_force

50-48-203 . Licensure and regulation by local boards of health. (1) A local board of health may implement its own licensure and regulatory program for tattooing and body-piercing establishments independent of that of the department. A local board of health's licensure and regulatory program must be operated in lieu of the department's licensure and regulatory program.

(2) Subject to the restrictions in 50-2-130 , a local board of health that operates its own licensure and regulatory program pursuant to subsection (1) may adopt necessary regulations that are not less stringent than department rules adopted under 50-48-103 . The rules may include:

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

(b) licensure of establishments;

(c) procedures for enforcement of the laws and rules relating to establishments, including the implementation of plans of correction; and

(d) fees that reflect and may not exceed the actual costs incurred for licensure, inspection, enforcement, training, and administration.

(3) The local board of health shall report annually to the department on the number of establishments that it licenses and regulates.
Mont. Code Ann. § 50-76-113 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-113
50-76-113 Recognition of national certification
Status: in_force

50-76-113 . Recognition of national certification. (1) The department shall issue a first-class or second-class crane and hoist engineer's license to any individual who is certified by the national commission for the certification of crane operators or any other similar certifying organization that has been approved by the department as having qualifications that are at least substantially equivalent to the requirements of this state for licensing as a first-class or second-class crane and hoist engineer.

(2) An individual licensed under this section is subject to all requirements of this chapter pertaining to licensed first-class or second-class crane and hoist engineers, including license fees, biennial physical exams, and 5-year reexaminations.
Mont. Code Ann. § 50-5-601 — MT Code / Title 50 / Chapter 5 / Part 6 / Section 50-5-601
50-5-601 Short title
Status: in_force

50-5-601 . Short title. This part may be cited as the "Family Practice Training Act of 1985".
Mont. Code Ann. § 50-20-306 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-306
50-20-306 Physician reporting requirements -- penalty -- action -- department report
Status: in_force

50-20-306 . Physician reporting requirements -- penalty -- action -- department report. (1) Within 90 days after July 1, 1995, the department shall prepare a reporting form to be used by physicians that contains a reprint of this chapter and on which the physician shall list:

(a) the number of women to whom the physician provided the information described in 50-20-104 (5)(a), including:

(i) the number of women provided the information by telephone and the number to whom it was provided in person; and

(ii) the number of women in each group referred to in subsection (1)(a)(i) to whom the physician provided the information in the capacity of a referring physician and the number to whom it was provided in the capacity of a physician who is to perform the abortion;

(b) the number of women to whom the physician or an agent of the physician provided the information described in 50-20-104 (5)(b), including:

(i) the number of women to whom the physician provided the information by telephone and the number to whom it was provided in person;

(ii) the number of women in each group referred to in subsection (1)(b)(i) to whom the physician provided the information in the capacity of a referring physician and the number to whom it was provided in the capacity of a physician who is to perform the abortion; and

(iii) the number of women in each group referred to in subsection (1)(b)(ii) to whom information was provided by the physician and the number to whom it was provided by an agent of the physician;

(c) the number of women who availed themselves of the opportunity to obtain a copy of the printed information described in 50-20-304 and the number who did not;

(d) of each of the numbers described in subsections (1)(a) through (1)(c), the number who, to the best of the reporting physician's information and belief, obtained an abortion; and

(e) the number of abortions that were performed by the physician but in which information otherwise required to be provided at least 24 hours before the abortion was not provided because:

(i) an immediate abortion was necessary to avert the woman's death; or

(ii) a delay would create serious risk of substantial and irreversible impairment of a major bodily function.

(2) The department shall ensure that copies of the reporting forms described in subsection (1) are provided:

(a) by 120 days after July 1, 1995, to all physicians licensed in this state;

(b) to each physician licensed to practice after July 1, 1995, at the time of licensure;

(c) by December 1 of each succeeding year, to all physicians licensed to practice in this state.

(3) By February 28 of each year, each physician or the physician's agent who provided information to one or more women in accordance with 50-20-106 shall submit a copy of the reporting form described in subsection (1) to the department with the requested data entered accurately and completely.

(4) Reports that are not submitted by March 31 are subject to a penalty of $500 for each 30-day period that the reports are overdue. A physician who is required to report but who, more than 1 year after the due date, has not submitted a report or who has submitted an incomplete report may, in an action brought by the department, be directed by a district court to submit a complete report within a period stated in the court order or be subject to sanctions for civil contempt.

(5) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year submitted in accordance with this section for each of the items listed in subsection (1). Each report must provide the statistics for all previous calendar years, adjusted to reflect information from late or corrected reports. The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of an individual who was provided information in accordance with 50-20-106 . The department shall design the reporting process to ensure that confidentiality regarding the physician or the physician's agent is maintained in the department records.

(6) The department may, by rule, alter the dates established by subsection (2)(c), (3), or (5) or consolidate the forms or reports described in this section with other forms or reports to achieve administrative convenience, achieve fiscal savings, or reduce the burden of reporting requirements. However, reporting forms must be sent to all licensed physicians at least once a year, and the report described in subsection (5) must be issued at least once a year.
Mont. Code Ann. § 50-2-103 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-103
50-2-103 Federal funds
Status: in_force

50-2-103 . Federal funds. The department may accept funds for public health from an agency of the federal government or from any other agency or person and allocate funds to local boards.
Mont. Code Ann. § 50-51-301 — MT Code / Title 50 / Chapter 51 / Part 3 / Section 50-51-301
50-51-301 Health officers to make investigations and inspections
Status: in_force

50-51-301 . Health officers to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.
Mont. Code Ann. § 50-17-201 — MT Code / Title 50 / Chapter 17 / Part 2 / Section 50-17-201
50-17-201 Department monitoring of acute heart attack data -- reporting requirement
Status: in_force

50-17-201 . Department monitoring of acute heart attack data -- reporting requirement. (1) The department shall undertake the following activities to achieve continuous quality improvement in the response to and treatment of acute heart attacks:

(a) monitor data reported to and analyses generated by a national data platform, including prehospital, hospital, and posthospital measures;

(b) identify potential interventions or practices to improve the response to acute heart attacks in Montana or in specific regions of the state;

(c) work with hospitals, critical access hospitals, and emergency medical service providers on the reporting of data and on using the results of data analysis; and

(d) make recommendations to the legislature and to hospitals, critical access hospitals, emergency medical service providers, and health care providers on ways to improve the response to and delivery of care for acute heart attacks.

(2) The department shall coordinate its efforts under this part with state and national organizations involved in quality improvement for acute heart attacks in order to avoid duplication of efforts.

(3) The department shall establish an oversight process and implement a plan for achieving continuous quality improvement in the quality of care provided for acute heart attacks, including the system response to and the treatment of acute heart attacks.
Mont. Code Ann. § 50-57-210 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-210
50-57-210 Cancellation of license -- multiple establishments
Status: in_force

50-57-210 . Cancellation of license -- multiple establishments. (1) The department may deny or cancel a license if it finds, after proper investigation, that the applicant or licensee has violated or is not in compliance with this chapter or a rule adopted under this chapter and that the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.

(2) When more than one type of establishment is authorized by one license, as provided in 50-57-201 (2), the denial or cancellation may affect one, some, or all of the types of establishments as determined by the department.
Mont. Code Ann. § 50-31-239 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-239
50-31-239 Sale of hemp product containing THC to consumers prohibited
Status: in_force

50-31-239 . Sale of hemp product containing THC to consumers prohibited. (1) Unless authorized as a food or drug by the United States food and drug administration, a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state.

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

(a) "Consumer" means an individual who is a member of the public, takes possession of the hemp product, and does not offer the hemp product for resale.

(b) "Hemp" has the same meaning as provided in 80-18-101 .

(c) "Hemp product" means a product that contains postharvest hemp and that is intended for consumption, smoking, vaping, or another method of administration.
Mont. Code Ann. § 50-4-1201 — MT Code / Title 50 / Chapter 4 / Part 12 / Section 50-4-1201
50-4-1201 Purpose
Status: in_force

50-4-1201 . Purpose. The purposes of this part are to:

(1) reaffirm the longstanding meanings of the terms "sex", "male", and "female" in law; and

(2) preserve women's restrooms, changing rooms, and sleeping quarters for women in facilities where women have traditionally been afforded privacy and safety from acts of abuse, harassment, sexual assault, and violence committed by men.
Mont. Code Ann. § 50-57-208 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-208
50-57-208 Validation by local health officer
Status: in_force

50-57-208 . Validation by local health officer. (1) A license issued by the department is not valid until it is signed by the local health officer of the local board of health with jurisdiction where the establishment is located.

(2) The local health officer shall validate or refuse to validate the license within 15 days of the receipt of the license.

(3) The failure of the local health officer to validate the license within 15 days after its receipt is a refusal.
Mont. Code Ann. § 50-32-603 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-603
50-32-603 Definitions
Status: in_force

50-32-603 . Definitions. As used in this part, the following definitions apply:

(1) "Administer" means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means.

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

(3) "Dispense" or "dispensing" has the meaning provided in 37-7-101 .

(4) "Distribute" has the meaning provided in 37-7-101 .

(5) "Eligible recipient" means:

(a) a person who is at risk of experiencing an opioid-related drug overdose;

(b) a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;

(c) a first responder or a first responder entity;

(d) a harm reduction organization or its representative;

(e) the Montana state crime laboratory or its representative;

(f) a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;

(g) a probation, parole, or detention officer;

(h) a county or other local public health department or its representative; or

(i) a veterans' organization or its representative.

(6) "First responder" means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. The term does not include an ECP, also known as an emergency care provider, as defined in 50-6-202 .

(7) "Harm reduction organization" means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose.

(8) "Law enforcement officer" means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103 .

(9) "Medical practitioner" has the meaning provided in 37-2-101 .

(10) "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. The term includes naloxone hydrochloride and any other similarly acting drug approved by the United States food and drug administration.

(11) "Opioid-related drug overdose" means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined.

(12) "Standing order" means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription.

(13) "State medical officer" means a physician licensed to practice medicine under Title 37, chapter 3, who is employed by the department to, among other things, provide advice and expertise to the department on medical policy and issues of public health importance.
Mont. Code Ann. § 50-1-115 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-115
50-1-115 Terminated
Status: in_force

50-1-115 . Terminated. Sec. 5, Ch. 548, L. 2021.
Mont. Code Ann. § 50-73-402 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-402
50-73-402 Department authorized to enter and inspect coal mines
Status: in_force

50-73-402 . Department authorized to enter and inspect coal mines. (1) The department may enter, inspect, and examine any coal mine or any shaft, drift, or slope in the process of sinking for the purpose of mining coal in this state and the workings and the machinery belonging to the coal mine at all reasonable times either by day or night. The department's entry, inspection, or examination under this subsection may not impede or obstruct the workings of the mine.

(2) The department may at any time perform inspections and investigations that the department considers necessary in surface and underground mines subject to this chapter:

(a) to obtain, use, and disseminate information relating to health and safety conditions in the mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in the mine; and

(b) to determine compliance with a health and safety standard or order issued under this chapter.

(3) The department may enter, upon or through, any mine subject to this chapter to conduct an inspection or investigation.

(4) The department shall prepare a written report for every inspection or investigation conducted under 50-73-406 and this section, noting the time and the material circumstances of the inspection or investigation.
Mont. Code Ann. § 50-53-107 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-107
50-53-107 Pool operation to be sanitary, healthful, and safe -- when lifeguard not required
Status: in_force

50-53-107 . Pool operation to be sanitary, healthful, and safe -- when lifeguard not required. (1) Public swimming pools and public bathing places, including pool structures, methods of operation, source of water supply, methods of water purification, lifesaving apparatus, safety measures for bathers, and personal cleanliness measures for bathers, must be sanitary, healthful, and safe.

(2) A lifeguard is not required for a privately owned public swimming pool if:

(a) a sign is prominently displayed on the swimming pool premises with the words "No lifeguard is on duty" or words of substantially the same meaning; and

(b) one individual per shift is on the premises, accessible to the pool, and currently certified as competent in cardiopulmonary resuscitation by either the American red cross or the American heart association.

(3) Tourist homes providing spa facilities to their guests shall prominently display a sign on the spa premises with the words "No lifeguard is on duty" or words of substantially the same meaning. Tourist homes providing spa facilities to their guests are exempt from the requirements of subsection (2)(b).
Mont. Code Ann. § 50-71-114 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-114
50-71-114 Rulemaking -- variances
Status: in_force

50-71-114 . Rulemaking -- variances. (1) The department may adopt appropriate standards for safety and health by administrative rule, including:

(a) any safety or health regulations promulgated by the federal occupational safety and health administration; and

(b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.

(2) The department may adopt other rules that are reasonably necessary to implement this part.

(3) (a) The department may by rule:

(i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and

(ii) permit the temporary use of other or different devices or methods than provided by the standard.

(b) A temporary variance may be granted only if the public sector employer:

(i) has an effective program for complying with the standard as quickly as is practicable;

(ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and

(iii) is unable to comply with the standard because:

(A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;

(B) material or equipment needed to comply with the standard is temporarily unavailable; or

(C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.
Mont. Code Ann. § 50-48-204 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-204
50-48-204 Denial or cancellation of license by regulatory authority -- multiple-type establishments
Status: in_force

50-48-204 . Denial or cancellation of license by regulatory authority -- multiple-type establishments. (1) The regulatory authority may deny or cancel a license it issues if it finds, after proper investigation, that the applicant or licensee is not in compliance with this chapter or a rule adopted under 50-48-103 or 50-48-203 and the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.

(2) When a multiple-type establishment is licensed, the denial or cancellation may affect both tattooing and body-piercing operations or only one of the operations, as determined by the regulatory authority.
Mont. Code Ann. § 50-51-303 — MT Code / Title 50 / Chapter 51 / Part 3 / Section 50-51-303
50-51-303 Department to pay local board for inspections and enforcement
Status: in_force

50-51-303 . Department to pay local board for inspections and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104 , 50-2-106 , or 50-2-107 , an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however, that:

(a) there is a functioning local board of health; and

(b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be available for the same purpose.

(3) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.
Mont. Code Ann. § 50-23-104 — MT Code / Title 50 / Chapter 23 / Part 1 / Section 50-23-104
50-23-104 Payment of expenses
Status: in_force

50-23-104 . Payment of expenses. Expenses incurred by the state under 50-23-103 must be paid by the person from whom possession of the wild animal was taken.
Mont. Code Ann. § 50-2-109 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-109
50-2-109 County board appropriations
Status: in_force

50-2-109 . County board appropriations. County boards are 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.
Mont. Code Ann. § 50-50-305 — MT Code / Title 50 / Chapter 50 / Part 3 / Section 50-50-305
50-50-305 Department to pay local board for inspections and enforcement
Status: in_force

50-50-305 . Department to pay local board for inspections and enforcement. (1) Subject to the provisions of subsection (2), before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104 , 50-2-106 , or 50-2-107 , an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting retail food establishments, including mobile food establishments, licensed under this chapter and enforcing the provisions of this chapter.

(2) (a) The provisions of subsection (1) apply only if there is a functioning local board of health and the local board of health, local health officers, sanitarians-in-training, and registered sanitarians meet the requirements listed in subsection (2)(b).

(b) To be eligible under subsection (1), the entities listed in subsection (2)(a) shall:

(i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted pursuant to this chapter; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(3) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.

(4) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.
Mont. Code Ann. § 50-73-418 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-418
50-73-418 Actions or decisions under chapter to be taken as rapidly as possible
Status: in_force

50-73-418 . Actions or decisions under chapter to be taken as rapidly as possible. In view of the urgent need for prompt decisions of matters submitted to the department under this chapter, all actions which the department is required to take under this chapter shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved.
Mont. Code Ann. § 50-71-116 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-116
50-71-116 Duties of public sector employers and public sector employees
Status: in_force

50-71-116 . Duties of public sector employers and public sector employees. (1) Each public sector employer shall:

(a) furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to public sector employees;

(b) adopt and use practices, means, methods, operations, and processes that are adequate to render the workplace safe; and

(c) take appropriate actions necessary to protect the life, health, and safety of public sector employees.

(2) Each public sector employee shall comply with the safety and health standards, rules, and orders issued pursuant to this part as they apply to the public sector employee's own actions and conduct.
Mont. Code Ann. § 50-4-1202 — MT Code / Title 50 / Chapter 4 / Part 12 / Section 50-4-1202
50-4-1202 Definitions
Status: in_force

50-4-1202 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Changing room" means a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room.

(2) "Correctional center" means a facility that houses individuals charged with or convicted of a criminal offense and that is designed, constructed, or operated by the department of corrections.

(3) "Covered entity" means a correctional center, a juvenile detention facility, a local domestic violence program, a public building, or a public school.

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

(5) "Juvenile detention facility" means a short-term detention center, a youth detention facility, including a regional detention facility, or a secure detention facility that is under contract with the state or a subdivision of the state.

(6) "Local domestic violence program" means a shelter or safe home for victims of domestic violence that is funded by the Family Violence Prevention and Services Act grant program established in 44-7-401 .

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

(8) "Multi-occupancy" means a space that is designed for use by multiple individuals simultaneously.

(9) "Public building" means a building that is owned or leased by a public agency as defined in 18-1-101 and that is open to the public, including but not limited to:

(a) a building that is used for educational, office, or institutional purposes; or

(b) a library, museum, school, hospital, auditorium, dormitory, or university building.

(10) "Public school" means a noncharter public school or a public charter school as those terms are defined in 20-6-803 .

(11) "Restroom" means a room that includes one or more toilets or urinals.

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

(13) "Sleeping quarters" means a room with one or more beds and in which more than one individual is housed overnight.
Mont. Code Ann. § 50-73-102 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-102
50-73-102 Definitions
Status: in_force

50-73-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Department" means the department of labor and industry and the state coal mine inspectors employed by the department.

(2) "Excavations" and "workings" mean all parts of a mine excavated or being excavated, including shafts, slopes, tunnels, entries, rooms, and working places, whether abandoned or in use.

(3) "Mine" and "coal mine" mean all parts of the property of a mining plant under one management that contribute, directly or indirectly, to the mining or handling of coal.

(4) "Mine examiner" means a person charged with the examination of the condition of the mine before the miners are permitted to enter the mine and who is commonly known as the "fire boss".

(5) "Mine supervisor" means a person who is charged with the general direction of the underground work or both the underground work and the outside work of a coal mine and who is commonly known and designated as "mine boss".

(6) "Operator", as applied to the entity in control of a mine under this chapter, means the person, firm, or body corporate that is the immediate proprietor as owner or lessee of the mine and, as such, is responsible for the condition and management of the mine.

(7) "Shaft" means any vertical opening through the strata that is or may be used for the purpose of ventilation or escape or for hoisting or lowering of workers or material in connection with the mining of coal.

(8) "Slope" and "drift" mean respectively an incline or horizontal way, opening, or tunnel to a seam of coal to be used for the same purpose as a shaft.

(9) "Written inspection report" means a report prepared by the department identifying safety and health hazards noted during a mine inspection. The term includes any citation or order issued by the department that refers to a violation of safety or health standards at the mine.
Mont. Code Ann. § 50-17-105 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-105
50-17-105 Application to require examination or treatment for tuberculosis
Status: in_force

50-17-105 . Application to require examination or treatment for tuberculosis. (1) The department or a local board may apply for an order from the district court if a person is reasonably suspected to have or to have been exposed to tuberculosis, upon request of:

(a) a physician legally authorized to practice medicine in the state;

(b) the department; or

(c) a local health officer.

(2) The application must request that the person be ordered to:

(a) submit to an examination for tuberculosis and, if the person is found to have tuberculosis, to complete an approved course of treatment; or

(b) enter or return to a treatment location to complete an approved course of treatment.

(3) The application for an order provided for in subsections (1) and (2) of this section must allege that the person:

(a) is suspected of having tuberculosis or has been exposed to tuberculosis and has refused to be examined for tuberculosis as required by rules adopted by the department; or

(b) has tuberculosis and has refused to be treated or to complete an approved course of treatment.

(4) The application must state the names of witnesses by which facts alleged may be proved. At least one witness must be a physician.
Mont. Code Ann. § 50-20-510 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-510
50-20-510 Criminal and civil penalties
Status: in_force

50-20-510 . Criminal and civil penalties. (1) A person convicted of performing an abortion in violation of 50-20-504 shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.

(2) Failure to obtain the consent required under 50-20-504 is prima facie evidence in an appropriate civil action for a violation of a professional obligation. The evidence does not apply to issues other than failure to obtain the consent of a parent or legal guardian. A civil action may be based on a claim that the failure to obtain consent was the result of a violation of the appropriate legal standard of care. Failure to obtain consent is presumed to be actual malice pursuant to the provisions of 27-1-221 . This part does not limit the common-law rights of parents.

(3) A person who coerces a minor to have an abortion is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.

(4) A person not authorized to grant consent under 50-20-504 who signs a consent form provided for in 50-20-505 is guilty of a misdemeanor.