Mont. Code Ann. § 50-31-512 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-512
50-31-512 Penalty -- violation -- stop sale
Status: in_force

50-31-512 . Penalty -- violation -- stop sale. (1) A person who knowingly violates 50-31-511 commits a misdemeanor and is subject to the provisions of 50-31-506 .

(2) A retail food establishment that manufactures for sale, sells, holds or offers for sale, or distributes cell-cultured edible product as defined in 50-31-511 is found in violation of 50-31-511 and is subject to disciplinary action pursuant to 50-50-107 through 50-50-109 .

(3) In addition to the penalties provided in this section, the license of a restaurant, store, or other business may be suspended as provided in the applicable licensing law on the conviction of an owner or employee of that business for a violation of 50-31-511 in connection with that business.

(4) A product found to be in violation of 50-31-511 is subject to the provisions of this chapter and an immediate stop sale order.
Mont. Code Ann. § 50-60-303 — MT Code / Title 50 / Chapter 60 / Part 3 / Section 50-60-303
50-60-303 County, city, or town appeal procedure
Status: in_force

50-60-303 . County, city, or town appeal procedure. (1) If a county, city, or town adopts a building code, it shall also establish an appeal procedure by ordinance or resolution, as appropriate, that is acceptable to the department.

(2) If a county, city, or town does not adopt a code, appeals on the application of the state building code within the county, city, or town must be made to the department.
Mont. Code Ann. § 50-16-505 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-505
50-16-505 Limit on applicability
Status: in_force

50-16-505 . Limit on applicability. The provisions of this part apply only to a health care provider that is not subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.
Mont. Code Ann. § 50-4-901 — MT Code / Title 50 / Chapter 4 / Part 9 / Section 50-4-901
50-4-901 Short title
Status: in_force

50-4-901 . Short title. This part may be cited as the "Montana Health Care Freedom Act".
Mont. Code Ann. § 50-60-109 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-109
50-60-109 Injunctions authorized
Status: in_force

50-60-109 . Injunctions authorized. (1) The construction or use of the building in violation of any provision of the state building, plumbing, elevator, or electrical code or county, city, or town building code or of any lawful order of a state building official or a local building department may be enjoined by a judge of the district court in the judicial district in which the building is located.

(2) This section is governed by the Montana Rules of Civil Procedure.
Mont. Code Ann. § 50-9-107 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-107
50-9-107 When health care provider may presume validity of declaration
Status: in_force

50-9-107 . When health care provider may presume validity of declaration. In the absence of knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid.
Mont. Code Ann. § 50-9-110 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-110
50-9-110 Authority to adopt rules
Status: in_force

50-9-110 . Authority to adopt rules. The department may adopt rules to implement this chapter.
Mont. Code Ann. § 50-2-120 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-120
50-2-120 Assistance from law enforcement officials
Status: in_force

50-2-120 . Assistance from law enforcement officials. A local health officer may request a sheriff, constable, or other peace officer to assist the health officer in carrying out the provisions of this chapter.
Mont. Code Ann. § 50-19-301 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-301
50-19-301 Short title
Status: in_force

50-19-301 . Short title. This part may be cited as "The Montana Initiative for the Abatement of Mortality in Infants (MIAMI) Act".
Mont. Code Ann. § 50-4-1309 — MT Code / Title 50 / Chapter 4 / Part 13 / Section 50-4-1309
50-4-1309 Legal remedies -- damages
Status: in_force

50-4-1309 . Legal remedies -- damages. (1) A pregnancy center or a party aggrieved by a violation of 50-4-1303 may commence a civil action for damages, declaratory relief, injunctive relief, and any other appropriate relief.

(2) On a finding of a violation of 50-4-1303 , the prevailing party is entitled to recover actual damages or statutory damages of $50,000, whichever is greater, plus attorney fees and costs. If the person acted with malice, the court may award treble actual damages or treble statutory damages, whichever is greater.

(3) Damages awarded under this section are cumulative and are not limited by other remedies that may be available under federal or state law.
Mont. Code Ann. § 50-62-102 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-102
50-62-102 Structures or conditions creating fire hazard a public nuisance -- order to remedy
Status: in_force

50-62-102 . Structures or conditions creating fire hazard a public nuisance -- order to remedy. (1) If any building or other structure is especially liable to fire for reasons including but not limited to lack of proper repair, age, dilapidated condition, defective or poorly installed wiring and equipment, defective chimneys, defective gas connections, defective heating apparatus, or the existence of any combustible materials, flammable conditions, or other fire hazards and is dangerous to the safety of the building premises or to the public or is situated in a way that endangers other buildings and property in the vicinity, the state fire prevention and investigation section of the department of justice or other person identified in 50-62-101 may declare the building or other structure to be a public nuisance and proceed according to 50-62-103 or subsection (2) of this section.

(2) If the state fire prevention and investigation section, an officer of the section, or a person identified in 50-62-101 determines that a building or other structure constitutes a public nuisance for any reason identified in subsection (1) of this section, the section, officer, or other person shall order the hazardous condition or material to be removed or remedied. The order must be in writing and directed generally to the owner, lessee, agent, or occupant of the building or structure.

(3) If the hazardous condition or material can be removed or remedied within a period of 24 hours, the order must contain notice that the condition or material must be remedied or removed. The owner, lessee, agent, or occupant upon whom the notice is served who fails to comply with the notice is liable for any expenses incurred in the removal or remedying of the hazardous condition or material by the fire prevention and investigation section, officer of the section, or other person identified in 50-62-101 .
Mont. Code Ann. § 50-73-205 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-205
50-73-205 Copies of maps for department
Status: in_force

50-73-205 . Copies of maps for department. The original or true copies of all maps must be kept in the office at the mine, and true copies must also be furnished to the department upon request. The maps delivered to the department become the property of the state. The maps must be kept at the office of the department and are open to inspection by all persons interested in them. An examination may only be made in the presence of a department inspector, and the inspector may not permit any copies of the maps to be made without the written consent of the operator or owner of the property, under penalty of removal from office.
Mont. Code Ann. § 50-51-101 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-101
50-51-101 Findings and purpose of regulation or guidelines
Status: in_force

50-51-101 . Findings and purpose of regulation or guidelines. (1) It is found that the welfare of the public is benefited by regulation or voluntary guidelines for the operation of establishments providing lodging space accommodations and for persons providing accommodations in order to prevent or eliminate unsanitary and unhealthful conditions and practices, which conditions and practices may endanger public health. It is further found that the regulation of or application of voluntary guidelines to establishments providing lodging space accommodations is in the interest of social well-being and the health and safety of the state and all of its people.

(2) The legislature recognizes that there is a wide disparity in the type of establishments, especially in the size, the time of year at which the establishments operate, and the ability of small establishments with few employees and a limited operating season to conform to the same standards to which larger establishments are required to conform. These factors must be considered, especially in the operation of small or seasonal businesses that are such an important part of Montana's tourism business. For these reasons, the legislature believes that department actions must be tailored to properly and reasonably address differences in the size, location, purpose, and time of year of operation of certain small or seasonal establishments. The legislature believes that guidelines to assist these small and seasonal establishments with addressing basic health standards are appropriate, rather than regulations. The guidelines should be voluntary and address basic health standards and should not detract from the rustic, out-of-doors experience offered by many guest ranches and outfitter and guide facilities and desired by many tourists. The legislature is also aware that most of these small and seasonal establishments such as guest ranches and outfitting and guide facilities have not been subject to department regulation. While voluntary guidance from the department on basic public health concerns may benefit these establishments, regulation is not warranted.
Mont. Code Ann. § 50-9-205 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-205
50-9-205 Effect on insurance -- patient's decision
Status: in_force

50-9-205 . Effect on insurance -- patient's decision. (1) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.

(2) The making of a declaration pursuant to 50-9-103 does not affect the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated by the withholding or withdrawal of life-sustaining treatment from an insured, notwithstanding any term of the policy to the contrary.

(3) A person may not prohibit or require the execution of a declaration as a condition for being insured for or receiving health care services.

(4) This chapter does not create a presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition.

(5) This chapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.

(6) This chapter does not require a health care provider to take action contrary to reasonable medical standards.

(7) This chapter does not condone, authorize, or approve mercy killing or euthanasia.
Mont. Code Ann. § 50-19-404 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-404
50-19-404 Records -- confidentiality
Status: in_force

50-19-404 . Records -- confidentiality. Material and information obtained by a local fetal, infant, child, and maternal mortality review team are not subject to disclosure under the public records law. Material and information obtained by a review team are not subject to subpoena.
Mont. Code Ann. § 50-72-105 — MT Code / Title 50 / Chapter 72 / Part 1 / Section 50-72-105
50-72-105 Mine safety training -- recovery of expenses
Status: in_force

50-72-105 . Mine safety training -- recovery of expenses. (1) The department may conduct mine safety training for mine operators, miners, and other persons working in and around mines.

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

(3) The department shall provide mine safety training without charge for instruction, but the department may recover reasonable expenses incurred in producing materials distributed to participants.
Mont. Code Ann. § 50-73-301 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-301
50-73-301 Operator to report amount of coal produced
Status: in_force

50-73-301 . Operator to report amount of coal produced. Within 15 days after the close of each calendar month, the operator of a coal mine shall report to the department the tons of coal produced each day during the preceding month.
Mont. Code Ann. § 50-60-513 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-513
50-60-513 Suspension or revocation of permit
Status: in_force

50-60-513 . Suspension or revocation of permit. The department of labor and industry may suspend or revoke a permit whenever it is issued in error or on the basis of incorrect information supplied or whenever work performed under the permit is in violation of any of the provisions of Title 37, chapter 69 or this part.
Mont. Code Ann. § 50-48-202 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-202
50-48-202 Late fee -- allocation of licensure and late fees
Status: in_force

50-48-202 . Late fee -- allocation of licensure and late fees. (1) A person operating an establishment who fails to renew a license issued by the department by the expiration date and who operates the establishment in the license year for which an annual renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 in addition to the annual fee required by 50-48-201 . Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.

(2) The department shall deposit the fees collected under 50-48-201 and subsection (1) of this section in the state special revenue account provided for in 50-48-209 .
Mont. Code Ann. § 50-4-504 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-504
50-4-504 Definitions
Status: in_force

50-4-504 . Definitions. As used in this part, the following definitions apply:

(1) "Health care" includes both physical health care and mental health care.

(2) "Health care provider" or "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.

(3) "Health insurer" means any health insurance company, health service corporation, health maintenance organization, insurer providing disability insurance as described in 33-1-207 , and to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities.
Mont. Code Ann. § 50-33-104 — MT Code / Title 50 / Chapter 33 / Part 1 / Section 50-33-104
50-33-104 Immunity of blood banks and tissue banks
Status: in_force

50-33-104 . Immunity of blood banks and tissue banks. No blood bank or tissue bank may be held liable in the absence of fault or negligence for injuries resulting from the injecting, transfusing, transplanting, or transferring of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones supplied by any such blood bank or tissue bank to any hospital or physician if such blood products or tissue products have been tested by the latest testing procedures in accordance with recommendations of the American association of blood banks or the American association of tissue banks and by such test are not found to be dangerous to the health of the recipient of such blood products or tissue products.
Mont. Code Ann. § 50-33-101 — MT Code / Title 50 / Chapter 33 / Part 1 / Section 50-33-101
50-33-101 Labeling of containers by blood banks required
Status: in_force

50-33-101 . Labeling of containers by blood banks required. Each container or package containing any whole blood, plasma, blood products, or blood derivatives sold by a blood bank shall have plainly stamped or printed thereon the fact that the product therein was tested as required in 50-33-104 , giving the date of the test and such information as is necessary to designate the type of test made.
Mont. Code Ann. § 50-6-306 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-306
50-6-306 License required
Status: in_force

50-6-306 . License required. (1) A person may not conduct or operate an emergency medical service without first obtaining a license from the department. A separate license is required for each type and level of service.

(2) Applications for a license must be made in writing to the department on forms specified by the department.

(3) Each license must be issued for a specific term not to exceed 2 years. Renewal may be obtained by paying the required license fee and demonstrating compliance with department rules.

(4) The license is not transferable.

(5) The department shall notify an ambulance service at the time of licensing or licensing renewal of the reporting limitation of 30-14-2602 .
Mont. Code Ann. § 50-74-215 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-215
50-74-215 Interior and exterior examination of boiler
Status: in_force

50-74-215 . Interior and exterior examination of boiler. (1) The inspector must be satisfied by a thorough interior and exterior examination that the:

(a) boilers are well-made and of good and suitable material;

(b) openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions;

(c) flues are circular in shape;

(d) fire line of the furnace is at least 2 inches below prescribed minimum waterline of the boilers;

(e) arrangements for delivering the feed water are such that the boilers cannot be injured by the feed water; and

(f) boilers and the steam connections may be safely employed without danger to life.

(2) A boiler or steam pipe or any of the connections to a boiler or steam pipe that are made in whole or in part of bad material or are unsafe from any cause may not be approved. Nothing in this section may be construed to prevent the use of any boiler or steam generator, that is not constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that the boiler or steam generator is equal in strength to and as safe from explosion as boilers of the best quality, constructed of iron or steel plates.
Mont. Code Ann. § 50-20-709 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-709
50-20-709 Reporting on chemical abortions
Status: in_force

50-20-709 . Reporting on chemical abortions. (1) For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a report of each chemical abortion performed must be made to the department on forms prescribed by the department. The reports must be completed by the facility in which the abortion-inducing drug was provided, signed by the qualified medical practitioner who provided the abortion-inducing drug, and transmitted to the department within 15 days after each reporting month.

(2) A report must include, at a minimum, the following information:

(a) identification of the qualified medical practitioner who provided the abortion-inducing drug;

(b) whether the chemical abortion was completed at the facility in which the abortion-inducing drug was provided or at an alternative location;

(c) the referring medical practitioner, agency, or service, if any;

(d) the pregnant woman's county, state, and country of residence;

(e) the pregnant woman's age and race;

(f) the number of previous pregnancies, number of live births, and number of previous abortions of the pregnant woman;

(g) the probable gestational age of the unborn child as determined by both patient history and ultrasound results used to confirm the gestational age. The report must include the date of the ultrasound and gestational age determined on that date.

(h) the abortion-inducing drug or drugs used, the date each was provided to the pregnant woman, and the reason for the abortion, if known;

(i) preexisting medical conditions of the pregnant woman that would complicate the pregnancy, if any;

(j) whether the woman returned for a follow-up examination to determine completion of the abortion procedure and to assess bleeding, the date and results of the follow-up examination, and what reasonable efforts were made by the qualified medical practitioner to encourage the woman to return for a follow-up examination if the woman did not;

(k) whether the woman suffered any complications and, if so, what specific complications arose and what follow-up treatment was needed; and

(l) the amount billed to cover the treatment for specific complications, including whether the treatment was billed to medicaid, private insurance, private pay, or another method, including charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and other costs for treatment rendered.

(3) Reports required under this section may not contain:

(a) the name of the pregnant woman;

(b) common identifiers, such as a social security number or driver's license number; or

(c) other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a pregnant woman who has obtained or seeks to obtain a chemical abortion.

(4) A qualified medical practitioner who provides an abortion-inducing drug to a pregnant woman who knows that the woman experiences, during or after the use of the abortion-inducing drug, an adverse event shall provide a written report of the adverse event within 3 days of the event to the United States food and drug administration via the medwatch reporting system, to the department, and to the state board of medical examiners.

(5) (a) A medical practitioner, qualified medical practitioner, associated medical practitioner, or other health care provider who treats a woman, either contemporaneously to or at any time after a chemical abortion, for an adverse event or complication related to a chemical abortion shall make a report of the adverse event to the department on forms prescribed by the department. The reports must be completed by the facility in which the adverse event or complication treatment was provided, signed by the medical practitioner, qualified medical practitioner, associated medical practitioner, or other health care provider who treated the adverse event or complication, and transmitted to the department within 15 days after each reporting month.

(b) The report must include, at a minimum:

(i) the information required under subsections (2)(a) through (2)(j) and (2)(l); and

(ii) information about the specific complications that arose, whether an emergency transfer was required, and whether any followup treatment was needed, including whether additional drugs or medications were provided in order to complete the abortion.

(6) The department shall provide, in accordance with 5-11-210 , a comprehensive annual statistical report for the legislature based on the data gathered from reports under this section. The aggregated data must also be made available to the public by the department in a downloadable format.

(7) The department shall summarize aggregate data from the reports required under this part and submit the data to the U.S. centers for disease control and prevention for the purpose of inclusion in the annual vital statistics report.

(8) Reports filed pursuant to this section must be deemed public records and must be available to the public in accordance with the confidentiality and public records reporting laws of this state. Original copies of all reports filed under this section must be available to the state board of medical examiners, state board of pharmacy, state law enforcement officials, and child protective services for use in the performance of their official duties.

(9) Absent a valid court order or judicial subpoena, the department or any other state department, agency, office, or employee may not compare data concerning chemical abortions or abortion complications maintained in an electronic or other information system file with data in any other electronic or other information system, the comparison of which could result in identifying, in any manner or under any circumstances, a woman obtaining or seeking to obtain a chemical abortion.

(10) Statistical information that may reveal the identity of a woman obtaining or seeking to obtain a chemical abortion may not be maintained by the department or any other state department, agency, office, employee, or contractor.

(11) The department shall communicate the reporting requirements of this section to all medical professional organizations, medical practitioners, and facilities operating in the state.
Mont. Code Ann. § 50-79-203 — MT Code / Title 50 / Chapter 79 / Part 2 / Section 50-79-203
50-79-203 Federal-state agreements
Status: in_force

50-79-203 . Federal-state agreements. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state.

(2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government shall be deemed to possess the same pursuant to this chapter, which shall expire either 90 days after receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.
Mont. Code Ann. § 50-30-210 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-210
50-30-210 Radioactive substance defined
Status: in_force

50-30-210 . Radioactive substance defined. "Radioactive substance" means a substance which emits ionizing radiation.
Mont. Code Ann. § 50-15-104 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-104
50-15-104 Appointment and supervision of local registrars
Status: in_force

50-15-104 . Appointment and supervision of local registrars. The department shall:

(1) appoint local registrars;

(2) supervise local registrars and other persons required to comply with this chapter.
Mont. Code Ann. § 50-63-103 — MT Code / Title 50 / Chapter 63 / Part 1 / Section 50-63-103
50-63-103 Liability of offender for damages and costs
Status: in_force

50-63-103 . Liability of offender for damages and costs. Except as provided in 50-63-104 and 76-13-905 , a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is liable for all damages caused by the fire, and an owner of property damaged or destroyed by the fire may maintain a civil suit for the purpose of recovering damages. A person who sets or leaves a fire that threatens to spread and damage or destroy property is liable for all costs and expenses incurred, including but not limited to expenses incurred in investigation of the fire and administration of fire suppression, by the state of Montana, by any forestry association, or by any person extinguishing or preventing the spread of the fire.
Mont. Code Ann. § 50-6-201 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-201
50-6-201 Legislative findings -- duty of department of labor and industry
Status: in_force

50-6-201 . Legislative findings -- duty of department of labor and industry. (1) The legislature finds and declares that a program for emergency care providers is required in order to provide the safest and most efficient delivery of emergency and community-integrated health care.

(2) The legislature further finds that prompt and efficient emergency medical care of the sick and injured at the scene and during transport to a health care facility is important in reducing the mortality and morbidity rate during the first critical minutes immediately after an accident or the onset of an emergent condition.

(3) The legislature further finds that emergency care providers can help fill gaps in the state's health care system, particularly in rural communities with limited health care services and providers, by providing:

(a) community-integrated health care to prevent illness and injury; and

(b) patient care within a health care facility that is appropriate to a patient's needs and the emergency care provider's training.

(4) The department of labor and industry has a duty to ensure that emergency care providers are properly licensed and provide proper treatment to patients in their care.
Mont. Code Ann. § 50-5-1307 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1307
50-5-1307 Redetermination of authority of lay or medical proxy decisionmaker
Status: in_force

50-5-1307 . Redetermination of authority of lay or medical proxy decisionmaker. The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care provider, or the lay or medical proxy decisionmaker believes the patient has regained decisional capacity. The attending health care provider shall enter the determination and the basis for the determination into the patient's medical record and shall notify the patient, the lay or medical proxy decisionmaker, and the person who requested the redetermination of decisional capacity, if the request was made by someone other than the patient or proxy decisionmaker.
Mont. Code Ann. § 50-6-202 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-202
50-6-202 Definitions
Status: in_force

50-6-202 . Definitions. As used in this part, the following definitions apply:

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

(2) "Emergency care provider" means a person licensed by the department of labor and industry, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. An emergency care provider with an endorsement may provide community-integrated health care.

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

(4) "Volunteer emergency care provider" means an individual who is licensed pursuant to this part and provides out-of-hospital, emergency medical, or community-integrated health care, patient care within a health care facility, or interfacility transport:

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

(b) for an emergency medical service other than:

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

(ii) a private business or a public agency, as defined in 7-1-4121 , that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.
Mont. Code Ann. § 50-39-102 — MT Code / Title 50 / Chapter 39 / Part 1 / Section 50-39-102
50-39-102 Application for license and endorsements
Status: in_force

50-39-102 . Application for license and endorsements. (1) An application for a license and any endorsements must be made on a form prescribed by the department of labor and industry.

(2) The department shall issue a license and endorsement to an applicant who:

(a) submits satisfactory proof that the applicant is properly equipped and staffed to provide the sales or services to be licensed and endorsed; and

(b) submits satisfactory proof that the applicant is insured to engage in the business covered by the license and endorsement or endorsements.

(3) The department shall:

(a) issue an endorsement to an applicant who scores a passing grade on an examination devised or approved by the department;

(b) issue an endorsement to an applicant who has been issued a letter of certification, specific to the endorsement being sought, from any national testing agency approved by the department; and

(c) renew the endorsement at the time intervals prescribed by the department and upon payment of the endorsement fee and submission of satisfactory proof that the endorsee has completed continuing education, training, or testing required by the department.
Mont. Code Ann. § 50-20-103 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-103
50-20-103 Legislative intent
Status: in_force

50-20-103 . Legislative intent. It is the intent of the legislature to restrict abortion to the extent permissible under decisions of appropriate courts or paramount legislation.
Mont. Code Ann. § 50-6-411 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-411
50-6-411 Regional trauma care advisory committees
Status: in_force

50-6-411 . Regional trauma care advisory committees. (1) Each trauma facility designated by the department pursuant to 50-6-410 shall appoint one representative to a regional trauma care advisory committee for the region in which the facility is located.

(2) Members of a regional trauma care advisory committee serve 4-year terms, except that one-half of the members initially appointed shall, as determined by lot, serve 2-year terms. If a vacancy occurs, the appointing authority shall appoint a replacement to fill the unexpired term. Members may be reappointed and may be removed for cause by the appointing authority.

(3) Members of a regional trauma care advisory committee shall elect a presiding officer who shall serve a term of 2 years.

(4) Members of a regional trauma care advisory committee do not receive compensation from the state and may not be reimbursed by the state for their expenses.

(5) Regional trauma care advisory committees have the duties provided in 50-6-412 .
Mont. Code Ann. § 50-74-206 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-206
50-74-206 Boiler to be inspected prior to use -- duty of notification
Status: in_force

50-74-206 . Boiler to be inspected prior to use -- duty of notification. (1) The inspector of boilers must inspect all boilers and steam generators before the same are used.

(2) All persons who bring into this state for operation in this state any boiler or boilers must notify the department stating the number and kind of boilers and where they are to be located and operated in this state and must secure from the department a certificate of inspection before boilers are placed in operation except in the case of new boilers, which must be inspected within 90 days after they are put in use.
Mont. Code Ann. § 50-77-104 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-104
50-77-104 Guarding of stairways and other openings
Status: in_force

50-77-104 . Guarding of stairways and other openings. It shall be the duty of all owners, contractors, builders, or persons having the direct and immediate control or supervision of any buildings in course of erection, which shall be more than 30 feet high, to see that all stairways, elevator openings, flues, and all other openings in the floors shall be covered or properly protected.
Mont. Code Ann. § 50-9-502 — MT Code / Title 50 / Chapter 9 / Part 5 / Section 50-9-502
50-9-502 Health care declaration registry filing provisions -- special revenue fund -- failure to file declaration or notify of revocation -- duty of health care providers to access registry
Status: in_force

50-9-502 . Health care declaration registry filing provisions -- special revenue fund -- failure to file declaration or notify of revocation -- duty of health care providers to access registry. (1) An individual or a person designated by the individual may file with the attorney general, for entry into the health care declaration registry, a declaration provided for in 50-9-103 that pertains to life-sustaining treatment.

(2) (a) The attorney general may accept gifts, grants, donations, bequests, and other forms of voluntary contributions to support, promote, and maintain the registry.

(b) There is a health care declaration account in the state special revenue fund. Money received pursuant to subsection (2)(a) and any money transferred from the general fund to the health care declaration registry must be deposited in the account and must be used by the attorney general to create and maintain the health care declaration registry and to create and maintain an education and outreach program for the public regarding advance health care planning and end-of-life health care decisionmaking.

(3) (a) Failure to file the declaration with the attorney general does not affect the validity of the declaration.

(b) Failure to notify the attorney general of a revocation of the declaration made pursuant to 50-9-104 , does not affect the validity of the revocation.

(4) A health care provider is not required to access the registry in order to determine if a qualified patient has filed a declaration with the attorney general.
Mont. Code Ann. § 50-37-109 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-109
50-37-109 Confiscation
Status: in_force

50-37-109 . Confiscation. A representative of the state fire prevention and investigation section or any sheriff, police officer, constable, officer of a governmental fire agency organized under Title 7, chapter 33, or firewarden shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.
Mont. Code Ann. § 50-4-713 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-713
50-4-713 Deadline for approval or nonapproval
Status: in_force

50-4-713 . Deadline for approval or nonapproval. (1) Within 60 days after the record, including the public hearing process, has been closed, the commissioner and the attorney general shall each issue a separate order to:

(a) approve the conversion transaction, with or without modifications; or

(b) disapprove the conversion transaction.

(2) If the commissioner and the attorney general do not both determine that the conversion transaction is approved, the conversion transaction is disapproved.

(3) Subject to subsection (4), the commissioner or the attorney general may, for cause, extend the time for making a determination for a 60-day period.

(4) The commissioner and the attorney general are limited to a maximum of two 60-day extensions for making a determination on the same application.
Mont. Code Ann. § 50-6-402 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-402
50-6-402 Department duties -- rules
Status: in_force

50-6-402 . Department duties -- rules. (1) The department shall plan, coordinate, implement, and administer a statewide trauma care system that involves all health care facilities and emergency medical services within the state. The department shall also develop and adopt a statewide trauma care system plan and a state trauma register.

(2) The department shall adopt rules to:

(a) establish and coordinate the statewide trauma care system, including rules that establish:

(i) various levels of trauma facilities and the standards each facility is required to meet concerning personnel, equipment, resources, data collection, and organizational capabilities;

(ii) procedures for, standards for, and the duration of designation and revocation of designation of a trauma facility, including application procedures, site survey procedures, complaint investigation, and emergency suspension of designation;

(iii) operational procedures and criteria for the regional trauma advisory committees;

(iv) prehospital emergency medical services triage and treatment protocols for trauma patients;

(v) triage and treatment protocols for the transfer of injured persons between health care facilities;

(vi) requirements for collection and release of trauma register data;

(vii) quality improvement standards for emergency medical services and trauma care facilities; and

(viii) the duties, responsibilities, and functions of the trauma care committee created by 2-15-2216 and the regional trauma care advisory committees created pursuant to 50-6-411 ;

(b) designate trauma regions throughout Montana, taking into consideration geographic distance from available trauma care, transportation modalities available, population location and density, health care facility resources, historical patterns of patient referral, and other considerations relevant to optimum provision of emergency medical care;

(c) establish the procedure to be followed by a health care facility to appeal to the department a decision by the department pursuant to 50-6-410 affecting the facility's designation as a trauma facility;

(d) specify the information that must be submitted to the department, including information from health care facilities, for statistical evaluation of the state and regional trauma care systems, planning prevention programs, assessing trauma-related educational priorities, and determining how trauma facilities and emergency medical services may comply with protocols and standards adopted by the department; and

(e) establish the electronic format and other standards that a health care facility trauma data system is required to meet in order to qualify as a hospital trauma register.

(3) The department shall submit a report to the legislature in accordance with 5-11-210 concerning the effectiveness of the trauma care system established under this part.

(4) This part does not restrict any other provisions of law allowing or requiring a health care facility or health care provider to provide health care services.
Mont. Code Ann. § 50-32-227 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-227
50-32-227 Board authorized to exempt certain compounds, mixtures, or preparations from Schedule III
Status: in_force

50-32-227 . Board authorized to exempt certain compounds, mixtures, or preparations from Schedule III. The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant drug listed in 50-32-226 (1) and (2) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the drugs which have a stimulant or depressant effect on the central nervous system.
Mont. Code Ann. § 50-39-103 — MT Code / Title 50 / Chapter 39 / Part 1 / Section 50-39-103
50-39-103 Inspections, examinations, and hearings authorized
Status: in_force

50-39-103 . Inspections, examinations, and hearings authorized. When requested by the department of labor and industry, the department of justice shall conduct inspections of the applicant's business facilities and shall report to the department of labor and industry the results of its inspection. The department of labor and industry may consider the inspection report and conduct examinations or hearings to determine an applicant's qualifications.
Mont. Code Ann. § 50-19-204 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-204
50-19-204 Department and Montana developmental center to furnish assistance when requested
Status: in_force

50-19-204 . Department and Montana developmental center to furnish assistance when requested. (1) The department and the staff of the Montana developmental center shall make available and furnish, when requested, any assistance and services permitted by law to achieve the legislative intent of this part.

(2) The department may determine its procedure for advising the attending physician, the parents, or legal guardian of the newborn infant of any medical results of the test and the availability of assistance, services, or counseling of the department and the staff of the Montana developmental center.

(3) The department may determine procedures for coordination with the Montana developmental center in providing the services and assistance required in this part.
Mont. Code Ann. § 50-60-605 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-605
50-60-605 Power supplier not to energize installation without electrical permit
Status: in_force

50-60-605 . Power supplier not to energize installation without electrical permit. Individuals, firms, cooperatives, corporations, or municipalities selling electricity are power suppliers. Except for temporary connections that the department of labor and industry may authorize by rule for a period not exceeding 14 days without a preconnection inspection, power suppliers may not connect with or energize an electrical installation under this part unless the owner or a licensed electrical contractor has delivered to the power supplier an electrical permit covering the installation, issued by the department of labor and industry or a county, city, or town certified to enforce the electrical code pursuant to 50-60-302 .
Mont. Code Ann. § 50-20-108 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-108
50-20-108 Protection of premature infants born alive
Status: in_force

50-20-108 . Protection of premature infants born alive. (1) A person commits an offense, as defined in 45-5-102 through 45-5-104 , if the person purposely, knowingly, or negligently causes the death of a premature infant born alive, if the infant is viable.

(2) Whenever a premature infant that is the subject of abortion is born alive and is viable, it becomes a dependent and neglected child subject to the provisions of state law, unless:

(a) the termination of the pregnancy is necessary to preserve the life of the mother; or

(b) the mother and the mother's spouse or either of them have agreed in writing in advance of the abortion or within 72 hours thereafter to accept the parental rights and responsibilities of the premature infant if it survives the abortion procedure.

(3) A person may not use any premature infant born alive for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the premature infant born alive.

(4) A violation of subsection (3) is a felony.
Mont. Code Ann. § 50-5-1107 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1107
50-5-1107 Enforcement of residents' rights
Status: in_force

50-5-1107 . Enforcement of residents' rights. The requirements of 50-5-1104 through 50-5-1106 are included in the minimum standards considered by the department in reviewing applications for license, as provided in 50-5-204 .
Mont. Code Ann. § 50-73-103 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-103
50-73-103 Department authorized to adopt rules
Status: in_force

50-73-103 . Department authorized to adopt rules. The department may adopt rules to carry out the provisions of this chapter and safety standards for all coal mines in this state.
Mont. Code Ann. § 50-9-202 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-202
50-9-202 Treatment of qualified patients
Status: in_force

50-9-202 . Treatment of qualified patients. (1) A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so.

(2) This chapter does not affect the responsibility of the attending physician, attending advanced practice registered nurse, or other health care provider to provide treatment, including nutrition and hydration, for a patient's comfort care or alleviation of pain.

(3) Life-sustaining treatment cannot be withheld or withdrawn pursuant to a declaration from an individual known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.
Mont. Code Ann. § 50-60-509 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-509
50-60-509 Person commencing work without a permit to pay double the permit fee -- exception
Status: in_force

50-60-509 . Person commencing work without a permit to pay double the permit fee -- exception. A person who commences any work for which a permit is required without first obtaining a permit shall, if subsequently allowed to obtain a permit, pay double the permit fee for the work, except that this provision does not apply to emergency work when it is proved to the satisfaction of the department of labor and industry or its authorized representative that the work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all emergency cases, a permit must be obtained as soon as it is practical to do so, and if there is unreasonable delay in applying for the permit, a double fee must be charged.
Mont. Code Ann. § 50-15-406 — MT Code / Title 50 / Chapter 15 / Part 4 / Section 50-15-406
50-15-406 Body brought into state for disposition
Status: in_force

50-15-406 . Body brought into state for disposition. If a body is brought into the state for burial or other disposition accompanied by a permit, the local registrar shall endorse the permit and keep a record of it.
Mont. Code Ann. § 50-79-108 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-108
50-79-108 Inspection agreements and training programs
Status: in_force

50-79-108 . Inspection agreements and training programs. (1) The department, on behalf of the state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies whereby this state shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.

(2) The department and any other appropriate state agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
Mont. Code Ann. § 50-31-101 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-101
50-31-101 Short title
Status: in_force

50-31-101 . Short title. This chapter may be cited as the "Montana Food, Drug, and Cosmetic Act".
Mont. Code Ann. § 50-52-202 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-202
50-52-202 License fee -- late fee
Status: in_force

50-52-202 . License fee -- late fee. (1) (a) Each application for a new license required under 50-52-103 or a license renewal must be accompanied by a fee as provided in subsection (1)(b).

(b) License fees are:

(i) $80 annually for a campground or trailer court with no more than 10 spaces available for rental;

(ii) $150 annually for a campground or trailer court with more than 10 but not more than 25 spaces available for rental; and

(iii) $225 annually for a campground or trailer court with more than 25 spaces available for rental.

(2) Of the fees collected under subsection (1), the department shall deposit 85% into the local board inspection fund account created in 50-2-108 , 11.25% into the general fund, and 3.75% into the account provided for in 50-52-210 .

(3) (a) In addition to the license renewal fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year.

(b) The late fee must be deposited in the account provided for in 50-52-210 .
Mont. Code Ann. § 50-74-305 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-305
50-74-305 Exceptions to requirements for engineer's license
Status: in_force

50-74-305 . Exceptions to requirements for engineer's license. Allowable exceptions or variances to the minimum requirements set out in 50-74-304 are as follows:

(1) An applicant for an engineer's license in any classification who holds a valid license in that classification from another state having licensing requirements equal to or exceeding the minimum requirements set out in 50-74-304 , who successfully passes a written examination prescribed by the department, and who is found competent to operate a boiler and steam-driven machinery in that classification by the department must be granted a license in that classification.

(2) Operating experience in a classification accumulated in the United States military services or the merchant marine service satisfactory to the department may be accepted in lieu of the operating experience required for licensing of engineers in each of the license classifications.

(3) An applicant who has training in the operation of steam or water boilers and steam machinery and who has been certified as having satisfactorily completed a prescribed training course from a department-approved institution or training program in the classification for which the applicant is applying may, pursuant to department rule, be credited with experience toward a first-, second-, or third-class or low-pressure engineer's license.
Mont. Code Ann. § 50-48-103 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-103
50-48-103 Rulemaking authority
Status: in_force

50-48-103 . Rulemaking authority. The department shall adopt and enforce minimum safety and sanitation requirements for tattooing and body piercing, including rules to:

(1) set standards to ensure sanitation and safety in establishments to protect the public health and safety;

(2) license establishments;

(3) provide procedures for enforcement of the laws and rules relating to establishments, including implementing plans of correction;

(4) impose fees for licensure, inspection, enforcement, training, and administration.
Mont. Code Ann. § 50-53-217 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-217
50-53-217 Recovery of costs by department or local jurisdiction
Status: in_force

50-53-217 . Recovery of costs by department or local jurisdiction. In a civil or criminal action brought by the department or a local jurisdiction to enforce the requirements of part 1 and this part, the rules of the department, or any condition of a license or to assess civil penalties and in an action brought by the department to enforce an order of the department, the court may, in the case of an intentional violation of part 1 and this part, assess the operator of the public swimming pool or public bathing place for the costs of any investigation and the costs of the civil or criminal action, including reasonable attorney fees.
Mont. Code Ann. § 50-65-120 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-120
50-65-120 Preemption
Status: in_force

50-65-120 . Preemption. This chapter no longer applies if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.
Mont. Code Ann. § 50-16-803 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-803
50-16-803 Definitions
Status: in_force

50-16-803 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Health care" means care, services, or supplies provided by a health care provider that are related to the health of an individual. Health care includes but is not limited to the following:

(a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to an individual's physical or mental condition; or

(b) the sale or dispensing of any drug, device, equipment, or other item in accordance with a prescription.

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

(3) "Health care information" means any information, whether oral or recorded in any form or medium, that:

(a) is created or received by a health care provider;

(b) relates to the past, present, or future physical or mental health or condition of an individual or to the past, present, or future payment for the provision of health care to the individual; and

(c) identifies or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

(4) "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.

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

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

(7) "Reasonable fee" means the charge, as provided for in 50-16-816 , for duplicating, searching for, or handling recorded health care information.
Mont. Code Ann. § 50-16-543 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-543
50-16-543 Request for correction or amendment
Status: in_force

50-16-543 . Request for correction or amendment. (1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient's health care information to which the provider has access under 50-16-541 .

(2) As promptly as required under the circumstances but no later than 10 days after receiving a request from a patient to correct or amend its record of the patient's health care information, the health care provider shall:

(a) make the requested correction or amendment and inform the patient of the action and of the patient's right to have the correction or amendment sent to previous recipients of the health care information in question;

(b) inform the patient if the record no longer exists or cannot be found;

(c) if the health care provider does not maintain the record, inform the patient and provide the patient with the name and address, if known, of the person who maintains the record;

(d) if the record is in use or unusual circumstances have delayed the handling of the correction or amendment request, inform the patient and specify in writing the earliest date, not later than 21 days after receiving the request, when the correction or amendment will be made or when the request will otherwise be disposed of; or

(e) inform the patient in writing of the provider's refusal to correct or amend the record as requested, the reason for the refusal, and the patient's right to add a statement of disagreement and to have that statement sent to previous recipients of the disputed health care information.
Mont. Code Ann. § 50-16-553 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-553
50-16-553 Civil remedies
Status: in_force

50-16-553 . Civil remedies. (1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.

(2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.

(3) A health care provider who relies in good faith upon a certification pursuant to 50-16-536 (2) is not liable for disclosures made in reliance on that certification.

(4) A disciplinary or punitive action may not be taken against a health care provider or the provider's employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.

(5) In an action by a patient alleging that health care information was improperly withheld under 50-16-541 and 50-16-542 , the burden of proof is on the health care provider to establish that the information was properly withheld.

(6) If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.

(7) If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.

(8) An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.
Mont. Code Ann. § 50-6-304 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-304
50-6-304 Cooperative agreements -- gifts, grants, and donations
Status: in_force

50-6-304 . Cooperative agreements -- gifts, grants, and donations. (1) The department may enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this part.

(2) The department may accept and administer any gift, grant, or donation of funds to carry out the purposes of this part.
Mont. Code Ann. § 50-60-502 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-502
50-60-502 No penalties for hiring unlicensed plumbers
Status: in_force

50-60-502 . No penalties for hiring unlicensed plumbers. This part may not be construed as imposing any penalty on a person for hiring or contracting with an unlicensed person to do work in the field of plumbing. However, a person who engages in the field of plumbing at a time when the person is not duly licensed is subject to the penalties imposed by this part and Title 37, chapter 69.
Mont. Code Ann. § 50-30-304 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-304
50-30-304 Penalty
Status: in_force

50-30-304 . Penalty. A person who violates the provisions of 50-30-301 is guilty of a misdemeanor and shall be fined no more than $500 or be imprisoned for any term not to exceed 90 days, or both. For offenses committed with intent to defraud or mislead or for second and subsequent offenses, the penalty shall be imprisonment for any term not to exceed 1 year or a fine of no more than $3,000, or both.
Mont. Code Ann. § 50-60-206 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-206
50-60-206 Variances to state building code
Status: in_force

50-60-206 . Variances to state building code. (1) The department has the power, on satisfactory proof after a public hearing, to:

(a) vary or modify, in whole or part, the application of any provision or requirement of the state building code if strict compliance would cause any undue hardship; but no variance or modification shall affect adversely provisions for health, safety, and security, and equally safe and proper alternatives may be prescribed therefor;

(b) reverse, modify, or annul, in whole or part, any ruling, direction, determination, or order of any state agency affecting or relating to the construction of any building, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code;

(c) review within 30 days after disapproval any application for permission for the construction of a building pursuant to the provisions of the state building code or plans or specifications submitted in connection therewith;

(d) reverse, modify, or annul the disapproval in whole or part;

(e) within 30 days make a determination that the application or plans or specifications are in compliance with the provisions of the state building code. If this determination is made, the officer charged with the duty shall issue any permit, license, certificate, authorization, or other document required for the construction.

(2) An application for a variance, modification, reversal, annulment, or review may be made by any person aggrieved pursuant to the Montana Administrative Procedure Act.

(3) An application for a variance, modification, reversal, annulment, or review shall stay all proceedings in furtherance of the action appealed from unless there is a showing by the state agency that a stay would involve imminent peril to life or property.

(4) The department, in hearings conducted under this section, shall not be bound by common-law or statutory rules of evidence.
Mont. Code Ann. § 50-73-307 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-307
50-73-307 Operator to make and preserve record of all injuries
Status: in_force

50-73-307 . Operator to make and preserve record of all injuries. An operator of a coal mine or the operator's agent shall make and preserve for the information of the department, upon uniform blanks furnished by the department, a record of all injuries sustained by any employees on the premises.
Mont. Code Ann. § 50-4-1002 — MT Code / Title 50 / Chapter 4 / Part 10 / Section 50-4-1002
50-4-1002 Purpose
Status: in_force

50-4-1002 . Purpose. The purpose of this part is to enhance the protection of minors and their families, pursuant to Article II, section 15, of the Montana constitution, from any form of pressure to receive harmful, experimental puberty blockers and cross-sex hormones and to undergo irreversible, life-altering surgical procedures prior to attaining the age of majority.
Mont. Code Ann. § 50-32-313 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-313
50-32-313 Practitioner's failure to register a misdemeanor
Status: in_force

50-32-313 . Practitioner's failure to register a misdemeanor. Practitioners who fail or refuse to register as required by this chapter shall be guilty of a misdemeanor and upon conviction therefor may be fined not to exceed $1,000, imprisoned in the county jail not to exceed 1 year, or both.
Mont. Code Ann. § 50-57-211 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-211
50-57-211 Submission and execution of plan of correction as bar to cancellation
Status: in_force

50-57-211 . Submission and execution of plan of correction as bar to cancellation. An applicant or licensee may submit to the department a written plan of correction within 10 days after receipt from the department of a written notice of violation. The department shall determine if the plan of correction is acceptable. The submission and execution of an acceptable plan of correction within the time prescribed in the plan are a bar to license cancellation.
Mont. Code Ann. § 50-48-102 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-102
50-48-102 Definitions
Status: in_force

50-48-102 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.

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

(3) "Establishment" means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment.

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

(5) "Local health officer" has the meaning provided in 50-1-101 .

(6) "Multiple-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management.

(7) "Person" means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing.

(8) "Regulatory authority" means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian.

(9) (a) "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. The term includes imparting permanent makeup on the skin such as permanent lip coloring and permanent eyeliner.

(b) The term does not include:

(i) the practice of electrology as defined in 37-31-101 ; or

(ii) the use by a physician or medical professional who is licensed to practice in the state of Montana of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.
Mont. Code Ann. § 50-43-104 — MT Code / Title 50 / Chapter 43 / Part 1 / Section 50-43-104
50-43-104 Health care facility may not interfere
Status: in_force

50-43-104 . Health care facility may not interfere. A health care facility may not interfere with the physician-patient relationship by restricting or forbidding the use of calcium-EAP, harnosal, or phosetamin when prescribed or administered by a physician.
Mont. Code Ann. § 50-74-218 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-218
50-74-218 Safe working pressure
Status: in_force

50-74-218 . Safe working pressure. (1) If a boiler is constructed with lap horizontal seams on the boiler, dome, or drum, a factor of 4 1/2 must be used in determining the safe working pressure allowed on the boiler.

(2) If a boiler is constructed with butt strap horizontal seams, a factor of four may be used in determining the safe working pressure.

(3) If a boiler is a historical boiler, as defined by the department by rule, on stayed sections, a safety factor of four must be used in determining the safe working pressure.

(4) If a boiler rests on a side wall on lugs, is hung by I-beams, or is in any way set up so that the weight of the boiler is pulling against the horizontal seam of rivets, a factor of five must be used in determining the safe working pressure.

(5) If the horizontal lap seams of a boiler are exposed to the fire, a factor of five must be used in determining the safe working pressure.

(6) On new stay bolts, 7,500 pounds pressure per square inch is allowed. If the stay bolts are corroded or defective, the inspector must determine the pressure to be allowed on the stay bolts.

(7) On braces made of solid material, 8,000 pounds pressure per square inch is allowed. On welded braces or braces with only one crowfoot, 6,000 pounds pressure per square inch is allowed.

(8) Cast iron may not be used in the construction or reinforcements of a boiler if the pressure allowed on the boiler is more than 100 pounds per square inch.
Mont. Code Ann. § 50-60-401 — MT Code / Title 50 / Chapter 60 / Part 4 / Section 50-60-401
50-60-401 Department to adopt rules for factory-built buildings
Status: in_force

50-60-401 . Department to adopt rules for factory-built buildings. The department may adopt by reference nationally recognized construction standards, in whole or in part, for the construction of factory-built buildings, but this does not prevent the department from adopting rules more stringent than those contained in the national standards.
Mont. Code Ann. § 50-20-308 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-308
50-20-308 Protection of privacy in court proceedings
Status: in_force

50-20-308 . Protection of privacy in court proceedings. In a civil or criminal proceeding under this chapter, the court shall determine whether the anonymity of a woman upon whom an abortion has been performed or attempted must be preserved from public disclosure, unless the woman waives anonymity. The court shall make a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and the exclusion of individuals from the proceedings to the extent necessary to safeguard the woman's identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is necessary, how the order is tailored to protect the woman's privacy, and why no less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, a person other than a public official who brings an action under 50-20-307 (1) shall do so under a pseudonym.
Mont. Code Ann. § 50-19-406 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-406
50-19-406 Unauthorized disclosure -- misdemeanor
Status: in_force

50-19-406 . Unauthorized disclosure -- misdemeanor. A person who knowingly uses information obtained pursuant to 50-19-402 (2) for a purpose not authorized by 50-19-402 (3) or who discloses that information in violation of 50-19-402 (2) is guilty of a misdemeanor and upon conviction is punishable as provided in 46-18-212 .
Mont. Code Ann. § 50-53-109 — MT Code / Title 50 / Chapter 53 / Part 1 / Section 50-53-109
50-53-109 Violation of chapter a misdemeanor
Status: in_force

50-53-109 . Violation of chapter a misdemeanor. A person who violates this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $25 or more than $500, imprisonment for not more than 6 months, or both. Each day that a violation continues is a separate violation.
Mont. Code Ann. § 50-71-202 — MT Code / Title 50 / Chapter 71 / Part 2 / Section 50-71-202
50-71-202 Employer to provide and maintain safe place of employment
Status: in_force

50-71-202 . Employer to provide and maintain safe place of employment. (1) An employer who is the owner or lessee of any real property in this state shall not construct or cause to be constructed or maintained any place of employment that is unsafe.

(2) Every employer who is the owner of a place of employment or lessee thereof shall repair and maintain the same as to render it safe.
Mont. Code Ann. § 50-16-541 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-541
50-16-541 Requirements and procedures for patient's examination and copying
Status: in_force

50-16-541 . Requirements and procedures for patient's examination and copying. (1) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request, shall:

(a) make the information available to the patient for examination, without charge, during regular business hours or provide a copy, if requested, to the patient;

(b) inform the patient if the information does not exist or cannot be found;

(c) if the health care provider does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider who maintains the record;

(d) if the information is in use or unusual circumstances have delayed handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, not later than 21 days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or

(e) deny the request in whole or in part under 50-16-542 and inform the patient.

(2) Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the health care provider in the requested form, the health care provider is not required to create a new record or reformulate an existing record to make the information available in the requested form. The health care provider may charge a reasonable fee for each request, not to exceed the fee provided for in 50-16-540 , for providing the health care information and is not required to provide copies until the fee is paid.
Mont. Code Ann. § 50-60-107 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-107
50-60-107 Certificate of occupancy
Status: in_force

50-60-107 . Certificate of occupancy. (1) A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it.

(2) Every certificate of occupancy, unless and until set aside or vacated by a court of competent jurisdiction, is binding and conclusive upon all county, city, or town agencies as to all matters set forth, and an order, directive, or requirement at variance with the certificate of occupancy may not be made or issued by any other state agency or county, city, or town agency.
Mont. Code Ann. § 50-6-310 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-310
50-6-310 Notice and hearing required
Status: in_force

50-6-310 . Notice and hearing required. (1) The department may not deny or cancel a license without:

(a) delivery to the applicant or licensee of a written statement of the grounds for the denial or cancellation or the charge involved;

(b) an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled.

(2) The licensee shall make written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.
Mont. Code Ann. § 50-4-709 — MT Code / Title 50 / Chapter 4 / Part 7 / Section 50-4-709
50-4-709 Receiving an application -- notice of application
Status: in_force

50-4-709 . Receiving an application -- notice of application. (1) Within 15 working days after receiving an application for a conversion transaction, the commissioner shall:

(a) publish notice of the application by the internet and by press release to the most widely circulated newspapers in a nonprofit health entity's service area; and

(b) maintain a list of, and notify by e-mail or first-class mail, any person that has requested in writing notice of the filing of an application.

(2) The notice under subsection (1) must:

(a) state that an application has been received;

(b) state the names of the parties to the conversion transaction;

(c) describe the contents of the application;

(d) state the date by which a person shall submit written comments on the application; and

(e) provide the date, time, and place of the public hearing on the conversion transaction.
Mont. Code Ann. § 50-6-206 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-206
50-6-206 Consent
Status: in_force

50-6-206 . Consent. An emergency care provider may not be subject to civil liability for failure to obtain consent in performing acts as authorized in this part to any individual regardless of age when the patient is unable to give consent and there is no other person present legally authorized to consent, provided that the acts are in good faith and without knowledge of facts negating consent.
Mont. Code Ann. § 50-57-206 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-206
50-57-206 License expiration -- nontransferability
Status: in_force

50-57-206 . License expiration -- nontransferability. (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) If the board of review adopts a renewal date for licenses under this chapter, the licenses expire on the anniversary date established by rule by the board of review.

(3) Licenses are not transferable.
Mont. Code Ann. § 50-5-703 — MT Code / Title 50 / Chapter 5 / Part 7 / Section 50-5-703
50-5-703 Notice to designated lay caregiver
Status: in_force

50-5-703 . Notice to designated lay caregiver. (1) A hospital shall notify a patient's designated lay caregiver of the patient's impending discharge or transfer to another hospital or facility licensed by the state as soon as practicable. Notice may be provided after the patient's physician issues a discharge order and prior to the patient's discharge or transfer.

(2) If the hospital is unable to contact the lay caregiver, the lack of contact may not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge or transfer of the patient. The hospital shall appropriately document the inability to contact the lay caregiver.
Mont. Code Ann. § 50-60-117 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-117
50-60-117 Building code interpretations -- central registry
Status: in_force

50-60-117 . Building code interpretations -- central registry. (1) The department shall, in cooperation with the Montana chapter of the international conference of building officials, develop a process and procedure for:

(a) achieving, to the greatest extent possible, knowledge and acceptance of the department's interpretations by affected parties;

(b) publishing the department's interpretations of building code provisions in a manner that makes the interpretations easily accessible to and obtainable by the public by paper copy and by electronic means; and

(c) maintaining in a central registry easily accessed records of the published interpretations provided for in subsection (1)(b).

(2) The department shall provide to the building codes council, established in 50-60-115 , a comprehensive and up-to-date file of the department's interpretations of all building codes in use in Montana.
Mont. Code Ann. § 50-16-611 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-611
50-16-611 Penalty
Status: in_force

50-16-611 . Penalty. A person who knowingly violates the provisions of this part 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.
Mont. Code Ann. § 50-60-715 — MT Code / Title 50 / Chapter 60 / Part 7 / Section 50-60-715
50-60-715 Testing
Status: in_force

50-60-715 . Testing. (1) The department shall establish by rule requirements for periodic testing of elevators, escalators, dumbwaiters, and other equipment subject to the provisions of this part. It is the responsibility of the owners or lessees of equipment subject to the provisions of this section to ensure compliance with any testing requirements.

(2) An owner or lessee shall obtain the services of a licensed elevator contractor for testing and all tests must be conducted by a licensed elevator mechanic.
Mont. Code Ann. § 50-5-308 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-308
50-5-308 Special circumstances
Status: in_force

50-5-308 . Special circumstances. The department shall issue a certificate of need for a proposed capital expenditure if:

(1) the capital expenditure is required to eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to comply with state licensure, certification, or accreditation standards; and

(2) the department has determined that the long-term care facility or service for which the capital expenditure is proposed is needed and that the obligation of the capital expenditure is consistent with the state long-term care facilities plan.
Mont. Code Ann. § 50-4-108 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-108
50-4-108 Disclosure required
Status: in_force

50-4-108 . Disclosure required. A direct patient care agreement must prominently display a written disclaimer that is either printed on or accompanies all application and guideline materials distributed by or on behalf of the agreement. The disclaimer must read substantially as follows:

Notice: The organization facilitating the direct patient care agreement is not an insurance company, and the direct patient care company guidelines and agreement operation are not an insurance policy. The agreement does not meet any individual health insurance mandate that may be required by federal law. Participation in the direct patient care agreement or a subscription to any of its documents should not be considered to be a health insurance policy. Regardless of whether you receive treatment for medical issues through the direct patient care agreement, you are always personally responsible for the payment of any additional medical expenses that you may incur.
Mont. Code Ann. § 50-1-104 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-104
50-1-104 General penalty
Status: in_force

50-1-104 . General penalty. Anyone who violates a rule adopted by the department for which a penalty is not specified is guilty of a misdemeanor.
Mont. Code Ann. § 50-52-103 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-103
50-52-103 Duty to obtain license and permit inspections
Status: in_force

50-52-103 . Duty to obtain license and permit inspections. A person operating an establishment shall:

(1) possess a current license to do so from the department. However, a campground owned by the state or a political subdivision need not obtain a license but must comply with rules applicable to it adopted by the department.

(2) permit inspections by state or local health officers, sanitarians, or other authorized persons at all reasonable times.
Mont. Code Ann. § 50-31-305 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-305
50-31-305 When drug or device adulterated
Status: in_force

50-31-305 . When drug or device adulterated. A drug or device shall be deemed to be adulterated if it:

(1) consists in whole or in part of any filthy, putrid, or decomposed substance;

(2) has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth or rendered injurious to health;

(3) is a drug and the methods used in or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess;

(4) is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;

(5) is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act or it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of the federal act;

(6) purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this subsection because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label.

(7) is not subject to the provisions of subsection (6) of this section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or

(8) is a drug and any substance has been:

(a) mixed or packed therewith so as to reduce its quality or strength; or

(b) substituted wholly or in part therefor.
Mont. Code Ann. § 50-73-308 — MT Code / Title 50 / Chapter 73 / Part 3 / Section 50-73-308
50-73-308 Operator to notify miners' organization of mine fatality
Status: in_force

50-73-308 . Operator to notify miners' organization of mine fatality. The operator shall, upon being notified of a fatality in a coal mine, relay that information promptly to the district office of the miners' organization.
Mont. Code Ann. § 50-20-307 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-307
50-20-307 Civil remedies
Status: in_force

50-20-307 . Civil remedies. (1) A person who performs an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was performed or, if the woman is under 18 years of age or is physically or mentally incapacitated for purposes of being able to decide whether to bring and pursue an action, then, on the woman's behalf, by either:

(a) the father of the unborn child who was the subject of the abortion; or

(b) the grandparent of an unborn child who was the subject of the abortion.

(2) A person who attempts to perform an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was attempted.

(3) If the department fails to issue the public report required in 50-20-306 , a group of 10 or more citizens may seek an injunction, in a court of competent jurisdiction, against the director of the department to require that a complete report be issued within a period established by court order. Failure to comply with an injunction subjects the director to sanctions for civil contempt.

(4) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall award reasonable attorney fees in favor of the plaintiff against the defendant.

(5) An abortion or attempted abortion performed in violation of this chapter is the basis for a professional disciplinary action under 37-1-316 .
Mont. Code Ann. § 50-1-207 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-207
50-1-207 Nonopioid alternatives to opioid prescriptions -- educational materials
Status: in_force

50-1-207 . Nonopioid alternatives to opioid prescriptions -- educational materials. The department of public health and human services shall develop and publish on its website an educational pamphlet regarding the use of nonopioid alternatives for the treatment of acute nonoperative, acute perioperative, subacute, or chronic pain. The pamphlet must, at a minimum, include:

(1) information on available nonopioid alternatives for the treatment of pain, including available nonopioid medicinal drugs or drug products and nonpharmacological therapies; and

(2) the advantages and disadvantages of the use of nonopioid alternatives.
Mont. Code Ann. § 50-5-248 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-248
50-5-248 Licensing of residential treatment centers -- rulemaking
Status: in_force

50-5-248 . Licensing of residential treatment centers -- rulemaking. (1) The department shall license residential treatment centers, as defined in 50-5-101 .

(2) The department shall adopt administrative rules for licensure, including:

(a) an appropriate staff-to-patient ratio;

(b) minimum qualifications for staff;

(c) staff training requirements;

(d) required treatment services and if the services must be provided on-site or if they may be provided through arrangements with other health care facilities;

(e) insurance requirements;

(f) fingerprint background checks for anyone with regular access to patients, including staff, volunteers, and mental health contractors;

(g) guidelines for written policies and procedures, including those for suicide prevention;

(h) abuse and neglect reporting requirements;

(i) provisional licensure as provided in subsection (5); and

(j) other rules the department considers necessary to ensure the safe operation of residential treatment centers.

(3) The department shall align licensure and other requirements for residential treatment centers with the requirements provided for in 52-2-805 and 52-2-810 .

(4) Residential treatment centers must have accreditation granted by an accrediting entity approved by the U.S. centers for medicare and medicaid services.

(5) (a) The department may grant an initial 6-month provisional license to a facility that submits written evidence of its application for accreditation as required by subsection (4) and is in the process of obtaining full accreditation.

(b) The department may grant an additional 6-month provisional license to a facility that submits written evidence of its application for accreditation as required by subsection (4) and is in the process of accreditation.

(c) Provisional licensure may not exceed 1 year.
Mont. Code Ann. § 50-57-212 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-212
50-57-212 Notice and hearing required
Status: in_force

50-57-212 . Notice and hearing required. (1) A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the department to show cause, if any, why the license should not be denied or canceled.

(2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.

(3) The hearing must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. After a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.
Mont. Code Ann. § 50-16-603 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-603
50-16-603 Confidentiality of health care information
Status: in_force

50-16-603 . Confidentiality of health care information. Health care information in the possession of the department, a local board, a local health officer, or the entity's authorized representatives may not be released except:

(1) for statistical purposes, if no identification of individuals can be made from the information released;

(2) when the health care information pertains to a person who has given written consent to the release and has specified the type of information to be released and the person or entity to whom it may be released;

(3) to medical personnel in a medical emergency as necessary to protect the health, life, or well-being of the named person;

(4) as allowed by Title 50, chapters 17 and 18;

(5) to another state or local public health agency, including those in other states, whenever necessary to continue health services to the named person or to undertake public health efforts to prevent or interrupt the transmission of a communicable disease or to alleviate and prevent injury caused by the release of biological, chemical, or radiological agents capable of causing imminent disability, death, or infection;

(6) in the case of a minor, as required by 41-3-201 or pursuant to an investigation or a safety and risk assessment under 41-3-202 or if the health care information is to be presented as evidence in a court proceeding involving child abuse pursuant to Title 41, chapter 3. Documents containing the information must be sealed by the court upon conclusion of the proceedings.

(7) to medical personnel, the department, a local health officer or board, or a district court when necessary to implement or enforce state statutes or state or local health rules concerning the prevention or control of diseases designated as reportable pursuant to 50-1-202 , if the release does not conflict with any other provision contained in this part.
Mont. Code Ann. § 50-31-208 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-208
50-31-208 Sale of hamburger and beef patty mix
Status: in_force

50-31-208 . Sale of hamburger and beef patty mix. (1) A food service establishment or retail meat establishment may not use the terms "hamburger", "burger", or other similar term in any advertisement or menu to refer to any beef patty mix. A food service establishment or retail meat establishment selling or serving beef patty mix may refer to the product as "beef patty mix" or by any other term that accurately informs the customer of the nature of the food product being sold or served.

(2) If beef patty mix is sold or served in a food service establishment or retail meat establishment, a list of ingredients must appear on the menu or label or, if there is not a menu or label, on a placard as follows:

(a) The term "beef patty mix" or any other term that accurately informs the customer of the nature of the food product and its ingredients must be included.

(b) The ingredients must be listed in descending order of predominance by weight.

(c) The lettering on the placard must be at least 1 inch in height (72-point letters), in boldface, and in colors that contrast with the placard.

(d) The placard must be posted in a permanent place, conspicuous to the customer, in each room or area where food is served or sold at retail.

(3) If hamburger or ground beef is sold in a retail meat establishment, the grade of hamburger or ground beef, as enumerated in 50-31-103 (19), and the maximum fat and minimum lean content must appear on each displayed package or, if the product is not packaged for display, on a placard. If a placard is used, it must satisfy the requirements of subsections (2)(c) and (2)(d). The provisions of this subsection do not apply to the service of prepared hamburger or ground beef at a food service establishment.
Mont. Code Ann. § 50-19-401 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-401
50-19-401 Short title
Status: in_force

50-19-401 . Short title. This part may be cited as the "Fetal, Infant, Child, and Maternal Mortality Prevention Act".
Mont. Code Ann. § 50-16-605 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-605
50-16-605 Judicial, legislative, and administrative proceedings -- testimony
Status: in_force

50-16-605 . Judicial, legislative, and administrative proceedings -- testimony. (1) An officer or employee of the department may not be examined in a judicial, legislative, administrative, or other proceeding about the existence or content of records containing individually identifiable health care information, including the results of investigations, unless all individuals whose names appear in the records give written consent to the release of information identifying them.

(2) Subsection (1) does not apply if the health care information is to be released pursuant to 50-16-603 (6) and (7).
Mont. Code Ann. § 50-12-107 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-107
50-12-107 Heirs not liable for payments
Status: in_force

50-12-107 . Heirs not liable for payments. If a patient dies while being treated with an experimental treatment, the patient's heirs are not liable for any outstanding debt related to the treatment or to a lack of insurance as a result of the treatment.
Mont. Code Ann. § 50-49-107 — MT Code / Title 50 / Chapter 49 / Part 1 / Section 50-49-107
50-49-107 Public health nutritionist -- appointment and duties
Status: in_force

50-49-107 . Public health nutritionist -- appointment and duties. The director of the department shall appoint a registered dietitian as a public health nutritionist. The appointment of the public health nutritionist may not be required unless funding for the position is available. The public health nutritionist shall:

(1) establish a program of public education and technical assistance for programs that provide food assistance; and

(2) provide technical assistance to the governor's advisory council on aging; and

(3) provide technical assistance to health care and public health agencies.
Mont. Code Ann. § 50-12-105 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-105
50-12-105 Informed consent required
Status: in_force

50-12-105 . Informed consent required. (1) A patient or a patient's legal guardian shall provide informed consent to receive an experimental treatment.

(2) At a minimum, the informed consent must include:

(a) an explanation of the currently approved products, treatments, and services relevant to the patient's disease, condition, or desired health outcomes;

(b) an attestation that the patient concurs with the treating health care provider in believing that currently approved and conventionally recognized treatments are either unlikely to achieve the patient's desired health outcomes or are otherwise impractically available;

(c) clear identification of the specific experimental treatment that the patient is seeking to use;

(d) a description of the potentially best and worst outcomes of receiving the experimental treatment and a realistic description of the most likely outcome;

(e) a statement that the patient's health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the experimental treatment unless they are specifically required to do so by law or contract;

(f) as applied to patients potentially eligible for hospice care, a statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the experimental treatment and that hospice care may be reinstated if the treatment ends and the patient meets hospice eligibility requirements;

(g) a statement that the patient understands that the patient is liable for all expenses related to the use of the experimental treatment and that the liability for expenses extends to the patient's estate, unless a contract between the patient and the manufacturer, health care provider, or health care facility providing the experimental treatment states otherwise; and

(h) a statement that the patient acknowledges that the experimental treatment cannot be used to assist with ending the patient's natural life.

(3) The informed consent must:

(a) (i) be signed by:

(A) the patient;

(B) a parent or legal guardian, if the patient is a minor; or

(C) a legal guardian, if a guardian has been appointed pursuant to Title 72, chapter 5; and

(ii) be attested to by the patient's treating health care provider and a witness; or

(b) include verified comprehension and consent through interactive discussions with the individuals set forth in subsection (3)(a) that have been recorded using audio, video, or any other digital platform.

(4) For transparency and quality purposes, it is recommended that health care providers and health care facilities utilize the enhanced informed consent process set forth in subsection (3)(b).
Mont. Code Ann. § 50-5-602 — MT Code / Title 50 / Chapter 5 / Part 6 / Section 50-5-602
50-5-602 Definitions
Status: in_force

50-5-602 . 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) "Family practice" means comprehensive medical care with particular emphasis on the family unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex, as defined in 1-1-201 , or by a particular organ system or disease entity.

(3) "Residency training" means a community-based family practice program to train family practice resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient and outpatient training.

(4) "Resident physician" means any physician in advanced medical specialty training.
Mont. Code Ann. § 50-78-103 — MT Code / Title 50 / Chapter 78 / Part 1 / Section 50-78-103
50-78-103 Applicability -- exemptions
Status: in_force

50-78-103 . Applicability -- exemptions. (1) The provisions of this chapter do not apply to:

(a) any consumer product intended for personal consumption or use by an employee;

(b) any retail food sale establishment or other retail trade establishment, exclusive of processing and repair areas;

(c) a food, drug, or cosmetic as defined in the Montana Food, Drug, and Cosmetic Act, Title 50, chapter 31;

(d) a source of ionizing radiation that is an exempt or generally licensed material or device, as defined and described in rules adopted under 50-79-202 and implementing 50-79-104 and 50-79-202 ;

(e) the radiological properties of any source, byproduct, or special nuclear material as defined in sections 11(z), 11(aa), and 11(e)(1) of the federal Atomic Energy Act of 1954; or

(f) sealed containers of hazardous chemicals:

(i) during transportation or while in storage at transportation terminals, so long as existing labels are not removed or defaced and the employer complies with state and federal regulations relating to the transportation of hazardous chemicals; or

(ii) at a facility of a distributor, as long as existing labels are not removed or defaced and the employer distributes material safety data sheets as required under 50-78-203 (1).

(2) Employers operating the following workplaces are in compliance with this chapter if they retain and make accessible to employees and, when applicable, to students, all material safety data sheets received or, if no material safety data sheet is received for a hazardous chemical, any other information received on its hazards and safe handling and if the provisions of 50-78-206 , 50-78-301 (2) through (4), and 50-78-305 are met:

(a) a teaching, research, or testing laboratory, including any associated storeroom;

(b) a clinical laboratory or health care facility as defined in 50-5-101 ;

(c) a pharmacy as defined in 37-7-101 ;

(d) a public health center as defined in 7-34-2102 ; or

(e) an office of a physician, dentist, osteopath, podiatrist, optometrist, or veterinarian licensed under Title 37.

(3) The provisions of this chapter do not apply to any hazardous chemical subject to the packaging and labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136, et seq., except that a chemical manufacturer producing the hazardous chemicals must comply with all provisions of this chapter.
Mont. Code Ann. § 50-16-1009 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1009
50-16-1009 Confidentiality of records -- notification of contacts -- penalty for unlawful disclosure
Status: in_force

50-16-1009 . Confidentiality of records -- notification of contacts -- penalty for unlawful disclosure. (1) A person may not disclose or be compelled to disclose the identity of a subject of an HIV diagnostic test or the results of a test in a manner that permits identification of the subject of the test, except to the extent allowed under the Uniform Health Care Information Act, Title 50, chapter 16, part 5, the Government Health Care Information Act, Title 50, chapter 16, part 6, or applicable federal law.

(2) If a health care provider informs the subject of an HIV diagnostic test that the results are positive, the provider shall encourage the subject to notify persons who are potential contacts. If the subject is unable or unwilling to notify all contacts, the health care provider may ask the subject to disclose voluntarily the identities of the contacts and to authorize notification of those contacts by a health care provider. A notification may state only that the contact may have been exposed to HIV and may not include the time or place of possible exposure or the identity of the subject of the test.

(3) A person who discloses or compels another to disclose confidential health care information in violation of this section is guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for 1 year, or both.
Mont. Code Ann. § 50-30-218 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-218
50-30-218 When labeling requirement complied with
Status: in_force

50-30-218 . When labeling requirement complied with. A requirement made by or under authority of this chapter that a word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears:

(1) on the outside container or wrapper, if any, unless it is easily legible through the outside container or wrapper; and

(2) on all accompanying literature where there are directions for use, written or otherwise.
Mont. Code Ann. § 50-72-204 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-204
50-72-204 Debarment of persons from mine when death or serious injury likely
Status: in_force

50-72-204 . Debarment of persons from mine when death or serious injury likely. If, upon any inspection of a mine that is subject to this chapter, authorized representatives of the department find that the conditions or practices in the mine are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before the threat of the danger can be eliminated, the representatives shall determine the extent of the area of the mine throughout which the danger exists. Upon that determination, the representatives of the department shall issue an order requiring the operator of the mine to cause all persons to be withdrawn from and to be barred from entering the area, except the following persons whose presence in the area is necessary to eliminate the danger described in the order:

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

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

(3) any legal or technical consultant or any 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 described in the order.
Mont. Code Ann. § 50-6-326 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-326
50-6-326 Injunction to require compliance
Status: in_force

50-6-326 . Injunction to require compliance. (1) The department may seek an injunction from an appropriate district court to require compliance with this part or to require compliance with a rule of the department or an order issued by the department. The court to which the department applies for an injunction may issue a temporary restraining order if there is reasonable cause to believe that the allegations of the department are true.

(2) An action for injunctive relief initiated by the department pursuant to subsection (1) may be commenced in the district court of the county in which the defendant is located, resides, or is doing business. If the defendant cannot be located in Montana, the action may be commenced in the county where the violation is alleged to occur or have occurred, and the court has jurisdiction to restrain the violation and require compliance.
Mont. Code Ann. § 50-50-208 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-208
50-50-208 Local board to report number of licensees to department
Status: in_force

50-50-208 . Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the licensed retail food establishments, excluding temporary food establishments, in each jurisdiction. The local board of health also shall submit to the department a list of cottage food operations that have registered as provided in 50-50-117 .
Mont. Code Ann. § 50-31-308 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-308
50-31-308 Prescription drugs exempt from certain provisions of chapter
Status: in_force

50-31-308 . Prescription drugs exempt from certain provisions of chapter. (1) Any drug dispensed by filling or refilling a written, electronic, or oral prescription of a practitioner licensed by law to administer or prescribe the drug is exempt from the requirements of 50-31-306 , except subsections (1)(a), (1)(j), (1)(k), (1)(m), (1)(n), and the packaging requirements of subsections (1)(g) and (1)(h), if the drug bears a label containing:

(a) the name and address of the dispenser;

(b) the serial number and date of the prescription or the date it was filled;

(c) the name of the prescriber; and

(d) if stated in the prescription, the name of the patient and the directions for use and cautionary statements, if any, contained in the prescription.

(2) This exemption does not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail or to a drug dispensed in violation of 50-31-307 .
Mont. Code Ann. § 50-60-301 — MT Code / Title 50 / Chapter 60 / Part 3 / Section 50-60-301
50-60-301 County, city, and town building codes authorized -- health care facility and public health center doors -- fee adjustment for model plans
Status: in_force

50-60-301 . County, city, and town building codes authorized -- health care facility and public health center doors -- fee adjustment for model plans. (1) The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate:

(a) adopting a building code; or

(b) authorizing the adoption of a building code by administrative action.

(2) (a) Except as provided in subsection (2)(b), a county, city, or town may not adopt or enforce a building code that is more stringent than the building code adopted by the department or as required by state law.

(b) A county, city, or town may, as part of its building code or by town ordinance or resolution, adopt voluntary energy conservation standards for new construction for the purpose of providing incentives to encourage voluntary energy conservation. The incentive-based energy conservation standards adopted may exceed any applicable energy conservation standards contained in the state building code. New construction is not required to meet local standards that exceed state energy conservation standards unless the building contractor elects to receive a local incentive.

(3) Any provision of a building code requiring the installation or maintenance of self-closing or automatic closing corridor doors to patient rooms does not apply to health care facilities, as defined in 50-5-101 , or to a public health center, as defined in 7-34-2102 .

(4) (a) When the same single-family dwelling plan is constructed at more than one site, the county, city, or town shall, after the first examination of the plan, adjust the required plan fee to reflect only the cost of reviewing requirements pertaining to the review of:

(i) zoning;

(ii) footings, foundations, and basements;

(iii) curbs;

(iv) gutters;

(v) landscaping;

(vi) utility connections;

(vii) street requirements;

(viii) sidewalks; and

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

(b) If a building contractor alters the single-family dwelling plan referred to in subsection (4)(a) in a fashion that substantially affects the building code requirements, the county, city, or town may impose the full examination fee permitted under 50-60-106 .
Mont. Code Ann. § 50-32-311 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-311
50-32-311 Revocation or suspension of registration
Status: in_force

50-32-311 . Revocation or suspension of registration. (1) A registration under 50-32-301 to manufacture, distribute, or dispense a dangerous drug may be suspended or revoked by the board upon a finding that the registrant has:

(a) furnished false or fraudulent material information in any application filed under this chapter;

(b) been convicted of a felony under any state or federal law relating to any dangerous drug or controlled substance; or

(c) had the registrant's federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances.

(2) The board may limit revocation or suspension of a registration to the particular dangerous drug with respect to which grounds for revocation or suspension exist.

(3) If the board suspends or revokes a registration, all dangerous drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. A disposition may not be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs may be forfeited to the state.

(4) The board shall promptly cause the bureau to be notified of all orders suspending or revoking registration and all forfeitures of dangerous drugs.
Mont. Code Ann. § 50-1-103 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-103
50-1-103 Enforcement of public health laws
Status: in_force

50-1-103 . Enforcement of public health laws. (1) Either the county attorney of a county where a cause of action arises or the department may bring an action necessary to abate, restrain, or prosecute the violation of public health laws.

(2) Except as otherwise provided in the public health laws administered by the department, the department may, through the attorney general or appropriate county attorney, sue in district court to enjoin any violation of the public health laws, rules, or orders adopted or issued under the public health laws administered by the department.
Mont. Code Ann. § 50-42-107 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-107
50-42-107 DMSO optional
Status: in_force

50-42-107 . DMSO optional. This part does not require:

(1) a physician, pharmacist, pharmacy, manufacturer, or distributor to manufacture, sell, or distribute DMSO; or

(2) a physician to prescribe DMSO for any patient.
Mont. Code Ann. § 50-16-1016 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1016
50-16-1016 Labor and delivery HIV screening
Status: in_force

50-16-1016 . Labor and delivery HIV screening. Physicians and other health care providers licensed to provide prenatal care to pregnant women shall, if medically indicated:

(1) offer a rapid HIV diagnostic test to pregnant women in labor with unknown or undocumented HIV status;

(2) offer antiretroviral prophylaxis without waiting for the results of the confirmatory test if a rapid HIV diagnostic test or a standard HIV diagnostic test is positive.
Mont. Code Ann. § 50-20-304 — MT Code / Title 50 / Chapter 20 / Part 3 / Section 50-20-304
50-20-304 Publication of materials
Status: in_force

50-20-304 . Publication of materials. (1) The department shall publish and annually update easily comprehensible printed, unbiased materials that are geographically indexed and designed to inform women of public and private agencies and services available to assist a woman through pregnancy, during childbirth, and while a woman's child is dependent. The materials must:

(a) include adoption agencies;

(b) include a comprehensive list of the agencies, a description of the services offered, and the telephone numbers and addresses of the agencies;

(c) inform a woman about medical assistance benefits for prenatal care, childbirth, neonatal care, and child support obligations of a father of a child.

(2) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service. The materials must include a toll-free, 24-hour telephone number that may be called to orally obtain a list and description of agencies in the locality of the caller and of the services offered by the agencies.

(3) The materials must state that:

(a) it is unlawful for any individual to coerce a woman to undergo or not to undergo an abortion;

(b) a physician who performs an abortion on a woman without the woman's informed consent may be liable to the woman for damages in a civil action; and

(c) the law allows adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care.

(4) The materials must inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at 2-week gestational increments from fertilization to full term, including pictures or drawings representing the development of unborn children at 2-week gestational increments. The pictures or drawings must contain the dimensions of the unborn child and must be realistic. The materials must include any relevant information on the possibility of the unborn child's survival at each stage depicted. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The materials must contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion, the possible detrimental psychological effects of adoption, and the medical risks associated with carrying a child to term.

(5) The materials must be printed in a clearly legible typeface.

(6) The materials required to be produced under this section must be provided at no cost upon request and must be provided in appropriate quantities to any person, facility, or hospital.
Mont. Code Ann. § 50-72-209 — MT Code / Title 50 / Chapter 72 / Part 2 / Section 50-72-209
50-72-209 Right to hearing
Status: in_force

50-72-209 . Right to hearing. (1) An operator notified of an order made pursuant to 50-72-204 may apply to the department for a hearing, revision, or annulment of such order. Whenever the department after such a hearing, upon complaint or upon its own motion, finds that danger throughout the area of such mine as set out in such order existed at the time of making the inspection, it shall make an order denying a revision or annulment; but if it finds that such danger did not exist throughout the area of such mine, it shall make an order consistent with its findings revising or annulling the order under review.

(2) An operator notified of an order made pursuant to 50-72-205 may apply to the department for a hearing or revision of such order. If the department finds that there was no violation, it shall make an order annulling the order under review. If the department finds that there was such a violation, but such violation has since been abated, it shall make an order annulling the order under review. If the department finds that such violation was not totally abated, it shall make an order consistent with its findings.
Mont. Code Ann. § 50-30-213 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-213
50-30-213 Mechanical hazards
Status: in_force

50-30-213 . Mechanical hazards. An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness:

(1) from fracture, fragmentation, or disassembly of the article;

(2) from propulsion of the article (or a part or accessory thereof);

(3) from points or other protrusions, surfaces, edges, openings, or closures;

(4) from moving parts;

(5) from lack or insufficiency of controls to reduce or stop motion;

(6) as a result of self-adhering characteristics of the article;

(7) because the article (or a part or accessory thereof) may be aspirated or ingested;

(8) because of instability; or

(9) because of any other aspect of the article's design or manufacture.
Mont. Code Ann. § 50-30-302 — MT Code / Title 50 / Chapter 30 / Part 3 / Section 50-30-302
50-30-302 Notice and hearing required prior to prosecution
Status: in_force

50-30-302 . Notice and hearing required prior to prosecution. Before a violation of this chapter is reported to a county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.
Mont. Code Ann. § 50-20-801 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-801
50-20-801 Short title
Status: in_force

50-20-801 . Short title. This part may be cited as the "Infant Safety and Care Act".
Mont. Code Ann. § 50-30-107 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-107
50-30-107 Powers and duties of department's agents
Status: in_force

50-30-107 . Powers and duties of department's agents. (1) For enforcement of this chapter, officers or employees duly designated by the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to:

(a) enter at reasonable times a factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after introduction;

(b) enter a vehicle being used to transport or hold hazardous substances in commerce;

(c) inspect at reasonable times, within reasonable limits, and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, and labeling in the factory, warehouse, establishment, or vehicle; and

(d) obtain samples of materials or packages or labeling.

(2) If the officer or employee obtains a sample, prior to leaving the premises the officer or employee shall pay or offer to pay the owner, operator, or agent in charge for the sample and give a receipt describing the samples obtained.
Mont. Code Ann. § 50-1-101 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-101
50-1-101 Definitions
Status: in_force

50-1-101 . Definitions. Unless the context indicates otherwise, in chapter 2 and this chapter, the following definitions apply:

(1) "Communicable disease" means an illness because of a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host. The transmission may occur either directly or indirectly through an intermediate plant or animal host, a transmitting entity, or the inanimate environment.

(2) "Condition of public health importance" means a disease, injury, or other condition that is identifiable on an individual or community level and that can reasonably be expected to lead to adverse health effects in the community.

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

(4) "Inanimate reservoir" means soil, a substance, or a combination of soil and a substance:

(a) in which an infectious agent normally lives and multiplies;

(b) on which an infectious agent depends primarily for survival; and

(c) where an infectious agent reproduces in a manner that allows the infectious agent to be transmitted to a susceptible host.

(5) "Institutional controls" means legal or regulatory mechanisms designed to protect public health and safety that:

(a) limit access to or limit or condition the use of environmentally contaminated property or media;

(b) provide for the protection or preservation of environmental cleanup measures; or

(c) inform the public that property or media is or may be environmentally contaminated.

(6) "Isolation" means the physical separation and confinement of an individual or groups of individuals who are infected with a communicable disease from nonisolated individuals to prevent or limit the transmission of the communicable disease to nonisolated individuals.

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

(8) "Local governing body" or "governing body" means an entity whose voting members are all elected officials and that operates as or oversees a local board of health. A local governing body may include:

(a) the local board of health if all voting members of the local board of health are elected officials;

(b) the board of county commissioners that oversees a county local board of health;

(c) the elected governing body of a city that oversees a city local board of health; or

(d) the entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of health or a local district board of health.

(9) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board of health. With regard to the exercise of the duties and authorities of a local health officer, the term may include an authorized representative of the local health officer.

(10) "Local public health agency" means an organization operated by a local government in the state, including local boards of health or local health officers, that principally acts to protect or preserve the public health.

(11) "Physician" has the meaning provided in 37-3-102 .

(12) "Public health services and functions" means those services and functions necessary to promote the conditions in which the population can be healthy and safe, including:

(a) population-based or individual efforts primarily aimed at the prevention of injury, disease, or premature mortality; or

(b) the promotion of health in the community, such as assessing the health needs and status of the community through public health surveillance and epidemiological research, developing public health policy, and responding to public health needs and emergencies.

(13) "Public health system" means state and local public health agencies and their public and private sector partners.

(14) "Quarantine" means the physical separation and confinement of an individual or groups of individuals who have been exposed to a communicable disease and who do not show signs or symptoms of a communicable disease from nonquarantined individuals to prevent or limit the transmission of the communicable disease to nonquarantined individuals.

(15) "Screening" means diagnostic or investigative analysis or medical procedures that determine the presence or absence of or exposure to a condition of public health importance or the condition's precursor in an individual.

(16) "Testing" has the same meaning as screening.
Mont. Code Ann. § 50-73-105 — MT Code / Title 50 / Chapter 73 / Part 1 / Section 50-73-105
50-73-105 Violations a misdemeanor
Status: in_force

50-73-105 . Violations a misdemeanor. (1) A person who knowingly:

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

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

(c) refuses to admit an authorized representative of the department to a mine;

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

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

(2) In an instance in which the offense is committed by a corporation, an officer or authorized representative of the corporation who knowingly permits the offense to be committed is subject to the same fine or imprisonment, or both.
Mont. Code Ann. § 50-73-416 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-416
50-73-416 Order subject to review
Status: in_force

50-73-416 . Order subject to review. The order of the department shall remain in effect but shall immediately be subject to review as provided in this chapter.
Mont. Code Ann. § 50-30-207 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-207
50-30-207 Irritant defined
Status: in_force

50-30-207 . Irritant defined. "Irritant" means a substance not corrosive within the meaning of 50-30-206 which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.
Mont. Code Ann. § 50-20-606 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-606
50-20-606 Protection of privacy in court proceedings
Status: in_force

50-20-606 . Protection of privacy in court proceedings. In a civil or criminal proceeding brought under 50-20-604 or 50-20-605 , the court shall determine whether the anonymity of the woman on whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not consent to the disclosure. The court, on motion or sua sponte, shall make a determination and, on determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman on whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under 50-20-605 (1) or (2) shall do so under a pseudonym. This section may not be construed to conceal from the defendant or from attorneys for the defendant the identity of the plaintiff or of witnesses.
Mont. Code Ann. § 50-76-110 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-110
50-76-110 Crane inspector -- qualifications -- inspections
Status: in_force

50-76-110 . Crane inspector -- qualifications -- inspections. (1) The department shall employ at least one crane inspector. A crane inspector must have a minimum of 3 years of experience as a licensed third-class crane and hoist engineer.

(2) The department may adopt by rule applicable operating and safety standards established by the American national standards institute.

(3) A crane inspector may require that a crane, hoist, or other equipment subject to this chapter that is not being operated in compliance with an operating or safety standard adopted by rule pursuant to subsection (2) be declared to be out of service and that the crane, hoist, or other equipment not be operated until the noncompliance is cured.
Mont. Code Ann. § 50-5-208 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-208
50-5-208 Hearing required
Status: in_force

50-5-208 . Hearing required. (1) A license may not be denied, suspended, or revoked without notice and an opportunity for a hearing before the department.

(2) Notice must be given the applicant or licensee of a date, not less than 15 days after mailing or service, for a hearing before the department.

(3) The decision of the department is final 30 days after it is mailed or served unless the applicant or licensee commences an action in the district court to appeal the decision. An appeal must be in the district court where the facility is located or will be located.
Mont. Code Ann. § 50-16-101 — MT Code / Title 50 / Chapter 16 / Part 1 / Section 50-16-101
50-16-101 Public officials and corporations to furnish information on request
Status: in_force

50-16-101 . Public officials and corporations to furnish information on request. On request, employees and officers of firms and corporations and public officials shall furnish public health information to the department of public health and human services.
Mont. Code Ann. § 50-32-302 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-302
50-32-302 Exceptions to registration requirement
Status: in_force

50-32-302 . Exceptions to registration requirement. The following persons need not register and may lawfully possess dangerous drugs under this chapter:

(1) an agent or employee of any registered manufacturer, distributor, or dispenser of any dangerous drug if the agent or employee is acting in the usual course of business or employment;

(2) a common or contract carrier or warehouse operator or an employee of the carrier or warehouse operator, whose possession of any dangerous drug is in the usual course of business or employment;

(3) an ultimate user or a person in possession of any dangerous drug pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V drug;

(4) officers and employees of the state, or a political subdivision of the state while acting in the course of their official duties.
Mont. Code Ann. § 50-60-515 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-515
50-60-515 Penalty for violations -- exceptions
Status: in_force

50-60-515 . Penalty for violations -- exceptions. A person who works in the field of plumbing or maintains or conducts a plumbing business or an individual who connects or disconnects plumbing from a public water or sewer system in violation of any provisions of this part or at a time when the person is not exempt from the provisions of this part pursuant to the provisions of a duly enacted and subsisting ordinance of a city or town is guilty of a misdemeanor and, upon conviction in any court of competent jurisdiction, shall be punished by a fine of not less than $10 and not more than $100 for each separate offense. However, this part may not be construed to apply to or affect plumbing or pipefitting as indicated in the exceptions under 37-69-102 and 50-60-503 .
Mont. Code Ann. § 50-79-502 — MT Code / Title 50 / Chapter 79 / Part 5 / Section 50-79-502
50-79-502 Administration of compact -- fees
Status: in_force

50-79-502 . Administration of compact -- fees. (1) The department of public health and human services, as the state radiation control agency, shall administer the provisions of the compact.

(2) The department may assess and collect fees for services rendered in inspecting and regulating low-level radioactive waste generators, transporters, and disposal facilities. The fees must cover the department's costs for those services and must be deposited in the state special revenue fund for use by the department. State and local government agencies, including the university system, are exempt from the payment of fees.

(3) The department may adopt rules under the authority contained in 50-79-201 (3)(b) to implement the provisions of this compact.
Mont. Code Ann. § 50-9-111 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-111
50-9-111 Recognition of declarations executed in other states
Status: in_force

50-9-111 . Recognition of declarations executed in other states. A declaration executed in a manner substantially similar to 50-9-103 in another state and in compliance with the law of that state is effective for purposes of this chapter.
Mont. Code Ann. § 50-30-209 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-209
50-30-209 Extremely flammable, flammable, and combustible defined
Status: in_force

50-30-209 . Extremely flammable, flammable, and combustible defined. (1) "Extremely flammable" applies to a substance which has a flash point at or below 20 degrees F, as determined by the Tagliabue open cup tester.

(2) "Flammable" applies to a substance which has a flash point above 20 degrees to and including 80 degrees F, as determined by the Tagliabue open cup tester.

(3) "Combustible" applies to a substance which has a flash point above 80 degrees to and including 150 degrees F, as determined by the Tagliabue open cup tester.

(4) The flammability or combustibility of solids and the contents of self-pressurized containers shall be determined by methods found by the department to be generally applicable to the materials or containers, respectively, and established by rules issued by the department, which rules shall also define the terms "flammable", "combustible", and "extremely flammable" in accord with the methods used.
Mont. Code Ann. § 50-71-123 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-123
50-71-123 Retaliation prohibited
Status: in_force

50-71-123 . Retaliation prohibited. A public sector employer may not retaliate against a public sector employee who:

(1) contacts the department with a complaint of a violation of a standard in the workplace;

(2) cooperates with the department in the performance of an inspection or an investigation; or

(3) testifies or cooperates with the department in any case arising out of:

(a) an inspection;

(b) an investigation;

(c) a citation;

(d) a temporary stop-work order; or

(e) a civil action seeking injunctive relief.
Mont. Code Ann. § 50-50-214 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-214
50-50-214 Notification of and validation by local health officer
Status: in_force

50-50-214 . Notification of and validation by local health officer. (1) (a) A retail food establishment license issued by the department under this chapter is not valid until signed by the local health officer in the county where the retail food establishment is located or until the license is otherwise validated by the local health officer and is in accordance with rules established by the board of review established in 30-16-302 .

(b) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a retail food establishment license, make a final decision on whether the retail food establishment license will be validated.

(c) Failure of the local health officer to validate the retail food establishment license within 15 days after its receipt is a refusal.

(2) A temporary food establishment permit issued by the local regulatory authority under this chapter must be signed and validated by the local health officer in the county where the temporary food establishment is to operate. If a local board of review exists, the local health officer may validate the permit in accordance with regulations established by the local board of review.
Mont. Code Ann. § 50-15-105 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-105
50-15-105 Appointment of deputies authorized
Status: in_force

50-15-105 . Appointment of deputies authorized. With approval of the department, local registrars may appoint deputies.
Mont. Code Ann. § 50-77-105 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-105
50-77-105 Temporary toilets
Status: in_force

50-77-105 . Temporary toilets. Wherever such building or buildings over three stories high, other than a residence, are being erected in any city or town, temporary toilets in or convenient to such building shall be maintained for the convenience of the employees.
Mont. Code Ann. § 50-19-303 — MT Code / Title 50 / Chapter 19 / Part 3 / Section 50-19-303
50-19-303 Definitions
Status: in_force

50-19-303 . Definitions. For purposes of this part, the following definitions apply:

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

(2) "Low income" means, with respect to an individual or family, income that does not exceed the official federal poverty threshold as defined by the federal office of management and budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981.

(3) "Project" means the MIAMI project established in 50-19-311 .

(4) "Service provider" means a person, agency, or organization that has a contract to provide services under the MIAMI project.
Mont. Code Ann. § 50-16-604 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-604
50-16-604 Secondary release of health care information
Status: in_force

50-16-604 . Secondary release of health care information. Information released pursuant to 50-16-603 may not be released by the person or entity it is released to unless the release conforms to the requirements of 50-16-603 .
Mont. Code Ann. § 50-71-201 — MT Code / Title 50 / Chapter 71 / Part 2 / Section 50-71-201
50-71-201 Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices
Status: in_force

50-71-201 . Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices. Each employer shall:

(1) furnish a place of employment that is safe for each of the employer's employees;

(2) with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety items, including but not limited to air masks, hardhats, and protective gloves, that may be required by state or federal law, the employer, or the terms of an employment contract unless the terms of a collective bargaining agreement provide otherwise;

(3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and

(4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
Mont. Code Ann. § 50-20-101 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-101
50-20-101 Short title
Status: in_force

50-20-101 . Short title. This part may be cited as the "Montana Abortion Control Act".
Mont. Code Ann. § 50-31-202 — MT Code / Title 50 / Chapter 31 / Part 2 / Section 50-31-202
50-31-202 When food adulterated
Status: in_force

50-31-202 . When food adulterated. A food is considered to be adulterated if:

(1) it bears or contains any poisonous or deleterious substance that may render it injurious to health. If the poisonous or deleterious substance is not an added substance, the food may not be considered adulterated under this subsection if the quantity of the substance in that food does not ordinarily render it injurious to health.

(2) it bears or contains any added poisonous or added deleterious substance, other than one that is:

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

(b) a food additive; or

(c) a color additive that is unsafe within the meaning of 50-31-109 ;

(3) it is a raw agricultural commodity and it bears or contains a pesticide chemical that is unsafe within the meaning of section 408(a) of the federal act (21 U.S.C. 346a(a)), as amended;

(4) it is or it bears or contains any food additive that is unsafe within the meaning of section 409 of the federal act (21 U.S.C. 348) as amended. However, if a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 408 of the federal act (21 U.S.C. 346) and the raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed food may, notwithstanding the provisions of 50-31-108 , 50-31-109 , and subsection (4) of this section, not be determined unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity.

(5) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food;

(6) it has been produced, prepared, packed, or held under unsanitary conditions under which it may have become contaminated with filth or under which it may have been rendered diseased, unwholesome, or injurious to health;

(7) it is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse;

(8) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;

(9) any valuable constituent has been in whole or in part omitted or abstracted from the food;

(10) any substance has been substituted wholly or in part for the food;

(11) damage or inferiority has been concealed in any manner;

(12) any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;

(13) it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 0.4%, harmless natural wax not in excess of 0.4%, or harmless natural gum and pectin. However, this paragraph does not apply to any confectionery by reason of its containing less than 0.5% by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

(14) it is or bears or contains any color additive that is unsafe within the meaning of the federal act.
Mont. Code Ann. § 50-57-201 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-201
50-57-201 License required
Status: in_force

50-57-201 . License required. (1) A person operating an establishment shall procure an annual license from the department.

(2) Except as provided in subsection (3), a separate license is required for each establishment, but if more than one type of establishment is operated on the same premises and under the same management, only one license is required.

(3) A person operating an establishment and a retail food establishment is required to obtain a separate license for the establishment under this chapter and for the retail food establishment under Title 50, chapter 50.
Mont. Code Ann. § 50-16-805 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-805
50-16-805 Disclosure of information allowed for certain purposes
Status: in_force

50-16-805 . Disclosure of information allowed for certain purposes. (1) To the extent provided in 39-71-604 and 50-16-527 , a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116 , by the health care provider.

(2) A health care provider may disclose health care information about an individual for law enforcement purposes if the disclosure is to:

(a) federal, state, or local law enforcement authorities to the extent required by law; or

(b) a law enforcement officer about the general physical condition of a patient being treated in a health care facility if the patient was injured by the possible criminal act of another.

(3) A health care provider may disclose health care information to a fetal, infant, child, and maternal mortality review team for the purposes of 50-19-402 .

(4) A health care employer, as defined in 39-2-221 , may disclose information contained in written reports pursuant to 39-2-221 to the department of justice for data collection and reporting purposes.
Mont. Code Ann. § 50-39-101 — MT Code / Title 50 / Chapter 39 / Part 1 / Section 50-39-101
50-39-101 License and endorsements required
Status: in_force

50-39-101 . License and endorsements required. (1) A person or entity shall obtain a license from the department of labor and industry before engaging in the business of servicing fire extinguishers or before engaging in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. Each individual, except an apprentice, employed by the licensee to perform services under the license shall obtain from the department an endorsement to sell, service, or install:

(a) fire alarm systems;

(b) special agent fire suppression systems; or

(c) fire extinguishing systems.

(2) The license and endorsement or endorsements must be prominently displayed at the business premises, and copies must be carried by the person conducting each installation or servicing and must be shown to anyone who requests to see them.

(3) It is a misdemeanor to knowingly or purposely service a fire extinguisher or sell, service, or install a fire alarm system, special agent fire suppression system, or fire extinguishing system without the required license and endorsement.

(4) This chapter may not be construed to prohibit a licensed electrician, practicing within the scope of practice of electricians, as provided in Title 37, chapter 68, from installing components of fire protection equipment if the installation is inspected and approved by an individual endorsed to sell, service, or install fire protection equipment.
Mont. Code Ann. § 50-74-303 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-303
50-74-303 Engineer's license classifications
Status: in_force

50-74-303 . Engineer's license classifications. (1) Engineers entrusted with the operation, care, and management of steam or water boilers and steam machinery, as specified in 50-74-302 , are divided into six classes, including first-class engineers, second-class engineers, third-class engineers, agricultural-class engineers, low-pressure engineers, and limited low-pressure engineers.

(2) Licenses for the operation of steam or water boilers and steam machinery are divided into six classifications in accordance with the following schedule:

(a) First-class engineers are licensed to operate all classes, pressures, and temperatures of steam and water boilers and steam-driven machinery with the exception of traction and hoisting engines.

(b) Second-class engineers are licensed to operate steam boilers operating not in excess of 250 pounds per square inch gauge saturated steam pressure, water boilers operating not in excess of 375 pounds per square inch gauge pressure and 450 degrees F temperature, and steam-driven machinery not to exceed 100 horsepower per unit, with the exception of traction and hoisting engines.

(c) Third-class engineers are licensed to operate steam boilers operating not in excess of 150 pounds per square inch gauge saturated steam pressure or not in excess of 150 horsepower per hour and water boilers operating not in excess of 160 pounds per square inch gauge pressure and 350 degrees F temperature.

(d) Agricultural-class engineers are licensed to operate steam boilers that operate not in excess of 150 pounds per square inch saturated steam pressure and that:

(i) are not operated for more than 6 months of the year; and

(ii) are not operated for purposes other than the harvesting or processing of agricultural products.

(e) Low-pressure engineers are licensed to operate steam boilers operating not in excess of 15 pounds per square inch gauge pressure and water boilers operating not in excess of 50 pounds per square inch gauge pressure and 250 degrees F temperature.

(f) Limited low-pressure engineers are licensed to operate hot water heating boilers not in excess of 30 pounds per square inch gauge pressure and 210 degrees F temperature and hot water supply boilers not in excess of 160 pounds per square inch gauge pressure and 210 degrees F temperature.
Mont. Code Ann. § 50-52-210 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-210
50-52-210 Special revenue account
Status: in_force

50-52-210 . Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.
Mont. Code Ann. § 50-50-303 — MT Code / Title 50 / Chapter 50 / Part 3 / Section 50-50-303
50-50-303 Licensee or registrant to furnish food samples
Status: in_force

50-50-303 . Licensee or registrant to furnish food samples. A licensee or a registrant under Title 50, chapter 50, part 2, shall furnish food samples for analysis as required by rules adopted by the department.
Mont. Code Ann. § 50-60-504 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-504
50-60-504 Department to prescribe minimum standards
Status: in_force

50-60-504 . Department to prescribe minimum standards. The department of labor and industry shall by rule prescribe minimum standards that are uniform for all plumbing installations or maintenance, except those that are exempt under 50-60-503 .
Mont. Code Ann. § 50-51-204 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-204
50-51-204 License fee -- late fee
Status: in_force

50-51-204 . License fee -- late fee. (1) (a) The department shall collect fees for each license required under 50-51-201 or for each annual license renewal as provided in subsection (1)(b). The department shall deposit 85% of the fees collected under this section into the local board inspection fund account created in 50-2-108 , 11.25% of the fees into the general fund, and 3.75% of the fees into the account provided for in 50-51-110 .

(b) Initial and renewal license fees are:

(i) $100 annually for an establishment with no more than 10 rooms available for rental;

(ii) $175 annually for an establishment with more than 10 but not more than 25 rooms available for rental; and

(iii) $250 annually for an establishment with more than 25 rooms available for rental.

(2) (a) In addition to the license renewal fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year.

(b) The late fee must be deposited in the account provided for in 50-51-110 .
Mont. Code Ann. § 50-79-204 — MT Code / Title 50 / Chapter 79 / Part 2 / Section 50-79-204
50-79-204 Records
Status: in_force

50-79-204 . Records. (1) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require, subject to such exemptions as may be provided by rules.

(2) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted to the department on request.

(3) The department shall adopt reasonable regulations, compatible with those of the United States nuclear regulatory commission or the national committee on radiation protection, pertaining to reports of exposure of personnel to radiation. The regulations shall require that reports of excessive exposure be made to the individual exposed and to the department and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required.
Mont. Code Ann. § 50-76-114 — MT Code / Title 50 / Chapter 76 / Part 1 / Section 50-76-114
50-76-114 Failure of licensee to have possession of license or proof of license while operating equipment
Status: in_force

50-76-114 . Failure of licensee to have possession of license or proof of license while operating equipment. (1) A person may not operate any equipment covered by licensure under this chapter unless the person has possession of the license or proof of licensure at the time the person is operating the equipment.

(2) The department shall issue a citation to any person violating the provisions of subsection (1). The department may direct an employee of the department to conduct onsite inspections to determine compliance with subsection (1) and to issue citations for violations of subsection (1).

(3) The citation must include:

(a) the time and date on which the citation is issued;

(b) the name, address, and mailing address of the person receiving the citation;

(c) information explaining the procedure for paying the fine or for providing the department with proof of licensure;

(d) a statement that the amount of the fine is $100 and that the person receiving the citation has 30 days from the date of the citation to pay the fine or to submit proof of licensure to the department; and

(e) a statement that failure to pay the fine or to provide proof of licensure may result in revocation of the license of the person receiving the citation.

(4) The department shall waive the fine for any person who provides proof of licensure within the 30-day period provided in subsection (3)(d).
Mont. Code Ann. § 50-60-104 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-104
50-60-104 Inspection fees
Status: in_force

50-60-104 . Inspection fees. The department shall establish a schedule of fees and may collect fees for the inspection of plans and specifications and for the inspection of buildings, factory-built buildings, or any other facility or structure. The fees must be commensurate with the cost of the inspections and with appropriations for other purposes.
Mont. Code Ann. § 50-57-302 — MT Code / Title 50 / Chapter 57 / Part 3 / Section 50-57-302
50-57-302 Health officers and sanitarians to have free access
Status: in_force

50-57-302 . Health officers and sanitarians to have free access. 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. § 50-79-407 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-407
50-79-407 Civil penalties -- deposit in general fund -- injunctions not barred
Status: in_force

50-79-407 . Civil penalties -- deposit in general fund -- injunctions not barred. (1) A person who violates this chapter or a rule or order issued under this chapter is subject to a civil penalty not to exceed $5,000 for each violation. For purposes of this section, each day of a violation is a separate violation.

(2) The department shall initiate civil proceedings in district court to recover a penalty under subsection (1).

(3) Civil penalties collected under this section must be deposited in the general fund.

(4) An action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.
Mont. Code Ann. § 50-42-106 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-106
50-42-106 DMSO not endorsed
Status: in_force

50-42-106 . DMSO not endorsed. This part is not an endorsement of DMSO for the treatment of any malignancy, disease, illness, or physical condition.
Mont. Code Ann. § 50-18-104 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-104
50-18-104 Serological test for syphilis
Status: in_force

50-18-104 . Serological test for syphilis. (1) The department of public health and human services shall approve a standard serological test for syphilis. It shall also approve laboratories that may make the tests.

(2) On request, the department shall make laboratory tests required by this chapter.
Mont. Code Ann. § 50-51-208 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-208
50-51-208 Local board to report number of licensees to department
Status: in_force

50-51-208 . Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction that are licensed pursuant to this part.
Mont. Code Ann. § 50-31-509 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-509
50-31-509 Detainer of adulterated or misbranded articles
Status: in_force

50-31-509 . Detainer of adulterated or misbranded articles. (1) If an agent of the department finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected of being adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for a person to remove or dispose of a detained or embargoed article by sale or otherwise without permission. The owner of an embargoed article or another authorized person and the department may enter into a disposal agreement providing for the disposal, reconditioning, or other disposition of the embargoed article. If an agreement is executed or if the embargo is otherwise removed by the department or the court, neither the department nor the state may be held liable for damages caused by the embargo provided that probable cause existed for its imposition.

(2) If an article detained or embargoed under subsection (1) is found by the agent to be adulterated or misbranded and a disposal agreement is not executed as provided in subsection (1), the agent shall petition the justice of the peace, city judge, or district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of the article. If the agent finds that an article detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking.

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

(4) If the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after the costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be labeled or processed, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the department. The expense of the supervision must be paid by claimant. The article must be returned to the claimant on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of the supervision have been paid.
Mont. Code Ann. § 50-31-304 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-304
50-31-304 Certain drugs and devices exempt from labeling requirements of chapter
Status: in_force

50-31-304 . Certain drugs and devices exempt from labeling requirements of chapter. Drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this chapter, provided that such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with regulations issued by the department or under the federal act.
Mont. Code Ann. § 50-48-205 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-205
50-48-205 Notice and hearing required for license denial or cancellation
Status: in_force

50-48-205 . Notice and hearing required for license denial or cancellation. (1) A license may not be denied or canceled by the regulatory authority without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the regulatory authority to show cause, if any, why the license should not be denied or canceled.

(2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.

(3) The hearing conducted by the department must be held in accordance with the contested case procedures of the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-52-108 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-108
50-52-108 Costs and expenses -- recovery by department or county
Status: in_force

50-52-108 . Costs and expenses -- recovery by department or county. In a civil action initiated by the department or county under this chapter, the court may, by petition of the department or county, order an establishment that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter.
Mont. Code Ann. § 50-18-107 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-107
50-18-107 Powers and duties of health officers
Status: in_force

50-18-107 . Powers and duties of health officers. (1) If found necessary or desirable to protect public health, state and local health officers or their authorized deputies or agents shall:

(a) examine or have examined persons reasonably suspected of being infected with a sexually transmitted disease;

(b) require persons infected to report for treatment to a reputable physician and continue treatment, which may be at public expense, until cured;

(c) isolate or quarantine persons who refuse examination or treatment;

(d) investigate sources of infection of a sexually transmitted disease.

(2) No one but the state or local health officer may terminate the isolation or quarantine. Examinations may be made repeatedly as deemed advisable or desirable.
Mont. Code Ann. § 50-32-233 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-233
50-32-233 Exempt anabolic steroid products
Status: in_force

50-32-233 . Exempt anabolic steroid products. The following anabolic steroid-containing compounds, mixtures, or preparations are exempt from this chapter:

(1) androgyn L.A.;

(2) andro-estro 90-4;

(3) depandrogyn;

(4) DEPO-T.E.;

(5) deptestrogen;

(6) duomone;

(7) duratestrin;

(8) duo-span II;

(9) estratest;

(10) estratest HS;

(11) pan estra test;

(12) premarin with methyltestosterone;

(13) synovex H pellets in process;

(14) synovex H pellets in process granulation;

(15) test-estro cypionates;

(16) testagen;

(17) testosterone cyp 50 estradiol cyp 2;

(18) testosterone, cypionate-estradiol, cypionate injection;

(19) testosterone, enanthate-estradiol, valerate injection; and

(20) tilapia sex reversal feed (investigational).
Mont. Code Ann. § 50-51-106 — MT Code / Title 50 / Chapter 51 / Part 1 / Section 50-51-106
50-51-106 Violation of chapter a misdemeanor
Status: in_force

50-51-106 . Violation of chapter a misdemeanor. Any person violating any provision of this chapter or regulation made hereunder, except 50-51-107 , is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 or more than $100 for the first offense and not less than $75 or more than $200 for the second offense and for the third and subsequent offenses not less than $200 and by imprisonment in the county jail not to exceed 90 days.
Mont. Code Ann. § 50-4-505 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-505
50-4-505 Uniform claim forms and procedures
Status: in_force

50-4-505 . Uniform claim forms and procedures. The commissioner of insurance may adopt by rule uniform health insurance claim forms and uniform standards and procedures for the use of the forms and processing of claims, including the submission of claims by means of an electronic claims processing system.
Mont. Code Ann. § 50-53-201 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-201
50-53-201 License required -- validation
Status: in_force

50-53-201 . License required -- validation. (1) A person may not operate a public swimming pool or public bathing place without annually obtaining a license from the department.

(2) A license is required for each separate public swimming pool or public bathing place. A public swimming pool is separate if:

(a) its water does not commingle with water from any other public swimming pool; or

(b) it is serviced by a separate water filtration system.

(3) A license issued by the department is not valid unless signed in accordance with 50-53-206 , if applicable, or in accordance with 50-53-207 , in the case of an appeal.
Mont. Code Ann. § 50-32-308 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-308
50-32-308 Criteria for registration of practitioners
Status: in_force

50-32-308 . Criteria for registration of practitioners. (1) Practitioners shall be registered to dispense any dangerous drugs or to conduct research with dangerous drugs in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The board need not require separate registration for practitioners engaging in research with nonnarcotic dangerous drugs in Schedules II through V where the registrant is already registered under this chapter in another capacity.

(2) Practitioners registered under federal law to conduct research with Schedule I drugs may conduct research with Schedule I drugs within this state upon furnishing the board evidence of that federal registration.
Mont. Code Ann. § 50-73-405 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-405
50-73-405 Mine owner to furnish means necessary for inspection
Status: in_force

50-73-405 . Mine owner to furnish means necessary for inspection. The owner, lessee, operator, superintendent, or mining boss of the mine is required to furnish the means necessary for the entry, inspection, examination, inquiry, and exit.
Mont. Code Ann. § 50-30-103 — MT Code / Title 50 / Chapter 30 / Part 1 / Section 50-30-103
50-30-103 Department authorized to adopt rules
Status: in_force

50-30-103 . Department authorized to adopt rules. (1) The authority to adopt rules for the efficient enforcement of this chapter is vested in the department.

(2) The department has the authority to adopt by reference without public hearing rules adopted under the Federal Hazardous Substances Act as amended.
Mont. Code Ann. § 50-65-111 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-111
50-65-111 Implementation -- rulemaking authority -- inspection for proper markings
Status: in_force

50-65-111 . Implementation -- rulemaking authority -- inspection for proper markings. (1) The department of justice and the department of revenue may adopt rules, pursuant to Title 2, chapter 4, necessary to effectuate the purposes of this chapter.

(2) The department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Title 16, chapter 11, may inspect cigarettes to determine if the cigarettes are marked as required by 50-65-104 . If the cigarettes are not marked as required, the department of revenue shall notify the department of justice.
Mont. Code Ann. § 50-9-206 — MT Code / Title 50 / Chapter 9 / Part 2 / Section 50-9-206
50-9-206 Penalties
Status: in_force

50-9-206 . Penalties. (1) A health care provider who willfully fails to transfer the care of a patient in accordance with 50-9-203 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(2) A physician or advanced practice registered nurse who willfully fails to record the determination of terminal condition or the terms of a declaration in accordance with 50-9-201 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(3) An individual who purposely conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(4) An individual who falsifies or forges the declaration of another individual or purposely conceals or withholds personal knowledge of a revocation as provided in 50-9-104 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(5) A person who requires or prohibits the execution of a declaration as a condition for being insured for or receiving health care service is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(6) A person who coerces or fraudulently induces an individual to execute a declaration is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.

(7) The penalties provided in this section do not displace any sanction applicable under other law.
Mont. Code Ann. § 50-52-201 — MT Code / Title 50 / Chapter 52 / Part 2 / Section 50-52-201
50-52-201 Application for license
Status: in_force

50-52-201 . Application for license. (1) Application for a license is made to the department on forms containing information required by the department.

(2) The department may not issue a license unless it has been validated by the local health officer or, if there is no local health officer, the sanitarian in the county where the establishment is located.
Mont. Code Ann. § 50-4-806 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-806
50-4-806 Grants -- application process -- obligation of communities
Status: in_force

50-4-806 . Grants -- application process -- obligation of communities. (1) In order to receive funds under 50-4-805 , a community or tribal board shall submit a proposal to the department for:

(a) increasing access to health care services by:

(i) creating new primary care and preventive care services; and

(ii) developing sliding scale charge and billing systems; or

(b) expanding existing services by:

(i) increasing medical, dental, or mental health capacity;

(ii) purchasing equipment; or

(iii) renovating clinic facilities.

(2) A proposal funded under this part must ensure the board's commitment to attract federal funds for primary care services.

(3) Entities receiving a state grant to start up or expand services shall also seek section 330 funds for those services and may not receive state funding after federal funds are acquired.
Mont. Code Ann. § 50-60-501 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-501
50-60-501 Declaration of public interest
Status: in_force

50-60-501 . Declaration of public interest. It is hereby declared that the public health and welfare require that minimum standards for the planning, installing, altering, extending, repairing, and maintaining of plumbing systems be established for the protection of the people of the state.
Mont. Code Ann. § 50-12-104 — MT Code / Title 50 / Chapter 12 / Part 1 / Section 50-12-104
50-12-104 Patient requirements
Status: in_force

50-12-104 . Patient requirements. A patient is eligible for an experimental treatment if the patient has:

(1) evaluated other treatment options currently approved by the United States food and drug administration;

(2) received a recommendation from the patient's treating health care provider for an experimental treatment;

(3) given informed consent for the use of the experimental treatment; and

(4) received documentation from the treating health care provider that the patient meets the requirements of this section.
Mont. Code Ann. § 50-20-1005 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1005
50-20-1005 Professional sanctions -- civil fines -- enforcement
Status: in_force

50-20-1005 . (Subsections (2) and (3) effective on occurrence of contingency) Professional sanctions -- civil fines -- enforcement. (1) A physician or physician assistant who purposely or knowingly violates 50-20-1003 commits unprofessional conduct, and the person's license to practice medicine in Montana must be suspended for a minimum of 1 year pursuant to Title 37.

(2) A physician or physician assistant who purposely or knowingly delivers to the department a report required under 50-20-1004 that is known by the person to contain false information shall be subject to a fine of $2,000 imposed by the department.

(3) A physician or physician assistant who purposely or knowingly fails to file with the department a report required under 50-20-1004 shall be subject to a fine of $1,000 imposed by the department.

(4) The attorney general may enforce the provisions of this part on behalf of the department. The department also has the authority to bring an action.
Mont. Code Ann. § 50-62-104 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-104
50-62-104 Answer of owner or occupant
Status: in_force

50-62-104 . Answer of owner or occupant. (1) The owner of any building condemned or any occupant or lessee upon whom the condemnation notice or order is served, within 20 days from the date of service, may file with the clerk of the district court and serve upon the department of justice or any officer mentioned in 50-62-101 written objections to the order in the form of a verified answer denying the existence of any of the facts cited in the notice or order that the person desires to contest.

(2) If an answer is filed and served, the court shall hear and determine the issues raised and give judgment.
Mont. Code Ann. § 50-6-323 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-323
50-6-323 Powers and duties of department
Status: in_force

50-6-323 . Powers and duties of department. (1) The department has general authority to supervise and regulate emergency medical services in Montana.

(2) Upon referral by the department of labor and industry pursuant to 50-6-105 , the department shall review and may investigate complaints relating to the operation of any emergency medical service.

(3) In investigating a complaint, the department may review:

(a) the type and condition of equipment and procedures used by an emergency medical service to provide care at the scene during prehospital or interfacility transportation or in other out-of-hospital care settings;

(b) the condition of any vehicle or aircraft used as an ambulance;

(c) general performance by an emergency medical service; and

(d) the results of any investigation conducted by the department of labor and industry concerning patient care by an emergency care provider who was, at the time of the complaint, providing care through the emergency medical service that is the subject of a complaint under investigation by the department.

(4) Upon completion of an investigation as provided in subsection (3), the department shall take appropriate action, including sharing information regarding complaints with the department of labor and industry as provided in 50-6-105 and initiating any necessary legal proceedings as authorized under this part.

(5) In order to carry out the provisions of this part, the department shall prescribe and enforce rules for emergency medical services. Rules of the department may include but are not limited to the following:

(a) the classification and identification of specific types and levels of interfacility medical transportation or out-of-hospital treatment services;

(b) procedures for issuing, denying, renewing, and canceling licenses issued under this part;

(c) minimum licensing standards for each type and level of service, including requirements for personnel, offline medical direction, online medical direction, maintenance, equipment, reporting, recordkeeping, sanitation, and minimum insurance coverage as determined appropriate by the department; and

(d) other requirements necessary and appropriate to ensure the quality, safety, and proper operation and administration of emergency medical services.

(6) A rule adopted pursuant to this section must comply with Title 2, chapter 4.
Mont. Code Ann. § 50-5-228 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-228
50-5-228 Limited licensing
Status: in_force

50-5-228 . Limited licensing. The department may grant a license that is provisional upon the correction of noncompliance with provisions of 50-5-225 through 50-5-228 or rules adopted pursuant to 50-5-225 through 50-5-228 . A provisional license may be granted only for a specific period of time and may not be renewed.
Mont. Code Ann. § 50-19-108 — MT Code / Title 50 / Chapter 19 / Part 1 / Section 50-19-108
50-19-108 Unauthorized divulgence of information a misdemeanor
Status: in_force

50-19-108 . Unauthorized divulgence of information a misdemeanor. Certificates, laboratory statements or reports, or any other matters in this part referred to and the information therein contained shall be confidential and may not be divulged to or open to inspection by any person other than the patient or those designated by the patient to receive the information or other than state and local health officers or their duly authorized representatives. A person who divulges this information or opens to inspection the certificates, statements, or reports without authority to any person not by law entitled to them is guilty of a misdemeanor and may be fined not more than $100.
Mont. Code Ann. § 50-32-102 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-102
50-32-102 Uniformity of construction
Status: in_force

50-32-102 . Uniformity of construction. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those other states which enact it.
Mont. Code Ann. § 50-73-410 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-410
50-73-410 Department inspection upon advisement of accident, injury, or fatality
Status: in_force

50-73-410 . Department inspection upon advisement of accident, injury, or fatality. (1) When advised by an operator of any accident in a coal mine involving loss of life or serious personal injury, the department shall, if it considers it necessary from the facts reported and in all cases of loss of life, immediately have an inspector go to the scene of the accident within 48 hours of notification.

(2) The department may also make any original or supplementary investigation that it considers necessary as to the nature and cause of an accident and shall make a record of the circumstances and of the result of the investigations for its files.

(3) The inspection team must include a department coal mine inspector, the employer or the employer's designee, and a representative of the employees.
Mont. Code Ann. § 50-60-204 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-204
50-60-204 Public hearing required -- effective date of certain rules
Status: in_force

50-60-204 . Public hearing required -- effective date of certain rules. (1) Except as provided in subsection (2), a rule, amendment, or repeal of the state building code is a matter of significant public interest for purposes of 2-3-103 and may not take effect until after a public hearing by the department.

(2) If a hearing with adequate public notice pursuant to 2-3-103 has been held by the department of justice with respect to the duties contained in chapter 3 of this title or by the board of plumbers, the department of public health and human services, or the state electrical board on a proposed rule relating to building and equipment standards in their respective fields, a public hearing by the department is not required. The proposed rule is effective upon approval of the department and filing with the secretary of state as a part of the state building code.
Mont. Code Ann. § 50-20-605 — MT Code / Title 50 / Chapter 20 / Part 6 / Section 50-20-605
50-20-605 Civil remedies
Status: in_force

50-20-605 . Civil remedies. (1) A woman on whom an abortion has been performed or attempted in violation of 50-20-603 or the father of the unborn child who was the subject of the abortion may maintain an action against the person who performed or attempted the abortion in a purposeful or knowing violation of 50-20-603 for actual and punitive damages.

(2) (a) A cause of action for injunctive relief against a person who has purposely or knowingly violated 50-20-603 may be maintained by:

(i) the woman on whom an abortion was performed or attempted or, if the woman is a minor, the woman's parent or guardian;

(ii) a person who is the spouse of the woman on whom an abortion has been performed or attempted;

(iii) a prosecuting attorney with appropriate jurisdiction; or

(iv) the attorney general.

(b) The injunction must prevent the person from performing or attempting additional abortions in violation of 50-20-603 in this state.

(3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall order the defendant to pay reasonable attorney fees to the plaintiff.

(4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's lawsuit was frivolous and brought in bad faith, the court shall order the plaintiff to pay reasonable attorney fees to the defendant.

(5) Damages or attorney fees may not be assessed against the woman on whom an abortion was performed or attempted except in accordance with subsection (4).
Mont. Code Ann. § 50-74-103 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-103
50-74-103 Boilers exempted
Status: in_force

50-74-103 . Boilers exempted. (1) This chapter does not apply to boilers under federal control.

(2) The provisions of this chapter requiring inspections, inspection fees, and certificates do not apply to:

(a) steam heating boilers operated at not over 15 pounds per square inch gauge pressure in private residences or apartments of six or less families or to hot water heating or supply boilers operated at not over 50 pounds per square inch gauge pressure and temperatures not over 250 degrees F when in private residences or apartments of six or less families; and

(b) boilers constructed or maintained only as a hobby for exhibition, educational, or historical purposes and not for commercial use if the boilers have an inside diameter of 12 inches or less or a grate area of 2 square feet or less and are equipped with a safety valve, a water level indicator, and a pressure gauge.

(3) Persons operating any of the engines or boilers exempted from the operation of this chapter may not be required to procure a license from the department.
Mont. Code Ann. § 50-74-210 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-210
50-74-210 Duty to permit inspection
Status: in_force

50-74-210 . Duty to permit inspection. It is the duty of the owners, engineers, or managers of steam or water boilers to allow the inspector free access to the same.
Mont. Code Ann. § 50-5-304 — MT Code / Title 50 / Chapter 5 / Part 3 / Section 50-5-304
50-5-304 Review criteria, required findings, and standards
Status: in_force

50-5-304 . Review criteria, required findings, and standards. The department shall by rule promulgate and use, as appropriate, specific criteria for reviewing certificate of need applications under this chapter, including but not limited to the following considerations and required findings:

(1) the degree to which the proposal being reviewed:

(a) demonstrates that the service is needed by the population within the service area defined in the proposal;

(b) provides data that demonstrates the need for services contrary to the current state long-term care facilities plan, including but not limited to waiting lists, projected service volumes, differences in cost and quality of services, and availability of services; or

(c) is consistent with the current state long-term care facilities plan;

(2) the need that the population served or to be served by the proposal has for the services;

(3) the availability of less costly quality-equivalent or more effective alternative methods of providing the services;

(4) the immediate and long-term financial feasibility of the proposal as well as the probable impact of the proposal on the costs of and charges for providing long-term care services by the person proposing the service;

(5) the relationship and financial impact of the services proposed to be provided to the existing health care system of the area in which the services are proposed to be provided;

(6) the consistency of the proposal with joint planning efforts by health care providers in the area;

(7) the availability of resources, including health and management personnel and funds for capital and operating needs, for the provision of services proposed to be provided and the availability of alternative uses of the resources for the provision of other health services;

(8) the relationship, including the organizational relationship, of the long-term care services proposed to be provided to ancillary or support services;

(9) in the case of a construction project, the costs and methods of the proposed construction, including the costs and methods of energy provision, and the probable impact of the construction project reviewed on the costs of providing long-term care services by the person proposing the construction project;

(10) the distance, convenience, cost of transportation, and accessibility of services offered by long-term care facilities for persons who live outside urban areas in relation to the proposal; and

(11) in the case of a project to add long-term care facility beds:

(a) the need for the beds that takes into account the current and projected occupancy of long-term care beds in the community;

(b) the current and projected population over 65 years of age in the community; and

(c) other appropriate factors.
Mont. Code Ann. § 50-15-124 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-124
50-15-124 Content of certificates, records, and reports
Status: in_force

50-15-124 . Content of certificates, records, and reports. (1) In order to promote and maintain nationwide uniformity in the system of vital statistics, the department, in the preparation of the forms of certificates, vital records, or reports required by this chapter or rules adopted under this chapter, may include the elements in forms and the forms recommended by the national center for health statistics for implementing a system of vital statistics.

(2) Each certificate, record, report, and other document required by this chapter must be prepared in a format approved by the department. All vital records must contain the date of filing.

(3) Information required in certificates, forms, records, or reports authorized by this chapter may be filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by the department.
Mont. Code Ann. § 50-31-107 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-107
50-31-107 False or misleading representations
Status: in_force

50-31-107 . False or misleading representations. (1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(2) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or a combination of these but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use as are customary or usual.
Mont. Code Ann. § 50-6-316 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-316
50-6-316 Criminal and civil penalties
Status: in_force

50-6-316 . Criminal and civil penalties. (1) Any person violating any provision of this part or any rule of the department or order issued by the department is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $100 for the first offense, not less than $75 or more than $200 for the second offense, and for third and subsequent offenses, not less than $200 or more than $500 or imprisoned in the county jail not to exceed 90 days.

(2) A person who violates any provision of this part or any rule of the department or order issued by the department is subject to a civil penalty not to exceed $1,000 for each violation. Each day of violation constitutes a separate violation.

(3) An action commenced under subsections (2) through (6) does not bar administrative enforcement of this part as provided in 50-6-327 or an injunction as provided in 50-6-326 .

(4) If the department has reason to believe that a person has violated any provision of this part or any rule of the department or order issued by the department, it shall bring an action in the name of the state against the person to impose, assess, and recover the civil penalties as provided in subsection (2).

(5) Any civil penalty collected under subsections (2) through (6) is in lieu of the criminal penalty provided for in subsection (1).

(6) All penalties collected under subsections (2) through (5) must be transmitted to the state treasurer for deposit in the state general fund.
Mont. Code Ann. § 50-32-207 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-207
50-32-207 Order forms for drugs in Schedules I and II
Status: in_force

50-32-207 . Order forms for drugs in Schedules I and II. Dangerous drugs in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section unless the board prescribes particular forms to be used.