Mont. Code Ann. § 50-31-309 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-309
50-31-309 Removal of drugs from prescription requirement
Status: in_force

50-31-309 . Removal of drugs from prescription requirement. The department may by regulation remove drugs subject to 50-31-306 (1)(d) and 50-31-311 from the requirements of 50-31-307 when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the federal act by regulations issued thereunder may also, by regulations issued by the department, be removed from the requirements of 50-31-307 .
Mont. Code Ann. § 50-6-415 — MT Code / Title 50 / Chapter 6 / Part 4 / Section 50-6-415
50-6-415 Confidentiality
Status: in_force

50-6-415 . Confidentiality. (1) Data in a health care facility's hospital trauma register and reports developed from that data pertaining to quality of trauma care may be given by the facility only to:

(a) the facility's peer review committee;

(b) the regional trauma care advisory committee of the region in which the facility is located;

(c) the trauma care committee; or

(d) the department.

(2) Data in the state trauma register and hospital trauma registers is not subject to discovery in a civil action and may not be introduced into evidence in a judicial or administrative proceeding.

(3) Data and reports concerning peer review, quality improvement, or the quality of the trauma care provided by a health care facility or a health care provider that are produced by a regional trauma care advisory committee or the trauma care committee or provided by a health care facility to a regional trauma care advisory committee or the trauma care committee, as well as the proceedings of those committees concerning peer review and quality improvement, are not subject to discovery in a civil action and may not be introduced into evidence in a judicial or administrative proceeding.

(4) A statistical report on trauma and trauma care developed by the department that does not identify specific health care facilities, health care providers, or patients is not confidential and is considered public information.

(5) A statistical report developed by a health care facility from information in its hospital trauma register that does not pertain to peer review or quality improvement is not confidential and is considered public information.

(6) Information in a department record or report that is used to evaluate and improve the quality of emergency medical service and trauma care by a health care facility or emergency medical service is not subject to discovery and may not be introduced in evidence in a judicial or administrative proceeding.

(7) Information in a department record or report that is used to determine whether a health care facility will be designated or lose its designation as a trauma care facility is not confidential and is considered public information.

(8) A standard or protocol adopted by the department pursuant to this part may not be used to demonstrate negligence or lack of negligence by a health care provider or health care facility to whom the standard or protocol applies.
Mont. Code Ann. § 50-4-805 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-805
50-4-805 Program expenditures
Status: in_force

50-4-805 . Program expenditures. (1) Subject to appropriation by the legislature, the department shall provide competitive grants in accordance with 50-4-806 and this section to community or tribal boards operating as a nonprofit entity in accordance with the Public Health Service Act, 42 U.S.C. 254b, to increase access to primary care and preventive health services for uninsured, underinsured, low-income, or underserved Montanans.

(2) Grants must be made each year to accomplish any of the following goals:

(a) to create and support new nonfederally funded community health centers with state funding for a maximum of 6 years or until federal funds are granted. Successful applicants for the state grants shall also apply for federally qualified health center look-alike status and federal community health center grants at the first available opportunity.

(b) to expand the medical, mental health, or dental services offered by existing federally qualified community health centers or other facilities that have received federally qualified health center look-alike status; and

(c) to provide one-time grants for capital expenditures to existing federally qualified community health centers and facilities with federally qualified health center look-alike status.

(3) The department shall contract with an entity that is able to:

(a) provide technical assistance to new and existing federally qualified community health centers in their efforts to apply for federal funds;

(b) assist new and existing centers in their efforts to expand services; and

(c) collect standardized data on the provision of services to low-income and uninsured Montanans.

(4) The department shall require the contractor to provide an annual report on the services it has provided, the data it has collected, and the status of applications for federal community health center funding.
Mont. Code Ann. § 50-2-117 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-117
50-2-117 Appointment of local health officer by department when not made by local health board
Status: in_force

50-2-117 . Appointment of local health officer by department when not made by local health board. (1) If a local health board does not appoint a health officer, the department may appoint a health officer 30 days after notification in writing has been given to the local health board.

(2) A health officer appointed by the department has the same authority as a health officer appointed by a local health board.
Mont. Code Ann. § 50-73-207 — MT Code / Title 50 / Chapter 73 / Part 2 / Section 50-73-207
50-73-207 Annual surveys in mines having only five people on shift
Status: in_force

50-73-207 . Annual surveys in mines having only five people on shift. The department shall require an extension of the last preceding survey once every 12 months of every mine in active operation in which five people or less are employed on any one shift.
Mont. Code Ann. § 50-16-103 — MT Code / Title 50 / Chapter 16 / Part 1 / Section 50-16-103
50-16-103 Information on shaken baby syndrome -- program
Status: in_force

50-16-103 . Information on shaken baby syndrome -- program. (1) There is a shaken baby syndrome education program established in the department.

(2) The department shall:

(a) develop educational materials that present readily comprehensible information on shaken baby syndrome; and

(b) post the materials on the department's website in an easily accessible format.

(3) The materials required to be produced by this section must be distributed at no cost to the recipients.

(4) For purposes of 50-16-104 and this section, the following definitions apply:

(a) "Child care facility" means a day-care center, day-care facility, family day-care home, or group day-care home as those terms are defined in 52-2-703 .

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

(c) "Hospital" means a hospital or rural emergency hospital, as those terms are defined in 50-5-101 , that regularly provides maternity, pediatric, or obstetrical care.

(d) "Parent" means either parent, unless the parents are not married or are separated or divorced, in which case, the term means the custodial parent. The term also means a prospective adoptive parent or foster parent with whom the child is placed.

(e) "Shaken baby syndrome" means damage to the brain of an infant or young child, including but not limited to swelling that impedes the supply of oxygen to the brain or any degree of brain damage that results from the infant or young child having been forcefully shaken.
Mont. Code Ann. § 50-21-101 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-101
50-21-101 Procurement of cadavers
Status: in_force

50-21-101 . Procurement of cadavers. (1) A medical school in the United States may procure unclaimed human bodies for use in teaching and demonstrations of anatomy.

(2) A physician or podiatrist licensed in the state of Montana may procure a cadaver specimen from a nationally accredited nontransplant anatomic bank for the purposes of anatomic dissection and surgical demonstration and training.
Mont. Code Ann. § 50-5-504 — MT Code / Title 50 / Chapter 5 / Part 5 / Section 50-5-504
50-5-504 Unlawful to interfere with right of refusal
Status: in_force

50-5-504 . Unlawful to interfere with right of refusal. (1) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this part, whether by duress, coercion, or any other means.

(2) The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.
Mont. Code Ann. § 50-30-220 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-220
50-30-220 Toys and other children's articles
Status: in_force

50-30-220 . Toys and other children's articles. (1) A determination by the department that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by rule in accordance with this chapter.

(2) If, before or during a proceeding under subsection (1) of this section, the department finds that because of an electrical, mechanical, or thermal hazard distribution of a toy or other article involved presents an imminent hazard to the public health and the department gives notice of the finding, the toy or other article is a banned hazardous substance for purposes of this chapter until the proceeding has been completed. If not yet initiated when the notice is given, the proceeding shall be initiated as promptly as possible.

(3) (a) In the case of a toy or other article intended for use by children which is determined by the department to present an electrical, mechanical, or thermal hazard, a person who will be adversely affected by the determination may, at any time before the 60th day after the rule making the determination is issued by the department, file a petition with the court for a judicial review of the determination. A copy of the petition shall be immediately transmitted by the clerk of the court to the department. The department shall file in the court the record of the proceedings on which the department based its determination.

(b) If the petitioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there was no opportunity to adduce the evidence in the proceeding before the department, the court may order the additional evidence (and evidence in rebuttal thereof) to be taken before the department in a hearing or in another manner and upon other terms and conditions as the court considers proper. The department may modify its findings as to the facts or make new findings by reason of the additional evidence so taken, and it shall file the modified or new findings and its recommendation, if any, for the modification or setting aside of its original determination with the return of the additional evidence.

(c) Upon the filing of the petition under subsection (3) of this section, the court has jurisdiction to review the determination of the department. If the court ordered additional evidence to be taken under subsection (3)(b) of this section, the court shall also review the department's determination to determine if, on the basis of the entire record before the court under subsections (3)(a) and (3)(b) of this section, it is supported by substantial evidence. If the court finds the determination is not so supported, the court may set it aside. With respect to a determination reviewed under subsection (3) of this section, the court may grant appropriate relief pending conclusion of the review proceedings.
Mont. Code Ann. § 50-60-115 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-115
50-60-115 Building codes council -- purpose and structure
Status: in_force

50-60-115 . Building codes council -- purpose and structure. (1) There is a building codes council for the purpose of assisting the department with the application, implementation, and interpretation of the state building code and building codes adopted by counties, cities, or towns. The council shall work cooperatively with the department and with representatives of the construction industry, as well as members of the interested public, to harmonize building codes and related rules with both the needs of the construction industry and the public interest in efficiency, cost-effectiveness, and safety.

(2) The council consists of 13 members appointed by the governor, unless otherwise specified, as follows:

(a) a practicing architect licensed in Montana;

(b) a practicing professional engineer licensed in Montana;

(c) a representative from the building contractor industry;

(d) a county, city, or town building inspector;

(e) a representative of the manufactured housing industry;

(f) a member of the general public who does not hold public office and who does not represent the same industry or agency as another council member;

(g) the director of the department of public health and human services or the director's designee;

(h) a licensed electrician selected by the state electrical board;

(i) a licensed plumber selected by the board of plumbers;

(j) a licensed elevator mechanic selected by the department;

(k) the state fire marshal or the fire marshal's designee;

(l) a representative of the home building industry; and

(m) a representative of the Montana state fire chiefs' association.

(3) The appointed council members serve at the pleasure of the governor for terms of 3 years.

(4) The council is allocated to the department for administrative purposes only as provided in 2-15-121 .

(5) The council and its members are entitled to compensation as provided in 2-15-122 .
Mont. Code Ann. § 50-32-209 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-209
50-32-209 Republication of schedules
Status: in_force

50-32-209 . Republication of schedules. The board shall revise and the department shall republish additions, deletions, or other changes to the schedules of dangerous drugs at times determined by the board. For the purposes of this section, the mandate to republish additions, deletions, or other changes is satisfied by publication in the Administrative Rules of Montana pursuant to Title 2, chapter 4.
Mont. Code Ann. § 50-32-306 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-306
50-32-306 Criteria for registration of manufacturers and distributors
Status: in_force

50-32-306 . Criteria for registration of manufacturers and distributors. (1) The board shall register an applicant to manufacture or distribute dangerous drugs included in 50-32-222 , 50-32-224 , 50-32-226 , 50-32-229 , and 50-32-232 unless it determines that the issuance of that registration would be inconsistent with the public interest.

(2) In determining the public interest, the board shall consider the following factors:

(a) maintenance of effective controls against diversion of dangerous drugs into other than legitimate medical, scientific, or industrial channels;

(b) compliance with applicable state and local law;

(c) any convictions of the applicant under any federal and state laws relating to any dangerous drug;

(d) past experience in the manufacture or distribution of dangerous drugs and the existence in the applicant's establishment of effective controls against diversion;

(e) furnishing by the applicant of false or fraudulent material in any application filed under this chapter;

(f) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense dangerous drugs as authorized by federal law; and

(g) any other factors relevant to and consistent with the public health and safety.

(3) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.
Mont. Code Ann. § 50-61-121 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-121
50-61-121 Restrictions on storage of smokeless powder and small arms primers
Status: in_force

50-61-121 . Restrictions on storage of smokeless powder and small arms primers. (1) A retail establishment may stock up to 400 pounds of smokeless powder on the premises of a building with a sprinkler system or 200 pounds on the premises of a building without a sprinkler system if storage of this stock conforms to the following conditions:

(a) no more than 20 pounds are on display in a customer service area;

(b) the storage area is clearly posted as off limits to customers;

(c) the storage area is clearly posted prohibiting smoking or any open flame or sparks; and

(d) the storage area is a room designed and constructed to restrict smoke travel that is separate from the customer service area, that has a self-closing entrance door, and that conforms to one of the following:

(i) It is constructed of material sufficient to achieve a 1-hour fire resistant-rated barrier between the storage area and the customer service area. The smokeless powder must be stored in cabinets made of wood or equivalent material that is at least 1 inch thick, and each cabinet must contain no more than 200 pounds of smokeless powder. Cabinets must be separated by 25 feet.

(ii) It is protected by a fire suppression sprinkler system approved by the state fire prevention and investigation section of the department of justice or a chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee, and the storage area has cabinets as provided for in subsection (1)(d)(i).

(iii) Smokeless powder stock is contained in a cabinet with casters and constructed of wood at least 1 inch thick that is covered on all sides with 5/8-inch sheetrock.

(2) A retail establishment may stock up to 250,000 small arms primers if storage of this stock conforms to the following conditions:

(a) no more than 20,000 primers in a building with a sprinkler system or 10,000 primers in a building without a sprinkler system are on display in a customer service area;

(b) the storage area must conform to the conditions imposed in subsections (1)(a) through (1)(d), except that no more than 125,000 small arms primers may be stored in one cabinet, and the minimum required separation between cabinets is 15 feet; and

(c) small arms primers are retained in packaging approved by the U.S. department of transportation.
Mont. Code Ann. § 50-51-211 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-211
50-51-211 Notice and hearing required
Status: in_force

50-51-211 . Notice and hearing required. A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds therefor or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled. In such case, the licensee must make a written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.
Mont. Code Ann. § 50-16-1001 — MT Code / Title 50 / Chapter 16 / Part 10 / Section 50-16-1001
50-16-1001 Short title
Status: in_force

50-16-1001 . Short title. This part may be cited as the "AIDS Prevention Act".
Mont. Code Ann. § 50-74-207 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-207
50-74-207 Boiler opened for repair subject to inspection -- duty of notification
Status: in_force

50-74-207 . Boiler opened for repair subject to inspection -- duty of notification. Any owner, operator, or user who opens a boiler or boilers between inspections for repair or other reasons must notify the department of such action, and such boiler or boilers shall at the discretion of the department be inspected by the state or special boiler inspector before the boiler or boilers may be placed back in operation.
Mont. Code Ann. § 50-50-402 — MT Code / Title 50 / Chapter 50 / Part 4 / Section 50-50-402
50-50-402 Plant owner not responsible for violation of game laws
Status: in_force

50-50-402 . Plant owner not responsible for violation of game laws. A person who owns or operates a frozen food plant that offers individual compartments to the public is not responsible for violation of game laws by persons who rent locker space from the owner or operator.
Mont. Code Ann. § 50-52-302 — MT Code / Title 50 / Chapter 52 / Part 3 / Section 50-52-302
50-52-302 Department to pay local board for inspection and enforcement
Status: in_force

50-52-302 . Department to pay local board for inspection and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104 , 50-2-106 , or 50-2-107 , an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however, that:

(a) there is a functioning local board of health; and

(b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.

(3) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund, to enforce the provisions of this chapter and the rules adopted under it.
Mont. Code Ann. § 50-16-104 — MT Code / Title 50 / Chapter 16 / Part 1 / Section 50-16-104
50-16-104 Information on shaken baby syndrome -- distribution
Status: in_force

50-16-104 . Information on shaken baby syndrome -- distribution. A copy of the shaken baby syndrome educational materials developed under 50-16-103 must be distributed in the following manner:

(1) by childbirth educators and staff of pediatric physicians' offices and obstetricians' offices to an expectant parent who uses the services of the educators or physicians;

(2) by a hospital in which a child is born to the child's parent before the child is discharged from the facility;

(3) by service providers under the MIAMI project, provided for in 50-19-311 , to a child's parent during visits conducted in accordance with that project;

(4) by each child-care facility operating in this state to each of its employees; and

(5) by groups or entities that offer classes for babysitters.
Mont. Code Ann. § 50-20-502 — MT Code / Title 50 / Chapter 20 / Part 5 / Section 50-20-502
50-20-502 Legislative purpose and findings
Status: in_force

50-20-502 . Legislative purpose and findings. (1) The legislature finds that:

(a) immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;

(b) the medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the patient is immature;

(c) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;

(d) parents ordinarily possess information essential to a physician in the exercise of the physician's best medical judgment concerning the minor;

(e) parents who are aware that their minor daughter has had an abortion may better ensure that the daughter receives adequate medical care after the abortion; and

(f) parental consultation is usually desirable and in the best interests of the minor.

(2) The purpose of this part is to further the important and compelling state interests of:

(a) protecting minors against their own immaturity;

(b) fostering family unity and preserving the family as a viable social unit;

(c) protecting the constitutional rights of parents to rear children who are members of their household; and

(d) reducing teenage pregnancy and unnecessary abortion.
Mont. Code Ann. § 50-5-119 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-119
50-5-119 Community benefit to equal potential property tax liability -- fee
Status: in_force

50-5-119 . (Effective January 1, 2027) Community benefit to equal potential property tax liability -- fee. (1) (a) Each nonprofit hospital shall provide a total annual community benefit that exceeds the prior year's potential property tax liability the nonprofit hospital would have incurred during the hospital's tax year prior to the year in which the community benefit is provided.

(b) The community benefit must be calculated using the net community benefit expenses, net community building expenses, and total bad debt and medicare shortfall amounts listed by the nonprofit hospital on schedule H of internal revenue service form 990.

(2) Within 30 days of filing the required forms with the internal revenue service each year, each nonprofit hospital shall provide the department of public health and human services with a copy of schedule H for internal revenue service form 990 filed for the most recent tax year. The department of public health and human services shall determine whether the amount of community benefit reported on schedule H exceeds the statement of potential tax liability provided by the department of revenue pursuant to 15-6-245 .

(3) If the amount of community benefit spending does not exceed the amount of the nonprofit hospital's potential tax liability for the prior year, the department of public health and human services shall assess the nonprofit hospital a fee equal to the difference between the potential tax liability for the prior year and the amount of reported community benefit spending.

(4) The department of public health and human services shall deposit money assessed pursuant to this section in the special revenue account provided for in 50-5-120 .
Mont. Code Ann. § 50-17-101 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-101
50-17-101 Policy of state
Status: in_force

50-17-101 . Policy of state. It is the public policy of the state to:

(1) protect persons from the danger of tuberculosis;

(2) provide and maintain a comprehensive program for the prevention, abatement, and adequate control working toward eradication of the disease;

(3) cooperate with other state agencies and the federal government in carrying out these objectives.
Mont. Code Ann. § 50-74-106 — MT Code / Title 50 / Chapter 74 / Part 1 / Section 50-74-106
50-74-106 Certificate and license to be conspicuously displayed
Status: in_force

50-74-106 . Certificate and license to be conspicuously displayed. All certificates of inspection, operating certificates, and engineer's licenses must be displayed in a conspicuous place in the boiler room.
Mont. Code Ann. § 50-65-102 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-102
50-65-102 Cigarette test method and performance standard -- conditions on sale -- alternative test method and performance standard
Status: in_force

50-65-102 . Cigarette test method and performance standard -- conditions on sale -- alternative test method and performance standard. (1) Except as provided in subsection (7), cigarettes may not be sold or offered for sale in this state or sold or offered for sale to persons located in this state unless:

(a) the cigarettes have been tested in accordance with the test method provided in this section;

(b) the cigarettes meet the performance standard specified in this section;

(c) the manufacturer has filed a written certification with the state fire marshal in accordance with 50-65-103 ; and

(d) the cigarettes have been marked in accordance with 50-65-104 .

(2) (a) Testing of cigarettes must be conducted in accordance with the American society for testing and materials standard E2187-04, the standard test method for measuring the ignition strength of cigarettes.

(b) Testing must be conducted on 10 layers of filter paper.

(c) No more than 25% of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests compose a complete test trial for each cigarette used.

(d) The performance standards required in subsection (2)(c) may be applied only to a complete test trial.

(e) Written certifications must be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization or another comparable accreditation standard required by the state fire marshal.

(f) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure for determining the repeatability of the testing results. The repeatability value may not be greater than 0.19.

(g) This section does not require additional testing if cigarettes are tested for any other purpose in a manner that is consistent with this chapter.

(h) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the required performance standard must be conducted in accordance with this section.

(3) Each cigarette listed in a certification submitted pursuant to 50-65-103 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard provided in this section must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column or, for nonfiltered cigarettes, 10 millimeters from the labeled end of the tobacco column.

(4) (a) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in subsection (2)(a) shall propose a test method and performance standard for the cigarette to the state fire marshal.

(b) Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subsection (2)(c), the manufacturer may employ that test method and performance standard to certify a cigarette pursuant to 50-65-103 .

(c) If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in 50-65-102 and the state fire marshal determines that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under provisions comparable to this section, the state fire marshal shall authorize the manufacturer to employ the alternative test method and performance standard to certify the cigarette for sale in this state unless the state fire marshal demonstrates a reasonable basis why the alternative test is unacceptable. All other applicable provisions of this section apply to the manufacturer even if the alternative test method and performance standard are authorized.

(5) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of 3 years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. A manufacturer who fails to make copies of the reports available within 60 days of receipt of a written request is subject to a civil penalty not to exceed $10,000 for each day after the 60th day that the manufacturer does not make the copies available.

(6) The state fire marshal may adopt a subsequent American society for testing and materials standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns that the same cigarette would exhibit when tested in accordance with the standard provided in subsection (2)(a) and the performance standard in subsection (2)(c).

(7) The requirements of subsection (1) do not prohibit a wholesale dealer or retail dealer from selling the wholesale dealer's or retail dealer's existing inventory of cigarettes on or after May 1, 2008, if the wholesale dealer or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to May 1, 2008, and if the wholesale dealer or retail dealer establishes that the inventory was purchased prior to May 1, 2008, in comparable quantity to the inventory purchased during the same period of the prior year.

(8) Because this chapter is based on New York law, it is the intent of the legislature that this chapter be implemented in accordance with the implementation and substance of the New York executive law section 156-c, fire safety standards for cigarettes.
Mont. Code Ann. § 50-6-105 — MT Code / Title 50 / Chapter 6 / Part 1 / Section 50-6-105
50-6-105 Medical care standards -- review process
Status: in_force

50-6-105 . Medical care standards -- review process. (1) The department of labor and industry, in consultation with the department of public health and human services, shall establish patient care standards for:

(a) out-of-hospital emergency medical treatment and interfacility transportation; and

(b) community-integrated health care.

(2) (a) Complaints involving out-of-hospital care, interfacility care, community-integrated health care, patient care within a health care facility, or the operation of an emergency medical service, as defined in 50-6-302 , must be filed with the department of labor and industry pursuant to 37-1-402 .

(b) If a complaint is initially filed with the department of public health and human services, it shall refer the complaint to the department of labor and industry.

(3) (a) When a complaint involves the operation or condition of an emergency medical service, the department of labor and industry shall refer the complaint to the department of public health and human services for investigation as provided in 50-6-323 .

(b) When a complaint involves a combination of patient care and emergency medical service matters, the department of labor and industry shall refer the complaint to the department of public health and human services for matters that fall within its jurisdiction.

(4) For a complaint involving patient care, the department of labor and industry shall:

(a) immediately share with the department of public health and human services any information indicating:

(i) a potential violation of department of public health and human services rules; or

(ii) that the existing policies or practices of an emergency medical service may be jeopardizing patient care; and

(b) notify the department of public health and human services when:

(i) a sanction is imposed on an emergency care provider; or

(ii) the complaint is resolved.

(5) For a complaint involving an emergency medical service, the department of public health and human services shall:

(a) immediately share with the department of labor and industry any information indicating:

(i) a potential violation of department of labor and industry rules; or

(ii) that the practices of an emergency care provider may be jeopardizing patient care; and

(b) notify the department of labor and industry when:

(i) a sanction is imposed on an emergency medical service; or

(ii) the complaint is resolved.
Mont. Code Ann. § 50-6-313 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-313
50-6-313 Inspections
Status: in_force

50-6-313 . Inspections. (1) The department shall make necessary investigations and inspections for enforcement of this part.

(2) The department shall make regular inspections as the rules of the department may direct and special inspections that it considers necessary.

(3) The department has free access at all reasonable hours to the place of business of any person operating an emergency medical service in order to make necessary inspections. These inspections may include the inspection of any equipment or records pertaining to the activities of the emergency medical service.

(4) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials and requests entry for the purpose of conducting an inspection necessitated under this section. A person may not obstruct, hamper, or interfere with an inspection that is properly conducted pursuant to this section.

(5) Upon request, the owner or operator of an emergency medical service must receive a report stating all facts that relate to the owner's or operator's compliance with the provisions of this part as determined by the department, based upon its inspection.
Mont. Code Ann. § 50-30-206 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-206
50-30-206 Corrosive defined
Status: in_force

50-30-206 . Corrosive defined. "Corrosive" means a substance which in contact with living tissue will cause destruction of tissue by chemical action but does not refer to action on inanimate surfaces.
Mont. Code Ann. § 50-4-802 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-802
50-4-802 Legislative intent and purpose
Status: in_force

50-4-802 . Legislative intent and purpose. The legislature recognizes that the large number of uninsured and underinsured Montanans has a significant long-term human and economic impact on families, health care providers, and the state of Montana. It is the intent of the legislature through this part to enhance access to primary care and preventive care for Montana residents by strengthening and supporting Montana's community health centers.
Mont. Code Ann. § 50-4-1302 — MT Code / Title 50 / Chapter 4 / Part 13 / Section 50-4-1302
50-4-1302 Definitions
Status: in_force

50-4-1302 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Abortion" means the act of using or prescribing an instrument, medicine, or drug or a substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of her unborn child.

(b) The term does not include an act taken with the intent to:

(i) save the life or preserve the health of the unborn child;

(ii) remove a dead unborn child caused by miscarriage;

(iii) remove an ectopic pregnancy; or

(iv) perform a previability separation procedure when the procedure is, in reasonable medical judgment, necessary to save or preserve the life of the pregnant woman.

(2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of her unborn child.

(b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent to cause an abortion.

(c) The term does not include drugs that are known to cause an abortion but that are prescribed for other medical indications.

(3) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum.

(4) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity.

(5) "Medical pregnancy center" means a pregnancy center that provides medical testing, counseling, and pregnancy-related care.

(6) "Miscarriage" means the spontaneous loss of an unborn child.

(7) "Pregnancy center" means a private, nonprofit organization that promotes childbirth and alternatives to abortion and provides women, children, and families with resources, counseling, classes, referrals, and information related to pregnancy, childbearing, adoption, and parenting.

(8) (a) "Previability separation procedure" means a medical procedure performed by a qualified health care provider to remove an unborn child from the mother's uterine cavity before the stage of fetal development when, in the reasonable medical judgment of the qualified health care provider based on the particular facts of the case and in light of the most advanced medical technology and information available, there is a reasonable likelihood of sustained survival of the unborn child outside the mother's body, with or without artificial support.

(b) The term does not include an abortion.
Mont. Code Ann. § 50-31-302 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-302
50-31-302 Antiseptics considered to be germicides
Status: in_force

50-31-302 . Antiseptics considered to be germicides. The representation of a drug in its labeling or advertisement as an antiseptic is considered to be a representation that it is a germicide except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use which involves prolonged contact with the body.
Mont. Code Ann. § 50-4-103 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-103
50-4-103 Terminated
Status: in_force

50-4-103 . Terminated. Sec. 3, Ch. 517, L. 1997.
Mont. Code Ann. § 50-15-703 — MT Code / Title 50 / Chapter 15 / Part 7 / Section 50-15-703
50-15-703 Duty to report tumors
Status: in_force

50-15-703 . Duty to report tumors. The following persons or entities shall report to the department on forms provided by the department all medical and personal information as specified in rules of the department and laboratory results pertaining to the treatment and condition of a person with a reportable tumor:

(1) a hospital that provides medical services relating to the tumor;

(2) a clinical laboratory, as defined in 50-5-101 , that is not owned or operated by a hospital and that provides laboratory services relating to the tumor; and

(3) a health care practitioner or health care facility, not covered by subsection (1) or (2), providing medical services relating to the tumor.
Mont. Code Ann. § 50-78-206 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-206
50-78-206 Labels
Status: in_force

50-78-206 . Labels. (1) An employer or distributor may not remove or deface any existing label on a container of a hazardous chemical, except that the chemical name may be concealed under trade secret protection as provided in 50-78-205 .

(2) Any portable container intended for an immediate transfer of a hazardous chemical is not required to be labeled.
Mont. Code Ann. § 50-57-105 — MT Code / Title 50 / Chapter 57 / Part 1 / Section 50-57-105
50-57-105 Diseased person not to handle food
Status: in_force

50-57-105 . Diseased person not to handle food. A person who has a communicable disease, as defined in 50-1-101 , may not work in any establishment or in the handling or processing of food.
Mont. Code Ann. § 50-32-103 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-103
50-32-103 Board to administer chapter
Status: in_force

50-32-103 . Board to administer chapter. (1) The board shall administer this chapter and may add drugs to or delete or reschedule all drugs enumerated in the schedules in 50-32-222 , 50-32-224 , 50-32-226 , 50-32-229 , or 50-32-232 pursuant to the rulemaking procedures of the Montana Administrative Procedure Act.

(2) The board shall promulgate rules for its administration which are not inconsistent with this chapter and specifically shall levy and the department shall collect reasonable registration fees relating to the registration and control of the manufacture, distribution, and dispensing of dangerous drugs within the state. The maximum fee for any registration shall not exceed $100 per year.
Mont. Code Ann. § 50-20-1001 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1001
50-20-1001 Short title
Status: in_force

50-20-1001 . Short title. This part may be cited as the "Dismemberment Abortion Prohibition Act".
Mont. Code Ann. § 50-60-512 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-512
50-60-512 Department authorized to order work stopped for noncompliance
Status: in_force

50-60-512 . Department authorized to order work stopped for noncompliance. Whenever any work is being done contrary to the provisions of the state plumbing code, the department of labor and industry or its authorized representative may, after a hearing conducted under the provisions of the Montana Administrative Procedure Act, order work stopped by notice in writing served on any person engaged in the work.
Mont. Code Ann. § 50-20-805 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-805
50-20-805 Criminal penalties -- professional sanctions -- civil liability
Status: in_force

50-20-805 . Criminal penalties -- professional sanctions -- civil liability. (1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.

(2) A licensed health care provider who purposely or knowingly violates the prohibition in 50-20-804 commits an act of unprofessional conduct, and the individual's license to practice medicine in this state must be suspended for a minimum of 1 year pursuant to Title 37.

(3) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part provides a basis for:

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

(b) a civil fine of not less than $5,000 for each violation imposed by the department of justice.
Mont. Code Ann. § 50-6-327 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-327
50-6-327 Administrative enforcement
Status: in_force

50-6-327 . Administrative enforcement. (1) If the department believes that there is a violation of this part or a violation of a rule of the department, it may serve notice of the violation upon the alleged violator or the alleged violator's agent. Service of notice must be by certified mail and is complete on the date of mailing.

(2) Notice required under subsection (1) must:

(a) specify the provision of this part or the rule alleged to be violated;

(b) contain a statement of the facts alleged to constitute a violation; and

(c) include an order that the alleged violator take necessary corrective action within a reasonable period of time as stated in the order. The order may include corrective action, such as decertification of a specific vehicle or aircraft from use as an ambulance or restriction on the use of a specific individual or type of or level of service in providing emergency medical service.

(3) An order issued pursuant to subsection (2) becomes final unless the person named in the order requests a hearing before the department. The request for a hearing must be made in writing to the department at least 30 days after the date of service of notice of an alleged violation. On receipt of the request, the department shall schedule a date for a hearing.

(4) If, after a hearing, the department finds that a violation has occurred, it shall either affirm or modify the corrective action order. An order issued by the department after hearing may prescribe the date by which the violation must cease and may prescribe time limits for corrective action. If, after a hearing, the department finds a violation has not occurred, it shall rescind the corrective action order.
Mont. Code Ann. § 50-20-710 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-710
50-20-710 Production of reporting forms
Status: in_force

50-20-710 . Production of reporting forms. The department shall create and distribute the forms required by this part within 60 days after October 1, 2021.
Mont. Code Ann. § 50-16-528 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-528
50-16-528 Patient's revocation of authorization for disclosure
Status: in_force

50-16-528 . Patient's revocation of authorization for disclosure. A patient may revoke a disclosure authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that has been provided or other substantial action has been taken in reliance on the authorization. A patient may not maintain an action against the health care provider for disclosures made in good faith reliance on an authorization if the health care provider had no notice of the revocation of the authorization.
Mont. Code Ann. § 50-63-404 — MT Code / Title 50 / Chapter 63 / Part 4 / Section 50-63-404
50-63-404 Testimony of agency personnel in action to recover under insurance policy
Status: in_force

50-63-404 . Testimony of agency personnel in action to recover under insurance policy. Law enforcement agency and governmental fire agency personnel may be required to testify as to any information in their possession regarding the fire loss of real or personal property in any civil action in which a person seeks recovery from an insurer under a policy for the fire loss.
Mont. Code Ann. § 50-48-101 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-101
50-48-101 Purpose
Status: in_force

50-48-101 . Purpose. The regulation of tattooing and body-piercing establishments is required to protect the public health and safety.
Mont. Code Ann. § 50-74-201 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-201
50-74-201 State boiler inspectors
Status: in_force

50-74-201 . State boiler inspectors. The department shall appoint state inspectors of boilers and shall prescribe their duties and term of office and fix their compensation.
Mont. Code Ann. § 50-18-101 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-101
50-18-101 Sexually transmitted diseases defined
Status: in_force

50-18-101 . Sexually transmitted diseases defined. Human immunodeficiency virus (HIV), syphilis, gonorrhea, chancroid, chlamydia genital infections, lymphogranuloma venereum, and granuloma inguinale are sexually transmitted diseases. Sexually transmitted diseases are contagious, infectious, communicable, and dangerous to public health.
Mont. Code Ann. § 50-61-120 — MT Code / Title 50 / Chapter 61 / Part 1 / Section 50-61-120
50-61-120 Exceeding fire code limits for storage of smokeless powder and small arms primers
Status: in_force

50-61-120 . Exceeding fire code limits for storage of smokeless powder and small arms primers. (1) A retail establishment may exceed the limits prescribed by an adopted fire or safety code or a local government ordinance or resolution for the storage of smokeless powder and small arms primers if the storage conforms to the provisions contained in 50-61-121 .

(2) Nothing in this section may be construed to allow repackaging of smokeless powder from larger to smaller containers on the retail premises.
Mont. Code Ann. § 50-4-105 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-105
50-4-105 Limitations of provider agreements -- exception
Status: in_force

50-4-105 . Limitations of provider agreements -- exception. (1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are provided to an insured individual if the payment for the services is made directly or indirectly or is otherwise required to be made:

(a) under casualty insurance as described in 33-1-206 ; or

(b) under property insurance as described in 33-1-210 .

(2) Insurance payments made to a provider of health care services under subsection (1) must be paid according to the terms of the applicable policy or in accordance with any written agreement or contract existing between the provider and the insurer or a person contractually engaged by the insurer to perform services or an insurance function for the insurer. This section does not prohibit negotiations regarding the amount of the billed charges or a reasonable request for additional information or documents in order to evaluate the claim.

(3) An insurer making payment on a claim under a disability insurance policy, member contract, health benefit plan, group health plan, blanket disability insurance policy as defined in 33-22-601 , or other medical coverage shall credit toward satisfaction of the insured's deductible, copayment, or coinsurance, if any, any payment made by a casualty or property insurer but only if the payment to be credited is applied to a covered medical expense under the terms of the applicable health policy.

(4) The provisions of this section apply regardless of whether the insured may be considered a third-party beneficiary of the provider agreement.

(5) The provisions of this section do not apply to a direct patient care agreement established pursuant to 50-4-107 .
Mont. Code Ann. § 50-57-205 — MT Code / Title 50 / Chapter 57 / Part 2 / Section 50-57-205
50-57-205 License fee -- late renewal fee -- allocation of fees
Status: in_force

50-57-205 . License fee -- late renewal fee -- allocation of fees. (1) For each annual license issued or renewed, the department shall collect a fee of $225.

(2) A person operating an establishment who fails to renew a license by the expiration date provided in 50-57-206 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 renewal fee required by subsection (1). Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.

(3) The department shall deposit the annual fees collected under subsection (1) as follows:

(a) 90% into the state special revenue fund to the credit of the local board inspection fund account, created in 50-2-108 ;

(b) 5% into the general fund; and

(c) 5% into the account created in 50-57-213 in the state special revenue fund.

(4) The department shall deposit all of the fees collected under subsection (2) into the account created by 50-57-213 in the state special revenue fund.
Mont. Code Ann. § 50-50-103 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-103
50-50-103 Department authorized to adopt rules -- advisory council
Status: in_force

50-50-103 . Department authorized to adopt rules -- advisory council. (1) Except as provided in subsection (3), to protect public health, the department may adopt rules relating to:

(a) the operation of retail food establishments and cottage food operations. The rules may address sanitation standards related to food, personnel, food equipment and utensils, and facilities and may address other controls, construction and fixtures, and housekeeping.

(b) licensure of retail food establishments; and

(c) registration for cottage food operations, including the fees to be charged for registration. The department shall specify in rule any fees for farmer's markets and cottage food operations that may be imposed by a regulatory authority.

(2) The department may adopt rules regarding permitting fees, statewide standards, plans to be provided by mobile food establishments as part of a mobile food establishment's licensing requirements, and an appeals process at the state and local levels.

(3) The department and local boards of health may not adopt rules or ordinances, respectively, that prohibit:

(a) the sale of cottage food products;

(b) the use of commercially processed wild game or fish meat in meals served by nonprofit retail food establishments pursuant to 50-50-126 ; or

(c) the sale of homemade food or a homemade food product pursuant to Title 50, chapter 49.

(4) (a) The department shall establish a food safety task force or advisory council to assist in the development of administrative rules or to review any proposed legislation related to the provisions of this chapter.

(b) The task force or advisory council must be composed of equal numbers of representatives of the departments of public health and human services, agriculture, and livestock and of registered sanitarians from local regulatory authorities and no more than six members of the public. Each department head shall appoint two of the public members and confer with other department heads to provide geographic representation. Each public member must be an owner or employee of a licensed retail food establishment or a representative of the food industry.

(c) The department shall present administrative rules and any legislation to be proposed by the department to the task force or advisory council prior to its proposal or introduction. When the department learns of proposed legislation related to the provisions of this chapter that has not been proposed by the department, the department shall provide copies of that legislation for review by the task force or advisory council and shall provide to the legislature any comments of the task force or advisory council.
Mont. Code Ann. § 50-16-530 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-530
50-16-530 Disclosure without patient's authorization
Status: in_force

50-16-530 . Disclosure without patient's authorization. A health care provider may disclose health care information about a patient without the patient's authorization if the disclosure is:

(1) directory information, unless the patient has instructed the health care provider not to make the disclosure;

(2) to federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information or when needed to protect the public health;

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

(4) to a law enforcement officer about the general physical condition of a patient being treated in a health care facility if the patient was injured on a public roadway or was injured by the possible criminal act of another;

(5) in response to a request of the office of victims services for information under 53-9-104 (2)(b);

(6) pursuant to compulsory process in accordance with 50-16-535 and 50-16-536 ;

(7) pursuant to 50-16-712 ; or

(8) to the state medical examiner or a county coroner for use in determining cause of death. The information is required to be held confidential as provided by law.
Mont. Code Ann. § 50-32-206 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-206
50-32-206 Use of names of scheduled drugs
Status: in_force

50-32-206 . Use of names of scheduled drugs. The dangerous drugs listed or to be listed in the schedules in 50-32-222 , 50-32-224 , 50-32-226 , 50-32-229 , and 50-32-232 are included by whatever official, common, usual, chemical, or trade name designated.
Mont. Code Ann. § 50-5-1304 — MT Code / Title 50 / Chapter 5 / Part 13 / Section 50-5-1304
50-5-1304 Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination
Status: in_force

50-5-1304 . Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination. (1) An attending health care provider may designate another willing physician or advanced practice registered nurse to make health care treatment decisions as a patient's proxy decisionmaker if:

(a) after making reasonable efforts, the attending health care provider or the provider's designee is unable to locate any persons with authority to make medical decisions for the patient or no interested person with authority to make medical decisions for the patient is willing and able to serve as lay proxy decisionmaker;

(b) the attending health care provider has determined, with the assistance of any relevant specialists or interpreters, the patient's lack of decisional capacity;

(c) the attending health care provider's assessment of lack of decisional capacity has been confirmed by another health care provider;

(d) the attending health care provider or the provider's designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and

(e) the identity of the physician or advanced practice registered nurse designated as proxy decisionmaker is documented in the medical record.

(2) For the purposes of subsection (1)(d), if the health care facility does not have a medical ethics committee, the facility may refer the attending health care provider or the provider's designee to a medical ethics committee at another health care facility or obtain consensus with the health care facility's chaplain.

(3) The authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker terminates when:

(a) an interested person is willing to serve as a lay proxy decisionmaker;

(b) a family member is willing to serve as a decisionmaker;

(c) a guardian is appointed for the patient;

(d) the patient regains decisional capacity;

(e) the proxy decisionmaker decides to terminate the decisionmaker's role; or

(f) the patient is transferred or discharged from the health care facility, if any, where the patient is receiving care unless the proxy decisionmaker expresses an intention to continue in the role.

(4) The attending health care provider shall document in the patient's medical record the reason for termination of the authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker.
Mont. Code Ann. § 50-63-104 — MT Code / Title 50 / Chapter 63 / Part 1 / Section 50-63-104
50-63-104 Liability for forest or range fires
Status: in_force

50-63-104 . Liability for forest or range fires. (1) In a civil action against any person or legal entity that is not a state government entity or a political subdivision of state government, for a forest or range fire caused by a negligent or unintentional act or omission that is not willful or wanton, the real and personal property damage is limited to:

(a) the reasonable costs for controlling or extinguishing the forest or range fire;

(b) economic damages; and

(c) either:

(i) the diminution of fair market value of the real and personal property resulting from the fire; or

(ii) the actual and tangible restoration costs associated with restoring the damaged real and personal property to its undamaged state to the extent that those actual and tangible costs are reasonable and practical. The costs of restoring the unimproved property may not be greater than the fair market value of the property immediately before the fire.

(2) As used in this section:

(a) "economic damages" means objectively verifiable monetary loss, including but not limited to out-of-pocket expenses, loss of earnings, loss of use of property, and loss of business or employment opportunities;

(b) "fair market value" means the amount a willing buyer would pay a willing seller in an arm's-length transaction when both parties are fully informed about all of the advantages and disadvantages of the property and neither is acting under any compulsion to buy or sell, as determined by a certified appraiser who is qualified to appraise the property;

(c) "forest or range fire" means a fire that burns any unimproved real property located outside of an incorporated municipality, regardless of whether there are improvements also affected by the fire and regardless of whether the fire also burns property within an incorporated municipality.
Mont. Code Ann. § 50-2-121 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-121
50-2-121 Removal of diseased prisoner from jail by local health officer
Status: in_force

50-2-121 . Removal of diseased prisoner from jail by local health officer. (1) On written order of a local health officer, a diseased prisoner who is held in a jail and who is considered dangerous to the health of other prisoners may be removed to a hospital or other place of safety.

(2) If the prisoner was committed to jail by order of a court, the order for removal and treatment must be signed by the local health officer and filed with the court.

(3) When the prisoner recovers from the disease, the prisoner must be returned to the jail.

(4) A prisoner removed to a hospital or clinic for treatment may not be considered to have committed an escape.
Mont. Code Ann. § 50-19-201 — MT Code / Title 50 / Chapter 19 / Part 2 / Section 50-19-201
50-19-201 Definitions
Status: in_force

50-19-201 . 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) "Newborn" means an infant under 28 days of life.

(3) "Person" means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not.
Mont. Code Ann. § 50-4-107 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-107
50-4-107 Direct patient care agreements -- requirements -- prohibition
Status: in_force

50-4-107 . Direct patient care agreements -- requirements -- prohibition. (1) A patient or the patient's legal representative may enter into a direct patient care agreement with a health care provider to arrange for health care services for the patient.

(2) A direct patient care agreement must be in writing, and the patient or the patient's legal representative must be given a copy of the written agreement at the time the agreement is signed.

(3) The agreement must:

(a) describe the health care services to be provided in exchange for payment of a direct fee;

(b) specify the direct fee required and any additional fees to be paid by a third party;

(c) specify the patient's payment obligation;

(d) prohibit the provider from charging or receiving additional compensation for health care services included in the direct fee;

(e) prohibit the provider from submitting to a health insurance issuer or a contractor or subcontractor of a health insurance issuer a claim for payment for health care services provided to a patient under a direct patient care agreement;

(f) meet the disclosure requirements of 50-4-108 ; and

(g) unequivocally provide that the charges for medical services not included in the agreement are the sole responsibility of the patient.

(4) A direct patient care agreement may allow for the direct fee and any additional fees to be paid by a third party.

(5) (a) Either party to a direct patient care agreement may terminate the agreement in writing without penalty or payment of a termination fee:

(i) at any time; or

(ii) after notice as specified in the agreement. The notice requirement may not exceed 60 days.

(b) The agreement must specify the terms of cancellation, including terms that cover relocation or military duty by the patient.

(6) The direct fees paid pursuant to this section are an eligible medical expense for the purposes of 15-61-202 .
Mont. Code Ann. § 50-74-202 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-202
50-74-202 Special boiler inspectors
Status: in_force

50-74-202 . Special boiler inspectors. (1) In addition to the state boiler inspectors, the department shall issue to the inspectors of boiler insurance companies authorized to do business in the state commissions, certificates, or other recognition as special boiler inspectors and may accept the inspection reports of such special inspectors as equivalent to those of the state inspectors.

(2) Each such special inspector shall hold a certificate as boiler inspector issued by the national board of boiler and pressure vessels inspectors.

(3) Such special inspectors shall receive no salary or expenses from the state, nor shall the state collect inspection fees for inspections made by such special inspectors.
Mont. Code Ann. § 50-17-107 — MT Code / Title 50 / Chapter 17 / Part 1 / Section 50-17-107
50-17-107 Adjudication of application
Status: in_force

50-17-107 . Adjudication of application. Following the hearing, the court shall find that the allegations of the application are:

(1) true and order the person to enter or return to a treatment location for treatment;

(2) true and order the person to submit to an examination for tuberculosis at a hospital within a specified time and to complete an approved course of treatment if the person is found to have tuberculosis; or

(3) not true and order the person discharged.
Mont. Code Ann. § 50-63-401 — MT Code / Title 50 / Chapter 63 / Part 4 / Section 50-63-401
50-63-401 Insurer to provide information regarding fire loss to certain agencies upon request
Status: in_force

50-63-401 . Insurer to provide information regarding fire loss to certain agencies upon request. Each insurer engaged in issuing fire insurance policies in the state of Montana shall upon written request of any appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, release to the requesting agency all information in its possession relating to a fire loss of real or personal property. The information may include but is not limited to:

(1) any insurance policy relevant to the fire loss under investigation and any application for the policy;

(2) premium payment records;

(3) the history of previous claims made by the insured for fire loss; and

(4) material relating to the investigation of the loss, including statements of any person, proof of loss, and other relevant evidence.
Mont. Code Ann. § 50-62-112 — MT Code / Title 50 / Chapter 62 / Part 1 / Section 50-62-112
50-62-112 Notice of violations
Status: in_force

50-62-112 . Notice of violations. (1) When the storage of class I or class II liquids, as defined in the fire code adopted by the department of justice, in a tank on a farm or ranch is not in compliance with rules promulgated by the department of justice, the person making the inspection or the department shall serve a written warning notice upon the owner or operator of the tank.

(2) The notice must specify the violations found and the time within which the violations must be corrected. A penalty may not be imposed if the violation is corrected within the time period allowed.
Mont. Code Ann. § 50-15-102 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-102
50-15-102 Statewide system of vital statistics to be established
Status: in_force

50-15-102 . Statewide system of vital statistics to be established. The department shall establish a statewide system of vital statistics and adopt rules for gathering, recording, using, amending, and preserving vital statistics and vital records.
Mont. Code Ann. § 50-49-201 — MT Code / Title 50 / Chapter 49 / Part 2 / Section 50-49-201
50-49-201 Short title -- purpose
Status: in_force

50-49-201 . Short title -- purpose. (1) This part may be cited as the "Montana Local Food Choice Act".

(2) The purpose of this part is to allow for the sale and consumption of homemade food and food products and to encourage the expansion of agricultural sales by ranches, farms, and home-based producers and the accessibility of homemade food and food products to informed end consumers by:

(a) facilitating the purchase and consumption of fresh and local agricultural products;

(b) enhancing the agricultural economy; and

(c) providing Montana citizens with unimpeded access to healthy food from known sources.
Mont. Code Ann. § 50-50-209 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-209
50-50-209 Cancellation of license
Status: in_force

50-50-209 . Cancellation of license. (1) Except as provided in subsection (2), the department may cancel the license of a retail food establishment if the department finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.

(2) A local regulatory authority may cancel a temporary food establishment permit if the local regulatory authority finds after proper investigation that the permitholder has:

(a) violated the provisions of this chapter or a rule promulgated under this chapter; and

(b) failed or refused to remedy or correct a violation that was the subject of the investigation.
Mont. Code Ann. § 50-32-201 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-201
50-32-201 General criteria to be considered
Status: in_force

50-32-201 . General criteria to be considered. In making a determination regarding a drug, the board shall consider the following:

(1) the actual or relative potential for abuse;

(2) the scientific evidence of its pharmacological effect, if known;

(3) the state of current scientific knowledge regarding the drug;

(4) the history and current pattern of abuse;

(5) the scope, duration, and significance of abuse;

(6) the risk to the public health;

(7) the potential of the drug to produce psychic or physiological dependence liability; and

(8) whether the drug is an immediate precursor of a drug already controlled under this chapter.
Mont. Code Ann. § 50-21-104 — MT Code / Title 50 / Chapter 21 / Part 1 / Section 50-21-104
50-21-104 Autopsies
Status: in_force

50-21-104 . Autopsies. All autopsies of a human body must be performed by a physician legally authorized to practice medicine in this state. Upon completion, the physician shall send a written report of the physician's findings, including the cause of death if determined, to the:

(1) physician attending the person at the time of death if other than the physician performing the autopsy;

(2) hospital or skilled nursing facility, upon request, where the person died or where the person was confined during the person's last illness to be retained as part of the permanent record of the hospital or skilled nursing facility;

(3) to the next of kin of the decedent or the representative of the decedent's estate upon request and to any other person lawfully requesting the report.
Mont. Code Ann. § 50-31-404 — MT Code / Title 50 / Chapter 31 / Part 4 / Section 50-31-404
50-31-404 Term hair dye not to include eyelash or eyebrow dyes
Status: in_force

50-31-404 . Term hair dye not to include eyelash or eyebrow dyes. For the purpose of 50-31-401 (5) and 50-31-403 , the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
Mont. Code Ann. § 50-31-505 — MT Code / Title 50 / Chapter 31 / Part 5 / Section 50-31-505
50-31-505 Duty of state or county attorneys to prosecute
Status: in_force

50-31-505 . Duty of state or county attorneys to prosecute. Each state attorney or county attorney to whom the department reports a violation of this chapter shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Mont. Code Ann. § 50-32-609 — MT Code / Title 50 / Chapter 32 / Part 6 / Section 50-32-609
50-32-609 Good Samaritan protections
Status: in_force

50-32-609 . Good Samaritan protections. (1) The provisions of 45-5-626 , 45-9-102 , 45-9-107 , and 45-10-103 do not apply to:

(a) a person who, acting in good faith, seeks medical assistance for another person who is experiencing an actual or reasonably perceived drug-related overdose if the evidence supporting an arrest, charge, or prosecution was obtained as a result of the person's seeking medical assistance for another person; or

(b) a person who experiences a drug-related overdose and is in need of medical assistance if the evidence supporting an arrest, charge, or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.

(2) The provisions of 45-9-102 , 45-9-107 , and 45-10-103 do not apply to a pregnant woman seeking or receiving evaluation, treatment, or support services for a substance use disorder.

(3) The provisions of 45-5-601 (2)(a) do not apply to a person reporting a crime under 45-5-502 or 45-5-503 .

(4) A person's pretrial release, probation, furlough, supervised release, or parole may not be revoked based on an incident for which the person would be immune from arrest, charge, or prosecution under this section.

(5) A person's act of providing first aid or other medical assistance to a person who is experiencing an actual or reasonably perceived drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under this section.

(6) This section may not be construed to:

(a) bar the admissibility of evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualified for limited immunity under this section;

(b) limit, modify, or remove immunity from liability currently available to public entities, public employees, or prosecutors or by law; or

(c) create a new cause of action or other source of criminal liability for a pregnant woman with a substance use disorder who does not seek or receive evaluation, treatment, or support services for a substance use disorder.
Mont. Code Ann. § 50-15-207 — MT Code / Title 50 / Chapter 15 / Part 2 / Section 50-15-207
50-15-207 New birth certificate upon proof of legitimation
Status: in_force

50-15-207 . New birth certificate upon proof of legitimation. Upon receipt of proof of legitimation, the department shall prepare a new birth certificate in the new name of the person legitimated. Evidence upon which the new certificate is based and the original birth certificate shall be sealed and may be opened only upon court order. In case of legitimation, the department shall substitute records in the way provided in 50-15-304 (2) for records of adoption.
Mont. Code Ann. § 50-73-417 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-417
50-73-417 Right to hearing
Status: in_force

50-73-417 . Right to hearing. (1) An operator notified of an order made under 50-73-412 may apply to the department for a hearing, revision, or amendment of the order. When the department after a hearing upon complaint or upon its own motion finds that danger throughout the area of the mine as set out in the order existed at the time of making the inspection, it shall make an order denying a revision or amendment. However, if it finds that the danger did not exist throughout the area of the mine, it shall make an order consistent with its findings, revising or amending the order under review.

(2) An operator notified of an order made under 50-73-413 , as amended, may apply to the department for a hearing or revision of the order. If the department finds that there was no violation, it shall make an order rescinding the order under review. If the department finds that there was a violation but the violation has since been abated, it shall make an order rescinding the order under review. If the department finds that the violation was not totally abated, it shall make an order consistent with its findings.
Mont. Code Ann. § 50-60-105 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-105
50-60-105 Hearings authorized
Status: in_force

50-60-105 . Hearings authorized. The department may hold hearings relating to the administration of parts 1 through 7 in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-79-104 — MT Code / Title 50 / Chapter 79 / Part 1 / Section 50-79-104
50-79-104 Exemptions -- sources, diagnosis, and therapy
Status: in_force

50-79-104 . Exemptions -- sources, diagnosis, and therapy. (1) This chapter does not apply to the following sources or conditions:

(a) electrical equipment that is not intended primarily to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than one-tenth the appropriate limit for any critical organ exposed. The production testing or production servicing of such equipment is not exempt.

(b) radiation machines during process of manufacture or in storage or transit;

(c) any radioactive material while being transported in conformity with regulations adopted by the nuclear regulatory commission or any successor thereto or the interstate commerce commission and specifically applicable to the transportation of such radioactive materials.

(2) No exemptions under this section are granted for those quantities or types of activities that do not comply with the established rules promulgated by the nuclear regulatory commission or by any successor thereto.

(3) The provisions of this chapter may not be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
Mont. Code Ann. § 50-71-122 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-122
50-71-122 Safety consultation services
Status: in_force

50-71-122 . Safety consultation services. The department may, in its sole discretion, provide onsite safety consultation services to public sector employers and private sector employers that request onsite safety consultation services.
Mont. Code Ann. § 50-73-413 — MT Code / Title 50 / Chapter 73 / Part 4 / Section 50-73-413
50-73-413 Procedure when noncompliance not likely to cause death or serious injury
Status: in_force

50-73-413 . Procedure when noncompliance not likely to cause death or serious injury. If upon an inspection or investigation the department finds that there has been a failure to comply with a mandatory standard that is applicable to the mine, but that the failure to comply has not created a danger that could reasonably be expected to cause death or serious physical harm in the mine immediately or before the threat of the danger can be eliminated, it shall determine what would be a reasonable period of time within which the violation should be totally abated and issue a notice fixing a reasonable time for the abatement of the violation. If, upon the expiration of the period of time as originally fixed or extended, the department finds that the violation has not been totally abated and if it also finds that the period of time should not be further extended, it shall also find the extent of the area that is affected by the violation. The department shall order the operator of the mine to have all persons in the area to be withdrawn from and excluded from entering the area, excepting the following persons whose presence in the area is necessary to abate the violation described in the order:

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

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

(3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.
Mont. Code Ann. § 50-16-705 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-705
50-16-705 Rulemaking authority
Status: in_force

50-16-705 . Rulemaking authority. The department shall adopt rules to:

(1) define what constitutes an exposure to an infectious disease;

(2) specify the infectious diseases subject to this part;

(3) specify the information about an exposure that must be included in a report of exposure;

(4) specify recommended medical precautions and treatment for each infectious disease subject to this part; and

(5) specify recordkeeping and reporting requirements necessary to ensure compliance with the notification requirements of this part.
Mont. Code Ann. § 50-37-103 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-103
50-37-103 Unlawful sale, transportation, or use of fireworks
Status: in_force

50-37-103 . Unlawful sale, transportation, or use of fireworks. (1) It is unlawful to possess, sell, transport, or use any fireworks within the state except as provided in this chapter.

(2) It is unlawful for an individual under the age of 18 to possess for sale, sell, or offer for sale within the state permissible fireworks enumerated in 50-37-105 .

(3) It is unlawful for a wholesaler to sell or offer for sale within the state fireworks without a current fireworks wholesaler permit or in violation of 50-37-105 . It is lawful for a wholesaler, however, to transport fireworks within Montana for sale outside of the state.

(4) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 by mail order solicitation.

(5) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 within 300 feet of a hospital or church.

(6) It is unlawful for an individual, firm, partnership, or corporation to discharge or cause to be discharged any pyrotechnics, fireworks as defined in 50-37-101 , or permissible fireworks as enumerated in 50-37-105 :

(a) within the exterior boundaries of a state forest, state park, or state recreation area;

(b) within 100 feet of a fireworks retail sales location;

(c) from, inside, or toward a motor vehicle; or

(d) in the vicinity of another person or group of people or any animal in a manner likely to expose them to the risk of injury.
Mont. Code Ann. § 50-48-109 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-109
50-48-109 Civil penalties -- injunctions not barred
Status: in_force

50-48-109 . Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted under 50-48-103 or 50-48-203 is subject to a civil penalty not to exceed $500 for each violation.

(2) An action to impose civil penalties under this section does not bar actions for injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted under 50-48-103 or 50-48-203 .
Mont. Code Ann. § 50-39-107 — MT Code / Title 50 / Chapter 39 / Part 1 / Section 50-39-107
50-39-107 Rulemaking authority
Status: in_force

50-39-107 . Rulemaking authority. The department of labor and industry may adopt rules to implement this part.
Mont. Code Ann. § 50-16-544 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-544
50-16-544 Procedure for adding correction, amendment, or statement of disagreement
Status: in_force

50-16-544 . Procedure for adding correction, amendment, or statement of disagreement. (1) In making a correction or amendment, the health care provider shall:

(a) add the amending information as a part of the health record; and

(b) mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.

(2) If the health care provider maintaining the record of the patient's health care information refuses to make the patient's proposed correction or amendment, the provider shall:

(a) permit the patient to file as a part of the record of the patient's health care information a concise statement of the correction or amendment requested and the reasons for the correction or amendment; and

(b) mark the challenged entry to indicate that the patient claims the entry is inaccurate or incomplete and indicate the place in the record where the statement of disagreement is located, in a manner practicable under the circumstances.
Mont. Code Ann. § 50-4-804 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-804
50-4-804 Rulemaking authority
Status: in_force

50-4-804 . Rulemaking authority. (1) The department shall adopt rules necessary for the administration of this part.

(2) The rules may include but are not limited to:

(a) eligibility requirements for entities applying for grants;

(b) criteria for awarding grants; and

(c) reporting procedures for grant recipients.

(3) The rules establishing eligibility for state grants must reflect the national model established for federally qualified community health centers receiving section 330 funds as provided by the Public Health Service Act, 42 U.S.C. 254b.
Mont. Code Ann. § 50-31-307 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-307
50-31-307 Dispensing of prescription drugs
Status: in_force

50-31-307 . Dispensing of prescription drugs. (1) A drug intended for use by humans that is included in one of the categories in subsection (2) may be dispensed only if a practitioner licensed by law to administer or prescribe the drug:

(a) provides a written prescription;

(b) transmits the prescription directly to the pharmacy by electronic means or directly dispenses the drug pursuant to 37-2-104 ;

(c) provides an oral prescription that is reduced promptly to writing and filed by the pharmacist or practitioner, if the practitioner dispenses the drug; or

(d) authorizes the refilling of a written, electronic, or oral prescription either in the original prescription or by an oral order that is reduced promptly to writing and filed by the pharmacist or practitioner, if the practitioner fills the prescription.

(2) A drug must be dispensed as provided in subsection (1) if the drug:

(a) is a habit-forming drug to which 50-31-306 (1)(d) applies;

(b) because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer or prescribe the drug; or

(c) is limited by an approved application under section 505 of the federal act (21 U.S.C. 355) or 50-31-311 to use under the professional supervision of a practitioner licensed by law to administer or prescribe the drug.

(3) If the drug is a factory prepackaged contraceptive, other than mifepristone, it may be dispensed as provided in subsection (1) or by a registered nurse employed by a family planning clinic under contract with the department of public health and human services pursuant to a physician's written protocol specifying the circumstances under which dispensing is appropriate and pursuant to the board of pharmacy's rules concerning labeling, storage, and recordkeeping of drugs.

(4) The act of dispensing a drug contrary to the provisions of this section is considered an act that results in a drug being misbranded while held for sale.
Mont. Code Ann. § 50-2-115 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-115
50-2-115 Legal adviser to local boards
Status: in_force

50-2-115 . Legal adviser to local boards. The county attorney shall serve as legal adviser to local boards as established by 50-2-104 and 50-2-106 . The county attorney shall represent the local board in those matters relating to the functions, powers, and duties of local boards.
Mont. Code Ann. § 50-20-702 — MT Code / Title 50 / Chapter 20 / Part 7 / Section 50-20-702
50-20-702 Legislative findings and purpose
Status: in_force

50-20-702 . Legislative findings and purpose. The purpose of this part is to further the important and compelling state interests of:

(1) protecting the health and welfare of a woman considering a chemical abortion;

(2) ensuring that a medical practitioner examines a woman prior to dispensing an abortion-inducing drug in order to confirm the gestational age of the unborn child, the intrauterine location of the unborn child, and that the unborn child is alive because the routine administration of an abortion-inducing drug following spontaneous miscarriage is unnecessary and exposes the woman to unnecessary risks associated with the abortion-inducing drug;

(3) ensuring that a medical practitioner does not prescribe or dispense an abortion-inducing drug after 70 days have elapsed since the first day of a woman's last menstrual period;

(4) reducing the risk that a woman may elect an abortion only to discover later, with devastating psychological consequences, that the woman's decision was not fully informed;

(5) ensuring that a woman considering a chemical abortion receives comprehensive information on abortion-inducing drugs, including the potential to reverse the effects of the drugs if the woman changes the woman's mind, and that a woman submitting to an abortion does so only after giving voluntary and fully informed consent to the procedure; and

(6) promoting the health and safety of women by adding to the sum of medical and public health knowledge through the compilation of relevant data on chemical abortions performed in the state as well as data on all medical complications and maternal deaths resulting from these abortions.
Mont. Code Ann. § 50-32-307 — MT Code / Title 50 / Chapter 32 / Part 3 / Section 50-32-307
50-32-307 Manufacture and distribution limited by registration
Status: in_force

50-32-307 . Manufacture and distribution limited by registration. Registration under 50-32-306 does not entitle a registrant to manufacture and distribute dangerous drugs in Schedule I or II other than those specified in the registration.
Mont. Code Ann. § 50-74-318 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-318
50-74-318 Qualifications of boiler inspectors -- fees for inspections
Status: in_force

50-74-318 . Qualifications of boiler inspectors -- fees for inspections. (1) A person employed by the department to enter premises and inspect boilers or machinery subject to this chapter must:

(a) have 5 years of actual experience in the operation or inspection of boilers or steam-driven equipment; and

(b) hold or possess the necessary qualifications to obtain either a stationary engineer's license or a commission issued by the national board of boiler and pressure vessel inspectors.

(2) The department shall establish a schedule of fees and may collect fees for the inspection of boilers prior to the issuance of a boiler operating certificate. The fees must be commensurate with the cost of the inspections and with appropriations for other purposes.
Mont. Code Ann. § 50-19-403 — MT Code / Title 50 / Chapter 19 / Part 4 / Section 50-19-403
50-19-403 Local fetal, infant, child, and maternal mortality review team
Status: in_force

50-19-403 . Local fetal, infant, child, and maternal mortality review team. (1) A local fetal, infant, child, and maternal mortality review team must be approved by the department of public health and human services. Approval may be given if:

(a) the county health department, a tribal health department if the tribal government agrees, or both are represented on the team and the plan provided for in subsection (1)(e) includes the roles of the county health department, tribal health department, or both;

(b) a lead person has been designated for the purposes of management of the review team;

(c) at least five of the individuals listed in subsection (2) have agreed to serve on the review team;

(d) a team reviewing a maternal death includes at least one obstetrician, one family practice physician, or one physician assistant whose experience includes obstetrical care; and

(e) the team has developed a plan that includes, at a minimum, operating policies of the review team covering collection and destruction of information obtained pursuant to 44-5-303 (4) or 50-19-402 (2).

(2) If a local fetal, infant, child, and maternal mortality review team is established, the team must be multidisciplinary and may include only:

(a) the county attorney or a designee;

(b) a law enforcement officer;

(c) the medical examiner or coroner for the jurisdiction;

(d) a physician;

(e) a school district representative;

(f) a representative of the local health department;

(g) a representative from a tribal health department, appointed by the tribal government;

(h) a representative from a neighboring county or tribal government if there is an agreement to review deaths for that county or tribe;

(i) a representative of the department of public health and human services;

(j) a forensic pathologist;

(k) a pediatrician;

(l) a family practice physician;

(m) an obstetrician;

(n) a nurse practitioner;

(o) a public health nurse;

(p) a mental health professional;

(q) a local trauma coordinator;

(r) a representative of the bureau of Indian affairs or the Indian health service, or both, who is located within the county;

(s) a physician assistant; and

(t) representatives of the following:

(i) local emergency medical services;

(ii) a local hospital;

(iii) a local hospital medical records department;

(iv) a local governmental fire agency organized under Title 7, chapter 33; and

(v) the local registrar.

(3) The designated lead person for the team shall submit membership lists to the department of public health and human services annually.
Mont. Code Ann. § 50-50-206 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-206
50-50-206 License not transferable
Status: in_force

50-50-206 . License not transferable. Licenses are not transferable or applicable to any premises other than that for which the license was issued.
Mont. Code Ann. § 50-4-516 — MT Code / Title 50 / Chapter 4 / Part 5 / Section 50-4-516
50-4-516 Short title
Status: in_force

50-4-516 . Short title. Sections 50-4-516 through 50-4-518 may be cited as the "Patient's Right to Know of Insurance Coverage Provisions Act".
Mont. Code Ann. § 50-32-225 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-225
50-32-225 Criteria for placement of drug in Schedule III
Status: in_force

50-32-225 . Criteria for placement of drug in Schedule III. The board shall place a drug in Schedule III if it finds that:

(1) the drug has a potential for abuse less than the drugs listed in Schedules I and II;

(2) the drug has currently accepted medical use in treatment in the United States; and

(3) abuse of the drug may lead to moderate or low physical dependence or high psychological dependence.
Mont. Code Ann. § 50-2-110 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-110
50-2-110 City board appropriations
Status: in_force

50-2-110 . City board appropriations. City boards are financed by an appropriation from the general fund of the city after approval of a budget in the way provided for other city offices and departments under Title 7, chapter 6, part 42.
Mont. Code Ann. § 50-77-103 — MT Code / Title 50 / Chapter 77 / Part 1 / Section 50-77-103
50-77-103 Planking above scaffolds
Status: in_force

50-77-103 . Planking above scaffolds. In buildings more than three stories high where persons are working on a scaffold or scaffolds on the outside of such buildings, such persons shall be protected by well secured planking set over the heads of such persons for the full width of the scaffolding on which they are working if another story or stories are being raised above such persons during the time they are working on such outside scaffold or scaffolding.
Mont. Code Ann. § 50-49-101 — MT Code / Title 50 / Chapter 49 / Part 1 / Section 50-49-101
50-49-101 Short title
Status: in_force

50-49-101 . Short title. This part may be cited as the "Montana Access to Food and Nutrition Act".
Mont. Code Ann. § 50-53-213 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-213
50-53-213 Compliance with corrective action plan as bar to further administrative enforcement
Status: in_force

50-53-213 . Compliance with corrective action plan as bar to further administrative enforcement. The department may not deny, suspend, or cancel the license or require corrective action of an operator of a public swimming pool or public bathing place who received a notice of violation from the department pursuant to 50-53-212 if:

(1) the operator submits a plan to correct the violation to the department within 10 days of service of the notice;

(2) the department approves the plan in writing, including the time in which the plan must be complied with; and

(3) the operator complies with the plan within the time period prescribed by the department.
Mont. Code Ann. § 50-32-202 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-202
50-32-202 Designation of drug as dangerous drug
Status: in_force

50-32-202 . Designation of drug as dangerous drug. After considering the factors enumerated in 50-32-201 , the board shall make findings with respect thereto, and if it finds the drug has a potential for abuse, it shall designate such drug a dangerous drug in the manner set forth in the Montana Administrative Procedure Act.
Mont. Code Ann. § 50-9-106 — MT Code / Title 50 / Chapter 9 / Part 1 / Section 50-9-106
50-9-106 Consent by others to withholding or withdrawal of treatment
Status: in_force

50-9-106 . Consent by others to withholding or withdrawal of treatment. (1) If a written consent to the withholding or withdrawal of the treatment, witnessed by two individuals, is given to the attending physician or attending advanced practice registered nurse, the attending physician or attending advanced practice registered nurse may withhold or withdraw life-sustaining treatment from an individual who:

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

(b) has no effective declaration.

(2) The authority to consent or to withhold consent under subsection (1) may be exercised by the following individuals, in order of priority:

(a) the spouse of the individual;

(b) an adult child of the individual or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

(c) the parents of the individual;

(d) an adult sibling of the individual or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or

(e) the nearest other adult relative of the individual by blood or adoption who is reasonably available for consultation.

(3) A full guardian may consent or withhold consent under subsection (1) as provided in 72-5-321 .

(4) If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide or if it declines to decide, the next class is authorized to decide. However, an equal division in a class does not authorize the next class to decide.

(5) A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the individual.

(6) A decision of the attending physician or attending advanced practice registered nurse acting in good faith that a consent is valid or invalid is conclusive.

(7) Life-sustaining treatment cannot be withheld or withdrawn pursuant to this section 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. § 50-4-801 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-801
50-4-801 Short title
Status: in_force

50-4-801 . Short title. This part may be cited as the "Montana Community Health Center Support Act".
Mont. Code Ann. § 50-60-214 — MT Code / Title 50 / Chapter 60 / Part 2 / Section 50-60-214
50-60-214 Alteration of primary function area
Status: in_force

50-60-214 . Alteration of primary function area. (1) An alteration that affects or could affect the use of or access to a primary function area in a public building must be made to ensure, to the extent possible, that the path of travel to the altered primary function area and the restrooms, telephones, and drinking fountains serving the altered primary function area are readily accessible and usable by persons with disabilities.

(2) (a) A person or entity is not required to make alterations to provide an accessible path of travel to an altered primary function area if in terms of cost and scope the alterations to the path of travel are disproportionate to the cost of the alterations to the primary function area. Alterations to a path of travel to an altered primary function area must be considered disproportionate if the cost exceeds 20% of the cost of the alterations to the primary function area. This subsection does not prohibit an expenditure to alter a path of travel that exceeds 20% of the cost of the alterations to a primary function area.

(b) If the cost of altering a path of travel to an altered primary function area is disproportionate as provided in subsection (2)(a), the path of travel must be made accessible to the extent possible without incurring disproportionate costs. The alterations to the path of travel must be made by providing, in the following order or priority:

(i) an accessible entrance and accessible exterior route to the accessible entrance from accessible parking and passenger loading zones or from a public sidewalk if the public sidewalk is immediately adjacent to the public building site;

(ii) an accessible path of travel to the altered primary function area;

(iii) accessible restrooms for each sex, as defined in 1-1-201 , or a single unisex restroom when allowed by the applicable building code; and

(iv) accessible elements, including but not limited to storage spaces and alarms.

(3) A person or entity subject to the provisions of this section is also subject to the provisions of 50-60-213 (5)(a) and (5)(b).
Mont. Code Ann. § 50-52-102 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-102
50-52-102 Department to adopt rules
Status: in_force

50-52-102 . Department to adopt rules. The department may adopt rules for constructing and operating campgrounds, trailer courts, work camps, and youth camps to protect the public health and safety. The rules may include rules to:

(1) ensure that establishments have safe and sanitary facilities and systems, including drinking water, sewage disposal, and solid waste disposal systems;

(2) regulate service buildings or facilities associated with any activity regulated by this chapter, including laundry and food service facilities;

(3) provide for review and approval of plans and specifications for establishments;

(4) address nuisances that could cause the spread of disease or illness;

(5) implement staggered license expiration dates;

(6) address licensing of establishments under this chapter and operator requirements; and

(7) provide for reimbursing local governments for inspections and enforcement of this chapter.
Mont. Code Ann. § 50-20-803 — MT Code / Title 50 / Chapter 20 / Part 8 / Section 50-20-803
50-20-803 Definitions
Status: in_force

50-20-803 . Definitions. As used in this part, the following definitions apply:

(1) "Abortion clinic" means a health care provider that performs any abortion procedure or provides an abortion-inducing drug.

(2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance provided, prescribed, or dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child.

(b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion.

(c) The term does not include a drug that may be known to cause an abortion that is prescribed for other medical indications.

(3) "Born alive" means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after expulsion or extraction, breathes, has a beating heart, or has definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, induced abortion, or another method.

(4) "Health care provider" means an individual who may be asked to participate in any way in a health care service or procedure, including but not limited to a physician, physician's assistant, nurse, certified nursing assistant, medical assistant, hospital employee, medical facility employee, or abortion clinic employee.

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

(6) "Medical facility" means a public or private hospital, clinic, center, medical school, medical training institute, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care or treatment is provided to an individual.

(7) "Purposely" has the meaning provided in 45-2-101 .
Mont. Code Ann. § 50-57-305 — MT Code / Title 50 / Chapter 57 / Part 3 / Section 50-57-305
50-57-305 Department to pay local health board for inspections and enforcement
Status: in_force

50-57-305 . Department to pay local health board for inspections and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health an amount from the local board inspection fund account, created in 50-2-108 , that may be used only for the purpose of inspecting establishments under this chapter and enforcing the provisions of this chapter. However, a payment may be made only if:

(a) there is a functioning local board of health; and

(b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i) assist in inspections and enforcement of the provisions of this chapter and rules adopted under this chapter; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.

(3) Funds in the local board inspection fund account not paid to the local board of health, as provided in subsection (1), may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and rules adopted under this chapter.
Mont. Code Ann. § 50-8-101 — MT Code / Title 50 / Chapter 8 / Part 1 / Section 50-8-101
50-8-101 Definitions
Status: in_force

50-8-101 . 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) "Facility" means:

(a) nonmedical facilities including:

(i) mental health transitional living facilities; and

(ii) inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;

(b) community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;

(c) youth care facilities;

(d) public accommodations, including roominghouses, retirement homes, hotels, and motels;

(e) health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;

(f) freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and

(g) assisted living facilities.

(3) "Inspecting authority" means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure.

(4) "Licensing agency" means the agency that is authorized by statute to issue the license.
Mont. Code Ann. § 50-37-106 — MT Code / Title 50 / Chapter 37 / Part 1 / Section 50-37-106
50-37-106 Sale of fireworks restricted to certain dates
Status: in_force

50-37-106 . Sale of fireworks restricted to certain dates. A person, firm, or corporation may offer permissible fireworks, as defined in 50-37-105 , of any kind for sale at retail only during the following periods:

(1) June 24 through July 5; and

(2) December 29 through December 31.
Mont. Code Ann. § 50-20-1003 — MT Code / Title 50 / Chapter 20 / Part 10 / Section 50-20-1003
50-20-1003 Dismemberment abortion procedures prohibited -- penalty
Status: in_force

50-20-1003 . Dismemberment abortion procedures prohibited -- penalty. (1) Except in a medical emergency, a person may not purposely or knowingly perform, induce, or attempt to perform or induce a dismemberment abortion procedure.

(2) A person who violates this section is guilty of a felony and on conviction shall be punished by a fine in an amount not to exceed $50,000, imprisonment for a term of not less than 5 years and not more than 10 years, or both.

(3) A woman on whom an abortion is performed, induced, or attempted in violation of this part may not be prosecuted for conspiracy to commit a violation of this part.
Mont. Code Ann. § 50-79-401 — MT Code / Title 50 / Chapter 79 / Part 4 / Section 50-79-401
50-79-401 Administrative hearings
Status: in_force

50-79-401 . Administrative hearings. In a proceeding under this chapter for granting, suspending, revoking, or amending a license or for determining compliance with or granting exceptions from rules adopted under this chapter, the board of environmental review shall first afford an opportunity for a hearing on the record upon the request of a person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding.
Mont. Code Ann. § 50-16-546 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-546
50-16-546 Digital health care information -- confidentiality -- penalties -- additional requirements -- definition
Status: in_force

50-16-546 . Digital health care information -- confidentiality -- penalties -- additional requirements -- definition. (1) A mental health digital service is subject to the disclosure and confidentiality provisions of Title 50, chapter 16, part 5, when handling health care information as defined in 50-16-504 on behalf of an individual.

(2) A violation of this section may be enforced as provided in 50-16-552 , and a person whose information is disclosed in violation of Title 50, chapter 16, part 5, may pursue the remedies allowed in 50-16-553 .

(3) "Mental health digital service" means a mobile-based application or internet website that:

(a) collects, obtains, uses, possesses, or accesses information related to an individual's inferred or diagnosed mental health or substance use disorder;

(b) markets itself as facilitating mental health or substance use disorder services to an individual; and

(c) uses the information provided to facilitate mental health services, including diagnosis, treatment, suggested therapies, and management of the mental health or substance use disorder for an individual.
Mont. Code Ann. § 50-60-601 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-601
50-60-601 Purpose
Status: in_force

50-60-601 . Purpose. The purpose of this part is to protect the health and safety of the people of this state from the danger of electrically caused shocks, fires, and explosions; to protect property from the hazard of electrically caused fires and explosions; to establish a procedure for determining where and by whom electrical installations are to be made; and to insure that the electrical installations and electrical products made and sold in this state meet minimum safety standards.
Mont. Code Ann. § 50-74-204 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-204
50-74-204 Joint or separate inspection authorized -- inspectors to certify inspection under seal
Status: in_force

50-74-204 . Joint or separate inspection authorized -- inspectors to certify inspection under seal. In making an inspection of the boilers and machinery herein provided for, the inspectors may act jointly or separately, but the inspector or assistant inspector making such inspection must in all cases certify the same under the seal of the inspector of boilers and safety.
Mont. Code Ann. § 50-32-230 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-230
50-32-230 Board authorized to exempt certain compounds, mixtures, or preparations from Schedule IV
Status: in_force

50-32-230 . Board authorized to exempt certain compounds, mixtures, or preparations from Schedule IV. The board may except by rule any compound, mixture, or preparation containing any depressant drug listed in 50-32-229 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 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 depressant effect on the central nervous system.
Mont. Code Ann. § 50-48-110 — MT Code / Title 50 / Chapter 48 / Part 1 / Section 50-48-110
50-48-110 Costs and expenses -- recovery by regulatory authority
Status: in_force

50-48-110 . Costs and expenses -- recovery by regulatory authority. In a civil action initiated by the regulatory authority under 50-48-106 or 50-48-109 , the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or a rule adopted under 50-48-103 or 50-48-203 to pay the costs of investigations and any other expenses incurred. These costs are limited to the direct costs of investigations and other expenses.
Mont. Code Ann. § 50-12-201 — MT Code / Title 50 / Chapter 12 / Part 2 / Section 50-12-201
50-12-201 Legislative findings -- purpose
Status: in_force

50-12-201 . Legislative findings -- purpose. (1) The legislature finds that:

(a) individuals who are experiencing complex, chronic health issues that affect their quality of life should be offered palliative care as a treatment option;

(b) palliative care is appropriate at any age and any stage of a disease and can be provided in conjunction with curative treatments; and

(c) palliative care includes but is not limited to discussions of an individual's treatment goals and options, including, when appropriate, discussion of comprehensive pain and symptom management and of hospice care.

(2) It is the purpose of this part to ensure that individuals who could benefit from palliative care are made aware of their options through a consumer education program and an informed workforce trained in the benefits of palliative care.
Mont. Code Ann. § 50-48-206 — MT Code / Title 50 / Chapter 48 / Part 2 / Section 50-48-206
50-48-206 Health officers to make investigations and inspections -- free access
Status: in_force

50-48-206 . Health officers to make investigations and inspections -- free access. (1) State and local health officers or their designees shall conduct investigations and inspections of establishments.

(2) State and local health officers or their designees must be provided access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under subsection (1).

(3) If a local board of health inspection and regulatory program is being operated in lieu of a department program, the local board of health and not the department has the duty and authority provided in this section.
Mont. Code Ann. § 50-5-116 — MT Code / Title 50 / Chapter 5 / Part 1 / Section 50-5-116
50-5-116 Facility inspections
Status: in_force

50-5-116 . Facility inspections. (1) In addition to its annual licensure inspections, as provided by 50-5-204 , the department may inspect any facility for compliance with part 1 or 2 of this chapter or for compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.

(2) An authorized representative of the department may inspect a facility and associated property without prior notice to the owner or staff of the facility whenever the department considers it necessary. The authorized representative must be given access to all records and an opportunity to copy the records.
Mont. Code Ann. § 50-50-126 — MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-126
50-50-126 Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions
Status: in_force

50-50-126 . Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions. (1) A retail food establishment that is owned and operated by a nonprofit organization may use commercially processed meat from wild game and fish taken in Montana in meals served to individuals at no charge.

(2) The department may adopt food safety rules for the implementation of this section.

(3) For the purposes of this section, the following terms apply:

(a) "Commercially processed meat" means wild game or fish processed by a person, firm, or corporation that has a valid meat establishment license pursuant to 81-9-201 .

(b) "Nonprofit organization" means an organization exempt from taxation under 26 U.S.C. 501(c)(3), as amended.
Mont. Code Ann. § 50-8-105 — MT Code / Title 50 / Chapter 8 / Part 1 / Section 50-8-105
50-8-105 Inspections by employees of other department
Status: in_force

50-8-105 . Inspections by employees of other department. (1) Each department may, by joint rule with a state agency or by interlocal agreement with other governmental entities, authorize departmental employees to perform specific health and safety inspections for certain classes of facilities under the jurisdiction of another department or agency. Such inspections may be limited by type of facility, scope of inspection, and type of inspection, such as original application, renewal application, routine or unannounced inspection, or other identifiable inspection situations.

(2) The inspecting authority, prior to authorizing employees of another department or agency to make an inspection, may require minimal standards of knowledge or training relevant to the type of inspection to be conducted. The inspecting authority may require periodic reexamination of such employees for necessary knowledge and ability.

(3) The inspecting authority delegates authority to the employees of another department or agency and is responsible for the quality of the inspections. The inspecting authority shall perform an inspection delegated to such an employee if the other department or agency or the head of the facility believes that the inspection situation is unique or that the employee is in error. The result of an inspection by the inspecting authority takes precedence over an inspection by an employee of another department or agency.
Mont. Code Ann. § 50-2-105 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-105
50-2-105 City boards of health
Status: in_force

50-2-105 . City boards of health. (1) There is a city board of health in each first- and second-class city consisting of five persons who are appointed by the governing body of the city and serve at its pleasure.

(2) Terms of appointed members shall be staggered and shall be for 3 years each.

(3) The governing body of the city shall establish the staggered order of terms and all regulations necessary to establish and maintain the board.
Mont. Code Ann. § 50-74-301 — MT Code / Title 50 / Chapter 74 / Part 3 / Section 50-74-301
50-74-301 License required to operate boilers and steam engines
Status: in_force

50-74-301 . License required to operate boilers and steam engines. All boilers and steam engines, except as exempted in 50-74-103 , come under the provisions of this chapter, and persons operating same are required to hold the proper grade of license.
Mont. Code Ann. § 50-5-212 — MT Code / Title 50 / Chapter 5 / Part 2 / Section 50-5-212
50-5-212 Organ procurement program required
Status: in_force

50-5-212 . Organ procurement program required. The administrator of a hospital licensed under this chapter shall as a condition of licensure under 50-5-201 :

(1) establish a written protocol for the identification of potential organ donors that:

(a) ensures that families of potential organ donors are made aware of the option of organ or tissue donation and their option to decline;

(b) encourages discretion and sensitivity with respect to the circumstances, views, and beliefs of families of potential organ donors; and

(c) requires that a qualified organ procurement agency be notified of potential organ donors;

(2) designate and train a person or persons to represent the administrator for purposes of requesting an anatomical gift as provided in 72-17-213 ; and

(3) make known to the public that the hospital has an organ procurement program as described in subsection (1).
Mont. Code Ann. § 50-51-212 — MT Code / Title 50 / Chapter 51 / Part 2 / Section 50-51-212
50-51-212 Cancellation of license for multiple-type establishment -- definition
Status: in_force

50-51-212 . Cancellation of license for multiple-type establishment -- definition. (1) When a multiple-type establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion of it as determined by the department.

(2) For the purposes of this section, "multiple-type establishment" includes two or more of the following: bed and breakfast, hotel, motel, or tourist home.
Mont. Code Ann. § 50-6-506 — MT Code / Title 50 / Chapter 6 / Part 5 / Section 50-6-506
50-6-506 Exemptions
Status: in_force

50-6-506 . Exemptions. This part does not apply to the use of an AED by:

(1) a patient or the patient's caretaker if use of the AED is ordered by a physician; or

(2) a licensed health care professional, including an emergency care provider, whose scope of practice includes the use of an AED.
Mont. Code Ann. § 50-16-712 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-712
50-16-712 Notification to mortuary personnel -- exposure to infectious disease
Status: in_force

50-16-712 . Notification to mortuary personnel -- exposure to infectious disease. (1) A coroner, a health care facility, or a health care provider, as defined in 50-16-1003 , shall disclose information regarding the status of a deceased individual with regard to an infectious disease to personnel from a mortuary licensed under Title 37, chapter 19, at the time of transfer of the dead body or as soon after transfer as possible. The information must include whether the individual had an infectious disease at the time of death and the nature of the infectious disease.

(2) The mortuary personnel who receive the information provided in subsection (1) may not disclose the information except for purposes related directly to the preparation and disposition of the dead body.
Mont. Code Ann. § 50-52-101 — MT Code / Title 50 / Chapter 52 / Part 1 / Section 50-52-101
50-52-101 Definitions
Status: in_force

50-52-101 . Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Campground" means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes.

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

(3) "Establishment" means a campground, trailer court, work camp, or youth camp.

(4) "Parcel of land" means a unit of land all parts of which are contiguous, including contiguous lots, in the possession of, owned by, or managed by the same person.

(5) "Person" includes an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of a campground, trailer court, work camp, or youth camp.

(6) "Political subdivision" means any county, city, town, or other legally constituted unit of local government in this state.

(7) (a) "Trailer court" means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers or mobile homes for use as residences.

(b) The term does not include a parcel composed of platted lots, each lot of which:

(i) is filed with the county clerk and recorder;

(ii) contains only one trailer space; and

(iii) is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to Title 75, chapter 6, part 1, and that are located within the boundaries of an incorporated city or town.

(8) "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; mobile, modular, or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm.

(9) (a) "Youth camp" means a parcel of land on which permanent buildings, tents, or other structures are maintained as living quarters for 10 or more people and that is used primarily for educational or recreational use by minors. The term includes any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities.

(b) The term does not include any site used solely by the members and their families of a private organization that owns the site.
Mont. Code Ann. § 50-50-205 — MT Code / Title 50 / Chapter 50 / Part 2 / Section 50-50-205
50-50-205 License fee -- late fee -- preemption of local authority -- exception
Status: in_force

50-50-205 . License fee -- late fee -- preemption of local authority -- exception. (1) (a) Except as provided in subsection (6) or (7), the department shall collect for each license issued or renewed a fee as provided in subsection (1)(b). Of the fees collected under this section, 90% must be deposited into the local board inspection fund account created in 50-2-108 , 5% into the general fund, and 5% into the account provided for in 50-50-216 .

(b) License fees are:

(i) $150 for a small retail food establishment as defined in 50-50-102 ;

(ii) $225 for a medium retail food establishment as defined in 50-50-102 ;

(iii) $275 for a large retail food establishment as defined in 50-50-102 ;

(iv) $150 for a small mobile food establishment as defined in 50-50-102 ; and

(v) $225 for a large mobile food establishment as defined in 50-50-102 .

(2) (a) In addition to the license 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 a retail food establishment governed by this part in the next licensing year.

(b) The late fee must be deposited in the account provided for in 50-50-216 .

(3) A county or other local government may not impose an inspection fee or charge in addition to the fee provided for in subsection (1) unless a violation of this chapter or rule persists and is not corrected after two inspections of the retail food establishment.

(4) The fees in subsections (1) and (2) may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. However, the discounting of license fees may not reduce the fees paid into the local board inspection fund account established in 50-2-108 .

(5) The department shall collect a fee as provided in rule for each mobile food establishment plan submitted to the department for review.

(6) (a) A local health authority shall collect a fee, as provided in subsection (6)(b), for a permit issued for a temporary food establishment required to register under 50-50-120 .

(b) A fee charged to a temporary food establishment may not exceed the amount charged to a retail food establishment as provided in subsection (1).

(c) The local regulatory authority shall use the revenue from the fee collected under this subsection (6) to defray costs associated with issuing a temporary food establishment permit and the costs of inspections required under this chapter.

(7) A fee may not be charged to a person who sells or serves whole shell eggs at a farmer's market if the whole shell eggs are clean, free of cracks, and stored in clean cartons that are labeled in accordance with department rules and kept at a temperature established by the department by rule.
Mont. Code Ann. § 50-71-121 — MT Code / Title 50 / Chapter 71 / Part 1 / Section 50-71-121
50-71-121 Injunctive relief
Status: in_force

50-71-121 . Injunctive relief. In addition to any remedies available under this part, the department may institute and maintain in the name of the state an action for injunctive relief as provided in Title 27, chapter 19, to:

(1) immediately restrain a public sector employer and public sector employees from engaging in any activity for which the department has issued a temporary stop-work order pursuant to 50-71-120 ;

(2) enjoin a violation of this part;

(3) enjoin a violation of a rule, including a safety or health standard, adopted under this part; or

(4) require compliance with this part, including compliance with any rules adopted under this part.
Mont. Code Ann. § 50-40-101 — MT Code / Title 50 / Chapter 40 / Part 1 / Section 50-40-101
50-40-101 Short title
Status: in_force

50-40-101 . Short title. This part may be cited as the "Montana Clean Indoor Air Act of 1979".
Mont. Code Ann. § 50-51-302 — MT Code / Title 50 / Chapter 51 / Part 3 / Section 50-51-302
50-51-302 Health officers to have free access
Status: in_force

50-51-302 . Health officers 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. § 50-1-105 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-105
50-1-105 Policy -- purpose
Status: in_force

50-1-105 . Policy -- purpose. (1) It is the policy of the state of Montana that the health of the public be protected and promoted to the extent practicable through the public health system while respecting individual rights to dignity, privacy, and nondiscrimination.

(2) The purpose of Montana's public health system is to provide leadership and to protect and promote the public's health by:

(a) promoting conditions in which people can be healthy;

(b) providing or promoting the provision of public health services and functions, including:

(i) monitoring health status to identify and recommend solutions to community health problems;

(ii) investigating and diagnosing health problems and health hazards in the community;

(iii) informing and educating individuals about health issues;

(iv) coordinating public and private sector collaboration and action to identify and solve health problems;

(v) developing policies, plans, and programs that support individual and community health efforts;

(vi) implementing and enforcing laws and regulations that protect health and ensure safety;

(vii) linking individuals to needed personal health services and assisting with needed health care when otherwise unavailable;

(viii) to the extent practicable, providing a competent public health workforce;

(ix) evaluating effectiveness, accessibility, and quality of personal and population-based health services; and

(x) to the extent that resources are available, conducting research for new insights on and innovative solutions to health problems;

(c) encouraging collaboration among public and private sector partners in the public health system;

(d) seeking adequate funding and other resources to provide public health services and functions or accomplish public health system goals through public or private sources;

(e) striving to ensure that public health services and functions are provided and public health powers are used based upon the best available scientific evidence; and

(f) implementing the role of public health services and functions, health promotion, and preventive health services within the state health care system.

(3) Title 50, chapter 2, and this chapter may not be construed to require an individual or agency within the public health system to provide specific health services or to mandate state public health agencies and local public health agencies to implement unfunded programs.
Mont. Code Ann. § 50-32-106 — MT Code / Title 50 / Chapter 32 / Part 1 / Section 50-32-106
50-32-106 Board to encourage research
Status: in_force

50-32-106 . Board to encourage research. (1) The board shall encourage research on misuse and abuse of dangerous drugs.

(2) In connection with the research and in furtherance of the enforcement of this chapter, it may:

(a) establish methods to assess accurately the effects of dangerous drugs and identify and characterize those with potential for abuse;

(b) make studies and undertake programs of research to:

(i) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;

(ii) determine patterns of misuse and abuse of dangerous drugs and the social effects thereof; and

(iii) improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of dangerous drugs; and

(c) request the department to enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of dangerous drugs.

(3) The board may authorize persons engaged in research on the use and effects of dangerous drugs to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

(4) The board may authorize the possession and distribution of dangerous drugs by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of dangerous drugs to the extent of the authorization.
Mont. Code Ann. § 50-6-502 — MT Code / Title 50 / Chapter 6 / Part 5 / Section 50-6-502
50-6-502 Requirements for AED use
Status: in_force

50-6-502 . Requirements for AED use. In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:

(1) provide written notice of where the AED is to be placed to the public safety answering point for the jurisdiction where the AED is located;

(2) maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED; and

(3) each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible.
Mont. Code Ann. § 50-6-311 — MT Code / Title 50 / Chapter 6 / Part 3 / Section 50-6-311
50-6-311 Return of license for destruction or deletion
Status: in_force

50-6-311 . Return of license for destruction or deletion. On cancellation of a license, the license certificate shall be returned to the department for destruction or deletion as the department may direct in its notice of cancellation.
Mont. Code Ann. § 50-16-701 — MT Code / Title 50 / Chapter 16 / Part 7 / Section 50-16-701
50-16-701 Definitions
Status: in_force

50-16-701 . Definitions. As used in this part, the following definitions apply:

(1) "Airborne infectious disease" means an infectious disease transmitted from person to person by an aerosol, including but not limited to infectious tuberculosis.

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

(3) "Designated officer" means the emergency services organization's representative and the alternate whose names are on record with the department as the persons responsible for notifying an emergency services provider of exposure.

(4) "Emergency services organization" means a public or private organization that provides emergency services to the public.

(5) "Emergency services provider" means a person employed by or acting as a volunteer with an emergency services organization, including but not limited to a law enforcement officer, firefighter, emergency care provider, corrections officer, or ambulance service attendant.

(6) "Exposure" means the subjecting of a person to a risk of transmission of an infectious disease through the commingling of the blood or bodily fluids of the person and a patient or in another manner as defined by department rule.

(7) "Health care facility" has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102 .

(8) "Infectious disease" means human immunodeficiency virus infection, hepatitis B, hepatitis C, hepatitis D, communicable pulmonary tuberculosis, meningococcal meningitis, and any other disease capable of being transmitted through an exposure that has been designated by department rule.

(9) "Infectious disease control officer" means the person designated by the health care facility as the person who is responsible for notifying the emergency services provider's designated officer and the department of an infectious disease as provided for in this part and by rule.

(10) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
Mont. Code Ann. § 50-31-111 — MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-111
50-31-111 When labeling requirement complied with
Status: in_force

50-31-111 . When labeling requirement complied with. A requirement made by or under authority of this chapter that a word, statement, or other information shall appear on the label is not complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article or is easily legible through the outside container or wrapper.
Mont. Code Ann. § 50-30-202 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-202
50-30-202 Misbranded hazardous substance defined
Status: in_force

50-30-202 . Misbranded hazardous substance defined. (1) "Misbranded hazardous substance" means a hazardous substance (including a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted) intended or packaged in a form suitable for use by the public or by children which, except as otherwise provided under 50-30-216 or 50-30-217 , fails to bear a label:

(a) which states conspicuously:

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

(ii) the common or usual name or the chemical name (if there is not a common or usual name) of the hazardous substance or each component which contributes substantially to its hazard unless the department by rule permits or requires the use of a recognized generic name;

(iii) the signal word "danger" on substances which are extremely flammable, corrosive, or highly toxic;

(iv) the signal word on all other hazardous substances;

(v) an affirmative statement of the principal hazard or hazards, such as:

(A) "flammable";

(B) "combustible";

(C) "vapor harmful";

(D) "causes burns";

(E) "absorbed through skin"; or

(F) similar wording descriptive of the hazard;

(vi) precautionary measures describing the action to be followed or avoided, except when modified by a rule of the department under 50-30-216 or 50-30-217 ;

(vii) instruction, when necessary or appropriate, for first-aid treatment;

(viii) "poison" for any hazardous substance which is defined as "highly toxic" by 50-30-205 ; and

(ix) instructions for handling and storage of packages which require special care in handling or storage such as:

(A) "keep out of the reach of children" or its practical equivalent; or

(B) if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard; and

(b) on which a statement required under subsection (1)(a) of this section is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

(2) The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this subsection, the terms "food", "drug", and "cosmetic" shall have the same meanings as in the Montana Food, Drug, and Cosmetic Act.
Mont. Code Ann. § 50-1-203 — MT Code / Title 50 / Chapter 1 / Part 2 / Section 50-1-203
50-1-203 Public health inspections
Status: in_force

50-1-203 . Public health inspections. (1) The department may make public health inspections of schoolhouses, churches, theaters, jails, and other buildings or facilities where persons assemble. If public health deficiencies are found in the facility, the department may direct that conditions be corrected within a reasonable time.

(2) Either the department or a local board of health may bring an action, including an action for injunctive relief, to correct the public health deficiencies.
Mont. Code Ann. § 50-30-204 — MT Code / Title 50 / Chapter 30 / Part 2 / Section 50-30-204
50-30-204 Toxic defined
Status: in_force

50-30-204 . Toxic defined. "Toxic" means a substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption through any body surface.
Mont. Code Ann. § 50-4-109 — MT Code / Title 50 / Chapter 4 / Part 1 / Section 50-4-109
50-4-109 Interference prohibited
Status: in_force

50-4-109 . Interference prohibited. (1) A licensing board for a health care provider or another state agency may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against:

(a) a health care provider solely because the provider provides direct patient care; or

(b) a person solely because the person pays a direct fee for direct patient care.

(2) A health insurance issuer as defined in 33-22-140 or a health care provider may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against:

(a) a health care provider solely because the provider provides direct patient care; or

(b) a person solely because the person pays a direct fee for direct patient care.
Mont. Code Ann. § 50-15-114 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-114
50-15-114 Unlawful acts and penalties
Status: in_force

50-15-114 . Unlawful acts and penalties. (1) It is unlawful to disclose data in the vital statistics records of the department, local registrars, or county clerk and recorder unless disclosure is authorized by law.

(2) A person shall be fined not more than $1,000 or be imprisoned for not more than 1 year, or both, if:

(a) the person willfully and knowingly makes any false statement in a report, record, or certificate required to be filed by law or in an application for an amendment of a report, record, or certificate or willfully and knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate or amendment;

(b) without lawful authority and with the intent to deceive, the person makes, alters, amends, or mutilates any report, record, or certificate required to be filed under law or a certified copy of the report, record, or certificate;

(c) the person willfully and knowingly uses or attempts to use or furnish to another for use, for any purpose of deception, any certificate, record, report, or certified copy made, altered, amended, or mutilated;

(d) with the intention to deceive, the person willfully uses or attempts to use any birth certificate or certified copy of a birth record knowing that the certificate or certified copy was issued upon a record that is false in whole or in part or that relates to the birth of another person;

(e) the person willfully and knowingly furnishes a birth certificate or certified copy of a birth record with the intention that it be used by a person other than the person to whom the birth record relates.

(3) A person shall be fined not less than $25 or more than $500, imprisoned for not more than 30 days, or both, if the person:

(a) knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided by law;

(b) refuses to provide information required by law;

(c) willfully neglects or violates any of the provisions of law or refuses to perform any of the duties imposed upon the person by law.
Mont. Code Ann. § 50-65-112 — MT Code / Title 50 / Chapter 65 / Part 1 / Section 50-65-112
50-65-112 Inspection
Status: in_force

50-65-112 . Inspection. To enforce the provisions of this chapter, the department of revenue may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Each person in the possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale shall give the department of revenue the means, facilities, and opportunity for the examinations authorized by this section.
Mont. Code Ann. § 50-15-106 — MT Code / Title 50 / Chapter 15 / Part 1 / Section 50-15-106
50-15-106 Registrars and deputies to report violations
Status: in_force

50-15-106 . Registrars and deputies to report violations. Local registrars and deputies shall immediately report violations of this chapter or rules of the department to the department.
Mont. Code Ann. § 50-31-303 — MT Code / Title 50 / Chapter 31 / Part 3 / Section 50-31-303
50-31-303 Certain drug advertisements considered false
Status: in_force

50-31-303 . Certain drug advertisements considered false. (1) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or a sexually transmitted disease shall also be deemed to be false, except that no advertisement not in violation of 50-31-107 (1) shall be deemed to be false under this section if it is disseminated only to members of the medical, dental, or veterinary professions or appears only in the scientific periodicals of these professions or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices.

(2) Whenever the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interests of public health.

(3) This section shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
Mont. Code Ann. § 50-5-1106 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1106
50-5-1106 Resident's rights devolve to authorized representative
Status: in_force

50-5-1106 . Resident's rights devolve to authorized representative. The rights and responsibilities listed in 50-5-1104 and 50-5-1105 devolve to the resident's authorized representative when the resident:

(1) exhibits a communication barrier;

(2) has been found by the resident's physician to be medically incapable of understanding these rights; or

(3) has been adjudicated incompetent by a district court.
Mont. Code Ann. § 50-78-205 — MT Code / Title 50 / Chapter 78 / Part 2 / Section 50-78-205
50-78-205 Trade secret confidentiality
Status: in_force

50-78-205 . Trade secret confidentiality. (1) An employer who believes that the name of a hazardous chemical is a trade secret may withhold the chemical name from the material safety data sheet and workplace chemical list only if:

(a) a material safety data sheet, coded to an identifying notation on each container of the hazardous chemical, is available in the work area where the hazardous chemical is present;

(b) the material safety data sheet discloses the properties and effects of the hazardous chemical;

(c) the specific chemical identity is provided to a treating physician or nurse in the event of a medical emergency, as provided for in subsection (i)(2) of the OSHA standard;

(d) the specific chemical identity is provided in nonemergency situations to a health professional providing medical or other occupational health services to an exposed employee, as provided for in subsections (i)(3) through (5) of the OSHA standard; and

(e) the employer claims that the information is a trade secret and that claim can be supported.

(2) If a person believes that disclosing certain trade information on a material safety data sheet will reveal a trade secret, a trade secret claim may be filed with the department, which shall use this procedure to determine the validity of the trade secret claim:

(a) The department shall give notice by certified mail to the person making the claim to submit trade secret substantiation information within 30 days after receipt of such notice. Failure to supply the substantiation information constitutes a waiver of the trade secret claim.

(b) The department has the responsibility to determine the validity of the trade secret claim and shall consider the trade secret substantiation information as confidential.

(c) If the department determines the trade secret claim is not valid, the department shall so notify by certified mail the person making the claim for trade secret protection, stating the basis for the decision. The person making the claim has 30 days after notification by the department to initiate judicial review in the district court of Lewis and Clark County and obtain a preliminary injunction or other court order to prevent disclosure of the trade secret.

(d) The unauthorized use or disclosure of trade secret information submitted under this section is a misdemeanor.
Mont. Code Ann. § 50-5-1103 — MT Code / Title 50 / Chapter 5 / Part 11 / Section 50-5-1103
50-5-1103 Definitions
Status: in_force

50-5-1103 . Definitions. As used in this part, the following definitions apply:

(1) "Administrator" means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility.

(2) "Authorized representative" means:

(a) a person who has a general power of attorney for a resident;

(b) a person appointed by a court to manage the personal or financial affairs of a resident;

(c) a representative payee;

(d) a resident's next of kin; or

(e) a sponsoring agency.

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

(4) "Facility" or "long-term care facility" means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care.

(5) "Long-term care ombudsman" means the individual appointed to fulfill the requirement of 42 U.S.C. 3027(a)(12) that the state provide an advocate for residents of long-term care facilities.

(6) "Resident" means a person who lives in a long-term care facility.
Mont. Code Ann. § 50-4-1107 — MT Code / Title 50 / Chapter 4 / Part 11 / Section 50-4-1107
50-4-1107 Unlawful interference
Status: in_force

50-4-1107 . Unlawful interference. (1) It is unlawful to interfere or attempt to interfere with the right not to participate in a health care service or the whistleblower and free speech rights and protections authorized by this part, whether by duress, coercion, or any other means.

(2) A medical practitioner, health care institution, or health care payer injured by unlawful interference is entitled to:

(a) injunctive relief, when appropriate, including but not limited to reinstatement of a medical practitioner to the medical practitioner's previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer;

(b) monetary damages for injuries suffered; and

(c) reasonable costs and attorney fees.

(3) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111 .
Mont. Code Ann. § 50-60-602 — MT Code / Title 50 / Chapter 60 / Part 6 / Section 50-60-602
50-60-602 Exceptions
Status: in_force

50-60-602 . Exceptions. (1) This part does not apply to:

(a) the installation, alteration, or repair of electrical signal or communications equipment and traffic signals, street lighting, and other electrical traffic control devices owned or operated by a public utility, city, or county or the state;

(b) electrical installations on the premises of petroleum refineries, except a structure classified under chapter 7, section 701, group B, division 2, and chapter 9, section 901, group H, outside of process units, of the 1991 edition of the Uniform Building Code;

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

(d) the installation, alteration, or repair of low-voltage electrical signal and communications equipment and optical fiber cable.

(2) The inspection provisions of this part do not apply to regularly employed maintenance electricians doing maintenance work on the business premises of their employer nor do they apply to line work on the business premises of the employer or to ordinary and customary in-plant or onsite installations, modifications, additions, or repairs.

(3) A person who plugs in an electrical appliance where an approved electrical outlet is already installed may not be considered as an installer.

(4) This part does not in any manner interfere with, hamper, preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance if the connection does not necessitate the installation of electrical wiring of the structure where the appliance is to be connected.
Mont. Code Ann. § 50-3-103 — MT Code / Title 50 / Chapter 3 / Part 1 / Section 50-3-103
50-3-103 Rules promulgated by department
Status: in_force

50-3-103 . Rules promulgated by department. (1) Rules promulgated by the department by authority of 50-3-102 must be reasonable and calculated to effect the purposes of this chapter. The rules must include but are not limited to requirements for:

(a) design, construction, installation, operation, storage, handling, maintenance, or use of structural requirements for various types of construction;

(b) building restrictions within congested districts;

(c) exit facilities from structures;

(d) fire extinguishers, fire alarm systems, and fire extinguishing systems;

(e) fire emergency drills;

(f) flammable liquids;

(g) application of flammable finishes;

(h) explosives, acetylene, liquefied petroleum gas, and similar products;

(i) calcium carbide and acetylene generators;

(j) flammable motion picture film;

(k) combustible fibers;

(l) hazardous chemicals or materials;

(m) rubbish;

(n) open-flame devices;

(o) parking of vehicles;

(p) dust explosions;

(q) lightning protection;

(r) storage of smokeless powder and small arms primers; and

(s) other special fire hazards.

(2) If rules relate to building and equipment standards covered by the state building code or a county, city, or town building code, the rules are effective upon approval of the department of labor and industry and filing with the secretary of state.

(3) Federal or other nationally recognized standards for fire protection may be adopted in whole or in part by reference.

(4) Rules must be adopted as prescribed in the Montana Administrative Procedure Act.

(5) Rules promulgated by the department may not prevent the installation of an aboveground storage tank in a community, city, or town with a population of 1,500 or less if the tank is installed in conformance with all other applicable laws and regulations.

(6) Rules promulgated by the department may not require diked areas or heat-actuated or other shutoff devices for storage tanks containing class I or class II liquids, as defined in the uniform fire code, intended only for private use on farms and ranches.

(7) A person violating any rule made under the provisions of this part is guilty of a misdemeanor.
Mont. Code Ann. § 50-16-601 — MT Code / Title 50 / Chapter 16 / Part 6 / Section 50-16-601
50-16-601 Short title
Status: in_force

50-16-601 . Short title. This part may be cited as the "Government Health Care Information Act".
Mont. Code Ann. § 50-60-108 — MT Code / Title 50 / Chapter 60 / Part 1 / Section 50-60-108
50-60-108 Construction permit required
Status: in_force

50-60-108 . Construction permit required. Any person who desires to construct a building which is subject to the provisions of parts 1 through 4 must apply for a permit from the appropriate authorities.
Mont. Code Ann. § 50-20-111 — MT Code / Title 50 / Chapter 20 / Part 1 / Section 50-20-111
50-20-111 Right to refuse participation in abortion -- affirmative consent required
Status: in_force

50-20-111 . Right to refuse participation in abortion -- affirmative consent required. (1) No private hospital or health care facility shall be required contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of its staff or governing board to admit any person for the purpose of abortion or to permit the use of its facilities for such purpose. Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.

(2) A person may not be scheduled, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the person first affirmatively consents in writing to perform, facilitate, refer for, or participate in the abortion.

(3) (a) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in abortion because of religious beliefs or moral convictions.

(b) If requested by any hospital or health care facility or person desiring an abortion, a refusal shall be in writing signed by the person refusing, but may refer generally to the grounds of "religious beliefs and moral convictions". The refusal of any person to advise concerning, perform, assist, or participate in abortion shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.

(4) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this section. The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.

(5) Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.

(6) As used in this section, the term "person" includes one or more individuals, partnerships, associations, and corporations.
Mont. Code Ann. § 50-42-105 — MT Code / Title 50 / Chapter 42 / Part 1 / Section 50-42-105
50-42-105 Physician not subject to disciplinary action
Status: in_force

50-42-105 . Physician not subject to disciplinary action. A physician may not be subjected to disciplinary action by the board of medical examiners for prescribing or administering DMSO to a patient under the physician's care as an adjunct to recognized, customary, or accepted modes of therapy in the treatment of any malignancy, disease, illness, or physical condition.
Mont. Code Ann. § 50-16-108 — MT Code / Title 50 / Chapter 16 / Part 1 / Section 50-16-108
50-16-108 Privacy in health care -- ownership of firearms
Status: in_force

50-16-108 . Privacy in health care -- ownership of firearms. (1) No health care provider or health care facility may:

(a) refuse to provide health care to a person because the person declines to answer any questions concerning the person's ownership, possession, or use of firearms; or

(b) inquire about a person's ownership, possession, or use of firearms as a condition of receiving health care.

(2) For the purposes of this section:

(a) the terms "health care", "health care facility", and "health care provider" have the meanings provided in 50-16-504 ; and

(b) the term "possession" does not apply to the presence of a firearm on the person of a patient at the time of treatment.
Mont. Code Ann. § 50-32-205 — MT Code / Title 50 / Chapter 32 / Part 2 / Section 50-32-205
50-32-205 Nonprescription drugs not to be scheduled
Status: in_force

50-32-205 . Nonprescription drugs not to be scheduled. The board shall exclude any nonnarcotic drug from a schedule if the drug may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription.
Mont. Code Ann. § 50-53-203 — MT Code / Title 50 / Chapter 53 / Part 2 / Section 50-53-203
50-53-203 License fee and late fee -- disposition
Status: in_force

50-53-203 . License fee and late fee -- disposition. (1) (a) Except as provided in subsection (1)(b), each application for an original or renewal license must be accompanied by a license fee of $225 for a seasonal public swimming pool or $325 for a year-round public swimming pool.

(b) Each application for an original or renewal license for a spa or wading pool with a total water capacity not exceeding 4,000 gallons must be accompanied by a license fee of $100 for a seasonal facility or $150 for a year-round facility.

(2) An operator of a public swimming pool or public bathing place who fails to renew a license by the expiration date provided in 50-53-204 and who operates the public swimming pool or public bathing place in the license year for which a renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 for each calendar month after the renewal due date in addition to the renewal fee required by subsection (1). Payment of the late renewal fee does not relieve the operator of responsibility for any operation without a license.

(3) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction:

(a) the department shall deposit 85% of the fees collected under subsection (1) in the state special revenue fund to the credit of the local board inspection fund account created by 50-2-108 . Money deposited in the local board inspection fund account is subject to appropriation by the legislature for the purposes of 50-53-218 .

(b) the department shall deposit 15% of the fees collected under subsection (1) and all the fees collected under subsection (2) in an account in the state special revenue fund to be appropriated by the legislature to the department for the enforcement of part 1 and this part.

(4) If the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department, the department shall deposit all of the fees collected under subsections (1) and (2) in an account in the state special revenue fund to be appropriated by the legislature to the department for the enforcement of part 1 and this part.
Mont. Code Ann. § 50-18-108 — MT Code / Title 50 / Chapter 18 / Part 1 / Section 50-18-108
50-18-108 Examination and treatment of prisoners
Status: in_force

50-18-108 . Examination and treatment of prisoners. Any person confined or imprisoned in any state, county, or municipal prison within the state may be examined for a sexually transmitted disease. If infected, the person must be treated by health authorities.
Mont. Code Ann. § 50-74-211 — MT Code / Title 50 / Chapter 74 / Part 2 / Section 50-74-211
50-74-211 Inspector to notify department of refused access
Status: in_force

50-74-211 . Inspector to notify department of refused access. In case the owner, operators, or manager of any boiler is notified by the inspector to have the boiler ready for inspection on a certain day and fails to have such boiler ready for inspection at such time, the inspector shall notify the department to gain access to the boiler.
Mont. Code Ann. § 50-16-545 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-545
50-16-545 Dissemination of corrected or amended information or statement of disagreement
Status: in_force

50-16-545 . Dissemination of corrected or amended information or statement of disagreement. (1) A health care provider, upon request of a patient, shall take reasonable steps to provide copies of corrected or amended information or of a statement of disagreement to all persons designated by the patient and identified in the health care information as having examined or received copies of the information sought to be corrected or amended.

(2) A health care provider may charge the patient a reasonable fee, not exceeding the fee provided for in 50-16-540 , for distributing corrected or amended information or the statement of disagreement, unless the provider's error necessitated the correction or amendment.
Mont. Code Ann. § 50-60-511 — MT Code / Title 50 / Chapter 60 / Part 5 / Section 50-60-511
50-60-511 Duty of permittee regarding inspection and compliance
Status: in_force

50-60-511 . Duty of permittee regarding inspection and compliance. (1) It is the duty of the person doing work authorized by the permit to notify the department of labor and industry, orally or in writing, that the work is ready for inspection. The notification must be given not less than 24 hours before the work is to be inspected.

(2) It is the duty of the person doing the work authorized by the permit to ensure that the work performed before notification and after notification pending inspection complies with the state plumbing code.
Mont. Code Ann. § 50-6-207 — MT Code / Title 50 / Chapter 6 / Part 2 / Section 50-6-207
50-6-207 Construction
Status: in_force

50-6-207 . Construction. This part may not be construed to detract from the powers granted to the department of public health and human services to regulate emergency medical services provided for in part 3 of this chapter.
Mont. Code Ann. § 50-16-804 — MT Code / Title 50 / Chapter 16 / Part 8 / Section 50-16-804
50-16-804 Representative of deceased patient's estate
Status: in_force

50-16-804 . Representative of deceased patient's estate. Except as provided in 50-19-402 , a personal representative of a deceased patient's estate may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part may be exercised by the surviving spouse, a parent, an adult child, an adult sibling, or any other person who is authorized by law to act for the deceased person.
Mont. Code Ann. § 50-4-803 — MT Code / Title 50 / Chapter 4 / Part 8 / Section 50-4-803
50-4-803 Definitions
Status: in_force

50-4-803 . Definitions. As used in this part, the following definitions apply:

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

(2) "Federally qualified community health center" means a facility providing primary and preventive medical, dental, mental health, and substance abuse services to medically underserved, disadvantaged, or hard-to-reach populations on a sliding-scale fee basis, operating under federal regulations, and receiving federal funds under the Public Health Service Act, 42 U.S.C. 254b.

(3) "Federally qualified health center look-alike" means a facility that meets all of the expectations established for the federally funded community health center program but does not receive federal operating funds under the Public Health Service Act, 42 U.S.C. 254b.

(4) "Preventive care" means comprehensive care that emphasizes prevention, early detection, and early treatment of conditions, including but not limited to routine physical examinations, health screenings, immunizations, and health education.

(5) "Primary care" means the type of medical care that provides a patient with a broad spectrum of preventive and curative health care services over a long period of time and that coordinates all of the care a patient receives.

(6) "Section 330 funds" means the federal funds commonly known by that name and awarded by the health resources and services administration of the U.S. department of health and human services to health centers that qualify for funding under the Public Health Service Act, 42 U.S.C. 254b.
Mont. Code Ann. § 50-16-521 — MT Code / Title 50 / Chapter 16 / Part 5 / Section 50-16-521
50-16-521 Health care representatives
Status: in_force

50-16-521 . Health care representatives. (1) A person authorized to consent to health care for another may exercise the rights of that person under this part to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized under 41-1-402 to consent to health care without parental consent, only the minor may exclusively exercise the rights of a patient under this part as to information pertaining to health care to which the minor lawfully consented.

(2) A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.
Mont. Code Ann. § 50-2-130 — MT Code / Title 50 / Chapter 2 / Part 1 / Section 50-2-130
50-2-130 Local regulations no more stringent than state regulations or guidelines
Status: in_force

50-2-130 . Local regulations no more stringent than state regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (4) or unless required by state law, the local board may not propose for adoption by the local governing body a rule under 50-2-116 (1)(j), (2)(c)(iii), or (2)(c)(iv) that is more stringent than the comparable state regulations or guidelines that address the same circumstances. The local board may incorporate by reference comparable state regulations or guidelines.

(2) The local board may propose for adoption by the local governing body a rule to implement 50-2-116 (1)(j), (2)(c)(iii), or (2)(c)(iv) that is more stringent than comparable state regulations or guidelines only if the local board makes a written finding, after a public hearing and public comment and based on evidence in the record, that:

(a) the proposed local standard or requirement protects public health or the environment; and

(b) the local board standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the local board's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed local standard or requirement.

(4) (a) A person affected by a rule of the local board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable state regulations or guidelines may petition the local board to review the rule. If the local board determines that the rule is more stringent than comparable state regulations or guidelines, the local board shall comply with this section by either revising the rule to conform to the state regulations or guidelines or making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The local board may charge a petition filing fee in an amount not to exceed $250.

(b) A person may also petition the local board for a rule review under subsection (4)(a) if the local board adopts a rule after January 1, 1990, in an area in which no state regulations or guidelines existed and the state government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted local board rule.
Mont. Code Ann. § 50-1-117 — MT Code / Title 50 / Chapter 1 / Part 1 / Section 50-1-117
50-1-117 Prioritizations of public funds to health care entities -- restrictions
Status: in_force

50-1-117 . Prioritizations of public funds to health care entities -- restrictions. Subject to any applicable requirements of federal statutes, rules, regulations, or guidelines:

(1) any expenditures or grants of public funds for family planning services by the state by and through the department of public health and human services must be made in the following order of priority:

(a) to public entities;

(b) to federally qualified health centers and rural health clinics;

(c) to nonpublic health providers that have as their primary purpose the provision of the primary health care services enumerated in 42 U.S.C. 254b(a)(1); and

(d) to nonpublic health providers that do not have as their primary purpose the provision of the primary health care services enumerated in 42 U.S.C. 254b(a)(1); and

(2) the department of public health and human services may not enter into a contract with, or make a grant to, an entity that performs nonfederally qualified abortions or maintains or operates a facility where nonfederally qualified abortions are performed, provided, however, that nothing in 50-1-116 through 50-1-118 shall be construed to apply to the receipt or administration of funds pursuant to 42 U.S.C. 1396, et seq.