50-1-101. Definitions. Unless the context indicates otherwise, in chapter 2 and this chapter, the following definitions apply:  (1) "Communicable disease" means an illness because of a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host. The transmission may occur either directly or indirectly through an intermediate plant or animal host, a transmitting entity, or the inanimate environment.   (2) "Condition of public health importance" means a disease, injury, or other condition that is identifiable on an individual or community level and that can reasonably be expected to lead to adverse health effects in the community.   (3) "Department" means the department of public health and human services provided for in 2-15-2201.   (4) "Inanimate reservoir" means soil, a substance, or a combination of soil and a substance:   (a) in which an infectious agent normally lives and multiplies;   (b) on which an infectious agent depends primarily for survival; and   (c) where an infectious agent reproduces in a manner that allows the infectious agent to be transmitted to a susceptible host.   (5) "Institutional controls" means legal or regulatory mechanisms designed to protect public health and safety that:   (a) limit access to or limit or condition the use of environmentally contaminated property or media;   (b) provide for the protection or preservation of environmental cleanup measures; or   (c) inform the public that property or media is or may be environmentally contaminated.   (6) "Isolation" means the physical separation and confinement of an individual or groups of individuals who are infected with a communicable disease from nonisolated individuals to prevent or limit the transmission of the communicable disease to nonisolated individuals.   (7) "Local board of health" or "local board" means a county, city, city-county, or district board of health.   (8) "Local governing body" or "governing body" means:   (a) the board of county commissioners that oversees a county local board of health;   (b) the elected governing body of a city that oversees a city local board of health; or   (c) the entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of health or a local district board of health.   (9) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board of health. With regard to the exercise of the duties and authorities of a local health officer, the term may include an authorized representative of the local health officer.   (10) "Local public health agency" means an organization operated by a local government in the state, including local boards of health or local health officers, that principally acts to protect or preserve the public health.   (11) "Physician" has the meaning provided in 37-3-102.   (12) "Public health services and functions" means those services and functions necessary to promote the conditions in which the population can be healthy and safe, including:   (a) population-based or individual efforts primarily aimed at the prevention of injury, disease, or premature mortality; or   (b) the promotion of health in the community, such as assessing the health needs and status of the community through public health surveillance and epidemiological research, developing public health policy, and responding to public health needs and emergencies.   (13) "Public health system" means state and local public health agencies and their public and private sector partners.   (14) "Quarantine" means the physical separation and confinement of an individual or groups of individuals who have been exposed to a communicable disease and who do not show signs or symptoms of a communicable disease from nonquarantined individuals to prevent or limit the transmission of the communicable disease to nonquarantined individuals.   (15) "Screening" means diagnostic or investigative analysis or medical procedures that determine the presence or absence of or exposure to a condition of public health importance or the condition's precursor in an individual.   (16) "Testing" has the same meaning as screening.   History: En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; R.C.M. 1947, 69-4102; amd. Sec. 85, Ch. 418, L. 1995; amd. Sec. 238, Ch. 546, L. 1995; amd. Sec. 3, Ch. 391, L. 2003; amd. Sec. 3, Ch. 150, L. 2007; amd. Sec. 1, Ch. 204, L. 2021. 
  50-1-102. Legal adviser to department. The attorney general is legal adviser to the department. If the county attorney fails to act and with the approval of the attorney general, the department may retain special counsel and compensate the special counsel from appropriations to the department.   History: En. Sec. 11, Ch. 197, L. 1967; amd. Sec. 32, Ch. 349, L. 1974; amd. Sec. 2, Ch. 288, L. 1977; R.C.M. 1947, 69-4111(part); amd. Sec. 239, Ch. 546, L. 1995.  
  50-1-103. Enforcement of public health laws. (1) Either the county attorney of a county where a cause of action arises or the department may bring an action necessary to abate, restrain, or prosecute the violation of public health laws.   (2) Except as otherwise provided in the public health laws administered by the department, the department may, through the attorney general or appropriate county attorney, sue in district court to enjoin any violation of the public health laws, rules, or orders adopted or issued under the public health laws administered by the department.   History: En. Sec. 11, Ch. 197, L. 1967; amd. Sec. 32, Ch. 349, L. 1974; amd. Sec. 2, Ch. 288, L. 1977; R.C.M. 1947, 69-4111(part); amd. Sec. 240, Ch. 546, L. 1995.  
  50-1-104. General penalty. Anyone who violates a rule adopted by the department for which a penalty is not specified is guilty of a misdemeanor.   History: En. Sec. 221, Ch. 197, L. 1967; amd. Sec. 82, Ch. 349, L. 1974; R.C.M. 1947, 69-5701; amd. Sec. 241, Ch. 546, L. 1995.  
  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.   History: En. Sec. 1, Ch. 150, L. 2007.  
  50-1-106. Collaboration and relationships within public health system. (1) In general, the department and local public health agencies shall seek to establish working relationships with federal, tribal, and other state or local public health agencies and with other public sector partners engaged in the provision of public health services and functions within the public health system.   (2) The department may enter an agreement with any federal agency to coordinate the provision of public health services and functions.   (3) The department may enter an agreement with any other state or any agencies in any other state to coordinate the provision of public health services and functions among the states that are parties to the agreement.   (4) Any local public health agency may enter agreements with other local public health agencies in the state to coordinate the provision of public health services and functions consistent with Title 50, chapter 2, and this chapter. The local public health agency shall submit any agreement entered into pursuant to this section to the department.   (5) A local public health agency whose jurisdiction extends to a state border may form an agreement with an adjoining state or a municipality in the other state to coordinate the provision of public health services and functions. The local public health agency shall submit any agreement entered into pursuant to this section to the department for prior approval.   (6) The department or local public health agencies may form agreements with tribes and tribal public health agencies in the state to coordinate the provision of public health services and functions or to promote cooperation in addressing specific public health needs of persons living on Indian reservations or Indians who reside outside the boundaries of Indian reservations.   (7) (a) Public health districts, consisting of two or more local public health agencies, may be created by interlocal agreement, as provided in Title 7, chapter 11, part 1, or as a district board of health under 50-2-107 for the purpose of improving the provision of public health services and functions for the affected population. A public health district created under this subsection (7) may include tribal health agencies.   (b) A public health district created under this subsection (7) must consist of the entire area of the combined local public health agencies and tribal health agencies and must be governed in accordance with state law.   History: En. Sec. 2, Ch. 150, L. 2007.  
  50-1-107 through 50-1-110 reserved.  
  50-1-111. Asbestos disease account. There is an asbestos disease account in the state special revenue fund to be used by the department for grants to the Lincoln County health board to be used for the following purposes:   (1) providing case management services for asbestos patients;   (2) maintaining and overseeing a working network of Lincoln County health care and social service providers;   (3) providing direct services to individuals who have a positive result as determined by a qualified physician for asbestos-related diseases;   (4) evaluating the programs for effectiveness and quality; and   (5) pursuing both short-term and permanent funding for health care and social service needs of asbestos patients.   History: En. Sec. 1, Ch. 601, L. 2005.  
  50-1-112 through 50-1-114 reserved.  
  50-1-115. (Temporary) Special revenue account -- statutory appropriation. (1) There is an account in the federal special revenue fund to the credit of the department. Money received by the state pursuant to Title X of the Public Health Service Act, 42 U.S.C. 300a, et seq., must be deposited into the account.  (2) The department shall use the money from the account to:   (a) make grants in accordance with 50-1-117 and federal law and regulations; and   (b) pay for grant-related administrative costs.   (3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes of subsection (2). (Terminates June 30, 2025--sec. 5, Ch. 548, L. 2021.)   History: En. Sec. 1, Ch. 291, L. 2015; amd. Sec. 4, Ch. 548, L. 2021. 
  50-1-116. Definitions. As used in 50-1-116 through 50-1-118, unless the context clearly indicates otherwise, the following definitions apply:  (1) "Family planning services" means a range of appropriate methods to prevent, delay, space, or otherwise time pregnancy, including natural family planning methods and infertility services. Family planning services do not include abortion, abortion referrals, or counseling in favor of abortion.   (2) "Federally qualified abortion" means an abortion qualified for federal matching funds under the medicaid program, 42 U.S.C. 1396, et seq., and as amended after this.   (3) "Federally qualified health center" means a health care provider that is eligible to receive federal funds under 42 U.S.C. 1396d(1)(2)(B).   (4) "Hospital" means a hospital as defined in 50-5-101.   (5) "Public funds" means state funds, including without limitation state general revenue funds, state special revenue funds, limited purpose grants or loans, and federal funds, federal state account 03026, provided under Title X of the Public Health Service Act, 42 U.S.C. 300, et seq., Title IV, 42 U.S.C. 601, et seq., Title V, 42 U.S.C. 701, et seq., and Title XX, 42 U.S.C. 1397, et seq., of the Social Security Act.   (6) "Rural health clinic" means a health care provider that is eligible to receive federal funds under 42 U.S.C. 1395x(aa)(2).   History: En. Sec. 1, Ch. 548, L. 2021. 
  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.   History: En. Sec. 2, Ch. 548, L. 2021. 
  50-1-118. Effect on appropriations. Any appropriation of public funds made by the department of public health and human services in derogation of the provisions of 50-1-117 is void as of June 30, 2021, and the funds allocated pursuant to these appropriations must be reallocated to eligible entities.  History: En. Sec. 3, Ch. 548, L. 2021. 
  50-1-201. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. 69-4110.1 by Sec. 1, Ch. 184, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4110.1; amd. Sec. 21, Ch. 606, L. 1993.  
  50-1-202. General powers and duties. (1) In order to carry out the purposes of the public health system to protect and promote the public health, the department, in collaboration with federal, state, and local partners, shall:   (a) make inspections for conditions of public health importance and issue written orders for correction, destruction, or removal of the condition;   (b) disseminate information and make recommendations for control of diseases and other conditions of public health importance;   (c) at the request of the governor, accept funds for and administer any federal health program for which responsibilities are delegated to states;   (d) identify, assess, prevent, and mitigate conditions of public health importance through:   (i) epidemiological tracking and investigation;   (ii) screening and testing programs;   (iii) isolation and quarantine measures;   (iv) treatment;   (v) abatement of public health nuisances;   (vi) inspections;   (vii) collecting and maintaining health information; or   (viii) other public health measures as allowed by law;   (e) promote efforts among public and private sector entities to develop and fund programs or initiatives that identify and ameliorate health problems;   (f) develop and promote training for members of the public health workforce;   (g) bring and pursue actions necessary to abate, restrain, or prosecute the violation of public health laws and rules;   (h) advise state agencies on the following as they relate to public buildings and facilities:   (i) location, drainage, water supply, water quality, heating, plumbing, sewer systems, and ventilation; and   (ii) the disposal of infectious or hazardous wastes;   (i) develop, administer, and promote activities for the protection and improvement of oral health;   (j) develop, adopt, and administer rules setting standards for the operation of programs to protect the health of mothers and children, including programs for nutrition, family planning services, improved pregnancy outcome, and programs authorized by Title X of the federal Public Health Service Act, 42 U.S.C. 300a, et seq., and Title V of the federal Social Security Act, 42 U.S.C. 501 through 510;   (k) conduct health education programs;   (l) provide consultation to school and local public health personnel and consult with the superintendent of public instruction on conditions of public health importance for schools;   (m) develop, adopt, and administer rules setting standards for a program to provide services to children with special health care needs, including standards for:   (i) diagnosis;   (ii) medical, surgical, and corrective treatment;   (iii) aftercare and related services; and   (iv) eligibility;   (n) provide consultation to local boards of health;   (o) promote cooperation and formal collaborative agreements between the state and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, funding, service delivery, jurisdiction, and other public health matters addressed in this title;   (p) adopt and enforce rules regarding:   (i) the reporting and control of communicable diseases and other conditions of public health importance;   (ii) the imposition of fees for testing, screening, and other services performed by the state laboratory;   (iii) the transportation of dead human bodies;   (iv) the issuance of licenses to laboratories that conduct analysis of public water supply systems; and   (v) public health requirements for school sites, including water supply and quality, sewage and waste disposal, and any other matters pertinent to the health and physical well-being of pupils, teachers, and others; and   (q) take measures to prevent and alleviate threats to the public health from the release of biological, chemical, or radiological agents capable of causing imminent infection, disability, or death.   (2) The department:   (a) has the power to use personnel of local public health agencies to assist in the administration of laws relating to public health services and functions; and   (b) may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.   History: En. Sec. 10, Ch. 197, L. 1967; amd. Sec. 31, Ch. 349, L. 1974; amd. Sec. 1, Ch. 288, L. 1977; R.C.M. 1947, 69-4110; amd. Sec. 7, Ch. 200, L. 1979; amd. Sec. 1, Ch. 219, L. 1979; amd. Sec. 1, Ch. 230, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 660, L. 1983; amd. Sec. 1, Ch. 197, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 324, L. 1995; amd. Secs. 242, 568, Ch. 546, L. 1995; amd. Sec. 5, Ch. 73, L. 1997; amd. Sec. 46, Ch. 472, L. 1997; amd. Sec. 4, Ch. 391, L. 2003; amd. Sec. 17, Ch. 386, L. 2005; amd. Sec. 4, Ch. 150, L. 2007.  
  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.   History: En. Sec. 18, Ch. 197, L. 1967; amd. Sec. 1, Ch. 336, L. 1971; amd. Sec. 108, Ch. 349, L. 1974; R.C.M. 1947, 69-4118; amd. Sec. 1, Ch. 383, L. 1995.  
  50-1-204. Quarantine and isolation measures. The department may adopt and enforce quarantine or isolation measures to prevent the spread of communicable disease. A person who does not comply with quarantine measures shall, on conviction, be fined not less than $10 or more than $100. Receipts from fines, except justice's court fines, must be deposited in the state general fund.   History: En. Sec. 12, Ch. 197, L. 1967; amd. Sec. 33, Ch. 349, L. 1974; R.C.M. 1947, 69-4112; amd. Sec. 33, Ch. 557, L. 1987; amd. Sec. 5, Ch. 391, L. 2003.  
  50-1-205. Repealed. Sec. 2, Ch. 219, L. 1979.   History: En. Sec. 92, Ch. 197, L. 1967; R.C.M. 1947, 69-4515.  
  50-1-206. Regulation of schools in matters of health. (1) The department shall adopt regulations prescribing the requirements for school sites, water supply, sewage and waste disposal, and any other matters pertinent to the health and physical well-being of the pupils, teachers, and others who frequent schools.   (2) The department shall furnish to the districts copies of such regulations.   History: En. 75-8207 by Sec. 479, Ch. 5, L. 1971; amd. Sec. 12, Ch. 504, L. 1977; R.C.M. 1947, 75-8207.  
  50-1-207 through 50-1-209 reserved.  
  50-1-210. Licensing of laboratories. (1) To authorize a laboratory to submit analyses and reports to the department of environmental quality under Title 75, chapter 6, part 1, the department shall issue a license to any laboratory that intends to conduct analysis of public water supply systems and that files a license application, on a form furnished by the department, demonstrating that it meets the criteria for licensing established by department rules.   (2) A person aggrieved by a decision of the department to grant, deny, or revoke a license may appeal the decision under the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 12, Ch. 73, L. 1997.  
  50-1-211. Terminated. Sec. 2, Ch. 473, L. 2007.   History: En. Sec. 1, Ch. 404, L. 2005; amd. Sec. 1, Ch. 473, L. 2007.  
  50-1-301. Repealed. Sec. 567, Ch. 546, L. 1995.   History: En. Sec. 6, Ch. 197, L. 1967; amd. Sec. 28, Ch. 93, L. 1969; amd. Sec. 30, Ch. 349, L. 1974; R.C.M. 1947, 69-4106.  
  50-1-302. Repealed. Sec. 567, Ch. 546, L. 1995.   History: En. Sec. 4, Ch. 197, L. 1967; amd. Sec. 29, Ch. 349, L. 1974; R.C.M. 1947, 69-4104.  
  50-1-401. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 1, Ch. 323, L. 1995.  
  50-1-402. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 2, Ch. 323, L. 1995.  
  50-1-403. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 3, Ch. 323, L. 1995.  
  50-1-404. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 4, Ch. 323, L. 1995.  
  50-1-405. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 5, Ch. 323, L. 1995.  
  50-1-406. Terminated. Sec. 8, Ch. 323, L. 1995.   History: En. Sec. 6, Ch. 323, L. 1995.  
  50-10-101. Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:   (1) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.   (2) "Attending advanced practice registered nurse" means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient.   (3) "Attending physician" has the meaning provided in 50-9-102.   (4) "Board" means the state board of medical examiners.   (5) "Department" means the department of public health and human services provided for in 2-15-2201.   (6) "DNR identification" means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the department, that signifies that the possessor is a qualified patient, as defined in 50-9-102, or that the possessor's attending physician or attending advanced practice registered nurse has issued a do not resuscitate order for the possessor and has documented the grounds for the order in the possessor's medical file.   (7) "Do not resuscitate order" means a directive from a licensed physician or advanced practice registered nurse that emergency life-sustaining procedures should not be administered to a particular person.   (8) "Do not resuscitate protocol" means a standardized method of procedure, approved by the board and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by physicians, advanced practice registered nurses, and emergency medical services personnel.   (9) "Emergency medical services personnel" has the meaning provided in 50-9-102.   (10) "Health care facility" has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102.   (11) "Life-sustaining procedure" means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation.   (12) "Physician" means a person licensed under Title 37, chapter 3, to practice medicine in this state.   History: En. Sec. 1, Ch. 581, L. 1991; amd. Sec. 1, Ch. 286, L. 1993; amd. Sec. 103, Ch. 418, L. 1995; amd. Sec. 278, Ch. 546, L. 1995; amd. Sec. 12, Ch. 93, L. 1997; amd. Sec. 13, Ch. 240, L. 2003.  
  50-10-102. Immunities. (1) The following are not subject to civil or criminal liability and are not guilty of unprofessional conduct upon discovery of DNR identification upon a person:   (a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining procedures from that person;   (b) a person who participates in the withholding or withdrawal of life-sustaining procedures under the direction or with the authorization of a physician or an advanced practice registered nurse;   (c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures from that person;   (d) a health care facility in which withholding or withdrawal of life-sustaining procedures from that person occurs;   (e) physicians, advanced practice registered nurses, persons under the direction or authorization of a physician or an advanced practice registered nurse, emergency medical services personnel, or health care facilities that provide life-sustaining procedures pursuant to an oral or written request communicated to them by a person who possesses DNR identification.   (2) The provisions of subsections (1)(a) through (1)(d) apply when a life-sustaining procedure is withheld or withdrawn in accordance with the do not resuscitate protocol.   (3) Emergency medical services personnel who follow a do not resuscitate order from a licensed physician or advanced practice registered nurse are not subject to civil or criminal liability and are not guilty of unprofessional conduct.   History: En. Sec. 2, Ch. 581, L. 1991; amd. Sec. 14, Ch. 240, L. 2003.  
  50-10-103. Adherence to do not resuscitate protocol -- transfer of patients. (1) Except as provided in 72-17-216, emergency medical services personnel, other than physicians or advanced practice registered nurses, shall comply with the do not resuscitate protocol when presented with either do not resuscitate identification, an oral do not resuscitate order issued directly by a physician or an advanced practice registered nurse, or a written do not resuscitate order entered on a form prescribed by the department.   (2) An attending physician, an attending advanced practice registered nurse, or a health care facility unwilling or unable to comply with the do not resuscitate protocol shall take all reasonable steps to transfer a person possessing DNR identification to another physician or advanced practice registered nurse or to a health care facility in which the do not resuscitate protocol will be followed.   History: En. Sec. 3, Ch. 581, L. 1991; amd. Sec. 15, Ch. 240, L. 2003; amd. Sec. 3, Ch. 345, L. 2007.  
  50-10-104. Effect on insurance -- patient's decision. (1) Death resulting from the withholding or withdrawal of emergency life-sustaining procedures pursuant to the do not resuscitate protocol and in accordance with this part is not, for any purpose, a suicide or homicide.   (2) The possession of DNR identification pursuant to this part does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of emergency life-sustaining procedures from an insured person possessing DNR identification, notwithstanding any term of the policy to the contrary.   (3) A physician, advanced practice registered nurse, health care facility, or other health care provider and a health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan may not require a person to possess DNR identification as a condition for being insured for or receiving health care services.   (4) This part does not create a presumption concerning the intention of an individual who does not possess DNR identification with respect to the use, withholding, or withdrawal of emergency life-sustaining procedures.   (5) This part does not increase or decrease the right of a patient to make decisions regarding the use of emergency life-sustaining procedures if the patient is able to do so, nor does this part impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this part are cumulative.   (6) This part does not authorize or approve mercy killing.   History: En. Sec. 4, Ch. 581, L. 1991; amd. Sec. 16, Ch. 240, L. 2003.  
  50-10-105. Rulemaking authority. (1) Upon the adoption of a do not resuscitate protocol by the board, the department may adopt a standard form of DNR identification to be used statewide.   (2) The department shall adopt rules to administer the provisions of this part.   History: En. Sec. 5, Ch. 581, L. 1991.  
  50-10-106. Penalties. (1) A physician or advanced practice registered nurse who willfully fails to transfer a patient in accordance with 50-10-103 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (2) A person who purposely conceals, cancels, defaces, or obliterates the DNR identification of another without the consent of the possessor or who falsifies or forges a revocation of the DNR identification of another is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (3) A person who falsifies or forges the DNR identification of another or purposely conceals or withholds personal knowledge of a revocation of DNR identification with the intent to cause the use, withholding, or withdrawal of life-sustaining procedures is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   History: En. Sec. 6, Ch. 581, L. 1991; amd. Sec. 17, Ch. 240, L. 2003.  
  50-10-107. DNR form to be readily available. The department shall ensure that the DNR identification form approved by the department is readily available at no cost or at a nominal charge.   History: En. Sec. 2, Ch. 286, L. 1993.  
  50-11-101. Definitions. As used in this part, the following definitions apply:   (1) "Embryo" means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development.   (2) "Fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism.   (3) "Oocyte" means the human female germ cell, the egg.   (4) "Reproductive human cloning" means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.   (5) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development.   History: En. Sec. 1, Ch. 126, L. 2009.  
  50-11-102. Prohibited acts -- penalties. (1) A person or entity, public or private, may not knowingly:   (a) perform or attempt to perform reproductive human cloning;   (b) participate in an attempt to perform reproductive human cloning;   (c) ship, transfer, or receive for any purpose an embryo for reproductive human cloning; or   (d) ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of reproductive human cloning.   (2) A violation of subsection (1)(a) or (1)(b), or both, is a felony.   (3) A violation of subsection (1)(c) or (1)(d), or both, is a misdemeanor.   (4) All fines collected under this section must be deposited in the state general fund.   History: En. Sec. 2, Ch. 126, L. 2009.  
  50-11-103. Scientific research -- exception. (1) Sections 50-11-101 and 50-11-102 do not restrict areas of scientific research not specifically prohibited by 50-11-101 and 50-11-102, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, tissues, organs, plants, cells other than human embryos, or animals other than humans.   (2) Sections 50-11-101 and 50-11-102 do not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant if the procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.   (3) Nothing in this section prohibits embryonic stem cell research using embryonic stem cell lines of uncloned origin.   History: En. Sec. 3, Ch. 126, L. 2009.  
  50-12-101. Short title. This part may be cited as the "Right to Try Act".   History: En. Sec. 1, Ch. 135, L. 2015.  
  50-12-102. Definitions. As used in this part, the following definitions apply:   (1) "Eligible patient" means an individual who meets the requirements of 50-12-104.   (2) "Health care facility" has the meaning provided in 50-5-101.   (3) "Health care provider" means any of the following individuals licensed pursuant to Title 37:   (a) a physician;   (b) an advanced practice registered nurse authorized by the board of nursing to prescribe medicine; and   (c) a physician assistant whose duties and delegation agreement allows the physician assistant to undertake the activities allowed under this part.   (4) "Investigational drug, biological product, or device" means a drug, biological product, or device that:   (a) has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States food and drug administration; and   (b) remains under investigation in a United States food and drug administration-approved clinical trial.   (5) "Terminal illness" means a progressive disease or medical or surgical condition that:   (a) entails significant functional impairment;   (b) is not considered by a treating health care provider to be reversible even with administration of a treatment currently approved by the United States food and drug administration; and   (c) without life-sustaining procedures, will result in death.   (6) "Written informed consent" means a written document that meets the requirements of 50-12-105.   History: En. Sec. 2, Ch. 135, L. 2015.  
  50-12-103. Availability of experimental drugs. (1) A manufacturer of an investigational drug, biological product, or device may make the drug, product, or device available to an eligible patient who has requested the drug, product, or device pursuant to this part.   (2) The manufacturer may:   (a) provide an investigational drug, biological product, or device to an eligible patient without receiving compensation; or   (b) require an eligible patient to pay the costs of or the costs associated with the manufacture of the investigational drug, biological product, or device.   (3) A manufacturer is not required to make an investigational drug, biological product, or device available to an eligible patient.   History: En. Sec. 3, Ch. 135, L. 2015.  
  50-12-104. Eligible patient -- requirements. A patient is eligible for treatment with an investigational drug, biological product, or device if the patient has:   (1) a terminal illness that is attested to by the patient's treating health care provider;   (2) considered all other treatment options currently approved by the United States food and drug administration;   (3) received a recommendation from the patient's treating health care provider for an investigational drug, biological product, or device;   (4) given written informed consent for the use of the investigational drug, biological product, or device; and   (5) documentation from the treating health care provider that the patient meets the requirements of this section.   History: En. Sec. 4, Ch. 135, L. 2015.  
  50-12-105. Written informed consent required. (1) A patient or a patient's legal guardian must provide written informed consent for treatment with an investigational drug, biological product, or device.   (2) At a minimum, the written informed consent must include:   (a) an explanation of the currently approved products and treatments for the disease or condition from which the patient suffers;   (b) an attestation that the patient concurs with the treating health care provider in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life;   (c) clear identification of the specific investigational drug, biological product, or device that the patient is seeking to use;   (d) a description of the potentially best and worst outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely outcome;   (e) a statement that the patient's health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device unless they are specifically required to do so by law or contract;   (f) a statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product, or device and that hospice care may be reinstated if the treatment ends and the patient meets hospice eligibility requirements; and   (g) a statement that the patient understands that the patient is liable for all expenses related to the use of the investigational drug, biological product, or device and that the liability for expenses extends to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product, or device states otherwise.   (3) The description of potential outcomes required under subsection (2)(d) must:   (a) include the possibility that new, unanticipated, different, or worse symptoms might result and that the proposed treatment could hasten death; and   (b) be based on the treating health care provider's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition.   (4) The written informed consent must be:   (a) signed by:   (i) the patient;   (ii) a parent or legal guardian, if the patient is a minor; or   (iii) a legal guardian, if a guardian has been appointed pursuant to Title 72, chapter 5; and   (b) attested to by the patient's treating health care provider and a witness.   History: En. Sec. 5, Ch. 135, L. 2015.  
  50-12-106. Effect on insurance coverage and health care services. (1) This part does not:   (a) expand the coverage required of an insurer under Title 33 or of the state or a local government under Title 2 or Title 53;   (b) affect the requirements for insurance coverage of routine patient costs for patients involved in approved cancer clinical trials pursuant to 2-18-704, 33-22-101, 33-22-153, 33-31-111, 33-35-306, 53-4-1005, or 53-6-101;   (c) require a health plan, third-party administrator, or governmental agency to pay costs associated with the use, care, or treatment of an eligible patient with an investigational drug, biological product, or device; or   (d) require a health care facility to provide new or additional services.   (2) A health plan, third-party administrator, or governmental agency may provide coverage for the cost of an investigational drug, biological product, or device or the cost of services related to the use of an investigational drug, biological product, or device under this part.   (3) A health care facility may approve the use of an investigational drug, biological product, or device in the health care facility.   History: En. Sec. 6, Ch. 135, L. 2015.  
  50-12-107. Heirs not liable for payments. If an eligible patient dies while being treated with an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt related to the treatment or to a lack of insurance as a result of the treatment.   History: En. Sec. 7, Ch. 135, L. 2015.  
  50-12-108. Disciplinary action prohibited. (1) A licensing board may not revoke, fail to renew, suspend, or take any action against a license issued under Title 37 to a health care provider based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.   (2) The department of public health and human services may not take action against a health care provider's medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device.   History: En. Sec. 8, Ch. 135, L. 2015.  
  50-12-109. State action prohibited. (1) An official, employee, or agent of the state of Montana may not block or attempt to block an eligible patient's access to an investigational drug, biological product, or device.   (2) Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.   History: En. Sec. 9, Ch. 135, L. 2015.  
  50-12-110. Immunity from suit. A manufacturer of an investigational drug, biological product, or device, a pharmacist, a health care facility, a health care provider, or a person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from suit for any harm done to the eligible patient resulting from the investigational drug, biological product, or device if the manufacturer, pharmacist, health care facility, health care provider, or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.   History: En. Sec. 10, Ch. 135, L. 2015.  
  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.   History: En. Sec. 1, Ch. 153, L. 2017.  
  50-12-202. Definitions. As used in this part, the following definitions apply:   (1) "Council" means the palliative care and quality of life interdisciplinary advisory council provided for in 50-12-203.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Palliative care" means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness.   (4) "Program" means the palliative care consumer and professional information and education program provided for in 50-12-205.   History: En. Sec. 2, Ch. 153, L. 2017.  
  50-12-203. Palliative care and quality of life interdisciplinary advisory council -- duties -- membership. (1) There is a state palliative care and quality of life interdisciplinary advisory council within the department to advise the department on matters related to the establishment, maintenance, operation, and evaluation of outcomes of palliative care initiatives in this state.   (2) (a) The council consists of at least nine members appointed by the director of the department. Members must include:   (i) individuals with collective expertise in interdisciplinary palliative care provided in a variety of settings and to children, youth, adults, and the elderly;   (ii) individuals with expertise in nursing, social work, and pharmacy; and   (iii) members of the clergy or individuals with professional spiritual experience.   (b) The appointees must include:   (i) at least two board-certified physicians or nurses with expertise in palliative care;   (ii) at least one board-certified physician with expertise in chronic pain management;   (iii) a department employee with knowledge of the state medicaid program; and   (iv) a representative of a private insurer.   (3) Council members shall serve staggered 3-year terms.   (4) Council members shall elect a presiding officer and vice presiding officer and shall establish the duties of the officers.   (5) The council shall meet at least twice a year according to a schedule established by the director or the director's designee.   (6) The department shall provide administrative support to the council.   (7) Council members may not receive compensation for their service or be reimbursed for expenses.   History: En. Sec. 3, Ch. 153, L. 2017.  
  50-12-204. Duties of council. The council shall advise the director of the department on ways to improve access to and quality of palliative care. At a minimum, the council shall:   (1) conduct an initial survey of palliative care services available in Montana;   (2) submit an initial report highlighting opportunities and challenges for palliative care, including recommendations on how to address both the opportunities and the challenges;   (3) advise the department on material for inclusion in the palliative care section of the website provided for in 50-12-205; and   (4) recommend priorities for pediatric palliative care and the availability and delivery of palliative care services in rural and underserved areas.   History: En. Sec. 4, Ch. 153, L. 2017.  
  50-12-205. Palliative care consumer and professional information and education program. (1) There is a statewide palliative care consumer and professional information and education program in the department consisting of materials provided on the department's website.   (2) The program is intended to maximize the effectiveness of palliative care initiatives in Montana by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities.   (3) (a) The palliative care information available on the department's website must include but is not limited to information about:   (i) continuing educational opportunities for health care providers;   (ii) palliative care delivery in all settings, including but not limited to the home, hospitals, assisted living facilities, and nursing homes;   (iii) best practices for palliative care delivery; and   (iv) consumer education and referral information for palliative care, including hospice care.   (b) The information must include links to external resources.   (4) The department may develop and implement other palliative care initiatives that the department determines would further the purposes of this part.   (5) The department shall consult with the council in implementing this section.   History: En. Sec. 5, Ch. 153, L. 2017.  
  50-15-101. Definitions. Unless the context requires otherwise, in parts 1 through 4 the following definitions apply:  (1) "Advanced practice registered nurse" means an individual who has been certified as an advanced practice registered nurse as provided in 37-8-202.   (2) "Authorized representative" means a person:   (a) designated by an individual, in a notarized written document, to have access to the individual's vital records;   (b) who has a general power of attorney for an individual; or   (c) appointed by a court to manage the personal or financial affairs of an individual.   (3) "Dead body" means a human body or parts of a human body from which it reasonably may be concluded that death occurred.   (4) "Department" means the department of public health and human services provided for in 2-15-2201.   (5) "Dissolution of marriage" means a marriage terminated pursuant to Title 40, chapter 4, part 1.   (6) "Fetal death" means death of the fetus prior to the complete expulsion or extraction from its mother as a product of conception, notwithstanding the duration of pregnancy. The death is indicated by the fact that after expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are distinguished from transient cardiac contractions. Respirations are distinguished from fleeting respiratory efforts or gasps.   (7) "Final disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.   (8) "Invalid marriage" means a marriage decreed by a district court to be invalid for the reasons contained in 40-1-402.   (9) "Live birth" means the complete expulsion or extraction from the mother as a product of conception, notwithstanding the duration of pregnancy. The birth is indicated by the fact that after expulsion or extraction, the child breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are distinguished from transient cardiac contractions. Respirations are distinguished from fleeting respiratory efforts or gasps.   (10) "Local registrar" means a person appointed by the department to act as its agent in administering this chapter in the area set forth in the letter of appointment.   (11) "Person in charge of disposition of a dead body" means a person who places or causes a dead body or the ashes after cremation to be placed in a grave, vault, urn, or other receptacle or otherwise disposes of the body or fetus and who is a funeral director, an employee acting for a funeral director, or a person who first assumes custody of a dead body or fetus.   (12) "Physician" means a person legally authorized to practice medicine in this state.   (13) "Registration" means the process by which vital records are completed, filed, and incorporated into the official records of the department.   (14) "Research" means a systematic investigation designed primarily to develop or contribute to generalizable knowledge.   (15) (a) "Stillbirth" means a fetal death occurring after a minimum of 20 weeks of gestation.   (b) The term does not include an abortion, as defined in 50-20-104.   (16) "System of vital statistics" means the registration, collection, preservation, amendment, and certification of vital records. The term includes the collection of reports required by this chapter and related activities, including the tabulation, analysis, publication, and dissemination of vital statistics.   (17) "Vital records" means certificates or reports of birth, death, fetal death, marriage, and dissolution of marriage and related reports.   (18) "Vital statistics" means the data derived from certificates or reports of birth, death, fetal death, induced termination of pregnancy, marriage, and dissolution of marriage and related reports.   History: En. Secs. 2, 41, Ch. 197, L. 1967; amd. Secs. 28, 48, Ch. 349, L. 1974; R.C.M. 1947, 69-4102(1), (2), 69-4401; amd. Sec. 4, Ch. 228, L. 1981; amd. Sec. 1, Ch. 402, L. 1991; amd. Sec. 104, Ch. 418, L. 1995; amd. Sec. 3, Ch. 515, L. 1995; amd. Sec. 279, Ch. 546, L. 1995; amd. Sec. 2, Ch. 91, L. 2001; amd. Sec. 1, Ch. 258, L. 2001; amd. Sec. 2, Ch. 474, L. 2007; amd. Sec. 10, Ch. 14, L. 2021. 
  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.   History: En. Sec. 42, Ch. 197, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; R.C.M. 1947, 69-4402; amd. Sec. 4, Ch. 515, L. 1995.  
  50-15-103. Duties of department. The department shall:   (1) divide the state into registration districts and change districts as necessary;   (2) promulgate rules necessary to implement this chapter;   (3) administer and enforce the provisions of this chapter and rules adopted to implement this chapter;   (4) conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;   (5) prescribe, furnish, and distribute forms required by this chapter or rules adopted pursuant to this chapter or prescribe other means for the transmission of data that will accomplish complete and accurate reporting and registration; and   (6) prepare and publish reports of vital statistics of this state.   History: En. Sec. 43, Ch. 197, L. 1967; amd. Secs. 107 and 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4403; amd. Sec. 5, Ch. 515, L. 1995.  
  50-15-104. Appointment and supervision of local registrars. The department shall:   (1) appoint local registrars;   (2) supervise local registrars and other persons required to comply with this chapter.   History: En. Sec. 49, Ch. 197, L. 1967; amd. Sec. 51, Ch. 349, L. 1974; R.C.M. 1947, 69-4409.  
  50-15-105. Appointment of deputies authorized. With approval of the department, local registrars may appoint deputies.   History: En. Sec. 50, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4410(part).  
  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.   History: En. Sec. 50, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4410(part).  
  50-15-107. Payment of fees to local registrars. (1) The department may specify by rule a fee to be paid each local registrar for each complete birth, fetal death, or death certificate forwarded by the local registrar to the department or a monthly report stating the local registrar did not file certificates.   (2) The department shall annually certify to the county treasurer the number of births, fetal deaths, deaths, or monthly reports received from the county with the names of the local registrars and the amount due each.   (3) (a) The county treasurer shall pay each local registrar out of the county general fund.   (b) If the local registrar, appointed pursuant to 50-15-104, is employed by the county, the payment under subsection (3)(a) must be made to the county office in which the local registrar is employed.   History: En. Sec. 71, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4431; amd. Sec. 1, Ch. 434, L. 2003.  
  50-15-108. Duty to furnish information. (1) A person having knowledge of the fact shall furnish information that the person possesses about a birth, death, fetal death, marriage, dissolution of marriage, or invalid marriage upon demand of the department.   (2) The person in charge of any institution or facility for the care of persons shall record and report all data required by this chapter relating to inmates or patients of the institution or facility.   History: (1)En. Sec. 75, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; Sec. 69-4435, R.C.M. 1947; (2)En. Sec. 70, Ch. 197, L. 1967; Sec. 69-4430, R.C.M. 1947; R.C.M. 1947, 69-4430, 69-4435; amd. Sec. 5, Ch. 228, L. 1981; amd. Sec. 1820, Ch. 56, L. 2009.  
  50-15-109. Certificates. (1) All certificates must include information required by the department.   (2) Local registrars shall forward original certificates to the department, file a duplicate copy with the county clerk and recorder, and, unless the certificate is filed electronically, retain a triplicate copy.   (3) Local registrars may not issue certified copies of certificates.   (4) Certificates filed within 1 year after the time prescribed by the department are prima facie evidence of the facts stated in the certificates. Data pertaining to the father of a child is prima facie evidence only if the alleged father is the husband of the mother. If the alleged father is not the husband of the mother, data pertaining to the alleged father is not evidence in any proceedings adverse to the alleged father's interests, heirs, next of kin, devisees, legatees, or other successors in interest.   History: En. Secs. 51, 52, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4411, 69-4412; amd. Sec. 1, Ch. 149, L. 2005.  
  50-15-110. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Sec. 46, Ch. 197, L. 1967; amd. Sec. 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4406.  
  50-15-111. Certified copy fees -- transfer. (1) The department shall prescribe, by rule, a fee for:  (a) a certified copy of certificates or records other than a death certificate;   (b) a search of files or records when a copy is not made;   (c) a copy of information provided for statistical or administrative purposes as allowed by law;   (d) the replacement of a birth certificate subsequent to adoption, legitimation, paternity determination or acknowledgment, or court order;   (e) filing a delayed registration of a vital event;   (f) the amendment of a vital record, after 1 year from the date of filing; and   (g) other services specified by this chapter or by rule.   (2) (a) The minimum fee for a death certificate must be:   (i) $16 for each certified copy, including any additional certified copies requested at the same time as the first certified copy; and   (ii) $14 for each informational copy of a death certificate.   (b) The department may, by rule, prescribe a fee for a death certificate that is higher than the minimum fee listed in subsection (2)(a).   (3) Fees received under subsection (1) must be deposited in the state special revenue fund to be used by the department for:   (a) the maintenance of indexes to vital records;   (b) the preservation of vital records; and   (c) the administration of the system of vital statistics.   (4) For fees received under subsection (2)(a), the department shall:   (a) transfer $1 of each fee to the department of labor and industry for use as provided in 37-19-204; and   (b) deposit the remainder of the fee in the state special revenue fund to be used by the department for the purposes listed in subsection (3).   History: (1)En. Sec. 47, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-4407, R.C.M. 1947; (2)En. Sec. 48, Ch. 197, L. 1967; Sec. 69-4408, R.C.M. 1947; R.C.M. 1947, 69-4407(part), 69-4408; amd. Sec. 6, Ch. 228, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 587, L. 1983; amd. Sec. 6, Ch. 515, L. 1995; amd. Sec. 3, Ch. 380, L. 2015; amd. Sec. 3, Ch. 160, L. 2021. 
  50-15-112. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Sec. 44, Ch. 197, L. 1967; amd. Sec. 49, Ch. 349, L. 1974; R.C.M. 1947, 69-4404(part); amd. Sec. 1, Ch. 178, L. 1979; amd. Sec. 1, Ch. 118, L. 1989; amd. Sec. 1, Ch. 456, L. 1989; amd. Sec. 1, Ch. 384, L. 1991.  
  50-15-113. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Secs. 45, 47, Ch. 197, L. 1967; amd. Secs. 50, 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4405, 69-4407(part).  
  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.   History: (1)En. Sec. 44, Ch. 197, L. 1967; amd. Sec. 49, Ch. 349, L. 1974; Sec. 69-4404, R.C.M. 1947; (2)En. Sec. 76, Ch. 197, L. 1967; Sec. 69-4436, R.C.M. 1947; (3)En. Sec. 77, Ch. 197, L. 1967; Sec. 69-4437, R.C.M. 1947; R.C.M. 1947, 69-4404(part), 69-4436, 69-4437; amd. Sec. 1, Ch. 487, L. 1989; amd. Sec. 2, Ch. 384, L. 1991; amd. Sec. 1821, Ch. 56, L. 2009; amd. Sec. 27, Ch. 19, L. 2011.  
  50-15-115 through 50-15-120 reserved.  
  50-15-121. Copies from system of vital statistics. (1) Except as provided in subsections (6) and (7), the department and county clerk and recorders shall, upon receipt of an application, issue a certified copy or copies of a vital record or a part of a vital record to the registrant, the registrant's spouse, children, parents, or guardian, or an authorized representative. Other individuals may obtain certified copies when the individual demonstrates that the record is needed for the determination or protection of the individual's personal or property rights. The department shall adopt rules to further define those who may obtain copies of vital records filed under this chapter.   (2) All applications, forms, and procedures used in the issuance of certified copies of vital records in the state must be uniform and prepared or approved by the department. All certified copies must contain security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection that there have been these changes to the document.   (3) Each copy issued must show the date of filing. Copies issued from amended records must be marked and must show the effective date of the amendment. Copies issued from delayed records must be marked, must include the date of filing, and must contain a statement of the evidence used to establish the delayed certificate. A copy issued of a certificate of foreign birth must indicate the fact of foreign birth and the date of birth (if known), must show the actual place of birth, and must state that the certificate is not proof of United States citizenship for the adoptive child.   (4) A certified copy or other copy of a death certificate must be issued upon request of any person.   (5) A certified copy of a vital record or any part of a vital record, issued in accordance with subsections (1) through (3), must be considered for all purposes the same as the original. The admissibility of a certificate or vital record filed more than 1 year after the event or after a corrective record is filed, of a vital record that has been amended, or of a certificate of foreign birth must be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.   (6) This section may not be construed to permit disclosure of confidential information contained in a birth certificate for medical or health use or of information for statistical purposes only contained in a certificate of marriage or report of dissolution of marriage unless disclosure is specifically authorized by law for statistical or research purposes or unless ordered by a court.   (7) (a) When the department receives information that a certificate may have been registered through fraud or misrepresentation, it shall withhold issuance of the certificate or any copy of that certificate pending issuance of an order after an administrative contested case hearing before the department to determine whether fraud or misrepresentation has occurred.   (b) The hearing provided for in subsection (7)(a) must be conducted pursuant to the Montana Administrative Procedure Act. In the proceeding, the department shall notify the registrant or the registrant's authorized representative and provide the registrant or the representative the opportunity to be heard.   (c) If, upon conclusion of the hearing, fraud or misrepresentation is not found, the department may issue the certificate or copies of the certificate in question.   (d) If, upon conclusion of the hearing, fraud or misrepresentation is found, the department may not register the certificate unless ordered to do so by a court.   (e) An affected person may appeal the department's decision to the district court as provided in Title 2, chapter 4, part 7.   (8) A person may not prepare or issue any certificate that purports to be an original or certified copy, except as authorized in this chapter or rules adopted to implement this chapter.   (9) The department may, by rule, prescribe details for the hearing and appellate procedures contained in this section.   History: En. Sec. 7, Ch. 515, L. 1995; amd. Sec. 1, Ch. 118, L. 1997; amd. Sec. 13, Ch. 416, L. 1999.  
  50-15-122. Disclosure of information from vital records or vital reports -- rules. (1) It is the policy of the state to protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics. In furtherance of the policy, a person may not permit inspection of or disclose information contained in vital records or in vital reports or copy or issue a copy of all or a part of a record or report unless authorized by this chapter, by administrative rule, or by order of a court of competent jurisdiction. Rules adopted under this chapter must provide for adequate standards of security and confidentiality of vital records.   (2) The execution of a research agreement that protects the confidentiality of the information provided to a researcher in response to a written request is required for disclosure of information that may identify a person or institution named in a vital record or report. This agreement must be made in compliance with this chapter or rules adopted to implement this chapter. Each agreement must prohibit the release by the researcher of any information that might identify a person or institution, other than releases that may be provided for in the agreement.   (3) This section does not prohibit the release of information or data that does not identify a person or institution named in a vital record or report.   (4) A challenge to a decision of a custodian of vital records to refuse disclosing information from records, as prescribed by this section and rules issued to implement this section, must be made before the department in the case of a county clerk and recorder and to a district court in the case of the department. A challenge before the department must be in the form of a contested case pursuant to the Montana Administrative Procedure Act. An appeal of the department's decision to district court must be made by filing an original action pursuant to the Montana Rules of Civil Procedure.   (5) (a) Immediately upon the filing of a record with the department, the fact that a birth or death has occurred may be released to the public without restriction. Notwithstanding the restrictions provided in 50-15-121, complete birth records may be released to the public 30 years after the date of birth. The department shall adopt rules that provide for the continued safekeeping of the records.   (b) Upon the filing of a record of marriage with the clerk of the district court, information that may be released to the public without restriction is specifically limited to:   (i) the names of the parties, the age of the parties, and their place of birth;   (ii) the date and place of the marriage;   (iii) the names and addresses of the parents of the parties;   (iv) the name of the officiant; and   (v) the type of ceremony.   (c) Any other information contained in a marriage license application that is not authorized to be disclosed under subsection (5)(b) is considered confidential and is subject to the disclosure limitations and penalties provided in 50-15-114.   (d) Notwithstanding the restrictions provided in 50-15-121 and this section, the information contained in a marriage license and marriage certificate may be released to the public 30 years after the date of the marriage.   (e) Upon the filing of a record of a dissolution of marriage with the clerk of the district court, that record may be released to the public without restriction unless designated confidential by the court. A record of dissolution of marriage designated confidential by the court may be provided to a federal, state, or local government agency upon request when the record is used solely in the conduct of the agency's official duties.   (6) The department may provide the national center for health statistics or a successor agency with copies of records, reports, or data from the system of vital statistics that are required for national statistics. The department shall enter into an agreement with the center, indicating the scope of disclosure of information, as required by this chapter or rules implementing this chapter, concerning the use of records, reports, or data for statistical or research purposes. The agreement must set forth the financial support to be provided by the center for the collection, processing, and transmission of the records, reports, or data. Upon written request of the center, the department may approve, by amendment to the agreement, additional statistical or research uses of the records, reports, or data supplied under the agreement.   (7) Federal, state, and local governmental agencies may, subject to this chapter and rules implementing this chapter, upon request, be furnished copies of records or data from the system of vital statistics if the copies or data is used solely in the conduct of the agency's official duties. The department shall, upon request by a licensed adoption agency, provide a birth certificate and related records for purposes of adoption, termination of parental rights, custody actions, paternity actions, child support actions, social security eligibility determinations, or Indian tribal enrollment determinations.   (8) Subject to this chapter and rules implementing this chapter, the department may, by agreement, transmit copies of records and other reports required to be compiled by this chapter to offices of vital statistics outside this state when the records or reports concern residents of those jurisdictions or persons born in those jurisdictions. The agreement must specify the statistical and administrative purposes for which the records may be used, and the agreement must provide instructions concerning proper retention, confidentiality requirements, and disposition of the copies. Copies received by the department from offices of vital statistics in other states must be handled as provided for in this subsection.   History: En. Sec. 8, Ch. 515, L. 1995; amd. Sec. 14, Ch. 416, L. 1999; amd. Sec. 3, Ch. 91, L. 2001.  
  50-15-123. Preservation of vital records. To preserve vital records, the department may prepare typewritten, photographic, electronic, or other reproductions of certificates, vital records, or reports kept by the department. The reproductions when certified and approved by the department must be accepted as the original records. The department shall maintain original vital records intact and in their original form on file at the department.   History: En. Sec. 9, Ch. 515, L. 1995.  
  50-15-124. Content of certificates, records, and reports. (1) In order to promote and maintain nationwide uniformity in the system of vital statistics, the department, in the preparation of the forms of certificates, vital records, or reports required by this chapter or rules adopted under this chapter, may include the elements in forms and the forms recommended by the national center for health statistics for implementing a system of vital statistics.   (2) Each certificate, record, report, and other document required by this chapter must be prepared in a format approved by the department. All vital records must contain the date of filing.   (3) Information required in certificates, forms, records, or reports authorized by this chapter may be filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by the department.   History: En. Sec. 10, Ch. 515, L. 1995.  
  50-15-201. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Sec. 53, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4413.  
  50-15-202. Unattended birth. (1) If a birth is unattended and neither parent is able to prepare a birth certificate, the local registrar shall:   (a) secure information from any person having knowledge of the birth;   (b) prepare and file a birth certificate;   (c) within the time prescribed by the department, file a supplementary report furnishing information omitted from the original birth certificate if additional information is received.   (2) Birth certificates completed by a supplementary report may not be considered "delayed" or "amended".   History: En. Sec. 54, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4414; amd. Sec. 1, Ch. 139, L. 2009.  
  50-15-203. Child of unknown parentage. (1) A person who assumes custody of a child of unknown parentage shall immediately file with the local registrar a written report which shall constitute a birth certificate.   (2) The report shall contain:   (a) the date and place of finding or assumption of custody;   (b) sex, color or race, and approximate age of the child;   (c) name and address of the person or institution with whom the child has been placed for care;   (d) name given to the child by the finder or person who assumes custody.   (3) The place where the child was found or custody assumed shall be the place of birth.   (4) The date of birth shall be determined by approximation.   (5) If the child is identified and a regular birth certificate is found or obtained, the report shall be sealed and may be opened only by court order.   History: En. Sec. 55, Ch. 197, L. 1967; R.C.M. 1947, 69-4415.  
  50-15-204. Delayed or amended birth certificate. (1) (a) If a certificate of birth for a person born in this state has not been filed within 1 year of the birth, a delayed certificate of birth may be filed in accordance with rules adopted by the department. A delayed certificate of birth may not be registered until the requirements regarding facts pertaining to the delayed certificate, as specified by rule, have been met.   (b) A birth of a person in this state whose name has not been registered within 1 year after the birth must be registered on a delayed certificate of birth form. The delayed certificate must contain the date of registration and a summary statement of the information submitted to explain the delayed registration.   (c) A delayed certificate of birth may not be registered for a deceased person.   (d) The department may not register a delayed certificate of birth if an applicant for a delayed certificate of birth does not submit the minimum documentation required by rule for delayed registration or if the department has cause to question the validity or adequacy of the applicant's sworn statement or the documentation provided to establish the facts and the deficiencies are not corrected. The department shall advise the applicant of the reasons for the refusal to register the delayed certificate of birth. The department shall advise the applicant of the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed certificate of birth as provided in 50-15-222.   (e) The department may, by rule, provide for the dismissal of an application for registration of a delayed certificate of birth that is not actively pursued.   (2) The department or its designee may amend a birth, death, or fetal death certificate upon submitting proof as required by the department.   (3) The department shall adopt rules establishing the circumstances under which vital records may be corrected or amended and the procedure to correct or amend those records.   (4) If a birth certificate is amended by the department after filing, the certificate must show the date of the amendment and the mark "amended". A summary statement of the evidence in support of the amendment must be endorsed on the certificate.   (5) The probative value of a "delayed" or "amended" certificate of birth is determined by the judicial or administrative body before whom the certificate is offered as evidence.   History: (1), (2)En. Sec. 56, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; Sec. 69-4416, R.C.M. 1947; (3)En. Sec. 57, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; Sec. 69-4417, R.C.M. 1947; (4)En. Sec. 59, Ch. 197, L. 1967; Sec. 69-4419, R.C.M. 1947; R.C.M. 1947, 69-4416, 69-4417, 69-4419; amd. Sec. 12, Ch. 515, L. 1995; amd. Sec. 2, Ch. 139, L. 2009.  
  50-15-205. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Sec. 58, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4418.  
  50-15-206. Repealed. Sec. 20, Ch. 515, L. 1995.   History: En. Sec. 62, Ch. 197, L. 1967; R.C.M. 1947, 69-4422; amd. Sec. 2, Ch. 178, L. 1979; amd. Sec. 67, Ch. 609, L. 1987; amd. Sec. 2, Ch. 118, L. 1989.  
  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.   History: En. Sec. 63, Ch. 197, L. 1967; amd. Sec. 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4423.  
  50-15-208. Birth registration for stillbirth -- requirements. (1) The department shall establish a certificate of birth resulting in a stillbirth on a form adopted by the department when the birth results in a stillbirth. Upon request by a parent, a certificate of birth resulting in a stillbirth must be filed in addition to the fetal death certificate provided for in 50-15-403. Upon request, a certificate of birth resulting in a stillbirth must be provided to a parent.   (2) A certificate of birth resulting in a stillbirth may be filed by:   (a) the physician, the physician's designee, or the direct-entry midwife licensed pursuant to Title 37, chapter 27, in attendance at a stillbirth;   (b) the person in attendance at a stillbirth;   (c) the father or the mother;   (d) in the absence of the father and the inability of the mother, the person in charge of the premises where the stillbirth occurred; or   (e) the local registrar if 50-15-202 applies.   (3) The department shall adopt rules providing for:   (a) the time by which the certificate of birth resulting in a stillbirth must be filed after the stillbirth;   (b) the evidence required to establish the facts of a stillbirth; and   (c) the information required on a certificate of birth resulting in a stillbirth.   History: En. Sec. 1, Ch. 474, L. 2007.  
  50-15-209 reserved.  
  50-15-210. Paternity acknowledgment. (1) Upon the birth of a child to a mother unmarried at the time of birth, the administrator or person in charge of a hospital or other institution in which the birth occurs or the midwife who attends the birth shall:   (a) provide an opportunity for the child's mother and alleged father to complete an acknowledgment of paternity pursuant to 40-6-105;   (b) provide written information, furnished by the department of public health and human services, describing the rights and responsibilities of paternity, the benefits of having a child's paternity established, and the child's right to receive support; and   (c) forward a copy of an acknowledgment signed by the mother and the father to the department.   (2) The hospital, institution, or midwife is entitled to reimbursement for reasonable costs of obtaining an acknowledgment. The department of public health and human services shall establish the amount of reasonable costs, not to exceed the amount for which federal financial participation is available, and the procedures for claiming reimbursement.   (3) Hospitals, institutions, and midwives shall use forms prescribed by the department of public health and human services for the acknowledgment of paternity.   (4) If the child is born in this state, the department of public health and human services shall file an acknowledgment received under 40-6-105 or this section with the child's certificate of birth. If the child was not born in this state or if an acknowledgment received under 40-6-105 or this section cannot be filed with the child's certificate of birth, the department shall file the acknowledgment in an acknowledgment registry created and maintained for that purpose.   History: En. Sec. 2, Ch. 523, L. 1993; amd. Sec. 11, Ch. 70, L. 1995; amd. Sec. 91, Ch. 552, L. 1997.  
  50-15-211 through 50-15-220 reserved.  
  50-15-221. Birth registration. (1) A certificate of birth must be filed as specified in this section with the department for each live birth that occurs in this state. Unless otherwise directed by the department, the certificate must be filed within the time prescribed by the department by rule after the birth. The birth certificate must be registered if it has been completed and filed in accordance with this section and rules adopted to implement this section.   (2) If a birth occurs in a health care facility, the birth certificate must be completed and filed by the attending physician or the physician's designee.   (3) If a birth occurs in or en route to a health care facility, the person in charge of the facility or the person's authorized designee shall obtain the personal data concerning the newborn child, prepare the certificate, and certify that the child was born alive at the place, at the time, and on the date stated. Certification may be by signature or by an approved electronic process. The person referenced in this subsection shall file the certificate as directed in subsection (1). The physician or other person in attendance at the birth shall provide the medical information required by the certificate within 72 hours after the birth.   (4) The department shall, by rule, determine what evidence may be required to establish the facts of birth if the birth occurs at a place other than a health care facility. In accordance with rules promulgated by the department, the certificate must be prepared and filed by one of the following persons in the indicated order of priority in subsections (4)(a) through (4)(e):   (a) the physician or the physician's designee or a midwife licensed pursuant to Title 37, chapter 27, in attendance at or immediately after the birth;   (b) a person in attendance at or immediately after the birth;   (c) the father or the mother;   (d) in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; or   (e) the local registrar, if 50-15-202 applies.   (5) When a birth occurs on a moving conveyance within the United States and the newborn child is first removed from the conveyance in this state, the birth must be registered in this state by a person listed in subsection (4) and the place where the child is first removed from the conveyance is considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth must be registered by a person listed in subsection (4) in this state, but the certificate must indicate the actual place of birth insofar as the place can be determined.   (6) For the purposes of birth registration, the woman who gives birth to the child is considered to be the mother, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. Information about the father must be entered as provided in subsection (7).   (7) (a) If the mother was married at the time of conception or birth or between conception and birth, the name of the husband must be entered on the certificate as the father of the child, unless:   (i) other paternity has been determined by a court of competent jurisdiction;   (ii) the mother and the husband execute joint or separate affidavits attesting that the husband is not the father of the child. Affidavits must be notarized, and signatures of the mother and of the husband must be individually notarized on any joint affidavit. If affidavits are filed, information about the father must be omitted from the certificate.   (iii) the mother executes an affidavit attesting that the husband is not the father and names a putative father, the putative father executes an affidavit attesting paternity, and the husband executes an affidavit denying paternity. Affidavits may be joint or individual or a combination of joint and individual affidavits. Each signature on an affidavit must be individually notarized. If all affidavits are filed, the putative father must be shown as the father on the certificate.   (b) If the mother was not married at the time of conception or birth or between conception and birth, the name of the father may not be entered on the certificate without an affidavit of paternity signed by the mother and the person to be named as the father.   (c) If paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child must be entered on the certificate of birth in accordance with the finding and order of the court.   (d) If the father is not named on the certificate of birth, information about the father may not be entered on the certificate.   (e) Affidavits required under this subsection (7) must be filed with the department.   (8) Either parent of the child, or another informant, shall verify the accuracy of the personal data to be entered on the certificate in order to permit the filing of the certificate within the time prescribed in subsection (1).   (9) A certificate of birth filed after the time prescribed in subsection (1) but within 1 year from the date of birth must be registered by the natural parents, the adoptive parents, or the person having legal custody of the child, on the standard form of live birth certificate in the manner prescribed in this section and by rule. The certificate may not be designated as delayed. The department may require additional evidence in support of the facts of birth.   History: En. Sec. 11, Ch. 515, L. 1995.  
  50-15-222. Judicial birth facts procedure. (1) If the department declines to register a certificate of birth under the provisions of 50-15-204 or 50-15-221, a petition signed and sworn to by the petitioner may be filed with the district court, seeking an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.   (2) The petition must be made on a form adopted or approved by the department and must allege:   (a) that the person for whom a certificate of birth is sought was born in this state;   (b) that a certificate of birth of the person cannot be found at the department or at the office of the clerk and recorder;   (c) that diligent efforts by the petitioner have failed to obtain the evidence to establish entitlement to a certificate of birth required in accordance with this chapter and rules adopted pursuant to this chapter;   (d) that the department has declined to file a certificate of birth; and   (e) other allegations as may be required by law.   (3) The petition must be accompanied by all documentary evidence that was submitted to the department in support of the applicant's registration and by a statement of the reasons why the department declined to register the certificate of birth.   (4) The district court shall fix a time and place for hearing the petition and shall give the department 30 days' notice of the hearing. The department through its authorized representative shall appear and testify as a witness in the proceeding if determined necessary by the court.   (5) If the district court finds, from the evidence presented, that the person for whom a certificate of birth is sought was born in this state, it shall make findings as to the date and place of birth, parentage, and other relevant facts and shall issue an order establishing the certificate of birth. The order must include the findings and birth data to be registered, a description of the evidence presented, and the date of the court's action.   (6) The clerk of the court shall forward the order referred to in subsection (5) to the department not later than the 10th calendar day of the month following the month in which it was entered. The order must be registered by the department and constitutes the court-ordered certificate of birth.   History: En. Sec. 13, Ch. 515, L. 1995.  
  50-15-223. Certificates of birth following adoption, legitimation, or determination or acknowledgment of paternity. (1) The department shall establish a new certificate of birth for a person born in this state when the department receives the following:   (a) a certificate of adoption, as provided in 50-15-311, a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; or   (b) a request that a new certificate be established if the request shows that:   (i) a district court, court of appropriate jurisdiction in another state, or administrative agency in this state or another state with appropriate jurisdiction has determined the paternity of the person and information necessary to identify the original certificate of birth is provided; or   (ii) both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.   (2) The date of birth and the city and county of birth must be stated in the newly established certificate of birth. The department shall substitute the new certificate of birth for the original certificate of birth in the files. The original certificate of birth and the evidence of adoption, legitimation, court determination of paternity, or paternity acknowledgment are only subject to inspection, except upon order of a district court, as provided by rule, as provided in Title 42, chapter 6, part 1, or as otherwise provided by state law.   (3) Upon receipt of a report of an amended decree of adoption, the department shall amend the certificate of birth as provided in rules adopted by the department.   (4) Upon receipt of a report or decree of annulment of adoption, the department shall restore the original certificate of birth issued before the adoption to its place in the files and the certificate of birth issued upon adoption and evidence pertaining to the adoption proceeding may not be open to inspection, except:   (a) as provided in Title 42, chapter 6, part 1;   (b) upon order of a district court; or   (c) as provided by rule adopted by the department.   (5) Upon written request of both parents and receipt of a sworn acknowledgment and other credible evidence of paternity signed by both parents of a child born outside of marriage, the department shall reflect the paternity on the child's certificate of birth if paternity is not already shown on the certificate of birth.   (6) If a certificate of birth is not on file for the adopted child for whom a new certificate of birth is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings pertaining to the child, a delayed certificate of birth must be filed with the department, as provided in 50-15-204, before a new certificate of birth may be established. The new certificate of birth must be prepared on a form prescribed by the department.   (7) When a new certificate of birth is established by the department, the department shall direct that all copies of the original certificate of birth in the custody of any other custodian of vital records in this state be forwarded immediately to the department.   (8) (a) The department shall, upon request of the adopting parents, prepare and register a certificate of birth in this state for a person who was born in a foreign country and adopted through a district court in this state.   (b) The certificate of birth must be established by the department upon receipt of a certificate of adoption, conforming to the requirements of 50-15-311, from the court that reflects entry of an order of adoption, proof of the date and place of the child's birth, and a request for the establishment of a certificate of birth from the court, the adopting parents, or the adopted person, if the person is 18 years of age or older.   (c) The certificate of birth must be labeled "Certificate of Foreign Birth" and must contain the actual country of birth. A statement must be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it is issued.   (d) After registration of the certificate of birth in the new name of the adopted person, the department shall seal and file the certificate of adoption, which is not subject to inspection, except upon order of the district court, as provided by rule, or as otherwise provided by state law.   (9) The department may promulgate rules necessary to implement this section.   History: En. Sec. 14, Ch. 515, L. 1995; amd. Sec. 169, Ch. 480, L. 1997; amd. Sec. 92, Ch. 552, L. 1997; amd. Sec. 2, Ch. 149, L. 2005; amd. Sec. 4, Ch. 162, L. 2015.  
  50-15-224. Sex change designation on birth certificate. (1) The sex of a person designated on a birth certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of the person born in Montana has been changed by surgical procedure.  (2) The order must contain sufficient information for the department to locate the original birth certificate. If the person's name is to be changed, the order must indicate the person's full name as it appears on the original birth certificate and the full name to which it is to be amended.   (3) If the order directs the issuance of a new birth certificate that does not show amendments, the new birth certificate may not indicate on its face that it was amended.   (4) This section does not apply if the sex of a person was designated incorrectly on the original birth certificate due to a data entry error.   History: En. Sec. 1, Ch. 332, L. 2021. 
  50-15-301. Marriage certificates. Before the 10th day of each month, each clerk of a district court shall report marriage certificates filed during the preceding calendar month to the department. Reports must be on forms and contain information prescribed by the department.   History: En. Sec. 72, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4432; amd. Sec. 7, Ch. 228, L. 1981; amd. Sec. 14, Ch. 13, Sp. L. August 2002; amd. Sec. 6, Ch. 114, L. 2005.  
  50-15-302. Clerk to report decree of dissolution or declaration of invalidity of marriage. (1) At the same time a decree of dissolution or declaration of invalidity of marriage is filed, the clerk of court shall prepare a report to the department on the form prescribed by the department. Parties to the action or their attorneys shall supply the clerk with necessary information.   (2) The report must include the:   (a) name, age, birthplace, residence, race or color, and occupation of each party;   (b) number, date, and place of any previous marriage of either party;   (c) number of children under 18 years of age in custody of either party and residing with the party;   (d) grounds for the action;   (e) number of the cause of action;   (f) county and judicial district where the action is filed; and   (g) date of judgment and the party that was granted it.   History: En. Sec. 74, Ch. 197, L. 1967; amd. Secs. 107, 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4434; amd. Sec. 4, Ch. 37, L. 1979; amd. Sec. 1822, Ch. 56, L. 2009.  
  50-15-303. Certificates of dissolution of marriage or declaration of invalidity of marriage. Before the 10th day of each month, the clerk of the court shall prepare and forward to the department a certificate for each decree of dissolution of marriage or declaration of invalidity of marriage that became final during the preceding calendar month. Certificates must be on forms prescribed by the department.   History: En. Sec. 73, Ch. 197, L. 1967; amd. Secs. 107, 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4433; amd. Sec. 5, Ch. 37, L. 1979; amd. Sec. 8, Ch. 228, L. 1981; amd. Sec. 15, Ch. 515, L. 1995.  
  50-15-304. Substitute birth certificate for person adopted. (1) The procedure for issuing a substitute birth certificate for a person born in Montana and adopted is as follows:   (a) Before the 16th day of the month following the order of adoption, the clerk of the district court shall forward a certified copy of the final order of adoption to the department or the department may accept a certified copy of a final order of adoption from a court of competent jurisdiction of another state of the United States or a tribal court of competent jurisdiction.   (b) The department shall prepare a substitute certificate containing:   (i) the new name of the adopted person;   (ii) the true date and place of birth and the sex of the adopted person;   (iii) statistical facts concerning the adoptive parents in place of the natural parents;   (iv) the words "department of public health and human services" substituted for the words "attendant's own signature"; and   (v) dates of recording as shown on the original birth certificate.   (2) The procedure for recording a substitute birth certificate for a person born in Montana and adopted is as follows:   (a) The department shall send copies of the substitute birth certificate to the local registrar and to the county clerk and recorder.   (b) The local registrar and county clerk and recorder shall immediately enter the substitute birth certificate in their files and forward copies of the original birth record to the department.   (c) The department shall seal original birth records and open them only as provided in 50-15-223(2).   (3) On receipt of a certified copy of a court order annulling an adoption, the department shall restore the original birth certificate to its place in its files and notify the local registrar and county clerk and recorder.   History: (1)En. Sec. 60, Ch. 197, L. 1967; amd. Sec. 52, Ch. 349, L. 1974; amd. Sec. 1, Ch. 162, L. 1977; Sec. 69-4420, R.C.M. 1947; (2), (3)En. Sec. 61, Ch. 197, L. 1967; amd. Sec. 53, Ch. 349, L. 1974; Sec. 69-4421, R.C.M. 1947; R.C.M. 1947, 69-4420, 69-4421; amd. Sec. 9, Ch. 228, L. 1981; amd. Sec. 105, Ch. 418, L. 1995; amd. Sec. 282, Ch. 546, L. 1995; amd. Sec. 3, Ch. 149, L. 2005.  
  50-15-305 through 50-15-310 reserved.  
  50-15-311. Certificates of adoption or annulment of adoption -- report of amended or annulled adoption decree. (1) For each adoption decreed by a district court, the decree must require the clerk of the court to prepare a certificate of adoption on a form prescribed and furnished by the department. The certificate of adoption must include facts that are necessary to locate and identify the date and place of birth of the adopted person or, in the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the district court as to the date and place of birth of the person. The certificate of adoption must also contain information necessary to establish a new certificate of birth for the person adopted and must identify the order of adoption. The clerk of the court shall certify the certificate of adoption.   (2) Information necessary for the clerk of the court to prepare the certificate of adoption must be furnished, by each petitioner for adoption on a form prescribed by the department, at the time that the petition for adoption is filed. A person or agency having knowledge of facts, as described in subsection (1), may be required by the court to supply the court with information necessary to complete the certificate of adoption. The district court may make the provision of the information for the preparation of a certificate of adoption a prerequisite to the issuance of a final decree.   (3) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report. The report must include the facts that are necessary to identify the original certificate of adoption and the facts amended in the adoption decree that are necessary to properly amend the birth record.   (4) No later than the 16th day of each calendar month or more frequently, as directed by the department, the clerk of the court shall forward to the department certificates of adoption, reports of annulment of adoption, and amendments of decrees of adoption that were entered in the preceding month, together with any related reports required by the department.   (5) When the department receives a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption for a person born outside this state, the department shall forward the certificate, report, or amendment to the state registrar or the agency charged with registering vital statistics in the state where the person was born.   (6) If the birth of an adopted child occurred in a foreign country and the adopted child was not a citizen of the United States at the time of birth, the department shall prepare a "Certificate of Foreign Birth" as required by 50-15-223. If the adopted child was born in Canada, the department shall send a copy of the certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority in Canada.   (7) If the adopted child born in a foreign country was a citizen of the United States at the time of birth, the department may not prepare a "Certificate of Foreign Birth" and shall notify the adoptive parents of the procedures for obtaining a revised certificate of birth for their child through the United States department of state.   (8) A deceased person cannot be adopted.   History: En. Sec. 16, Ch. 515, L. 1995.  
  50-15-401. Repealed. Sec. 3, Ch. 118, L. 1997.   History: En. Sec. 64, Ch. 197, L. 1967; R.C.M. 1947, 69-4424(1); amd. Sec. 1, Ch. 502, L. 1989.  
  50-15-402. Copy to be forwarded to deceased's county of residence. If a state resident dies outside the county of residence, the clerk and recorder shall send a certified copy of the death certificate to the clerk and recorder of the deceased's county of residence. The copy must be considered the same as the original.   History: En. Sec. 64, Ch. 197, L. 1967; R.C.M. 1947, 69-4424(2); amd. Sec. 1823, Ch. 56, L. 2009.  
  50-15-403. Preparation and filing of death or fetal death certificate. (1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or, if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal death, on the parents that is required by the department from persons best qualified to supply the data and enter it on the death or fetal death certificate.   (2) The person in charge of disposition of the dead body or fetus shall present the death certificate to the certifying physician, the certifying advanced practice registered nurse, or the coroner having jurisdiction for medical certification of the cause of death. The medical certification must be completed by the physician, the advanced practice registered nurse, or the coroner within the timeframe established by the department by rule. The person in charge of disposition shall obtain the completed certification of the cause of death from the physician, the advanced practice registered nurse, or the coroner and shall, within the time that the department may prescribe by rule, file the death or fetal death certificate with the local registrar in the registration area where the death occurred or, if the place of death is unknown, where the dead body was discovered.   (3) If a dead body is found in this state but the place of death is unknown, the place where the body is found must be shown as the place of death on the death certificate. If the date of death is unknown, then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that fact.   (4) When a death occurs in a moving vehicle, as defined in 45-2-101, in the United States and the body is first removed from the vehicle in this state, the death must be registered in this state and the place where the body is first removed is considered the place of death. When a death occurs in a moving vehicle while in international air space or in a foreign country or its air space and the body is first removed from the vehicle in this state, the death must be registered in this state, but the actual place of death, insofar as it can be determined, must be entered on the death certificate.   History: En. Sec. 65, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4425; amd. Sec. 28, Ch. 7, L. 1979; amd. Sec. 3, Ch. 287, L. 1993; amd. Sec. 17, Ch. 515, L. 1995; amd. Sec. 2, Ch. 118, L. 1997; amd. Sec. 93, Ch. 552, L. 1997; amd. Sec. 2, Ch. 27, L. 1999; amd. Sec. 2, Ch. 258, L. 2001.  
  50-15-404. Preparation of certificate when death not medically attended. (1) If the death or fetal death occurred without medical attendance or the physician or advanced practice registered nurse last in attendance failed to sign the death certificate, the local registrar may complete the certificate on the basis of information received from persons having knowledge of the facts.   (2) If it appears the death or fetal death resulted from other than natural causes, the local registrar shall notify the coroner and the state medical examiner for investigation and certification.   History: En. Sec. 66, Ch. 197, L. 1967; R.C.M. 1947, 66-4426; amd. Sec. 29, Ch. 7, L. 1979; amd. Sec. 3, Ch. 258, L. 2001.  
  50-15-405. Authorization for removal of body from place of death. (1) Except as provided in subsection (2), a dead body may be removed from the place of death only upon the written authorization or oral authorization, which must be reduced to writing within 24 hours, of the physician in attendance at death or the physician's designee, the advanced practice registered nurse in attendance at death, the coroner having jurisdiction, or a mortician licensed under 37-19-302.   (2) If the death requires inquiry under 46-4-122, the written authorization may only be granted by the coroner having jurisdiction or the coroner's designee or by the state medical examiner if the coroner fails to act. However, when the only reason for inquiry under 46-4-122 is that the body is to be cremated, the coroner may grant oral authorization for cremation of the body, which must be reduced to writing as specified under subsection (1) by the coroner.   (3) The written authorization to move a dead body or, when applicable, to cremate a dead body must be made in quadruplicate on a form provided by the department. The person in charge of disposition of the dead body, the coroner having jurisdiction, and the local registrar must each be provided with and retain a copy of the authorization. A fourth copy may accompany the body to final disposition, as necessary.   (4) A written authorization issued under this section permits removal, transportation, and final disposition of a dead body.   History: En. Secs. 67, 68, Ch. 197, L. 1967; R.C.M. 1947, 69-4427, 69-4428; amd. Sec. 30, Ch. 7, L. 1979; amd. Sec. 4, Ch. 287, L. 1993; amd. Sec. 18, Ch. 515, L. 1995; amd. Sec. 4, Ch. 258, L. 2001.  
  50-15-406. Body brought into state for disposition. If a body is brought into the state for burial or other disposition accompanied by a permit, the local registrar shall endorse the permit and keep a record of it.   History: En. Sec. 69, Ch. 197, L. 1967; R.C.M. 1947, 69-4429.  
  50-15-407. Disinterment permit. (1) A body, after burial, may be disinterred for reinterment or transport after a permit is obtained from the local registrar of the jurisdiction where the body is interred.   (2) Administration of this section is in the department, which shall adopt rules accordingly. The rules shall provide that, as a precondition to the permit, the applicant make a showing of reasonable cause for the disinterment.   (3) This section provides a supplementary procedure for disinterment of a dead body and is not amendatory to or repealing of any other act.   History: En. Sec. 1, Ch. 481, L. 1973; amd. Sec. 19, Ch. 187, L. 1977; R.C.M. 1947, 69-4428.1.  
  50-15-408 reserved.  
  50-15-409. List of deaths to be made by department -- copy to county clerk. The department shall prepare on or before the fifth of January, April, July, and October of each year a list of all deaths, together with the date of the death, reported to it during the period and shall send a copy of the list of deaths to the county clerk of each county in the state.   History: En. Sec. 2, Ch. 186, L. 1935; re-en. Sec. 10400.50, R.C.M. 1935; R.C.M. 1947, 91-4458; amd. Sec. 175, Ch. 418, L. 1995; amd. Sec. 521, Ch. 546, L. 1995; Sec. 72-16-217, MCA 1999; redes. 50-15-409 by Sec. 35, Ch. 9, Sp. L. May 2000.  
  50-15-410 reserved.  
  50-15-411. Sudden infant death syndrome -- findings -- definition. (1) As used in 50-15-412 and this section, "sudden infant death syndrome" means the sudden death of an infant under 1 year of age that remains unexplained after a thorough case investigation, including the performance of a complete autopsy, an examination of the death scene, and a review of the clinical history.   (2) The legislature recognizes that research has shown that sudden infant death syndrome is a leading cause of death among children from 1 month to 1 year of age. The legislature finds and declares that sudden infant death syndrome is a serious problem within Montana and that public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.   History: En. Sec. 1, Ch. 351, L. 1997.  
  50-15-412. Cause of death -- sudden infant death syndrome. When the coroner's findings are consistent with sudden infant death syndrome, the coroner may state on the death certificate that sudden infant death syndrome was the cause of death.   History: En. Sec. 2, Ch. 351, L. 1997.  
  50-15-701. Short title. This part may be cited as the "Tumor Registry Act".   History: En. Sec. 1, Ch. 354, L. 1981.  
  50-15-702. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Health care practitioner" means a person licensed pursuant to Title 37, chapter 3, to practice medicine or pursuant to Title 37, chapter 4, to practice dentistry.   (3) "Hospital" means a facility that provides, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick persons.   (4) "Medical services" means diagnosis or treatment of illness in a human being by or under the supervision of a health care practitioner.   History: En. Sec. 2, Ch. 354, L. 1981; amd. Sec. 106, Ch. 418, L. 1995; amd. Sec. 283, Ch. 546, L. 1995; amd. Sec. 1, Ch. 101, L. 1997.  
  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.   History: En. Sec. 3, Ch. 354, L. 1981; amd. Sec. 1, Ch. 12, L. 1985; amd. Sec. 2, Ch. 101, L. 1997.  
  50-15-704. Confidentiality. Information received by the department pursuant to this part may not be released unless:   (1) it is in statistical, nonidentifiable form;   (2) the provisions of Title 50, chapter 16, part 6, are satisfied;   (3) the release or transfer is to a person or organization that is qualified to perform data processing or data analysis and that has safeguards against unauthorized disclosure of that information;   (4) the release or transfer is to a central tumor registry of another state and is of information concerning a person who is residing in that state; or   (5) the release is to a health care practitioner or health care facility that is providing or has provided medical services to a person who has or has had a reportable tumor.   History: En. Sec. 4, Ch. 354, L. 1981; amd. Sec. 27, Ch. 632, L. 1987; amd. Sec. 3, Ch. 101, L. 1997.  
  50-15-705. Tumor registry. The department shall maintain a registry containing the names of all persons reported to it and all other information submitted to the department concerning those persons pursuant to 50-15-703.   History: En. Sec. 5, Ch. 354, L. 1981.  
  50-15-706. Rules. The department may adopt rules implementing this part, including:   (1) the types of tumors that are reportable; and   (2) the information on each patient having a reportable tumor that must be submitted to the department.   History: En. Sec. 6, Ch. 354, L. 1981.  
  50-15-707 through 50-15-709 reserved.  
  50-15-710. Immunity from liability. A person other than the department may not be held liable in a civil or criminal action for complying with the reporting requirements of 50-15-703 or for lawfully using information provided by the tumor registry in a manner that does not violate the Tumor Registry Act.   History: En. Sec. 4, Ch. 101, L. 1997.  
  50-16-101. Public officials and corporations to furnish information on request. On request, employees and officers of firms and corporations and public officials shall furnish public health information to the department of public health and human services.   History: En. Sec. 14, Ch. 197, L. 1967; R.C.M. 1947, 69-4114; amd. Sec. 107, Ch. 418, L. 1995; amd. Sec. 284, Ch. 546, L. 1995.  
  50-16-102. Information on infant morbidity and mortality. (1) If information on infant morbidity and mortality will be used to reduce those problems, data relating to the condition and treatment of any person may be given to the department of public health and human services, Montana medical association, an allied society of the Montana medical association, a committee of a nationally organized medical society or research group, or an inhospital staff committee.   (2) A person who furnishes information under subsection (1) is immune from suit for damages arising from the release of the data or publication of findings and conclusions based on the data.   (3) Data supplied under subsection (1) may be used or published only for advancing medical research or medical education in the interest of reducing infant morbidity or mortality. A summary of studies based on the data may be released for general publication.   (4) The identity of a person whose condition or treatment was studied is confidential and may not be revealed under any circumstances.   (5) Any data supplied or studies based on this data are privileged communications and may not be used as evidence in any legal proceeding. Any attempt to use or offer to supply the data or studies, without consent of the person treated or the person's legal representative, is prejudicial error resulting in a mistrial.   History: En. Sec. 15, Ch. 197, L. 1967; R.C.M. 1947, 69-4115; amd. Sec. 108, Ch. 418, L. 1995; amd. Sec. 285, Ch. 546, L. 1995.  
  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, as 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.   History: En. Sec. 1, Ch. 365, L. 2009.  
  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.   History: En. Sec. 2, Ch. 365, L. 2009.  
  50-16-105 through 50-16-107 reserved.  
  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.   History: En. Sec. 1, Ch. 231, L. 2013.  
  50-16-1001. Short title. This part may be cited as the "AIDS Prevention Act".   History: En. Sec. 1, Ch. 614, L. 1989.  
  50-16-1002. Statement of purpose. (1) The legislature recognizes that the epidemic of human immunodeficiency virus (HIV) infection, the causative agent of acquired immune deficiency syndrome (AIDS), and related medical conditions constitutes a serious danger to the public health and welfare. In the absence of a vaccine or a cure and because of the sexual and intravenous drug use behaviors by which the virus is predominantly spread, control of the epidemic is dependent on the education of those infected or at risk for infection.   (2) It is the intent of the legislature that education directed at preventing the transmission of HIV be provided to those infected and at risk of infection and to entreat such persons to come forward to determine their HIV infection status and to obtain appropriate education.   History: En. Sec. 2, Ch. 614, L. 1989.  
  50-16-1003. Definitions. As used in this part, the following definitions apply:   (1) "AIDS" means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U.S. department of health and human services, centers for disease control and prevention.   (2) "Antiretroviral prophylaxis" means a specific drug regime preventing mother-to-child transmission of HIV infections.   (3) "Contact" means a person who has been exposed to the test subject in a manner, voluntary or involuntary, that may allow HIV transmission in accordance with modes of transmission recognized by the U.S. department of health and human services, centers for disease control and prevention.   (4) "Department" means the department of public health and human services provided for in 2-15-2201.   (5) "Health care facility" means a health care institution, private or public, including but not limited to a hospital, nursing home, clinic, blood bank, blood center, sperm bank, or laboratory.   (6) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state or who is licensed, certified, or otherwise authorized by the laws of another state to provide health care in the ordinary course of business or practice of a profession. The term does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices.   (7) "HIV" means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired.   (8) "HIV-related condition" means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV.   (9) "HIV diagnostic test" means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV.   (10) "Local board" means a county, city, city-county, or district board of health.   (11) "Person" means an individual, corporation, organization, or other legal entity.   (12) "Rapid HIV diagnostic test" means a federally approved test designed to assist in time-sensitive diagnosis of HIV infections.   History: En. Sec. 3, Ch. 614, L. 1989; amd. Sec. 1, Ch. 544, L. 1991; amd. Sec. 111, Ch. 418, L. 1995; amd. Sec. 288, Ch. 546, L. 1995; amd. Sec. 1, Ch. 197, L. 1997; amd. Sec. 2, Ch. 524, L. 1997; amd. Sec. 5, Ch. 362, L. 2009.  
  50-16-1004. AIDS, HIV-related conditions, and HIV infection to be treated as other communicable diseases. It is the intent of the legislature to treat AIDS, HIV-related conditions, and HIV infection in the same manner as other communicable diseases, including sexually transmitted diseases, by adopting the most currently accepted public health practices with regard to testing, reporting, partner notification, and disease intervention. Nothing in this section is intended to prohibit the department from allowing testing for HIV infection to be performed and reported without identification of the subject of the test. The department shall adopt rules, as provided in 50-1-202, to reflect this policy.   History: En. Sec. 1, Ch. 524, L. 1997.  
  50-16-1005 and 50-16-1006 reserved.  
  50-16-1007. Repealed. Sec. 9, Ch. 362, L. 2009.   History: En. Sec. 4, Ch. 614, L. 1989; amd. Sec. 2, Ch. 544, L. 1991; amd. Sec. 6, Ch. 476, L. 1993; amd. Sec. 3, Ch. 524, L. 1997.  
  50-16-1008. Testing of donors of organs, tissues, and semen required -- penalty. (1) Prior to donation of an organ, semen, or tissues, HIV diagnostic testing of a prospective donor, in accordance with nationally accepted standards adopted by the department by rule, is required unless the transplantation of an indispensable organ is necessary to save a patient's life and there is not sufficient time to perform an HIV diagnostic test.   (2) A knowing or purposeful violation of this section is a misdemeanor punishable by a fine of up to $1,000 or imprisonment of up to 6 months, or both.   History: En. Sec. 5, Ch. 614, L. 1989; amd. Sec. 3, Ch. 544, L. 1991; amd. Sec. 6, Ch. 362, L. 2009.  
  50-16-1009. Confidentiality of records -- notification of contacts -- penalty for unlawful disclosure. (1) A person may not disclose or be compelled to disclose the identity of a subject of an HIV diagnostic test or the results of a test in a manner that permits identification of the subject of the test, except to the extent allowed under the Uniform Health Care Information Act, Title 50, chapter 16, part 5, the Government Health Care Information Act, Title 50, chapter 16, part 6, or applicable federal law.   (2) If a health care provider informs the subject of an HIV diagnostic test that the results are positive, the provider shall encourage the subject to notify persons who are potential contacts. If the subject is unable or unwilling to notify all contacts, the health care provider may ask the subject to disclose voluntarily the identities of the contacts and to authorize notification of those contacts by a health care provider. A notification may state only that the contact may have been exposed to HIV and may not include the time or place of possible exposure or the identity of the subject of the test.   (3) A person who discloses or compels another to disclose confidential health care information in violation of this section is guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for 1 year, or both.   History: En. Sec. 6, Ch. 614, L. 1989; amd. Sec. 4, Ch. 544, L. 1991; amd. Sec. 10, Ch. 396, L. 2003; amd. Sec. 7, Ch. 362, L. 2009.  
  50-16-1010 through 50-16-1012 reserved.  
  50-16-1013. Civil remedy. (1) A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation:   (a) against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater;   (b) against a person who intentionally or recklessly violates a provision of this part, damages of $20,000 or actual damages, whichever is greater;   (c) reasonable attorney fees; and   (d) other appropriate relief, including injunctive relief.   (2) An action under this section must be commenced within 3 years after the cause of action accrues.   (3) The department may maintain a civil action to enforce this part in which the court may order any relief permitted under subsection (1).   (4) Nothing in this section limits the rights of a subject of an HIV diagnostic test to recover damages or other relief under any other applicable law or cause of action.   (5) Nothing in this part may be construed to impose civil liability or criminal sanctions for disclosure of an HIV diagnostic test result in accordance with any reporting requirement for a diagnosed case of AIDS or an HIV-related condition by the department or the U.S. department of health and human services, centers for disease control and prevention.   History: En. Sec. 7, Ch. 614, L. 1989; amd. Sec. 5, Ch. 544, L. 1991; amd. Sec. 8, Ch. 362, L. 2009.  
  50-16-1014. Screening and pretest information. (1) Screening for HIV-related conditions must be considered routine and must be incorporated into the patient's general informed consent for medical care on the same basis as other screening and diagnostic tests.   (2) Screening for HIV-related conditions must be voluntary and undertaken with the patient's knowledge and understanding that HIV diagnostic testing is planned.   (3) Patients must be informed orally or in writing that HIV diagnostic testing will be performed.   (4) If a patient declines an HIV diagnostic test, this decision must be documented in the patient's medical record.   History: En. Sec. 1, Ch. 362, L. 2009.  
  50-16-1015. Prenatal HIV screening. (1) Screening for HIV-related conditions must be considered routine and must be incorporated into the pregnant patient's general informed consent for medical care on the same basis as other routine prenatal screening and diagnostic tests.   (2) Screening for HIV-related conditions in pregnant patients must be voluntary and undertaken with the patient's knowledge and understanding that HIV diagnostic testing is planned.   (3) Pregnant patients must be informed orally or in writing that HIV diagnostic testing will be performed.   (4) If a pregnant patient declines an HIV diagnostic test, this decision must be documented in the patient's medical record.   (5) Physicians and other health care providers licensed to provide prenatal care to pregnant women may:   (a) offer an HIV diagnostic test in the third trimester to pregnant women who were not tested earlier in the pregnancy; and   (b) offer a repeat HIV diagnostic test in the third trimester of pregnancy, preferably before 36 weeks of gestation, to each of their pregnant patients at high risk for acquiring HIV-related conditions.   History: En. Sec. 2, Ch. 362, L. 2009.  
  50-16-1016. Labor and delivery HIV screening. Physicians and other health care providers licensed to provide prenatal care to pregnant women shall, if medically indicated:   (1) offer a rapid HIV diagnostic test to pregnant women in labor with unknown or undocumented HIV status;   (2) offer antiretroviral prophylaxis without waiting for the results of the confirmatory test if a rapid HIV diagnostic test or a standard HIV diagnostic test is positive.   History: En. Sec. 3, Ch. 362, L. 2009.  
  50-16-201. Definitions. As used in this part, the following definitions apply:   (1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. The term includes all subsequent evaluations and analysis of an untoward event, including any opinions or conclusions of a reviewer.   (b) The term does not include:   (i) incident reports or occurrence reports; or   (ii) health care information that is used in whole or in part to make decisions about an individual who is the subject of the health care information.   (2) "Health care facility" has the meaning provided in 50-5-101.   (3) (a) "Incident report" or "occurrence report" means a written business record of a health care facility that:   (i) may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and   (ii) is a factual rendition of the event.   (b) The terms do not include any subsequent evaluation of the event created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee, regardless of whether or not the subsequent evaluation of the event occurred in response to an incident report or occurrence report. The creation of an incident report or occurrence report is not a condition precedent for a subsequent evaluation of an event, and any subsequent evaluation of an event remains privileged and confidential pursuant to this part, regardless of the creation of an incident report or occurrence report.   (4) "Medical practitioner" means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203.   History: En. Sec. 4, Ch. 104, L. 1969; R.C.M. 1947, 69-6304; amd. Sec. 1, Ch. 359, L. 2001; amd. Sec. 5, Ch. 396, L. 2003; amd. Sec. 124, Ch. 467, L. 2005; amd. Sec. 25, Ch. 519, L. 2005; amd. Sec. 2, Ch. 265, L. 2013.  
  50-16-202. Committees to have access to information. It is in the interest of public health and patient medical care that health care facility committees have access to the records and other health care information relating to the condition and treatment of patients in the health care facility to study and evaluate for the purpose of evaluating matters relating to the care and treatment of patients for research purposes and for the purpose of reducing morbidity or mortality and obtaining statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries. To carry out these purposes, any health care facility and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient in the health care facility to any utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of the health care facility.   History: En. Sec. 1, Ch. 104, L. 1969; R.C.M. 1947, 69-6301(part); amd. Sec. 2, Ch. 359, L. 2001.  
  50-16-203. Committee health care information and proceedings confidential and privileged. All records and health care information referred to in 50-16-202 are confidential and privileged to the committee and the members of the committee as though the health care facility patients were the patients of the members of the committee. All proceedings, records, and reports of committees are confidential and privileged.   History: En. Sec. 1, Ch. 104, L. 1969; R.C.M. 1947, 69-6301(part); amd. Sec. 3, Ch. 359, L. 2001.  
  50-16-204. Restrictions on use or publication of information. A utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment for research and statistical purposes. Neither a committee nor the members, agents, or employees of a committee shall disclose the name or identity of any patient whose records have been studied in any report or publication of findings and conclusions of a committee, but a committee and its members, agents, or employees shall protect the identity of any patient whose condition or treatment has been studied and may not disclose or reveal the name of any health care facility patient.   History: En. Sec. 2, Ch. 104, L. 1969; R.C.M. 1947, 69-6302; amd. Sec. 4, Ch. 359, L. 2001.  
  50-16-205. Data confidential -- inadmissible in judicial proceedings. All data is confidential and is not discoverable or admissible in evidence in any judicial proceeding. However, this section does not affect the discoverability or admissibility in evidence of health care information that is not data as defined in 50-16-201.   History: En. Sec. 3, Ch. 104, L. 1969; R.C.M. 1947, 69-6303; amd. Sec. 5, Ch. 359, L. 2001.  
  50-16-301. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 1, Ch. 578, L. 1979.  
  50-16-302. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 2, Ch. 578, L. 1979.  
  50-16-303. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 6, Ch. 578, L. 1979.  
  50-16-304. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 8, Ch. 578, L. 1979.  
  50-16-305. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 7, Ch. 578, L. 1979.  
  50-16-306 through 50-16-310 reserved.  
  50-16-311. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 3, Ch. 578, L. 1979; amd. Sec. 1, Ch. 725, L. 1985.  
  50-16-312. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 4, Ch. 578, L. 1979.  
  50-16-313. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 4, Ch. 578, L. 1979.  
  50-16-314. Repealed. Sec. 31, Ch. 632, L. 1987.   History: En. Sec. 5, Ch. 578, L. 1979.  
  50-16-401. Repealed. Sec. 1, Ch. 66, L. 1987.   History: En. Sec. 1, Ch. 628, L. 1983.  
  50-16-501. Short title. This part may be cited as the "Uniform Health Care Information Act".   History: En. Sec. 1, Ch. 632, L. 1987.  
  50-16-502. Legislative findings. The legislature finds that:   (1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;   (2) patients need access to their own health care information as a matter of fairness, to enable them to make informed decisions about their health care and to correct inaccurate or incomplete information about themselves;   (3) in order to retain the full trust and confidence of patients, health care providers have an interest in ensuring that health care information is not improperly disclosed and in having clear and certain rules for the disclosure of health care information;   (4) persons other than health care providers obtain, use, and disclose health record information in many different contexts and for many different purposes. It is the public policy of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even when the information is held by persons other than health care providers.   (5) the movement of patients and their health care information across state lines, access to and exchange of health care information from automated data banks, and the emergence of multistate health care providers creates a compelling need for uniform law, rules, and procedures governing the use and disclosure of health care information.   (6) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., require health care providers subject to that legislation to provide significant privacy protection for health care information and the provisions of this part are no longer necessary for those health care providers; and   (7) because the provisions of HIPAA do not apply to some health care providers, it is important that these health care providers continue to adhere to this part.   History: En. Sec. 2, Ch. 632, L. 1987; amd. Sec. 6, Ch. 396, L. 2003.  
  50-16-503. Uniformity of application and construction. This part must be applied and construed to effectuate their general purpose to make uniform the laws with respect to the treatment of health care information among states enacting them.   History: En. Sec. 3, Ch. 632, L. 1987.  
  50-16-504. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:   (1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine compliance with:   (a) statutory, regulatory, fiscal, medical, or scientific standards;   (b) a private or public program of payments to a health care provider; or   (c) requirements for licensing, accreditation, or certification.   (2) "Directory information" means information disclosing the presence and the general health condition of a patient who is an inpatient in a health care facility or who is receiving emergency health care in a health care facility.   (3) "General health condition" means the patient's health status described in terms of critical, poor, fair, good, excellent, or terms denoting similar conditions.   (4) "Health care" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.   (5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.   (6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. The term includes any record of disclosures of health care information.   (7) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.   (8) "Institutional review board" means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.   (9) "Maintain", as related to health care information, means to hold, possess, preserve, retain, store, or control that information.   (10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.   (11) "Peer review" means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. The committee must be:   (a) authorized by law to evaluate health care services; and   (b) governed by written bylaws approved by the governing board of the health care facility or an organization of health care providers.   (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.   (13) "Reasonable fee" means the charge, as provided for in 50-16-540, for duplicating, searching for, or handling recorded health care information.   History: En. Sec. 4, Ch. 632, L. 1987; amd. Sec. 2, Ch. 300, L. 1999; amd. Sec. 7, Ch. 396, L. 2003.  
  50-16-505. Limit on applicability. The provisions of this part apply only to a health care provider that is not subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.   History: En. Sec. 8, Ch. 396, L. 2003.  
  50-16-506 through 50-16-510 reserved.  
  50-16-511. Duty to adopt security safeguards. A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.   History: En. Sec. 21, Ch. 632, L. 1987.  
  50-16-512. Content and dissemination of notice. (1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a notice of information practices, in substantially the following form:   NOTICE   "We keep a record of the health care services we provide for you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it at ............"   (2) The health care provider shall post a copy of the notice of information practices in a conspicuous place in the health care facility and upon request provide patients or prospective patients with a copy of the notice.   History: En. Sec. 18, Ch. 632, L. 1987.  
  50-16-513. Retention of record. A health care provider shall maintain a record of existing health care information for at least 1 year following receipt of an authorization to disclose that health care information under 50-16-526 and during the pendency of a request for examination and copying under 50-16-541 or a request for correction or amendment under 50-16-543.   History: En. Sec. 22, Ch. 632, L. 1987.  
  50-16-514 through 50-16-520 reserved.  
  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.   History: En. Sec. 19, Ch. 632, L. 1987.  
  50-16-522. Representative of deceased patient. Except as provided in 50-19-402, a personal representative of a deceased patient 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 patient.  History: En. Sec. 20, Ch. 632, L. 1987; amd. Sec. 1, Ch. 657, L. 1989; amd. Sec. 1824, Ch. 56, L. 2009; amd. Sec. 1, Ch. 67, L. 2013; amd. Sec. 7, Ch. 353, L. 2013; amd. Sec. 6, Ch. 235, L. 2017.  
  50-16-523 and 50-16-524 reserved.  
  50-16-525. Disclosure by health care provider. (1) Except as authorized in 50-16-529, 50-16-530, and 50-19-402 or as otherwise specifically provided by law or the Montana Rules of Civil Procedure, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent or employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.  (2) A health care provider shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the preceding 3 years, except for a person who has examined the recorded health care information under 50-16-529(1) or (2). The record of disclosure must include the name, address, and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination, and to the extent practicable a description of the information disclosed.   History: En. Sec. 5, Ch. 632, L. 1987; amd. Sec. 2, Ch. 657, L. 1989; amd. Sec. 8, Ch. 519, L. 1997; amd. Sec. 8, Ch. 353, L. 2013; amd. Sec. 7, Ch. 235, L. 2017.  
  50-16-526. Patient authorization to health care provider for disclosure. (1) A patient may authorize a health care provider to disclose the patient's health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under 50-16-542.   (2) A health care provider may charge a reasonable fee, not to exceed the fee provided for in 50-16-540, and is not required to honor an authorization until the fee is paid.   (3) To be valid, a disclosure authorization to a health care provider must:   (a) be in writing, dated, and signed by the patient;   (b) identify the nature of the information to be disclosed; and   (c) identify the person to whom the information is to be disclosed.   (4) Except as provided by this part, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the Montana Rules of Evidence, or common law.   History: En. Sec. 6, Ch. 632, L. 1987; amd. Sec. 3, Ch. 300, L. 1999.  
  50-16-527. Patient authorization -- retention -- effective period -- exception -- communication without prior notice for workers' compensation purposes. (1) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.   (2) Except for authorizations to provide information to third-party health care payors, an authorization may not permit the release of health care information relating to health care that the patient receives more than 6 months after the authorization was signed.   (3) Health care information disclosed under an authorization is otherwise subject to this part. An authorization becomes invalid after the expiration date contained in the authorization, which may not exceed 30 months. If the authorization does not contain an expiration date, it expires 6 months after it is signed.   (4) Notwithstanding subsections (2) and (3), a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, or to the agent of a workers' compensation insurer by the health care provider. The disclosure authorized by this subsection authorizes the physician or other health care provider to disclose or release only information relevant to the claimant's condition. Health care information relevant to the claimant's condition may include past history of the complaints of or the treatment of a condition that is similar to that presented in the claim, conditions for which benefits are subsequently claimed, other conditions related to the same body part, or conditions that may affect recovery. A release of information related to workers' compensation must be consistent with the provisions of this subsection. Authorization under this section is effective only as long as the claimant is claiming benefits. This subsection may not be construed to restrict the scope of discovery or disclosure of health care information as allowed under the Montana Rules of Civil Procedure, by the workers' compensation court, or as otherwise provided by law.   (5) A signed claim for workers' compensation or occupational disease benefits or a signed release authorizes a workers' compensation insurer, as defined in 39-71-116, or the agent of the workers' compensation insurer to communicate with a physician or other health care provider about relevant health care information, as authorized in subsection (4), by telephone, letter, electronic communication, in person, or by other means, about a claim and to receive from the physician or health care provider the information authorized in subsection (4) without prior notice to the injured employee, to the employee's authorized representative or agent, or in the case of death, to the employee's personal representative or any person with a right or claim to compensation for the injury or death.   History: En. Sec. 7, Ch. 632, L. 1987; amd. Sec. 13, Ch. 333, L. 1989; amd. Sec. 1, Ch. 480, L. 1999; amd. Sec. 5, Ch. 464, L. 2003.  
  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.   History: En. Sec. 8, Ch. 632, L. 1987.  
  50-16-529. Disclosure without patient's authorization based on need to know. A health care provider may disclose health care information about a patient without the patient's authorization, to the extent a recipient needs to know the information, if the disclosure is:   (1) to a person who is providing health care to the patient;   (2) to any other person who requires health care information for health care education; to provide planning, quality assurance, peer review, or administrative, legal, financial, or actuarial services to the health care provider; for assisting the health care provider in the delivery of health care; or to a third-party health care payor who requires health care information and if the health care provider reasonably believes that the person will:   (a) not use or disclose the health care information for any other purpose; and   (b) take appropriate steps to protect the health care information;   (3) to any other health care provider who has previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider not to make the disclosure;   (4) to immediate family members of the patient or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with the laws of the state and good medical or other professional practice, unless the patient has instructed the health care provider not to make the disclosure;   (5) to a health care provider who is the successor in interest to the health care provider maintaining the health care information;   (6) for use in a research project that an institutional review board has determined:   (a) is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;   (b) is impracticable without the use or disclosure of the health care information in individually identifiable form;   (c) contains reasonable safeguards to protect the information from improper disclosure;   (d) contains reasonable safeguards to protect against directly or indirectly identifying any patient in any report of the research project; and   (e) contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;   (7) to a person who obtains information for purposes of an audit, if that person agrees in writing to:   (a) remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and   (b) not disclose the information further, except to accomplish the audit or to report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient or other unlawful conduct by a health care provider;   (8) to an official of a penal or other custodial institution in which the patient is detained; and   (9) to any contact, as defined in 50-16-1003, if the health care provider reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the contact or any other individual.   History: En. Sec. 9, Ch. 632, L. 1987; amd. Sec. 3, Ch. 657, L. 1989; amd. Sec. 6, Ch. 544, L. 1991.  
  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.   History: En. Sec. 10, Ch. 632, L. 1987; amd. Sec. 1, Ch. 68, L. 1989; amd. Sec. 2, Ch. 396, L. 1995; amd. Sec. 1, Ch. 101, L. 2001; amd. Sec. 2, Ch. 124, L. 2001.  
  50-16-531. Immunity of health care providers pursuant to written authorization -- form required. A health care provider who discloses health care information within the possession of the provider, including health care information from another provider, is immune from any civil cause of action by the patient or the patient's heirs or successors in interest that is based upon delivery to the patient or the patient's designee of health care information concerning the patient that is contained in the health care provider's patient file if the information is disclosed in accordance with a written authorization using the following language:   "All health care information in your possession, whether generated by you or by any other source, may be released to me or to ...............(named person) for ...............(purpose of the disclosure). This release is subject to revocation at any time. The revocation is effective from the time it is communicated to the health care provider. If not revoked, the release terminates in accordance with 50-16-527.   ...............................   (Signature of patient)"   History: En. Sec. 1, Ch. 469, L. 1993.  
  50-16-532 through 50-16-534 reserved.  
  50-16-535. When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:   (a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;   (b) the patient has waived the right to claim confidentiality for the health care information sought;   (c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;   (d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;   (e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;   (f) a patient's health care information is to be used in the patient's commitment proceeding;   (g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(j);   (h) the health care information is relevant to a proceeding brought under 50-16-551 through 50-16-553;   (i) the health care information is relevant to a proceeding brought under Title 41, chapter 3;   (j) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest; or   (k) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or a similar federal law.   (2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding in which disclosure is otherwise prohibited by law.   History: En. Sec. 11, Ch. 632, L. 1987; amd. Sec. 4, Ch. 657, L. 1989; amd. Sec. 9, Ch. 396, L. 2003; amd. Sec. 24, Ch. 504, L. 2003.  
  50-16-536. Method of compulsory process. (1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-535(1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-535(1)(j), the person seeking discovery or compulsory process shall mail a notice by first-class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate required under subsection (2) of this section to the health care provider.   (2) Service of compulsory process or discovery requests upon a health care provider must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person's authorized representative, identifying at least one subsection of 50-16-535 under which compulsory process or discovery is being sought. The certification must also state, in the case of information sought under 50-16-535(1)(b), (1)(d), or (1)(e) or in a civil proceeding under 50-16-535(1)(j), that the requirements of subsection (1) of this section for notice have been met. A person may sign the certification only if the person reasonably believes that the subsection of 50-16-535 identified in the certification provides an appropriate basis for the use of discovery or compulsory process. Unless otherwise ordered by the court, the health care provider shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.   (3) In response to service of compulsory process or discovery requests, when authorized by law, a health care provider may deny access to the requested health care information. Additionally, a health care provider may deny access to the requested health care information under 50-16-542(1). If access to requested health care information is denied by the health care provider under 50-16-542(1), the health care provider shall submit to the court by affidavit or other reasonable means an explanation of why the health care provider believes the information should be protected from disclosure.   (4) When access to health care information is denied under 50-16-542(1), the court may order disclosure of health care information, with or without restrictions as to its use, as the court considers necessary. In deciding whether to order disclosure, the court shall consider the explanation submitted by the health care provider, the reasons for denying access to health care information set forth in 50-16-542(1), and any arguments presented by interested parties.   (5) A health care provider required to disclose health care information pursuant to compulsory process may charge a reasonable fee, not to exceed the fee provided for in 50-16-540, and may deny examination or copying of the information until the fee is paid.   (6) Production of health care information under 50-16-535 and this section does not in itself constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.   History: En. Sec. 12, Ch. 632, L. 1987; amd. Sec. 5, Ch. 657, L. 1989; amd. Sec. 44, Ch. 16, L. 1991; amd. Sec. 4, Ch. 300, L. 1999; amd. Sec. 25, Ch. 504, L. 2003.  
  50-16-537 through 50-16-539 reserved.  
  50-16-540. Reasonable fees allowed. A reasonable fee for providing health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.   History: En. Sec. 1, Ch. 300, L. 1999.  
  50-16-541. Requirements and procedures for patient's examination and copying. (1) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request, shall:   (a) make the information available to the patient for examination, without charge, during regular business hours or provide a copy, if requested, to the patient;   (b) inform the patient if the information does not exist or cannot be found;   (c) if the health care provider does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider who maintains the record;   (d) if the information is in use or unusual circumstances have delayed handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, not later than 21 days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or   (e) deny the request in whole or in part under 50-16-542 and inform the patient.   (2) Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the health care provider in the requested form, the health care provider is not required to create a new record or reformulate an existing record to make the information available in the requested form. The health care provider may charge a reasonable fee for each request, not to exceed the fee provided for in 50-16-540, for providing the health care information and is not required to provide copies until the fee is paid.   History: En. Sec. 13, Ch. 632, L. 1987; amd. Sec. 5, Ch. 300, L. 1999.  
  50-16-542. Denial of examination and copying. (1) A health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:   (a) knowledge of the health care information would be injurious to the health of the patient;   (b) knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;   (c) knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;   (d) the health care information is data, as defined in 50-16-201, that is compiled and used solely for utilization review, peer review, medical ethics review, quality assurance, or quality improvement;   (e) the health care information might contain information protected from disclosure pursuant to 50-15-121 and 50-15-122;   (f) the health care provider obtained the information from a person other than the patient; or   (g) access to the health care information is otherwise prohibited by law.   (2) Except as provided in 50-16-521, a health care provider may deny access to health care information by a patient who is a minor if:   (a) the patient is committed to a mental health facility; or   (b) the patient's parents or guardian has not authorized the health care provider to disclose the patient's health care information.   (3) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) from information for which access cannot be denied and permit the patient to examine or copy the information subject to disclosure.   (4) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (1)(c), the provider shall permit examination and copying of the record by the patient's spouse, adult child, or parent or guardian or by another health care provider who is providing health care services to the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.   History: En. Sec. 14, Ch. 632, L. 1987; amd. Sec. 6, Ch. 657, L. 1989; amd. Sec. 19, Ch. 515, L. 1995; amd. Sec. 6, Ch. 359, L. 2001.  
  50-16-543. Request for correction or amendment. (1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient's health care information to which the provider has access under 50-16-541.   (2) As promptly as required under the circumstances but no later than 10 days after receiving a request from a patient to correct or amend its record of the patient's health care information, the health care provider shall:   (a) make the requested correction or amendment and inform the patient of the action and of the patient's right to have the correction or amendment sent to previous recipients of the health care information in question;   (b) inform the patient if the record no longer exists or cannot be found;   (c) if the health care provider does not maintain the record, inform the patient and provide the patient with the name and address, if known, of the person who maintains the record;   (d) if the record is in use or unusual circumstances have delayed the handling of the correction or amendment request, inform the patient and specify in writing the earliest date, not later than 21 days after receiving the request, when the correction or amendment will be made or when the request will otherwise be disposed of; or   (e) inform the patient in writing of the provider's refusal to correct or amend the record as requested, the reason for the refusal, and the patient's right to add a statement of disagreement and to have that statement sent to previous recipients of the disputed health care information.   History: En. Sec. 15, Ch. 632, L. 1987; amd. Sec. 1825, Ch. 56, L. 2009.  
  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.   History: En. Sec. 16, Ch. 632, L. 1987; amd. Sec. 1826, Ch. 56, L. 2009.  
  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.   History: En. Sec. 17, Ch. 632, L. 1987; amd. Sec. 6, Ch. 300, L. 1999.  
  50-16-546 through 50-16-550 reserved.  
  50-16-551. Criminal penalty. (1) A person who by means of bribery, theft, or misrepresentation of identity, purpose of use, or entitlement to the information examines or obtains, in violation of this part, health care information maintained by a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.   (2) A person who, knowing that a certification under 50-16-536(2) or a disclosure authorization under 50-16-526 and 50-16-527 is false, purposely presents the certification or disclosure authorization to a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.   History: En. Sec. 23, Ch. 632, L. 1987.  
  50-16-552. Civil enforcement. The attorney general or appropriate county attorney may maintain a civil action to enforce this part. The court may order any relief authorized by 50-16-553.   History: En. Sec. 24, Ch. 632, L. 1987.  
  50-16-553. Civil remedies. (1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.   (2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.   (3) A health care provider who relies in good faith upon a certification pursuant to 50-16-536(2) is not liable for disclosures made in reliance on that certification.   (4) A disciplinary or punitive action may not be taken against a health care provider or the provider's employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.   (5) In an action by a patient alleging that health care information was improperly withheld under 50-16-541 and 50-16-542, the burden of proof is on the health care provider to establish that the information was properly withheld.   (6) If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.   (7) If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.   (8) An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.   History: En. Sec. 25, Ch. 632, L. 1987; amd. Sec. 1827, Ch. 56, L. 2009.  
  50-16-601. Short title. This part may be cited as the "Government Health Care Information Act".   History: En. Sec. 1, Ch. 481, L. 1989.  
  50-16-602. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) (a) "Health care information" means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. The term includes any record of disclosures of health care information and any information about an individual received pursuant to state law or rules relating to communicable disease.   (b) The term does not include vital statistics information gathered under Title 50, chapter 15.   (3) "Local board" means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1.   (4) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board.   History: En. Sec. 2, Ch. 481, L. 1989; amd. Sec. 109, Ch. 418, L. 1995; amd. Sec. 286, Ch. 546, L. 1995.  
  50-16-603. Confidentiality of health care information. Health care information in the possession of the department, a local board, a local health officer, or the entity's authorized representatives may not be released except:   (1) for statistical purposes, if no identification of individuals can be made from the information released;   (2) when the health care information pertains to a person who has given written consent to the release and has specified the type of information to be released and the person or entity to whom it may be released;   (3) to medical personnel in a medical emergency as necessary to protect the health, life, or well-being of the named person;   (4) as allowed by Title 50, chapters 17 and 18;   (5) to another state or local public health agency, including those in other states, whenever necessary to continue health services to the named person or to undertake public health efforts to prevent or interrupt the transmission of a communicable disease or to alleviate and prevent injury caused by the release of biological, chemical, or radiological agents capable of causing imminent disability, death, or infection;   (6) in the case of a minor, as required by 41-3-201 or pursuant to an investigation or a safety and risk assessment under 41-3-202 or if the health care information is to be presented as evidence in a court proceeding involving child abuse pursuant to Title 41, chapter 3. Documents containing the information must be sealed by the court upon conclusion of the proceedings.   (7) to medical personnel, the department, a local health officer or board, or a district court when necessary to implement or enforce state statutes or state or local health rules concerning the prevention or control of diseases designated as reportable pursuant to 50-1-202, if the release does not conflict with any other provision contained in this part.   History: En. Sec. 3, Ch. 481, L. 1989; amd. Sec. 10, Ch. 391, L. 2003; amd. Sec. 26, Ch. 504, L. 2003; amd. Sec. 7, Ch. 382, L. 2019.  
  50-16-604. Secondary release of health care information. Information released pursuant to 50-16-603 may not be released by the person or entity it is released to unless the release conforms to the requirements of 50-16-603.   History: En. Sec. 4, Ch. 481, L. 1989.  
  50-16-605. Judicial, legislative, and administrative proceedings -- testimony. (1) An officer or employee of the department may not be examined in a judicial, legislative, administrative, or other proceeding about the existence or content of records containing individually identifiable health care information, including the results of investigations, unless all individuals whose names appear in the records give written consent to the release of information identifying them.   (2) Subsection (1) does not apply if the health care information is to be released pursuant to 50-16-603(6) and (7).   History: En. Sec. 5, Ch. 481, L. 1989; amd. Sec. 27, Ch. 504, L. 2003.  
  50-16-606. Correlation with Uniform Health Care Information Act. Health care information in the possession of a local board, local health officer, or the department because a health care provider employed by any of these entities provided health care to a patient, either individually or at a public health center or other publicly owned health care facility, is subject to the Uniform Health Care Information Act and not subject to this part.   History: En. Sec. 1, Ch. 432, L. 1991.  
  50-16-607 through 50-16-610 reserved.  
  50-16-611. Penalty. A person who knowingly violates the provisions of this part is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.   History: En. Sec. 6, Ch. 481, L. 1989.  
  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.   History: En. Sec. 1, Ch. 390, L. 1989; amd. Sec. 1, Ch. 476, L. 1993; amd. Sec. 110, Ch. 418, L. 1995; amd. Sec. 287, Ch. 546, L. 1995; amd. Sec. 13, Ch. 93, L. 1997; amd. Sec. 1, Ch. 146, L. 1999; amd. Sec. 27, Ch. 220, L. 2019.  
  50-16-702. Notification of exposure to infectious disease -- report of exposure to disease. (1) (a) If an emergency services provider acting in an official capacity attends a patient prior to or during transport or assists in transporting a patient to a health care facility and the emergency services provider has had an exposure, the emergency services provider may request the designated officer to submit the form required by department rule to the health care facility on the emergency services provider's behalf. The form must be provided for in rules adopted by the department and must include the emergency services provider's name and other information required by the department, including a description of the exposure. The designated officer shall submit the completed form to the health care facility receiving the patient as soon as possible after the request for submission by the emergency services provider. Submission of the form to the health care facility is an indication that the emergency services provider was exposed and a verification that the designated officer and the emergency services provider believe that the emergency services provider was exposed.   (b) If the exposure described on the form occurred in a manner that may allow infection by HIV, as defined in 50-16-1003, by a mode of transmission recognized by the U.S. department of health and human services, centers for disease control and prevention, then submission of the form to the health care facility constitutes a request to the patient's physician to perform an HIV diagnostic test pursuant to 50-16-1014.   (c) Upon receipt of the report of exposure from a designated officer, the health care facility shall notify the designated officer in writing whether or not a determination has been made that the patient has or does not have an infectious disease. If a determination has been made and the patient has been found:   (i) to have an infectious disease, the information required by 50-16-703 must be provided by the health care facility;   (ii) to not have an infectious disease, the date on which the patient was transported to the health care facility must be provided by the health care facility.   (2) If a health care facility receiving a patient determines that the patient has an airborne infectious disease, the health care facility shall, within 48 hours after the determination was made, notify the designated officer and the department of that fact. The notice to the department must include the name of the emergency services organization that transported the patient to the health care facility. The department shall, within 24 hours after receiving the notice, notify the designated officer of the emergency services provider who transported the patient.   (3) A designated officer who receives the notification from a health care facility required by 50-16-703(2) or by subsection (1)(c) of this section shall immediately provide the information contained in the notification to the emergency services provider for whom the report of exposure was filed or who was exposed to a patient with an airborne infectious disease.   History: En. Sec. 2, Ch. 390, L. 1989; amd. Sec. 7, Ch. 544, L. 1991; amd. Sec. 2, Ch. 476, L. 1993; amd. Sec. 2, Ch. 146, L. 1999; amd. Sec. 4, Ch. 362, L. 2009.  
  50-16-703. Notification of precautions after exposure to infectious disease. (1) After a patient is transported to a health care facility and if a physician determines that the transported patient has an infectious disease, the physician shall inform the infectious disease control officer of the health care facility of the determination within 24 hours after the determination is made.   (2) If it is determined that the infectious disease is airborne or a report of exposure was filed concerning the patient under 50-16-702, the health care facility shall provide the notification required by subsection (3) orally within 48 hours after the time of diagnosis and in writing within 72 hours after diagnosis to the designated officer of each emergency services organization known to the health care facility to have provided emergency services to the patient prior to or during transportation to the health care facility.   (3) The notification must state the disease to which the emergency services provider was exposed, the appropriate medical precautions and treatment that the exposed person needs to take, the date on which the patient was transported to the health care facility, and the time that the patient arrived at the facility.   History: En. Sec. 3, Ch. 390, L. 1989; amd. Sec. 3, Ch. 476, L. 1993; amd. Sec. 3, Ch. 146, L. 1999.  
  50-16-704. Confidentiality -- penalty for violation -- immunity from liability. (1) The name of the person diagnosed as having an infectious disease may not be released to anyone, including the emergency services provider who was exposed, nor may the name of the emergency services provider who was exposed be released to anyone other than the emergency services provider, except as required by this part, by department rule concerning reporting of communicable disease, or as allowed by Title 50, chapter 16, part 5.   (2) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.   (3) A health care facility, a representative of a health care facility, a physician, or the designated officer of an emergency services provider's organization may not be held jointly or severally liable for providing the notification required by 50-16-703 when the notification is made in good faith or for failing to provide the notification if good faith attempts to contact an exposed person of exposure are unsuccessful.   History: En. Sec. 5, Ch. 390, L. 1989; amd. Sec. 4, Ch. 476, L. 1993; amd. Sec. 4, Ch. 146, L. 1999.  
  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.   History: En. Sec. 4, Ch. 390, L. 1989; amd. Sec. 5, Ch. 476, L. 1993; amd. Sec. 5, Ch. 146, L. 1999.  
  50-16-706 through 50-16-710 reserved.  
  50-16-711. Health care facility and emergency services organization responsibilities for tracking exposure to infectious disease. (1) The health care facility and the emergency services organization shall develop internal procedures for implementing the provisions of this part and department rules.   (2) The health care facility must have available at all times a person to receive the form provided for in 50-16-702 containing a report of exposure to infectious disease.   (3) The health care facility shall designate an infectious disease control officer and an alternate who will be responsible for maintaining the required records and notifying designated officers in accordance with the provisions of this part and the rules promulgated under this part and shall provide the names of the designated officer and the alternate to the department.   (4) The emergency services organization shall name a designated officer and an alternate and shall provide their names to the department.   History: En. Sec. 7, Ch. 476, L. 1993; amd. Sec. 6, Ch. 146, L. 1999.  
  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.   History: En. Sec. 1, Ch. 396, L. 1995.  
  50-16-801. Legislative findings. The legislature finds that:   (1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;   (2) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., provide significant privacy protection for health care information with respect to health care providers subject to HIPAA;   (3) for health care providers subject to the health care information privacy protections of HIPAA, the applicability of the provisions of Title 50, chapter 16, part 5, relating to health care privacy is unnecessary and may result in significant practical difficulties;   (4) it is in the best interest of the citizens of Montana to have certain requirements, with respect to the use or release of health care information by health care providers, that are more restrictive than or additional to the health care privacy protections of HIPAA.   History: En. Sec. 15, Ch. 396, L. 2003.  
  50-16-802. Applicability. This part applies only to health care providers subject to the health care information privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.   History: En. Sec. 16, Ch. 396, L. 2003.  
  50-16-803. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:   (1) "Health care" means care, services, or supplies provided by a health care provider that are related to the health of an individual. Health care includes but is not limited to the following:   (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to an individual's physical or mental condition; or   (b) the sale or dispensing of any drug, device, equipment, or other item in accordance with a prescription.   (2) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.   (3) "Health care information" means any information, whether oral or recorded in any form or medium, that:   (a) is created or received by a health care provider;   (b) relates to the past, present, or future physical or mental health or condition of an individual or to the past, present, or future payment for the provision of health care to the individual; and   (c) identifies or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.   (4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.   (5) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.   (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.   (7) "Reasonable fee" means the charge, as provided for in 50-16-816, for duplicating, searching for, or handling recorded health care information.   History: En. Sec. 17, Ch. 396, L. 2003.  
  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.  History: En. Sec. 18, Ch. 396, L. 2003; amd. Sec. 2, Ch. 67, L. 2013; amd. Sec. 9, Ch. 353, L. 2013; amd. Sec. 8, Ch. 235, L. 2017.  
  50-16-805. Disclosure of information allowed for certain purposes. (1) To the extent provided in 39-71-604 and 50-16-527, a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, by the health care provider.  (2) A health care provider may disclose health care information about an individual for law enforcement purposes if the disclosure is to:   (a) federal, state, or local law enforcement authorities to the extent required by law; or   (b) a law enforcement officer about the general physical condition of a patient being treated in a health care facility if the patient was injured by the possible criminal act of another.   (3) A health care provider may disclose health care information to a fetal, infant, child, and maternal mortality review team for the purposes of 50-19-402.   History: En. Sec. 19, Ch. 396, L. 2003; amd. Sec. 3, Ch. 67, L. 2013; amd. Sec. 10, Ch. 353, L. 2013; amd. Sec. 9, Ch. 235, L. 2017.  
  50-16-806 through 50-16-810 reserved.  
  50-16-811. When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:   (a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;   (b) the patient has waived the right to claim confidentiality for the health care information sought;   (c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;   (d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;   (e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;   (f) a patient's health care information is to be used in the patient's commitment proceeding;   (g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(i);   (h) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest;   (i) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or similar federal law; or   (j) the patient is deceased and the coroner requires the health care information for the investigation of the death as provided in Title 46, chapter 4, part 1.   (2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise prohibited by law.   History: En. Sec. 20, Ch. 396, L. 2003; amd. Sec. 1, Ch. 164, L. 2017.  
  50-16-812. Method of compulsory process. (1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-811(1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-811(1)(h), the person seeking compulsory process or discovery shall mail a notice by first-class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate required under subsection (2) of this section to the health care provider.   (2) Service of compulsory process or discovery requests upon a health care provider must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person's authorized representative, identifying at least one subsection of 50-16-811 under which compulsory process or discovery is being sought. The certification must also state, in the case of information sought under 50-16-811(1)(b), (1)(d), or (1)(e) or in a civil proceeding under 50-16-811(1)(h), that the requirements of subsection (1) of this section for notice have been met. A person may sign the certification only if the person reasonably believes that the subsection of 50-16-811 identified in the certification provides an appropriate basis for the use of compulsory process or discovery. Unless otherwise ordered by the court, the health care provider shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.   (3) In response to service of compulsory process or discovery requests, when authorized by law, a health care provider may deny access to the requested health care information. If access to requested health care information is denied by the health care provider, the health care provider shall submit to the court by affidavit or other reasonable means an explanation of why the health care provider believes that the information should be protected from disclosure.   (4) When access to health care information is denied, the court may order disclosure of health care information, with or without restrictions as to its use, as the court considers necessary. In deciding whether to order disclosure, the court shall consider the explanation submitted by the health care provider and any arguments presented by interested parties.   (5) A health care provider required to disclose health care information pursuant to compulsory process may charge a reasonable fee, not to exceed the fee provided for in 50-16-816, and may deny examination or copying of the information until the fee is paid.   (6) Production of health care information under 50-16-811 and this section does not in itself constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.   History: En. Sec. 21, Ch. 396, L. 2003.  
  50-16-813 through 50-16-815 reserved.  
  50-16-816. Reasonable fees. Unless prohibited by federal law, a reasonable fee for providing copies of health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.   History: En. Sec. 22, Ch. 396, L. 2003.  
  50-16-817. Civil remedies. (1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.   (2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.   (3) A disciplinary or punitive action may not be taken against a health care provider or the provider's employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.   (4) If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.   (5) If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.   (6) An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.   (7) A health care provider who relies in good faith upon certification pursuant to 50-16-812 is considered to have received reasonable assurances and is not liable for disclosures made in reliance on that certification.   History: En. Sec. 23, Ch. 396, L. 2003.  
  50-16-818. Good faith. A person authorized to act as a health care representative for an individual with respect to the individual's health care information shall act in good faith to represent the best interests of the individual.   History: En. Sec. 24, Ch. 396, L. 2003.  
  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.   History: En. Sec. 24, Ch. 197, L. 1967; R.C.M. 1947, 69-4301; amd. Sec. 1, Ch. 61, L. 1985.  
  50-17-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Acute heart attack" means a heart attack that involves a prolonged period of blocked blood supply, affects a large area of the heart, and is measured by an elevation of the ST segment of an electrocardiogram.   (2) "Approved course of treatment" means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department.   (3) "Critical access hospital" has the meaning provided in 50-5-101.   (4) "Department" means the department of public health and human services provided for in 2-15-2201.   (5) "Emergency medical service" has the meaning provided in 50-6-302.   (6) "Hospital" has the meaning provided in 50-5-101.   (7) "Local board" means a city, county, city-county, or district board of health.   (8) "Receiving hospital" means a hospital capable of performing coronary revascularization for a patient suffering an acute heart attack.   (9) "Treatment location" or "location" means a hospital or other place designated by a local health officer where the person diagnosed with tuberculosis must remain to be available for an approved course of treatment.   (10) (a) "Tuberculosis" means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex.   (b) The term does not include infection by mycobacterium bovis in a nonpulmonary site that is a result of instillation of bacille calmette-guerin as part of cancer therapy.   History: (1)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (2), (3)En. Sec. 25, Ch. 197, L. 1967; Sec. 69-4302, R.C.M. 1947; R.C.M. 1947, 69-4102(2), 69-4302; amd. Sec. 2, Ch. 61, L. 1985; amd. Sec. 112, Ch. 418, L. 1995; amd. Sec. 289, Ch. 546, L. 1995; amd. Sec. 1, Ch. 190, L. 2001; amd. Sec. 1, Ch. 400, L. 2017.  
  50-17-103. Powers and duties of department. (1) The department shall:   (a) accept, spend, and distribute federal funds available for tuberculosis control;   (b) collect and study data on the incidence of tuberculosis;   (c) adopt rules for the determination and control of tuberculosis.   (2) The department may, if appropriate, contract with federal agencies or other state agencies for receipt and expenditure of federal funds.   History: En. Secs. 26, 27, Ch. 197, L. 1967; amd. Secs. 45, 104, Ch. 349, L. 1974; R.C.M. 1947, 69-4303, 69-4304; amd. Sec. 3, Ch. 61, L. 1985.  
  50-17-104. Repealed. Sec. 19, Ch. 579, L. 1993.   History: En. Secs. 39, 40, Ch. 197, L. 1967; amd. Secs. 46, 47, Ch. 349, L. 1974; R.C.M. 1947, 69-4316(part), 69-4317; amd. Sec. 9, Ch. 361, L. 1983; amd. Sec. 4, Ch. 61, L. 1985.  
  50-17-105. Application to require examination or treatment for tuberculosis. (1) The department or a local board may apply for an order from the district court if a person is reasonably suspected to have or to have been exposed to tuberculosis, upon request of:   (a) a physician legally authorized to practice medicine in the state;   (b) the department; or   (c) a local health officer.   (2) The application must request that the person be ordered to:   (a) submit to an examination for tuberculosis and, if the person is found to have tuberculosis, to complete an approved course of treatment; or   (b) enter or return to a treatment location to complete an approved course of treatment.   (3) The application for an order provided for in subsections (1) and (2) of this section must allege that the person:   (a) is suspected of having tuberculosis or has been exposed to tuberculosis and has refused to be examined for tuberculosis as required by rules adopted by the department; or   (b) has tuberculosis and has refused to be treated or to complete an approved course of treatment.   (4) The application must state the names of witnesses by which facts alleged may be proved. At least one witness must be a physician.   History: (1), (2)En. Sec. 28, Ch. 197, L. 1967; Sec. 69-4305, R.C.M. 1947; (3), (4)En. Sec. 29, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-4306, R.C.M. 1947; R.C.M. 1947, 69-4305, 69-4306; amd. Sec. 6, Ch. 37, L. 1979; amd. Sec. 5, Ch. 61, L. 1985; amd. Sec. 2, Ch. 190, L. 2001.  
  50-17-106. Hearing on the application. The procedure for a hearing on the application is as follows:   (1) A summons stating the time and place of the hearing and a copy of the application are personally served on the person.   (2) The summons, with endorsement of the time of service, is filed with the district court prior to the hearing.   (3) Not fewer than 3 or more than 7 days after service of the summons, a hearing is held in the district court.   (4) The court examines witnesses in attendance or others it wishes to call.   History: En. Sec. 30, Ch. 197, L. 1967; R.C.M. 1947, 69-4307.  
  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.   History: En. Sec. 31, Ch. 197, L. 1967; R.C.M. 1947, 69-4308; amd. Sec. 6, Ch. 61, L. 1985; amd. Sec. 3, Ch. 190, L. 2001.  
  50-17-108. Commitment on noncompliance with order to be examined or treated. (1) If a person fails to comply with an order issued pursuant to 50-17-107 to submit to an examination for tuberculosis within the time set, the court shall order the person committed to a hospital to determine if the person has tuberculosis and, if so, whether the person is infectious.   (2) If a person fails to comply with an order issued pursuant to 50-17-107 to complete an approved course of treatment, the court shall order the person to be restricted to a treatment location to complete an approved course of treatment under the supervision of a local health officer, the officer's designee, or a physician or other health care professional designated by the department.   History: En. Sec. 32, Ch. 197, L. 1967; R.C.M. 1947, 69-4309; amd. Sec. 7, Ch. 61, L. 1985; amd. Sec. 4, Ch. 190, L. 2001.  
  50-17-109. Order of commitment -- warrant for transportation. If a person is committed pursuant to 50-17-108 to a hospital for examination or to a treatment location for treatment, the court shall:   (1) send certified copies of an order of commitment to:   (a) the hospital at which the person is to be examined; or   (b) the person who will supervise the course of treatment at the treatment location; and   (c) the department and local board of health; and   (2) issue a warrant directed to the sheriff to transport the person to the designated hospital or treatment location.   History: En. Sec. 33, Ch. 197, L. 1967; R.C.M. 1947, 69-4310; amd. Sec. 5, Ch. 190, L. 2001.  
  50-17-110. Confinement in hospital or treatment location -- submission to treatment. (1) A person committed under 50-17-107 or 50-17-108 shall remain at the hospital or treatment location until discharged under 50-17-112 or 50-17-113. However, the person is not required to submit to medical or surgical treatment without the person's written consent, the consent of the person's next of kin or guardian if the person is incompetent, or the consent of the person's parent or guardian if the person is a minor.   (2) The person in charge of the hospital or the person supervising an approved course of treatment for a person at a treatment location may use reasonable means to ensure that the person committed remains at the hospital or location.   History: En. Sec. 34, Ch. 197, L. 1967; R.C.M. 1947, 69-4311; amd. Sec. 8, Ch. 61, L. 1985; amd. Sec. 6, Ch. 190, L. 2001.  
  50-17-111. Transfer of person to another treatment location. If it is in the best interest of a person committed to a treatment location, the person may be transferred from the location to which the person was committed to another location approved by the department. The person in charge of the approved course of treatment at the location to which the person was committed shall notify the court that ordered commitment, and the department or local board that requested commitment, of the transfer.   History: En. Sec. 37, Ch. 197, L. 1967; R.C.M. 1947, 69-4314; amd. Sec. 7, Ch. 190, L. 2001.  
  50-17-112. Procedure to obtain release from commitment. (1) One hundred and eighty days or more after the date of commitment, a person committed under 50-17-107 or 50-17-108 may apply to the court that ordered the person's commitment for a release.   (2) Not fewer than 3 or more than 7 days after receipt of the request, the court shall hold a hearing.   (3) Following the hearing, the court shall:   (a) order the person's discharge if it finds that the person has completed an approved course of treatment or does not have tuberculosis; or   (b) dismiss the request if it finds that the person still has tuberculosis or that the person has refused to submit to an examination to determine whether the person has tuberculosis or has not yet completed an approved course of treatment.   History: En. Sec. 35, Ch. 197, L. 1967; R.C.M. 1947, 69-4312; amd. Sec. 9, Ch. 61, L. 1985; amd. Sec. 1828, Ch. 56, L. 2009.  
  50-17-113. Voluntary release. (1) If the physician for the person at the hospital or treatment location where the person has been committed and the department or local board that requested commitment concur that a person either does not have tuberculosis or has completed an approved course of treatment, the person must be released from the hospital or treatment location.   (2) The department or local board of health that requested commitment shall file a notice of date of release with the court that ordered commitment.   History: En. Sec. 36, Ch. 197, L. 1967; R.C.M. 1947, 69-4313; amd. Sec. 10, Ch. 61, L. 1985; amd. Sec. 8, Ch. 190, L. 2001.  
  50-17-114. Payment of costs, expenses, and fees. (1) Court costs, expenses, and all fees must be paid by the treasurer of the county from which a person is committed.   (2) Expenses and fees must be paid as follows:   (a) to sheriffs and their deputies, the same fees allowed for similar services in district court;   (b) to physicians, not to exceed two, fees as set by the court;   (c) to witnesses, the same fees and mileage provided for attendance in district court;   (d) to persons other than the sheriff or the sheriff's deputies who transport a person to or from a hospital or treatment location, witness fees and expenses as verified by the court.   (3) Expenses of transporting a person to a hospital or treatment location for commitment must be paid from the general fund of the county from which the person is committed.   History: (1), (2)En. Sec. 38, Ch. 197, L. 1967; Sec. 69-4315, R.C.M. 1947; (3)En. Sec. 39, Ch. 197, L. 1967; amd. Sec. 46, Ch. 349, L. 1974; Sec. 69-4316, R.C.M. 1947; R.C.M. 1947, 69-4315, 69-4316(part); amd. Sec. 9, Ch. 190, L. 2001.  
  50-17-115. Emergency detainment -- petition -- detention. (1) If a physician, the department, or a local health officer reasonably believes that a person has tuberculosis and that the person is likely to attempt to leave the jurisdiction to avoid a hearing on commitment, the physician, department, or local health officer shall notify the sheriff of the county in which the person is found, who shall cause the person to be detained in a hospital. At least by the next regular business day, the physician, department, or local health officer shall petition for an order from the district court of the county in which the person is found for continued detention of the person and to require examination or treatment for tuberculosis pursuant to 50-17-105. The sheriff must serve the summons required by 50-17-106 on the person the same day the petition is filed.   (2) Immediately after the petition is filed the court will decide whether further emergency detention is required and may order continued hospital detention of the person for no more than 7 days if it finds that the person is an unacceptable danger to the public health and safety in that the person probably has tuberculosis and unless detained will probably leave the jurisdiction to avoid a hearing pursuant to this part.   (3) The district court of the county in which the person is found has jurisdiction over the person for the purposes of this section. The district court may, in the interests of justice, order that jurisdiction over further proceedings be transferred to the district court of the county of the person's residence.   History: En. Sec. 1, Ch. 460, L. 1989; amd. Sec. 10, Ch. 190, L. 2001.  
  50-17-201. Department monitoring of acute heart attack data -- reporting requirement. (1) The department shall undertake the following activities to achieve continuous quality improvement in the response to and treatment of acute heart attacks:   (a) monitor data reported to and analyses generated by a national data platform, including prehospital, hospital, and posthospital measures;   (b) identify potential interventions or practices to improve the response to acute heart attacks in Montana or in specific regions of the state;   (c) work with hospitals, critical access hospitals, and emergency medical service providers on the reporting of data and on using the results of data analysis; and   (d) make recommendations to the legislature and to hospitals, critical access hospitals, emergency medical service providers, and health care providers on ways to improve the response to and delivery of care for acute heart attacks.   (2) The department shall coordinate its efforts under this part with state and national organizations involved in quality improvement for acute heart attacks in order to avoid duplication of efforts.   (3) The department shall establish an oversight process and implement a plan for achieving continuous quality improvement in the quality of care provided for acute heart attacks, including the system response to and the treatment of acute heart attacks.   History: En. Sec. 2, Ch. 400, L. 2017.  
  50-17-202. Reporting and review of acute heart attack data. To improve the response to and treatment of acute heart attacks, the department shall:   (1) require receiving hospitals to report to the national data platform information consistent with nationally recognized guidelines on the treatment of individuals with confirmed acute heart attacks;   (2) encourage hospitals, critical access hospitals, and emergency medical service providers that refer patients suffering acute heart attacks to a receiving hospital to participate in the national data platform;   (3) encourage health care professionals who provide care to patients with acute heart attacks to share data and discuss ways to improve the quality of care for the patients;   (4) encourage the use of evidence-based treatment guidelines for helping patients obtain ongoing community-based followup care in outpatient settings after discharge from a hospital; and   (5) work with hospitals, critical access hospitals, and emergency medical service providers to develop recommendations for improving the delivery of care to patients suffering acute heart attacks.   History: En. Sec. 3, Ch. 400, L. 2017.  
  50-17-203. Confidentiality. (1) In reporting and reviewing data pursuant to this part, the department, hospitals, critical access hospitals, emergency medical service providers, and health care professionals shall comply with any restrictions established on use of the information contained in the data platform the department is monitoring.   (2) Information obtained by the department pursuant to this part may be released only in a statistical, nonidentifiable form.   History: En. Sec. 4, Ch. 400, L. 2017.  
  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.   History: En. Sec. 97, Ch. 197, L. 1967; R.C.M. 1947, 69-4601(part); amd. Sec. 1, Ch. 440, L. 1989; amd. Sec. 2, Ch. 71, L. 1993.  
  50-18-102. Powers and duties of department. The department of public health and human services shall undertake to prevent, control, and prescribe treatments for sexually transmitted diseases and may conduct education campaigns for this purpose.   History: En. Sec. 98, Ch. 197, L. 1967; amd. Sec. 57, Ch. 349, L. 1974; R.C.M. 1947, 69-4602(part); amd. Sec. 2, Ch. 440, L. 1989; amd. Sec. 113, Ch. 418, L. 1995; amd. Sec. 290, Ch. 546, L. 1995.  
  50-18-103. Cooperation with federal agencies -- federal funds. (1) The department of public health and human services shall cooperate with federal agencies and may expend federal funds made available to the state for the prevention, control, and treatment of sexually transmitted diseases.   (2) The department may accept federal funds available for the prevention, control, and treatment of sexually transmitted diseases, deposit funds in the state treasury, and disburse the funds.   History: En. Secs. 98, 99, Ch. 197, L. 1967; amd. Secs. 57, 58, Ch. 349, L. 1974; R.C.M. 1947, 69-4602(part), 69-4603; amd. Sec. 3, Ch. 440, L. 1989; amd. Sec. 114, Ch. 418, L. 1995; amd. Sec. 291, Ch. 546, L. 1995.  
  50-18-104. Serological test for syphilis. (1) The department of public health and human services shall approve a standard serological test for syphilis. It shall also approve laboratories that may make the tests.   (2) On request, the department shall make laboratory tests required by this chapter.   History: En. Sec. 107, Ch. 197, L. 1967; R.C.M. 1947, 69-4611; amd. Sec. 1, Ch. 41, L. 1985; amd. Sec. 4, Ch. 440, L. 1989; amd. Sec. 115, Ch. 418, L. 1995; amd. Sec. 292, Ch. 546, L. 1995.  
  50-18-105. Rules of department binding. Rules adopted by the department of public health and human services for carrying out the provisions of this chapter are binding on all persons and have the effect of law.   History: En. Sec. 112, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4616; amd. Sec. 116, Ch. 418, L. 1995; amd. Sec. 293, Ch. 546, L. 1995.  
  50-18-106. Duty to report cases. If a physician or other person knows or has reason to suspect that a person who has a sexually transmitted disease is behaving in a way that might expose another to infection, the physician or person shall immediately notify the local health officer of the name and address of the diseased person and the essential facts in the case.   History: En. Secs. 100, 103, Ch. 197, L. 1967; R.C.M. 1947, 69-4604, 69-4607; amd. Sec. 5, Ch. 440, L. 1989; amd. Sec. 1829, Ch. 56, L. 2009.  
  50-18-107. Powers and duties of health officers. (1) If found necessary or desirable to protect public health, state and local health officers or their authorized deputies or agents shall:   (a) examine or have examined persons reasonably suspected of being infected with a sexually transmitted disease;   (b) require persons infected to report for treatment to a reputable physician and continue treatment, which may be at public expense, until cured;   (c) isolate or quarantine persons who refuse examination or treatment;   (d) investigate sources of infection of a sexually transmitted disease.   (2) No one but the state or local health officer may terminate the isolation or quarantine. Examinations may be made repeatedly as deemed advisable or desirable.   History: En. Sec. 101, Ch. 197, L. 1967; R.C.M. 1947, 69-4605; amd. Sec. 6, Ch. 440, L. 1989.  
  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.   History: En. Sec. 102, Ch. 197, L. 1967; R.C.M. 1947, 69-4606; amd. Sec. 7, Ch. 440, L. 1989.  
  50-18-109. Permissible release of information concerning infected persons. (1) Information concerning persons infected or reasonably suspected to be infected with a sexually transmitted disease may be released only:   (a) to personnel of the department of public health and human services;   (b) to a physician who has written consent of the person whose record is requested;   (c) to a local health officer; or   (d) by the department of public health and human services or a local health officer or board under the circumstances allowed by Title 50, chapter 16, part 6.   (2) For the purposes of this section, the term "information" includes all knowledge or intelligence and all communications of all knowledge or intelligence, oral or written or in record form, and also includes but is not limited to information concerning the location or nature of the activities or work of all local, state, or federal employees or officers engaged in sexually transmitted disease eradication work. Communications to and from personnel are privileged as provided in 26-1-810.   (3) The purpose of this section is to protect and preserve the principle of confidentiality in sexually transmitted disease work by local, state, and federal public personnel, as confidentiality is important to the success of all sexually transmitted disease eradication work and endeavor, and to require that the principle of confidentiality in the work remain inviolate.   History: En. Sec. 106, Ch. 197, L. 1967; amd. Sec. 1, Ch. 135, L. 1971; amd. Sec. 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4610; amd. Sec. 8, Ch. 440, L. 1989; amd. Sec. 117, Ch. 418, L. 1995; amd. Sec. 294, Ch. 546, L. 1995.  
  50-18-110. Unlawful dispensing of drugs for cure or alleviation of sexually transmitted disease. It is unlawful to prescribe, sell, or recommend any drugs, medicines, or other substances for the cure or alleviation of a sexually transmitted disease except upon prescription signed by a person legally authorized to do so by the pharmacy laws of this state.   History: En. Sec. 104, Ch. 197, L. 1967; R.C.M. 1947, 69-4608; amd. Sec. 9, Ch. 440, L. 1989.  
  50-18-111. Certificate of freedom from sexually transmitted disease not to be issued. No person shall issue a certificate of freedom from a sexually transmitted disease. However, a physician or health officer may issue a statement of freedom from diseases in an infectious state only if it is written in such form or given under safeguards that will prevent its use in solicitation for sexual intercourse. These statements shall not be used for solicitation for immoral purposes.   History: En. Sec. 105, Ch. 197, L. 1967; R.C.M. 1947, 69-4609; amd. Sec. 10, Ch. 440, L. 1989.  
  50-18-112. Infected person not to expose another to sexually transmitted disease. A person infected with a sexually transmitted disease may not knowingly expose another person to infection.   History: En. Sec. 97, Ch. 197, L. 1967; R.C.M. 1947, 69-4601(part); amd. Sec. 11, Ch. 440, L. 1989.  
  50-18-113. Violation a misdemeanor. A person who violates provisions of this chapter or rules adopted by the department of public health and human services concerning a sexually transmitted disease or who fails or refuses to obey any lawful order issued by a state or local health officer is guilty of a misdemeanor.   History: En. Sec. 113, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4617; amd. Sec. 12, Ch. 440, L. 1989; amd. Sec. 118, Ch. 418, L. 1995; amd. Sec. 295, Ch. 546, L. 1995.  
  50-19-101. 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) "Health care provider" means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license.   (3) "Standard serological test" means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department.   History: En. Sec. 1, Ch. 228, L. 1973; amd. Sec. 25, Ch. 187, L. 1977; R.C.M. 1947, 69-6701; amd. Sec. 119, Ch. 418, L. 1995; amd. Sec. 296, Ch. 546, L. 1995; amd. Sec. 2, Ch. 351, L. 2001; amd. Sec. 26, Ch. 519, L. 2005; amd. Sec. 85, Ch. 2, L. 2009.  
  50-19-102. Duties of department. (1) The department shall provide all necessary printing and pay all necessary expenses relative to administration of this part.   (2) Reasonable rules for reports to be submitted by any laboratory making tests and the manner of furnishing the reports to the health care provider and the state must be adopted by the department.   (3) The department may use information derived from reports of positive tests for sexually transmitted diseases or hepatitis B surface antigen for followup procedures required by law or considered necessary by the department for the protection of public health.   History: En. Secs. 3, 7, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(1), (3), 69-6707; amd. Sec. 16, Ch. 440, L. 1989; amd. Sec. 3, Ch. 351, L. 2001.  
  50-19-103. Prenatal blood sample required for serological test. (1) Every female, regardless of age or marital status, seeking prenatal care from a health care provider is required to submit a blood specimen for the purpose of a standard serological test. In submitting the specimen to the laboratory, the health care provider shall designate it as a prenatal test.   (2) A health care provider who attends a pregnant woman shall at the first professional visit take the blood sample and submit it to a laboratory.   (3) A person permitted to attend a pregnant woman, but not permitted to take blood samples, must have the sample taken by a person permitted to take blood samples and submit it to a laboratory.   (4) A health care provider who violates this part is guilty of a misdemeanor. However, a health care provider who requests a sample of blood in accordance with this provision and whose request is refused is not guilty of a violation of this section.   History: En. Sec. 2, Ch. 228, L. 1973; R.C.M. 1947, 69-6702; amd. Sec. 4, Ch. 351, L. 2001.  
  50-19-104. Approved laboratory to perform syphilis, hepatitis B surface antigen, and rubella immunity tests. (1) The tests for syphilis, hepatitis B surface antigen, and rubella immunity must be done by the laboratory of the department, a laboratory approved by the department, any other state laboratory, or a United States public health service or armed forces laboratory.   (2) The department may establish a reasonable fee for the tests done by the department laboratory.   History: En. Sec. 3, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(part); amd. Sec. 1, Ch. 72, L. 1985; amd. Sec. 5, Ch. 351, L. 2001.  
  50-19-105. Report of positive test results. All positive laboratory tests for any sexually transmitted diseases or hepatitis B surface antigen must be reported to the department by the laboratory preparing the test. The department shall prescribe the form and way of reporting.   History: En. Sec. 3, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(2); amd. Sec. 13, Ch. 440, L. 1989; amd. Sec. 6, Ch. 351, L. 2001.  
  50-19-106. Repealed. Sec. 5, Ch. 154, L. 1983.   History: En. Sec. 4, Ch. 228, L. 1973; amd. Sec. 26, Ch. 187, L. 1977; R.C.M. 1947, 69-6704.  
  50-19-107. Required and permissible exhibit of test results. The report of the results of the test certified by the laboratory must be exhibited by the health care provider to the patient. Upon request of the patient, the report of the results of the test may be exhibited to the spouse of the patient, or if the patient is a minor, report of the results of the test may be exhibited to the minor's parents or to the minor's legal guardian.   History: En. Sec. 5, Ch. 228, L. 1973; R.C.M. 1947, 69-6705; amd. Sec. 7, Ch. 351, L. 2001.  
  50-19-108. Unauthorized divulgence of information a misdemeanor. Certificates, laboratory statements or reports, or any other matters in this part referred to and the information therein contained shall be confidential and may not be divulged to or open to inspection by any person other than the patient or those designated by the patient to receive the information or other than state and local health officers or their duly authorized representatives. A person who divulges this information or opens to inspection the certificates, statements, or reports without authority to any person not by law entitled to them is guilty of a misdemeanor and may be fined not more than $100.   History: En. Sec. 6, Ch. 228, L. 1973; R.C.M. 1947, 69-6706.  
  50-19-109. Waiver of test by court when contrary to patient's religious creed. The district court within the county wherein any person affected by this part resides may waive the requirements of this part as to the person if the judge is satisfied, by affidavit or other proof, that the tests required by the part are contrary to the tenets or practices of the religious creed of which the applicant is an adherent and that the public health and welfare will not be injuriously affected thereby.   History: En. Sec. 8, Ch. 228, L. 1973; R.C.M. 1947, 69-6708.  
  50-19-110. Birth or fetal death certificate to state whether test made. A birth or fetal death certificate shall state whether a standard serological test was made on the specimen of blood, but the birth or fetal death certificate may not show the result of the test. The certificate shall state the approximate date when the specimen was taken, and if no test was made, the reason shall be stated.   History: En. Sec. 9, Ch. 228, L. 1973; R.C.M. 1947, 69-6709.  
  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.   History: En. Sec. 1, Ch. 227, L. 1973; R.C.M. 1947, 69-6710; amd. Sec. 120, Ch. 418, L. 1995; amd. Sec. 297, Ch. 546, L. 1995.  
  50-19-202. Administration. This part shall be administered by the department, and the department may adopt rules for the administration of this part.   History: En. Sec. 3, Ch. 227, L. 1973; R.C.M. 1947, 69-6712.  
  50-19-203. Newborn screening and followup for metabolic and genetic disorders. (1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and genetic disorders as required under rules adopted by the department. The department shall initiate rulemaking to add testing for a new metabolic or genetic disorder to the newborn screening panel on occurrence of the following:  (a) a reliable test or series of tests for screening newborns for a genetic or metabolic condition using dried blood spots or other testing is developed and registered with the United States food and drug administration;   (b) quality assurance testing methodology is available and approved by the United States centers for disease control and prevention;   (c) necessary materials for the testing and quality assurance testing are commercially available; and   (d) the newborn screening advisory committee has recommended that the test be added to the newborn screening protocol.   (2) The tests must be done by an approved laboratory. An approved laboratory must be the laboratory of the department or a laboratory approved by the department.   (3) The department shall contract with one or more providers qualified to provide followup services, including counseling and education, for children and parents of children identified with metabolic or genetic disorders to ensure the availability of followup services.   History: En. Sec. 2, Ch. 227, L. 1973; R.C.M. 1947, 69-6711; amd. Sec. 1, Ch. 401, L. 2007; amd. Sec. 2, Ch. 372, L. 2021. 
  50-19-204. Department and Montana developmental center to furnish assistance when requested. (1) The department and the staff of the Montana developmental center shall make available and furnish, when requested, any assistance and services permitted by law to achieve the legislative intent of this part.   (2) The department may determine its procedure for advising the attending physician, the parents, or legal guardian of the newborn infant of any medical results of the test and the availability of assistance, services, or counseling of the department and the staff of the Montana developmental center.   (3) The department may determine procedures for coordination with the Montana developmental center in providing the services and assistance required in this part.   History: En. Sec. 4, Ch. 227, L. 1973; R.C.M. 1947, 69-6713; amd. Sec. 1, Ch. 151, L. 1985.  
  50-19-205. Newborn screening advisory committee -- membership -- duties. (1) There is a newborn screening advisory committee. The committee consists of 12 members appointed by the director of the department.  (2) (a) The director shall appoint the following voting members:   (i) two members who are persons affected by or family members of a person affected by a disorder tested for pursuant to 50-19-203;   (ii) two members who are physicians or nurse practitioners who are board-certified in obstetrics, pediatrics, family medicine, or neonatology;   (iii) one member who is a representative of a birthing center;   (iv) one member who is a representative of medicaid or the insurance industry;   (v) one member who is a representative of an advocacy association regarding newborns with medical conditions or rare disorders;   (vi) one member who is a medical geneticist or who has at least 5 years of experience working in a testing laboratory; and   (vii) one member who works in a tribal health care system.   (b) The director shall appoint the following department employees as nonvoting members:   (i) the chief medical director;   (ii) a representative of the newborn screening program; and   (iii) a representative of the laboratory services bureau.   (3) (a) Except as provided in subsection (3)(b), each voting committee member shall serve a staggered 3-year term and is subject to reappointment for one succeeding term.   (b) The director shall appoint the first [nine] voting members to an initial term of 1, 2, or 3 years so that the terms of no more than four members expire in any given year.   (4) The committee shall meet at least two times each year.   (5) The committee shall report its findings to the director at least once a year, if applicable, including providing recommendations that the department initiate rulemaking to add an additional metabolic or genetic disorder to the newborn screening protocol. In making recommendations to the department, the committee shall use federally recognized national standards for newborn screening, including the recommended uniform screening panel developed by the health resources and services administration of the United States department of health and human services.   (6) Members of the committee are not entitled to compensation for their services, but they are entitled to a mileage allowance, as provided in 2-18-503, and travel and meal expenses, as provided in 2-18-501 and 2-18-502.   (7) The committee shall gather information on recent developments in testing technology, investigate staff and equipment requirements of new tests, and perform other activities related to newborn screening. The committee may make recommendations to the director regarding conditions that should be added to the newborn screening panel.   (8) The committee is attached to the department of public health and human services for administrative purposes, and the department shall provide staff support to the committee.   (9) The committee shall give priority to reviewing Krabbe disease.   History: En. Sec. 1, Ch. 372, L. 2021. 
  50-19-206 through 50-19-210 reserved. 
  50-19-211. Statewide genetics program established. (1) A combined, comprehensive statewide genetics program is established in the department to ensure the availability of services that include but are not limited to:   (a) comprehensive clinical and self-supporting laboratory genetic services, including but not limited to cytogenetics, DNA, and special chemistry, to all areas of the state and all segments of the population;   (b) counseling and testing programs for the diagnosis and management of genetic conditions; and   (c) educational programs for physicians, allied health professionals, and the public with respect to:   (i) the nature of genetic processes;   (ii) the inheritance patterns of genetic conditions; and   (iii) the means, methods, and facilities available to diagnose, counsel, and treat genetic conditions.   (2) When the department contracts for genetics services under this section, it shall preferably contract with a single entity that is able to provide the combined, comprehensive program. The department and the contractor shall administer the contract in the most cost-effective means practicable.   History: En. Sec. 1, Ch. 706, L. 1985; amd. Sec. 2, Ch. 396, L. 2005; amd. Sec. 2, Ch. 401, L. 2007.  
  50-19-212. State special revenue account. There is an account in the state special revenue fund to the credit of the department to be used solely for the purposes provided in 50-19-211.   History: En. Sec. 3, Ch. 396, L. 2005.  
  50-19-301. Short title. This part may be cited as "The Montana Initiative for the Abatement of Mortality in Infants (MIAMI) Act".   History: En. Sec. 1, Ch. 649, L. 1989.  
  50-19-302. Purposes. The purposes of this part are to:   (1) assure that mothers and children, in particular those with low income or with limited availability of health services, receive access to quality maternal and child health services;   (2) reduce infant mortality and the number of low birthweight babies; and   (3) prevent the incidence of children born with chronic illnesses, birth defects, or severe disabilities as a result of inadequate prenatal care.   History: En. Sec. 2, Ch. 649, L. 1989.  
  50-19-303. Definitions. For purposes of this part, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Low income" means, with respect to an individual or family, income that does not exceed the official federal poverty threshold as defined by the federal office of management and budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981.   (3) "Project" means the MIAMI project established in 50-19-311.   (4) "Service provider" means a person, agency, or organization that has a contract to provide services under the MIAMI project.   History: En. Sec. 3, Ch. 649, L. 1989; amd. Sec. 121, Ch. 418, L. 1995; amd. Sec. 298, Ch. 546, L. 1995; amd. Sec. 7, Ch. 171, L. 1997.  
  50-19-304 through 50-19-310 reserved.  
  50-19-311. MIAMI project. (1) There is a MIAMI project established in the department.   (2) Under the project, the department shall provide the following services:   (a) infant mortality review;   (b) morbidity review of births involving low birthweight babies;   (c) low birthweight prevention;   (d) assistance to low-income women and infants in gaining access to prenatal care, delivery, and postpartum care;   (e) referral of low-income women and children to other programs to protect the health of women and children, including:   (i) supplemental food programs for women, infants, and children;   (ii) family planning services; and   (iii) other maternal and child health programs;   (f) public education and community outreach to inform the public on:   (i) the importance of receiving early prenatal care;   (ii) the need for good health habits during pregnancy; and   (iii) the availability of special services for pregnant women and for children.   History: En. Sec. 4, Ch. 649, L. 1989; amd. Sec. 2, Ch. 634, L. 1991.  
  50-19-312. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 6, Ch. 649, L. 1989; amd. Sec. 3, Ch. 634, L. 1991.  
  50-19-313 through 50-19-320 reserved.  
  50-19-321. Contracts for services. (1) The department shall contract with service providers to provide services under the MIAMI project.   (2) In selecting service providers, the department shall take into consideration the past performance of the person, agency, or organization in providing similar services, the demonstrated effectiveness of the service provider in delivering comparable or related services, the fiscal accountability of the service provider, and such other factors as the department determines to be appropriate.   History: En. Sec. 7, Ch. 649, L. 1989.  
  50-19-322. Federal and other aid. (1) The department may apply for and receive federal aid and other funding available for the MIAMI project.   (2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.   History: En. Sec. 8, Ch. 649, L. 1989; amd. Sec. 9, Ch. 10, L. 2009.  
  50-19-323. Coordination of programs. The department shall coordinate services under the MIAMI project with other services and programs in the state including:   (1) the early and periodic screening, diagnosis, and treatment services program under Title XIX of the federal Social Security Act;   (2) the Montana medicaid program established in 53-6-101;   (3) programs administered with funds under the federal Maternal and Child Health Services Block Grant Act, Public Law 97-35, as may be amended; and   (4) the services of fetal, infant, child, and maternal mortality teams as provided in part 4 of this chapter.   History: En. Sec. 9, Ch. 649, L. 1989; amd. Sec. 9, Ch. 519, L. 1997.  
  50-19-401. Short title. This part may be cited as the "Fetal, Infant, Child, and Maternal Mortality Prevention Act".   History: En. Sec. 1, Ch. 519, L. 1997; amd. Sec. 4, Ch. 67, L. 2013.  
  50-19-402. Statement of policy -- access to information. (1) The prevention of fetal, infant, child, and maternal deaths is both the policy of the state of Montana and a community responsibility. Many community professionals have expertise that can be used to promote the health, safety, and welfare of fetuses, infants, children, and postnatal women. The use of these professionals in reviewing fetal, infant, child, and maternal deaths can lead to a greater understanding of the causes of death and the methods of preventing deaths. It is the intent of the legislature to encourage local communities to establish voluntary multidisciplinary fetal, infant, child, and maternal mortality review teams to study the incidence and causes of fetal, infant, child, and maternal deaths and to make recommendations for community or statewide change, if appropriate, that may help prevent future deaths.   (2) (a) A health care provider may disclose information about a patient without the patient's authorization or without the authorization of the representative of a patient who is deceased upon request of a local fetal, infant, child, and maternal mortality review team. The review team may request and may receive information from:   (i) a county attorney as provided in 44-5-303(4);   (ii) a tribal attorney; and   (iii) a health care provider as permitted in:   (A) Title 50, chapter 16, part 5 or 8; or   (B) applicable federal law.   (b) The review team shall maintain the confidentiality of the information received.   (3) (a) The local fetal, infant, child, and maternal mortality review team may:   (i) perform an indepth analysis of fetal, infant, and child deaths;   (ii) perform an indepth analysis of maternal deaths that occur within a year of the time a woman gave birth;   (iii) compile statistics of fetal, infant, child, and maternal mortality and communicate the statistics to the department of public health and human services for inclusion in statistical reports;   (iv) analyze the preventable causes of fetal, infant, child, and maternal deaths, including child abuse and neglect and postpartum complications; and   (v) recommend measures to prevent future fetal, infant, child, and maternal deaths.   (b) The analysis authorized under this subsection (3) may include a review of records available by law.   (4) A local fetal, infant, child, and maternal mortality review team may not review deaths under this section if:   (a) the deaths involve fetuses, infants, children, or women who are Indians;   (b) the deaths occur within the boundaries of an Indian reservation; and   (c) the tribal government opposes the review.   History: En. Sec. 2, Ch. 519, L. 1997; amd. Sec. 11, Ch. 396, L. 2003; amd. Sec. 1, Ch. 413, L. 2003; amd. Sec. 5, Ch. 67, L. 2013.  
  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 duties and delegation agreement 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; and   (s) 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.   History: En. Sec. 3, Ch. 519, L. 1997; amd. Sec. 2, Ch. 413, L. 2003; amd. Sec. 16, Ch. 449, L. 2007; amd. Sec. 6, Ch. 67, L. 2013.  
  50-19-404. Records -- confidentiality. Material and information obtained by a local fetal, infant, child, and maternal mortality review team are not subject to disclosure under the public records law. Material and information obtained by a review team are not subject to subpoena.   History: En. Sec. 4, Ch. 519, L. 1997; amd. Sec. 3, Ch. 413, L. 2003; amd. Sec. 7, Ch. 67, L. 2013.  
  50-19-405. Unauthorized disclosure -- civil penalty. A person aggrieved by the use of information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or by a disclosure of that information in violation of 50-19-402(2) may bring a civil action in the district court of the county of the person's residence for damages, costs, and fees as provided in 50-16-553(6) through (8) or 50-16-817.   History: En. Sec. 5, Ch. 519, L. 1997; amd. Sec. 12, Ch. 396, L. 2003; amd. Sec. 4, Ch. 413, L. 2003.  
  50-19-406. Unauthorized disclosure -- misdemeanor. A person who knowingly uses information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or who discloses that information in violation of 50-19-402(2) is guilty of a misdemeanor and upon conviction is punishable as provided in 46-18-212.   History: En. Sec. 6, Ch. 519, L. 1997; amd. Sec. 13, Ch. 396, L. 2003; amd. Sec. 5, Ch. 413, L. 2003.  
  50-19-501. Nursing mother and infant protection. (1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother's child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.   (2) A unit of local government may not prohibit breastfeeding in public by local ordinance.   (3) The act of breastfeeding may not be considered:   (a) a nuisance as provided in Title 27, chapter 30;   (b) indecent exposure as provided for in 45-5-504;   (c) sexual conduct as defined in 45-5-625; or   (d) obscenity as provided for in 45-8-201.   History: En. Sec. 1, Ch. 299, L. 1999; amd. Sec. 2, Ch. 29, L. 2007.  
  50-2-101. Repealed. Sec. 13, Ch. 150, L. 2007.   History: (1), (2)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (3) thru (5)En. Sec. 78, Ch. 197, L. 1967; Sec. 69-4501, R.C.M. 1947; R.C.M. 1947, 69-4102(2), (3), 69-4501; amd. Sec. 87, Ch. 418, L. 1995; amd. Sec. 243, Ch. 546, L. 1995; amd. Sec. 1, Ch. 137, L. 1999; amd. Sec. 6, Ch. 391, L. 2003.  
  50-2-102. Repealed. Sec. 9, Ch. 200, L. 1979.   History: En. Sec. 79, Ch. 197, L. 1967; amd. Sec. 54, Ch. 349, L. 1974; R.C.M. 1947, 69-4502.  
  50-2-103. Federal funds. The department may accept funds for public health from an agency of the federal government or from any other agency or person and allocate funds to local boards.   History: En. Sec. 80, Ch. 197, L. 1967; amd. Sec. 55, Ch. 349, L. 1974; R.C.M. 1947, 69-4503.  
  50-2-104. County boards of health. (1) There is a county board of health in each county consisting of:   (a) the county commissioners and two members who are appointed by the county commissioners and serve at their pleasure; or   (b) a minimum of five persons who are appointed by the county commissioners and serve at their pleasure.   (2) Terms of appointed members must be staggered and be for 3 years each.   (3) The county commissioners shall establish the staggered order of terms and all rules necessary to establish and maintain the board.   History: En. Sec. 81, Ch. 197, L. 1967; amd. Sec. 1, Ch. 216, L. 1969; amd. Sec. 20, Ch. 187, L. 1977; R.C.M. 1947, 69-4504; amd. Sec. 1, Ch. 163, L. 1999.  
  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.   History: En. Sec. 82, Ch. 197, L. 1967; amd. Sec. 2, Ch. 216, L. 1969; R.C.M. 1947, 69-4505.  
  50-2-106. City-county boards of health. (1) By mutual agreement between the county commissioners and the governing body of the city or cities, the county and a city or cities may form a city-county board of health.   (2) A city-county board of health consists of:   (a) one person appointed by the county commissioners who serves at their pleasure;   (b) one person appointed by the governing body of each city that participates in the city-county board who serves at the pleasure of the appointing governing body;   (c) additional members appointed by the county commissioners and governing body or bodies of the city or cities participating in the city-county board as mutually agreed upon who serve at the pleasure of the appointing commissioners or governing body.   (3) The board must be composed of at least five persons. Terms of appointed members must be staggered and must be for 3 years each.   (4) By mutual agreement between the county commissioners and the governing body of the city or cities, they shall establish the staggered order of terms and all regulations necessary to establish and maintain the board.   History: En. Sec. 83, Ch. 197, L. 1967; amd. Sec. 3, Ch. 216, L. 1969; R.C.M. 1947, 69-4506; amd. Sec. 1, Ch. 47, L. 1999.  
  50-2-107. District boards of health. (1) By mutual agreement, two or more adjacent counties may unite to create a district board of health. First- and second-class cities located in those counties may elect to be included in the district.   (2) A district board of health consists of:   (a) one person appointed by the county commissioners of each county in the district who serves at the pleasure of the appointing commissioners;   (b) one person appointed by the governing body of each city that elects to be included in the district who serves at the pleasure of the appointing governing body;   (c) additional members appointed by the county commissioners of each county that participates in the district board as mutually agreed upon who serve at the pleasure of the appointing commissioners.   History: En. Sec. 84, Ch. 197, L. 1967; R.C.M. 1947, 69-4507.  
  50-2-108. Financing of local boards -- inspection fund. (1) Local boards are financed by general fund appropriations, special levy appropriations, state and federal funds available, and contributions from school boards and other official and nonofficial agencies.   (2) There is within the state special revenue fund a local board inspection fund account.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(1); (2)En. Sec. 4, Ch. 336, L. 1983; amd. Sec. 48, Ch. 281, L. 1983.  
  50-2-109. County board appropriations. County boards are financed by an appropriation from the general fund of the county after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(2)(a); amd. Sec. 26, Ch. 55, L. 2015.  
  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.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(2)(b).  
  50-2-111. City-county board appropriations. If a city-county board is created, it is financed by one of the following methods:   (1) (a) The county commissioners and governing body of each participating city may mutually agree upon the division of expenses.   (b) The county's part of the total expenses is financed by an appropriation from the general fund of the county after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40.   (c) Each participating city's part of the total expenses is financed by an appropriation from the general fund of the city after approval of a budget in the way provided for other city offices and departments under Title 7, chapter 6, part 40.   (d) All money must be deposited with the county treasurer who shall disburse the money as county funds.   (2) (a) The county commissioners and governing body of each participating city may mutually agree upon the division of the expenses.   (b) Subject to 15-10-420, the county's part of the total expenses is financed by a levy on the taxable value of all taxable property outside the incorporated limits of each participating city after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40. If the levy is not sufficient to fund the county's share, the county commissioners may supplement it with an appropriation from the county general fund.   (c) Subject to 15-10-420, each participating city's part of the total expenses is financed by a levy on the taxable value of all taxable property within the incorporated limits of the city after approval of a budget in the way provided for other city offices and departments under Title 7, chapter 6, part 40.   (d) All money must be deposited with the county treasurer who shall disburse the money as county funds.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(2)(c); amd. Sec. 1, Ch. 83, L. 1997; amd. Sec. 127, Ch. 584, L. 1999; amd. Sec. 150, Ch. 574, L. 2001; amd. Sec. 95, Ch. 114, L. 2003; amd. Sec. 17, Ch. 453, L. 2005.  
  50-2-112. District board appropriations. (1) District boards are financed by appropriations from the general funds of each county in the district in proportion to the population in each county.   (2) First- and second-class cities which elect to be included in the district contribute to the county in which they are located in the way provided for city-county boards under 50-2-111.   (3) All funds shall be deposited with the county treasurer of one of the counties as agreed upon by the commissioners of the counties in the district. The county treasurer shall disburse the funds as county funds.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(2)(d).  
  50-2-113. Contributions by school boards and other agencies authorized. School boards and other official and nonofficial agencies may contribute funds to a local board.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(3).  
  50-2-114. Repealed. Sec. 21, Ch. 453, L. 2005.   History: En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd. Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(4); amd. Sec. 128, Ch. 584, L. 1999; amd. Sec. 151, Ch. 574, L. 2001.  
  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.   History: En. 69-4508.1 by Sec. 1, Ch. 273, L. 1975; R.C.M. 1947, 69-4508.1.  
  50-2-116. Powers and duties of local boards of health. (1) Except as provided in subsection (5), in order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall:  (a) recommend to the governing body the appointment of a local health officer who is:   (i) a physician;   (ii) a person with a master's degree in public health; or   (iii) a person with equivalent education and experience, as determined by the department;   (b) elect a presiding officer and other necessary officers;   (c) adopt bylaws to govern meetings;   (d) hold regular meetings at least quarterly and hold special meetings as necessary;   (e) identify, assess, prevent, and ameliorate conditions of public health importance through:   (i) epidemiological tracking and investigation;   (ii) screening and testing;   (iii) isolation and quarantine measures;   (iv) diagnosis, treatment, and case management;   (v) abatement of public health nuisances;   (vi) inspections;   (vii) collecting and maintaining health information;   (viii) education and training of health professionals; or   (ix) other public health measures as allowed by law;   (f) protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health;   (g) supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions;   (h) bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations;   (i) identify to the department an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a full-time local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction.   (j) subject to the provisions of 50-2-130, propose for adoption by the local governing body necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the department of environmental quality and must provide for appeal of variance decisions to the department of environmental quality as required by 75-5-305. If the local board of health regulates or permits water well drilling, the regulations must prohibit the drilling of a well if the well isolation zone, as defined in 76-4-102, encroaches onto adjacent private property without the authorization of the private property owner.   (2) Local boards of health may:   (a) accept and spend funds received from a federal agency, the state, a school district, or other persons or entities;   (b) propose for adoption by the local governing body necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities;   (c) propose for adoption by the local governing body regulations that do not conflict with 50-50-126 or rules adopted by the department:   (i) for the control of communicable diseases;   (ii) for the removal of filth that might cause disease or adversely affect public health;   (iii) subject to the provisions of 50-2-130, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under 75-5-401;   (iv) subject to the provisions of 50-2-130 and Title 50, chapter 48, for tattooing and body-piercing establishments and that are not less stringent than state standards for tattooing and body-piercing establishments;   (v) for the establishment of institutional controls that have been selected or approved by the:   (A) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or   (B) department of environmental quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7; and   (vi) to implement the public health laws;   (d) adopt rules necessary to implement and enforce regulations adopted by the local governing body; and   (e) promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in this title.   (3) A local board of health may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.   (4) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in [10-3-302 and] 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403:   (a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and   (b) may not interfere with or otherwise limit, modify, or abridge a person's physical attendance at or operation of a religious facility, church, synagogue, or other place of worship.   (5) A regulation allowed in subsection (2)(c)(i), (2)(c)(ii), or (2)(c)(vi) adopted or a directive, mandate, or order implemented to carry out the provisions of this part that applies to the entire jurisdictional area of a town, city, or county under the jurisdiction of the local health board may not:   (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services;   (b) deny a customer of a private business the ability to access goods or services provided by the private business; or   (c) include any of the following actions for noncompliance of actions described in subsections (5)(a) and (5)(b):   (i) require the assessment of a fee or fine;   (ii) require the revocation of a license required for the operation of a private business;   (iii) find a private business owner guilty of a misdemeanor; or   (iv) bring any other retributive action against a private business owner, including but not limited to an action allowed under 50-2-123, a penalty allowed under 50-2-124, or any other criminal charge.   (6) The prohibition provided for in subsection (5)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public isolation order.   (7) The prohibitions provided for in subsection (5) do not restrict a local board of health from exercising its authority under this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.   (8) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.   History: En. Sec. 86, Ch. 197, L. 1967; amd. Sec. 4, Ch. 216, L. 1969; amd. Sec. 1, Ch. 196, L. 1971; amd. Secs. 108, 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 273, L. 1975; R.C.M. 1947, 69-4509; amd. Sec. 1, Ch. 709, L. 1985; amd. Sec. 2, Ch. 479, L. 1991; amd. Sec. 2, Ch. 324, L. 1995; amd. Sec. 88, Ch. 418, L. 1995; amd. Sec. 6, Ch. 471, L. 1995; amd. Sec. 2, Ch. 137, L. 1999; amd. Sec. 7, Ch. 391, L. 2003; amd. Sec. 18, Ch. 386, L. 2005; amd. Sec. 5, Ch. 150, L. 2007; amd. Sec. 1, Ch. 195, L. 2013; amd. Sec. 3, Ch. 28, L. 2017; amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021. 
  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.   History: En. Sec. 88, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; R.C.M. 1947, 69-4511; amd. Sec. 1, Ch. 101, L. 1983.  
  50-2-118. Powers and duties of local health officers. (1) Except as provided in subsection (3),in order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:  (a) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;   (b) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;   (c) report communicable diseases to the department as required by rule;   (d) establish and maintain quarantine and isolation measures as adopted by the local board of health; and   (e) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.   (2) A directive, mandate, or order issued by a local health officer in response to a declaration of emergency or disaster by the governor as allowed in [10-3-302 and] 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403:   (a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and   (b) may not interfere with or otherwise limit, modify, or abridge a person's physical attendance at or operation of a religious facility, church, synagogue, or other place of worship.   (3) A local health officer may not enforce a regulation, directive, mandate, or order or issue an order that is in violation of 50-2-116(5).   (4) The prohibitions provided for in 50-2-116(5) do not restrict a local health officer from exercising the local health officer's authority under 50-2-123 or this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.   History: En. Sec. 87, Ch. 197, L. 1967; amd. Sec. 2, Ch. 196, L. 1971; amd. Sec. 56, Ch. 349, L. 1974; R.C.M. 1947, 69-4510; amd. Sec. 1, Ch. 200, L. 1979; amd. Sec. 18, Ch. 708, L. 1991; amd. Sec. 8, Ch. 391, L. 2003; amd. Sec. 27, Ch. 474, L. 2003; amd. Sec. 6, Ch. 150, L. 2007; amd. Sec. 9, Ch. 408, L. 2021. 
  50-2-119. Nursing services. (1) A local board may employ a qualified nurse for nursing services to persons under a physician's care who are confined to their homes.   (2) Before nursing services are provided, a physician must:   (a) determine that the person needs the services of a visiting nurse;   (b) direct the nurse to visit the person;   (c) specify the type and duration of services to be performed by the nurse.   (3) Persons shall pay for the services at rates set by the local board. Local boards, on behalf of persons receiving services, may accept payment from persons or public agencies either directly from or by contract with the person or agency. All payments received shall be deposited in a special county or city fund and used to defray expenses of providing the service.   History: En. Sec. 89, Ch. 197, L. 1967; R.C.M. 1947, 69-4512.  
  50-2-120. Assistance from law enforcement officials. A local health officer may request a sheriff, constable, or other peace officer to assist the health officer in carrying out the provisions of this chapter.  History: En. Sec. 90, Ch. 197, L. 1967; R.C.M. 1947, 69-4513; amd. Sec. 1, Ch. 37, L. 1979; amd. Sec. 1810, Ch. 56, L. 2009; amd. Sec. 1, Ch. 41, L. 2021; amd. Sec. 1, Ch. 97, L. 2021. 
  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.   History: En. Sec. 93, Ch. 197, L. 1967; R.C.M. 1947, 69-4516; amd. Sec. 1811, Ch. 56, L. 2009.  
  50-2-122. Obstructing local health officer in the performance of duties unlawful. It is unlawful to:   (1) hinder a local health officer in the performance of duties under this chapter;   (2) remove or deface any placard or notice posted by the local health officer; or   (3) violate a quarantine regulation.   History: En. Sec. 94, Ch. 197, L. 1967; R.C.M. 1947, 69-4517; amd. Sec. 1812, Ch. 56, L. 2009.  
  50-2-123. Compliance order authorized. (1) If a person refuses or neglects to comply with a written order of a state or local health officer within a reasonable time specified in the order, the state or local health officer may cause the order to be complied with and initiate an action to recover any expenses incurred from the person who refused or neglected to comply with the order. The action to recover expenses shall be brought in the name of the city or county.  (2) An order of compliance or action allowed pursuant to subsection (1) may not be initiated for an order that violates 50-2-116(5) or 50-2-118(3).   History: En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; R.C.M. 1947, 69-4519(1); amd. Sec. 10, Ch. 408, L. 2021. 
  50-2-124. Penalties for violations. (1) (a) A person who does not comply with rules adopted by a local board that are not in conflict with 50-2-116(5) or 50-2-118(3) is subject to a civil penalty of not less than $10 or more than $200.  (b) A business entity that does not comply with rules adopted by a local board is subject to a civil penalty of not more than $250.   (2) Except as provided in 50-2-123 and subsection (1) of this section, a person who violates the provisions of this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500 or be imprisoned for not more than 90 days, or both.   (3) Each day of violation constitutes a separate offense.   (4) The local board or the county attorney of the county in which a violation described in subsection (1) occurred may petition a court of limited jurisdiction to impose the civil penalties allowed in subsection (1). Venue for an action to collect a civil penalty pursuant to subsection (1) is in the county in which the violation occurred or in a court of limited jurisdiction.   (5) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the violation occurs.   (6) (a) As used in this section, "business entity" means a corporation, association, partnership, limited liability partnership, limited liability company, sole proprietorship, or other legal entity recognized under state law.   (b) The term does not include an individual.   History: En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; R.C.M. 1947, 69-4519(2) thru (4); amd. Sec. 2, Ch. 709, L. 1985; amd. Sec. 34, Ch. 557, L. 1987; amd. Sec. 1813, Ch. 56, L. 2009; amd. Sec. 11, Ch. 408, L. 2021. 
  50-2-125 through 50-2-129 reserved.  
  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.   History: En. Sec. 4, Ch. 471, L. 1995; amd. Sec. 9, Ch. 391, L. 2003; amd. Sec. 19, Ch. 386, L. 2005; amd. Sec. 7, Ch. 150, L. 2007; amd. Sec. 5, Ch. 204, L. 2021. 
  50-20-101. Short title. This part may be cited as the "Montana Abortion Control Act".   History: En. 94-5-613 by Sec. 1, Ch. 284, L. 1974; R.C.M. 1947, 94-5-613; amd. Sec. 61, Ch. 130, L. 2005.  
  50-20-102. Statement of purpose -- findings. (1) The legislature reaffirms the tradition of the state of Montana to protect every human life, whether unborn or aged, healthy or sick. In keeping with this tradition and in the spirit of our constitution, we reaffirm the intent to extend the protection of the laws of Montana in favor of all human life. It is the policy of the state to preserve and protect the lives of all human beings and to provide protection for the viable human life. The protection afforded to a person by Montana's constitutional right of privacy is not absolute, but may be infringed upon by a compelling state interest. The legislature finds that a compelling state interest exists in the protection of viable life.   (2) The legislature finds, with respect to 50-20-401, that:   (a) the United States supreme court has determined that states have a legitimate interest in protecting both a woman's health and the potentiality of human life and that each interest grows and reaches a compelling point at various stages of a woman's approach to the full term of a pregnancy;   (b) the court has also determined that subsequent to viability, the state in promoting its interest in the potentiality of human life may, if it chooses, regulate and even proscribe abortion except when necessary, in appropriate medical judgment, for the preservation of the life or health of the woman;   (c) the holdings referred to in subsections (2)(a) and (2)(b) apply to unborn persons in order to extend to unborn persons the inalienable right to defend their lives and liberties;   (d) absent clear proof that an abortion is necessary to save the life of the woman, the abortion of a viable person is an infringement of that person's rights; and   (e) the state has a duty to protect innocent life and that duty has grown to a compelling point with respect to partial-birth abortion.   History: En. 94-5-614 by Sec. 2, Ch. 284, L. 1974; R.C.M. 1947, 94-5-614; amd. Sec. 1, Ch. 479, L. 1999.  
  50-20-103. Legislative intent. It is the intent of the legislature to restrict abortion to the extent permissible under decisions of appropriate courts or paramount legislation.   History: En. 94-5-623 by Sec. 11, Ch. 284, L. 1974; R.C.M. 1947, 94-5-623.  
  50-20-104. Definitions. As used in this chapter, the following definitions apply:   (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.   (2) "Attempted abortion" or "attempted" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter.   (3) "Department" means the department of public health and human services provided for in 2-15-2201.   (4) "Facility" means a hospital, health care facility, physician's office, or other place in which an abortion is performed.   (5) "Informed consent" means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:   (a) the physician who is to perform the abortion of the following information:   (i) the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;   (ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and   (iii) the medical risks of carrying the child to term;   (b) the physician or an agent of the physician:   (i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;   (ii) that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and   (iii) that the woman has the right to review the printed materials described in 50-20-304; and   (c) the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion.   (6) "Viability" means the ability of a fetus to live outside the mother's womb, albeit with artificial aid.   History: En. 94-5-615 by Sec. 3, Ch. 284, L. 1974; amd. Sec. 38, Ch. 187, L. 1977; R.C.M. 1947, 94-5-615(part); amd. Sec. 122, Ch. 418, L. 1995; amd. Sec. 299, Ch. 546, L. 1995; amd. Sec. 9, Ch. 566, L. 1995.  
  50-20-105. Duties of department. (1) The department shall make regulations to provide for the humane disposition of dead infants or fetuses.  (2) The department shall make regulations for a comprehensive system of reporting of maternal deaths and complications within the state resulting directly or indirectly from abortion, subject to the provisions of 50-20-110(5).   (3) The department shall report to the attorney general any apparent violation of this chapter.   (4) The department shall develop a certification form for use in accordance with 50-20-113.   History: (1)En. 94-5-617 by Sec. 5, Ch. 284, L. 1974; amd. Sec. 13, Ch. 338, L. 1977; Sec. 94-5-617, R.C.M. 1947; (2)En. 94-5-621 by Sec. 9, Ch. 284, L. 1974; Sec. 94-5-621, R.C.M. 1947; (3)En. 94-5-619 by Sec. 7, Ch. 284, L. 1974; Sec. 94-5-619, R.C.M. 1947; R.C.M. 1947, 94-5-617(4), 94-5-619(6), 94-5-621; amd. Sec. 2, Ch. 308, L. 2021. 
  50-20-106. Informed consent. (1) An abortion may not be performed without the informed consent of the woman upon whom the abortion is to be performed. The informed consent must be received at least 24 hours prior to the abortion and certified prior to or at the time of the abortion.   (2) Informed consent must be certified by a written statement in a form prescribed by the department and signed by the physician and the woman upon whom the abortion is to be performed in which the physician certifies that the physician has made the full disclosure provided in 50-20-104(5) and in which the woman upon whom the abortion is to be performed acknowledges that the disclosures have been made to the woman and that the woman voluntarily consents to the abortion.   (3) If a woman chooses to review the written materials described in 50-20-304, the materials must be provided to the woman at least 24 hours before the abortion or be mailed to the woman by certified mail, with delivery restricted to the addressee, at least 72 hours before the abortion.   (4) The information required in 50-20-104(5)(a) may be provided by telephone without conducting a physical examination or tests of the patient. The information may be based on facts supplied to the physician by the woman and other relevant information that is reasonably available to the physician. The information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the woman and the woman is able to ask questions of the physician. If a physical examination, tests, or the availability of other information subsequently indicates, in the medical judgment of the physician, a revision of information previously provided to the patient, the revised information may be communicated to the patient at any time prior to the performance of the abortion.   (5) The information required in 50-20-104(5)(b) may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to review the printed materials.   (6) The informed consent or consent provided for in this section is not required if a licensed physician certifies that the abortion is necessary because of a medical emergency as defined in 50-20-303.   (7) An executive officer, administrative agency, or public employee of the state or of any local governmental body may not issue any order requiring an abortion or coerce any woman to have an abortion. A person may not coerce any woman to have an abortion.   (8) A violation of subsections (1) through (7) is a misdemeanor.   History: (1), (3) thru (5)En. 94-5-616 by Sec. 4, Ch. 284, L. 1974; Sec. 94-5-616, R.C.M. 1947; (2)En. 94-5-615 by Sec. 3, Ch. 284, L. 1974; amd. Sec. 38, Ch. 187, L. 1977; Sec. 94-5-615, R.C.M. 1947; R.C.M. 1947, 94-5-615(part), 94-5-616(part); amd. Sec. 10, Ch. 566, L. 1995; amd. Sec. 1830, Ch. 56, L. 2009.  
  50-20-107. Repealed. Sec. 13, Ch. 469, L. 1995.   History: En. 94-5-616 by Sec. 4, Ch. 284, L. 1974; R.C.M. 1947, 94-5-616(part).  
  50-20-108. Protection of premature infants born alive. (1) A person commits an offense, as defined in 45-5-102 through 45-5-104, if the person purposely, knowingly, or negligently causes the death of a premature infant born alive, if the infant is viable.   (2) Whenever a premature infant that is the subject of abortion is born alive and is viable, it becomes a dependent and neglected child subject to the provisions of state law, unless:   (a) the termination of the pregnancy is necessary to preserve the life of the mother; or   (b) the mother and the mother's spouse or either of them have agreed in writing in advance of the abortion or within 72 hours thereafter to accept the parental rights and responsibilities of the premature infant if it survives the abortion procedure.   (3) A person may not use any premature infant born alive for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the premature infant born alive.   (4) A violation of subsection (3) is a felony.   History: En. 94-5-617 by Sec. 5, Ch. 284, L. 1974; amd. Sec. 13, Ch. 338, L. 1977; R.C.M. 1947, 94-5-617(1) thru (3), (5); amd. Sec. 9, Ch. 610, L. 1987; amd. Sec. 1831, Ch. 56, L. 2009.  
  50-20-109. Control of practice of abortion. (1) Except as provided in 50-20-401, an abortion may not be performed within the state of Montana:  (a) except by a licensed physician or physician assistant;   (b) on an unborn child capable of feeling pain, except as provided in 50-20-603.   (2) The supervision agreement of a physician assistant may provide for performing abortions.   (3) Violation of subsection (1) is a felony.   History: En. 94-5-618 by Sec. 6, Ch. 284, L. 1974; amd. Sec. 20, Ch. 359, L. 1977; R.C.M. 1947, 94-5-618; amd. Sec. 7, Ch. 485, L. 1981; amd. Sec. 2, Ch. 321, L. 1995; amd. Sec. 11, Ch. 354, L. 1995; amd. Sec. 2, Ch. 314, L. 1997; amd. Sec. 2, Ch. 479, L. 1999; amd. Sec. 27, Ch. 519, L. 2005; amd. Sec. 7, Ch. 307, L. 2021. 
  50-20-110. Reporting of practice of abortion. (1) Every facility in which an abortion is performed within the state shall keep on file upon a form prescribed by the department a statement dated and certified by the physician who performed the abortion setting forth such information with respect to the abortion as the department by regulation shall require, including but not limited to information on prior pregnancies, the medical procedure employed to administer the abortion, the gestational age of the fetus, the vital signs of the fetus after abortion, if any, and if after viability, the medical procedures employed to protect and preserve the life and health of the fetus.   (2) The physician performing an abortion shall cause such pathology studies to be made in connection therewith as the department shall require by regulation, and the facility shall keep the reports thereof on file.   (3) In connection with an abortion, the facility shall keep on file the original of each of the documents required by this chapter relating to informed consent, consent to abortion, certification of necessity of abortion to preserve the life or health of the mother, and certification of necessity of abortion to preserve the life of the mother.   (4) Such facility shall, within 30 days after the abortion, file with the department a report upon a form prescribed by the department and certified by the custodian of the records or physician in charge of such facility setting forth all of the information required in subsections (1), (2), and (3) of this section, except such information as would identify any individual involved with the abortion. The report shall exclude copies of any documents required to be filed by subsection (3) of this section, but shall certify that such documents were duly executed and are on file.   (5) All reports and documents required by this chapter shall be treated with the confidentiality afforded to medical records, subject to such disclosure as is permitted by law. Statistical data not identifying any individual involved in an abortion shall be made public by the department annually, and the report required by subsection (4) of this section to be filed with the department shall be available for public inspection except insofar as it identifies any individual involved in an abortion. Names and identities of persons submitting to abortion shall remain confidential among medical and medical support personnel directly involved in the abortion and among persons working in the facility where the abortion was performed whose duties include billing the patient or submitting claims to an insurance company, keeping facility records, or processing abortion data required by state law.   (6) Violation of this section is a misdemeanor and is punishable as provided in 46-18-212.   History: En. 94-5-619 by Sec. 7, Ch. 284, L. 1974; R.C.M. 1947, 94-5-619(1) thru (5); amd. Sec. 10, Ch. 228, L. 1981.  
  50-20-111. Right to refuse participation in abortion. (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) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in abortion because of religious beliefs or moral convictions. If requested by any hospital or health care facility or person desiring an abortion, such 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.   (3) 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.   (4) 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.   (5) As used in this section, the term "person" includes one or more individuals, partnerships, associations, and corporations.   History: En. 94-5-620 by Sec. 8, Ch. 284, L. 1974; R.C.M. 1947, 94-5-620.  
  50-20-112. Penalties. (1) A person convicted of deliberate, mitigated, or negligent homicide under this chapter is subject to the penalties prescribed by 45-5-102 through 45-5-104.   (2) A person convicted of a felony other than deliberate, mitigated, or negligent homicide under this chapter is subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.   (3) A person convicted of a misdemeanor under this chapter is subject to a fine not to exceed $500, imprisonment in the county jail for a term not to exceed 6 months, or both.   (4) (a) A penalty may not be imposed against the woman upon whom the abortion is performed or attempted to be performed.   (b) A penalty may not be imposed for failure to comply with the provision of 50-20-106 that requires a written certification that the woman has been informed of the opportunity to review the information referred to in 50-20-304 if the department has not made the written materials available at the time that the physician or the physician's agent is required to inform the woman of the right to review the materials.   History: En. 94-5-622 by Sec. 10, Ch. 284, L. 1974; amd. Sec. 14, Ch. 338, L. 1977; R.C.M. 1947, 94-5-622; amd. Sec. 10, Ch. 610, L. 1987; amd. Sec. 11, Ch. 566, L. 1995.  
  50-20-113. Provision of information -- exceptions -- penalty. (1) (a) Except as provided in subsection (2), a person performing an abortion on a pregnant woman or that person's agent shall inform the woman of the opportunity to:  (i) view an active ultrasound of the unborn child;   (ii) view an ultrasound image of the unborn child; and   (iii) listen to the fetal heart tone of the unborn child, if audible.   (b) The quality of the active ultrasound, ultrasound image, and auscultation of the fetal heart tone must be consistent with standard medical practices in the community in which the abortion is being performed.   (2) Subsection (1) does not apply to a procedure performed with the intent to:   (a) save the life of the woman;   (b) ameliorate a serious risk of causing the woman substantial and irreversible impairment of a bodily function; or   (c) remove an ectopic pregnancy.   (3) The person performing the abortion or that person's agent shall obtain the woman's signature on a certification form developed by the department that:   (a) contains an acknowledgment that the woman was informed of the opportunities provided for in subsection (1); and   (b) indicates whether the woman viewed the active ultrasound or ultrasound image or listened to the fetal heart tone.   (4) (a) Before an abortion is performed or attempted, the person who is performing or attempting the abortion must receive a copy of the signed certification form provided for in subsection (3).   (b) A copy of the certification form must be retained in the woman's medical record.   (5) A person who performs or attempts to perform an abortion in violation of this section is subject to a civil penalty of $1,000.   History: En. Sec. 1, Ch. 308, L. 2021. 
  50-20-201. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 1, Ch. 469, L. 1995.  
  50-20-202. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 2, Ch. 469, L. 1995.  
  50-20-203. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 3, Ch. 469, L. 1995.  
  50-20-204. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 4, Ch. 469, L. 1995.  
  50-20-205. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 5, Ch. 469, L. 1995.  
  50-20-206 and 50-20-207 reserved.  
  50-20-208. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 6, Ch. 469, L. 1995.  
  50-20-209. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 7, Ch. 469, L. 1995.  
  50-20-210 reserved.  
  50-20-211. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 8, Ch. 469, L. 1995.  
  50-20-212. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 9, Ch. 469, L. 1995; amd. Sec. 54, Ch. 449, L. 2005.  
  50-20-213 and 50-20-214 reserved.  
  50-20-215. Repealed. Sec. 12, Ch. 307, L. 2011.   History: En. Sec. 10, Ch. 469, L. 1995.  
  50-20-216 through 50-20-220 reserved.  
  50-20-221. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 1, Ch. 307, L. 2011.  
  50-20-222. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 2, Ch. 307, L. 2011.  
  50-20-223. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 3, Ch. 307, L. 2011.  
  50-20-224. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 4, Ch. 307, L. 2011.  
  50-20-225. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 5, Ch. 307, L. 2011.  
  50-20-226 and 50-20-227 reserved.  
  50-20-228. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 6, Ch. 307, L. 2011.  
  50-20-229. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 7, Ch. 307, L. 2011.  
  50-20-230 and 50-20-231 reserved.  
  50-20-232. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 8, Ch. 307, L. 2011.  
  50-20-233 and 50-20-234 reserved.  
  50-20-235. Repealed. Sec. 14, Ch. 307, L. 2013.   History: En. Sec. 9, Ch. 307, L. 2011.  
  50-20-301. Short title. This part may be cited as the "Woman's Right-to-Know Act".   History: En. Sec. 1, Ch. 566, L. 1995.  
  50-20-302. Legislative purpose and findings. (1) The legislature finds that:   (a) it is essential to the psychological and physical well-being of a woman who is considering an abortion that the woman receive complete and accurate information on alternatives;   (b) the knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between the alternatives of giving birth and having an abortion;   (c) in most instances, the only contact with a physician that a woman who has an abortion has occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning the decision;   (d) the decision to abort is an important and often stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences;   (e) the medical, emotional, and psychological consequences of an abortion are serious and can be lasting;   (f) some abortion facilities or providers offer only limited or impersonal counseling opportunities; and   (g) some abortion facilities or providers hire untrained and unprofessional counselors whose primary goal is to sell abortion services.   (2) Based on the findings in subsection (1), it is the purpose of this part to:   (a) ensure that every woman who is considering an abortion receive complete information on alternatives and that every woman submitting to an abortion do so only after giving informed consent to the abortion procedure;   (b) protect unborn children from a woman's uninformed decision to have an abortion; and   (c) reduce the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that the decision was not fully informed.   History: En. Sec. 2, Ch. 566, L. 1995.  
  50-20-303. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.   (2) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.   (3) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's body.   (4) "Unborn child" means the offspring of human beings from conception until birth.   History: En. Sec. 3, Ch. 566, L. 1995.  
  50-20-304. Publication of materials. (1) The department shall publish and annually update easily comprehensible printed, unbiased materials that are geographically indexed and designed to inform women of public and private agencies and services available to assist a woman through pregnancy, during childbirth, and while a woman's child is dependent. The materials must:   (a) include adoption agencies;   (b) include a comprehensive list of the agencies, a description of the services offered, and the telephone numbers and addresses of the agencies;   (c) inform a woman about medical assistance benefits for prenatal care, childbirth, neonatal care, and child support obligations of a father of a child.   (2) The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service. The materials must include a toll-free, 24-hour telephone number that may be called to orally obtain a list and description of agencies in the locality of the caller and of the services offered by the agencies.   (3) The materials must state that:   (a) it is unlawful for any individual to coerce a woman to undergo or not to undergo an abortion;   (b) a physician who performs an abortion on a woman without the woman's informed consent may be liable to the woman for damages in a civil action; and   (c) the law allows adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care.   (4) The materials must inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at 2-week gestational increments from fertilization to full term, including pictures or drawings representing the development of unborn children at 2-week gestational increments. The pictures or drawings must contain the dimensions of the unborn child and must be realistic. The materials must include any relevant information on the possibility of the unborn child's survival at each stage depicted. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The materials must contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion, the possible detrimental psychological effects of adoption, and the medical risks associated with carrying a child to term.   (5) The materials must be printed in a clearly legible typeface.   (6) The materials required to be produced under this section must be provided at no cost upon request and must be provided in appropriate quantities to any person, facility, or hospital.   History: En. Sec. 4, Ch. 566, L. 1995.  
  50-20-305. Emergency. When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.   History: En. Sec. 5, Ch. 566, L. 1995.  
  50-20-306. Physician reporting requirements -- penalty -- action -- department report. (1) Within 90 days after July 1, 1995, the department shall prepare a reporting form to be used by physicians that contains a reprint of this chapter and on which the physician shall list:   (a) the number of women to whom the physician provided the information described in 50-20-104(5)(a), including:   (i) the number of women provided the information by telephone and the number to whom it was provided in person; and   (ii) the number of women in each group referred to in subsection (1)(a)(i) to whom the physician provided the information in the capacity of a referring physician and the number to whom it was provided in the capacity of a physician who is to perform the abortion;   (b) the number of women to whom the physician or an agent of the physician provided the information described in 50-20-104(5)(b), including:   (i) the number of women to whom the physician provided the information by telephone and the number to whom it was provided in person;   (ii) the number of women in each group referred to in subsection (1)(b)(i) to whom the physician provided the information in the capacity of a referring physician and the number to whom it was provided in the capacity of a physician who is to perform the abortion; and   (iii) the number of women in each group referred to in subsection (1)(b)(ii) to whom information was provided by the physician and the number to whom it was provided by an agent of the physician;   (c) the number of women who availed themselves of the opportunity to obtain a copy of the printed information described in 50-20-304 and the number who did not;   (d) of each of the numbers described in subsections (1)(a) through (1)(c), the number who, to the best of the reporting physician's information and belief, obtained an abortion; and   (e) the number of abortions that were performed by the physician but in which information otherwise required to be provided at least 24 hours before the abortion was not provided because:   (i) an immediate abortion was necessary to avert the woman's death; or   (ii) a delay would create serious risk of substantial and irreversible impairment of a major bodily function.   (2) The department shall ensure that copies of the reporting forms described in subsection (1) are provided:   (a) by 120 days after July 1, 1995, to all physicians licensed in this state;   (b) to each physician licensed to practice after July 1, 1995, at the time of licensure;   (c) by December 1 of each succeeding year, to all physicians licensed to practice in this state.   (3) By February 28 of each year, each physician or the physician's agent who provided information to one or more women in accordance with 50-20-106 shall submit a copy of the reporting form described in subsection (1) to the department with the requested data entered accurately and completely.   (4) Reports that are not submitted by March 31 are subject to a penalty of $500 for each 30-day period that the reports are overdue. A physician who is required to report but who, more than 1 year after the due date, has not submitted a report or who has submitted an incomplete report may, in an action brought by the department, be directed by a district court to submit a complete report within a period stated in the court order or be subject to sanctions for civil contempt.   (5) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year submitted in accordance with this section for each of the items listed in subsection (1). Each report must provide the statistics for all previous calendar years, adjusted to reflect information from late or corrected reports. The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of an individual who was provided information in accordance with 50-20-106. The department shall design the reporting process to ensure that confidentiality regarding the physician or the physician's agent is maintained in the department records.   (6) The department may, by rule, alter the dates established by subsection (2)(c), (3), or (5) or consolidate the forms or reports described in this section with other forms or reports to achieve administrative convenience, achieve fiscal savings, or reduce the burden of reporting requirements. However, reporting forms must be sent to all licensed physicians at least once a year, and the report described in subsection (5) must be issued at least once a year.   History: En. Sec. 6, Ch. 566, L. 1995.  
  50-20-307. Civil remedies. (1) A person who performs an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was performed or, if the woman is under 18 years of age or is physically or mentally incapacitated for purposes of being able to decide whether to bring and pursue an action, then, on the woman's behalf, by either:   (a) the father of the unborn child who was the subject of the abortion; or   (b) the grandparent of an unborn child who was the subject of the abortion.   (2) A person who attempts to perform an abortion in knowing or reckless violation of this chapter may be liable for actual and punitive damages in an action brought by the woman upon whom an abortion was attempted.   (3) If the department fails to issue the public report required in 50-20-306, a group of 10 or more citizens may seek an injunction, in a court of competent jurisdiction, against the director of the department to require that a complete report be issued within a period established by court order. Failure to comply with an injunction subjects the director to sanctions for civil contempt.   (4) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall award reasonable attorney fees in favor of the plaintiff against the defendant.   (5) An abortion or attempted abortion performed in violation of this chapter is the basis for a professional disciplinary action under 37-1-316.   History: En. Sec. 7, Ch. 566, L. 1995.  
  50-20-308. Protection of privacy in court proceedings. In a civil or criminal proceeding under this chapter, the court shall determine whether the anonymity of a woman upon whom an abortion has been performed or attempted must be preserved from public disclosure, unless the woman waives anonymity. The court shall make a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and the exclusion of individuals from the proceedings to the extent necessary to safeguard the woman's identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is necessary, how the order is tailored to protect the woman's privacy, and why no less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, a person other than a public official who brings an action under 50-20-307(1) shall do so under a pseudonym.   History: En. Sec. 8, Ch. 566, L. 1995.  
  50-20-401. Offense of partial-birth abortion -- exception -- definitions -- penalties. (1) Except as provided in this section, a person commits an offense if the person purposely, knowingly, or negligently causes a partial-birth abortion.   (2) Subsection (1) does not apply to:   (a) a partial-birth abortion caused to save the life of a woman because the woman's life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would save the life of the woman; or   (b) the woman upon whom a partial-birth abortion is performed.   (3) As used in this section, the following definitions apply:   (a) "Knowingly" has the meaning provided in 45-2-101.   (b) "Negligently" has the meaning provided in 45-2-101.   (c) (i) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.   (ii) A procedure that constitutes a partial-birth abortion is one in which the following steps occur:   (A) the living fetus is removed intact from the uterus until only the head remains in the uterus;   (B) all or a part of the intracranial contents of the fetus are evacuated;   (C) the head of the fetus is compressed; and   (D) following fetal demise, the fetus is removed from the birth canal.   (d) "Purposely" has the meaning provided in 45-2-101.   (4) A person committing the offense provided for in subsection (1) is guilty of a felony and shall be punished by:   (a) a fine of not more than $50,000;   (b) imprisonment in a correctional facility for a term of not less than 5 years and not more than 10 years; or   (c) both fine and imprisonment as provided in subsections (4)(a) and (4)(b); and   (d) permanent revocation of the license of the physician performing the partial-birth abortion. The provisions of 37-1-203 and 37-1-205 do not apply to a physician whose license is revoked pursuant to this section.   History: En. Sec. 1, Ch. 314, L. 1997; amd. Sec. 3, Ch. 479, L. 1999.  
  50-20-501. Short title. This part may be cited as the "Parental Consent for Abortion Act of 2013".   History: En. Sec. 1, Ch. 307, L. 2013.  
  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.   History: En. Sec. 2, Ch. 307, L. 2013.  
  50-20-503. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Coerce" means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter.   (2) "Consent" means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion.   (3) "Emancipated minor" means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503.   (4) "Medical emergency" means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function.   (5) "Minor" means a pregnant female under 18 years of age who is not an emancipated minor.   (6) "Physical abuse" means any physical injury intentionally inflicted by a parent or legal guardian on a minor.   (7) "Physician" means a person licensed to practice medicine under Title 37, chapter 3.   (8) "Physician assistant" means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician.   (9) "Sexual abuse" has the meaning provided in 41-3-102.   History: En. Sec. 3, Ch. 307, L. 2013.  
  50-20-504. Consent of parent or legal guardian required. (1) Except as provided in 50-20-507, a physician or physician assistant may not perform an abortion on a minor unless the physician or physician assistant or the agent of the physician or physician assistant first obtains the notarized written consent of a parent or legal guardian of the minor.   (2) The consent of a parent or legal guardian of the minor is invalid unless it is obtained in the manner and on the form prescribed by 50-20-505.   History: En. Sec. 4, Ch. 307, L. 2013.  
  50-20-505. Consent form -- disclosure -- requirements for validity. (1) The department of public health and human services shall create a consent form to be used by physicians, physician assistants, or their agents in obtaining the consent of a parent or legal guardian as required under 50-20-504 or in obtaining the waiver of the consent of a parent or legal guardian as provided for in 50-20-507.   (2) The form must disclose but is not limited to the following:   (a) any information that a physician or physician assistant is required by law to provide to the minor and the rights of the minor;   (b) the rights of the parent or legal guardian;   (c) the surgical or medical procedures that may be performed on the minor;   (d) the risks and hazards related to the procedures planned for the minor, including but not limited to the risks and hazards associated with:   (i) any surgical, medical, or diagnostic procedure, including the potential for infection, blood clots in veins and lungs, hemorrhage, and allergic reactions;   (ii) a surgical abortion, including hemorrhage, uterine perforation or other damage to the uterus, sterility, injury to the bowel or bladder, a potential hysterectomy caused by a complication or injury during the procedure, and the possibility of additional procedures being required because of failure to remove all products of conception;   (iii) a medical or nonsurgical abortion, including hemorrhage, sterility, the continuation of the pregnancy, and the possibility of additional procedures being required because of failure to remove all products of conception; and   (iv) the particular procedure that is planned for the minor, including cramping of the uterus, pelvic pain, infection of the female reproductive organs, cervical laceration, incompetent cervix, and the requirement of emergency treatment for any complications.   (3) The form must include:   (a) a minor consent statement that the minor is required to sign. The minor consent statement must include but is not limited to the following points, each of which must be initialed by the minor:   (i) the minor understands that the physician or physician assistant is going to perform an abortion on the minor and that the abortion will end the minor's pregnancy;   (ii) the minor is not being coerced into having an abortion, the minor has the choice not to have the abortion, and the minor may withdraw consent at any time prior to the abortion;   (iii) the minor consents to the procedure;   (iv) the minor understands the risks and hazards associated with the surgical or medical procedures planned for the minor;   (v) the minor has been provided the opportunity to ask questions about the pregnancy, alternative forms of treatment, the risk of nontreatment, the procedures to be used, and the risks and hazards involved; and   (vi) the minor has sufficient information to give informed consent.   (b) a parental consent statement that a parent or legal guardian is required to sign. The parental consent statement must include but is not limited to the following points, each of which must be initialed by a parent or legal guardian:   (i) the parent or legal guardian understands that the physician or physician assistant who signed the physician declaration statement provided for in subsection (3)(c) is going to perform an abortion on the minor that will end the minor's pregnancy;   (ii) the parent or legal guardian had the opportunity to read the consent form or had the opportunity to have the consent form read to the parent or legal guardian;   (iii) the parent or legal guardian had the opportunity to ask questions of the physician or physician assistant or the agent of the physician or physician assistant regarding the information contained in the consent form and the surgical and medical procedures to be performed on the minor;   (iv) the parent or legal guardian has been provided sufficient information to give informed consent.   (c) a physician declaration that the physician or physician assistant is required to sign, declaring that:   (i) the physician or physician assistant or the agent of the physician or physician assistant explained the procedure and contents of the consent form to the minor and a parent or legal guardian of the minor and answered any questions; and   (ii) to the best of the physician's or physician assistant's knowledge, the minor and a parent or legal guardian of the minor have been adequately informed and have consented to the abortion; and   (d) a signature page for a parent or legal guardian of the minor that must be notarized and that includes an acknowledgment by the parent or legal guardian affirming that the parent or legal guardian is the minor's parent or legal guardian.   History: En. Sec. 5, Ch. 307, L. 2013.  
  50-20-506. Proof of identification and relationship to minor -- retention of records. (1) A parent or legal guardian of a minor who is consenting to the performance of an abortion on the minor shall provide the attending physician or physician assistant or the agent of the physician or physician assistant with government-issued proof of identity and written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the minor.   (2) A physician or physician assistant shall retain the completed consent form and the documents provided pursuant to subsection (1) in the minor's medical file for 5 years after the minor reaches 18 years of age, but in no event less than 7 years.   (3) A physician or physician assistant receiving documentation under this section shall execute for inclusion in the minor's medical record an affidavit stating: "I, (insert name of physician or physician assistant), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the minor and the minor's parent or legal guardian as sufficient evidence of identity and relationship."   History: En. Sec. 6, Ch. 307, L. 2013.  
  50-20-507. Exceptions. Consent is not required under 50-20-504 if:   (1) the attending physician or physician assistant certifies in the minor's medical record that a medical emergency exists and there is insufficient time to provide consent;   (2) consent is waived, in a notarized writing, by the person entitled to give consent; or   (3) consent is waived under 50-20-509.   History: En. Sec. 7, Ch. 307, L. 2013.  
  50-20-508. Coercion prohibited. A parent, a legal guardian, or any other person may not coerce a minor to have an abortion. If a minor is denied financial support by the minor's parents, legal guardian, or custodian because of the minor's refusal to have an abortion, the minor must be considered an emancipated minor for the purposes of eligibility for public assistance benefits. The public assistance benefits may not be used to obtain an abortion.   History: En. Sec. 8, Ch. 307, L. 2013.  
  50-20-509. Procedure for judicial waiver of consent. (1) The requirements and procedures under this section are available to minors whether or not they are residents of this state.   (2) A minor may petition the youth court for a waiver of the requirement for consent and may participate in the proceedings on the minor's own behalf. The petition must include a statement that the minor is pregnant and is not emancipated. The court may appoint a guardian ad litem for the minor. A guardian ad litem is required to maintain the confidentiality of the proceedings. The youth court shall advise the minor of the right to assigned counsel and shall order the office of state public defender, provided for in 2-15-1029, to assign counsel upon request.   (3) Proceedings under this section are confidential and must ensure the anonymity of the minor. All proceedings under this section must be sealed. The minor may file the petition using a pseudonym or using the minor's initials. All documents related to the petition and the proceedings on the petition are confidential and are not available to the public. The proceedings on the petition must be given preference over other pending matters to the extent necessary to ensure that the court reaches a prompt decision. The court shall issue written findings of fact and conclusions of law and rule within 48 hours of the time that the petition is filed unless the time is extended at the request of the minor. If the court fails to rule within 48 hours and the time is not extended, the petition is granted and the requirement for consent is waived.   (4) If the court finds that the minor is competent to decide whether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian.   (5) The court shall issue an order authorizing the minor to consent to an abortion without the consent of a parent or legal guardian if the court finds that:   (a) there is evidence of physical abuse, sexual abuse, or emotional abuse of the minor by one or both parents, a legal guardian, or a custodian; or   (b) the consent of a parent or legal guardian is not in the best interests of the minor.   (6) If the court does not make a finding specified in subsection (4) or (5), the court shall dismiss the petition.   (7) A court that conducts proceedings under this section shall issue written and specific findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence, findings, and conclusions be maintained.   (8) The supreme court may adopt rules providing an expedited confidential appeal by a minor if the youth court denies a petition. An order authorizing an abortion without the consent of a parent or legal guardian is not subject to appeal.   (9) Filing fees may not be required of a minor who petitions a court for a waiver of the requirement for consent or who appeals a denial of a petition.   History: En. Sec. 9, Ch. 307, L. 2013; amd. Sec. 34, Ch. 358, L. 2017.  
  50-20-510. Criminal and civil penalties. (1) A person convicted of performing an abortion in violation of 50-20-504 shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.   (2) Failure to obtain the consent required under 50-20-504 is prima facie evidence in an appropriate civil action for a violation of a professional obligation. The evidence does not apply to issues other than failure to obtain the consent of a parent or legal guardian. A civil action may be based on a claim that the failure to obtain consent was the result of a violation of the appropriate legal standard of care. Failure to obtain consent is presumed to be actual malice pursuant to the provisions of 27-1-221. This part does not limit the common-law rights of parents.   (3) A person who coerces a minor to have an abortion is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 or more than $50,000 and be imprisoned in the state prison for a term of not less than 10 days or more than 5 years, or both.   (4) A person not authorized to grant consent under 50-20-504 who signs a consent form provided for in 50-20-505 is guilty of a misdemeanor.   History: En. Sec. 10, Ch. 307, L. 2013.  
  50-20-511. Construction. Nothing in this part may be construed as creating or recognizing a right to abortion. It is not the intention of this part to make lawful an abortion that is currently unlawful.   History: En. Sec. 11, Ch. 307, L. 2013.  
  50-20-601. Short title. This part may be cited as the "Montana Pain-Capable Unborn Child Protection Act".  History: En. Sec. 1, Ch. 307, L. 2021. 
  50-20-602. Definitions. As used in this part, the following definitions apply:  (1) "Fertilization" means the fusion of a human spermatozoon with a human ovum.   (2) "Gestational age" means the age of an unborn child, calculated from the first day of the woman's last menstrual period.   (3) "Knowing" or "knowingly" has the meaning provided in 45-2-101.   (4) (a) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of the woman's pregnancy without first determining gestational age in order to avert the woman's death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.   (b) The term does not include a condition that is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.   (5) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion.   (6) "Probable gestational age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or attempted.   (7) "Purposeful" or "purposely" has the meaning provided in 45-2-101.   (8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent medical practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.   (9) "Serious health risk to the unborn child's mother" means that, in reasonable medical judgment, the mother has a condition that so complicates the mother's medical condition that it necessitates the abortion of the mother's pregnancy to avert the mother's death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No greater risk may be determined to exist if it is based on a claim or diagnosis that the mother will engage in conduct that the mother intends to result in the mother's death or in substantial and irreversible impairment of a major bodily function.   (10) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth.   History: En. Sec. 2, Ch. 307, L. 2021. 
  50-20-603. Protection of unborn child capable of feeling pain from abortion. (1) (a) A person may not perform or attempt to perform an abortion of an unborn child capable of feeling pain unless it is necessary to prevent a serious health risk to the unborn child's mother.  (b) For the purposes of this subsection (1), an unborn child is capable of feeling pain when it has been determined by the medical practitioner performing or attempting the abortion or by another medical practitioner on whose determination the medical practitioner relies that the probable gestational age of the unborn child is 20 or more weeks.   (2) Except in the case of a medical emergency, an abortion may not be performed or attempted unless the medical practitioner has first made a determination of the probable gestational age of the unborn child or relied on a determination made by another medical practitioner. In making this determination, the medical practitioner shall make inquiries of the woman and perform or cause to be performed medical examinations and tests that a reasonably prudent practitioner who is knowledgeable about the case and the medical conditions involved would consider necessary to perform in making an accurate diagnosis with respect to gestational age.   (3) When an abortion of an unborn child capable of feeling pain is necessary to prevent a serious health risk to the unborn child's mother, the medical practitioner shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No greater risk may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the woman's death or in substantial and irreversible physical impairment of a major bodily function.   History: En. Sec. 3, Ch. 307, L. 2021. 
  50-20-604. Criminal penalties. A person who purposely or knowingly performs or attempts to perform an abortion in violation of 50-20-603 is guilty of a felony punishable in accordance with 50-20-112.  History: En. Sec. 4, Ch. 307, L. 2021. 
  50-20-605. Civil remedies. (1) A woman on whom an abortion has been performed or attempted in violation of 50-20-603 or the father of the unborn child who was the subject of the abortion may maintain an action against the person who performed or attempted the abortion in a purposeful or knowing violation of 50-20-603 for actual and punitive damages.  (2) (a) A cause of action for injunctive relief against a person who has purposely or knowingly violated 50-20-603 may be maintained by:   (i) the woman on whom an abortion was performed or attempted or, if the woman is a minor, the woman's parent or guardian;   (ii) a person who is the spouse of the woman on whom an abortion has been performed or attempted;   (iii) a prosecuting attorney with appropriate jurisdiction; or   (iv) the attorney general.   (b) The injunction must prevent the person from performing or attempting additional abortions in violation of 50-20-603 in this state.   (3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall order the defendant to pay reasonable attorney fees to the plaintiff.   (4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's lawsuit was frivolous and brought in bad faith, the court shall order the plaintiff to pay reasonable attorney fees to the defendant.   (5) Damages or attorney fees may not be assessed against the woman on whom an abortion was performed or attempted except in accordance with subsection (4).   History: En. Sec. 5, Ch. 307, L. 2021. 
  50-20-606. Protection of privacy in court proceedings. In a civil or criminal proceeding brought under 50-20-604 or 50-20-605, the court shall determine whether the anonymity of the woman on whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not consent to the disclosure. The court, on motion or sua sponte, shall make a determination and, on determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman on whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under 50-20-605(1) or (2) shall do so under a pseudonym. This section may not be construed to conceal from the defendant or from attorneys for the defendant the identity of the plaintiff or of witnesses.  History: En. Sec. 6, Ch. 307, L. 2021. 
  50-20-701. Short title. This part may be cited as the "Montana Abortion-Inducing Drug Risk Protocol Act".  History: En. Sec. 1, Ch. 309, L. 2021. 
  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.   History: En. Sec. 2, Ch. 309, L. 2021. 
  50-20-703. Definitions. As used in this part, the following definitions apply:  (1) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include an act to terminate a pregnancy with the intent to:   (a) save the life or preserve the health of the unborn child;   (b) remove a dead unborn child caused by spontaneous abortion;   (c) remove an ectopic pregnancy; or   (d) treat a maternal disease or illness for which the prescribed drug is indicated.   (2) "Abortion-inducing drug" or "chemical abortion" means a medicine, drug, or any other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as mifepristone, misoprostol, and methotrexate. The term does not include drugs that may be known to cause an abortion that are prescribed for other medical indications.   (3) "Adverse event" means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. The term does not include an adverse event or suspected adverse reaction that, had it occurred in a more severe form, might have caused death.   (4) "Associated medical practitioner" means a person authorized under 50-20-109 to perform an abortion who has entered into an associated medical practitioner agreement.   (5) "Complication" means an adverse physical or psychological condition arising from the performance of an abortion, including but not limited to uterine perforation, cervical perforation, infection, heavy or uncontrolled bleeding, hemorrhage, blood clots resulting in pulmonary embolism or deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, hemolytic reaction due to the administration of ABO-incompatible blood or blood products, adverse reactions to anesthesia and other drugs, subsequent development of breast cancer, death, psychological complications such as depression, suicidal ideation, anxiety, and sleeping disorders, and any other adverse event.   (6) "Last menstrual period" or "gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.   (7) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion in this state.   (8) "Pregnant" or "pregnancy" means the female reproductive condition of having an unborn child in the uterus.   (9) "Provide" mean any act of giving, selling, dispensing, administering, transferring possession to, or otherwise providing or prescribing an abortion-inducing drug.   (10) "Qualified medical practitioner" means a medical practitioner who has the ability to:   (a) identify and document a viable intrauterine pregnancy;   (b) assess the gestational age of pregnancy and inform the woman of gestational age-specific risks;   (c) diagnose ectopic pregnancy;   (d) determine blood type and administer RhoGAM if a woman is Rh negative;   (e) assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;   (f) provide surgical intervention or who has entered into a contract with another qualified medical practitioner to provide surgical intervention; and   (g) supervise and bear legal responsibility for any agent, employee, or contractor who is participating in any part of a procedure, including but not limited to preprocedure evaluation and care.   (11) "Unborn child" means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U.S.C. 8(b).   History: En. Sec. 3, Ch. 309, L. 2021. 
  50-20-704. In-person requirement. An abortion-inducing drug may be provided only by a qualified medical practitioner following the procedures set forth in this part. A manufacturer, supplier, medical practitioner, qualified medical practitioner, or any other person may not provide an abortion-inducing drug via courier, delivery, or mail service.  History: En. Sec. 4, Ch. 309, L. 2021. 
  50-20-705. Distribution of abortion-inducing drugs. (1) Because the failure and complication rates from a chemical abortion increase with advancing gestational age and because the physical symptoms of chemical abortion can be identical to the symptoms of ectopic pregnancy and abortion-inducing drugs do not treat ectopic pregnancies and are contraindicated in ectopic pregnancies, the qualified medical practitioner providing an abortion-inducing drug shall examine the woman in person and, prior to providing an abortion-inducing drug, shall:  (a) independently verify that a pregnancy exists;   (b) determine the woman's blood type, and if the woman is Rh negative, be able to and offer to administer RhoGAM at the time of the abortion;   (c) inform the woman that the woman may see the remains of the unborn child in the process of completing the abortion; and   (d) document in the woman's medical chart the gestational age and intrauterine location of the pregnancy and whether the woman received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care.   (2) A qualified medical practitioner providing an abortion-inducing drug must be credentialed and competent to handle complications management, including emergency transfer, or must have a signed contract with an associated medical practitioner who is credentialed to handle complications and must be able to produce the signed contract on demand by the woman or by the department. Each woman to whom a qualified medical practitioner provides an abortion-inducing drug must be given the name and phone number of the associated medical practitioner.   (3) The qualified medical practitioner providing an abortion-inducing drug, or an agent of the qualified medical practitioner, shall schedule a followup visit for the woman at approximately 7 to 14 days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified medical practitioner shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making the efforts, must be included in the woman's medical record.   History: En. Sec. 5, Ch. 309, L. 2021. 
  50-20-706. Prohibition on providing abortion-inducing drugs at elementary, secondary, and postsecondary schools. An abortion-inducing drug may not be provided in an elementary, secondary, or postsecondary school facility or on school grounds.  History: En. Sec. 6, Ch. 309, L. 2021. 
  50-20-707. Informed consent requirements for abortion-inducing drugs. (1) An abortion-inducing drug may not be provided without the informed consent of the pregnant woman to whom the abortion-inducing drug is being provided.  (2) Informed consent to a chemical abortion must be obtained at least 24 hours before the abortion-inducing drug is provided to the pregnant woman except when, in reasonable medical judgment, compliance with this subsection would pose a greater risk of:   (a) the death of the pregnant woman; or   (b) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.   (3) A form created by the department must be used by a qualified medical practitioner to obtain the consent required prior to providing an abortion-inducing drug.   (4) A consent form is not valid and consent is not sufficient unless:   (a) the woman initials each entry, list, description, or declaration required to be included in the consent form as provided in subsection (5);   (b) the woman signs the consent statement described in subsection (5)(j); and   (c) the qualified medical practitioner signs the qualified medical practitioner declaration described in subsection (5)(k).   (5) The consent form must include, but is not limited to the following:   (a) the probable gestational age of the unborn child as determined by both patient history and ultrasound results used to confirm gestational age;   (b) a detailed description of the steps to complete the chemical abortion;   (c) a detailed list of the risks related to the specific abortion-inducing drug or drugs to be used, including but not limited to hemorrhage, failure to remove all tissue of the unborn child, which may require an additional procedure, sepsis, sterility, and possible continuation of pregnancy;   (d) information about Rh incompatibility, including that if the pregnant woman has an Rh negative blood type, the woman should receive an injection of Rh immunoglobulin at the time of the abortion to prevent Rh incompatibility in future pregnancies, which can lead to complications and miscarriage in future pregnancies;   (e) a description of the risks of complications from a chemical abortion, including incomplete abortion, which increase with advancing gestational age;   (f) information about the possibility of reversing the effects of the chemical abortion if the pregnant woman changes the woman's mind and that time is of the essence;   (g) information that the pregnant woman could see the remains of the unborn child in the process of completing the abortion;   (h) information that initial studies suggest that children born after reversing the effects of an abortion-inducing drug have no greater risk of birth defects than the general population and that initial studies suggest that there is no increased risk of maternal mortality after reversing the effects of an abortion-inducing drug;   (i) notice that information on and assistance with reversing the effects of abortion-inducing drugs are available in the state-prepared materials;   (j) an acknowledgment of risks and consent statement, which must be signed by the woman. The statement must include but is not limited to the following declarations, which must be individually initialed by the woman, that:   (i) the woman understands that the abortion-inducing drug regimen or procedure is intended to end the woman's pregnancy and will result in the death of the unborn child;   (ii) the woman is not being forced to have an abortion, the woman has the choice not to have the abortion, and the woman may withdraw the woman's consent to the abortion-inducing drug regimen even after beginning the abortion-inducing drug regimen;   (iii) the woman understands that the chemical abortion regimen or procedure to be used has specific risks and may result in specific complications;   (iv) the woman has been given the opportunity to ask questions about the woman's pregnancy, the development of the unborn child, alternatives to abortion, the abortion-inducing drug or drugs to be used, and the risks and complications inherent to the abortion-inducing drug or drugs to be used;   (v) the woman was specifically told that "information on the potential ability of qualified medical professionals to reverse the effects of an abortion obtained through the use of abortion-inducing drugs is available at www.abortionpillreversal.com, or you can contact (877) 558-0333 for assistance in locating a medical professional who can aid in the reversal of an abortion";   (vi) the woman has been provided access to state-prepared, printed materials on informed consent for abortion;   (vii) if applicable, the woman has been given the name and phone number of the associated medical practitioner who has agreed to provide medical care and treatment in the event of complications associated with the abortion-inducing drug regimen or procedure;   (viii) the qualified medical practitioner will schedule an in-person follow-up visit for the woman approximately 7 to 14 days after providing the abortion-inducing drug or drugs to confirm that the pregnancy is completely terminated and to assess the degree of bleeding and other complications;   (ix) the woman has received or been given sufficient information to give the woman's informed consent to the abortion-inducing drug regimen or procedure; and   (x) the woman has a private right of action to sue the qualified medical practitioner under the laws of the state if the woman feels coerced or misled prior to obtaining an abortion and how to access state resources regarding the woman's legal right to obtain relief.   (k) a qualified medical practitioner declaration that must be signed by the qualified medical practitioner stating that the qualified medical practitioner has explained the abortion-inducing drug or drugs to be used, has provided all of the information required in this subsection (5), and has answered all of the woman's questions.   History: En. Sec. 7, Ch. 309, L. 2021. 
  50-20-708. Information required in state-prepared materials. (1) The department shall publish state-prepared, printed materials on informed consent for abortion and shall include the following statement:  "Information on the potential ability of qualified medical practitioners to reverse the effects of an abortion obtained through the use of abortion-inducing drugs is available at www.abortionpillreversal.com, or you can contact (877) 558-0333 for assistance in locating a medical professional who can aid in the reversal of an abortion."   (2) The department shall annually review and update, if necessary, the statement requirement under subsection (1).   (3) As part of the informed consent counseling services required in 50-20-707, the qualified medical practitioner shall inform the pregnant woman about abortion pill reversal and provide the woman with the state-prepared materials described in subsection (1).   History: En. Sec. 8, Ch. 309, L. 2021. 
  50-20-709. Reporting on chemical abortions. (1) For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a report of each chemical abortion performed must be made to the department on forms prescribed by the department. The reports must be completed by the facility in which the abortion-inducing drug was provided, signed by the qualified medical practitioner who provided the abortion-inducing drug, and transmitted to the department within 15 days after each reporting month.  (2) A report must include, at a minimum, the following information:   (a) identification of the qualified medical practitioner who provided the abortion-inducing drug;   (b) whether the chemical abortion was completed at the facility in which the abortion-inducing drug was provided or at an alternative location;   (c) the referring medical practitioner, agency, or service, if any;   (d) the pregnant woman's county, state, and country of residence;   (e) the pregnant woman's age and race;   (f) the number of previous pregnancies, number of live births, and number of previous abortions of the pregnant woman;   (g) the probable gestational age of the unborn child as determined by both patient history and ultrasound results used to confirm the gestational age. The report must include the date of the ultrasound and gestational age determined on that date.   (h) the abortion-inducing drug or drugs used, the date each was provided to the pregnant woman, and the reason for the abortion, if known;   (i) preexisting medical conditions of the pregnant woman that would complicate the pregnancy, if any;   (j) whether the woman returned for a follow-up examination to determine completion of the abortion procedure and to assess bleeding, the date and results of the follow-up examination, and what reasonable efforts were made by the qualified medical practitioner to encourage the woman to return for a follow-up examination if the woman did not;   (k) whether the woman suffered any complications and, if so, what specific complications arose and what follow-up treatment was needed; and   (l) the amount billed to cover the treatment for specific complications, including whether the treatment was billed to medicaid, private insurance, private pay, or another method, including charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and other costs for treatment rendered.   (3) Reports required under this section may not contain:   (a) the name of the pregnant woman;   (b) common identifiers, such as a social security number or driver's license number; or   (c) other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a pregnant woman who has obtained or seeks to obtain a chemical abortion.   (4) A qualified medical practitioner who provides an abortion-inducing drug to a pregnant woman who knows that the woman experiences, during or after the use of the abortion-inducing drug, an adverse event shall provide a written report of the adverse event within 3 days of the event to the United States food and drug administration via the medwatch reporting system, to the department, and to the state board of medical examiners.   (5) (a) A medical practitioner, qualified medical practitioner, associated medical practitioner, or other health care provider who treats a woman, either contemporaneously to or at any time after a chemical abortion, for an adverse event or complication related to a chemical abortion shall make a report of the adverse event to the department on forms prescribed by the department. The reports must be completed by the facility in which the adverse event or complication treatment was provided, signed by the medical practitioner, qualified medical practitioner, associated medical practitioner, or other health care provider who treated the adverse event or complication, and transmitted to the department within 15 days after each reporting month.   (b) The report must include, at a minimum:   (i) the information required under subsections (2)(a) through (2)(j) and (2)(l); and   (ii) information about the specific complications that arose, whether an emergency transfer was required, and whether any followup treatment was needed, including whether additional drugs or medications were provided in order to complete the abortion.   (6) The department shall prepare a comprehensive annual statistical report for the legislature based on the data gathered from reports under this section. The aggregated data must also be made available to the public by the department in a downloadable format.   (7) The department shall summarize aggregate data from the reports required under this part and submit the data to the U.S. centers for disease control and prevention for the purpose of inclusion in the annual vital statistics report.   (8) Reports filed pursuant to this section must be deemed public records and must be available to the public in accordance with the confidentiality and public records reporting laws of this state. Original copies of all reports filed under this section must be available to the state board of medical examiners, state board of pharmacy, state law enforcement officials, and child protective services for use in the performance of their official duties.   (9) Absent a valid court order or judicial subpoena, the department or any other state department, agency, office, or employee may not compare data concerning chemical abortions or abortion complications maintained in an electronic or other information system file with data in any other electronic or other information system, the comparison of which could result in identifying, in any manner or under any circumstances, a woman obtaining or seeking to obtain a chemical abortion.   (10) Statistical information that may reveal the identity of a woman obtaining or seeking to obtain a chemical abortion may not be maintained by the department or any other state department, agency, office, employee, or contractor.   (11) The department shall communicate the reporting requirements of this section to all medical professional organizations, medical practitioners, and facilities operating in the state.   History: En. Sec. 9, Ch. 309, L. 2021. 
  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.  History: En. Sec. 10, Ch. 309, L. 2021. 
  50-20-711. Criminal penalties. (1) A person who purposely or knowingly or negligently violates any provision of this part is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 20 years, or both. As used in this section, "purposely", "knowingly", and "negligently" have the meanings provided in 45-2-101.  (2) A criminal penalty may not be assessed against the pregnant woman on whom the chemical abortion is attempted or performed.   History: En. Sec. 11, Ch. 309, L. 2021. 
  50-20-712. Civil remedies and professional sanctions. (1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part:  (a) provides a basis for a civil malpractice action for actual and punitive damages;   (b) provides a basis for professional disciplinary action under Title 37 for the suspension or revocation of the license of a health care provider; and   (c) provides a basis for recovery for the woman's survivors for the wrongful death of the woman under 27-1-513.   (2) Civil liability may not be imposed against the pregnant woman on whom the chemical abortion is attempted or performed.   (3) When requested, the court shall allow a woman to proceed using solely the woman's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman on whom the chemical abortion was attempted or performed.   (4) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.   (5) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.   History: En. Sec. 12, Ch. 309, L. 2021. 
  50-20-713. Construction. This part may not be construed to:  (1) create or recognize a right to abortion;   (2) make lawful an abortion that is otherwise unlawful; or   (3) repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.   History: En. Sec. 13, Ch. 309, L. 2021. 
  50-20-714. Right of intervention. The legislature, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this part in the member's official capacity, to intervene as a matter of right in any case in which the constitutionality of this part is challenged.  History: En. Sec. 14, Ch. 309, L. 2021. 
  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.   History: En. Sec. 153, Ch. 197, L. 1967; R.C.M. 1947, 69-5101; amd. Sec. 1, Ch. 318, L. 2017.  
  50-21-102. Procedure to procure cadavers. The procedure to procure a human body for use in teaching and demonstrations of anatomy is as follows:   (1) A medical school shall apply to the person or organization that has custody of the unclaimed body asking that the body be delivered to the school for teaching and demonstration of anatomy.   (2) The medical school shall file a notarized statement with the department of public health and human services showing that proper equipment is available for proper handling, security, and preservation of human bodies.   (3) The body must be kept at the unit, institution, or hospital for at least 3 weeks after the date of death before it can be used.   (4) The medical school shall pay the costs of special preparation and transportation of the body.   (5) A burial permit must accompany each body, and the medical school shall properly register the body and arrange for burial by a licensed mortician at the expense of the medical school.   (6) If there was no request by the deceased person that the deceased's body be buried immediately, the person or organization that has custody may deliver an unclaimed body to the medical school applying.   (7) The medical school shall file a statement with the department stating that the body will be used only for teaching and demonstration of anatomy.   (8) A licensed physician or podiatrist shall contract with a nationally accredited nontransplant anatomic bank for the delivery and disposal of an anatomic specimen for the purposes of conducting anatomical dissection or surgical demonstration and training. The specimen must be delivered to a hospital or surgical center licensed by the state.   History: En. Sec. 154, Ch. 197, L. 1967; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 69-5102; amd. Sec. 123, Ch. 418, L. 1995; amd. Sec. 300, Ch. 546, L. 1995; amd. Sec. 2, Ch. 318, L. 2017.  
  50-21-103. Limitations on right to perform autopsy or dissection. The right to perform an autopsy, dissect a human body, conduct surgical demonstration or training on a human body, or make any postmortem examination involving dissection of any part of a body is limited to cases:   (1) which are specifically authorized by law;   (2) in which a coroner is authorized to hold an inquest and then only to the extent that the coroner may authorize dissection or autopsy;   (3) authorized by a written statement of the deceased, whether the statement is of a testamentary character or otherwise;   (4) authorized by the husband, wife, or next of kin responsible by law for burial to determine the cause of death and then only to the extent authorized;   (5) in which the decedent died in a hospital operated by the United States department of veterans affairs, Montana school for the deaf and blind, or an institution in the department of corrections or the department of public health and human services, leaving no surviving husband, wife, or next of kin responsible by law for burial and the manager or superintendent of the hospital or institution where death occurred obtains authority on order of the district court to determine the cause of death and then only to the extent authorized by court order;   (6) in which the decedent died in the state, was a resident, but left no surviving husband, wife, or next of kin charged by law with the duty of burial and the attending physician obtains authority on order of the district court for the purpose of ascertaining the cause of death and then only to the extent authorized by court order after it has been shown that the physician made diligent search for the next of kin responsible by law for burial.   History: En. Sec. 155, Ch. 197, L. 1967; R.C.M. 1947, 69-5103; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 301, Ch. 546, L. 1995; amd. Sec. 3, Ch. 318, L. 2017.  
  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.   History: En. Sec. 156, Ch. 197, L. 1967; amd. Sec. 1, Ch. 158, L. 1973; R.C.M. 1947, 69-5104; amd. Sec. 1832, Ch. 56, L. 2009.  
  50-21-105. Morticians not affected. This chapter shall not restrict the right of a licensed mortician to dissect a human body for proper preparation of the body for burial, cremation, or other disposition provided by law.   History: En. Sec. 157, Ch. 197, L. 1967; R.C.M. 1947, 69-5105.  
  50-21-106. Penalty for unauthorized postmortem examinations. Unless authorized by law, any person who performs an autopsy, dissection, or other postmortem examination or causes it to be made is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not exceeding $500.   History: En. Sec. 158, Ch. 197, L. 1967; R.C.M. 1947, 69-5106; amd. Sec. 1833, Ch. 56, L. 2009.  
  50-22-101. Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brainstem, is dead. A determination of death must be made in accordance with accepted medical standards.   History: En. 69-7201 by Sec. 1, Ch. 228, L. 1977; R.C.M. 1947, 69-7201; amd. Sec. 1, Ch. 86, L. 1983.  
  50-23-101. Definitions. Unless the context requires otherwise, in this part, the following definitions apply:   (1) "Department of livestock" means the department of livestock provided for in Title 2, chapter 15, part 31.   (2) "Department of public health and human services" means the department of public health and human services provided for in 2-15-2201.   (3) "Person" means an individual, group of individuals, partnership, corporation, firm, or association.   (4) "Wild animal" means a skunk, fox, raccoon, or bat. Other species of normally nondomesticated animals known to be capable of transmitting rabies may be added to this list through the adoption of rules by the department of public health and human services, with the approval of the department of livestock.   History: En. Sec. 1, Ch. 448, L. 1981; amd. Sec. 124, Ch. 418, L. 1995; amd. Sec. 302, Ch. 546, L. 1995.  
  50-23-102. Prohibition of possession of wild animals -- exceptions. A person may not possess a wild animal unless the person possessed it for at least 6 months prior to January 1, 1982, or it is used in a fur-bearing enterprise, contained in a zoological exhibition in a manner that it may not come in physical contact with members of the public, or acquired by an educational institution for scientific research.   History: En. Sec. 2, Ch. 448, L. 1981; amd. Sec. 1834, Ch. 56, L. 2009.  
  50-23-103. Quarantine -- destruction -- testing. (1) Whenever a person unlawfully possesses a wild animal, the department of public health and human services or the department of livestock may impound the animal and take any other action considered reasonable to protect public health.   (2) If a wild animal, whether unlawfully or lawfully in the possession of a person, has bitten or otherwise exposed a person to the possibility of contracting rabies, the animal may be impounded by the department of public health and human services, the department of livestock, or a local health officer and either quarantined or destroyed and the animal's brain may be tested for rabies.   (3) A lawfully possessed wild animal that is quarantined pursuant to subsection (2) and found not to be rabid must be returned to its owner.   History: En. Sec. 3, Ch. 448, L. 1981; amd. Sec. 125, Ch. 418, L. 1995; amd. Sec. 303, Ch. 546, L. 1995.  
  50-23-104. Payment of expenses. Expenses incurred by the state under 50-23-103 must be paid by the person from whom possession of the wild animal was taken.   History: En. Sec. 4, Ch. 448, L. 1981.  
  50-23-105. Authority to adopt rules. The department of public health and human services, with the approval of the department of livestock, may adopt rules necessary for the implementation and administration of this part.   History: En. Sec. 5, Ch. 448, L. 1981; amd. Sec. 126, Ch. 418, L. 1995; amd. Sec. 304, Ch. 546, L. 1995.  
  50-23-106. Injunction -- recovery of costs. (1) In addition to any other remedies provided by law, the department of public health and human services or, upon the request of the department of public health and human services, an appropriate county attorney may file an action to enjoin a violation of this part or a rule adopted pursuant to it.   (2) The department of public health and human services or the county attorney, if either prevails in any action brought pursuant to subsection (1), is entitled to recover from the other party the costs, expenses, and reasonable attorney fees incurred.   History: En. Sec. 6, Ch. 448, L. 1981; amd. Sec. 127, Ch. 418, L. 1995; amd. Sec. 305, Ch. 546, L. 1995.  
  50-3-101. Definitions. In this chapter, "department" means the department of justice and "fire prevention and investigation section" means the state fire prevention and investigation section of the department of justice provided for in 2-15-2005.   History: En. 50-3-101 by Code Commissioner, 1979; amd. Sec. 5, Ch. 706, L. 1991; amd. Sec. 12, Ch. 449, L. 2007.  
  50-3-102. Powers and duties of department regarding state fire prevention and investigation -- rules. (1) For the purpose of reducing the state's fire loss, the department shall:   (a) inspect each unit of the Montana university system and other state buildings, including state institutions, as often as duties allow, but no more frequently than once each year unless requested by the commissioner of higher education for buildings in the university system, by the department of corrections or the department of public health and human services for state institutions, or by the department of administration for all other state buildings. A copy of the inspection report for units of the university system must be given to the commissioner of higher education, a copy of the inspection report for state institutions must be given to the department of corrections and the department of public health and human services, and a copy of the inspection report for all other state buildings must be given to the department of administration. The department of justice shall advise the commissioner of higher education and the directors of the departments of corrections, public health and human services, and administration concerning fire prevention, fire protection, and public safety when it distributes the reports.   (b) inspect public, business, or industrial buildings, as provided in chapter 61, and require conformance to law and rules promulgated under the provisions of this chapter;   (c) assist local governmental fire agencies organized under Title 7, chapter 33, in fire investigations and may initiate or supervise these investigations when, in its judgment, the initiation or supervision is necessary;   (d) provide fire prevention and fire protection information to public officials and the general public;   (e) serve as the state entity primarily responsible for promoting fire safety at the state level;   (f) encourage coordination of all services and agencies in fire prevention matters to reduce duplication and fill voids in services; and   (g) establish rules concerning responsibilities and procedures to be followed when there is a threat of explosive material in a building housing state offices.   (2) The department may adopt rules necessary for safeguarding life and property from the hazards of fire and carrying into effect the fire prevention laws of this state if the rules do not conflict with building regulations adopted by the department of labor and industry.   (3) The department shall adopt rules based on nationally recognized standards necessary for safeguarding life and property from the hazards associated with the manufacture, transportation, storage, sale, and use of explosive materials.   (4) If necessary to safeguard life and property under rules promulgated pursuant to this section, the department may maintain an action to enjoin the use of all or a portion of an existing building or restrain a specific activity until there is compliance with the rules.   (5) Except for statements of witnesses given during an investigation, information that may be held in confidence under 50-63-403, and criminal justice information subject to restrictions on dissemination in accordance with Title 44, chapter 5, all records maintained by the department must be open at all times to public inspection.   History: Ap. p. Sec. 1, Ch. 124, L. 1929; re-en. Sec. 2737.1, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1943; amd. Sec. 1, Ch. 278, L. 1947; amd. Sec. 93, Ch. 199, L. 1965; amd. Sec. 2, Ch. 229, L. 1967; amd. Sec. 24, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 169, L. 1975; amd. Sec. 34, Ch. 187, L. 1977; amd. Sec. 2, Ch. 519, L. 1977; Sec. 82-1202, R.C.M. 1947; (1)(k), (1)(l)En. Secs. 19, 22, Ch. 148, L. 1911; re-en. Secs. 2756, 2759, R.C.M. 1921; re-en. Secs. 2756, 2759, R.C.M. 1935; amd. Secs. 36, 37, Ch. 187, L. 1977; Secs. 82-1226, 82-1229, R.C.M. 1947; R.C.M. 1947, 82-1202(1), (2), 82-1226, 82-1229; amd. Sec. 6, Ch. 145, L. 1979; amd. Sec. 2, Ch. 187, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 706, L. 1991; amd. Sec. 244, Ch. 546, L. 1995; amd. Sec. 2, Ch. 387, L. 2003; amd. Sec. 13, Ch. 449, L. 2007.  
  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.   History: Ap. p. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; Sec. 82-1202.1, R.C.M.; Ap. p. Sec. 1, Ch. 124, L. 1929; amd. Sec. 1, Ch. 18, L. 1943; amd. Sec. 1, Ch. 278, L. 1947; amd. Sec. 93, Ch. 199, L. 1965; amd. Sec. 2, Ch. 229, L. 1967; amd. Sec. 24, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 169, L. 1975; amd. Sec. 34, Ch. 187, L. 1977; amd. Sec. 2, Ch. 519, L. 1977; Sec. 82-1202, R.C.M. 1947; R.C.M. 1947, 82-1202(3), (4), 82-1202.1(1) thru (3), (5); amd. Sec. 3, Ch. 352, L. 1985; amd. Sec. 4, Ch. 506, L. 1989; amd. Sec. 7, Ch. 706, L. 1991; amd. Sec. 1, Ch. 116, L. 1997; amd. Sec. 1, Ch. 201, L. 1997; amd. Sec. 156, Ch. 483, L. 2001; amd. Sec. 3, Ch. 387, L. 2003; amd. Sec. 2, Ch. 443, L. 2003.  
  50-3-104. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 4, Ch. 148, L. 1911; re-en. Sec. 2741, R.C.M. 1921; re-en. Sec. 2741, R.C.M. 1935; R.C.M. 1947, 82-1207.  
  50-3-105. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(1).  
  50-3-106. Appointment of special fire inspectors. Special fire inspectors may be appointed to perform any inspection of the fire prevention and investigation section.   History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(2); amd. Sec. 1, Ch. 121, L. 1979; amd. Sec. 8, Ch. 706, L. 1991; amd. Sec. 14, Ch. 449, L. 2007.  
  50-3-107. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(3).  
  50-3-108. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 23, Ch. 148, L. 1911; re-en. Sec. 2760, R.C.M. 1921; re-en. Sec. 2760, R.C.M. 1935; amd. Sec. 42, Ch. 177, L. 1965; R.C.M. 1947, 82-1230.  
  50-3-109. Tax on fire insurance premiums. (1) Each insurer authorized to effect insurance on risks enumerated in subsection (2) that is doing business in this state shall pay to the state auditor during the month of February or March in each year, in addition to the taxes on premiums required by law to be paid by it, taxes on the fire portion of the direct premiums on the enumerated risks received during the previous calendar year after deducting cancellations and return premiums. A tax of 2 1/2% must be deposited in the general fund as provided in 33-2-708.   (2) The risks referred to in subsection (1) are:   (a) insurance of houses, buildings, and all other kinds of property against loss or damage by fire or other casualty;   (b) all kinds of insurance on goods, merchandise, or other property in the course of transportation, whether by land, water, or air;   (c) insurance against loss or damage to motor vehicles resulting from accident, collision, or marine and inland navigation and transportation perils;   (d) insurance of growing crops against loss or damage resulting from hail or the elements;   (e) insurance against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers, pumps, or other apparatus;   (f) insurance against loss or legal liability for loss because of damage to property caused by the use of teams or vehicles, whether by accident or collision or by explosion of any engine, tank, boiler, pipe, or tire of any vehicle; and   (g) insurance against theft of the whole or any part of a vehicle.   History: En. Sec. 24, Ch. 148, L. 1911; re-en. Sec. 2761, R.C.M. 1921; re-en. Sec. 2761, R.C.M. 1935; amd. Sec. 1, Ch. 83, L. 1941; amd. Sec. 1, Ch. 162, L. 1947; amd. Sec. 1, Ch. 182, L. 1959; amd. Sec. 1, Ch. 312, L. 1969; amd. Sec. 1, Ch. 110, L. 1971; R.C.M. 1947, 82-1231; amd. Sec. 1, Ch. 703, L. 1991; amd. Sec. 36, Ch. 532, L. 1997; amd. Sec. 79, Ch. 51, L. 1999; amd. Sec. 51, Ch. 380, L. 2003.  
  50-30-101. Short title. This chapter shall be cited as the "Montana Consumer Product Safety Act of 1975".   History: En. 69-7101 by Sec. 2, Ch. 394, L. 1975; R.C.M. 1947, 69-7101.  
  50-30-102. Definitions. In this chapter, the following definitions apply:  (1) "Commerce" means all commerce within this state and subject to the jurisdiction of this state and includes the operation of any business or service establishment.   (2) "Court" means, the district court in the district where the violation occurs.   (3) "Department" means the department of public health and human services provided for in 2-15-2201.   (4) "Person" includes an individual, partnership, corporation, or association or its legal representative or agent.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(1) thru (3), (18); amd. Sec. 128, Ch. 418, L. 1995; amd. Sec. 306, Ch. 546, L. 1995; amd. Sec. 21, Ch. 535, L. 2021. 
  50-30-103. Department authorized to adopt rules. (1) The authority to adopt rules for the efficient enforcement of this chapter is vested in the department.   (2) The department has the authority to adopt by reference without public hearing rules adopted under the Federal Hazardous Substances Act as amended.   History: En. 69-7109 by Sec. 9, Ch. 394, L. 1975; R.C.M. 1947, 69-7109.  
  50-30-104. Department to develop accident prevention and health oriented education programs. The department, in cooperation with other state and federal agencies, shall develop and conduct appropriate accident prevention and health oriented educational programs. The educational programs shall inform the public of the hazards, proper handling and use, disposal, storage, and transportation of hazardous substances and the proper medical and first-aid procedures for accidents resulting from hazardous substances.   History: En. 69-7112 by Sec. 12, Ch. 394, L. 1975; R.C.M. 1947, 69-7112.  
  50-30-105. Publication of information by department. (1) The department may cause to be published from time to time reports summarizing any judgments, research findings, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.   (2) The department may also cause to be disseminated information regarding hazardous substances in situations involving imminent danger to health.   (3) Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.   History: En. 69-7113 by Sec. 13, Ch. 394, L. 1975; R.C.M. 1947, 69-7113.  
  50-30-106. Department to conduct investigations. (1) The department shall conduct investigations of reported accidental injuries, illnesses, and deaths resulting from the use or misuse of all hazardous substances, as defined by 50-30-201(1)(a), intended or suitable for use by the general public.   (2) Investigations shall evaluate the causative hazardous substance and circumstances of the accident for enforcement of this chapter.   (3) If the offending hazardous substance is a pesticide regulated by another agency under the federal Environmental Pesticide Control Act or the Montana Pesticides Act, the investigation shall yield recommendations to the appropriate regulating agency for appropriate action.   History: En. 69-7110 by Sec. 10, Ch. 394, L. 1975; amd. Sec. 32, Ch. 187, L. 1977; R.C.M. 1947, 69-7110(3).  
  50-30-107. Powers and duties of department's agents. (1) For enforcement of this chapter, officers or employees duly designated by the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to:   (a) enter at reasonable times a factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after introduction;   (b) enter a vehicle being used to transport or hold hazardous substances in commerce;   (c) inspect at reasonable times, within reasonable limits, and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, and labeling in the factory, warehouse, establishment, or vehicle; and   (d) obtain samples of materials or packages or labeling.   (2) If the officer or employee obtains a sample, prior to leaving the premises the officer or employee shall pay or offer to pay the owner, operator, or agent in charge for the sample and give a receipt describing the samples obtained.   History: En. 69-7110 by Sec. 10, Ch. 394, L. 1975; amd. Sec. 32, Ch. 187, L. 1977; R.C.M. 1947, 69-7110(1), (2); amd. Sec. 1835, Ch. 56, L. 2009.  
  50-30-108. Carriers to permit inspection. (1) For the purpose of enforcing the provisions of this chapter, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the department, permit such officer or employee at reasonable times to have access to and to copy all records showing the movement in commerce of any such hazardous substances, the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof.   (2) It is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates, provided that evidence obtained under this section is not used in a criminal prosecution of the person from whom obtained.   (3) Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.   History: En. 69-7111 by Sec. 11, Ch. 394, L. 1975; R.C.M. 1947, 69-7111.  
  50-30-201. Hazardous substance defined. (1) "Hazardous substance" means:   (a) a substance or mixture of substances which:   (i) is toxic;   (ii) is corrosive;   (iii) is an irritant;   (iv) is a strong sensitizer;   (v) is flammable or combustible; or   (vi) generates pressure through decomposition, heat, or other means if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;   (b) substances which the department by rule finds under 50-30-215 meet the requirements of subsection (1)(a) of this section;   (c) a radioactive substance if, with respect to the substance as used in a particular class of article or as packaged, the department determines by rule that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health; or   (d) a toy or other article intended for use by children which presents an electrical, mechanical, or thermal hazard as determined by the department by rule in accordance with 50-30-220.   (2) (a) The term "hazardous substance" does not apply to pesticides subject to the federal Pesticide Environmental Control Act or the Montana Pesticides Act, to foods, drugs, and cosmetics subject to the Montana Food, Drug, and Cosmetic Act, or to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house.   (b) The term applies, however, to an article which is not itself a pesticide within the meaning of the federal Pesticide Environmental Control Act or the Montana Pesticide Act but which is a hazardous substance within the meaning of subsection (1) of this section by reason of bearing or containing a pesticide.   (c) The term also applies to pesticides whenever human health is directly affected from the use or misuse of pesticides requiring an accident investigation for the purpose of preparing recommendations to federal or state pesticide control agencies.   (3) The term "hazardous substance" does not include source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and rules issued pursuant thereto by the atomic energy commission.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(4).  
  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.   History: (1)En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; Sec. 69-7102, R.C.M. 1947; (2)En. 69-7104 by Sec. 4, Ch. 394, L. 1975; Sec. 69-7104, R.C.M. 1947; R.C.M. 1947, 69-7102(13), 69-7104(part).  
  50-30-203. Banned hazardous substance defined. (1) "Banned hazardous substance" means:   (a) a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted; or   (b) a hazardous substance intended or packaged in a form suitable for use by the general public which the department by rule classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of the substance by the general public is such that the objective of the protection of the public health and safety can be adequately served only by keeping the substance, when so intended or packaged, out of the channels of commerce.   (2) The department by rule shall exempt from subsection (1)(a) of this section articles such as chemical sets which, by reason of their functional purpose, require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed the directions and warnings.   (3) Proceedings for the issuance, amendment, or repeal of rules under subsections (1)(b) and (2) of this section shall be governed by the provisions of 50-30-219 and 50-30-220.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(14).  
  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.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(5); amd. Sec. 1836, Ch. 56, L. 2009.  
  50-30-205. Highly toxic defined. (1) "Highly toxic" means a substance that falls within any of the following categories:   (a) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams at a single dose of 50 milligrams or less per kilogram of body weight when orally administered;   (b) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams when inhaled continuously for a period of 1 hour or less at an atmosphere concentration of 200 parts per million or less by volume of gas or vapor or 2 milligrams per liter or less by volume of mist or dust if that concentration is likely to be encountered by humans when the substance is used in a reasonably foreseeable manner; or   (c) produces death within 14 days in one-half or more of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less.   (2) If the department finds that available data on human experience with a substance indicates results different from those obtained on animals in the dosages or concentrations described in subsection (1), the human data must take precedence.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(6); amd. Sec. 1837, Ch. 56, L. 2009.  
  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.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(7).  
  50-30-207. Irritant defined. "Irritant" means a substance not corrosive within the meaning of 50-30-206 which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(8).  
  50-30-208. Strong sensitizer defined. "Strong sensitizer" means a substance which will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(9).  
  50-30-209. Extremely flammable, flammable, and combustible defined. (1) "Extremely flammable" applies to a substance which has a flash point at or below 20 degrees F, as determined by the Tagliabue open cup tester.   (2) "Flammable" applies to a substance which has a flash point above 20 degrees to and including 80 degrees F, as determined by the Tagliabue open cup tester.   (3) "Combustible" applies to a substance which has a flash point above 80 degrees to and including 150 degrees F, as determined by the Tagliabue open cup tester.   (4) The flammability or combustibility of solids and the contents of self-pressurized containers shall be determined by methods found by the department to be generally applicable to the materials or containers, respectively, and established by rules issued by the department, which rules shall also define the terms "flammable", "combustible", and "extremely flammable" in accord with the methods used.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(10).  
  50-30-210. Radioactive substance defined. "Radioactive substance" means a substance which emits ionizing radiation.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(11).  
  50-30-211. Label defined. "Label" means a display of written, printed, or graphic matter upon the immediate container ("immediate container" does not include package liners) of a substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(part (12)).  
  50-30-212. Electrical hazards. An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(15).  
  50-30-213. Mechanical hazards. An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness:   (1) from fracture, fragmentation, or disassembly of the article;   (2) from propulsion of the article (or a part or accessory thereof);   (3) from points or other protrusions, surfaces, edges, openings, or closures;   (4) from moving parts;   (5) from lack or insufficiency of controls to reduce or stop motion;   (6) as a result of self-adhering characteristics of the article;   (7) because the article (or a part or accessory thereof) may be aspirated or ingested;   (8) because of instability; or   (9) because of any other aspect of the article's design or manufacture.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(16).  
  50-30-214. Thermal hazards. An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(17).  
  50-30-215. Declaration of hazardous substance. When in the judgment of the department such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the department may by rule declare to be a hazardous substance a substance or mixture of substances which the department finds meets the requirements of 50-30-201(1)(a).   History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(1).  
  50-30-216. Additional labeling requirements. If the department finds that the requirements of 50-30-202(1)(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by a hazardous substance, the department may by rule establish such reasonable variations or additional labeling requirements as are necessary for the protection of the public health and safety, and a hazardous substance intended or packaged in a form suitable for use by the general public or by children which fails to bear a label in accordance with the rules is a misbranded hazardous substance.   History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(2).  
  50-30-217. Exemption from labeling requirements. If the department finds that because of the size of the package involved, because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the department shall adopt rules exempting the substance from these requirements to the extent of being consistent with adequate protection of the public health and safety.   History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(3).  
  50-30-218. When labeling requirement complied with. A requirement made by or under authority of this chapter that a word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears:   (1) on the outside container or wrapper, if any, unless it is easily legible through the outside container or wrapper; and   (2) on all accompanying literature where there are directions for use, written or otherwise.   History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(part (12)).  
  50-30-219. Ban of hazardous substance authorized. If the department finds that the hazard of an article subject to this chapter is such that labeling adequate to protect the public health and safety cannot be devised or the article presents an imminent danger to the public health and safety, the department may declare the article a banned hazardous substance and require its removal from commerce.   History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(4).  
  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.   History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(5).  
  50-30-301. Prohibited acts. The following acts and causing the following acts are prohibited:   (1) the introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance;   (2) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of or the doing of any other act with respect to a hazardous substance if the act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;   (3) the receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the substance for pay or otherwise;   (4) the giving of a guarantee or undertaking referred to in 50-30-305(2) that is false, except by a person who relies upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance;   (5) the failure to permit entry or inspection as authorized by 50-30-107(1) or to permit access to any copying of any record as authorized by 50-30-108;   (6) the introduction or delivery for introduction into commerce or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise of a hazardous substance in a reused food, drug, or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification;   (7) the use by any person to the person's own advantage or revealing other than to the department or officers or employees of the agency or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of 50-30-106 and 50-30-107 concerning any method or process that as a trade secret is entitled to protection.   History: En. 69-7104 by Sec. 4, Ch. 394, L. 1975; R.C.M. 1947, 69-7104(part); amd. Sec. 7, Ch. 37, L. 1979; amd. Sec. 1838, Ch. 56, L. 2009.  
  50-30-302. Notice and hearing required prior to prosecution. Before a violation of this chapter is reported to a county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.   History: En. 69-7108 by Sec. 8, Ch. 394, L. 1975; amd. Sec. 31, Ch. 187, L. 1977; R.C.M. 1947, 69-7108(part); amd. Sec. 1839, Ch. 56, L. 2009.  
  50-30-303. Department and county attorney to prosecute violations. It is the duty of the department or the county attorney to whom the department reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.   History: En. 69-7108 by Sec. 8, Ch. 394, L. 1975; amd. Sec. 31, Ch. 187, L. 1977; R.C.M. 1947, 69-7108(part).  
  50-30-304. Penalty. A person who violates the provisions of 50-30-301 is guilty of a misdemeanor and shall be fined no more than $500 or be imprisoned for any term not to exceed 90 days, or both. For offenses committed with intent to defraud or mislead or for second and subsequent offenses, the penalty shall be imprisonment for any term not to exceed 1 year or a fine of no more than $3,000, or both.   History: En. 69-7105 by Sec. 5, Ch. 394, L. 1975; amd. Sec. 29, Ch. 187, L. 1977; R.C.M. 1947, 69-7105(1).  
  50-30-305. Exceptions to penalty. A person is not subject to the penalties of 50-30-304:   (1) for having violated 50-30-301(3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith unless the person refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom the person purchased or received the hazardous substance and copies of all documents pertaining to the delivery of the hazardous substance to the person; or   (2) for having violated 50-30-301(1) if the person establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded or banned hazardous substance within the meaning of those terms in this chapter.   History: En. 69-7105 by Sec. 5, Ch. 394, L. 1975; amd. Sec. 29, Ch. 187, L. 1977; R.C.M. 1947, 69-7105(2); amd. Sec. 1840, Ch. 56, L. 2009.  
  50-30-306. Injunction authorized. In addition to the remedies hereinafter provided, the department is authorized to apply to court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-30-301, irrespective of whether or not there exists an adequate remedy at law.   History: En. 69-7106 by Sec. 6, Ch. 394, L. 1975; R.C.M. 1947, 69-7106.  
  50-30-307. Detainer of misbranded or banned hazardous substance. (1) If a duly authorized agent of the department finds or has probable cause to believe that a hazardous substance is misbranded or is a banned hazardous substance within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected of being misbranded or is a banned hazardous substance and has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for a person to remove or dispose of a detained or embargoed article by sale or otherwise without permission.   (2) If an article detained or embargoed under subsection (1) is found by the agent to be misbranded or a banned hazardous substance, the agent shall petition the judge of the city, justice's, or district court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If the agent finds that an article detained or embargoed is not misbranded or a banned hazardous substance, the agent shall remove the tag or other marking.   (3) (a) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, the article must, after entry of the decree, be destroyed at the expense of the claimant of the article under supervision of the agent and all court costs and fees and storage and other proper expenses are to be taxed against the claimant of the article or the claimant's agent.   (b) If the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after the costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be properly labeled, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling under the supervision of an agent of the department. The expense of the supervision must be paid by the claimant. The article must be returned to the claimant on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of the supervision have been paid.   History: En. 69-7107 by Sec. 7, Ch. 394, L. 1975; amd. Sec. 30, Ch. 187, L. 1977; R.C.M. 1947, 69-7107; amd. Sec. 1841, Ch. 56, L. 2009.  
  50-31-101. Short title. This chapter may be cited as the "Montana Food, Drug, and Cosmetic Act".   History: En. Sec. 1, Ch. 307, L. 1967; R.C.M. 1947, 27-701.  
  50-31-102. Applicability of chapter. The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of these articles for sale; the sale, dispensing, and giving of these articles; and the supplying or applying of these articles in the conduct of a food, drug, or cosmetic establishment.   History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(q).  
  50-31-103. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:   (1) "Advertisement" means representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.   (2) "Beef patty mix" means "hamburger" or "ground beef" to which have been added binders or extenders as those terms are understood by general custom and usage in the food industry.   (3) "Bottled water" means water that is intended for human consumption and that is sealed in bottles or other containers with no added ingredients, except that bottled water may optionally contain safe and suitable antimicrobial agents.   (4) "Cell-cultured edible product" means the concept of meat, including but not limited to muscle cells, fat cells, connective tissue, blood, and other components produced via cell culture, rather than from a whole slaughtered animal. A cell-cultured edible product derived from meat muscle cells, fat cells, connective tissue, blood, or other meat components must contain labeling indicating it is derived from those cells, tissues, blood, or components.   (5) "Color" includes black, white, and intermediate grays.   (6) (a) "Color additive" means a material that:   (i) is a dye, pigment, or other substance made by a process of synthesis or similar artifice or that is extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or   (ii) when added or applied to a food, drug, or cosmetic or to the human body is capable (alone or through reaction with another substance) of imparting color to the human body.   (b) The term does not include material that has been or is exempted under the federal act.   (7) (a) "Consumer commodity", except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic as those terms are defined by this chapter or by the federal act and regulations pursuant to the federal act.   (b) The term does not include:   (i) any tobacco or tobacco product;   (ii) a commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.) or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151 through 157), commonly known as the Virus-Serum-Toxin Act;   (iii) a drug subject to 50-31-306(1)(m) or 50-31-307(2)(c) or section 503(b)(1) or 506 of the federal act (21 U.S.C. 353(b)(1) and 356);   (iv) a beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201, et seq.); or   (v) a commodity subject to the Federal Seed Act (7 U.S.C. 1551 through 1610).   (8) "Contaminated with filth" applies to a food, drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, foreign, or injurious contaminations.   (9) (a) "Cosmetic" means:   (i) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; and   (ii) articles intended for use as a component of these articles.   (b) The term does not include soap.   (10) "Counterfeit drug" means a drug, drug container, or drug label that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device or any likeness of an identifying mark, imprint, or device of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug and that falsely purports or is represented to be the product of or to have been packed or distributed by the other drug manufacturer, processor, packer, or distributor.   (11) "Department" means the department of public health and human services provided for in 2-15-2201.   (12) "Device" (except when used in 50-31-107(2), 50-31-203(6), 50-31-306(1)(c) and (1)(q), 50-31-402(3), and 50-31-501(10)) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:   (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or   (b) to affect the structure or function of the body of humans or other animals.   (13) "Dietary supplement" means a product, other than a tobacco product, that is intended to supplement the diet and that:   (a) is advertised only as a food supplement;   (b) bears or contains one or more of the following ingredients:   (i) a vitamin;   (ii) a mineral;   (iii) an herb or other botanical substance;   (iv) an amino acid;   (v) a dietary substance used to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract, or combination of any ingredients described in subsections (13)(b)(i) through (13)(b)(iv);   (c) conforms to any additional provisions for the definition of dietary supplement under 21 U.S.C. 321.   (14) "Drug" means:   (a) articles recognized in the official United States Pharmacopoeia, official National Formulary, or a supplement to either of these;   (b) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;   (c) articles (other than food) intended to affect the structure or function of the body of humans or other animals;   (d) articles intended for use as components of any article specified in subsection (14)(a), (14)(b), or (14)(c) but does not include devices or their components, parts, or accessories.   (15) "Federal act" means the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301, et seq.).   (16) "Food" means:   (a) articles used for food or drink for humans or other animals;   (b) chewing gum;   (c) articles used for components of these articles; and   (d) dietary supplements.   (17) (a) "Food additive" means a substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of food. The term includes a substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and a source of radiation intended for this use if the substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures to be safe under the conditions of its intended use. Alternatively, for a substance used in a food prior to January 1, 1958, the determination of safety under the conditions of the substance's intended use may be through either scientific procedures or experience based on common use in food.   (b) The term does not include:   (i) a pesticide chemical in or on a raw agricultural commodity;   (ii) a pesticide chemical to the extent that the pesticide chemical is intended for use or is used in the production, storage, or transportation of a raw agricultural commodity;   (iii) a color additive;   (iv) a substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958, pursuant to the federal act, the Poultry Products Inspection Act (21 U.S.C. 451, et seq.), or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 603, et seq.).   (18) "Food service establishment" means a retail food establishment defined in 50-50-102 and any facility operated by a governmental entity where food is served.   (19) "Hamburger" or "ground beef" means ground fresh or frozen beef or a combination of both fresh and frozen beef, with or without the addition of suet, to which no water, binders, or extenders are added. The term includes only products entirely derived from the edible flesh of livestock or a livestock product, as meat is defined in 81-9-217. The term does not include cell-cultured edible products. There are four grades of hamburger or ground beef:   (a) "regular hamburger" or "regular ground beef" may have:   (i) a fat content no greater than the federal standard set forth in 9 CFR 319.15; and   (ii) a lean content of no less than 70%;   (b) "lean hamburger" or "lean ground beef" may have:   (i) a fat content no greater than 22%; and   (ii) a lean content of no less than 78%;   (c) "extra lean hamburger" or "extra lean ground beef" may have:   (i) a fat content no greater than 16%; and   (ii) a lean content of no less than 84%; and   (d) "super lean hamburger" or "super lean ground beef" may have:   (i) a fat content no greater than 12%; and   (ii) a lean content of no less than 88%.   (20) "Honey" means the nectar and saccharine plant exudations, gathered, modified, and stored in the comb by honey bees, that are levorotatory and that contain not more than 25% of water, not more than 0.25% of ash, and not more than 8% sucrose.   (21) "Label" means a display of written, printed, or graphic matter on the immediate container of an article. "Immediate container" does not include package liners.   (22) "Labeling" means labels and other written, printed, or graphic matter:   (a) on an article or its containers or wrappers;   (b) accompanying the article.   (23) "Menu" means a list presented to the patron that states the food items for sale in a food service establishment.   (24) "New drug" means a drug, the composition of which:   (a) is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended, or suggested in the new drug's labeling; or   (b) has become recognized as a result of investigations to determine the new drug's safety and effectiveness for use under the conditions prescribed but has not, other than in the investigations, been used to a material extent or for a material time under the conditions prescribed.   (25) "Official compendium" means the official United States Pharmacopoeia, official National Formulary, or a supplement to either of these.   (26) (a) "Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers.   (b) The term does not include:   (i) shipping containers or wrappings used solely for the transportation of a consumer commodity in bulk or in quantity to manufacturers, packers, or processors or to wholesale or retail distributors;   (ii) shipping containers or outer wrappings used by retailers to ship or deliver a commodity to retail customers if the containers and wrappings bear no printed matter pertaining to a particular commodity.   (27) "Person" includes an individual, partnership, corporation, and association.   (28) "Pesticide chemical" means a substance that alone, in chemical combination, or in formulation with one or more other substances is an "economic poison" under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.), as amended, and that is used in the production, storage, or transportation of raw agricultural commodities.   (29) "Placard" means a nonpermanent sign used to display or describe food items for sale in a food service establishment or retail meat establishment.   (30) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.   (31) "Processing" means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, freezing, or otherwise manufacturing a food or changing the physical characteristics of a food and the enclosure of the food in a package.   (32) "Raw agricultural commodity" has the meaning as provided in 50-50-102.   (33) "Retail meat establishment" means a commercial establishment at which meat or meat products are displayed for sale or provision to the public, with or without charge.   (34) "Synthetically compounded" means a product formulated by a process that chemically changes a material or substance extracted from naturally occurring plant, animal, or mineral sources, except for microbiological processes.   History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(part); amd. Sec. 8, Ch. 37, L. 1979; amd. Sec. 1, Ch. 456, L. 1979; amd. Sec. 1, Ch. 361, L. 1981; amd. Sec. 1, Ch. 605, L. 1985; amd. Sec. 1, Ch. 169, L. 1989; amd. Sec. 4, Ch. 472, L. 1989; amd. Sec. 1, Ch. 133, L. 1991; amd. Sec. 129, Ch. 418, L. 1995; amd. Sec. 307, Ch. 546, L. 1995; amd. Sec. 210, Ch. 42, L. 1997; amd. Sec. 3, Ch. 172, L. 1999; amd. Sec. 1, Ch. 373, L. 2003; amd. Sec. 6, Ch. 239, L. 2015; amd. Sec. 1, Ch. 186, L. 2019.  
  50-31-104. Department authorized to adopt rules. (1) The department may adopt rules for the efficient enforcement of this chapter. The department may adopt by reference the regulations adopted by the food and drug administration under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).  (2) No hearing is required for adoption by reference of those regulations adopted under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).   (3) The department may not establish rules related to enforcement of this chapter for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.   History: En. Sec. 21, Ch. 307, L. 1967; amd. Sec. 3, Ch. 171, L. 1971; amd. Sec. 4, Ch. 349, L. 1974; R.C.M. 1947, 27-721; amd. Sec. 5, Ch. 320, L. 2021. 
  50-31-105. Publication of information by department. (1) The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.   (2) The department may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the department deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.   History: En. Sec. 23, Ch. 307, L. 1967; R.C.M. 1947, 27-723.  
  50-31-106. Inspections and taking of samples authorized. (1) The department or its authorized agents have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to any vehicle being used to transport or hold the foods, drugs, devices, or cosmetics in commerce, for the purpose of:  (a) inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; and   (b) securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample.   (2) The department shall make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.   (3) Pursuant to Title 50, chapter 49, part 2, the department may not conduct inspections of or take samples from producers as defined in 50-49-202.   History: En. Sec. 22, Ch. 307, L. 1967; amd. Sec. 3, Ch. 187, L. 1977; R.C.M. 1947, 27-722; amd. Sec. 6, Ch. 320, L. 2021. 
  50-31-107. False or misleading representations. (1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.   (2) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or a combination of these but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use as are customary or usual.   History: (1)En. Sec. 20, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 27-720, R.C.M. 1947; (2)En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; Sec. 27-702, R.C.M. 1947; R.C.M. 1947, 27-702(l), 27-720(a).  
  50-31-108. Regulations concerning additives. (1) The department, upon its own motion or upon the petition of any interested party requesting that a rule be established, whenever public health or other considerations in the state require, is authorized to adopt, amend, or repeal rules, whether or not in accordance with regulations promulgated under the federal act, prescribing tolerances for any added poisonous or deleterious substances for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including but not limited to zero tolerances and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions when the food additive or color additive is to be used solely for investigational or experimental purposes.  (2) A petitioner shall establish by data submitted to the department that a necessity exists for the rule and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether the regulation should be promulgated, the department may require additional data to be submitted and failure to comply with the request is sufficient grounds to deny the request.   (3) In adopting, amending, or repealing rules relating to the substances, the department shall consider among other relevant factors the following, which the petitioner, if any, shall furnish:   (a) the name and all pertinent information concerning the substance, including, when available:   (i) its chemical identity and composition;   (ii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions and including specimens of proposed labeling; and   (iii) all relevant data bearing on the physical or other technical effect and the quantity required to produce the effect;   (b) the probable composition of or other relevant exposure from the article and of any substance formed in or on a food, drug, or cosmetic resulting from the use of the substance;   (c) the probable consumption of the substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in the diet;   (d) safety factors that, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;   (e) the availability of any needed practicable methods of analysis for determining the identity and quantity of:   (i) the substance in or on an article;   (ii) any substance formed in or on the article because of the use of the substance; and   (iii) the pure substance and all intermediates and impurities; and   (f) facts supporting a contention that the proposed use of the substance will serve a useful purpose.   (4) The department may not establish rules related to food additives under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.   History: En. Sec. 13, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-713(b); amd. Sec. 1842, Ch. 56, L. 2009; amd. Sec. 7, Ch. 320, L. 2021. 
  50-31-109. Use of additives. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of 50-31-202(2) with respect to any food, 50-31-305(1) through (5) with respect to any drug or device, or 50-31-401(1) with respect to any cosmetic unless there is in effect a regulation pursuant to 50-31-108 limiting the quantity of such substance and the use or intended use of such substance conforms to the terms prescribed by such regulation. While such regulation relating to such substance is in effect, a food, drug, or cosmetic shall not by reason of bearing or containing such substance in accordance with the regulation be considered adulterated within the meaning of 50-31-202(1), 50-31-305(1) through (5), or 50-31-401(1).   History: En. Sec. 13, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-713(a).  
  50-31-110. Certain agricultural chemicals not color additives. Subsections (5) and (6) of 50-31-103 do not apply to a pesticide chemical, soil or plant nutrient, or other agricultural chemical that affects the color of produce of the soil, whether before or after harvest, solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil.   History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(u)(3); amd. Sec. 3, Ch. 361, L. 1981; amd. Sec. 5, Ch. 169, L. 1989; amd. Sec. 2, Ch. 373, L. 2003; amd. Sec. 2, Ch. 186, L. 2019.  
  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.   History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(i)(part); amd. Sec. 9, Ch. 37, L. 1979.  
  50-31-201. Department authorized to adopt food standards. (1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/or fill of container.  (2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which must be named on the label.   (3) The definitions and standards must conform as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may adopt by reference the definitions and standards promulgated under authority of the federal act.   (4) The department may not adopt food standards or regulations under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.   History: En. Sec. 9, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-709; amd. Sec. 8, Ch. 320, L. 2021. 
  50-31-202. When food adulterated. A food is considered to be adulterated if:   (1) it bears or contains any poisonous or deleterious substance that may render it injurious to health. If the poisonous or deleterious substance is not an added substance, the food may not be considered adulterated under this subsection if the quantity of the substance in that food does not ordinarily render it injurious to health.   (2) it bears or contains any added poisonous or added deleterious substance, other than one that is:   (a) a pesticide chemical in or on a raw agricultural commodity;   (b) a food additive; or   (c) a color additive that is unsafe within the meaning of 50-31-109;   (3) it is a raw agricultural commodity and it bears or contains a pesticide chemical that is unsafe within the meaning of section 408(a) of the federal act (21 U.S.C. 346a(a)), as amended;   (4) it is or it bears or contains any food additive that is unsafe within the meaning of section 409 of the federal act (21 U.S.C. 348) as amended. However, if a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 408 of the federal act (21 U.S.C. 346) and the raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed food may, notwithstanding the provisions of 50-31-108, 50-31-109, and subsection (4) of this section, not be determined unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity.   (5) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food;   (6) it has been produced, prepared, packed, or held under unsanitary conditions under which it may have become contaminated with filth or under which it may have been rendered diseased, unwholesome, or injurious to health;   (7) it is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse;   (8) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;   (9) any valuable constituent has been in whole or in part omitted or abstracted from the food;   (10) any substance has been substituted wholly or in part for the food;   (11) damage or inferiority has been concealed in any manner;   (12) any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;   (13) it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 0.4%, harmless natural wax not in excess of 0.4%, or harmless natural gum and pectin. However, this paragraph does not apply to any confectionery by reason of its containing less than 0.5% by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.   (14) it is or bears or contains any color additive that is unsafe within the meaning of the federal act.   History: En. Sec. 10, Ch. 307, L. 1967; R.C.M. 1947, 27-710; amd. Sec. 211, Ch. 42, L. 1997.  
  50-31-203. When food misbranded. A food is considered to be misbranded if:   (1) its labeling is false or misleading in any particular;   (2) it is offered for sale under the name of another food;   (3) it is an imitation of another food for which a definition and standard of identity has been prescribed by regulations as provided by 50-31-201 or if it is an imitation of another food that is not subject to subsection (7) of this section, unless its label bears in type of uniform size and prominence the word imitation and, immediately after that word, the name of the food imitated;   (4) its container is made, formed, or filled in a manner that is misleading;   (5) it is in package form, unless it bears a label containing:   (a) the name and place of business of the manufacturer, packer, or distributor;   (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations must be permitted and exemptions as to small packages must be established by regulations prescribed by the department;   (6) any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;   (7) it purports to be or is represented as a food for which a definition and standard of identity have been prescribed by regulations as provided by 50-31-201, unless:   (a) it conforms to that definition and standard; and   (b) its label bears the name of the food specified in the definition and standard and, as may be required by the regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food;   (8) it purports to be or is represented as:   (a) a food for which a standard of quality has been prescribed by regulations as provided by 50-31-201 and its quality falls below that standard, unless its label bears, in a manner and form that the regulations specify, a statement that it falls below that standard; or   (b) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by 50-31-201 and it falls below the standard of fill of container applicable, unless its label bears, in a manner and form that the regulations specify, a statement that it falls below that standard;   (9) it is not subject to the provisions of subsection (7) unless it bears labeling clearly giving:   (a) the common or usual name of the food, if there is one; and   (b) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. To the extent that compliance with the requirements of this subsection (9)(b) is impractical or results in deception or unfair competition, exemptions must be established by regulations promulgated by the department. The requirements of this subsection (9)(b) do not apply to food products that are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with regulations promulgated by the department.   (10) it purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties that the department determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for special dietary uses;   (11) it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions must be established by regulations promulgated by the department. Butter, cheese, ice cream, and frozen desserts as described in 81-22-101 are exempt from label statements for artificial flavoring and artificial coloring.   (12) it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded;   (13) it is a color additive, unless its packaging and labeling are in conformity with packaging and labeling requirements applicable to that color additive prescribed under the provisions of the federal act;   (14) it is a cell-cultured edible product labeled as meat but does not meet the definition of meat in 81-9-217. A cell-cultured edible product derived from meat muscle cells, fat cells, connective tissue, blood, or other meat components is not considered to be misbranded if it is labeled in accordance with 50-31-103 to indicate it is derived from those cells, tissues, blood, or components.   History: En. Sec. 11, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-711; amd. Sec. 2, Ch. 605, L. 1985; amd. Sec. 212, Ch. 42, L. 1997; amd. Sec. 4, Ch. 172, L. 1999; amd. Sec. 3, Ch. 186, L. 2019.  
  50-31-204. Labeling requirements for products in semblance of honey or containing honey. (1) Any product sold in semblance of honey which is a blend or mixture of honey and other ingredients must be labeled in such a way that the name of the main ingredient added to the honey will be printed so that it will be as prominent and conspicuous as the word "honey". The word "imitation" may not be used in the name of a product which is in semblance of honey whether or not it contains any honey.   (2) The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product. The relative position of the word "honey" in the product name and in the list of ingredients, when required, shall be determined by its prominence as an ingredient in the product.   History: En. Sec. 3, Ch. 307, L. 1967; amd. Sec. 2, Ch. 171, L. 1971; amd. Sec. 2, Ch. 114, L. 1974; amd. Sec. 9, Ch. 403, L. 1977; R.C.M. 1947, 27-703(part).  
  50-31-205. Repealed. Sec. 6, Ch. 373, L. 2003.   History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(a).  
  50-31-206. Repealed. Sec. 6, Ch. 373, L. 2003.   History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(c).  
  50-31-207. Repealed. Sec. 6, Ch. 373, L. 2003.   History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(b).  
  50-31-208. Sale of hamburger and beef patty mix. (1) A food service establishment or retail meat establishment may not use the terms "hamburger", "burger", or other similar term in any advertisement or menu to refer to any beef patty mix. A food service establishment or retail meat establishment selling or serving beef patty mix may refer to the product as "beef patty mix" or by any other term that accurately informs the customer of the nature of the food product being sold or served.   (2) If beef patty mix is sold or served in a food service establishment or retail meat establishment, a list of ingredients must appear on the menu or label or, if there is not a menu or label, on a placard as follows:   (a) The term "beef patty mix" or any other term that accurately informs the customer of the nature of the food product and its ingredients must be included.   (b) The ingredients must be listed in descending order of predominance by weight.   (c) The lettering on the placard must be at least 1 inch in height (72-point letters), in boldface, and in colors that contrast with the placard.   (d) The placard must be posted in a permanent place, conspicuous to the customer, in each room or area where food is served or sold at retail.   (3) If hamburger or ground beef is sold in a retail meat establishment, the grade of hamburger or ground beef, as enumerated in 50-31-103(19), and the maximum fat and minimum lean content must appear on each displayed package or, if the product is not packaged for display, on a placard. If a placard is used, it must satisfy the requirements of subsections (2)(c) and (2)(d). The provisions of this subsection do not apply to the service of prepared hamburger or ground beef at a food service establishment.   History: En. Sec. 5, Ch. 456, L. 1979; amd. Sec. 2, Ch. 361, L. 1981; amd. Sec. 6, Ch. 169, L. 1989; amd. Sec. 2, Ch. 133, L. 1991; amd. Sec. 3, Ch. 373, L. 2003; amd. Sec. 4, Ch. 186, L. 2019.  
  50-31-209 through 50-31-220 reserved.  
  50-31-221. Repealed. Secs. 5, 7(2), Ch. 172, L. 1999.   History: En. Sec. 3, Ch. 605, L. 1985.  
  50-31-222. Repealed. Secs. 5, 7(2), Ch. 172, L. 1999.   History: En. Sec. 4, Ch. 605, L. 1985.  
  50-31-223. Repealed. Secs. 5, 7(2), Ch. 172, L. 1999.   History: En. Sec. 5, Ch. 605, L. 1985.  
  50-31-224 through 50-31-230 reserved.  
  50-31-231. Repealed. Secs. 5, 7(2), Ch. 172, L. 1999.   History: En. Sec. 6, Ch. 605, L. 1985.  
  50-31-232 through 50-31-235 reserved.  
  50-31-236. Repealed. Sec. 6, Ch. 373, L. 2003.   History: En. Sec. 2, Ch. 169, L. 1989.  
  50-31-237. Health claims for bottled water. Claims of medicinal or health-giving properties on labels or in advertisements for bottled water are prohibited.   History: En. Sec. 3, Ch. 169, L. 1989.  
  50-31-238. Repealed. Sec. 6, Ch. 373, L. 2003.   History: En. Sec. 4, Ch. 169, L. 1989.  
  50-31-301. Definitions. As used in this part, the following definitions apply:   (1) "Antibiotic drug" means any drug intended for use by humans containing any quantity of any chemical substance that is produced by a microorganism and that has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of such a substance).   (2) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, marks or monograms unique to the manufacturer or distributor of the drug, or both.   (3) "Distributor" means a person who distributes for resale a drug in solid dosage form under the person's own label whether or not the person is the manufacturer of the drug.   (4) "Established name", with respect to a drug or ingredient of the drug, means:   (a) the applicable official name designated pursuant to section 508 of the federal act (21 U.S.C. 358);   (b) if there is no official name and the drug or the ingredient is an article recognized in an official compendium, then the official title of the drug or ingredient in the compendium. If this subsection (4)(b) applies to an article recognized in the United States Pharmacopoeia, the official title used in the United States Pharmacopoeia applies.   (c) if neither subsection (4)(a) nor (4)(b) applies, then the common or usual name, if any, of the drug or of the ingredient.   (5) "Legend drug" means any drug defined by section 503(b) of the federal act (21 U.S.C. 353(b)), as amended on January 15, 1980, under which its label is required to bear the statement: "Caution: Federal law prohibits dispensing without prescription."   (6) "Manufacturer" means a person who mixed the final ingredients and prepared the final drug product.   (7) "Solid dosage form" means capsules or tablets intended for oral use.   History: En. Sec. 15, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-715(part); amd. Sec. 1, Ch. 403, L. 1979; amd. Sec. 1, Ch. 95, L. 1981; amd. Sec. 1, Ch. 239, L. 1983; amd. Sec. 213, Ch. 42, L. 1997.  
  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.   History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(n).  
  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.   History: En. Sec. 20, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-720(b); amd. Sec. 10, Ch. 37, L. 1979; amd. Sec. 17, Ch. 440, L. 1989.  
  50-31-304. Certain drugs and devices exempt from labeling requirements of chapter. Drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this chapter, provided that such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with regulations issued by the department or under the federal act.   History: En. Sec. 15, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-715(part).  
  50-31-305. When drug or device adulterated. A drug or device shall be deemed to be adulterated if it:   (1) consists in whole or in part of any filthy, putrid, or decomposed substance;   (2) has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth or rendered injurious to health;   (3) is a drug and the methods used in or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess;   (4) is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;   (5) is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act or it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of the federal act;   (6) purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this subsection because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label.   (7) is not subject to the provisions of subsection (6) of this section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or   (8) is a drug and any substance has been:   (a) mixed or packed therewith so as to reduce its quality or strength; or   (b) substituted wholly or in part therefor.   History: En. Sec. 14, Ch. 307, L. 1967; R.C.M. 1947, 27-714; amd. Sec. 11, Ch. 37, L. 1979.  
  50-31-306. When drug or device misbranded. (1) A drug or device is considered to be misbranded:   (a) if its labeling is false or misleading in any particular;   (b) if in package form unless it bears a label containing:   (i) the name and place of business of the manufacturer, packer, or distributor, except that a prescription drug must contain the name and place of business of the manufacturer as well as the packer or distributor; and   (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variation may be permitted and exemptions as to small packages may be allowed in accordance with regulations prescribed by the department or issued under the federal act;   (c) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;   (d) if it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, Salvia divinorum, sulfonmethane, synthetic cannabinoids, or any chemical derivative of the substance that, after investigation, has been found to be and designated as habit-forming by regulations issued by the department under this chapter or by regulations issued pursuant to section 502(d) of the federal act (21 U.S.C. 352(d)), unless its label bears the name and quantity or proportion of the substance or derivative in juxtaposition to the statement "Warning--May be habit-forming";   (e) if it is a drug, unless its label bears to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula):   (i) the established name (as defined in 50-31-301) of the drug, if there is one; and   (ii) in case the drug is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained in the drug. However, the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this subsection (1)(e)(ii), applies only to prescription drugs, and to the extent that compliance with the requirements of this subsection (1)(e)(ii) is impracticable, exemptions may be allowed under regulations promulgated by the department or under the federal act.   (f) unless its labeling bears:   (i) adequate directions for use; however, if any requirement of this subsection (1)(f)(i), as applied to any drug or device, is not necessary for the protection of the public health, the department shall promulgate regulations exempting the drug or device from the requirements, and articles exempted under regulations issued under section 502(f) of the federal act (21 U.S.C. 352(f)) may also be exempt; and   (ii) adequate warnings against use in those pathological conditions or by children when its use may be dangerous to health or adequate warnings against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users;   (g) if it purports to be a drug, the name of which is recognized in an official compendium unless it is packaged and labeled as prescribed in the compendium. The method of packing may be modified with the consent of the department or if consent is obtained under the federal act. In the event of inconsistency between the requirements of this subsection (1)(g) and those of subsection (1)(e) as to the name by which the drug or its ingredients must be designated, the requirements of subsection (1)(e) prevail.   (h) if it has been found by the department or under the federal act to be a drug liable to deterioration, unless it is packaged in a form and manner and its label bears a statement of precautions that the regulations issued by the department or under the federal act require as necessary for the protection of public health. A regulation may not be established for any drug recognized in an official compendium until the department has informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and the body has failed within a reasonable time to prescribe the requirements.   (i) if it is a drug and its container is made, formed, or filled in a way that is misleading;   (j) if it is an imitation of another drug;   (k) if it is offered for sale under the name of another drug;   (l) if it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling;   (m) if it is, purports to be, or is represented as a drug composed wholly or partly of insulin, unless:   (i) it is from a batch with respect to which a certificate or release has been issued pursuant to section 506 of the federal act (21 U.S.C. 356); and   (ii) the certificate or release is in effect with respect to the drug;   (n) if it is, purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, any other antibiotic drug, or any derivative thereof unless:   (i) it is from a batch with respect to which a certificate or release has been issued pursuant to section 507 of the federal act (21 U.S.C. 357); and   (ii) the certificate or release is in effect with respect to the drug. This subsection (1)(n) does not apply to any drug or class of drugs exempted by regulations promulgated under section 507(c) or (d) of the federal act (21 U.S.C. 357(c) or (d)).   (o) if it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the provisions of 50-31-108 or of the federal act;   (p) in the case of any prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor of the drug includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of:   (i) the established name, as defined in 50-31-301;   (ii) the formula showing quantitatively each ingredient of the drug to the extent required for labels under section 502(e) of the federal act (21 U.S.C. 352(e)); and   (iii) other information in brief summary relating to side effects, contraindications, and effectiveness that is required in regulations issued under the federal act; or   (q) if a trademark, trade name, or other identifying mark, imprint, or device or another or any likeness of the foregoing has been placed on the drug or upon its container with intent to defraud.   (2) A drug that is subject to 50-31-307 is considered to be misbranded if, at any time prior to dispensing, its label fails to bear the statement "Caution: Federal Law Prohibits Dispensing Without Prescription", or "Caution: State Law Prohibits Dispensing Without Prescription". A drug to which 50-31-307 does not apply is considered to be misbranded if, at any time prior to dispensing, its label bears the caution statement quoted in the preceding sentence.   History: En. Secs. 15, 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-715(part), 27-716(d); amd. Sec. 12, Ch. 37, L. 1979; amd. Sec. 2, Ch. 403, L. 1979; amd. Sec. 214, Ch. 42, L. 1997; amd. Sec. 5, Ch. 156, L. 2011.  
  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.   History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(a); amd. Sec. 3, Ch. 472, L. 1989; amd. Sec. 130, Ch. 418, L. 1995; amd. Sec. 308, Ch. 546, L. 1995; amd. Sec. 215, Ch. 42, L. 1997; amd. Sec. 3, Ch. 125, L. 2007; amd. Sec. 1, Ch. 206, L. 2015; amd. Sec. 4, Ch. 454, L. 2021. 
  50-31-308. Prescription drugs exempt from certain provisions of chapter. (1) Any drug dispensed by filling or refilling a written, electronic, or oral prescription of a practitioner licensed by law to administer or prescribe the drug is exempt from the requirements of 50-31-306, except subsections (1)(a), (1)(j), (1)(k), (1)(m), (1)(n), and the packaging requirements of subsections (1)(g) and (1)(h), if the drug bears a label containing:   (a) the name and address of the dispenser;   (b) the serial number and date of the prescription or the date it was filled;   (c) the name of the prescriber; and   (d) if stated in the prescription, the name of the patient and the directions for use and cautionary statements, if any, contained in the prescription.   (2) This exemption does not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail or to a drug dispensed in violation of 50-31-307.   History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(b); amd. Sec. 2, Ch. 206, L. 2015.  
  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.   History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(c).  
  50-31-310. Narcotic and marijuana laws not affected. Nothing in 50-31-306(2), 50-31-307, 50-31-308, or 50-31-309 shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now included or which may hereafter be included within the classifications of narcotic drugs, marijuana, or synthetic cannabinoids, as defined in the applicable federal and state laws relating to narcotic drugs, marijuana, and synthetic cannabinoids.   History: En. Sec. 16, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-716(e); amd. Sec. 6, Ch. 156, L. 2011.  
  50-31-311. New drug application required. (1) Except as provided in Title 50, chapter 42, a person may not sell, deliver, offer for sale, hold for sale, or give away any new drug unless:   (a) an application with respect to the drug has been approved and the approval has not been withdrawn under section 505 of the federal act (21 U.S.C. 355); or   (b) when not subject to the federal act, the drug has been tested and has been found to be safe for use and effective in use under the conditions prescribed, recommended, or suggested in the labeling of the drug and, prior to selling or offering for sale the drug, there has been filed with the department an application setting forth:   (i) full reports of investigations that have been made to show whether or not the drug is safe for use and whether the drug is effective in use;   (ii) a full list of the articles used as components of the drug;   (iii) a full statement of the composition of the drug;   (iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug;   (v) samples of the drug and of the articles used as components of the drug that the department may require; and   (vi) specimens of the labeling proposed to be used for the drug.   (2) An application provided for in subsection (1)(b) becomes effective on the 180th day after the filing of the application. However, if the department finds, after due notice to the applicant and giving the applicant an opportunity for a hearing, that the drug is not safe or not effective for use under the conditions prescribed, recommended, or suggested in the proposed labeling of the drug, the department shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.   (3) An order refusing to permit an application under this section to become effective may be revoked by the department.   History: En. Sec. 17, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-717(a) thru (c); amd. Sec. 1, Ch. 333, L. 1981; amd. Sec. 216, Ch. 42, L. 1997.  
  50-31-312. Exemptions from new drug application requirement. (1) Section 50-31-311 does not apply to:   (a) a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs, provided the drug is plainly labeled in compliance with regulations issued by the department or pursuant to section 505(i) or 507(d) of the federal act (21 U.S.C. 355(i) or 357(d));   (b) a drug sold in this state at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the federal act;   (c) any drug that is manufactured by an establishment licensed under 42 U.S.C. 262; or   (d) any drug that is subject to 50-31-306(1)(n).   (2) The provisions of 50-31-103(24) do not apply to any drug, when the drug is intended solely for use under conditions prescribed, recommended, or suggested in labeling with respect to the drug, that on October 9, 1962, or on the date immediately preceding July 1, 1967:   (a) was commercially sold or used in this state or in the United States;   (b) was not a new drug as defined by 50-31-103(24) as then in force; and   (c) was not covered by an effective application under 50-31-311 or under section 505 of the federal act (21 U.S.C. 355).   History: En. Sec. 17, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-717(d), (e); amd. Sec. 2, Ch. 456, L. 1979; amd. Sec. 7, Ch. 169, L. 1989; amd. Sec. 217, Ch. 42, L. 1997; amd. Sec. 4, Ch. 373, L. 2003; amd. Sec. 5, Ch. 186, L. 2019.  
  50-31-313. Code imprint required on legend drugs. No legend drug in solid dosage form may be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug.   History: En. Sec. 2, Ch. 95, L. 1981.  
  50-31-314. Exemptions from code imprint requirement. The board of pharmacy may grant exemptions from the requirements of 50-31-313 and 50-31-315 upon a showing by a drug manufacturer or distributor that size, physical characteristics, or other compelling reasons render application of a code imprint on a legend drug subject to the provisions of 50-31-313 impractical or impossible. Any exemption granted must be included in the list required by 50-31-315 and must describe the physical characteristics and type of drug covered by the exemption.   History: En. Sec. 3, Ch. 95, L. 1981; amd. Sec. 1, Ch. 247, L. 1983.  
  50-31-315. List of code imprints to be provided. Upon request of the board of pharmacy, all manufacturers and distributors of legend drugs in solid dosage form who produce or distribute legend drugs in Montana must provide and keep current a list of those drugs, which list identifies the manufacturer and the specific type of each drug by code imprint.   History: En. Sec. 4, Ch. 95, L. 1981; amd. Sec. 1, Ch. 247, L. 1983.  
  50-31-401. When cosmetic adulterated. A cosmetic shall be deemed to be adulterated if:   (1) it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;   (2) it consists in whole or in part of any filthy, putrid, or decomposed substance;   (3) it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;   (4) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;   (5) it is not a hair dye and it is or it bears or contains a color additive which is unsafe within the meaning of the federal act.   History: En. Sec. 18, Ch. 307, L. 1967; R.C.M. 1947, 27-718(part).  
  50-31-402. When cosmetic misbranded. A cosmetic shall be deemed to be misbranded if:   (1) its labeling is false or misleading in any particular;   (2) in package form unless it bears a label containing:   (a) the name and place of business of the manufacturer, packer, or distributor; and   (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department;   (3) any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;   (4) its container is so made, formed, or filled as to be misleading;   (5) it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.   History: En. Sec. 19, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-719(part).  
  50-31-403. Exceptions for hair dyes. (1) Section 50-31-401 shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution--This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing.   (2) Section 50-31-402(5) shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in 50-31-404).   History: (1)En. Sec. 18, Ch. 307, L. 1967; Sec. 27-718, R.C.M. 1947; (2)En. Sec. 19, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 27-719, R.C.M. 1947; R.C.M. 1947, 27-718(part), 27-719(part).  
  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.   History: En. Sec. 18, Ch. 307, L. 1967; R.C.M. 1947, 27-718(part).  
  50-31-501. Prohibited acts. The following acts and the causing of the acts within the state of Montana are prohibited:   (1) the manufacture, sale or delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;   (2) the adulteration or misbranding of any food, drug, device, or cosmetic;   (3) the receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery of any food, drug, device, or cosmetic for pay or otherwise;   (4) the sale, delivery for sale, holding for sale, or offering for sale of any article in violation of 50-31-311;   (5) the dissemination of any false advertisement;   (6) the refusal to permit entry or inspection or to permit the taking of a sample, as authorized by 50-31-106;   (7) the giving of a guaranty or undertaking if the guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking signed by and containing the name and address of a person residing in the state of Montana and from whom the person received in good faith the food, drug, device, or cosmetic;   (8) the removal or disposal of a detained or embargoed article in violation of 50-31-509;   (9) the alteration, mutilation, destruction, obliteration, or commission of any other act with respect to a food, drug, device, or cosmetic or the removal, in whole or in part, of the labeling of a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article being adulterated or misbranded;   (10) forging, counterfeiting, simulating, or falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or federal act;   (11) using on the labeling of any drug or in any advertisement relating to the drug any representation or suggestion that an application with respect to the drug is effective under 50-31-311 or that the drug complies with the provisions of 50-31-311;   (12) in the case of a prescription drug distributed or offered for sale in this state, the failure of the manufacturer, packer, or distributor to maintain for transmittal or to transmit to any practitioner, licensed by applicable law to administer the drug and who makes written request for information as to the drug, true and correct copies of all printed matter that is required to be included in any package in which that drug is distributed or sold or other printed matter as is approved under the federal act. This subsection does not exempt any person from any labeling requirement imposed by or under other provisions of this chapter.   (13) placing or causing to be placed upon any drug, device, or container of a drug or device, with intent to defraud, the trade name, other identifying mark, or imprint of another or any likeness of the name, mark, or imprint;   (14) selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container of the drug or device with knowledge that the trade name, other identifying mark, or imprint of another or any likeness of any of the foregoing has been placed on the drug, device, or container in a manner prohibited by subsection (13);   (15) making, selling, disposing of, or causing to be made, sold, or disposed of or keeping in possession, control, or custody or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce a trade name, other identifying mark, or imprint of another or any likeness of the name, mark, or imprint upon any drug, device, or container of the drug or device;   (16) the using by any person to the person's own advantage or revealing, other than to officers or employees of the department or the courts when relevant in any judicial proceeding under this chapter, any information acquired under authority of this chapter concerning any method or process that as a trade secret is entitled to protection;   (17) the distribution in commerce of a consumer commodity if the commodity is contained in a package or if there is affixed to that commodity a label that does not conform to the provisions of this chapter and of regulations promulgated under authority of this chapter. This prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that the persons:   (a) are engaged in the packaging or labeling of the commodities; or   (b) prescribe or specify by any means the manner in which the commodities are packaged or labeled.   (18) the labeling or packaging of a food, drug, device, or cosmetic that fails to conform with the requirements of this chapter.   History: En. Sec. 3, Ch. 307, L. 1967; amd. Sec. 2, Ch. 171, L. 1971; amd. Sec. 2, Ch. 114, L. 1974; amd. Sec. 9, Ch. 403, L. 1977; R.C.M. 1947, 27-703(1) thru (16); amd. Sec. 309, Ch. 546, L. 1995; amd. Sec. 5, Ch. 373, L. 2003.  
  50-31-502. Unlawful labeling of products resembling honey. It is unlawful for any person to sell or offer for sale any product which is in semblance of honey and which is labeled, advertised, or otherwise represented to be honey if it is not honey.   History: En. Sec. 3, Ch. 307, L. 1967; amd. Sec. 2, Ch. 171, L. 1971; amd. Sec. 2, Ch. 114, L. 1974; amd. Sec. 9, Ch. 403, L. 1977; R.C.M. 1947, 27-703(part).  
  50-31-503. Prosecution of minor violations not required. Nothing in this chapter shall be construed as requiring the department to report for the institution of proceedings under this chapter minor violations of this chapter whenever the department believes that the public interest will be adequately served in the circumstances by a suitable written notice of warning.   History: En. Sec. 8, Ch. 307, L. 1967; R.C.M. 1947, 27-708.  
  50-31-504. Notice and hearing required prior to prosecution. Before a violation of this chapter is reported to a state or county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department or its designated agent, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.   History: En. Sec. 7, Ch. 307, L. 1967; amd. Sec. 2, Ch. 187, L. 1977; R.C.M. 1947, 27-707(part); amd. Sec. 1843, Ch. 56, L. 2009.  
  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.   History: En. Sec. 7, Ch. 307, L. 1967; amd. Sec. 2, Ch. 187, L. 1977; R.C.M. 1947, 27-707(part).  
  50-31-506. Penalties. (1) Any person who violates any of the provisions of 50-31-204, 50-31-208, 50-31-313, 50-31-315, 50-31-501, or 50-31-502 is guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than 3 months, a fine of not more than $250, or both such imprisonment and fine.   (2) If the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than 6 months, a fine of not more than $500, or both such imprisonment and fine.   History: En. Sec. 5, Ch. 307, L. 1967; R.C.M. 1947, 27-705(a); amd. Sec. 3, Ch. 456, L. 1979; amd. Sec. 5, Ch. 95, L. 1981.  
  50-31-507. Exceptions to penalties. (1) A person is not subject to the penalties of 50-31-506 for having violated 50-31-501(1) or (3) if the person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state of Montana from whom the person received in good faith the article to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.   (2) The publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is not liable under 50-31-506 by reason of the dissemination by the person of the false advertisement, unless the person has refused, on the request of the department, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the state of Montana who causes the person to disseminate the advertisement.   History: En. Sec. 5, Ch. 307, L. 1967; R.C.M. 1947, 27-705(b), (c); amd. Sec. 1844, Ch. 56, L. 2009.  
  50-31-508. Injunction to restrain prohibited acts. In addition to the remedies hereinafter provided, the department is hereby authorized to apply to district court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-31-204, 50-31-208, 50-31-501, or 50-31-502, irrespective of whether or not there exists an adequate remedy at law.   History: En. Sec. 4, Ch. 307, L. 1967; R.C.M. 1947, 27-704; amd. Sec. 4, Ch. 456, L. 1979.  
  50-31-509. Detainer of adulterated or misbranded articles. (1) If an agent of the department finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected of being adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for a person to remove or dispose of a detained or embargoed article by sale or otherwise without permission. The owner of an embargoed article or another authorized person and the department may enter into a disposal agreement providing for the disposal, reconditioning, or other disposition of the embargoed article. If an agreement is executed or if the embargo is otherwise removed by the department or the court, neither the department nor the state may be held liable for damages caused by the embargo provided that probable cause existed for its imposition.   (2) If an article detained or embargoed under subsection (1) is found by the agent to be adulterated or misbranded and a disposal agreement is not executed as provided in subsection (1), the agent shall petition the justice of the peace, city judge, or district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of the article. If the agent finds that an article detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking.   (3) If the court finds that a detained or embargoed article is adulterated or misbranded, the article must, after entry of the decree, be destroyed at the expense of the claimant of the article under the supervision of the agent and all court costs and fees and storage and other proper expenses must be taxed against the claimant of the article or the claimant's agent.   (4) If the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after the costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be labeled or processed, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the department. The expense of the supervision must be paid by claimant. The article must be returned to the claimant on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of the supervision have been paid.   History: En. Sec. 6, Ch. 307, L. 1967; amd. Sec. 1, Ch. 187, L. 1977; R.C.M. 1947, 27-706(1) thru (3); amd. Sec. 1, Ch. 158, L. 1981; amd. Sec. 1845, Ch. 56, L. 2009.  
  50-31-510. Condemnation of perishables. Whenever the department or any of its authorized agents find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable article which is unsound or contains any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the article being hereby declared to be a nuisance, the department or its authorized agent shall immediately condemn or destroy the article or in any other manner render the article unsalable as human food.   History: En. Sec. 6, Ch. 307, L. 1967; amd. Sec. 1, Ch. 187, L. 1977; R.C.M. 1947, 27-706(4).  
  50-32-101. Definitions. As used in this chapter, the following definitions apply:   (1) "Administer" means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:   (a) a practitioner or by the practitioner's authorized agent; or   (b) the patient or research subject at the direction and in the presence of the practitioner.   (2) (a) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.   (b) The term does not include a common or contract carrier, public warehouse operator, or employee of the carrier or warehouse operator.   (3) "Board" means the board of pharmacy provided for in 2-15-1733.   (4) "Bureau" means the drug enforcement administration, United States department of justice, or its successor agency.   (5) "Counterfeit substance" means a dangerous drug or the container or labeling of a dangerous drug without authorization that bears the trademark, trade name, or other identifying mark, imprint, number, or device or a likeness of an identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the drug.   (6) "Dangerous drug" means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2.   (7) (a) "Dangerous drug analogue" means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.   (b) The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.   (8) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship.   (9) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.   (10) "Dispense" means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery.   (11) "Dispenser" means a practitioner who dispenses.   (12) "Distribute" means to deliver other than by administering or dispensing a dangerous drug.   (13) "Distributor" means a person who distributes.   (14) "Drug" has the same meaning as provided in 37-7-101.   (15) "Hashish", as distinguished from marijuana, means the mechanically processed or extracted plant material that contains tetrahydrocannabinol (THC) and is composed of resin from the cannabis plant.   (16) "Immediate precursor" means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture.   (17) (a) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container.   (b) Manufacture does not include the preparation or compounding of a dangerous drug by an individual for personal use or the preparation, compounding, packaging, or labeling of a dangerous drug:   (i) by a practitioner as an incident to the administering or dispensing of a dangerous drug in the course of a professional practice; or   (ii) by a practitioner or the practitioner's authorized agent under the practitioner's supervision for the purpose of or as an incident to research, teaching, or chemical analysis and not for sale.   (18) "Marijuana (marihuana)" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.   (19) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:   (a) opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;   (b) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;   (c) opium poppy and poppy straw; or   (d) coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.   (20) "Opiate" means a drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term does not include, unless specifically designated as a dangerous drug under 50-32-202, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term does include its racemic and levorotatory forms.   (21) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.   (22) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.   (23) "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing.   (24) "Practitioner" means:   (a) a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;   (b) a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and   (c) a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state.   (25) "Prescription" means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. These stipulations apply to written, electronically transmitted, and telephoned prescriptions.   (26) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter.   (27) "State", when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America.   (28) "Ultimate user" means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household.   History: En. Sec. 1, Ch. 412, L. 1973; amd. Sec. 1, Ch. 350, L. 1974; amd. Sec. 1, Ch. 382, L. 1975; amd. Sec. 6, Ch. 187, L. 1977; R.C.M. 1947, 54-301; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 12, Ch. 379, L. 1981; amd. Sec. 1, Ch. 155, L. 1983; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 1, Ch. 198, L. 1995; amd. Sec. 15, Ch. 388, L. 2001; amd. Sec. 158, Ch. 483, L. 2001; amd. Sec. 5, Ch. 135, L. 2013.  
  50-32-102. Uniformity of construction. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those other states which enact it.   History: En. Sec. 28, Ch. 412, L. 1973; R.C.M. 1947, 54-326.  
  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.   History: En. Secs. 2, 15, Ch. 412, L. 1973; amd. Secs. 2, 5, Ch. 350, L. 1974; R.C.M. 1947, 54-302(part), 54-315.  
  50-32-104. Board's authority limited. Authority to control under 50-32-103 does not extend to distilled spirits, liquor, wine, malt beverages, beer, porter, ale, stout, or tobacco.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(5).  
  50-32-105. Board to conduct educational programs. (1) The board shall carry out educational programs designed to prevent and deter misuse and abuse of dangerous drugs.   (2) In connection with these programs, it may:   (a) promote better recognition of the problems of misuse and abuse of dangerous drugs within the regulated industry and among interested groups and organizations;   (b) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of dangerous drugs;   (c) consult with interested groups and organizations to aid them in solving administrative and organizational problems;   (d) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of dangerous drugs;   (e) disseminate the results of research on misuse and abuse of dangerous drugs to promote a better public understanding of what problems exist and what can be done to combat them; and   (f) assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of dangerous drugs.   History: En. Sec. 23, Ch. 412, L. 1973; amd. Sec. 11, Ch. 350, L. 1974; R.C.M. 1947, 54-323(1).  
  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.   History: En. Sec. 23, Ch. 412, L. 1973; amd. Sec. 11, Ch. 350, L. 1974; R.C.M. 1947, 54-323(2) thru (4).  
  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.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(part).  
  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.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(2).  
  50-32-203. Effect of rescheduling under federal law. If any drug is designated, rescheduled, or deleted as a "controlled substance" under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a "controlled substance" or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall cause the reasons for objection to be published and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall publish the board's decision which shall be final unless altered thereafter by the board or by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board's decision is published.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(4).  
  50-32-204. Immediate precursors. If the board designates a drug as an immediate precursor, drugs which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(3).  
  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.   History: En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(6); amd. Sec. 5, Ch. 472, L. 1989; amd. Sec. 1, Ch. 61, L. 2009.  
  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.   History: En. Sec. 3, Ch. 412, L. 1973; amd. Sec. 3, Ch. 350, L. 1974; R.C.M. 1947, 54-303.  
  50-32-207. Order forms for drugs in Schedules I and II. Dangerous drugs in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section unless the board prescribes particular forms to be used.   History: En. Sec. 21, Ch. 412, L. 1973; R.C.M. 1947, 54-321.  
  50-32-208. Prescription and medical requirements for scheduled drugs -- penalty. (1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner.   (b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner's oral prescription reduced promptly to writing and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of 50-32-309. A prescription for a Schedule II drug may not be refilled.   (2) A dangerous drug included in Schedule III or IV, which is a prescription drug as determined under the federal or Montana food, drug, and cosmetic acts, may not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription may not be filled or refilled more than 6 months after the date of the prescription or be refilled more than five times unless renewed by the practitioner.   (3) A dangerous drug included in Schedule V may not be distributed or dispensed other than for a medical purpose.   (4) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction may be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both fined and imprisoned.   History: En. Sec. 22, Ch. 412, L. 1973; amd. Sec. 10, Ch. 350, L. 1974; R.C.M. 1947, 54-322; amd. Sec. 13, Ch. 37, L. 1979; amd. Sec. 13, Ch. 379, L. 1981; amd. Sec. 3, Ch. 206, L. 2015.  
  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.   History: En. Sec. 14, Ch. 412, L. 1973; amd. Sec. 4, Ch. 350, L. 1974; R.C.M. 1947, 54-314; amd. Sec. 14, Ch. 379, L. 1981; amd. Sec. 1, Ch. 113, L. 1997.  
  50-32-210 through 50-32-220 reserved.  
  50-32-221. Criteria for placement of drug in Schedule I. The board shall place a drug in Schedule I if it finds that the drug:   (1) has high potential for abuse; and   (2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.   History: En. Sec. 4, Ch. 412, L. 1973; R.C.M. 1947, 54-304.  
  50-32-222. Specific dangerous drugs included in Schedule I. Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.   (1) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:   (a) acetyl-alpha-methylfentanyl, also known as N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide;   (b) acetylmethadol, also known as 4-(dimethylamino)-1-ethyl-2,2-diphenylpentyl acetate or methadyl acetate;   (c) allylprodine, also known as 1-methyl-4-phenyl-3-(prop-2-en-1-yl)piperidin-4-yl propanoate;   (d) alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;   (e) alphameprodine;   (f) alphamethadol;   (g) alpha-methylfentanyl, also known as (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);   (h) alpha-methylthiofentanyl, also known as N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide;   (i) benzethidine;   (j) betacetylmethadol;   (k) beta-hydroxyfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide;   (l) beta-hydroxy-3-methylfentanyl, also known as N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;   (m) betameprodine;   (n) betamethadol;   (o) betaprodine;   (p) clonitazene;   (q) dextromoramide;   (r) diampromide;   (s) diethylthiambutene;   (t) difenoxin;   (u) dimenoxadol;   (v) dimepheptanol;   (w) dimethylthiambutene;   (x) dioxaphetyl butyrate;   (y) dipipanone;   (z) ethylmethylthiambutene;   (aa) etonitazene;   (bb) etoxeridine;   (cc) furethidine;   (dd) hydroxypethidine;   (ee) ketobemidone;   (ff) levomoramide;   (gg) levophenacylmorphan;   (hh) 3-methylfentanyl, also known as N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide;   (ii) 3-methylthiofentanyl, also known as N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide;   (jj) morpheridine;   (kk) MPPP, also known as desmethylprodine and (1-methyl-4-phenyl-4-propionoxypiperidine);   (ll) noracymethadol;   (mm) norlevorphanol;   (nn) normethadone;   (oo) norpipanone;   (pp) para-fluorofentanyl, also known as N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;   (qq) PEPAP, also known as (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);   (rr) phenadoxone;   (ss) phenampromide;   (tt) phenomorphan;   (uu) phenoperidine;   (vv) piritramide;   (ww) proheptazine;   (xx) properidine;   (yy) propiram;   (zz) racemoramide;   (aaa) thiofentanyl, also known as N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;   (bbb) tilidine; and   (ccc) trimeperidine.   (2) For the purposes of subsection (1)(hh), the term "isomer" includes the optical, positional, and geometric isomers.   (3) Opium derivatives. Unless specifically excepted or listed in another schedule, any of the following are opium derivatives, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) acetorphine;   (b) acetyldihydrocodeine;   (c) benzylmorphine;   (d) codeine methylbromide;   (e) codeine-N-oxide;   (f) cyprenorphine;   (g) desomorphine;   (h) dihydromorphine;   (i) drotebanol;   (j) etorphine, except hydrochloride salt;   (k) heroin;   (l) hydromorphinol;   (m) methyldesorphine;   (n) methyldihydromorphine;   (o) morphine methylbromide;   (p) morphine methylsulfonate;   (q) morphine-N-oxide;   (r) myrophine;   (s) nicocodeine;   (t) nicomorphine;   (u) normorphine;   (v) pholcodine; and   (w) thebacon.   (4) Hallucinogenic substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following is a hallucinogenic substance, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) alpha-ethyltryptamine, also known as etryptamine, monase, alpha-ethyl-1H-indole-3-ethanamine, 3-(2-aminobutyl) indole, alpha-ET, and AET;   (b) alpha-methyltryptamine, also known as AMT;   (c) 4-bromo-2,5-dimethoxyamphetamine, also known as 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine, and 4-bromo-2,5-DMA;   (d) 4-bromo-2,5-dimethoxyphenethylamine, also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl DOB, and 2C-B, Nexus;   (e) 2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-alpha-methylphenethylamine and 2,5-DMA;   (f) 2,5-dimethoxy-4-(N)-propylthiophenethylamine, also known as 2C-T-7;   (g) 3,4-methylenedioxyamphetamine;   (h) 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;   (i) 5-methoxy-N,N-diisopropyltryptamine, also known as 5-MeO-DIPT;   (j) 5-methoxy-N,N-dimethyltryptamine, also known as 5-MeO-DMT;   (k) 4-methoxyamphetamine, also known as 4-methoxy-alpha-methylphenethylamine;   (l) 5-methoxy-3,4-methylenedioxyamphetamine;   (m) 4-methyl-2,5-dimethoxyamphetamine, also known as 4-methyl-2, 5-dimethoxy-alpha-methylphenethylamine, DOM, and STP;   (n) 3,4-methylenedioxymethamphetamine, also known as MDMA;   (o) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA;   (p) N-hydroxy-3,4-methylenedioxyamphetamine, also known as N-hydroxy-alpha-methyl-3,4 (methylenedioxy)phenethylamine and N-hydroxy MDA;   (q) 3,4,5-trimethoxyamphetamine;   (r) bufotenine, also known as 3-(beta-dimethylaminoethyl)-5-hydroxyindole, 3-(2-dimethylaminoethyl)-5-indolol, N,N-dimethylserotonin, 5-hydroxy-N,N-dimethyltryptamine, and mappine;   (s) diethyltryptamine, also known as N,N-diethyltryptamine and DET;   (t) dimethyltryptamine, also known as DMT;   (u) hashish;   (v) ibogaine, also known as 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepine [5,4-b] indole and tabernanthe iboga;   (w) lysergic acid diethylamide, also known as LSD;   (x) marijuana;   (y) mescaline;   (z) parahexyl, also known as 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,8,9-trimethyl-6H-dibenzo[b,d]pyran and synhexyl;   (aa) peyote, meaning all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not; the seed of the plant; any extract from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or extracts;   (bb) N-ethyl-3-piperidyl benzilate;   (cc) N-methyl-3-piperidyl benzilate;   (dd) psilocybin;   (ee) psilocyn;   (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:   (i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;   (ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and   (iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;   (gg) ethylamine analog of phencyclidine, also known as N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, and PCE;   (hh) pyrrolidine analog of phencyclidine, also known as 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, and PHP;   (ii) thiophene analog of phencyclidine, also known as 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, and TCP;   (jj) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, also known as TCPy;   (kk) synthetic cannabinoids, including:   (i) unless specifically excepted or listed in another schedule, any chemical compound chemically synthesized from or structurally similar to any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found in any of the following chemical groups, or any of those groups that contain synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic cannabinoid chemical analogs in the following groups:   (A) naphthoylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;   (B) naphthylmethylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;   (C) naphthoylpyrroles, whether or not substituted in the pyrrole ring to any extent or the naphthyl ring to any extent;   (D) naphthylmethylindenes, whether or not substituted in the indene ring to any extent or the naphthyl ring to any extent;   (E) acetylindoles, whether or not substituted in the indole ring to any extent or the acetyl group to any extent;   (F) cyclohexylphenols, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent;   (G) dibenzopyrans, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent; and   (H) benzoylindoles, whether or not substituted in the indole ring to any extent or the phenyl ring to any extent;   (ii) any compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors;   (iii) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);   (iv) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);   (v) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (also known as CP-47,497), and the dimethylhexyl, dimethyloctyl, and dimethylnonyl homologues of CP-47,497;   (vi) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073);   (vii) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);   (viii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);   (ix) 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019);   (x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398);   (xi) JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, also known as 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;   (xii) the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives:   (A) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone (also known as WIN-55,212-2);   (B) 3-dimethylheptyl-11-hydroxyhexahydrocannabinol (also known as HU-243); or   (C) [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin- 1-yl]acetate;   (ll) Salvia divinorum, also known as salvinorin A (2S,4aR,6aR,7R,9S,10aS,10bR)-9- (acetyloxy)-2-(3-furanyl)dodecahydro-6a,10b-dimethyl-4, 10-dioxo-2H-naphtho[2,1-c] pyran-7-carboxylic acid methyl ester;   (mm) substituted cathinones, including any compound, except bupropion or compounds listed in another schedule, structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:   (i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;   (ii) by substitution at the 3-position with an alkyl substituent;   (iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and   (iv) any lengthening of the propanone chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not;   (nn) any compound not listed in this code, in an administrative rule regulating controlled substances or approved for use by the United States food and drug administration that is structurally derived from 2-amino-1-phenyl-1-propane by modification in any of the following ways:   (i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;   (ii) by substitution at the 3-position with an alkyl substituent;   (iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and   (iv) any lengthening of the propane chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not.   (5) (a) For the purposes of subsection (4), the term "isomer" includes the optical, positional, and geometric isomers.   (b) Subsection (4)(kk) does not apply to synthetic cannabinoids approved by the United States food and drug administration and obtained by a lawful prescription through a licensed pharmacy. The department of public health and human services shall adopt a rule listing the approved cannabinoids and shall update the rule as necessary to keep the list current.   (6) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) gamma-hydroxybutyric acid, also known as gamma-hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, sodium oxybutyrate, and GHB;   (b) mecloqualone; and   (c) methaqualone.   (7) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:   (a) aminorex, also known as aminoxaphen, 2-amino-5-phenyl-2-oxazoline, and 4,5-dihydro-5-phenyl-2-oxazolamine;   (b) cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;   (c) fenethylline;   (d) methcathinone, also known as 2-(methylamino)-propiophenone, alpha-(methylamino)propiophenone, 2-(methylamino)-1-phenylpropan-1-one, alpha-N-methylaminopropiophenone, monomethylpropion, ephedrone, N-methylcathinone, methylcathinone, AL-464, AL-422, AL-463, and UR1432, including its salts, optical isomers, and salts of optical isomers;   (e) 4-Methylaminorex (cis isomer), also known as U4Euh, McN-422;   (f) (levo-dextro) cis-4-methylaminorex, also known as (levo-dextro) cis-4, 5-dihydro-4-methyl-5-phenyl-2-oxazolamine;   (g) N-benzylpiperazine, also known as 1-benzylpiperazine or BZP;   (h) N-ethylamphetamine; and   (i) N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzeneethanamine and N,N-alpha-trimethylphenethylamine.   (8) Substances subject to emergency scheduling. Any material, compound, mixture, or preparation that contains any quantity of the following substances is included in this category:   (a) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts, and salts of isomers); and   (b) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers).   (9) If prescription or administration is authorized by the Federal Food, Drug and Cosmetic Act, then any material, compound, mixture, or preparation containing tetrahydrocannabinols listed in subsection (4) must automatically be rescheduled from Schedule I to the same schedule it is placed in by the United States drug enforcement administration.   (10) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 50-32-101 as a dangerous drug analogue.   History: En. Sec. 5, Ch. 412, L. 1973; R.C.M. 1947, 54-305; amd. Sec. 1, Ch. 320, L. 1979; amd. Sec. 1, Ch. 141, L. 1983; amd. Sec. 1, Ch. 36, L. 1991; amd. Sec. 2, Ch. 113, L. 1997; amd. Sec. 7, Ch. 156, L. 2011; amd. Sec. 6, Ch. 135, L. 2013; amd. Sec. 29, Ch. 3, L. 2019; amd. Sec. 1, Ch. 134, L. 2019.  
  50-32-223. Criteria for placement of drug in Schedule II. The board shall place a drug in Schedule II if it finds that:   (1) the drug has high potential for abuse;   (2) the drug has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and   (3) the abuse of the drug may lead to severe psychic or physical dependence.   History: En. Sec. 6, Ch. 412, L. 1973; R.C.M. 1947, 54-306.  
  50-32-224. Specific dangerous drugs included in Schedule II. Schedule II consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.   (1) Substances, vegetable origin or chemical synthesis. Unless specifically excepted or listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, are included in this category:   (a) opium and opiate and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, naltrexone, and naloxegol and their respective salts, but including the following:   (i) raw opium;   (ii) opium extracts;   (iii) opium fluid;   (iv) powdered opium;   (v) granulated opium;   (vi) tincture of opium;   (vii) codeine;   (viii) dihydroetorphine;   (ix) ethylmorphine;   (x) etorphine hydrochloride;   (xi) hydrocodone;   (xii) hydromorphone;   (xiii) metopon;   (xiv) morphine;   (xv) oripavine;   (xvi) oxycodone;   (xvii) oxymorphone; and   (xviii) thebaine;   (b) any salt, compound, derivative, or preparation of them that is chemically equivalent or identical with any of the substances referred to in subsection (1)(a), except that these substances do not include the isoquinoline alkaloids of opium;   (c) opium poppy and poppy straw;   (d) coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers, and derivatives, and any salt, compound, derivative, or preparation of them that is chemically equivalent or identical with any of these substances, except that these substances do not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and   (e) concentrate of poppy straw, the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy.   (2) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:   (a) alfentanil;   (b) alphaprodine;   (c) anileridine;   (d) bezitramide;   (e) bulk dextropropoxyphene (nondosage forms);   (f) carfentanil;   (g) dihydrocodeine;   (h) diphenoxylate;   (i) fentanyl;   (j) isomethadone;   (k) levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM;   (l) levomethorphan;   (m) levorphanol;   (n) metazocine;   (o) methadone;   (p) methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;   (q) moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;   (r) pethidine, also known as meperidine;   (s) pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;   (t) pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;   (u) pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;   (v) phenazocine;   (w) piminodine;   (x) racemethorphan;   (y) racemorphan;   (z) remifentanil;   (aa) sufentanil;   (bb) tapentadol; and   (cc) thiafentanil.   (3) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system:   (a) amphetamine, its salts, optical isomers, and salts of its optical isomers;   (b) phenmetrazine and its salts;   (c) lisdexamfetamine, its salts, isomers, and salts of its isomers;   (d) methamphetamine, its salts, isomers, and salts of its isomers; and   (e) methylphenidate.   (4) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) amobarbital;   (b) glutethimide;   (c) pentobarbital;   (d) phencyclidine; and   (e) secobarbital.   (5) Hallucinogenic substances include the following:   (a) dronabinol in oral solution in a drug product approved for marketing by the United States food and drug administration;   (b) nabilone, also known as (levo-dextro)-trans-3-(1, 1-dimethylheptyl)-6,6-alpha,7,8,10,10-alpha-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b, d] pyran-9-one.   (6) Immediate precursors. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is an immediate precursor:   (a) 4-Anilino-N-phenethyl-4-piperidine (ANPP);   (b) phenylacetone, an immediate precursor to amphetamine and methamphetamine, also known as phenyl-2-propanone, P2P, benzyl methyl ketone, and methyl benzyl ketone; and   (c) 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile (PCC), immediate precursors to phencyclidine (PCP).   History: En. Sec. 7, Ch. 412, L. 1973; R.C.M. 1947, 54-307; amd. Sec. 2, Ch. 141, L. 1983; amd. Sec. 2, Ch. 36, L. 1991; amd. Sec. 3, Ch. 113, L. 1997; amd. Sec. 7, Ch. 135, L. 2013; amd. Sec. 2, Ch. 134, L. 2019.  
  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.   History: En. Sec. 8, Ch. 412, L. 1973; R.C.M. 1947, 54-308.  
  50-32-226. Specific dangerous drugs included in Schedule III. Schedule III consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.   (1) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including salts, isomers (whether optical, position, or geometric), and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) benzphetamine;   (b) chlorphentermine;   (c) clortermine; and   (d) phendimetrazine.   (2) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system:   (a) any compound, mixture, or preparation containing amobarbital, secobarbital, or pentobarbital or any salt of any of these drugs and one or more other active medicinal ingredients that are not listed in any schedule;   (b) any suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any salt of any of these drugs approved by the United States food and drug administration for marketing only as a suppository;   (c) any substance that contains any quantity of a derivative of barbituric acid or any salt of barbituric acid;   (d) aprobarbital;   (e) butabarbital, also known as secbutabarbital;   (f) butalbital;   (g) butobarbital, also known as butethal;   (h) chlorhexadol;   (i) embutramide;   (j) gamma hydroxybutyric acid preparations;   (k) ketamine, its salts, isomers, and salts of its isomers, also known as ()-2-(2-chlorophenyl)-2- (methylamino)cyclohexanone;   (l) lysergic acid;   (m) lysergic acid amide;   (n) methyprylon;   (o) sulfondiethylmethane;   (p) sulfonethylmethane;   (q) sulfonmethane;   (r) talbutal;   (s) tiletamine and zolazepam or any of their salts. A trade or other name for a tiletamine-zolazepam combination product is telazol. A trade or other name for tiletamine is 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. A trade or other name for zolazepam is 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon.   (t) thiamylal;   (u) thiopental; and   (v) vinbarbital.   (3) Nalorphine.   (4) Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any of the following is a narcotic drug, including its salts calculated as the free anhydrous base or alkaloid in the following limited quantities:   (a) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;   (b) not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;   (c) not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;   (d) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;   (e) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;   (f) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; or   (g) any material, compound, mixture, or preparation containing buprenorphine.   (5) Anabolic steroids. The term "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances is an anabolic steroid, including salts, isomers, and salts of isomers whenever the existence of those salts of isomers is possible within the specific chemical designation:   (a) androstanedione, also known as 5-alpha-androstan-3,17-dione;   (b) 1-androstenediol, also known as 3-beta,17-beta-dihydroxy-5-alpha-androst-1-ene; or 3-alpha, 17-beta-dihydroxy-5-alpha-androst-1-ene;   (c) 1-androstenedione, also known as 5-alpha-androst-1-en-3,17-dione;   (d) 3-alpha,17-beta-dihydroxy-5-alpha-androstane;   (e) 3-beta,17-beta-dihydroxy-5-alpha-androstane;   (f) 4-androstenediol, also known as 3-beta,17-beta-dihydroxy-androst-4-ene;   (g) 4-androstenedione, also known as androst-4-en-3,17-dione;   (h) 4-dihydrotestosterone, also known as 17-beta-hydroxyandrostan-3-one;   (i) 4-hydroxy-19-nortestosterone, also known as 4,17-beta-dihydroxy-estr-4-en-3-one;   (j) 4-hydroxytestosterone, 4,17-beta-dihydroxy-androst-4-en-3-one;   (k) 5-androstenediol, also known as 3-beta,17-beta-dihydroxy-androst-5-ene;   (l) 5-androstenedione, also known as androst-5-en-3,17-dione;   (m) 13-beta-ethyl-17-beta-hydroxygon-4-en-3-one;   (n) 17-alpha-methyl-3-alpha, 17-beta-dihydroxy-5-alpha-androstane;   (o) 17-alpha-methyl-3-beta, 17-beta-dihydroxy-5-alpha-androstane;   (p) 17-alpha-methyl-3-beta, 17-beta-dihydroxyandrost-4-ene;   (q) 17-alpha-methyl-4-hydroxynandrolone, also known as 17-alpha-methyl-4-hydroxy-17-beta- hydroxyestr-4-en-3-one;   (r) 17-alpha-methyl-delta, 1-dihydrotestosterone, also known as 17-beta-hydroxy-17-alpha-methyl-5- alpha-androst-1-en-3-one, 17-alpha-methyl-1 testosterone;   (s) 19-nor-4-androstenediol, also known as 3-beta-17-beta-dihydroxyestr-4-ene; or 3-alpha-17-beta- dihydroxyestr-4-ene;   (t) 19-nor-4-androstenedione, also known as estr-4-en-3,17-dione;   (u) 19-nor-5-androstenediol, also known as 3-beta,17-beta-dihydroxyestr-5-ene; or 3-alpha,17-beta- dihydroxyestr-5-ene;   (v) 19-nor-5-androstenedione, also known as estr-5-en-3,17-dione;   (w) calusterone, also known as 7-beta, 17-alpha-dimethyl-17-beta-hydroxyandrost-4-en-3-one);   (x) 19-Nor-4,9(10)-androstadienedione, also known as estra-4,9(10)-diene-3,17-dione;   (y) bolasterone, also known as (7-alpha-dimethyl)-17-beta-hydroxyandrost-4-ene-3-one;   (z) boldenone, also known as 17-beta-hydroxyandrost-1,4,-diene-3-one;   (aa) boldione, also known as androsta-1,4-diene-3,17-dione;   (bb) chlorotestosterone, also known as 4-chlortestosterone;   (cc) clostebol;   (dd) delta-1-dihydrotestosterone, also known as (17-beta-hydroxy-5-alpha-androst-1-en-3-one), 1-testosterone;   (ee) dehydrochloromethyltestosterone, also known as 4-chloro-17-beta-hydroxy-17-alpha-methylandrost- 1,4-dien-3-one;   (ff) desoxymethyltestosterone, also known as 17-alpha-methyl-5-alpha-androst-2-en-17-beta-ol;   (gg) dihydrochlormethyltestosterone;   (hh) dihydrotestosterone, also known as 4-dihydrotestosterone;   (ii) drostanolone, also known as 17-beta-hydroxy-2-alpha-methyl-5-alpha-androstan-3-one;   (jj) ethylestrenol, also known as 17-alpha-ethyl-17-beta-hydroxyestr-4-ene;   (kk) fluoxymesterone, also known as 9-fluoro-17-alpha-methyl-11-beta, 17-beta-dihydroxyandrost- 4-en-3-one;   (ll) formebulone, also known as 2-formyl-17-alpha-methyl-11-alpha,17-beta-dihydroxyandrost-1,4- dien-3-one or formebolone;   (mm) furazabol, also known as 17-alpha-methyl-17-beta-hydroxyandrostano-[2,3-c]-furazan;   (nn) mestanolone, also known as 17-alpha-methyl-17-beta-hydroxy-5-alpha-androstan-3-one;   (oo) mesterolone, also known as 1-alpha-methyl-17-beta-hydroxy-(5-alpha)-androstan-3-one;   (pp) methandienone, also known as 17-alpha-methyl-17-beta-hydroxyandrost-1,4-diene-3-one;   (qq) methandranone;   (rr) methandriol, also known as 17-alpha-methyl-3-beta,17-beta-dihydroxyandrost-5-one;   (ss) methandrostenolone, also known as (17-beta)-17-hydroxy-17-methylandrosta-1,4-dien-3-one;   (tt) methasterone, also known as 2-alpha-17-alpha-dimethyl-5-alpha-androstan-17-beta-ol-3-one;   (uu) methenolone, also known as 1-methyl-17-beta-hydroxy-5-alpha-androst-1-en-3-one;   (vv) methyldienolone, also known as 17-alpha-methyl-17-beta-hydroxyestra-4,9-(10)-dien-3-one;   (ww) methyltestosterone, also known as 17-alpha-methyl-17-beta-hydroxyandrost-4-en-3-one;   (xx) methyltrienolone, also known as 17-alpha-methyl-17-beta-hydroxyestra-4,9,11-trien-3-one;   (yy) mibolerone, also known as 17-alpha,17-alpha-dimethyl-17-beta-hydroxyestr-4-en-3-one;   (zz) nandrolone, also known as 17-beta-hydroxyestr-4-en-3-one;   (aaa) norbolethone, also known as 13-beta,17-alpha-diethyl-17-beta-hydroxygon-4-en-3-one;   (bbb) norclostebol, also known as 4-chloro-17-beta-hydroxyestr-4-en-3-one;   (ccc) norethandrolone, also known as 17-alpha-ethyl-17-beta-hydroxyestr-4-en-3-one;   (ddd) normethandrolone, also known as 17-alpha-methyl-17-beta-hydroxyestr-4-en-3-one;   (eee) oxandrolone, also known as 17-alpha-methyl-17-beta-hydroxy-2-oxa-(5-alpha)-androstan-3-one;   (fff) oxymestrone, also known as 17-alpha-methyl-4,17-beta-dihydroxyandrost-4-en-3-one;   (ggg) oxymetholone, also known as 17-alpha-methyl-2-hydroxymethylene-17-beta-hydroxy-(5-alpha)- androstan-3-one;   (hhh) prostanozol, also known as 17-beta-hydroxy-5-alpha-androstano[3,2-c]pryazole;   (iii) stanolone;   (jjj) stanozolol, also known as 17-alpha-methyl-17-beta-hydroxy-(5-alpha)-androst-2-eno-(3,2-c)- pyrazole;   (kkk) stenbolone, also known as 17-beta-hydroxy-2-methyl-5-alpha-androst-1-en-3-one;   (lll) talbutal, also known as 5-(1-methylpropyl)-5-(2-propenyl)-2,4,6(1H,3H,5H)-pyrimidinetrione;   (mmm) testolactone, also known as 13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone;   (nnn) testosterone, also known as 17-beta-hydroxyandrost-4-en-3-one;   (ooo) trenbolone, also known as 17-beta-hydroxyestr-4,9,11-trien-3-one; or   (ppp) tetrahydrogestrinone, also known as 13-beta,17-alpha-diethyl-17-beta-hydroxygon-4,9,11-trien- 3-one.   (6) Hallucinogenic substances include dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration-approved drug product, also known as (6-alpha-R-trans)-6-alpha,7,8,10-alpha-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.   (7) Anticonvulsant substances include perampanel.   History: En. Sec. 9, Ch. 412, L. 1973; R.C.M. 1947, 54-309(1) thru (4); amd. Sec. 3, Ch. 141, L. 1983; amd. Sec. 3, Ch. 36, L. 1991; amd. Sec. 4, Ch. 42, L. 1991; amd. Sec. 4, Ch. 113, L. 1997; amd. Sec. 1, Ch. 108, L. 2007; amd. Sec. 8, Ch. 135, L. 2013; amd. Sec. 3, Ch. 134, L. 2019.  
  50-32-227. Board authorized to exempt certain compounds, mixtures, or preparations from Schedule III. The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant drug listed in 50-32-226(1) and (2) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the drugs which have a stimulant or depressant effect on the central nervous system.   History: En. Sec. 9, Ch. 412, L. 1973; R.C.M. 1947, 54-309(5).  
  50-32-228. Criteria for placement of drug in Schedule IV. The board shall place a drug in Schedule IV if it finds that:   (1) the drug has a low potential for abuse relative to drugs in Schedule III;   (2) the drug has currently accepted medical use in treatment in the United States; and   (3) abuse of the drug may lead to limited physical dependence or psychological dependence relative to the drugs in Schedule III.   History: En. Sec. 10, Ch. 412, L. 1973; R.C.M. 1947, 54-310.  
  50-32-229. Specific dangerous drugs included in Schedule IV. Schedule IV consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.   (1) Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic is a drug, including its salts calculated as the free anhydrous base or alkaloid in the following limited quantities:   (a) not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;   (b) butorphanol;   (c) dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);   (d) difenoxin 1mg/25ug AtSO4/du;   (e) pentazocine; and   (f) tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol).   (2) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:   (a) alprazolam;   (b) barbital;   (c) bromazepam;   (d) camazepam;   (e) chloral betaine;   (f) chloral hydrate;   (g) chlordiazepoxide;   (h) clobazam;   (i) clonazepam;   (j) clorazepate;   (k) clotiazepam;   (l) cloxazolam;   (m) delorazepam;   (n) diazepam;   (o) dichloralphenazone;   (p) estazolam;   (q) ethchlorvynol;   (r) ethinamate;   (s) ethyl loflazepate;   (t) fludiazepam;   (u) flunitrazepam;   (v) flurazepam;   (w) fospropofol, also known as lusedra;   (x) halazepam;   (y) haloxazolam;   (z) ketazolam;   (aa) loprazolam;   (bb) lorazepam;   (cc) lormetazepam;   (dd) mebutamate;   (ee) medazepam;   (ff) meprobamate;   (gg) methohexital;   (hh) methylphenobarbital, also known as mephobarbital;   (ii) midazolam;   (jj) nimetazepam;   (kk) nitrazepam;   (ll) nordiazepam;   (mm) oxazepam;   (nn) oxazolam;   (oo) paraldehyde;   (pp) petrichloral;   (qq) phenobarbital;   (rr) pinazepam;   (ss) prazepam;   (tt) quazepam;   (uu) temazepam;   (vv) tetrazepam;   (ww) triazolam;   (xx) zaleplon;   (yy) zolpidem; and   (zz) zopiclone.   (3) Fenfluramine. Any material, compound, mixture, or preparation that contains any quantity of fenfluramine, including its salts, isomers (whether optical, position, or geometric), and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible.   (4) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:   (a) cathine, also known as (+)-norpseudoephedrine;   (b) diethylpropion;   (c) fencamfamin;   (d) fenproporex;   (e) mazindol;   (f) mefenorex;   (g) modafinil;   (h) pemoline, including organometallic complexes and chelates thereof;   (i) phentermine;   (j) pipradrol;   (k) sibutramine; and   (l) SPA ((-)-1-dimethylamino-1,2-diphenylethane).   (5) Ephedrine.   (a) Except as provided in subsection (5)(b), any material, compound, mixture, or preparation that contains any quantity of ephedrine having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers), and salts of enantiomers (optical isomers) when ephedrine is the only active medicinal ingredient or is used in combination with therapeutically insignificant quantities of another active medicinal ingredient.   (b) Ephedrine does not include materials, compounds, mixtures, or preparations labeled in compliance with the Dietary Supplement Health and Education Act of 1994, 21 U.S.C. 321, et seq., that contain only natural ephedra alkaloids or extracts of natural ephedra alkaloids.   (c) Ephedrine may be immediately accessible for use by a licensed physician in a patient care area if it is under the physician's direct supervision.   (6) Other substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of carisoprodol, including its salts, isomers, and salts of isomers.   (7) Hypnotic substances include suvorexant.   (8) Anorexiant substances include lorcaserin.   (9) Gastrointestinal substances include eluxadoline.   (10) General anesthetic substances include alfaxalone.   History: En. Sec. 11, Ch. 412, L. 1973; R.C.M. 1947, 54-311(1), (2); amd. Sec. 14, Ch. 37, L. 1979; amd. Sec. 4, Ch. 141, L. 1983; amd. Sec. 4, Ch. 36, L. 1991; amd. Sec. 1, Ch. 103, L. 1997; amd. Sec. 5, Ch. 113, L. 1997; amd. Sec. 1, Ch. 253, L. 1999; amd. Sec. 9, Ch. 135, L. 2013; amd. Sec. 4, Ch. 134, L. 2019.  
  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.   History: En. Sec. 11, Ch. 412, L. 1973; R.C.M. 1947, 54-311(3).  
  50-32-231. Criteria for placement of drug in Schedule V. The board shall place a drug in Schedule V if it finds that:   (1) the drug has low potential for abuse relative to the controlled drugs listed in Schedule IV;   (2) the drug has currently accepted medical use in treatment in the United States; and   (3) the drug has limited physical dependence or psychological dependence liability relative to the dangerous drugs listed in Schedule IV.   History: En. Sec. 12, Ch. 412, L. 1973; R.C.M. 1947, 54-312.  
  50-32-232. Specific dangerous drugs included in Schedule V. Schedule V consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.   (1) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following is a narcotic drug, including its salts, calculated as the free anhydrous base or alkaloid in limited quantities as set forth in subsections (1)(a) through (1)(f), which include one or more nonnarcotic, active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:   (a) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;   (b) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;   (c) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;   (d) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;   (e) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and   (f) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.   (2) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.   (3) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:   (a) lacosamide, also known as (R)-2-acetoamido-N-benzyl-3-methoxy-propionamide or vimpat; and   (b) pregabalin, also known as (S)-3-(aminomethyl)-5-methylhexanoic acid or lyrica.   (4) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains cannabidiol, also known as (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol), derived from cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols.   (5) Anticonvulsant substances include the following:   (a) ezogabine; and   (b) brivaracetam.   History: En. Sec. 13, Ch. 412, L. 1973; R.C.M. 1947, 54-313; amd. Sec. 15, Ch. 37, L. 1979; amd. Sec. 5, Ch. 141, L. 1983; amd. Sec. 5, Ch. 36, L. 1991; amd. Sec. 6, Ch. 113, L. 1997; amd. Sec. 2, Ch. 108, L. 2007; amd. Sec. 10, Ch. 135, L. 2013; amd. Sec. 5, Ch. 134, L. 2019.  
  50-32-233. Exempt anabolic steroid products. The following anabolic steroid-containing compounds, mixtures, or preparations are exempt from this chapter:   (1) androgyn L.A.;   (2) andro-estro 90-4;   (3) depandrogyn;   (4) DEPO-T.E.;   (5) deptestrogen;   (6) duomone;   (7) duratestrin;   (8) duo-span II;   (9) estratest;   (10) estratest HS;   (11) pan estra test;   (12) premarin with methyltestosterone;   (13) synovex H pellets in process;   (14) synovex H pellets in process granulation;   (15) test-estro cypionates;   (16) testagen;   (17) testosterone cyp 50 estradiol cyp 2;   (18) testosterone, cypionate-estradiol, cypionate injection;   (19) testosterone, enanthate-estradiol, valerate injection; and   (20) tilapia sex reversal feed (investigational).   History: En. Sec. 7, Ch. 113, L. 1997.  
  50-32-301. Annual registration required for manufacturer, distributor, or dispenser. (1) Every person who manufactures, distributes, or dispenses any dangerous drug within this state must obtain annually a registration issued by the department in accordance with board rules.   (2) Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with dangerous drugs may possess, manufacture, distribute, dispense, or conduct research with those drugs to the extent authorized by their registration and in conformity with the other provisions of this chapter.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(1), (2); amd. Sec. 15, Ch. 379, L. 1981.  
  50-32-302. Exceptions to registration requirement. The following persons need not register and may lawfully possess dangerous drugs under this chapter:   (1) an agent or employee of any registered manufacturer, distributor, or dispenser of any dangerous drug if the agent or employee is acting in the usual course of business or employment;   (2) a common or contract carrier or warehouse operator or an employee of the carrier or warehouse operator, whose possession of any dangerous drug is in the usual course of business or employment;   (3) an ultimate user or a person in possession of any dangerous drug pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V drug;   (4) officers and employees of the state, or a political subdivision of the state while acting in the course of their official duties.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(3); amd. Sec. 1846, Ch. 56, L. 2009.  
  50-32-303. Waiver of registration requirement for practitioners licensed by federal government. The board shall waive the requirement for registration of practitioners, other than pharmacies, who are registered or licensed by the federal government to dispense dangerous drugs.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(4).  
  50-32-304. Waiver of registration requirement when in public interest. The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(5).  
  50-32-305. Separate registration required. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses dangerous drugs.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(6).  
  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.   History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(1), (4).  
  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.   History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(2).  
  50-32-308. Criteria for registration of practitioners. (1) Practitioners shall be registered to dispense any dangerous drugs or to conduct research with dangerous drugs in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The board need not require separate registration for practitioners engaging in research with nonnarcotic dangerous drugs in Schedules II through V where the registrant is already registered under this chapter in another capacity.   (2) Practitioners registered under federal law to conduct research with Schedule I drugs may conduct research with Schedule I drugs within this state upon furnishing the board evidence of that federal registration.   History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(3).  
  50-32-309. Registrants to maintain records and inventories. Persons registered to manufacture, distribute, or dispense dangerous drugs under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the board issues.   History: En. Sec. 20, Ch. 412, L. 1973; R.C.M. 1947, 54-320.  
  50-32-310. Inspections authorized. The board may have the establishment of a registrant or applicant for registration inspected.   History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(7).  
  50-32-311. Revocation or suspension of registration. (1) A registration under 50-32-301 to manufacture, distribute, or dispense a dangerous drug may be suspended or revoked by the board upon a finding that the registrant has:   (a) furnished false or fraudulent material information in any application filed under this chapter;   (b) been convicted of a felony under any state or federal law relating to any dangerous drug or controlled substance; or   (c) had the registrant's federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances.   (2) The board may limit revocation or suspension of a registration to the particular dangerous drug with respect to which grounds for revocation or suspension exist.   (3) If the board suspends or revokes a registration, all dangerous drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. A disposition may not be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs may be forfeited to the state.   (4) The board shall promptly cause the bureau to be notified of all orders suspending or revoking registration and all forfeitures of dangerous drugs.   History: En. Sec. 18, Ch. 412, L. 1973; amd. Sec. 8, Ch. 350, L. 1974; R.C.M. 1947, 54-318; amd. Sec. 1847, Ch. 56, L. 2009.  
  50-32-312. Procedure for denial, suspension, revocation of, or refusal to renew registration. (1) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall require the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration, the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.   (2) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under 50-32-311 or whenever renewal of registration is refused if it finds that there is an imminent danger to the public health or safety which warrants such action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.   History: En. Sec. 19, Ch. 412, L. 1973; amd. Sec. 9, Ch. 350, L. 1974; amd. Sec. 7, Ch. 187, L. 1977; R.C.M. 1947, 54-319.  
  50-32-313. Practitioner's failure to register a misdemeanor. Practitioners who fail or refuse to register as required by this chapter shall be guilty of a misdemeanor and upon conviction therefor may be fined not to exceed $1,000, imprisoned in the county jail not to exceed 1 year, or both.   History: En. Sec. 29, Ch. 412, L. 1973; R.C.M. 1947, 54-327.  
  50-32-314. Board to adopt rules for registration of outpatient center for surgical services. (1) The board shall adopt rules to provide for the registration of any outpatient center for surgical services pursuant to this part. The rules must categorize the outpatient center for surgical services as a "distributor" pursuant to 50-32-101(13) or other category of registrant as determined by the board.   (2) If the board determines that an outpatient center for surgical services requires the services of a pharmacist in order to be registered, the board shall allow that center to use the services of a consulting pharmacist to satisfy the obligation imposed by the board.   (3) This section does not affect any existing registration requirement pursuant to this part for persons providing dangerous drugs to an outpatient center for surgical services or persons administering dangerous drugs within or as the result of procedures performed at an outpatient center for surgical services.   History: En. Sec. 1, Ch. 273, L. 1999; amd. Sec. 42, Ch. 502, L. 2007; amd. Sec. 11, Ch. 135, L. 2013.  
  50-32-401. Report required for precursor to controlled substance. (1) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to a person in this state shall submit a report to the department of justice detailing all transactions:   (a) phenyl-2-propanone;   (b) methylamine;   (c) d-lysergic acid;   (d) ergotamine tartrate;   (e) diethyl malonate;   (f) malonic acid;   (g) ethyl malonate;   (h) barbituric acid; and   (i) piperidine.   (2) The department of justice may adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act that add or delete substances on the list of regulated substances in subsection (1) if the substance is a precursor to a dangerous drug as defined in 50-32-101.   (3) This section does not apply to any of the following:   (a) a pharmacist or other authorized person who sells or furnishes the substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;   (b) a physician, dentist, podiatrist, or veterinarian who administers or furnishes the substance to patients;   (c) a manufacturer or wholesaler licensed by the board of pharmacy who sells, transfers, or otherwise furnishes the substance to a licensed pharmacist, physician, dentist, podiatrist, or veterinarian;   (d) transfers of the substances listed in subsection (1) within any college or university to an employee or student of the college or university for the purpose of teaching or research authorized by the college or university.   History: En. Sec. 1, Ch. 227, L. 1979; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 1848, Ch. 56, L. 2009.  
  50-32-402. Reports required -- exceptions. (1) Except as provided in subsection (2), a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance regulated pursuant to 50-32-401 to a person in this state must, within 72 hours, submit a report of the transaction to the department of justice.   (2) The department may authorize the submission of the reports on a monthly basis for repeated, regular transactions between the furnisher and the recipient involving the same substance, if the department determines:   (a) a pattern of regular supply of the substance exists as between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance and the recipient of the substance; and   (b) the recipient has established a record of use of the substance for lawful purposes.   History: En. Sec. 2, Ch. 227, L. 1979.  
  50-32-403. Common reporting form. (1) The department of justice must provide a common reporting form for the report required under 50-32-401.   (2) The form must contain the following information:   (a) name of the substance;   (b) quantity of the substance sold, transferred, or furnished;   (c) the date the substance was sold, transferred, or furnished;   (d) the name and address of the person buying or receiving the substance; and   (e) the name and address of the manufacturer, wholesaler, or retailer.   History: En. Sec. 3, Ch. 227, L. 1979.  
  50-32-404. Loss, theft, or other discrepancy to be reported. (1) The theft or loss of a substance regulated in accordance with 50-32-401 must be reported to the department of justice within 3 days after the theft or loss is discovered.   (2) Any difference between the quantity received of any substance regulated as provided in 50-32-401 and the quantity shipped must be reported to the department of justice within 3 days of the discovery of the discrepancy.   (3) A report made pursuant to this section shall also include the name of the common carrier or person who transported the substance and the date of shipment.   History: En. Sec. 4, Ch. 227, L. 1979.  
  50-32-405. Violation -- penalties. (1) A person commits the offense of failure to report distribution of a precursor to a controlled substance if the person purposely or knowingly fails to report the sale, transfer, or other furnishing of a substance regulated by 50-32-401.   (2) A person convicted of failing to report the distribution of a precursor to a controlled substance shall be fined not more than $10,000 or be imprisoned in the state prison for not more than 10 years, or both.   History: En. Sec. 5, Ch. 227, L. 1979; amd. Sec. 20, Ch. 432, L. 1999.  
  50-32-501. Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties. (1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams within any 30-day period or more than 3.6 grams per day of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, any of their salts or optical isomers, or salts of their optical isomers.   (2) This section does not apply to any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription or as provided in 50-32-502.   (3) Possession of more than 9 grams of a drug product containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.   (4) The rebuttable presumption in subsection (3) does not apply to:   (a) a retail distributor of drug products;   (b) a wholesale drug distributor, or its agents, licensed by the board of pharmacy;   (c) a manufacturer of drug products or its agents;   (d) a pharmacist licensed by the board of pharmacy; or   (e) a licensed health care professional possessing the drug products in the course of carrying out the profession.   (5) A person who knowingly or negligently violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 1 year.   History: En. Sec. 1, Ch. 572, L. 2005; amd. Sec. 1, Ch. 251, L. 2015.  
  50-32-502. Restricted sale and access to ephedrine or pseudoephedrine products -- exceptions -- penalties. (1) The retail sale of a product that contains any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers may be made only in a pharmacy licensed pursuant to Title 37, chapter 7, or a retail establishment that is certified by the department of justice pursuant to subsection (2).   (2) (a) If there is not a licensed community pharmacy within a county, then a retail establishment may apply to the department of justice for certification as an establishment that is allowed to sell products that contain any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.   (b) The department of justice shall adopt rules to establish criteria for the certification of retail establishments with the intent to limit the available supply of ephedrine and pseudoephedrine to prevent the manufacture of methamphetamine.   (c) The department of justice may certify a retail establishment based on the criteria adopted by rule.   (3) Except as provided in subsection (5), a licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall:   (a) display the products containing ephedrine or pseudoephedrine behind the store counter in an area that is not accessible to customers or in a locked case so that a customer is required to ask an employee of the licensed pharmacy or certified retail establishment for assistance in purchasing the product;   (b) limit sales to packages containing no more than a total of 3.6 grams base weight;   (c) require the person purchasing, receiving, or otherwise acquiring any product, mixture, or preparation containing ephedrine or pseudoephedrine to produce a valid driver's license or other form of valid government-issued photo identification and sign a record of sale or acquisition that includes the type of identification presented, including the identification number and issuing governmental entity, the time and date of the transaction, the name and address of the person purchasing or acquiring the ephedrine or pseudoephedrine, and the name of the ephedrine or pseudoephedrine product sold, including the number of grams contained in the product;   (d) require the purchaser to sign the record of sale or acquisition, acknowledging:   (i) that the record may be kept in written or electronic form;   (ii) an understanding of the applicable sales limit; and   (iii) that providing false statements or misrepresentations may subject the purchaser to criminal penalties under 18 U.S.C. 1001; and   (e) take action as necessary to ensure that a person does not purchase or acquire more than 3.6 grams per day of ephedrine or pseudoephedrine from the licensed pharmacy or certified retail establishment provided for in subsection (1) or more than 9 grams in any 30-day period. The limits apply to the total amount of base ephedrine or pseudoephedrine contained in the products and not to the overall weight of the products.   (4) A licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall maintain all records made under subsection (3) and enter the records into the recordkeeping and monitoring system provided for in 50-32-503. Each record must be maintained by the licensed pharmacy or certified retail establishment provided for in subsection (1) for 2 years.   (5) This section does not apply to:   (a) any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription;   (b) the sale of a single package containing no more than 60 milligrams of ephedrine or pseudoephedrine to an individual;   (c) a product that the board, upon application by a manufacturer, exempts from this section by rule because the product has been formulated in a manner as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or   (d) any product or precursor dispensed pursuant to a prescription.   (6) (a) A person who negligently violates any provision of this section is punishable by a fine of not more than $500.   (b) A person who knowingly violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 10 days.   (7) This section supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision or other unit of local government that attempts to regulate the sale or purchase of compounds, mixtures, or preparations containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.   History: En. Sec. 2, Ch. 572, L. 2005; amd. Sec. 2, Ch. 251, L. 2015.  
  50-32-503. Electronic recordkeeping and monitoring system. (1) The department of justice shall provide for the state's participation in a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or pseudoephedrine. The system must:   (a) be approved by the department of justice and provided at no charge to the state, law enforcement, or participating pharmacies and certified retail establishments;   (b) provide at no charge to participating pharmacies and certified retail establishments appropriate training, 24-hour online support, and a toll-free telephone help line that is staffed 24 hours a day;   (c) be able to communicate in real time with similar systems operated in other states and the District of Columbia and similar systems containing information submitted by more than one state;   (d) comply with information exchange standards adopted by the national information exchange model;   (e) include a stop sales alert that:   (i) provides notification that completion of a sale would result in the purchaser violating the quantity limits set forth in this part;   (ii) includes an override function that may be used by a pharmacy or certified retail establishment under the circumstances set forth in subsection (2); and   (iii) records each instance in which the override function is utilized;   (f) record the following:   (i) the date and time of a transaction;   (ii) the name, address, date of birth, and photo identification number of the purchaser, the type of identification used, and the issuing governmental entity;   (iii) the number of packages purchased, the total number of grams of ephedrine or pseudoephedrine per package, and the name of the compound, mixture, or preparation containing ephedrine or pseudoephedrine; and   (iv) the signature of the purchaser or a unique number connecting the transaction to a paper signature retained at the retail premises;   (g) ensure that submitted data is retained within the system for at least 2 years from the date of submission; and   (h) be accessible by law enforcement.   (2) (a) A pharmacy or certified retail establishment may not complete a sale if the system generates a stop sales alert unless the individual dispensing the ephedrine, pseudoephedrine, or related compound has a reasonable fear of imminent bodily harm if the sale is not completed.   (b) In the event of a mechanical or electronic interruption of the system, the pharmacy or certified retail establishment shall maintain a written log of sales of ephedrine and pseudoephedrine until the system is restored. The information written in the log must be transmitted to the system as soon as practicable after the system is restored.   (3) The following entities may not be required to participate in the electronic system and may not be required to maintain a written log:   (a) licensed manufacturers that manufacture and lawfully distribute products in the channels of commerce;   (b) wholesalers that lawfully distribute products in the channels of commerce;   (c) inpatient pharmacies of health care facilities licensed in this state;   (d) licensed long-term health care facilities;   (e) government-operated health care clinics, departments, or centers;   (f) physicians who dispense drugs pursuant to state law;   (g) pharmacies located in correctional facilities; and   (h) government-operated or industry-operated medical facilities serving the employees of the state or local or federal government.   (4) The department of justice, a law enforcement agency of the state, or a federal agency conducting a criminal investigation involving the manufacture of methamphetamine consistent with state or federal law may access data, records, and reports regarding the sale of ephedrine or pseudoephedrine. In addition, the information may be accessed if relevant to proceedings in a court, investigatory grand jury, or special grand jury.   (5) All data, records, and reports related to the sale of ephedrine or pseudoephedrine to retail customers and any abstracts of the data, records, and reports that are in the possession of the department of justice pursuant to this section are confidential and exempt from disclosure under Title 2, chapter 6.   (6) An entity operating the system or a pharmacy or certified retail establishment that sells a product containing ephedrine or pseudoephedrine may not use or disclose information collected or contained in the system or a written log for any purpose other than to:   (a) ensure compliance with this section or the federal Combat Methamphetamine Epidemic Act of 2005, Public Law 109-177;   (b) comply with the United States government or its political subdivision for law enforcement purposes under state or federal law; or   (c) facilitate a product recall necessary to protect the public health and safety.   (7) (a) A pharmacy or certified retail establishment that releases in good faith confidential information to federal, state, or local law enforcement or to a person acting on the behalf of law enforcement or that utilizes the system in accordance with this section is immune from civil liability for the release of the information or for acts or omissions in utilizing the system under this section unless the release or the act or omission constitutes gross negligence or intentional, wanton, or willful misconduct.   (b) The civil immunity provisions of subsection (7)(a) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.   History: En. Sec. 3, Ch. 251, L. 2015.  
  50-32-601. Short title. This part may be cited as the "Help Save Lives From Overdose Act".   History: En. Sec. 1, Ch. 253, L. 2017.  
  50-32-602. Purpose. The purposes of this part are to:   (1) save the lives of persons who have experienced an opioid-related drug overdose by providing the broadest possible access to lifesaving opioid antagonist medication;   (2) facilitate the availability and use of opioid antagonist medication by providing professional, civil, and criminal immunity to persons who prescribe, dispense, distribute, or administer an opioid antagonist; and   (3) encourage persons to seek medical treatment in an opioid-related drug overdose situation by providing immunity from prosecution for certain criminal offenses for persons who seek or receive the medical treatment.   History: En. Sec. 2, Ch. 253, L. 2017.  
  50-32-603. Definitions. As used in this part, the following definitions apply:   (1) "Administer" means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Dispense" or "dispensing" has the meaning provided in 37-7-101.   (4) "Distribute" has the meaning provided in 37-7-101.   (5) "Eligible recipient" means:   (a) a person who is at risk of experiencing an opioid-related drug overdose;   (b) a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;   (c) a first responder or a first responder entity;   (d) a harm reduction organization or its representative;   (e) the Montana state crime laboratory or its representative;   (f) a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;   (g) a probation, parole, or detention officer;   (h) a county or other local public health department or its representative; or   (i) a veterans' organization or its representative.   (6) "First responder" means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. The term does not include an ECP, also known as an emergency care provider, as defined in 37-3-102.   (7) "Harm reduction organization" means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose.   (8) "Law enforcement officer" means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103.   (9) "Medical practitioner" has the meaning provided in 37-2-101.   (10) "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. The term includes naloxone hydrochloride and any other similarly acting drug approved by the United States food and drug administration.   (11) "Opioid-related drug overdose" means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined.   (12) "Standing order" means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription.   (13) "State medical officer" means a physician licensed to practice medicine under Title 37, chapter 3, who is employed by the department to, among other things, provide advice and expertise to the department on medical policy and issues of public health importance.   History: En. Sec. 3, Ch. 253, L. 2017.  
  50-32-604. Statewide standing orders for opioid antagonist. (1) The state medical officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients.   (2) A standing order must specify, at a minimum:   (a) the opioid antagonist formulations and means of administration that are approved for dispensing;   (b) the eligible recipients to whom the opioid antagonist may be dispensed;   (c) any training that is required for an eligible recipient to whom the opioid antagonist is dispensed;   (d) the circumstances under which an eligible recipient may distribute or administer the opioid antagonist; and   (e) the timeline for renewing and updating the standing order.   History: En. Sec. 4, Ch. 253, L. 2017.  
  50-32-605. Prescribing and dispensing authority for opioid antagonist. A medical practitioner may prescribe, directly, by a standing order, or by a collaborative practice agreement, or dispense, as permitted under 37-2-104, an opioid antagonist to an eligible recipient. The medical practitioner shall document the reasons for which the opioid antagonist was prescribed or dispensed.   History: En. Sec. 5, Ch. 253, L. 2017.  
  50-32-606. Designation of patient -- instruction. (1) A prescription issued pursuant to 50-32-604 or 50-32-605 must designate the eligible recipient as the patient, regardless of the eligible recipient's status as an individual, organization, agency, or other entity. Except as provided in 50-32-605, the prescription must be dispensed by a licensed pharmacy.   (2) A licensed pharmacy or medical practitioner dispensing an opioid antagonist shall provide the patient with basic instruction and information, the content of which must be developed by the department and made publicly available on the department's website, concerning recognition of the signs and symptoms of an opioid-related drug overdose, indications for the administration of an opioid antagonist, administration technique, and the need for immediate and long-term followup to the administration of the opioid antagonist, including calling 9-1-1.   (3) An eligible recipient described in 50-32-603(5)(c) through (5)(i) who distributes an opioid antagonist pursuant to 50-32-607 shall:   (a) fulfill the basic instruction and information requirements set forth in subsection (2); and   (b) develop protocol for:   (i) instructing and training the eligible recipient's employees or other authorized personnel that is consistent with the instruction and information developed by the department under subsection (2); and   (ii) the storage, maintenance, and location of the opioid antagonist.   History: En. Sec. 6, Ch. 253, L. 2017.  
  50-32-607. Authorization for possession and administration of opioid antagonist -- reporting. (1) An eligible recipient to whom an opioid antagonist is prescribed, dispensed, or distributed pursuant to 50-32-604 through 50-32-606 and who has received the instruction and information provided for in 50-32-606 may do any of the following:   (a) possess and store the opioid antagonist. The storage of an opioid antagonist is not subject to pharmacy practice laws or other requirements that apply to the storage of drugs or medications.   (b) in good faith, administer or direct another person to administer the opioid antagonist to a person who is experiencing an actual or reasonably perceived opioid-related drug overdose; or   (c) distribute the opioid antagonist to a person who is an eligible recipient under 50-32-603(5)(a) or (5)(b).   (2) An eligible recipient to whom an opioid antagonist is dispensed pursuant to 50-32-604 through 50-32-606 shall report, if required by the department, information regarding the dispensing, distribution, and administration of the opioid antagonist.   History: En. Sec. 7, Ch. 253, L. 2017.  
  50-32-608. Professional conduct -- immunity. (1) A prescription issued pursuant to 50-32-604 or 50-32-605 is considered to have been issued for a legitimate medical purpose in the usual course of a professional practice.   (2) Except for injury or damages arising from gross negligence, willful or wanton misconduct, or an intentional tort:   (a) a medical practitioner or licensed pharmacist may not be subject to disciplinary action or civil or criminal liability for injury resulting from the prescribing or dispensing of an opioid antagonist pursuant to 50-32-604 through 50-32-606 to an eligible recipient; and   (b) an eligible recipient may not be subject to disciplinary action or civil or criminal liability for injury resulting from distributing an opioid antagonist pursuant to 50-32-606 and 50-32-607.   (3) A medical practitioner, eligible recipient, emergency care provider, or other person is not liable and may not be subject to disciplinary action as a result of any injury arising from the administration of an opioid antagonist to another person whom the medical practitioner, eligible recipient, emergency care provider, or other person believes in good faith to be suffering from an opioid-related drug overdose, unless the injury arises from an act or omission that is the result of gross negligence, willful or wanton misconduct, or an intentional tort.   (4) The provisions of 50-32-601 through 50-32-607 do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, distribute, or administer an opioid antagonist.   History: En. Sec. 8, Ch. 253, L. 2017.  
  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.   History: En. Sec. 9, Ch. 253, L. 2017; amd. Sec. 1, Ch. 265, L. 2019; amd. Sec. 1, Ch. 363, L. 2021. 
  50-32-610. Grants. The department may apply for and award grants to further the purposes outlined in 50-32-601 through 50-32-607.   History: En. Sec. 10, Ch. 253, L. 2017.  
  50-32-611. Rulemaking. The department may adopt rules regarding opioid antagonist instruction, training, and reporting, as provided for in 50-32-606 and 50-32-607.   History: En. Sec. 11, Ch. 253, L. 2017.  
  50-33-101. Labeling of containers by blood banks required. Each container or package containing any whole blood, plasma, blood products, or blood derivatives sold by a blood bank shall have plainly stamped or printed thereon the fact that the product therein was tested as required in 50-33-104, giving the date of the test and such information as is necessary to designate the type of test made.   History: En. Sec. 3, Ch. 284, L. 1971; R.C.M. 1947, 69-2205.  
  50-33-102. Furnishing of blood, blood products, and human tissue, organs, or bones declared service and not sale. The furnishing of and the injecting, transfusing, transplanting, or transferring into the human body of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones by a hospital, long-term care facility, or doctor of any such substances obtained from any source which said hospital, long-term care facility, or doctor is not directly or indirectly financially interested in or has any control over is hereby declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones for any purpose.   History: En. Sec. 1, Ch. 284, L. 1971; amd. Sec. 1, Ch. 76, L. 1975; R.C.M. 1947, 69-2203(part); amd. Sec. 1, Ch. 401, L. 1987.  
  50-33-103. Immunity of physicians and hospitals. No physician, long-term care facility, or hospital may be held liable, in the absence of fault or negligence on the part of such a hospital, long-term care facility, or doctor, for injuries resulting from the furnishing or performing of such services.   History: En. Sec. 1, Ch. 284, L. 1971; amd. Sec. 1, Ch. 76, L. 1975; R.C.M. 1947, 69-2203(part).  
  50-33-104. Immunity of blood banks and tissue banks. No blood bank or tissue bank may be held liable in the absence of fault or negligence for injuries resulting from the injecting, transfusing, transplanting, or transferring of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones supplied by any such blood bank or tissue bank to any hospital or physician if such blood products or tissue products have been tested by the latest testing procedures in accordance with recommendations of the American association of blood banks or the American association of tissue banks and by such test are not found to be dangerous to the health of the recipient of such blood products or tissue products.   History: En. Sec. 2, Ch. 284, L. 1971; R.C.M. 1947, 69-2204; amd. Sec. 2, Ch. 401, L. 1987.  
  50-34-101. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 1, Ch. 274, L. 1971; amd. Sec. 5, Ch. 349, L. 1974; R.C.M. 1947, 27-801.  
  50-34-102. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(1).  
  50-34-103. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(4), (5).  
  50-34-104. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(6).  
  50-34-105. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 2, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-802(part).  
  50-34-106. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 2, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-802(part).  
  50-34-107. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 3, Ch. 274, L. 1971; R.C.M. 1947, 27-803(part).  
  50-34-108. Repealed. Sec. 1, Ch. 182, L. 1995.   History: (1)En. Sec. 3, Ch. 274, L. 1971; Sec. 27-803, R.C.M. 1947; (2)En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; Sec. 27-804, R.C.M. 1947; R.C.M. 1947, 27-803(part), 27-804(2).  
  50-34-109. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(3).  
  50-34-110. Repealed. Sec. 1, Ch. 182, L. 1995.   History: En. Sec. 5, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 4, Ch. 187, L. 1977; R.C.M. 1947, 27-805.  
  50-35-101. Repealed. Sec. 1, Ch. 136, L. 1981.   History: En. 27-320 by Sec. 3, Ch. 415, L. 1975; R.C.M. 1947, 27-320.  
  50-35-102. Repealed. Sec. 1, Ch. 136, L. 1981.   History: En. 27-318 by Sec. 1, Ch. 415, L. 1975; R.C.M. 1947, 27-318(part).  
  50-35-103. Repealed. Sec. 1, Ch. 136, L. 1981.   History: En. 27-318 by Sec. 1, Ch. 415, L. 1975; R.C.M. 1947, 27-318(part); amd. Sec. 1, Ch. 278, L. 1979.  
  50-35-104. Repealed. Sec. 1, Ch. 136, L. 1981.   History: En. 27-319 by Sec. 2, Ch. 415, L. 1975; R.C.M. 1947, 27-319; amd. Sec. 2, Ch. 278, L. 1979.  
  50-35-105. Repealed. Sec. 1, Ch. 136, L. 1981.   History: En. Sec. 3, Ch. 278, L. 1979.  
  50-36-101. Repealed. Sec. 1, Ch. 181, L. 1995.   History: (1)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (2)En. Sec. 114, Ch. 197, L. 1967; Sec. 69-4701, R.C.M. 1947; R.C.M. 1947, 69-4102(2), 69-4701.  
  50-36-102. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 117, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4704.  
  50-36-103. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 118, Ch. 197, L. 1967; amd. Secs. 107 and 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4705.  
  50-36-104. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 115, Ch. 197, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; R.C.M. 1947, 69-4702.  
  50-36-105. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 116, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4703.  
  50-36-106. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 119, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4706.  
  50-36-107. Repealed. Sec. 1, Ch. 181, L. 1995.   History: En. Sec. 120, Ch. 197, L. 1967; R.C.M. 1947, 69-4707.  
  50-37-101. Fireworks defined. The term "fireworks" means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.   History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(part).  
  50-37-102. Where chapter not to apply. (1) Nothing in this chapter shall be construed to prohibit the sale of any kind of fireworks to a person holding a permit issued under 50-37-107 at the display covered by such permits, the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States armed forces.   (2) This chapter does not apply to toy paper caps containing less than one-fourth of a grain of explosive composition per cap, to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, to the military or naval forces of the United States or this state, to peace officers, or to the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.   (3) Nothing in this chapter authorizes the sale of fireworks in a city or town that has banned the sale of fireworks within the city or town as authorized in 7-33-4206.   History: (1)En. Sec. 5, Ch. 143, L. 1947; amd. Sec. 3, Ch. 273, L. 1959; Sec. 69-2704, R.C.M. 1947; (2)En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; Sec. 69-2701, R.C.M. 1947; R.C.M. 1947, 69-2701(part), 69-2704; amd. Sec. 16, Ch. 37, L. 1979; amd. Sec. 4, Ch. 140, L. 1985; amd. Sec. 1, Ch. 410, L. 1989.  
  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.   History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(1), (5), (6), (8); amd. Sec. 1, Ch. 598, L. 1985.  
  50-37-104. Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit. (1) Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least 4 inches in height where customers are most likely to read it.   (2) Before a fireworks wholesaler may lawfully possess for sale, offer for sale, or sell within the state the permissible fireworks enumerated in 50-37-105, the wholesaler shall obtain a fireworks wholesaler permit from the department of labor and industry.   (3) A person making application for a fireworks wholesaler permit shall:   (a) pay an application fee to the department of labor and industry, which must be set by the department of labor and industry commensurate with costs; and   (b) furnish proof under oath, on a form provided by the department, that person:   (i) is at least 18 years of age;   (ii) is of good moral character; and   (iii) has not been convicted of a crime involving the use, possession, or sale of fireworks.   (4) The department of labor and industry shall adopt rules implementing this section.   History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(3); amd. Sec. 2, Ch. 598, L. 1985; amd. Sec. 159, Ch. 483, L. 2001.  
  50-37-105. Permissible fireworks. Permissible fireworks include and are limited to those that meet the definition of consumer fireworks as provided in 27 CFR 555.11 and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in 16 CFR, parts 1500 and 1507.  History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(4); amd. Sec. 3, Ch. 598, L. 1985; amd. Sec. 1, Ch. 68, L. 2021. 
  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.   History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(7); amd. Sec. 1, Ch. 284, L. 1999; amd. Sec. 1, Ch. 182, L. 2001; amd. Sec. 1, Ch. 108, L. 2003.  
  50-37-107. Supervised public display of fireworks authorized. (1) The state fire prevention and investigation section of the department of justice or the governing body of a city, town, or county may, under reasonable rules adopted by them, grant permits for supervised public displays of fireworks to be held by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.   (2) Each display must:   (a) be handled by a competent operator, who must be approved by the state fire prevention and investigation section or the governing body of the city, town, or county in which the display is to be held; and   (b) be located, discharged, or fired as, in the opinion of the state fire prevention and investigation section or the chief of the local governmental fire agency organized under Title 7, chapter 33, or other officer designated by the governing body of the city, town, or county after proper inspection, not to be hazardous to persons or property.   (3) Application for permits must be made in writing at least 15 days prior to the date of the display.   (4) After the privilege has been granted, sales, possession, use, and distribution of fireworks for the display are lawful for that purpose only.   (5) A permit granted under this section is not transferable.   History: En. Sec. 3, Ch. 143, L. 1947; amd. Sec. 2, Ch. 273, L. 1959; amd. Sec. 18, Ch. 187, L. 1977; R.C.M. 1947, 69-2702; amd. Sec. 1, Ch. 164, L. 1981; amd. Sec. 5, Ch. 140, L. 1985; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 17, Ch. 449, L. 2007.  
  50-37-108. General liability insurance required for public display. The state fire prevention and investigation section or the governing body of the city, town, or county shall require a person planning a public display of fireworks to provide proof of general liability insurance in a reasonable amount as determined by rules adopted by the department of justice.   History: En. Sec. 4, Ch. 143, L. 1947; R.C.M. 1947, 69-2703; amd. Sec. 6, Ch. 140, L. 1985; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 4, Ch. 387, L. 2003; amd. Sec. 18, Ch. 449, L. 2007.  
  50-37-109. Confiscation. A representative of the state fire prevention and investigation section or any sheriff, police officer, constable, officer of a governmental fire agency organized under Title 7, chapter 33, or firewarden shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.   History: En. Sec. 6, Ch. 143, L. 1947; R.C.M. 1947, 69-2705; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 19, Ch. 449, L. 2007.  
  50-37-110. Penalties. Any person, firm, partnership, association, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 or more than $500 or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, by imprisonment in the county jail for a period of not less than 30 days or more than 6 months or by both such fine and imprisonment.   History: En. Sec. 7, Ch. 143, L. 1947; amd. Sec. 4, Ch. 273, L. 1959; R.C.M. 1947, 69-2706.  
  50-38-101. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 1, Ch. 129, L. 1917; re-en. Sec. 2786, R.C.M. 1921; re-en. Sec. 2786, R.C.M. 1935; R.C.M. 1947, 69-1901.  
  50-38-102. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 19, Ch. 129, L. 1917; re-en. Sec. 2804, R.C.M. 1921; re-en. Sec. 2804, R.C.M. 1935; R.C.M. 1947, 69-1919.  
  50-38-103. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 2, Ch. 129, L. 1917; re-en. Sec. 2787, R.C.M. 1921; re-en. Sec. 2787, R.C.M. 1935; R.C.M. 1947, 69-1902(part).  
  50-38-104. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 2, Ch. 129, L. 1917; re-en. Sec. 2787, R.C.M. 1921; re-en. Sec. 2787, R.C.M. 1935; R.C.M. 1947, 69-1902(part).  
  50-38-105. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 18, Ch. 129, L. 1917; re-en. Sec. 2803, R.C.M. 1921; re-en. Sec. 2803, R.C.M. 1935; R.C.M. 1947, 69-1918.  
  50-38-106. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 714, Pen. C. 1895; re-en. Sec. 8552, Rev. C. 1907; re-en. Sec. 2813, R.C.M. 1921; re-en. Sec. 2813, R.C.M. 1935; R.C.M. 1947, 69-1928.  
  50-38-107. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 715, Pen. C. 1895; re-en. Sec. 8553, Rev. C. 1907; re-en. Sec. 2814, R.C.M. 1921; re-en. Sec. 2814, R.C.M. 1935; amd. Sec. 56, Ch. 359, L. 1977; R.C.M. 1947, 69-1929; amd. Sec. 7, Ch. 198, L. 1981.  
  50-38-108. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 1, Ch. 124, L. 1909; re-en. Sec. 2805, R.C.M. 1921; re-en. Sec. 2805, R.C.M. 1935; R.C.M. 1947, 69-1920.  
  50-38-201. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 12, Ch. 129, L. 1917; re-en. Sec. 2797, R.C.M. 1921; re-en. Sec. 2797, R.C.M. 1935; R.C.M. 1947, 69-1912.  
  50-38-202. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 14, Ch. 129, L. 1917; re-en. Sec. 2799, R.C.M. 1921; re-en. Sec. 2799, R.C.M. 1935; R.C.M. 1947, 69-1914.  
  50-38-203. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 708, Pen. C. 1895; re-en. Sec. 8546, Rev. C. 1907; re-en. Sec. 2807, R.C.M. 1921; re-en. Sec. 2807, R.C.M. 1935; R.C.M. 1947, 69-1922.  
  50-38-204. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 709, Pen. C. 1895; re-en. Sec. 8547, Rev. C. 1907; re-en. Sec. 2808, R.C.M. 1921; re-en. Sec. 2808, R.C.M. 1935; amd. Sec. 14, Ch. 187, L. 1977; R.C.M. 1947, 69-1923.  
  50-38-205. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 6, Ch. 129, L. 1917; re-en. Sec. 2791, R.C.M. 1921; re-en. Sec. 2791, R.C.M. 1935; R.C.M. 1947, 69-1906(part).  
  50-38-206. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 6, Ch. 129, L. 1917; re-en. Sec. 2791, R.C.M. 1921; re-en. Sec. 2791, R.C.M. 1935; R.C.M. 1947, 69-1906(part).  
  50-38-207. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 8, Ch. 129, L. 1917; re-en. Sec. 2793, R.C.M. 1921; R.C.M. 1947, 69-1908.  
  50-38-208 through 50-38-210 reserved.  
  50-38-211. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 3, Ch. 129, L. 1917; re-en. Sec. 2788, R.C.M. 1921; re-en. Sec. 2788, R.C.M. 1935; R.C.M. 1947, 69-1903(part).  
  50-38-212. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 3, Ch. 129, L. 1917; re-en. Sec. 2788, R.C.M. 1921; re-en. Sec. 2788, R.C.M. 1935; R.C.M. 1947, 69-1903(part).  
  50-38-213. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 3, Ch. 129, L. 1917; re-en. Sec. 2788, R.C.M. 1921; re-en. Sec. 2788, R.C.M. 1935; R.C.M. 1947, 69-1903(part).  
  50-38-214. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 5, Ch. 129, L. 1917; re-en. Sec. 2790, R.C.M. 1921; re-en. Sec. 2790, R.C.M. 1935; R.C.M. 1947, 69-1905.  
  50-38-215. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 4, Ch. 129, L. 1917; re-en. Sec. 2789, R.C.M. 1921; re-en. Sec. 2789, R.C.M. 1935; R.C.M. 1947, 69-1904.  
  50-38-216 through 50-38-220 reserved.  
  50-38-221. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 7, Ch. 129, L. 1917; re-en. Sec. 2792, R.C.M. 1921; re-en. Sec. 2792, R.C.M. 1935; R.C.M. 1947, 69-1907(part).  
  50-38-222. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 7, Ch. 129, L. 1917; re-en. Sec. 2792, R.C.M. 1921; re-en. Sec. 2792, R.C.M. 1935; R.C.M. 1947, 69-1907(a).  
  50-38-223. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 7, Ch. 129, L. 1917; re-en. Sec. 2792, R.C.M. 1921; re-en. Sec. 2792, R.C.M. 1935; R.C.M. 1947, 69-1907(b).  
  50-38-224 through 50-38-230 reserved.  
  50-38-231. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 9, Ch. 129, L. 1917; re-en. Sec. 2794, R.C.M. 1921; re-en. Sec. 2794, R.C.M. 1935; R.C.M. 1947, 69-1909(part).  
  50-38-232. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 9, Ch. 129, L. 1917; re-en. Sec. 2794, R.C.M. 1921; re-en. Sec. 2794, R.C.M. 1935; R.C.M. 1947, 69-1909(part).  
  50-38-233. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 9, Ch. 129, L. 1917; re-en. Sec. 2794, R.C.M. 1921; re-en. Sec. 2794, R.C.M. 1935; R.C.M. 1947, 69-1909(part).  
  50-38-234. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 9, Ch. 129, L. 1917; re-en. Sec. 2794, R.C.M. 1921; re-en. Sec. 2794, R.C.M. 1935; R.C.M. 1947, 69-1909(part).  
  50-38-235. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 9, Ch. 129, L. 1917; re-en. Sec. 2794, R.C.M. 1921; re-en. Sec. 2794, R.C.M. 1935; R.C.M. 1947, 69-1909(part); amd. Sec. 2, Ch. 239, L. 1983.  
  50-38-301. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 707, Pen. C. 1895; re-en. Sec. 8545, Rev. C. 1907; re-en. Sec. 2806, R.C.M. 1921; re-en. Sec. 2806, R.C.M. 1935; R.C.M. 1947, 69-1921.  
  50-38-302. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 2, Ch. 129, L. 1917; re-en. Sec. 2787, R.C.M. 1921; re-en. Sec. 2787, R.C.M. 1935; R.C.M. 1947, 69-1902(part).  
  50-38-303. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 1, p. 246, L. 1897; re-en. Sec. 8550, Rev. C. 1907; re-en. Sec. 2811, R.C.M. 1921; re-en. Sec. 2811, R.C.M. 1935; R.C.M. 1947, 69-1926.  
  50-38-304. Repealed. Sec. 3, Ch. 187, L. 1985.   History: En. Sec. 711, Pen. C. 1895; re-en. Sec. 8549, Rev. C. 1907; re-en. Sec. 2810, R.C.M. 1921; re-en. Sec. 2810, R.C.M. 1935; amd. Sec. 15, Ch. 187, L. 1977; R.C.M. 1947, 69-1925; amd. Sec. 17, Ch. 37, L. 1979.  
  50-39-101. License and endorsements required. (1) A person or entity shall obtain a license from the department of labor and industry before engaging in the business of servicing fire extinguishers or before engaging in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. Each individual, except an apprentice, employed by the licensee to perform services under the license shall obtain from the department an endorsement to sell, service, or install:   (a) fire alarm systems;   (b) special agent fire suppression systems; or   (c) fire extinguishing systems.   (2) The license and endorsement or endorsements must be prominently displayed at the business premises, and copies must be carried by the person conducting each installation or servicing and must be shown to anyone who requests to see them.   (3) It is a misdemeanor to knowingly or purposely service a fire extinguisher or sell, service, or install a fire alarm system, special agent fire suppression system, or fire extinguishing system without the required license and endorsement.   (4) This chapter may not be construed to prohibit a licensed electrician, practicing within the scope of practice of electricians, as provided in Title 37, chapter 68, from installing components of fire protection equipment if the installation is inspected and approved by an individual endorsed to sell, service, or install fire protection equipment.   History: En. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; R.C.M. 1947, 82-1202.1(part); amd. Sec. 9, Ch. 706, L. 1991; amd. Sec. 1, Ch. 396, L. 1993; amd. Sec. 4, Ch. 514, L. 1995; amd. Sec. 42, Ch. 481, L. 1997; amd. Sec. 160, Ch. 483, L. 2001.  
  50-39-102. Application for license and endorsements. (1) An application for a license and any endorsements must be made on a form prescribed by the department of labor and industry.   (2) The department shall issue a license and endorsement to an applicant who:   (a) submits satisfactory proof that the applicant is properly equipped and staffed to provide the sales or services to be licensed and endorsed; and   (b) submits satisfactory proof that the applicant is insured to engage in the business covered by the license and endorsement or endorsements.   (3) The department shall:   (a) issue an endorsement to an applicant who scores a passing grade on an examination devised or approved by the department;   (b) issue an endorsement to an applicant who has been issued a letter of certification, specific to the endorsement being sought, from any national testing agency approved by the department; and   (c) renew the endorsement at the time intervals prescribed by the department and upon payment of the endorsement fee and submission of satisfactory proof that the endorsee has completed continuing education, training, or testing required by the department.   History: En. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; R.C.M. 1947, 82-1202.1(4)(a); amd. Sec. 10, Ch. 706, L. 1991; amd. Sec. 2, Ch. 396, L. 1993; amd. Sec. 5, Ch. 514, L. 1995; amd. Sec. 43, Ch. 481, L. 1997; amd. Sec. 53, Ch. 492, L. 1997; amd. Sec. 161, Ch. 483, L. 2001.  
  50-39-103. Inspections, examinations, and hearings authorized. When requested by the department of labor and industry, the department of justice shall conduct inspections of the applicant's business facilities and shall report to the department of labor and industry the results of its inspection. The department of labor and industry may consider the inspection report and conduct examinations or hearings to determine an applicant's qualifications.   History: En. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; R.C.M. 1947, 82-1202.1(part); amd. Sec. 11, Ch. 706, L. 1991; amd. Sec. 3, Ch. 396, L. 1993; amd. Sec. 6, Ch. 514, L. 1995; amd. Sec. 162, Ch. 483, L. 2001.  
  50-39-104. Repealed. Sec. 46, Ch. 481, L. 1997.   History: En. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; R.C.M. 1947, 82-1202.1(part); amd. Sec. 12, Ch. 706, L. 1991; amd. Sec. 4, Ch. 396, L. 1993; amd. Sec. 7, Ch. 514, L. 1995.  
  50-39-105. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; R.C.M. 1947, 82-1202.1(4)(c), (4)(d); amd. Secs. 13, 38, Ch. 706, L. 1991; amd. Sec. 5, Ch. 396, L. 1993.  
  50-39-106. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. Sec. 7, Ch. 396, L. 1993; amd. Sec. 8, Ch. 514, L. 1995; amd. Sec. 163, Ch. 483, L. 2001.  
  50-39-107. Rulemaking authority. The department of labor and industry may adopt rules to implement this part.   History: En. Sec. 6, Ch. 396, L. 1993; amd. Sec. 9, Ch. 514, L. 1995; amd. Sec. 164, Ch. 483, L. 2001.  
  50-39-108. Definitions. As used in this chapter, the following definitions apply:   (1) "Apprentice" means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of labor and industry.   (2) "Endorsement" means a document, issued by the department of labor and industry to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.   (3) "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association.   (4) (a) "Fire alarm system" means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation.   (b) The term does not include single station smoke or heat detectors.   (5) "Fire extinguisher" means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.   (6) "Fire extinguishing system" means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. The term includes underground and overhead piping, ponds, tanks, pumps, extra or special hazard applications, and other related components or devices necessary for water supplies.   (7) "Inspection" means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. The term includes the inquiry, analysis, audit, or other pursuit of information, with respect to a written complaint or other information before the department of labor and industry, that is carried out for the purpose of assisting the department of labor and industry in determining:   (a) whether a person has violated a provision of law justifying discipline against the person;   (b) whether a license should be granted or denied; or   (c) whether the department of labor and industry should seek an injunction against unlicensed practice.   (8) (a) "Install" means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system.   (b) The term does not include the delivery of supplies or the offsite cutting or threading of pipe.   (c) The term does include the following tasks:   (i) inspection of job sites to determine the presence of obstructions and to ascertain that holes will not cause structural weaknesses;   (ii) determination of the course or plan of installation;   (iii) any job site bending of pipe or electrical conduit as part of the installation;   (iv) job site assembly and installation of metal or nonmetal pipe fittings, including but not limited to those made of brass, copper, lead, glass, and plastic;   (v) job site assembly and installation of wiring systems;   (vi) joining of piping by any means, including pipes joined by threaded, caulked, wiped, soldered, brazed, fused, or cemented joints;   (vii) securing of pipe, wire, or electrical conduit to the structure by any means, including but not limited to clamps, brackets, hangers, and welds; and   (viii) testing the installed system for electrical or mechanical malfunctions.   (9) "License" means the document issued by the department of labor and industry that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.   (10) "Sell", "sale", and associated words mean offering or contracting to transfer, lease, or rent any merchandise, equipment, or service at retail to the public or any member of the public for an agreed sum of money or other consideration.   (11) (a) "Service", when referring to portable fire extinguishers and fire extinguisher cylinders, means maintenance and includes breakdown for replacement of parts or for agent, repair, recharging, or hydrostatic testing.   (b) When referring to alarm systems, fire extinguishing systems, and fire suppression systems, the term means maintenance and testing required to keep the protective signaling, extinguishing, and suppression system and its component parts in an operative condition at all times, together with replacement of the system or its component parts with listed or approved parts when for any reason they become undependable, defective, or inoperative.   (c) The term does not include resetting manual alarm systems that may be reset by a properly trained building owner or the owner's designated representative.   (12) "Special agent fire suppression system" means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a preengineered system but does not include a fire extinguishing system.   History: En. Sec. 39, Ch. 481, L. 1997; amd. Secs. 165, 221(1), Ch. 483, L. 2001.  
  50-39-201. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 1, Ch. 53, L. 1929; re-en. Sec. 2762.1, R.C.M. 1935; R.C.M. 1947, 82-1233.  
  50-39-202. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 2, Ch. 53, L. 1929; re-en. Sec. 2762.2, R.C.M. 1935; R.C.M. 1947, 82-1234.  
  50-39-203. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 3, Ch. 53, L. 1929; re-en. 2762.3, R.C.M. 1935; R.C.M. 1947, 82-1235.  
  50-4-101. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 1, Ch. 606, L. 1993.  
  50-4-102. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 2, Ch. 606, L. 1993.  
  50-4-103. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 1, Ch. 378, L. 1995.  
  50-4-104. State health care policy. (1) It is the policy of the state of Montana to continue to investigate and develop strategies that result in all residents having access to quality health services at costs that are affordable.   (2) It is further the policy of the state of Montana that:   (a) Montana's health care system should ensure that care is delivered in the most effective and efficient manner possible;   (b) health promotion, preventative health services, and public health services should play a central role in the system;   (c) the patient-provider relationship should be a fundamental component of Montana's health care system;   (d) individuals should be encouraged to play a significant role in determining their health and appropriate use of the health care system;   (e) accurate and timely health care information should play a significant role in determining the individual's health and appropriate use of the health care system;   (f) whenever possible, market-based approaches should be relied on to contain the growth in health care spending while attempting to achieve expanded access, cost containment, and improved quality; and   (g) the process of health care reform in Montana should be carried out gradually and sequentially to ensure that any undesirable impacts of the state's reform policies on other aspects of the state's economy, particularly on small businesses, are minimized.   (3) The legislature recognizes the need to increase the emphasis on the education of consumers of health care services. Consumers should be educated concerning the health care system, payment for services, ultimate costs of health care services, and the benefit to consumers generally of providing only those services to the consumer that are reasonable and necessary.   History: En. Sec. 2, Ch. 378, L. 1995.  
  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.   History: En. Sec. 1, Ch. 420, L. 2013; amd. Sec. 12, Ch. 262, L. 2021. 
  50-4-106. Definitions. As used in 50-4-106 through 50-4-109, the following definitions apply:  (1) "Direct fee" means a fee charged by a health care provider to a patient or a patient's designee for health care services provided by, or to be provided by, the health care provider to the patient. The term includes a fee in any form, including but not limited to a:   (a) monthly retainer;   (b) membership fee;   (c) subscription fee;   (d) fee paid under a direct patient service agreement; or   (e) fee for a service, visit, or episode of care.   (2) "Direct patient care" means a health care service provided by a health care provider to a patient in return for payment in accordance with a direct fee. The term includes services provided by means of telehealth as defined in 33-22-138.   (3) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.   (4) "Health care services" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.   History: En. Sec. 1, Ch. 262, L. 2021. 
  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.   History: En. Sec. 2, Ch. 262, L. 2021. 
  50-4-108. Disclosure required. A direct patient care agreement must prominently display a written disclaimer that is either printed on or accompanies all application and guideline materials distributed by or on behalf of the agreement. The disclaimer must read substantially as follows:  Notice: The organization facilitating the direct patient care agreement is not an insurance company, and the direct patient care company guidelines and agreement operation are not an insurance policy. The agreement does not meet any individual health insurance mandate that may be required by federal law. Participation in the direct patient care agreement or a subscription to any of its documents should not be considered to be a health insurance policy. Regardless of whether you receive treatment for medical issues through the direct patient care agreement, you are always personally responsible for the payment of any additional medical expenses that you may incur.   History: En. Sec. 3, Ch. 262, L. 2021. 
  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.   History: En. Sec. 4, Ch. 262, L. 2021. 
  50-4-110 reserved. 
  50-4-111. Health care sharing ministry -- definition -- requirements. (1) As used in this section, "health care sharing ministry" means a nonprofit organization:  (a) that is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code and is exempt from taxation under section 501(a);   (b) whose members:   (i) share a common set of ethical or religious beliefs; and   (ii) share medical expenses among members in accordance with those beliefs without regard to the state in which a member resides or is employed;   (c) whose members retain membership even after developing a medical condition;   (d) that conducts an annual audit that is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and that is made available to the public on request; and   (e) that does not use a compensated or commissioned insurance producer, representative, or other person to solicit or enroll members in this state. This subsection (1)(e) does not apply to:   (i) a salaried person employed by the health care sharing ministry who does not receive a form of commission, compensation, or other valuable consideration based on the enrolling of new members; or   (ii) a new member referral program providing credit for existing members of the health care sharing ministry if the program is limited to credit for no more than six new members annually.   (2) A health care sharing ministry shall provide a written disclaimer in 12-point font on or accompanying all applications or guideline materials distributed by or on behalf of the health care sharing ministry that states in substance:   "NOTICE: The health care sharing ministry facilitating the sharing of medical expenses is not an insurance company and does not use insurance agents or pay commissions to insurance agents. The health care sharing ministry's guidelines and plan of operation are not an insurance policy. Without health care insurance, there is no guarantee that you, a fellow member, or any other person who is a party to the health care sharing ministry agreement will be protected in the event of illness or emergency. Regardless of whether you receive any payment for medical expenses or whether the health care sharing ministry terminates, withdraws from the faith-based agreement, or continues to operate, you are always personally responsible for the payment of your own medical bills. If your participation in the health care sharing ministry ends, state law may subject you to a waiting period before you are able to apply for health insurance coverage."   History: En. Sec. 1, Ch. 422, L. 2021. 
  50-4-201. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 3, Ch. 606, L. 1993.  
  50-4-202. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 4, Ch. 606, L. 1993.  
  50-4-203. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 3, Ch. 378, L. 1995; amd. Sec. 1, Ch. 517, L. 1997.  
  50-4-204. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 4, Ch. 378, L. 1995.  
  50-4-205. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 5, Ch. 378, L. 1995.  
  50-4-206. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 6, Ch. 378, L. 1995.  
  50-4-301. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 5, Ch. 606, L. 1993.  
  50-4-302. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 6, Ch. 606, L. 1993.  
  50-4-303. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 7, Ch. 606, L. 1993.  
  50-4-304. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 8, Ch. 606, L. 1993.  
  50-4-305. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 9, Ch. 606, L. 1993.  
  50-4-306. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 11, Ch. 606, L. 1993.  
  50-4-307. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 12, Ch. 606, L. 1993.  
  50-4-308. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 13, Ch. 606, L. 1993.  
  50-4-309. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 14, Ch. 606, L. 1993.  
  50-4-310. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 15, Ch. 606, L. 1993.  
  50-4-311. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 16, Ch. 606, L. 1993.  
  50-4-312. Repealed. Sec. 137, Ch. 114, L. 2003.   History: En. Sec. 1, Ch. 349, L. 1995; amd. sec. 3, Ch. 349, L. 1995.  
  50-4-401. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 17, Ch. 606, L. 1993.  
  50-4-402. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 18, Ch. 606, L. 1993.  
  50-4-403. Terminated. Sec. 3, Ch. 517, L. 1997.   History: En. Sec. 7, Ch. 378, L. 1995.  
  50-4-501. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 10, Ch. 606, L. 1993.  
  50-4-502. Repealed. Sec. 4, Ch. 206, L. 2003.   History: En. Sec. 19, Ch. 606, L. 1993; amd. Sec. 10, Ch. 378, L. 1995.  
  50-4-503. Repealed. Sec. 20, Ch. 378, L. 1995.   History: En. Sec. 20, Ch. 606, L. 1993.  
  50-4-504. Definitions. As used in this part, the following definitions apply:   (1) "Health care" includes both physical health care and mental health care.   (2) "Health care provider" or "provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.   (3) "Health insurer" means any health insurance company, health service corporation, health maintenance organization, insurer providing disability insurance as described in 33-1-207, and to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities.   History: En. Sec. 11, Ch. 378, L. 1995; amd. Sec. 205, Ch. 42, L. 1997; amd. Sec. 1, Ch. 188, L. 1997; amd. Sec. 97, Ch. 114, L. 2003; amd. Sec. 2, Ch. 206, L. 2003; amd. Sec. 26, Ch. 19, L. 2011.  
  50-4-505. Uniform claim forms and procedures. The commissioner of insurance may adopt by rule uniform health insurance claim forms and uniform standards and procedures for the use of the forms and processing of claims, including the submission of claims by means of an electronic claims processing system.   History: En. Sec. 42, Ch. 531, L. 1997; amd. Sec. 98, Ch. 114, L. 2003; amd. Sec. 3, Ch. 206, L. 2003.  
  50-4-506 through 50-4-509 reserved.  
  50-4-510. Short title. Sections 50-4-510 through 50-4-512 may be cited as the "Patient's Right to Know the Costs of Medical Procedures Act".   History: En. Sec. 1, Ch. 206, L. 2009.  
  50-4-511. Legislative purpose. The purpose of 50-4-510 through 50-4-512 is to provide health care consumers with better information on the cost of their medical care and to introduce elements of competition into the marketplace.   History: En. Sec. 2, Ch. 206, L. 2009.  
  50-4-512. Disclosures required of health care providers. (1) Upon request of a patient or a patient's agent, a health care provider, outpatient center for surgical services, clinic, or hospital shall provide the patient or the patient's agent with its estimated charge for a health care service or course of treatment that exceeds $500. The estimate must be provided for a service that a patient is receiving or has been recommended to receive. The estimate must be provided at the time the service is scheduled or within 10 business days of the patient's or agent's request.   (2) The patient or patient's agent may request that the information required under this section be provided in writing or electronically.   (3) The estimated charge:   (a) must represent a good faith effort to provide accurate information to the patient or the patient's agent;   (b) is not a binding contract upon the parties; and   (c) is not a guarantee that the estimated amount will be the charged amount or will account for unforeseen conditions.   History: En. Sec. 3, Ch. 206, L. 2009.  
  50-4-513 through 50-4-515 reserved.  
  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".   History: En. Sec. 3, Ch. 207, L. 2009.  
  50-4-517. Legislative purpose. The purpose of 50-4-516 through 50-4-518 is:   (1) to provide health care consumers with better information regarding the portion of their health care costs that will be paid by their health insurer and the portion that they will have to pay themselves; and   (2) to introduce elements of competition into the marketplace.   History: En. Sec. 4, Ch. 207, L. 2009.  
  50-4-518. Disclosures required of health insurers -- limitations. (1) When requested by an insured or the insured's agent, a health insurer shall provide a summary of the insured's coverage for a specific health care service or course of treatment when an actual charge or estimate of charges by a health care provider, outpatient center for surgical services, clinic, or hospital exceeds $500.   (2) The insured or insured's agent may request that the information required under this section be provided in writing or electronically.   (3) The health insurer shall make a good faith effort to provide accurate information under this section. The health insurer is only required to provide information under this section based upon cost estimates and procedure codes obtained by the insured from the insured's health care provider.   History: En. Sec. 5, Ch. 207, L. 2009.  
  50-4-601. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 37, Ch. 606, L. 1993; amd. Sec. 12, Ch. 378, L. 1995; amd. Secs. 1, 10, Ch. 526, L. 1995.  
  50-4-602. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 38, Ch. 606, L. 1993; amd. Sec. 2, Ch. 526, L. 1995.  
  50-4-603. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 39, Ch. 606, L. 1993; amd. Sec. 13, Ch. 378, L. 1995; amd. Secs. 3, 10, Ch. 526, L. 1995; amd. Sec. 1, Ch. 119, L. 2007.  
  50-4-604. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 40, Ch. 606, L. 1993; amd. Sec. 14, Ch. 378, L. 1995.  
  50-4-605. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 19, Ch. 378, L. 1995; amd. Sec. 206, Ch. 42, L. 1997; amd. Sec. 2, Ch. 188, L. 1997.  
  50-4-606 through 50-4-608 reserved.  
  50-4-609. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 41, Ch. 606, L. 1993; amd. Sec. 15, Ch. 378, L. 1995.  
  50-4-610. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 42, Ch. 606, L. 1993; amd. Sec. 16, Ch. 378, L. 1995.  
  50-4-611. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 43, Ch. 606, L. 1993; amd. Sec. 17, Ch. 378, L. 1995; amd. Secs. 4, 10, Ch. 526, L. 1995.  
  50-4-612. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 44, Ch. 606, L. 1993; amd. Sec. 18, Ch. 378, L. 1995.  
  50-4-613 through 50-4-620 reserved.  
  50-4-621. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 5, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.  
  50-4-622. Repealed. Sec. 1, Ch. 467, L. 2019.   History: En. Sec. 6, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.  
  50-4-623. Repealed. Sec. 10, Ch. 17, L. 2013.   History: En. Sec. 7, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.  
  50-4-701. Definitions. As used in this part, the following definitions apply:   (1) "Commissioner" means the Montana state auditor and ex officio commissioner of insurance provided for in 2-15-1903.   (2) "Control or governance" means the possession, indirect or direct, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise unless the power is solely the result of an official position with a corporate office held by the person.   (3) (a) "Conversion" or "conversion transaction" means the sale, transfer, lease, exchange, transfer by exercise of an option, optioning, conveyance, merger, affiliation, mutualization, joint venture, or other disposition by a nonprofit health entity or another person or entity resulting in the transfer of control or governance to a person or entity other than the nonprofit health entity of the lesser of:   (i) more than 10% in fair market value of the assets or operations of a nonprofit health entity; or   (ii) assets of a nonprofit health entity amounting to a fair market value of $5 million or more.   (b) A disposition or transfer constitutes a conversion transaction regardless of whether it occurs directly or indirectly and whether it occurs in a single transaction or a series of related transactions. In determining the value of a tangible asset under this definition, the value of the asset must be calculated net of any mortgage, lien, or other encumbrance on the asset that exists of record.    (c) The term does not include:   (i) a transaction in the ordinary course of the nonprofit health entity's business that does not result in a material change in the nonprofit health entity's ownership, management structure, or nonprofit corporate mission;   (ii) a transaction or series of transactions in the ordinary course of a nonprofit health entity's business if the effect of the transaction or series of transactions is not to convert the nonprofit health entity from a nonprofit to a for-profit entity, to transfer the nonprofit health entity's business or operations to a for-profit entity, or to transfer the control or benefit of public assets and the proceeds of public assets to a mutual benefit or for-profit entity;   (iii) awards, grants, or payments to or on behalf of intended members or beneficiaries, consistent with the lawful purposes of a nonprofit health entity;   (iv) a change in the membership of the board of directors or officers of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity if the change in membership does not result in a change in the nonprofit corporate status of the nonprofit health entity, does not result from a transfer of control, governance, or ownership of the nonprofit health entity, and does not result from transfer of a power of appointment of directors or officers of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity;   (v) settlement, satisfaction, or payment of a claim or suit against or debt of the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity incurred in the ordinary course of business;   (vi) execution of a promissory note, guaranty, or other evidence of indebtedness for the amount of a loan, the proceeds of which are paid solely to the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity;   (vii) any payment, transfer, or other transaction required by law or by order of any authorized administrative officer or agency, including but not limited to payment of taxes, fees, fines, penalties, or other assessments to a government or a nonprofit health entity or a transaction ordered by the commissioner or the attorney general;   (viii) purchases, sales, or transfers in the ordinary course of business for fair market value of cash or cash equivalents owned by the nonprofit health entity or any wholly owned subsidiary in exchange for goods, products, services, or an interest in property, including but not limited to stocks, shares, bonds, notes, evidences of indebtedness, negotiable instruments, or an ownership interest in an entity, to be held by the nonprofit health entity or its wholly owned subsidiary;   (ix) granting of an encumbrance in the ordinary course of business, such as a security interest or mortgage deed with respect to an asset owned by the nonprofit health entity or a wholly owned subsidiary of the nonprofit health entity to secure indebtedness for borrowed money, the net proceeds of which are paid solely to the nonprofit health entity or its wholly owned subsidiary, and a foreclosure or other exercise of remedies permitted with respect to an encumbrance;   (x) sale, investment, or transfer in the ordinary course of business for fair market value of an interest in property owned by the nonprofit health entity or a wholly owned subsidiary, the net proceeds of which are paid solely to the nonprofit health entity or its wholly owned subsidiary;   (xi) any transfer of assets between a nonprofit health entity that is a nonprofit public benefit corporation and a nonprofit mutual benefit corporation in which all of the members are nonprofit public benefit corporations, provided that the management of all assets transferred by a nonprofit public benefit corporation in a transaction described in this subsection (3)(c)(xi) continue to be managed in a manner consistent with the public benefit purpose of the transferring nonprofit public benefit corporation; or   (xii) any other transaction or proposed transaction for fair market value if:   (A) the nonprofit health entity or its wholly owned subsidiary retains or will retain substantially the same degree of control, governance, or ownership of the proceeds of the transaction that the nonprofit health entity or its wholly owned subsidiary held in the assets or operations prior to the transaction or proposed transaction;   (B) the nonprofit health entity maintains its operations as a nonprofit health entity and public assets or the proceeds of public assets are maintained as public assets; and   (C) none of the assets or operations of the nonprofit health entity or its wholly owned subsidiary inure or will inure directly or indirectly to the benefit of any officer, director, trustee, or employee of the nonprofit health entity or its wholly owned subsidiary.   (4) "Fair market value" means the fair market value as of the date of the transaction or proposed transaction as determined by an independent appraisal of the assets or operations performed and communicated by a qualified appraiser according to applicable professional appraisal standards.   (5) "Health maintenance organization" has the meaning provided in 33-31-102.   (6) "Health service corporation" has the meaning provided in 33-30-101.   (7) (a) "Nonprofit health entity" means:   (i) a nonprofit health maintenance organization; or   (ii) a nonprofit health service corporation.   (b) The term includes any entities affiliated with a nonprofit health entity through ownership, governance, or membership, such as a holding company or subsidiary.   (8) "Ordinary course of business" means with respect to a transaction or disposition that the transaction comports with the usual and customary practices of the kind of business in which the nonprofit health entity is engaged.   (9) "Public assets" include:   (a) assets held for the benefit of the public or the community;   (b) assets in which the public has an ownership interest;   (c) assets owned by a governmental entity; and   (d) assets owned by a nonprofit corporation to the extent that the corporation holds assets in a charitable trust.   (10) "Transferee" means the person in a conversion transaction that receives the ownership or control of the nonprofit health entity that is the subject of the conversion transaction or of the nonprofit health entity's assets.   (11) "Transferor" means the nonprofit health entity that is the subject of the conversion transaction or the corporation that owns the nonprofit health entity that is the subject of the conversion transaction.   History: En. Sec. 1, Ch. 214, L. 2005.  
  50-4-702. Conversion transaction -- approval. A person may not engage in a conversion transaction involving a nonprofit health entity unless the commissioner and the attorney general issue orders approving the conversion transaction.   History: En. Sec. 2, Ch. 214, L. 2005.  
  50-4-703. Rulemaking authority. The commissioner and the attorney general may adopt rules to carry out this part, including rules that:   (1) specify the form and content of the written notice, required documents, and supplemental information;   (2) develop procedures under which proprietary business information and trade secrets are protected from public disclosure for the purposes of 50-4-708 to the extent allowed by law; and   (3) establish hearing and appeal procedures.   History: En. Sec. 3, Ch. 214, L. 2005; amd. Sec. 28, Ch. 399, L. 2007.  
  50-4-704. Rights and powers. (1) (a) This part may not be construed to impair the rights and powers of a court or the attorney general with respect to the assets of any public benefit corporation, to any asset devoted to charity, or to a charitable trust as provided in 72-38-820 through 72-38-826.   (b) Filing of an application under this part satisfies any notice requirements under 35-2-609, 35-2-617, or 35-2-722.   (2) (a) (i) Nothing in this part precludes the attorney general, the commissioner, or a nonprofit health entity from filing an action in district court under Title 27, chapter 8, seeking a declaration that a nonprofit health entity transaction is or is not a conversion transaction, as defined in 50-4-701, or a declaration of whether assets of a nonprofit health entity are or are not public assets as defined in 50-4-701. No other declaratory relief may be sought in a court regarding any issue arising from a transaction that is or is alleged to be a conversion transaction under this part, except that a transferor or transferee may file an action in district court seeking an injunction prohibiting the attorney general or commissioner from making an unlawful disclosure of trade secrets or proprietary or other confidential information.   (ii) In an action under this subsection (2) to determine whether assets of a nonprofit health entity are or are not public assets, the presumption in 50-4-715(3) applies.   (b) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to bring or defend an action pursuant to this subsection (2) and the nonprofit health entity shall pay the costs reasonably incurred by the commissioner or the attorney general for the experts' services.   (c) In an action under this subsection (2), if the court finds that the transaction is a conversion transaction subject to this part and the transaction has not been completed, the court shall enter an injunction prohibiting any further actions to complete the transaction until it has been approved by the commissioner and attorney general under 50-4-702.   (d) In an action under this subsection (2), if the court finds that a completed transaction was a conversion transaction that the commissioner and attorney general have not approved under 50-4-702, the court shall enter an injunction requiring the nonprofit health entity or any successor to the assets involved in the transaction to submit an application for review under 50-4-707. After reviewing any application submitted following a court order under this subsection (2)(d), the attorney general may direct that the nonprofit health entity or any successor to the assets involved in the transaction distribute the fair market value of any public assets involved in the transaction as required under 50-4-720.   (e) The court issuing the declaratory judgment retains jurisdiction to enforce any direction by the attorney general for distribution of the fair market value of public assets under this subsection (2).   (3) This part may not be construed to make void or voidable or to require any distribution of assets with respect to any transaction or series of transactions completed before April 8, 2005, even if that transaction or series of transactions is considered as part of a conversion transaction completed on or after April 8, 2005.   History: En. Sec. 4, Ch. 214, L. 2005.  
  50-4-705 and 50-4-706 reserved.  
  50-4-707. Application process -- content. (1) A person that seeks to engage in a conversion transaction for a nonprofit health entity and the nonprofit health entity shall submit an application to the commissioner and a copy of the application to the attorney general.   (2) The application submitted under subsection (1) is in addition to any other filing required by law.   (3) An application must include:   (a) the name of the proposed transferor;   (b) the name of the proposed transferee;   (c) the names of any other parties to the conversion transaction agreement;   (d) the terms of the proposed conversion transaction, including but not limited to a description and valuation of all consideration exchanges as a part of or as a result of the conversion and the extent to which the assets proposed to be converted are public assets;   (e) a copy of the conversion transaction agreement;   (f) a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in 50-4-715 through 50-4-717;   (g) an independent valuation of the fair market value of the nonprofit health entity for a valuation date within 1 year prior to receipt by the nonprofit health entity or publication of a bona fide bid, offer, or letter of intent to acquire the nonprofit health entity; and   (h) an antitrust analysis prepared by an appropriate expert.   History: En. Sec. 5, Ch. 214, L. 2005.  
  50-4-708. Public records. All documents and records, excluding any proprietary or confidential information as defined by law, submitted to the commissioner or attorney general by any person, including a nonprofit health entity making application under 50-4-707, in connection with the commissioner's and the attorney general's review of the proposed nonprofit health entity conversion transaction are public records to the extent required by the provisions of applicable state law. The contents of the application submitted to the commissioner pursuant to 50-4-707 are a public record, except that any proprietary information or trade secret that may by law be kept confidential is not a public record.   History: En. Sec. 6, Ch. 214, L. 2005.  
  50-4-709. Receiving an application -- notice of application. (1) Within 15 working days after receiving an application for a conversion transaction, the commissioner shall:   (a) publish notice of the application by the internet and by press release to the most widely circulated newspapers in a nonprofit health entity's service area; and   (b) maintain a list of, and notify by e-mail or first-class mail, any person that has requested in writing notice of the filing of an application.   (2) The notice under subsection (1) must:   (a) state that an application has been received;   (b) state the names of the parties to the conversion transaction;   (c) describe the contents of the application;   (d) state the date by which a person shall submit written comments on the application; and   (e) provide the date, time, and place of the public hearing on the conversion transaction.   History: En. Sec. 7, Ch. 214, L. 2005.  
  50-4-710. Public hearing. (1) As soon as practicable, but no later than 90 days after receiving a complete application for a conversion transaction, including all necessary expert reports, the commissioner or a designee shall hold a public hearing.   (2) Any person may file written comments and exhibits or make a statement at the public hearing.   History: En. Sec. 8, Ch. 214, L. 2005.  
  50-4-711. Procedures. (1) In the hearing required by 50-4-710, the commissioner and the attorney general shall agree on and jointly appoint a qualified person to preside over the hearing. The commissioner, the attorney general, the transferor, and the transferee may use discovery procedures as provided in Title 25, chapter 20. Except as otherwise specifically provided in this section, the procedures for conducting a contested case hearing, as provided in 2-4-611(3) and (4), 2-4-612 through 2-4-614, and 2-4-621 through 2-4-623, and the procedures for judicial review of contested case decisions under Title 2, chapter 4, part 7, apply.   (2) Notwithstanding any otherwise applicable rule of evidence, the commissioner and attorney general shall provide for the receipt of comments from the public in writing or on the record at the hearing. Oral public comments are not subject to cross-examination without the consent of the person providing the comments. However, the commissioner and the attorney general may rely on factual information provided in public comment only if the person providing the comment consents to cross-examination or the commissioner or the attorney general makes a specific finding that the factual information meets the requirements of Rule 804(b)(5) of the Montana Rules of Evidence.   History: En. Sec. 9, Ch. 214, L. 2005.  
  50-4-712. Experts. (1) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to:   (a) determine whether to approve a conversion transaction generally;   (b) perform an independent valuation of fair market value of the public assets of the transferor;   (c) evaluate the impact of the conversion on the affected community;   (d) determine whether there has been due diligence by the transferor in evaluating the proposed conversion transaction; and   (e) determine the existence of any conflicts of interest.   (2) If the commissioner or attorney general contracts for expert assistance under subsection (1), the transferor and the transferee shall each pay half of the costs reasonably incurred by the commissioner or the attorney general for the expert's services.   History: En. Sec. 10, Ch. 214, L. 2005.  
  50-4-713. Deadline for approval or nonapproval. (1) Within 60 days after the record, including the public hearing process, has been closed, the commissioner and the attorney general shall each issue a separate order to:   (a) approve the conversion transaction, with or without modifications; or   (b) disapprove the conversion transaction.   (2) If the commissioner and the attorney general do not both determine that the conversion transaction is approved, the conversion transaction is disapproved.   (3) Subject to subsection (4), the commissioner or the attorney general may, for cause, extend the time for making a determination for a 60-day period.   (4) The commissioner and the attorney general are limited to a maximum of two 60-day extensions for making a determination on the same application.   History: En. Sec. 11, Ch. 214, L. 2005.  
  50-4-714. Effect of determination. Determinations made by the commissioner and the attorney general under 50-4-713 become effective on the date on which both the commissioner and the attorney general have issued orders under 50-4-713.   History: En. Sec. 12, Ch. 214, L. 2005.  
  50-4-715. Criteria for attorney general approval of conversion transaction. (1) The attorney general may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the attorney general may not disapprove the conversion transaction under the provisions of this part.   (2) In determining whether a conversion transaction is in the public interest, the attorney general shall require that:   (a) the fair market value of public assets is preserved and protected;   (b) the fair market value of public assets is expended or invested with reasonable and prudent consideration of the potential risk of financial loss associated with the conversion transaction;   (c) the fair market value of the public assets of a nonprofit health entity will be distributed as provided in 50-4-720;   (d) no part of the public assets of the transferor inure directly or indirectly to an officer, director, or trustee of the transferor or to the transferee or an officer, director, trustee, shareholder, or employee of the transferee or to any other person that is not a foundation or nonprofit organization approved to receive the assets by the attorney general; and   (e) an officer, director, or trustee of the nonprofit health entity does not receive any immediate or future remuneration as a result of a proposed conversion transaction except for the reasonable value of services rendered pursuant to a valid contract between the officer, director, or trustee and the nonprofit health entity.   (3) For purposes of the attorney general's review under 35-2-609, 35-2-617, and this section, there is a rebuttable presumption that the assets of a nonprofit health entity are public assets.   History: En. Sec. 13, Ch. 214, L. 2005.  
  50-4-716. Criteria for distribution of assets. (1) The public assets distributed to a foundation or nonprofit organization in accordance with 50-4-715 or 50-4-720 must be in the form of cash or a combination of cash and publicly traded securities or bonds or similar assets that are readily convertible to cash and for which a secondary market exists.   (2) The attorney general may determine that a distribution of assets of a nonprofit health entity is not required if the transaction is determined not to be a conversion transaction and is a transaction in the ordinary course of business and for fair market value.   (3) In determining fair market value, the attorney general may consider all relevant factors that may include but are not limited to:   (a) the value of the nonprofit health entity or an affiliate or the assets of the nonprofit health entity or affiliate that are determined as if the nonprofit health entity or affiliate had voting stock outstanding and 100% of its stock was freely transferable and available for purchase without restriction;   (b) the value as a going concern;   (c) the market value;   (d) the investment or earnings value;   (e) the net asset value; and   (f) a control premium, if any.   History: En. Sec. 14, Ch. 214, L. 2005.  
  50-4-717. Criteria for commissioner approval of conversion transaction. (1) The commissioner may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the commissioner may not disapprove the conversion transaction under the provisions of this part.   (2) In determining whether a conversion transaction is in the public interest, the commissioner shall consider:   (a) whether the transferor exercised due diligence in deciding to engage in a conversion transaction, selecting the transferee, and negotiating the terms and conditions of the conversion transaction;   (b) the procedures that the transferor used in making the decision, including whether appropriate expert assistance was used;   (c) whether any conflicts of interest were disclosed, including conflicts of interest of board members, executives, and experts retained by the transferor, transferee, or any other parties to the conversion transaction;   (d) whether the conversion has the likelihood of creating a significant adverse effect on the availability or accessibility of health care services or health insurance coverage in the affected community;   (e) whether the conversion transaction includes sufficient safeguards to ensure that the affected community will have continued access to affordable health care;   (f) whether any management contract under the conversion transaction is for reasonable value; and   (g) whether the conversion transaction:   (i) is equitable to the public interest, enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;   (ii) is in compliance with Title 33, chapters 30 and 31;   (iii) ensures that the transferee will possess surplus in an amount sufficient to comply with the surplus required under law and provide for the security of the transferee's certificate holders, if any, and policyholders.   (3) In making the determination required under this section, the commissioner may not determine that a conversion transaction is in the public interest unless the nonprofit health entity considered the risks of a conversion transaction, including whether a conversion transaction:   (a) would result in inefficient economies of scale; or   (b) would violate federal or state antitrust laws.   (4) If an agreement for the conversion of a nonprofit health entity requires payment of money, as liquidated damages or otherwise, in the event of a breach of the agreement by the nonprofit health entity, the commissioner shall determine whether and to what extent the payment by the nonprofit health entity is in the public interest.   History: En. Sec. 15, Ch. 214, L. 2005.  
  50-4-718. Deposit of assets. Any public assets distributed pursuant to 50-4-716 as a result of the conversion transaction of a nonprofit health entity approved by the commissioner and the attorney general on or after April 8, 2005, must be distributed as provided in 50-4-720.   History: En. Sec. 16, Ch. 214, L. 2005.  
  50-4-719. For-profit health entity. (1) A corporation that becomes a for-profit health entity under this part may not be considered to have abandoned its corporate status by virtue of a conversion transaction unless the conversion transaction provides specifically to the contrary.   (2) The certificate of authority, agent appointments, licenses, forms, and any other filings in existence at the time of a conversion transaction continue in full force and effect upon a conversion transaction if a corporation at all times remains qualified to engage in business in the state.   (3) All outstanding contracts of a transferor remain in full force and effect and need not be otherwise endorsed unless ordered by the commissioner.   History: En. Sec. 17, Ch. 214, L. 2005.  
  50-4-720. Distribution of proceeds -- annual report. (1) Except as provided in subsection (5), the proceeds of a conversion transaction that are public assets must be distributed to an existing or new foundation or other nonprofit organization to be held in a trust that meets the following requirements:   (a) The foundation or nonprofit organization shall operate pursuant to 26 U.S.C. 501(c)(3) or 501(c)(4), and regardless of whether the foundation is classified as a private foundation under 26 U.S.C. 509, the foundation or nonprofit organization shall operate in accordance with the restrictions and limitations that apply to private foundations in 26 U.S.C. 4941 through 4945.   (b) The foundation or nonprofit organization must have a mission statement that is as close as possible to the mission of the converting nonprofit health entity.   (c) The foundation or nonprofit organization's assets may not be used to supplant government funds.   (d) The foundation or nonprofit organization may not be an agent or instrumentality of the government.   (e) The foundation or nonprofit organization and its directors, officers, and staff must be and shall remain independent of the parties to the conversion transaction and their affiliates. A person who is an officer, director, or staff member of a nonprofit health entity submitting a conversion plan at the time that the plan is submitted or at the time of the conversion transaction or within 5 years after the conversion may not be an officer, director, or staff member of the foundation. A director, officer, agent, or employee of the nonprofit health entity submitting the plan or the foundation receiving the charitable assets may not benefit directly or indirectly from the transaction. Public officials, elected or appointed, may not serve as an officer, director, or staff member of the foundation or nonprofit organization.   (f) A foundation or nonprofit organization must have or shall establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting:   (i) any party to the conversion transaction or members of the board of directors and management of a party to the conversion transaction; or   (ii) the foundation or nonprofit organization's board of trustees, directors, agents, or employees.   (g) Boards of trustees or directors of the foundation or nonprofit organization shall reflect the geographic, ethnic, gender, age, socioeconomic, and other factors that the board considers to represent the diversity of the nonprofit health entity applicant's service area. In addition, trustees or directors must have the following qualifications and qualities:   (i) interest in and concern for the foundation or nonprofit organization and its mission;   (ii) objectivity and impartiality;   (iii) willingness and ability to commit time and thought to the foundation or nonprofit organization's affairs; and   (iv) commitment to the foundation or nonprofit organization as a whole and not to a special interest.   (h) Boards of trustees or directors must include persons with special knowledge, expertise, and skills in investments and asset management, finance, and nonprofit administration.   (2) A foundation or nonprofit organization that receives a distribution of public assets shall submit an annual report to the commissioner and to the attorney general regarding the award of grants and other charitable activities of the entity related to its use of the public assets received.   (3) The annual report submitted under subsection (2) must be made available to the public at the principal office of the foundation or nonprofit organization.   (4) The attorney general shall retain oversight and monitoring authority over the foundation or nonprofit organization that receives the proceeds of a proposed conversion transaction.   (5) Notwithstanding any other provision of this section, the proceeds of a conversion transaction that are public assets of a nonprofit mutual benefit corporation in which all of the members are nonprofit public benefit corporations may be distributed to the member nonprofit public benefit corporations if the articles of incorporation of the nonprofit mutual benefit corporation provide for that distribution.   History: En. Sec. 18, Ch. 214, L. 2005.  
  50-4-801. Short title. This part may be cited as the "Montana Community Health Center Support Act".   History: En. Sec. 1, Ch. 436, L. 2007.  
  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.   History: En. Sec. 2, Ch. 436, L. 2007.  
  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.   History: En. Sec. 3, Ch. 436, L. 2007; amd. Sec. 2, Ch. 81, L. 2017.  
  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.   History: En. Sec. 8, Ch. 436, L. 2007.  
  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.   History: En. Sec. 4, Ch. 436, L. 2007; amd. Sec. 1, Ch. 336, L. 2009; amd. Sec. 14, Ch. 120, L. 2013; amd. Sec. 3, Ch. 81, L. 2017.  
  50-4-806. Grants -- application process -- obligation of communities. (1) In order to receive funds under 50-4-805, a community or tribal board shall submit a proposal to the department for:   (a) increasing access to health care services by:   (i) creating new primary care and preventive care services; and   (ii) developing sliding scale charge and billing systems; or   (b) expanding existing services by:   (i) increasing medical, dental, or mental health capacity;   (ii) purchasing equipment; or   (iii) renovating clinic facilities.   (2) A proposal funded under this part must ensure the board's commitment to attract federal funds for primary care services.   (3) Entities receiving a state grant to start up or expand services shall also seek section 330 funds for those services and may not receive state funding after federal funds are acquired.   History: En. Sec. 5, Ch. 436, L. 2007.  
  50-4-807 through 50-4-809 reserved.  
  50-4-810. Repealed. Sec. 9, Ch. 81, L. 2017.   History: En. Sec. 6, Ch. 436, L. 2007.  
  50-4-811. Repealed. Sec. 9, Ch. 81, L. 2017.   History: En. Sec. 7, Ch. 436, L. 2007.  
  50-4-812 through 50-4-814 reserved.  
  50-4-815. Community health center account. (1) There is a community health center account in the state special revenue fund to the credit of the department to provide grants for community health centers.   (2) Money appropriated by the legislature for community health centers must be deposited into the account.   (3) Money must be allocated from the account in accordance with the procedures outlined in 50-4-805 and 50-4-806.   History: En. Sec. 9, Ch. 436, L. 2007.  
  50-4-901. Short title. This part may be cited as the "Montana Health Care Freedom Act".   History: En. Sec. 1, Ch. 310, L. 2011.  
  50-4-902. Health insurance purchase mandate prohibited -- exceptions. (1) The state or federal government may not:   (a) mandate or require a person or entity to purchase health insurance coverage as defined in 33-22-140; or   (b) impose a penalty, tax, fee, or fine of any type if a person or entity declines to purchase health insurance coverage.   (2) This section does not apply to a requirement to purchase health insurance coverage that is imposed by:   (a) a court when an individual or entity is a named party in a judicial dispute;   (b) the department of public health and human services as part of a child support enforcement action; or   (c) the Montana university system as a requirement for students.   History: En. Sec. 2, Ch. 310, L. 2011.  
  50-40-101. Short title. This part may be cited as the "Montana Clean Indoor Air Act of 1979".   History: En. Sec. 1, Ch. 368, L. 1979.  
  50-40-102. Intent -- purpose. The legislature finds and declares that the purposes of this part are as follows:   (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment;   (2) to recognize the right of nonsmokers to breathe smoke-free air; and   (3) to recognize that the need to breathe smoke-free air has priority over the desire to smoke.   History: En. Sec. 2, Ch. 368, L. 1979; amd. Sec. 4, Ch. 361, L. 2003; amd. Sec. 2, Ch. 268, L. 2005.  
  50-40-103. Definitions. As used in this part, the following definitions apply:   (1) "Bar" means an establishment with a license issued pursuant to Title 16, chapter 4, that is devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food is only incidental to the service of alcoholic beverages or gambling operations. The term includes but is not limited to taverns, night clubs, cocktail lounges, and casinos.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Enclosed public place" means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:   (a) restaurants;   (b) stores;   (c) public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201, and state government;   (d) trains, buses, and other forms of public transportation;   (e) health care facilities;   (f) auditoriums, arenas, and assembly facilities;   (g) meeting rooms open to the public;   (h) bars;   (i) community college facilities;   (j) facilities of the Montana university system; and   (k) public schools, as provided for in 20-1-220 and 50-40-104.   (4) "Establishment" means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible.   (5) "Incidental to the service of alcoholic beverages or gambling operations" means that at least 60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling receipts, or both.   (6) "Person" means an individual, partnership, corporation, association, political subdivision, or other entity.   (7) "Place of work" means an enclosed room where one or more individuals work.   (8) "Smoking" or "to smoke" includes the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana.   History: En. Sec. 3, Ch. 368, L. 1979; amd. Sec. 1, Ch. 460, L. 1981; amd. Sec. 133, Ch. 418, L. 1995; amd. Sec. 312, Ch. 546, L. 1995; amd. Sec. 3, Ch. 268, L. 2005; amd. Sec. 1, Ch. 7, L. 2011; amd. Sec. 21, Ch. 123, L. 2013; amd. Sec. 49, I.M. No. 190, approved Nov. 3, 2020.  
  50-40-104. Smoking in enclosed public places prohibited -- notice to public -- places where prohibition inapplicable. (1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.   (2) The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.   (3) The proprietor or manager of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus.   (4) The prohibition in subsection (1) does not apply to the following places, whether or not the public is allowed access to those places:   (a) a private residence unless it is used for any of the following purposes, in which case the prohibition in subsection (1) applies:   (i) a family day-care home or group day-care home, as defined in 52-2-703 and licensed pursuant to Title 52, chapter 2, part 7;   (ii) an adult foster care home, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5; or   (iii) a health care facility, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5;   (b) a private motor vehicle;   (c) school property in which smoking is allowed pursuant to the exception in 20-1-220;   (d) a hotel or motel room designated as a smoking room and rented to a guest; however, not more than 35% of the rooms available to rent to guests may be designated as smoking rooms; and   (e) a site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.   History: En. Sec. 4, Ch. 368, L. 1979; amd. Sec. 2, Ch. 460, L. 1981; amd. Sec. 2, Ch. 505, L. 1985; amd. Sec. 1, Ch. 458, L. 1989; (4)En. Sec. 2, Ch. 281, L. 1991; amd. Sec. 4, Ch. 268, L. 2005; amd. Sec. 28, Ch. 19, L. 2011.  
  50-40-105. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 5, Ch. 368, L. 1979; amd. Sec. 1, Ch. 281, L. 1991.  
  50-40-106. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 6, Ch. 368, L. 1979.  
  50-40-107. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 7, Ch. 368, L. 1979; amd. Sec. 2, Ch. 466, L. 1989; amd. Sec. 5, Ch. 539, L. 1991.  
  50-40-108. Enforcement. The provisions of this part must be supervised and enforced by the department and the department's designees, local boards of health, and the boards' designees under the direction of the department.   History: En. Sec. 8, Ch. 368, L. 1979; amd. Sec. 5, Ch. 268, L. 2005.  
  50-40-109. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 3, Ch. 460, L. 1981.  
  50-40-110. Rulemaking required. The department shall adopt rules to implement this part.   History: En. Sec. 9, Ch. 268, L. 2005.  
  50-40-111 through 50-40-114 reserved.  
  50-40-115. Penalties. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104. A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.   (2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:   (a) a warning for the first violation;   (b) a written reprimand for a second violation; and   (c) within any 3-year period, a fine of:   (i) $100 for a third violation;   (ii) $200 for a fourth violation; and   (iii) $500 for a fifth or subsequent violation.   (3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119, 23-5-177, or 23-5-611(1)(a) or (1)(c).   History: En. Sec. 8, Ch. 268, L. 2005.  
  50-40-116 through 50-40-119 reserved.  
  50-40-120. Terminated. Sec. 14, Ch. 268, L. 2005.   History: En. Sec. 7, Ch. 268, L. 2005.  
  50-40-201. Local government buildings -- smoking prohibited. (1) In all parts of buildings maintained by a political subdivision, smoking is prohibited as provided in this section.   (2) Buildings owned and occupied by a political subdivision only and buildings leased and occupied by a political subdivision only must be smoke-free. In a building leased and occupied by a political subdivision and another entity, the on-the-scene manager of the political subdivision activity located in the building shall make the portions of the building occupied by the political subdivision activity smoke-free and is encouraged to work with the building owner or other tenants to make the building smoke-free.   (3) Restrictions contained in this section and imposed by the governing body apply uniformly to the employees of the political subdivision and the public.   History: En. Sec. 1, Ch. 505, L. 1985; amd. Sec. 1, Ch. 466, L. 1989; amd. Sec. 6, Ch. 539, L. 1991; amd. Sec. 1, Ch. 274, L. 1999; amd. Sec. 6, Ch. 268, L. 2005; amd. Sec. 29, Ch. 19, L. 2011.  
  50-40-202. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 1, Ch. 539, L. 1991; amd. Sec. 4, Ch. 389, L. 1993; amd. Sec. 1, Ch. 271, L. 2001.  
  50-40-203. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 2, Ch. 539, L. 1991; amd. Sec. 3, Ch. 389, L. 1993; amd. Sec. 2, Ch. 271, L. 2001.  
  50-40-204. Repealed. Sec. 4, Ch. 271, L. 2001.   History: En. Sec. 3, Ch. 539, L. 1991; amd. Sec. 5, Ch. 389, L. 1993; amd. Sec. 32, Ch. 308, L. 1995.  
  50-40-205. Repealed. Sec. 4, Ch. 271, L. 2001.   History: En. Sec. 4, Ch. 539, L. 1991; amd. Sec. 6, Ch. 389, L. 1993.  
  50-40-206. Repealed. Sec. 4, Ch. 271, L. 2001.   History: En. Sec. 1, Ch. 389, L. 1993; amd. Sec. 45, Ch. 422, L. 1997.  
  50-40-207. Repealed. Sec. 10, Ch. 268, L. 2005.   History: En. Sec. 3, Ch. 271, L. 2001.  
  50-41-101. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 1, Ch. 454, L. 1979.  
  50-41-102. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 2, Ch. 454, L. 1979.  
  50-41-103. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 3, Ch. 454, L. 1979.  
  50-41-104. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 4, Ch. 454, L. 1979.  
  50-41-105. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 5, Ch. 454, L. 1979.  
  50-41-106. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 6, Ch. 454, L. 1979.  
  50-41-107. Repealed. Sec. 51, Ch. 109, L. 2009.   History: En. Sec. 7, Ch. 454, L. 1979.  
  50-42-101. DMSO defined. As used in this part, "DMSO" means dimethyl sulfoxide.   History: En. Sec. 2, Ch. 333, L. 1981.  
  50-42-102. DMSO authorized. The manufacture, sale, possession, and distribution of DMSO are lawful within this state. However, distribution or sale of DMSO for human use must be by prescription in accordance with 50-31-307. A person who violates this section is subject to the penalties provided for in 50-31-506.   History: En. Sec. 3, Ch. 333, L. 1981.  
  50-42-103. Hospital not to interfere. A hospital or health care facility may not interfere with the physician-patient relationship by restricting or forbidding the use of DMSO when requested by a patient and prescribed or administered by a physician.   History: En. Sec. 4, Ch. 333, L. 1981.  
  50-42-104. Health care facility nonliability. No hospital, health care facility, pharmacy, or employee thereof shall be held liable for the administration of DMSO to any person at the direction of a physician licensed in Montana.   History: En. Sec. 5, Ch. 333, L. 1981.  
  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.   History: En. Sec. 6, Ch. 333, L. 1981; amd. Sec. 1850, Ch. 56, L. 2009.  
  50-42-106. DMSO not endorsed. This part is not an endorsement of DMSO for the treatment of any malignancy, disease, illness, or physical condition.   History: En. Sec. 7, Ch. 333, L. 1981.  
  50-42-107. DMSO optional. This part does not require:   (1) a physician, pharmacist, pharmacy, manufacturer, or distributor to manufacture, sell, or distribute DMSO; or   (2) a physician to prescribe DMSO for any patient.   History: En. Sec. 8, Ch. 333, L. 1981.  
  50-43-101. Purpose. The purpose of this part is to provide for the continuation of medication initiated by a physician for multiple sclerosis. This medication includes the substances described in this part and has been found to be effective in alleviating the symptoms of multiple sclerosis.   History: En. Sec. 1, Ch. 430, L. 1987.  
  50-43-102. Definitions. In this part, the following definitions apply:   (1) "Calcium-EAP" means a calcium salt of the monoester (2-ethylamine) of phosphoric acid.   (2) "Harnosal" means a compound of sulfamethizole and sulfaethidole. A 500-milligram tablet contains 350 milligrams of sulfamethizole and 150 milligrams of sulfaethidole.   (3) "Phosetamin" means a compound of potassium salt of the monoester (2-ethylamine) of phosphoric acid, magnesium salt of the monoester (2-ethylamine) of phosphoric acid, and calcium salt of the monoester (2-ethylamine) of phosphoric acid. A 350-milligram tablet contains 145.8 milligrams of the potassium salt, 145.8 milligrams of the magnesium salt, and 58.4 milligrams of the calcium salt.   History: En. Sec. 2, Ch. 430, L. 1987.  
  50-43-103. Authorization of medication. The manufacture, sale, possession, and distribution of calcium-EAP, harnosal, and phosetamin to provide for the continuation of medication initiated by a physician for multiple sclerosis are lawful within this state.   History: En. Sec. 3, Ch. 430, L. 1987.  
  50-43-104. Health care facility may not interfere. A health care facility may not interfere with the physician-patient relationship by restricting or forbidding the use of calcium-EAP, harnosal, or phosetamin when prescribed or administered by a physician.   History: En. Sec. 4, Ch. 430, L. 1987.  
  50-43-105. Health care facility immunity. No health care facility or employee thereof may be held liable for the administration of calcium-EAP, harnosal, or phosetamin to any person.   History: En. Sec. 5, Ch. 430, L. 1987.  
  50-43-106. Physician not subject to disciplinary action. A physician may not be disciplined by the board of medical examiners for prescribing or administering calcium-EAP, harnosal, or phosetamin to a patient under the physician's care in the treatment of any malignancy, disease, illness, or physical condition.   History: En. Sec. 6, Ch. 430, L. 1987; amd. Sec. 1851, Ch. 56, L. 2009.  
  50-43-107. Medication not endorsed -- permitted as dietary supplement. This part:   (1) is not an endorsement of calcium-EAP, harnosal, or phosetamin for the treatment of any malignancy, disease, illness, or physical condition; and   (2) does not prohibit use of calcium-EAP, harnosal, or phosetamin as a dietary supplement.   History: En. Sec. 7, Ch. 430, L. 1987.  
  50-43-108. Medication not required. This part does not require:   (1) a physician to prescribe calcium-EAP, harnosal, or phosetamin for any patient; or   (2) a physician, pharmacist, pharmacy, manufacturer, or distributor to manufacture, sell, or distribute calcium-EAP, harnosal, or phosetamin.   History: En. Sec. 8, Ch. 430, L. 1987.  
  50-44-101. Repealed. Sec. 30, Ch. 486, L. 2009.   History: En. 71-2501 by Sec. 1, Ch. 453, L. 1975; R.C.M. 1947, 71-2501; Sec. 53-6-201, MCA 1989; redes. 50-44-101 by Code Commissioner, 1991.  
  50-44-102. Repealed. Sec. 30, Ch. 486, L. 2009.   History: En. 71-2502 by Sec. 2, Ch. 453, L. 1975; R.C.M. 1947, 71-2502; amd. Sec. 2, Ch. 692, L. 1983; Sec. 53-6-202, MCA 1989; redes. 50-44-102 by Code Commissioner, 1991; amd. Sec. 134, Ch. 418, L. 1995; amd. Sec. 313, Ch. 546, L. 1995; amd. Sec. 1, Ch. 92, L. 1999.  
  50-44-103. Repealed. Sec. 30, Ch. 486, L. 2009.   History: En. Sec. 2, Ch. 535, L. 2005.  
  50-46-101. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 1, I.M. No. 148, approved Nov. 2, 2004.  
  50-46-102. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 2, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 156, L. 2009.  
  50-46-103. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 3, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 156, L. 2009.  
  50-46-201. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 4, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 4, Ch. 156, L. 2009; amd. Sec. 30, Ch. 419, L. 2011.  
  50-46-202. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 5, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 31, Ch. 419, L. 2011.  
  50-46-203 and 50-46-204 reserved.  
  50-46-205. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 6, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 5, Ch. 156, L. 2009.  
  50-46-206. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 7, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 6, Ch. 156, L. 2009.  
  50-46-207. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 8, I.M. No. 148, approved Nov. 2, 2004.  
  50-46-208 and 50-46-209 reserved.  
  50-46-210. Repealed. Sec. 34, Ch. 419, L. 2011.   History: En. Sec. 9, I.M. No. 148, approved Nov. 2, 2004.  
  50-46-301. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 1, Ch. 419, L. 2011; amd. Sec. 3, I.M. No. 182, approved Nov. 8, 2016.  
  50-46-302. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 2, Ch. 419, L. 2011; amd. Sec. 4, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 2, Ch. 408, L. 2017; amd. Secs. 3, 4, Ch. 292, L. 2019; amd. Sec. 2, Ch. 411, L. 2019; amd. Sec. 1, Ch. 293, L. 2021; amd. Sec. 78, Ch. 576, L. 2021. 
  50-46-303. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 3, Ch. 419, L. 2011; amd. Sec. 5, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 3, Ch. 408, L. 2017; amd. Secs. 5, 6, Ch. 292, L. 2019; amd. Sec. 3, Ch. 411, L. 2019; amd. Sec. 3, Ch. 555, L. 2021; amd. Sec. 79, Ch. 576, L. 2021. 
  50-46-304. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 7, Ch. 292, L. 2019, and Sec. 1, Ch. 411, L. 2019.  
  50-46-305. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 16, Ch. 292, L. 2019.  
  50-46-306 reserved.  
  50-46-307. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 4, Ch. 419, L. 2011; amd. Sec. 6, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 4, Ch. 408, L. 2017; amd. Secs. 8, 9, Ch. 292, L. 2019; amd. Sec. 80, Ch. 576, L. 2021. 
  50-46-308. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 5, Ch. 419, L. 2011; amd. Sec. 7, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 5, Ch. 408, L. 2017; amd. Secs. 10, 11, Ch. 292, L. 2019.  
  50-46-309. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 6, Ch. 419, L. 2011; amd. Sec. 7, Ch. 239, L. 2015; amd. Sec. 8, I.M. No. 182, approved Nov. 8, 2016; amd. Secs. 12, 13, Ch. 292, L. 2019.  
  50-46-310. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 7, Ch. 419, L. 2011; amd. Sec. 9, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 14, Ch. 292, L. 2019.  
  50-46-311. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 22, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 6, Ch. 408, L. 2017; amd. Sec. 15, Ch. 292, L. 2019; amd. Sec. 4, Ch. 411, L. 2019.  
  50-46-312. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 23, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 7, Ch. 408, L. 2017; amd. Sec. 5, Ch. 411, L. 2019.  
  50-46-313. Terminated. Sec. 39, Ch. 292, L. 2019.   History: En. Sec. 33, Ch. 292, L. 2019.  
  50-46-314 through 50-46-316 reserved.  
  50-46-317. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 8, Ch. 419, L. 2011; amd. Sec. 10, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 17, Ch. 292, L. 2019.  
  50-46-318. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 9, Ch. 419, L. 2011; amd. Sec. 11, I.M. No. 182, approved Nov. 8, 2016.  
  50-46-319. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 10, Ch. 419, L. 2011; amd. Sec. 12, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 9, Ch. 408, L. 2017; amd. Secs. 18, 19, Ch. 292, L. 2019; amd. Sec. 81, Ch. 576, L. 2021. 
  50-46-320. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 11, Ch. 419, L. 2011; amd. Sec. 6, Ch. 153, L. 2013; amd. Sec. 13, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 10, Ch. 408, L. 2017; amd. Sec. 20, Ch. 292, L. 2019.  
  50-46-321 through 50-46-325 reserved.  
  50-46-326. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 8, Ch. 408, L. 2017; amd. Sec. 21, Ch. 292, L. 2019; amd. Sec. 6, Ch. 411, L. 2019.  
  50-46-327. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 12, Ch. 419, L. 2011; amd. Sec. 22, Ch. 123, L. 2013; amd. Sec. 14, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 11, Ch. 408, L. 2017; amd. Sec. 22, Ch. 292, L. 2019.  
  50-46-328. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 13, Ch. 419, L. 2011; amd. Sec. 12, Ch. 408, L. 2017.  
  50-46-329. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 14, Ch. 419, L. 2011; amd. Sec. 15, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 13, Ch. 408, L. 2017; amd. Sec. 23, Ch. 292, L. 2019; amd. Sec. 7, Ch. 411, L. 2019; amd. Sec. 80, Ch. 261, L. 2021. 
  50-46-330. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 15, Ch. 419, L. 2011; amd. Sec. 16, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 14, Ch. 408, L. 2017; amd. Secs. 24, 25, Ch. 292, L. 2019.  
  50-46-331. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 16, Ch. 419, L. 2011; amd. Sec. 17, I.M. No. 182, approved Nov. 8, 2016.  
  50-46-332. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 17, Ch. 419, L. 2011.  
  50-46-333 through 50-46-338 reserved.  
  50-46-339. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 18, Ch. 419, L. 2011; amd. Sec. 18, I.M. No. 182, approved Nov. 8, 2016.  
  50-46-340. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 19, Ch. 419, L. 2011.  
  50-46-341. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 20, Ch. 419, L. 2011; amd. Sec. 19, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 26, Ch. 292, L. 2019; amd. Sec. 3, Ch. 505, L. 2021. 
  50-46-342. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 21, Ch. 419, L. 2011.  
  50-46-343. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 22, Ch. 419, L. 2011; amd. Sec. 15, Ch. 408, L. 2017; amd. Sec. 27, Ch. 292, L. 2019; amd. Sec. 81, Ch. 261, L. 2021. 
  50-46-344. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 23, Ch. 419, L. 2011; amd. Sec. 20, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 16, Ch. 408, L. 2017; amd. Secs. 28, 29, Ch. 292, L. 2019; amd. Sec. 8, Ch. 411, L. 2019; amd. Sec. 4, Ch. 505, L. 2021. 
  50-46-345. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 24, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 17, Ch. 408, L. 2017; amd. Sec. 36, Ch. 292, L. 2019; amd. Sec. 82, Ch. 576, L. 2021. 
  50-46-346. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 31, Ch. 292, L. 2019; amd. Sec. 83, Ch. 576, L. 2021. 
  50-46-347. Repealed. Sec. 104, Ch. 576, L. 2021.  History: En. Sec. 32, Ch. 292, L. 2019; amd. Sec. 84, Ch. 576, L. 2021. 
  50-48-101. Purpose. The regulation of tattooing and body-piercing establishments is required to protect the public health and safety.   History: En. Sec. 1, Ch. 386, L. 2005.  
  50-48-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Establishment" means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment.   (4) "Local board of health" means a county, city, city-county, or district board of health provided for in Title 50, chapter 2.   (5) "Local health officer" has the meaning provided in 50-1-101.   (6) "Multiple-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management.   (7) "Person" means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing.   (8) "Regulatory authority" means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian.   (9) (a) "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. The term includes imparting permanent makeup on the skin such as permanent lip coloring and permanent eyeliner.   (b) The term does not include:   (i) the practice of electrology as defined in 37-31-101; or   (ii) the use by a physician or medical professional who is licensed to practice in the state of Montana of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.   History: En. Sec. 2, Ch. 386, L. 2005; amd. Sec. 8, Ch. 150, L. 2007.  
  50-48-103. Rulemaking authority. The department shall adopt and enforce minimum safety and sanitation requirements for tattooing and body piercing, including rules to:   (1) set standards to ensure sanitation and safety in establishments to protect the public health and safety;   (2) license establishments;   (3) provide procedures for enforcement of the laws and rules relating to establishments, including implementing plans of correction;   (4) impose fees for licensure, inspection, enforcement, training, and administration.   History: En. Sec. 3, Ch. 386, L. 2005.  
  50-48-104 and 50-48-105 reserved.  
  50-48-106. Injunctions. A regulatory authority may bring an action for an injunction against any continued violation of this chapter or any rule adopted under 50-48-103 or 50-48-203.   History: En. Sec. 5, Ch. 386, L. 2005.  
  50-48-107. County attorney to prosecute violations. When a regulatory authority furnishes evidence to the county attorney of a county in this state where the violating establishment operates, the county attorney shall prosecute any person violating this chapter or any rule adopted under 50-48-103 or 50-48-203.   History: En. Sec. 6, Ch. 386, L. 2005.  
  50-48-108. Penalties -- misdemeanor. A person who purposefully or knowingly violates any provision of this chapter or rules adopted under 50-48-103 or 50-48-203 is guilty of a misdemeanor. Upon conviction, the person shall be fined:   (1) an amount of not less than $50 or more than $100 for the first offense;   (2) an amount of not less than $75 or more than $200 for the second offense; and   (3) an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third and subsequent offenses.   History: En. Sec. 7, Ch. 386, L. 2005.  
  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.   History: En. Sec. 8, Ch. 386, L. 2005.  
  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.   History: En. Sec. 9, Ch. 386, L. 2005.  
  50-48-201. License required -- fees -- application. (1) A person operating an establishment shall procure an annual license from the appropriate regulatory authority having jurisdiction. For each annual license, the regulatory authority shall collect a fee established by rule pursuant to 50-48-103 or 50-48-203.   (2) A separate license is required for each establishment operating on different premises.   (3) A person operating a multiple-type establishment shall procure separate licenses for body piercing and tattooing businesses.   (4) An application for a license must be made to the department on forms containing the information required by the department.   (5) Licenses are not transferable.   History: En. Sec. 10, Ch. 386, L. 2005.  
  50-48-202. Late fee -- allocation of licensure and late fees. (1) A person operating an establishment who fails to renew a license issued by the department by the expiration date and who operates the establishment in the license year for which an annual renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 in addition to the annual fee required by 50-48-201. Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.   (2) The department shall deposit the fees collected under 50-48-201 and subsection (1) of this section in the state special revenue account provided for in 50-48-209.   History: En. Sec. 11, Ch. 386, L. 2005.  
  50-48-203. Licensure and regulation by local boards of health. (1) A local board of health may implement its own licensure and regulatory program for tattooing and body-piercing establishments independent of that of the department. A local board of health's licensure and regulatory program must be operated in lieu of the department's licensure and regulatory program.   (2) Subject to the restrictions in 50-2-130, a local board of health that operates its own licensure and regulatory program pursuant to subsection (1) may adopt necessary regulations that are not less stringent than department rules adopted under 50-48-103. The rules may include:   (a) standards to ensure sanitation and safety in establishments to protect public health and safety;   (b) licensure of establishments;   (c) procedures for enforcement of the laws and rules relating to establishments, including the implementation of plans of correction; and   (d) fees that reflect and may not exceed the actual costs incurred for licensure, inspection, enforcement, training, and administration.   (3) The local board of health shall report annually to the department on the number of establishments that it licenses and regulates.   History: En. Sec. 4, Ch. 386, L. 2005.  
  50-48-204. Denial or cancellation of license by regulatory authority -- multiple-type establishments. (1) The regulatory authority may deny or cancel a license it issues if it finds, after proper investigation, that the applicant or licensee is not in compliance with this chapter or a rule adopted under 50-48-103 or 50-48-203 and the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.   (2) When a multiple-type establishment is licensed, the denial or cancellation may affect both tattooing and body-piercing operations or only one of the operations, as determined by the regulatory authority.   History: En. Sec. 12, Ch. 386, L. 2005.  
  50-48-205. Notice and hearing required for license denial or cancellation. (1) A license may not be denied or canceled by the regulatory authority without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the regulatory authority to show cause, if any, why the license should not be denied or canceled.   (2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.   (3) The hearing conducted by the department must be held in accordance with the contested case procedures of the Montana Administrative Procedure Act.   History: En. Sec. 13, Ch. 386, L. 2005.  
  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.   History: En. Sec. 14, Ch. 386, L. 2005.  
  50-48-207 and 50-48-208 reserved.  
  50-48-209. State special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under 50-48-103.   History: En. Sec. 15, Ch. 386, L. 2005.  
  50-49-101. Short title. This part may be cited as the "Montana Access to Food and Nutrition Act".   History: En. Sec. 2, Ch. 569, L. 1991.  
  50-49-102. Purpose. It is the policy of the state of Montana that all citizens should have access to food programs and nutrition services to prevent any needy citizen from experiencing hunger and poor nutrition and their impact on physical and mental health.   History: En. Sec. 1, Ch. 569, L. 1991.  
  50-49-103. Definitions. For purposes of this part, unless the context requires otherwise, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Food programs and nutrition services" means public or private programs to provide food and nutrition assistance to persons who have need. The term includes but is not limited to the food stamp program, food programs for the elderly, and supplemental food programs for women, infants, and children.   History: En. Sec. 3, Ch. 569, L. 1991; amd. Sec. 135, Ch. 418, L. 1995; amd. Sec. 314, Ch. 546, L. 1995; amd. Sec. 8, Ch. 171, L. 1997.  
  50-49-104. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 5, Ch. 569, L. 1991.  
  50-49-105. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 6, Ch. 569, L. 1991.  
  50-49-106. Gifts and grants. The department may accept contributions, gifts, and grants to fund its activities.   History: En. Sec. 7, Ch. 569, L. 1991; amd. Sec. 9, Ch. 171, L. 1997.  
  50-49-107. Public health nutritionist -- appointment and duties. The director of the department shall appoint a registered dietitian as a public health nutritionist. The appointment of the public health nutritionist may not be required unless funding for the position is available. The public health nutritionist shall:   (1) establish a program of public education and technical assistance for programs that provide food assistance; and   (2) provide technical assistance to the governor's advisory council on aging; and   (3) provide technical assistance to health care and public health agencies.   History: En. Sec. 8, Ch. 569, L. 1991; amd. Sec. 10, Ch. 171, L. 1997.  
  50-49-108. Repealed. Sec. 74, Ch. 18, L. 1995.   History: En. Sec. 9, Ch. 569, L. 1991.  
  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.   History: En. Sec. 1, Ch. 320, L. 2021. 
  50-49-202. Definitions. For the purposes of this part, the following definitions apply:  (1) "Deliver" means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer's designated agent at a farm, ranch, home, office, traditional community social event, or another location agreed to between the producer or agent and the informed end consumer.   (2) "Home consumption" means:   (a) the consumption of food or a food product in a private home; or   (b) the consumption of food or a food product from a private home.   (3) "Homemade" means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.   (4) "Informed end consumer" means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.   (5) (a) "Producer" means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.   (b) The term does not include the entities listed in 50-49-203(1)(c).   (6) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.   (7) "Traditional community social event" means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:   (a) wedding;   (b) funeral;   (c) church or religious social;   (d) school event;   (e) farmer's market;   (f) potluck;   (g) neighborhood gathering;   (h) club meeting or social; or   (i) youth or adult outdoor club or sporting event.   (8) "Transaction" means an exchange of buying and selling, including the transfer of a product by delivery.   History: En. Sec. 2, Ch. 320, L. 2021. 
  50-49-203. Exemptions from regulations -- transactions -- information required -- exceptions. (1) (a) A state agency or an agency of a political subdivision of the state may not require licensure, permitting, certification, packaging, labeling, testing, sampling, or inspection that pertains to the preparation, serving, use, consumption, delivery, or storage of homemade food or a homemade food product under this part.  (b) This part does not preclude an agency from providing assistance, consultation, or inspection requested by a producer.   (c) A producer is not:   (i) a retail food establishment, a cottage food operation, or a temporary food establishment, as each term is defined in 50-50-102;   (ii) a wholesale food manufacturing establishment, as defined in 50-57-102; or   (iii) a dairy or a manufactured dairy products plant, as defined in 81-22-101.   (d) A producer is not subject to labeling, licensure, inspection, sanitation, or other requirements or standards of 30-12-301; Title 50, chapter 31; or Title 81, chapters 2, 9, 21, 22, or 23.   (2) Transactions pursuant to this part:   (a) must be directly between the producer and the informed end consumer;   (b) must be only for home consumption or consumption at a traditional community social event; and   (c) must occur only in this state and may not involve interstate commerce.   (3) Except as provided in subsection (7), a producer shall inform an end consumer that any homemade food or homemade food product sold through ranch, farm, or home-based sales pursuant to this part has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.   (4) Except for raw, unprocessed fruit and vegetables, homemade food may not be sold or used in a retail food establishment, as defined in 50-50-102, unless the food has been licensed, permitted, certified, packaged, labeled, and inspected as required by law.   (5) Except as provided in subsection (6) and pursuant to this part, a producer may donate homemade food or homemade food products to a traditional community social event.   (6) A producer may not donate milk to a traditional community social event.   (7) (a) Except for a temporary food establishment subject to 50-50-120, meat or meat products processed at a state-licensed establishment or a federally approved meat establishment, by the producer, or by any third party may not be used in preparation of homemade food that is sold pursuant to a transaction provided for in this part.   (b) Subsection (7)(a) does not apply to a producer who slaughters fewer than 1,000 poultry birds a year except that the producer is subject to the requirements of 9 CFR 381.10(c) and the recordkeeping requirements of 9 CFR 381.175. The poultry or poultry products may not be adulterated or misbranded.   (8) A small dairy shall:   (a) sample, test, or retest every 6 months for standard plate count, coliform count, and somatic cell count of milk or cream sold as homemade food pursuant to this part;   (b) sample, test, or retest every year for brucellosis for every lactating cow, lactating goat, or lactating sheep that is part of the small dairy; and   (c) maintain records for 2 years of all previous samples, tests, or retests, which must be provided to the department of livestock if the department suspects the small dairy is causing a foodborne illness.   History: En. Sec. 3, Ch. 320, L. 2021. 
  50-5-101. Definitions. As used in parts 1 through 3 of this chapter, unless the context clearly indicates otherwise, the following definitions apply:  (1) "Accreditation" means a designation of approval.   (2) "Accreditation association for ambulatory health care" means the organization nationally recognized by that name that surveys outpatient centers for surgical services upon their requests and grants accreditation status to the outpatient centers for surgical services that it finds meet its standards and requirements.   (3) "Activities of daily living" means tasks usually performed in the course of a normal day in a resident's life that include eating, walking, mobility, dressing, grooming, bathing, toileting, and transferring.   (4) "Adult day-care center" means a facility, freestanding or connected to another health care facility, that provides adults, on a regularly scheduled basis, with the care necessary to meet the needs of daily living but that does not provide overnight care.   (5) (a) "Adult foster care home" means a private home or other facility that offers, except as provided in 50-5-216, only light personal care or custodial care to four or fewer disabled adults or aged persons who are not related to the owner or manager of the home by blood, marriage, or adoption or who are not under the full guardianship of the owner or manager.   (b) As used in this subsection (5), the following definitions apply:   (i) "Aged person" means a person as defined by department rule as aged.   (ii) "Custodial care" means providing a sheltered, family-type setting for an aged person or disabled adult so as to provide for the person's basic needs of food and shelter and to ensure that a specific person is available to meet those basic needs.   (iii) "Disabled adult" means a person who is 18 years of age or older and who is defined by department rule as disabled.   (iv) (A) "Light personal care" means assisting the aged person or disabled adult in accomplishing such personal hygiene tasks as bathing, dressing, and hair grooming and supervision of prescriptive medicine administration.   (B) The term does not include the administration of prescriptive medications.   (6) "Affected person" means an applicant for a certificate of need, a long-term care facility located in the geographic area affected by the application, an agency that establishes rates for long-term care facilities, or a third-party payer who reimburses long-term care facilities in the area affected by the proposal.   (7) "Assisted living facility" means a congregate residential setting that provides or coordinates personal care, 24-hour supervision and assistance, both scheduled and unscheduled, and activities and health-related services.   (8) "Capital expenditure" means:   (a) an expenditure made by or on behalf of a long-term care facility that, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance; or   (b) a lease, donation, or comparable arrangement that would be a capital expenditure if money or any other property of value had changed hands.   (9) "Certificate of need" means a written authorization by the department for a person to proceed with a proposal subject to 50-5-301.   (10) "Chemical dependency facility" means a facility whose function is the treatment, rehabilitation, and prevention of the use of any chemical substance, including alcohol, that creates behavioral or health problems and endangers the health, interpersonal relationships, or economic function of an individual or the public health, welfare, or safety.   (11) "Clinical laboratory" means a facility for the microbiological, serological, chemical, hematological, radiobioassay, cytological, immunohematological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition.   (12) "College of American pathologists" means the organization nationally recognized by that name that surveys clinical laboratories upon their requests and accredits clinical laboratories that it finds meet its standards and requirements.   (13) "Commission on accreditation of rehabilitation facilities" means the organization nationally recognized by that name that surveys rehabilitation facilities upon their requests and grants accreditation status to a rehabilitation facility that it finds meets its standards and requirements.   (14) "Comparative review" means a joint review of two or more certificate of need applications that are determined by the department to be competitive in that the granting of a certificate of need to one of the applicants would substantially prejudice the department's review of the other applications.   (15) "Congregate" means the provision of group services designed especially for elderly or disabled persons who require supportive services and housing.   (16) "Construction" means the physical erection of a new health care facility and any stage of the physical erection, including groundbreaking, or remodeling, replacement, or renovation of:   (a) an existing health care facility; or   (b) a long-term care facility as defined in 50-5-301.   (17) "Council on accreditation" means the organization nationally recognized by that name that surveys behavioral treatment programs, chemical dependency treatment programs, residential treatment facilities, and mental health centers upon their requests and grants accreditation status to programs and facilities that it finds meet its standards and requirements.   (18) "Critical access hospital" means a facility that is located in a rural area, as defined in 42 U.S.C. 1395ww(d)(2)(D), and that has been designated by the department as a critical access hospital pursuant to 50-5-233.   (19) "Department" means the department of public health and human services provided for in 2-15-2201.   (20) "DNV healthcare, inc." means the company nationally recognized by that name that surveys hospitals upon their requests and grants accreditation status to a hospital that it finds meets its standards and requirements.   (21) "Eating disorder center" means a facility that specializes in the treatment of eating disorders.   (22) "End-stage renal dialysis facility" means a facility that specializes in the treatment of kidney diseases and includes freestanding hemodialysis units.   (23) "Federal acts" means federal statutes for the construction of health care facilities.   (24) "Governmental unit" means the state, a state agency, a county, municipality, or political subdivision of the state, or an agency of a political subdivision.   (25) "Healthcare facilities accreditation program" means the program nationally recognized by that name that surveys health care facilities upon their requests and grants accreditation status to a health care facility that it finds meets its standards and requirements.   (26) (a) "Health care facility" or "facility" means all or a portion of an institution, building, or agency, private or public, excluding federal facilities, whether organized for profit or not, that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any individual. The term includes chemical dependency facilities, critical access hospitals, eating disorder centers, end-stage renal dialysis facilities, home health agencies, home infusion therapy agencies, hospices, hospitals, infirmaries, long-term care facilities, intermediate care facilities for the developmentally disabled, medical assistance facilities, mental health centers, outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, residential care facilities, and residential treatment facilities.   (b) The term does not include offices of private physicians, dentists, or other physical or mental health care workers regulated under Title 37, including licensed addiction counselors.   (27) "Home health agency" means a public agency or private organization or subdivision of the agency or organization that is engaged in providing home health services to individuals in the places where they live. Home health services must include the services of a licensed registered nurse and at least one other therapeutic service and may include additional support services.   (28) "Home infusion therapy agency" means a health care facility that provides home infusion therapy services.   (29) "Home infusion therapy services" means the preparation, administration, or furnishing of parenteral medications or parenteral or enteral nutritional services to an individual in that individual's residence. The services include an educational component for the patient, the patient's caregiver, or the patient's family member.   (30) "Hospice" means a coordinated program of home and inpatient health care that provides or coordinates palliative and supportive care to meet the needs of a terminally ill patient and the patient's family arising out of physical, psychological, spiritual, social, and economic stresses experienced during the final stages of illness and dying and that includes formal bereavement programs as an essential component. The term includes:   (a) an inpatient hospice facility, which is a facility managed directly by a medicare-certified hospice that meets all medicare certification regulations for freestanding inpatient hospice facilities; and   (b) a residential hospice facility, which is a facility managed directly by a licensed hospice program that can house three or more hospice patients.   (31) (a) "Hospital" means a facility providing, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick individuals. Except as otherwise provided by law, services provided must include medical personnel available to provide emergency care onsite 24 hours a day and may include any other service allowed by state licensing authority. A hospital has an organized medical staff that is on call and available within 20 minutes, 24 hours a day, 7 days a week, and provides 24-hour nursing care by licensed registered nurses. The term includes:   (i) hospitals specializing in providing health services for psychiatric, developmentally disabled, and tubercular patients; and   (ii) specialty hospitals.   (b) The term does not include critical access hospitals.   (c) The emergency care requirement for a hospital that specializes in providing health services for psychiatric, developmentally disabled, or tubercular patients is satisfied if the emergency care is provided within the scope of the specialized services provided by the hospital and by providing 24-hour nursing care by licensed registered nurses.   (32) "Infirmary" means a facility located in a university, college, government institution, or industry for the treatment of the sick or injured, with the following subdefinitions:   (a) an "infirmary--A" provides outpatient and inpatient care;   (b) an "infirmary--B" provides outpatient care only.   (33) (a) "Intermediate care facility for the developmentally disabled" means a facility or part of a facility that provides intermediate developmental disability care for two or more persons.   (b) The term does not include community homes for persons with developmental disabilities that are licensed under 53-20-305 or community homes for persons with severe disabilities that are licensed under 52-4-203.   (34) "Intermediate developmental disability care" means the provision of intermediate nursing care services, health-related services, and social services for persons with a developmental disability, as defined in 53-20-102, or for persons with related problems.   (35) "Intermediate nursing care" means the provision of nursing care services, health-related services, and social services under the supervision of a licensed nurse to patients not requiring 24-hour nursing care.   (36) "Licensed health care professional" means a licensed physician, physician assistant, advanced practice registered nurse, or registered nurse who is practicing within the scope of the license issued by the department of labor and industry.   (37) (a) "Long-term care facility" means a facility or part of a facility that provides skilled nursing care, residential care, intermediate nursing care, or intermediate developmental disability care to a total of two or more individuals or that provides personal care.   (b) The term does not include community homes for persons with developmental disabilities licensed under 53-20-305; community homes for persons with severe disabilities, licensed under 52-4-203; youth care facilities, licensed under 52-2-622; hotels, motels, boardinghouses, roominghouses, or similar accommodations providing for transients, students, or individuals who do not require institutional health care; or correctional facilities operating under the authority of the department of corrections.   (38) "Medical assistance facility" means a facility that meets both of the following:   (a) provides inpatient care to ill or injured individuals before their transportation to a hospital or that provides inpatient medical care to individuals needing that care for a period of no longer than 96 hours unless a longer period is required because transfer to a hospital is precluded because of inclement weather or emergency conditions. The department or its designee may, upon request, waive the 96-hour restriction retroactively and on a case-by-case basis if the individual's attending physician, physician assistant, or nurse practitioner determines that the transfer is medically inappropriate and would jeopardize the health and safety of the individual.   (b) either is located in a county with fewer than six residents a square mile or is located more than 35 road miles from the nearest hospital.   (39) "Mental health center" means a facility providing services for the prevention or diagnosis of mental illness, the care and treatment of mentally ill patients, the rehabilitation of mentally ill individuals, or any combination of these services.   (40) "Nonprofit health care facility" means a health care facility owned or operated by one or more nonprofit corporations or associations.   (41) "Offer" means the representation by a health care facility that it can provide specific health services.   (42) (a) "Outdoor behavioral program" means a program that provides treatment, rehabilitation, and prevention for behavioral problems that endanger the health, interpersonal relationships, or educational functions of a youth and that:   (i) serves either adjudicated or nonadjudicated youth;   (ii) charges a fee for its services; and   (iii) provides all or part of its services in the outdoors.   (b) "Outdoor behavioral program" does not include recreational programs such as boy scouts, girl scouts, 4-H clubs, or other similar organizations.   (43) "Outpatient center for primary care" means a facility that provides, under the direction of a licensed physician, either diagnosis or treatment, or both, to ambulatory patients and that is not an outpatient center for surgical services.   (44) "Outpatient center for surgical services" means a clinic, infirmary, or other institution or organization that is specifically designed and operated to provide surgical services to patients not requiring hospitalization and that may include recovery care beds.   (45) "Patient" means an individual obtaining services, including skilled nursing care, from a health care facility.   (46) "Person" means an individual, firm, partnership, association, organization, agency, institution, corporation, trust, estate, or governmental unit, whether organized for profit or not.   (47) "Personal care" means the provision of services and care for residents who need some assistance in performing the activities of daily living.   (48) "Practitioner" means an individual licensed by the department of labor and industry who has assessment, admission, and prescription authority.   (49) "Recovery care bed" means, except as provided in 50-5-235, a bed occupied for less than 24 hours by a patient recovering from surgery or other treatment.   (50) "Rehabilitation facility" means a facility that is operated for the primary purpose of assisting in the rehabilitation of disabled individuals by providing comprehensive medical evaluations and services, psychological and social services, or vocational evaluation and training or any combination of these services and in which the major portion of the services is furnished within the facility.   (51) "Resident" means an individual who is in a long-term care facility or in a residential care facility.   (52) "Residential care facility" means an adult day-care center, an adult foster care home, an assisted living facility, or a retirement home.   (53) "Residential psychiatric care" means active psychiatric treatment provided in a residential treatment facility to psychiatrically impaired individuals with persistent patterns of emotional, psychological, or behavioral dysfunction of such severity as to require 24-hour supervised care to adequately treat or remedy the individual's condition. Residential psychiatric care must be individualized and designed to achieve the patient's discharge to less restrictive levels of care at the earliest possible time.   (54) "Residential treatment facility" means a facility operated for the primary purpose of providing residential psychiatric care to individuals under 21 years of age.   (55) "Retirement home" means a building or buildings in which separate living accommodations are rented or leased to individuals who use those accommodations as their primary residence.   (56) "Skilled nursing care" means the provision of nursing care services, health-related services, and social services under the supervision of a licensed registered nurse on a 24-hour basis.   (57) (a) "Specialty hospital" means a subclass of hospital that is exclusively engaged in the diagnosis, care, or treatment of one or more of the following categories:   (i) patients with a cardiac condition;   (ii) patients with an orthopedic condition;   (iii) patients undergoing a surgical procedure; or   (iv) patients treated for cancer-related diseases and receiving oncology services.   (b) For purposes of this subsection (57), a specialty hospital may provide other services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick individuals as otherwise provided by law if the care encompasses 35% or less of the hospital services.   (c) The term "specialty hospital" does not include:   (i) psychiatric hospitals;   (ii) rehabilitation hospitals;   (iii) children's hospitals;   (iv) long-term care hospitals; or   (v) critical access hospitals.   (58) "State long-term care facilities plan" means the plan prepared by the department to project the need for long-term care facilities within Montana and approved by the governor and a statewide health coordinating council appointed by the director of the department.   (59) "Swing bed" means a bed approved pursuant to 42 U.S.C. 1395tt to be used to provide either acute care or extended skilled nursing care to a patient.   (60) "The joint commission" means the organization nationally recognized by that name that surveys health care facilities upon their requests and grants accreditation status to a health care facility that it finds meets its standards and requirements.   History: Ap. p. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; Ap. p. Sec. 159, Ch. 197, L. 1967; amd. Sec. 1, Ch. 290, L. 1969; amd. Sec. 1, Ch. 197, L. 1971; amd. Sec. 1, Ch. 448, L. 1973; amd. Sec. 1, Ch. 150, L. 1974; amd. Sec. 1, Ch. 447, L. 1975; amd. Sec. 22, Ch. 187, L. 1977; R.C.M. 1947, 69-4102(1), 69-5201; amd. Sec. 1, Ch. 347, L. 1979; amd. Sec. 1, Ch. 432, L. 1981; amd. Sec. 1, Ch. 433, L. 1981; amd. Sec. 1, Ch. 324, L. 1983; amd. Secs. 1, 13, Ch. 329, L. 1983; amd. Sec. 7, Ch. 597, L. 1983; amd. Sec. 1, Ch. 641, L. 1983; amd. Sec. 9, Ch. 713, L. 1985; amd. Sec. 108, Ch. 370, L. 1987; amd. Sec. 1, Ch. 450, L. 1987; amd. Sec. 1, Ch. 477, L. 1987; amd. Sec. 13, Ch. 330, L. 1989; amd. Sec. 1, Ch. 616, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 764, L. 1991; amd. Sec. 1, Ch. 151, L. 1993; amd. Sec. 1, Ch. 590, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1, Ch. 366, L. 1995; amd. Sec. 2, Ch. 398, L. 1995; amd. Sec. 92, Ch. 418, L. 1995; amd. Sec. 250, Ch. 546, L. 1995; amd. Sec. 207, Ch. 42, L. 1997; amd. Sec. 3, Ch. 93, L. 1997; amd. Sec. 1, Ch. 99, L. 1997; amd. Sec. 2, Ch. 171, L. 1997; amd. Sec. 3, Ch. 188, L. 1997; amd. Sec. 4, Ch. 98, L. 1999; amd. Sec. 1, Ch. 133, L. 1999; amd. Sec. 4, Ch. 192, L. 2001; amd. Sec. 1, Ch. 366, L. 2001; amd. Sec. 2, Ch. 54, L. 2003; amd. Sec. 99, Ch. 114, L. 2003; amd. Sec. 1, Ch. 348, L. 2003; amd. Sec. 1, Ch. 401, L. 2003; amd. Sec. 1, Ch. 403, L. 2003; amd. Sec. 1, Ch. 365, L. 2005; amd. Sec. 23, Ch. 519, L. 2005; amd. Sec. 1, Ch. 466, L. 2007; amd. Sec. 83, Ch. 2, L. 2009; amd. Sec. 1, Ch. 456, L. 2009; amd. Sec. 1, Ch. 157, L. 2013; amd. Sec. 2, Ch. 345, L. 2017; amd. Sec. 27, Ch. 339, L. 2021; amd. Sec. 1, Ch. 477, L. 2021. 
  50-5-102. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 160, Ch. 197, L. 1967; R.C.M. 1947, 69-5202.  
  50-5-103. Rules and standards -- accreditation. (1) The department shall adopt rules and minimum standards for implementation of parts 1 and 2.   (2) Any facility covered by this chapter shall comply with the state and federal requirements relating to construction, equipment, and fire and life safety.   (3) The department shall extend a reasonable time for compliance with rules for parts 1 and 2 upon adoption.   (4) (a) Any hospital located in this state that furnishes written evidence required by the department, including the recommendation for future compliance statements, to the department of its accreditation granted by an entity listed in subsection (4)(b) is eligible for licensure in the state for the accreditation period and may not be subjected to an inspection by the department for purposes of the licensing process.   (b) A hospital may provide evidence of its accreditation by:   (i) DNV healthcare, inc.;   (ii) the healthcare facilities accreditation program; or   (iii) the joint commission.   (c) The department may, in addition to its inspection authority in 50-5-116, inspect any licensed health care facility to answer specific complaints made in writing by any person against the facility when the complaints pertain to licensing requirements. Inspection by the department upon a specific complaint made in writing pertaining to licensing requirements is limited to the specific area or condition of the health care facility to which the complaint pertains.   (5) The department may consider as eligible for licensure during the accreditation period any health care facility located in this state, other than a hospital, that furnishes written evidence, including the recommendation for future compliance statements, of its accreditation by the joint commission. The department may inspect a health care facility considered eligible for licensure under this section to ensure compliance with state licensure standards.   (6) The department may consider as eligible for licensure during the accreditation period any rehabilitation facility that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the commission on accreditation of rehabilitation facilities. The department may inspect a rehabilitation facility considered eligible for licensure under this section to ensure compliance with state licensure standards.   (7) The department may consider as eligible for licensure during the accreditation period any outpatient center for surgical services that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the accreditation association for ambulatory health care. The department may inspect an outpatient center for surgical services considered eligible for licensure under this section to ensure compliance with state licensure standards.   (8) The department may consider as eligible for licensure during the accreditation period any behavioral treatment program, chemical dependency treatment program, residential treatment facility, or mental health center that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the council on accreditation. The department may inspect a behavioral treatment program, chemical dependency treatment program, residential treatment facility, or mental health center considered eligible for licensure under this section to ensure compliance with state licensure standards.   History: En. Sec. 171, Ch. 197, L. 1967; amd. Sec. 22, Ch. 366, L. 1969; amd. Sec. 3, Ch. 448, L. 1973; amd. Sec. 74, Ch. 349, L. 1974; R.C.M. 1947, 69-5213; amd. Sec. 2, Ch. 347, L. 1979; amd. Sec. 2, Ch. 432, L. 1981; amd. Sec. 1, Ch. 279, L. 1991; amd. Sec. 9, Ch. 415, L. 1993; amd. Sec. 3, Ch. 366, L. 1995; amd. Sec. 2, Ch. 99, L. 1997; amd. Sec. 4, Ch. 188, L. 1997; amd. Sec. 2, Ch. 401, L. 2003; amd. Sec. 2, Ch. 157, L. 2013.  
  50-5-104. Certain exemptions for spiritual healing institution. Parts 1 through 3 and rules and standards adopted by the department may not authorize the supervision, regulation, or control of care or treatment of persons in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination. However, a license is required and the minimum standards referred to in 50-5-103(2) apply.   History: En. Sec. 175, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5217(2); amd. Sec. 3, Ch. 347, L. 1979.  
  50-5-105. Discrimination prohibited. (1) All phases of the operation of a health care facility must be without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, age, marital status, physical or mental disability, or political ideas.   (2) (a) A health care facility may not refuse to admit a person to the facility solely because the person has an HIV-related condition.   (b) For the purposes of this subsection (2), the following definitions apply:   (i) "HIV" means the human immunodeficiency virus identified as the causative agent of acquired immunodeficiency syndrome (AIDS) and includes all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological system and leave the infected person immunodeficient or neurologically impaired.   (ii) "HIV-related condition" means any medical condition resulting from an HIV infection, including but not limited to seropositivity for HIV.   (3) A person who operates a facility may not discriminate among the patients of licensed physicians. The free and confidential professional relationship between a licensed physician and patient must continue and remain unaffected.   (4) Except for a hospital that employs its medical staff, a hospital considering an application for staff membership or granting privileges within the scope of the applicant's license may not deny the application or privileges because the applicant is licensed under Title 37, chapter 6.   History: En. Sec. 175, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5217(1); amd. Sec. 4, Ch. 347, L. 1979; amd. Sec. 1, Ch. 152, L. 1989; amd. Sec. 1, Ch. 309, L. 1989; amd. Sec. 47, Ch. 472, L. 1997; amd. Sec. 31, Ch. 224, L. 2003; amd. Sec. 2, Ch. 351, L. 2007.  
  50-5-106. Records and reports required of health care facilities -- confidentiality. Health care facilities shall keep records and make reports as required by the department. Before February 1 of each year, every licensed health care facility shall submit an annual report for the preceding calendar year to the department. The report must be on forms and contain information specified by the department. Information received by the department through reports, inspections, or provisions of parts 1 and 2 may not be disclosed in a way which would identify patients. A department employee who discloses information that would identify a patient must be dismissed from employment and subject to the provisions of 45-7-401 and 50-16-551, if applicable, unless the disclosure was authorized as permitted by law. Information and statistical reports from health care facilities which are considered necessary by the department for health planning and resource development activities must be made available to the public and the health planning agencies within the state. Applications by health care facilities for certificates of need and any information relevant to review of these applications, pursuant to part 3, must be accessible to the public.   History: En. Sec. 176, Ch. 197, L. 1967; R.C.M. 1947, 69-5218; amd. Sec. 5, Ch. 347, L. 1979; amd. Sec. 13, Ch. 329, L. 1983; amd. Sec. 26, Ch. 632, L. 1987; amd. Sec. 251, Ch. 546, L. 1995; amd. Sec. 4, Ch. 396, L. 2003.  
  50-5-107. Unlawful use of word nursing. It is unlawful for any facility operating in this state to use the word "nursing" in its name, signs, advertising, etc., unless that facility does in fact provide 24-hour nursing care by licensed nurses.   History: En. 69-5203.1 by Sec. 2, Ch. 448, L. 1973; R.C.M. 1947, 69-5203.1.  
  50-5-108. Injunction. The department may bring an action for injunction or other process against any person to:   (1) restrain a facility from engaging in a prohibited activity that is endangering the health, safety, or welfare of any individual under the care of the facility;   (2) enjoin a violation of part 1 or 2 of this chapter, or a violation of a rule, license provision, or order adopted or issued pursuant to part 1 or 2; or   (3) require compliance with part 1 or 2 of this chapter or compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   History: En. Sec. 178, Ch. 197, L. 1967; amd. Sec. 75, Ch. 349, L. 1974; R.C.M. 1947, 69-5220; amd. Sec. 6, Ch. 347, L. 1979; amd. Sec. 10, Ch. 415, L. 1993.  
  50-5-109. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 179, Ch. 197, L. 1967; R.C.M. 1947, 69-5221; amd. Sec. 7, Ch. 347, L. 1979.  
  50-5-110 reserved.  
  50-5-111. Prohibited activities. It is unlawful to:   (1) operate a facility without a license;   (2) prevent, interfere with, or impede department investigation, department enforcement, department examination of relevant books and records, or activities of the department concerning the preservation of evidence; or   (3) violate any provision of part 1 or 2 of this chapter or violate a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   History: En. Sec. 1, Ch. 415, L. 1993.  
  50-5-112. Civil penalties. (1) A person who commits an act prohibited by 50-5-111 is subject to a civil penalty not to exceed $1,000 for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The department or, upon request of the department, the county attorney of the county in which the health care facility in question is located may petition the court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the facility is located.  (2) In determining the amount of penalty to be assessed for an alleged violation under this section, the court shall consider:   (a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or patient;   (b) the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;   (c) the degree of deviation committed by the facility from a requirement imposed by part 1 or 2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and   (d) other matters as justice may require.   (3) A penalty collected under this section must be deposited in the state general fund.   (4) In addition to or exclusive of the remedy provided in subsection (1), the department may pursue remedies available for a violation, as provided for in 50-5-108, or any other remedies available to it.   History: En. Sec. 2, Ch. 415, L. 1993; amd. Sec. 42, Ch. 422, L. 1997; amd. Sec. 18, Ch. 535, L. 2021. 
  50-5-113. Criminal penalties. (1) A person is guilty of a criminal offense under this section if the person knowingly conceals material information about the operation of the facility or does any of the following and by doing so threatens the health or safety of one or more individuals entrusted to the care of the person:  (a) commits an act prohibited by 50-5-111;   (b) omits material information or makes a false statement or representation in an application, record, report, or other document filed, maintained, or used for compliance with the provisions of part 1 or 2 of this chapter or with rules, license provisions, or orders adopted or issued pursuant to part 1 or 2; or   (c) destroys, alters, conceals, or fails to file or maintain any record, information, or application required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   (2) A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the first offense and not more than $2,000 for each subsequent offense for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   (3) In determining the amount of penalty to be assessed for an alleged violation under this section, the court shall consider:   (a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or patient;   (b) the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;   (c) the degree of deviation committed by the facility from a requirement imposed by part 1 or 2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and   (d) other matters as justice may require.   (4) Prosecution under this section does not bar enforcement under any other section of this chapter or pursuit of any other appropriate remedy by the department.   (5) Venue for prosecution pursuant to this section is in the county in which the facility is located.   (6) A penalty collected under this section must be deposited in the state general fund.   History: En. Sec. 3, Ch. 415, L. 1993; amd. Sec. 43, Ch. 422, L. 1997; amd. Sec. 19, Ch. 535, L. 2021. 
  50-5-114. Administrative enforcement -- notice -- order for corrective action. (1) If the department believes that a violation of a provision of part 1 or 2 of this chapter or of a rule adopted or a condition or limitation imposed by a license issued pursuant to part 1 or 2 has occurred, it may serve written notice on the alleged violator or the violator's agent personally or by certified mail. The notice must specify the provision of part 1 or 2 of this chapter or the rule or license condition or limitation alleged to have been violated and the facts alleged to constitute the violation. The notice must inform the alleged violator of the right to a hearing and that the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the hearing. The notice may include an order to take necessary corrective action, including ceasing new admissions, relocating residents, or ceasing the violation within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is received, the person named requests in writing a hearing before the department. On receipt of the request, the department shall schedule a hearing. Until issuance of a contrary decision by the department, a department order concerning corrective action remains effective and enforceable.   (2) If, after a hearing held under subsection (1), the department finds that a violation has occurred, it shall issue an appropriate order for the prevention, abatement, or control of the violation involved or the taking of other corrective action. As appropriate, an order issued as part of a notice or after a hearing may prescribe the date by which the violation must cease and the time limits for particular action in preventing, abating, or controlling the violation. If, after a hearing on an order contained in a notice, the department finds that a violation has not occurred or is not occurring, it shall declare the order void.   (3) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing conducted pursuant to this section.   (4) Instead of or in addition to issuing the order provided for in subsection (1), the department may:   (a) require that the alleged violators appear before the department for a hearing at a time and place specified in the notice and answer the charges; or   (b) initiate action under any other applicable provisions of part 1 or 2 of this chapter.   (5) Before acting under this section, the department shall attempt to obtain voluntary compliance through a warning, conference, or any other appropriate means.   (6) In connection with a hearing held pursuant to this section, the department may and on application by a party shall compel the attendance of witnesses and the production of evidence on behalf of any party.   History: En. Sec. 4, Ch. 415, L. 1993; amd. Sec. 252, Ch. 546, L. 1995.  
  50-5-115. Receiverships. (1) If receivership has not already been instituted under medicaid or medicare, upon notice to the facility, the department may file a complaint in district court for receivership under any of the following conditions in addition to applicable conditions listed in 27-20-102:   (a) a facility is operating without a license and residents are in danger of serious physical or mental harm;   (b) a facility intending to close has not made arrangements within 30 days before closure for the orderly transfer of residents;   (c) a facility is abandoned by an owner; or   (d) a life threatening situation exists for the residents of the facility.   (2) If the department believes or has received notice from the department of justice that there is an emergency that presents or might present an immediate and serious threat to the health or safety of patients or residents of a facility, a receiver may be appointed by the court upon an ex parte application by the department. If a receiver is appointed upon an ex parte application, notice must be given by the department to the facility within 24 hours of issuance of the receivership order and a hearing must be offered the facility by the court within 10 days of issuance of the order to determine whether the order will be continued.   (3) The department shall maintain a list of persons qualified to act as receivers.   (4) The selection, appointment, and removal of receivers must be consistent with Title 27, chapter 20, parts 2 and 3.   (5) Whenever possible, receivers must be paid from the income of the facility. However, receivers may be paid from the patient protection account provided for in 50-5-232. The court shall direct the amount of payments to be made to the receiver, the payments to be made by the receiver, and the order of payments made to the receiver or to other entities. Payments owed to a facility that are made to the receiver must be used to discharge any obligation of the entity making the payments owed to the facility.   (6) The powers and duties of the receiver include:   (a) the duty to protect the health, welfare, and safety of the residents;   (b) the power to hire, discipline, and fire staff;   (c) the power to collect debts due to the facility;   (d) the power to settle labor disputes;   (e) the power to petition the court to set aside unreasonable contracts or leases entered into by the facility management;   (f) the power to make capital investments in the facility with court approval; and   (g) all other powers granted receivers by 27-20-302.   History: En. Sec. 5, Ch. 415, L. 1993; amd. Sec. 3, Ch. 514, L. 1995.  
  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.   History: En. Sec. 6, Ch. 415, L. 1993.  
  50-5-117. Economic credentialing of physicians prohibited -- definitions. (1) Except to the extent necessary to determine physician competency or to comply with medicare or medicaid certification under Titles XVIII and XIX of the Social Security Act, respectively, or for accreditation by organizations that accredit hospitals or outpatient centers for surgical services, a hospital or an outpatient center for surgical services may not engage in economic credentialing by:   (a) requiring a physician requesting medical staff membership or medical staff privileges to agree to make referrals to that hospital, to an outpatient center for surgical services, or to any facility related to the hospital or the outpatient center for surgical services;   (b) refusing to grant staff membership or medical staff privileges or conditioning or otherwise limiting a physician's medical staff participation because the physician or a partner, associate, or employee of the physician:   (i) provides medical or health care services at, has an ownership interest in, or occupies a leadership position on the medical staff of a different hospital, hospital system, or health care facility; or   (ii) participates or does not participate in any particular health plan; or   (c) refusing to grant participatory status in a hospital or hospital system health plan or outpatient center for surgical services health plan to a physician who has medical staff privileges because the physician or a partner, an associate, or an employee of the physician provides medical or health care services at, has an ownership interest in, or occupies a leadership position on the medical staff of a different hospital, hospital system, or health care facility.   (2) Notwithstanding the prohibitions in subsection (1), a hospital or an outpatient center for surgical services may require recusal of a physician member of the board, the president of the medical staff of the hospital or outpatient center for surgical services, or the presiding officer of a medical staff committee from financial decisions and information related to the hospital or outpatient center for surgical services if the physician member of the board, the president of the hospital medical staff or outpatient center for surgical services staff, or the presiding officer of a medical staff committee has a conflict of interest relevant to those decisions or that information.   (3) For the purposes of this section, the following definitions apply:   (a) "Board" means the governing body or board of directors of a hospital or an outpatient center for surgical services.   (b) "Conflict of interest" means, notwithstanding the board's own conflict of interest policy, a situation in which a physician in a leadership position either individually or through an immediate family member, as defined in 15-30-3002, or through a partner or employee of the physician has a financial interest in any health care facility that may compromise the board's fiduciary responsibility.   (c) (i) "Economic credentialing" means the denial of a physician's application for staff membership or clinical privileges to practice medicine in a hospital or an outpatient center for surgical services on criteria other than the individual's education, training, current competence, experience, ability, personal character, and judgment.   (ii) This term does not mean use by the hospital or the outpatient center for surgical services of:   (A) exclusive contracts with physicians if the contracts do not violate the unfair trade practices provisions of Title 30, chapter 14, part 2;   (B) medical staff on-call requirements if the on-call requirements do not violate the unfair trade practices and consumer protection provisions of 30-14-103 or Title 30, chapter 14, part 2;   (C) adherence to a formulary approved by the medical staff; or   (D) other medical staff policy adopted to manage health care costs or improve quality.   (d) "Health care facility" has the meaning provided in 50-5-101.   (e) "Health plan" means a plan offered by any person, employer, trust, government agency, association, corporation, or other entity to provide, sponsor, arrange for, indemnify another for, or pay for health care services to eligible members, insureds, enrollees, employees, participants, beneficiaries, or dependents, including but not limited to a health plan provided by an insurance company, health service organization, health maintenance organization, preferred provider organization, self-insured health plan, captive insurer, multiple employee welfare arrangement, workers' compensation plan, medicare, or medicaid.   (f) "Physician" has the meaning provided in 37-3-102.   History: En. Sec. 1, Ch. 351, L. 2007; amd. Sec. 1, Ch. 310, L. 2009.  
  50-5-118 through 50-5-120 reserved.  
  50-5-121. Hospital discrimination based on ability to pay prohibited -- charity care requirements. (1) Except as provided in subsection (3), a hospital must have in writing:   (a) a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient's ability to pay; and   (b) a charity care policy consistent with industry standards applicable to the area the facility serves and the tax status of the hospital.   (2) A hospital may not transfer a patient to another hospital or health care facility based on the patient's ability to pay for health care services.   (3) A specialty hospital must have in writing a charity care policy consistent with industry standards for nonprofit hospitals irrespective of the tax status of the specialty hospital.   History: En. Sec. 2, Ch. 456, L. 2009.  
  50-5-122. Transfer of hospital patients. In cases where the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd, does not apply, a hospital may not transfer a patient to another hospital using only a call to a 9-1-1 service. The hospital shall:   (1) before the transfer, provide notice to the other hospital, including the reason for the transfer; and   (2) during the transfer, provide the medical records related to the patient's current hospitalization.   History: En. Sec. 3, Ch. 456, L. 2009.  
  50-5-1101. Short title. This part may be cited as the "Montana Long-Term Care Residents' Bill of Rights".   History: En. Sec. 1, Ch. 582, L. 1987.  
  50-5-1102. Findings and purpose. (1) The legislature finds and declares that many residents of long-term care facilities are isolated from the community and lack the means to assert their rights.   (2) The purpose of this part is to:   (a) establish and recognize the fundamental civil and human rights to which residents of long-term care facilities are entitled; and   (b) provide for the education of residents and staff regarding these rights.   History: En. Sec. 2, Ch. 582, L. 1987.  
  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.   History: En. Sec. 3, Ch. 582, L. 1987; amd. Sec. 94, Ch. 418, L. 1995; amd. Sec. 259, Ch. 546, L. 1995.  
  50-5-1104. Rights of long-term care facility residents. (1) The state adopts by reference for all long-term care facilities the rights for long-term care facility residents applied by the federal government to facilities that provide skilled nursing care or intermediate nursing care and participate in a medicaid or medicare program (42 U.S.C. 1395i-3(a) and 1396r(a), as implemented by regulation).   (2) In addition to the rights adopted under subsection (1), the state adopts for all residents of long-term care facilities the following rights:   (a) A resident or the resident's authorized representative must be informed by the facility at least 30 days in advance of any changes in the cost or availability of services, unless to do so is beyond the facility's control.   (b) Regardless of the source of payment, each resident or the resident's authorized representative is entitled, upon request, to receive and examine an explanation of the resident's monthly bill.   (c) Residents have the right to organize, maintain, and participate in resident advisory councils. The facility shall afford reasonable privacy and facility space for the meetings of the councils.   (d) A resident has the right to present a grievance on the resident's own behalf or that of others to the facility or the resident advisory council. The facility shall establish written procedures for receiving, handling, and informing residents or the resident advisory council of the outcome of any grievance presented.   (e) A resident has the right to ask a state agency or a resident advocate for assistance in resolving grievances, free from restraint, interference, or reprisal.   (f) During a resident's stay in a long-term care facility, the resident retains the prerogative to exercise decisionmaking rights in all aspects of the resident's health care, including placement and treatment issues such as medication, special diets, or other medical regimens.   (g) The resident's authorized representative must be notified in a prompt manner of any significant accident, unexplained absence, or significant change in the resident's health status.   (h) A resident has the right to be free from verbal, mental, and physical abuse, neglect, or financial exploitation. Facility staff shall report to the department and the long-term care ombudsman any suspected incidents of abuse under the Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act, Title 52, chapter 3, part 8.   (i) Each resident has the right to privacy in the resident's room or portion of the room. If a resident is seeking privacy in the resident's room, staff members should make reasonable efforts to make their presence known when entering the room.   (j) In case of involuntary transfer or discharge, a resident has the right to reasonable advance notice to ensure an orderly transfer or discharge. Reasonable advance notice requires at least 21 days' written notification of any interfacility transfer or discharge except in cases of emergency or for medical reasons documented in the resident's medical record by the attending physician.   (k) If clothing is provided to the resident by the facility, it must be of reasonable fit.   (l) A resident has the right to reasonable safeguards for personal possessions brought to the facility. The facility shall provide a means for safeguarding the resident's small items of value in the resident's room or in another part of the facility where the resident must have reasonable access to the items.   (m) The resident has the right to have all losses or thefts of personal possessions promptly investigated by the facility. The results of the investigation must be reported to the affected resident.   (3) The administrator of the facility shall adopt whatever additional measures are necessary to implement the residents' rights listed in subsections (1) and (2) and meet any other requirements relating to residents' health and safety that are conditions of participation in a state or federal program of medical assistance.   History: En. Sec. 4, Ch. 582, L. 1987; amd. Sec. 43, Ch. 16, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 209, Ch. 42, L. 1997.  
  50-5-1105. Long-term care facility to adopt and post residents' rights. (1) The administrator of each long-term care facility shall:   (a) adopt a written statement of rights applicable to all residents of its facility, including as a minimum the rights listed in 50-5-1104;   (b) provide each resident, at the time of admission to the facility, a copy of the facility's statement of residents' rights, receipt of which the resident or the resident's authorized representative shall acknowledge in writing;   (c) provide each resident with a written statement of any change in residents' rights at the time the change is implemented, receipt of which the resident or the resident's authorized representative shall acknowledge in writing; and   (d) train and involve staff members in the implementation of residents' rights as expressed in the statement adopted by the facility.   (2) Each staff member shall affirm in writing that the member has read and understands the facility's statement of residents' rights.   (3) The administrator of the facility shall post in a conspicuous place visible to the public a copy of the facility's statement of residents' rights, presented in a format that can be read easily by the residents and by the public.   History: En. Sec. 5, Ch. 582, L. 1987; amd. Sec. 1815, Ch. 56, L. 2009.  
  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.   History: En. Sec. 6, Ch. 582, L. 1987; amd. Sec. 1816, Ch. 56, L. 2009.  
  50-5-1107. Enforcement of residents' rights. The requirements of 50-5-1104 through 50-5-1106 are included in the minimum standards considered by the department in reviewing applications for license, as provided in 50-5-204.   History: En. Sec. 7, Ch. 582, L. 1987.  
  50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent. (1) The following individuals may request the use of and provide informed consent for the use of certain safety devices aimed at ensuring the physical safety of the resident by reducing the risk of falls and injuries associated with a resident's medical symptom even if the resident cannot easily remove the device or the device restricts the resident's total freedom of movement:   (a) a resident;   (b) a family member of a resident who is unable to make decisions because the resident has a communication barrier or has been found by a physician to be medically incapable of granting informed consent, as provided in 50-5-1203;   (c) a guardian, as defined in 72-1-103; or   (d) a person granted the power of attorney for health care decisions.   (2) A concern for a resident's physical safety or a resident's fear of falling may provide the basis for a medical symptom. A safety device may not be used for the convenience of staff or for disciplinary purposes.   (3) This part is intended to provide residents and authorized or designated representatives with the authority to request and consent to the use of safety devices but is not intended to interfere with the right of licensed health care providers acting within their scope of practice to recommend and order treatments and services, including physical restraints, for residents in their care.   History: En. Sec. 1, Ch. 347, L. 2001.  
  50-5-1202. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Long-term care facility" means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101.   (3) "Medical symptom" means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient.   (4) "Physician" includes an advanced practice registered nurse to the extent permitted by federal law.   (5) "Resident" means a person who lives in a long-term care facility.   (6) (a) "Safety devices" means side rails, tray tables, seatbelts, and other similar devices.   (b) The term does not include protective restraints as defined in 21 CFR 880.6760.   History: En. Sec. 2, Ch. 347, L. 2001; amd. Sec. 6, Ch. 54, L. 2003.  
  50-5-1203. Procedures -- informed consent -- physician involvement. (1) Upon receiving a request for use of a safety device, a long-term care facility shall inform the requestor of the alternatives and risks associated with the use of the safety device. The long-term care facility shall provide the requested safety device to the resident upon receipt of:   (a) a signed consent form authorizing its use and acknowledging receipt of specific information about available alternatives and risks; and   (b) a written order from the attending physician that specifies the circumstances under and the duration for which the safety device may be used and the medical symptoms that the safety device is intended to address.   (2) The requirements of subsection (1) do not apply if a side rail or other device is used only as an assistive device and does not restrict the resident's movement from bed or chair.   History: En. Sec. 3, Ch. 347, L. 2001.  
  50-5-1204. Long-term care facility procedures. A long-term care facility that provides a safety device under 50-5-1203 shall:   (1) document that the procedures outlined in 50-5-1203 have been followed;   (2) monitor the use of the safety device in accordance with accepted standards of practice;   (3) reevaluate the resident's need for the safety device, no less than quarterly, in consultation with the resident, the resident's family, and the attending physician.   History: En. Sec. 4, Ch. 347, L. 2001.  
  50-5-1205. Survey compliance and department enforcement -- rulemaking authority. (1) The department is granted rulemaking authority for the purposes of implementing this part.   (2) When determining compliance with state and federal standards for the use of a safety device, the department is bound by the statements and determinations contained in the attending physician's order regarding medical symptoms. A written order from the attending physician that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the safety device.   (3) A long-term care facility may not be subject to fines, civil penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a safety device as authorized in this part.   (4) This section does not preclude the department from taking action to protect the safety and health of the resident if there is clear and convincing evidence that:   (a) the use of the safety device has jeopardized the health and safety of the resident; and   (b) the long-term care facility has failed to take reasonable measures to protect the health and safety of the resident.   History: En. Sec. 5, Ch. 347, L. 2001.  
  50-5-1301. Definitions. As used in this part, the following definitions apply:   (1) "Adult" means any person 18 years of age or older.   (2) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.   (3) "Attending health care provider" means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.   (4) "Decisional capacity" means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment.   (5) "Health care facility" means a hospital, critical access hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101.   (6) "Health care provider" means any individual licensed or certified by the state to provide health care.   (7) "Interested person" means a patient's:   (a) spouse;   (b) parent;   (c) adult child, sibling, or grandchild; or   (d) close friend.   (8) "Medical proxy decisionmaker" means a physician or advanced practice registered nurse designated by the attending health care provider.   (9) "Physician" means an individual licensed pursuant to Title 37, chapter 3.   (10) "Physician assistant" means an individual licensed pursuant to Title 37, chapter 20, whose duties and delegation agreement authorizes the individual to undertake the activities allowed under this part.   (11) (a) "Lay proxy decisionmaker" means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity.   (b) The term does not include the patient's attending health care provider.   History: En. Sec. 1, Ch. 285, L. 2017.  
  50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker. (1) An attending health care provider may determine that an adult patient lacks decisional capacity related to medical treatment. The determination must be documented in the patient's medical record.   (2) (a) The attending health care provider shall make specific findings related to the cause, nature, and projected duration of the patient's lack of decisional capacity. The findings must be included in the patient's medical record.   (b) Health care providers must use evidence-based methodologies for determining decisionmaking capacity. The method used to determine decisionmaking capacity may be selected in collaboration with a medical ethics committee.   (c) Patients with chronic cognitive disabilities may require assessment by health care providers familiar with the patient's specific disability. If available, health care providers familiar with the patient's chronic cognitive disability must be consulted to assess decisionmaking capacity.   (d) Patients for whom English is a second language must be assessed by a health care provider in the presence of an interpreter who is fluent in the patient's primary language. Patients who communicate using American sign language must be assessed in the presence of an interpreter fluent in American sign language.   (3) A health care provider or health care facility may rely in good faith upon the medical treatment decision of a proxy decisionmaker selected or appointed in accordance with this part if an adult patient's attending health care provider determines that the patient lacks decisional capacity and the patient does not have:   (a) a guardian with medical decisionmaking authority;   (b) an agent appointed in a medical durable power of attorney; or   (c) any other known person with the legal authority to provide consent or refusal of medical treatment on the patient's behalf.   (4) Guardianship proceedings may be initiated by the health care facility in the absence of family or interested parties at the same time that a proxy decisionmaker is selected to meet the patient's current decisional needs. If a guardian is appointed, the guardian shall assume the proxy decisionmaker role.   History: En. Sec. 2, Ch. 285, L. 2017.  
  50-5-1303. Notification to interested persons -- selection of proxy decisionmaker. (1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider's designee shall make reasonable efforts to notify the patient of:   (a) the determination that the patient lacks decisional capacity; and   (b) the identity of a lay or medical proxy decisionmaker selected or appointed pursuant to this part.   (2) An attending health care provider or the provider's designee shall make reasonable efforts to locate and notify as many interested persons as practicable to inform them of the patient's lack of decisional capacity and ask that a lay proxy decisionmaker be selected for the patient.   (3) The attending health care provider may rely on interested persons contacted by the provider or the provider's designee to notify other family members or interested persons.   (4) Interested persons who are informed of the patient's lack of decisional capacity shall make reasonable efforts to reach a consensus as to who among them will make medical treatment decisions on behalf of the patient. In selecting a lay proxy decisionmaker, the interested persons should consider which proposed decisionmaker:   (a) has a close relationship with the patient; and   (b) is most likely to have current knowledge of the patient's wishes regarding medical treatment.   (5) Nothing in this section precludes an interested person from initiating a guardianship proceeding for any reason at any time.   History: En. Sec. 3, Ch. 285, L. 2017.  
  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.   History: En. Sec. 4, Ch. 285, L. 2017.  
  50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers. (1) The attending health care provider and a health care provider appointed pursuant to 50-5-1304 to serve as a medical proxy decisionmaker shall adhere to the following guidelines for proxy decisionmaking:   (a) for routine treatments and procedures that are low-risk and within broadly accepted standards of medical practice, the attending health care provider may make health care treatment decisions;   (b) for treatment involving anesthesia, invasive procedures, significant risk of complications, or otherwise requiring written, informed consent, the attending health care provider shall obtain the written consent of the medical proxy decisionmaker;   (c) for end-of-life treatment that is nonbeneficial and involves withholding or withdrawing specific medical treatments, the attending health care provider shall obtain:   (i) an independent concurring opinion from a physician or advanced practice registered nurse other than the medical proxy decisionmaker;   (ii) a consensus with the medical ethics committee, if available; and   (iii) a consensus with the health care facility's chaplain if a medical ethics committee is not available.   (2) Artificial nourishment and hydration may be withheld or withdrawn from a patient upon a decision of a physician or advanced practice registered nurse serving as a medical proxy decisionmaker only when the attending health care provider and an independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration cannot reasonably be expected to prolong life, would be excessively burdensome for the patient, or would cause the patient significant physical discomfort, such as from complications from the procedures used.   (3) (a) Nothing in this part may be construed as condoning, authorizing, or approving euthanasia or mercy killing.   (b) Nothing in this part may be construed as permitting an affirmative or deliberate act to end a person's life except to permit natural death.   (4) When a lay or medical proxy decisionmaker has not been appointed and the attending health care provider determines that a patient requires end-of-life treatment that includes artificial nourishment and hydration, before a lay or medical proxy decisionmaker may be appointed the attending health care provider or health care facility shall petition the court to have a temporary guardian appointed as provided in 72-5-317. If the petition to have a temporary guardian appointed is not timely or successful considering the exigencies of the situation, a lay or medical proxy decisionmaker may be appointed.   History: En. Sec. 5, Ch. 285, L. 2017.  
  50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment. The medical ethics committee of a health care facility shall assist a lay or medical proxy decisionmaker upon request if the lay or medical proxy decisionmaker is considering or has made a decision to withhold or withdraw medical treatment. If the health care facility treating the patient does not have a medical ethics committee, the facility may provide an outside referral for assistance or consultation.   History: En. Sec. 6, Ch. 285, L. 2017.  
  50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker. The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care provider, or the lay or medical proxy decisionmaker believes the patient has regained decisional capacity. The attending health care provider shall enter the determination and the basis for the determination into the patient's medical record and shall notify the patient, the lay or medical proxy decisionmaker, and the person who requested the redetermination of decisional capacity, if the request was made by someone other than the patient or proxy decisionmaker.   History: En. Sec. 7, Ch. 285, L. 2017.  
  50-5-1308. Immunity. (1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.   (2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.   (3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.   (4) The immunity provided by this section does not apply to:   (a) a health care facility that is owned or operated by the state or a political subdivision of the state;   (b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or   (c) health care providers who are employed by the state or a political subdivision of the state.   History: En. Sec. 8, Ch. 285, L. 2017.  
  50-5-201. License requirements. (1) A facility or licensee considering construction of or alteration or addition to a health care facility shall submit plans and specifications to the department for preliminary inspection and approval prior to commencing construction.   (2) A person may not operate a health care facility unless the facility is licensed by the department. Licenses may be issued for a period of 1 to 3 years in duration. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transferred.   (3) Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department.   (4) Licenses must be displayed in a conspicuous place near the admitting office of the facility.   History: En. Sec. 161, Ch. 197, L. 1967; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 69-5203; amd. Sec. 2, Ch. 37, L. 1979; amd. Sec. 8, Ch. 347, L. 1979; amd. Sec. 1, Ch. 405, L. 1991; amd. Sec. 11, Ch. 415, L. 1993.  
  50-5-202. License fees. The department shall collect fees for each license issued for deposit in the state general fund as follows:   (1) facilities with 20 beds or less--$20;   (2) facilities with 21 beds or more--$1 per bed.   History: En. Sec. 162, Ch. 197, L. 1967; amd. Sec. 1, Ch. 282, L. 1975; R.C.M. 1947, 69-5204.  
  50-5-203. Application for license. The procedure to apply for a license is as follows:   (1) At least 30 days prior to the opening of a facility and after that no later than the expiration date of the license, application is made to the department accompanied by the license fee.   (2) The application shall contain:   (a) the name and address of the applicant if an individual, the name and address of each member if a firm, partnership, or association, or the name and address of each officer if a corporation;   (b) the location of the facility;   (c) the name of the person or persons who will manage or supervise the facility;   (d) the number and type of patients or residents for which care is provided;   (e) any information which the department may require pertaining to the number, experience, and training of employees;   (f) information on ownership, contract, or lease agreement if operated by a person other than the owner.   (3) Applications must include attestation or supporting documentation required by the department pertaining to the licensure of specialty hospitals using the procedures provided in parts 1 and 2 of this chapter. The attestation may be used as the basis for the issuance of a provisional or temporary license.   History: En. Sec. 163, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 2, Ch. 282, L. 1975; R.C.M. 1947, 69-5205; amd. Sec. 2, Ch. 405, L. 1991; amd. Sec. 2, Ch. 466, L. 2007.  
  50-5-204. Issuance and renewal of licenses -- inspections. (1) After receipt of a new application and notice that the facility is ready to be inspected, the department or its authorized agent shall conduct an initial inspection of the facility within 45 days.   (2) After receipt of an application for renewal of a license, the department or its authorized agent shall inspect the facility without prior notice to the operator or staff.   (3) If the department determines that the facility meets minimum standards and the proposed or existing staff is qualified, the department shall issue a license for a period of 1 to 3 years in duration.   (4) If minimum standards are not met, the department may issue a provisional license for less than 1 year if operation will not result in undue hazard to patients or residents or if the demand for accommodations offered is not met in the community.   (5) The minimum standards that home health agencies must meet in order to be licensed must be as outlined in 42 U.S.C. 1395x(o), as amended, and in rules implementing it that add minimum standards.   (6) The department may inspect a licensed health care facility whenever it considers it necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.   History: En. Sec. 164, Ch. 197, L. 1967; R.C.M. 1947, 69-5206; amd. Sec. 9, Ch. 347, L. 1979; amd. Sec. 1, Ch. 5, Sp. L. 1981; amd. Sec. 1, Ch. 443, L. 1985; amd. Sec. 1, Ch. 143, L. 1987; amd. Sec. 3, Ch. 405, L. 1991; amd. Sec. 4, Ch. 366, L. 1995.  
  50-5-205. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 165, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 23, Ch. 187, L. 1977; R.C.M. 1947, 69-5207.  
  50-5-206. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 166, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5208.  
  50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license. (1) The department may deny, suspend, or revoke a health care facility license if any of the following circumstances exist:   (a) The facility fails to meet the minimum standards pertaining to it prescribed under 50-5-103.   (b) The staff is insufficient in number or unqualified by lack of training or experience.   (c) The applicant or any person managing it has been convicted of a felony and denial of a license on that basis is consistent with 37-1-203 or the applicant otherwise shows evidence of character traits inimical to the health and safety of patients or residents.   (d) The applicant does not have the financial ability to operate the facility in accordance with law or rules or standards adopted by the department.   (e) There is cruelty or indifference affecting the welfare of the patients or residents.   (f) There is misappropriation of the property or funds of a patient or resident.   (g) There is conversion of the property of a patient or resident without the patient's or resident's consent.   (h) Any provision of parts 1 through 3 is violated.   (2) The department may reduce a license to provisional status if as a result of an inspection it is determined that the facility has failed to comply with a provision of part 1 or 2 of this chapter or has failed to comply with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   (3) The denial, suspension, or revocation of a health care facility license is not subject to the certificate of need requirements of part 3.   (4) The department may provide in its revocation order that the revocation is in effect for up to 2 years. If this provision is appealed, it must be affirmed or reversed by the court.   History: En. Sec. 167, Ch. 197, L. 1967; R.C.M. 1947, 69-5209; amd. Sec. 10, Ch. 347, L. 1979; amd. Sec. 12, Ch. 415, L. 1993; amd. Sec. 253, Ch. 546, L. 1995; amd. Sec. 3, Ch. 351, L. 2007; amd. Sec. 2, Ch. 310, L. 2009.  
  50-5-208. Hearing required. (1) A license may not be denied, suspended, or revoked without notice and an opportunity for a hearing before the department.   (2) Notice must be given the applicant or licensee of a date, not less than 15 days after mailing or service, for a hearing before the department.   (3) The decision of the department is final 30 days after it is mailed or served unless the applicant or licensee commences an action in the district court to appeal the decision. An appeal must be in the district court where the facility is located or will be located.   History: En. Sec. 168, Ch. 197, L. 1967; amd. Sec. 73, Ch. 349, L. 1974; R.C.M. 1947, 69-5210; amd. Sec. 254, Ch. 546, L. 1995.  
  50-5-209. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 177, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5219.  
  50-5-210. Department to make rules -- standards for hospices. (1) The department shall by rule establish standards for the licensure of a hospice. These standards must consider the terminally ill patient and the patient's family as a unit and require service delivery through a medically directed interdisciplinary team of professionals and volunteers acting under a defined hospice administration.   (2) A hospice must meet the standards of care defined by law for any skilled care it provides that normally would be provided by a licensed facility such as a hospital, skilled nursing facility, or home health agency.   (3) The department shall by rule establish standards for the licensure of a residential hospice facility.   (4) The department shall by rule establish standards for the licensure of a freestanding inpatient hospice facility in accordance with medicare certification regulations contained in 42 CFR, part 418, subparts C through E, as adopted by the department. To be licensed by the department, the facility must be managed directly by a medicare-certified hospice.   History: En. Sec. 2, Ch. 324, L. 1983; amd. Sec. 2, Ch. 151, L. 1993.  
  50-5-211. Hospital hospice programs -- exemptions from separate licensure. A hospice program provided by a hospital need not be separately licensed if the department finds that such program meets the standards of 50-5-210.   History: En. Sec. 3, Ch. 324, L. 1983.  
  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).   History: En. Sec. 3, Ch. 219, L. 1987; amd. Sec. 1, Ch. 540, L. 1989; amd. Sec. 1814, Ch. 56, L. 2009.  
  50-5-213. Requirements for home infusion therapy services. An agency providing home infusion therapy services shall directly provide either the home infusion therapy services or skilled nursing services and may either directly provide or may arrange for the provision of the other services.   History: En. Sec. 10, Ch. 366, L. 1995.  
  50-5-214. Requirements for retirement homes. A retirement home shall offer meals or central kitchens but may not offer nursing or personal-care services to the residents, other than by a contract with a third party.   History: En. Sec. 11, Ch. 366, L. 1995.  
  50-5-215. Standards for adult foster care homes. The department may adopt rules establishing standards for the licensing of adult foster care homes. The standards must provide for the safety and comfort of the residents and may be adopted by the department only after receiving the advice and recommendations of the state fire prevention and investigation section of the department of justice in relation to fire and safety requirements for adult foster care homes.   History: En. Sec. 12, Ch. 366, L. 1995; amd. Sec. 15, Ch. 449, L. 2007.  
  50-5-216. Limitation on care provided in adult foster care home. (1) Except as provided in this section, the types of care offered by adult foster care homes are limited to light personal care or custodial care and may not include skilled nursing care.   (2) An adult foster care home may be licensed to provide care for an adult receiving state-funded services through the developmental disabilities program of the department or for an adult who resided in the home before reaching 18 years of age, even though the adult is:   (a) in need of skilled nursing care;   (b) in need of medical, physical, or chemical restraint;   (c) nonambulatory or bedridden;   (d) incontinent to the extent that bowel or bladder control is absent; or   (e) unable to self-administer medications.   (3) An adult foster care home that applies for a license under subsection (2) shall provide the department with a copy of the statement required in subsection (4).   (4) A resident of an adult foster care home licensed under subsection (2) must have a certification in the form of a signed statement, renewed on an annual basis, from a physician, a physician assistant, a nurse practitioner, or a registered nurse, whose work is unrelated to the operation of the home and who has actually visited the home within the year covered by the statement and certifies that:   (a) the services available to the resident in the home or in the community, or services that may be brought into the home from the community, including nursing services or therapies, are appropriate for meeting the health care or other needs of the resident; and   (b) the health care status of the resident does not necessitate placing the resident in a more intensive residential service setting.   (5) As used in this section, "skilled nursing care" means 24-hour care supervised by a registered nurse or a licensed practical nurse under the orders of an attending physician.   History: En. Sec. 13, Ch. 366, L. 1995; amd. Sec. 2, Ch. 133, L. 1999; amd. Sec. 24, Ch. 519, L. 2005.  
  50-5-217 through 50-5-219 reserved.  
  50-5-220. Licensure of outdoor behavioral programs -- exemption. (1) The department shall provide for licensure of a qualified outdoor behavioral program that accepts public funding. An outdoor behavioral program that does not accept public funds or governmental contracts is exempt from licensure.   (2) The department shall develop administrative rules for licensure that must include program requirements, staff requirements, staff-to-youth ratios, staff training and health requirements, youth admission requirements, water and nutritional requirements, health care and safety, environmental requirements, infectious disease control, transportation, and evacuation. The department may accept accreditation by a nationally recognized accrediting or certifying body but may not require the accreditation.   History: En. Sec. 2, Ch. 348, L. 2003.  
  50-5-221. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 11, Ch. 347, L. 1979.  
  50-5-222 and 50-5-223 reserved.  
  50-5-224. Renumbered 53-21-199. Code Commissioner, 2019.  
  50-5-225. Assisted living facilities -- services to residents -- employee background checks. (1) An assisted living facility shall, at a minimum, provide or make provisions for:   (a) personal services, such as laundry, housekeeping, food service, and local transportation;   (b) assistance with activities of daily living, as provided for in the facility admission agreement and that do not require the use of a licensed health care professional or a licensed practical nurse;   (c) recreational activities;   (d) assistance with self-medication;   (e) 24-hour onsite supervision by staff; and   (f) assistance in arranging health-related services, such as medical appointments and appointments related to hearing aids, glasses, or dentures.   (2) An assisted living facility may provide, make provisions for, or allow a resident to obtain third-party provider services for:   (a) the administration of medications consistent with applicable laws and regulations; and   (b) skilled nursing care or other skilled services related to temporary, short-term, acute illnesses, which may not exceed 30 consecutive days for one episode or more than a total of 120 days in 1 year.   (3) An assisted living facility shall conduct a background check on all individuals who have accepted employment. The background check may be a name-based background check.   (4) An assisted living facility may not employ a person who:   (a) has been found guilty in a court of law of an offense involving abuse, neglect, exploitation, mistreatment, or misappropriation of property;   (b) has been subject to disciplinary action by a state professional licensing board because of a finding of abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property; or   (c) has had a finding entered into the state nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property.   (5) An assisted living facility may provisionally employ an individual pending the results of a background check.   History: En. Sec. 1, Ch. 597, L. 1983; amd. Sec. 3, Ch. 54, L. 2003; amd. Sec. 1, Ch. 362, L. 2019.  
  50-5-226. Placement in assisted living facilities. (1) An assisted living facility may provide personal-care services to a resident who is 18 years of age or older and in need of the personal care for which the facility is licensed under 50-5-227.  (2) An assisted living facility licensed as a category A facility under 50-5-227 may not admit or retain a category A resident unless each of the following conditions is met:   (a) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.   (b) The resident may not have a stage 3 or stage 4 pressure ulcer.   (c) The resident may not have a gastrostomy or jejunostomy tube.   (d) The resident may not require skilled nursing care or other skilled services on a continued basis except for the administration of medications consistent with applicable laws and regulations.   (e) The resident may not be a danger to self or others.   (f) The resident must be able to accomplish activities of daily living with supervision and assistance based on the following:   (i) the resident may not be consistently and totally dependent in four or more activities of daily living as a result of a cognitive or physical impairment; and   (ii) the resident may not have a severe cognitive impairment that renders the resident incapable of expressing needs or making basic care decisions.   (3) An assisted living facility licensed as a category B facility under 50-5-227 may not admit or retain a category B resident unless each of the following conditions is met:   (a) The resident may require skilled nursing care or other services for more than 30 days for an incident, for more than 120 days a year that may be provided or arranged for by either the facility or the resident, and as provided for in the facility agreement.   (b) The resident may be consistently and totally dependent in more than four activities of daily living.   (c) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.   (d) The resident may not be a danger to self or others.   (e) The resident must have a practitioner's written order for admission as a category B resident and written orders for care.   (f) The resident must have a signed health care assessment, renewed on a quarterly basis by a licensed health care professional who:   (i) actually visited the facility within the calendar quarter covered by the assessment;   (ii) has certified that the particular needs of the resident can be adequately met in the facility; and   (iii) has certified that there has been no significant change in health care status that would require another level of care.   (4) An assisted living facility licensed as a category C facility under 50-5-227 may not admit or retain a category C resident unless each of the following conditions is met:   (a) The resident has a severe cognitive impairment that renders the resident incapable of expressing needs or of making basic care decisions.   (b) The resident may be at risk for leaving the facility without regard for personal safety.   (c) Except as provided in subsection (4)(b), the resident may not be a danger to self or others.   (d) The resident may not require physical or chemical restraint or confinement in locked quarters, but may consent to the use of safety devices pursuant to Title 50, chapter 5, part 12.   (5) (a) An assisted living facility licensed as a category D facility under 50-5-227 may not admit or retain a category D resident unless each of the conditions in subsections (5)(b) and (5)(c) is met or a court has ordered diversion as provided in subsection (5)(d).   (b) The resident must be dependent on assistance for two or more activities of daily living and may require skilled nursing care or other services that may be provided or arranged for by either the facility or the resident or provided for in the facility agreement.   (c) The resident must be assessed by a practitioner or adjudged by a court as having been or potentially being a danger to self or others. The practitioner shall submit both a health care assessment, renewed on a monthly basis, and a written order for care that:   (i) provides information on behavioral patterns under which the category D resident may pose a threat to others and may need to be kept separate from other category D residents or residents in other categories of assisted care;   (ii) lists the conditions under which the category D resident can be reasonably, temporarily restrained, using protective restraints, medications, or confinement to avoid harm to the resident or others;   (iii) includes a reason why a category D assisted living facility is more appropriate than other options for care and provides an assessment of the resident's needs and plan for care; and   (iv) indicates the timeframe over which the resident's health care status has remained the same or changed.   (d) A court may order a diversion from an involuntary commitment to Montana state hospital or from the Montana mental health nursing care center as provided in 53-21-127 or 53-21-199. A diversion ordered pursuant to 53-21-199 may be an involuntary commitment but must be treated as provided in 53-21-181.   (6) For category B, C, and D residents, the assisted living facility shall specify services that it will provide in the facility admission criteria.   (7) The department shall develop standardized forms and education and training materials to provide to the assisted living facilities and to the licensed health care professionals who are responsible for the signed statements provided for in subsection (3)(f). The use of the standardized forms is voluntary.   (8) The department shall provide by rule:   (a) an application or placement procedure informing a prospective resident and, if applicable, the resident's practitioner of:   (i) physical and mental standards for residents of assisted living facilities;   (ii) requirements for placement in a facility with a higher standard of care if a resident's condition deteriorates; and   (iii) the services offered by the facility and services that a resident may receive from third-party providers while the resident lives at the facility;   (b) standards to be used by a facility and, if appropriate, by a screening agency to screen residents and prospective residents to prevent residence by individuals referred to in subsections (3) through (5). An individual subject to 46-14-301 is not eligible to be placed in a category D assisted living facility.   (c) a method by which the results of any screening decision made pursuant to rules established under subsection (8)(b) may be appealed by the facility operator or by or on behalf of a resident or prospective resident;   (d) standards for operating a category A assisted living facility, including standards for the physical, structural, environmental, sanitary, infection control, dietary, social, staffing, and recordkeeping components of a facility and the storage and administration of over-the-counter and prescription medications;   (e) standards for operating a category B assisted living facility, which must include the standards for a category A assisted living facility and additional standards for assessment of residents, care planning, qualifications and training of staff, prevention and care of pressure sores, and incontinence care; and   (f) standards for operating a category C and a category D assisted living facility, which must include the standards for a category B assisted living facility and additional standards for resident assessment, the provision of specialty care to residents with cognitive impairments, and additional qualifications of and training for the administrator and direct-care staff. The standards for a category D assisted living facility must also include specific safety and restraint training.   History: En. Sec. 2, Ch. 597, L. 1983; amd. Sec. 1, Ch. 140, L. 1985; amd. Sec. 2, Ch. 590, L. 1993; amd. Sec. 5, Ch. 366, L. 1995; amd. Sec. 255, Ch. 546, L. 1995; amd. Sec. 1, Ch. 331, L. 2001; amd. Sec. 4, Ch. 54, L. 2003; amd. Sec. 2, Ch. 402, L. 2017.  
  50-5-227. Licensing assisted living facilities. (1) The department shall by rule adopt standards for licensing and operation of assisted living facilities to implement the provisions of 50-5-225 and 50-5-226.   (2) The department may deny, suspend, or revoke the license of an assisted living facility if the department finds a demonstrated pattern of noncompliance with the employee background check requirements of 50-5-225.   (3) The following licensing categories must be used by the department in adopting rules under subsection (1):   (a) category A facility serving residents requiring the level of care as provided for in 50-5-226(2);   (b) category B facility providing skilled nursing care or other skilled services to five or fewer residents who meet the requirements stated in 50-5-226(3);   (c) category C facility providing services to residents with cognitive impairments requiring the level of care stated in 50-5-226(4); or   (d) category D facility providing services to residents with mental disorders who may be a temporary harm to themselves or others and who require the level of care stated in 50-5-226(5).   (4) (a) A single facility meeting the applicable requirements for a category A facility may additionally be licensed to provide category B or category C services with the approval of the department.   (b) If a single facility meeting the applicable requirements as provided in subsection (4)(a) further seeks to be licensed as a category D facility, the facility shall provide documentation that indicates the facility can keep all residents safe.   (5) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.   History: En. Sec. 3, Ch. 597, L. 1983; amd. Sec. 3, Ch. 590, L. 1993; amd. Sec. 6, Ch. 366, L. 1995; amd. Sec. 256, Ch. 546, L. 1995; amd. Sec. 5, Ch. 54, L. 2003; amd. Sec. 3, Ch. 402, L. 2017; amd. Sec. 2, Ch. 362, L. 2019.  
  50-5-228. Limited licensing. The department may grant a license that is provisional upon the correction of noncompliance with provisions of 50-5-225 through 50-5-228 or rules adopted pursuant to 50-5-225 through 50-5-228. A provisional license may be granted only for a specific period of time and may not be renewed.   History: En. Sec. 4, Ch. 597, L. 1983; amd. Sec. 208, Ch. 42, L. 1997.  
  50-5-229. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 5, Ch. 597, L. 1983.  
  50-5-230. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 6, Ch. 597, L. 1983.  
  50-5-231. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Secs. 2, 3, Ch. 433, L. 1981.  
  50-5-232. Patient protection account -- deposit of funds. (1) There is a patient protection account in the state special revenue fund.   (2) There is deposited in the patient protection account money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source that are intended to be used for the purposes of the account.   (3) The funds deposited in the patient protection account may be used only:   (a) to pay for the costs of a receivership; and   (b) to pay for the cost of department-initiated relocation of residents.   (4) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general fund.   History: En. Sec. 7, Ch. 415, L. 1993; amd. Sec. 44, Ch. 422, L. 1997.  
  50-5-233. Designation of critical access hospitals -- adoption of rules. (1) The department may designate as a critical access hospital a facility that:   (a) is:   (i) located more than 35 road miles or, in the case of a facility located in mountainous terrain or where only secondary roads exist, more than 15 road miles from a hospital or another critical access hospital; or   (ii) a necessary provider of health care services to residents of the area where the facility is located;   (b) provides 24-hour emergency care that is necessary for ensuring access to emergency care services in the area served by the facility;   (c) complies with the bed limitations adopted by rule, not to exceed the number specified in 42 U.S.C. 1395i-4(c)(2)(B), (c)(2)(E), and (f);   (d) provides inpatient acute care for a period not exceeding 96 hours, as determined on an average, annual basis for each patient;   (e) complies with the staffing requirements of 42 U.S.C. 1395i-4(c)(2)(B)(iv); and   (f) operates a quality assessment and performance improvement program and follows appropriate procedures for review of utilization of services as specified in 42 U.S.C. 1395x(aa)(2)(I).   (2) The department shall adopt rules to implement this section, including the following:   (a) standards for determining whether the facility qualifies as a necessary provider pursuant to subsection (1)(a)(ii);   (b) standards for determining whether the 24-hour emergency care provided is necessary to ensure that the area served by the facility has adequate access to emergency care services;   (c) procedures for applying for and receiving designation as a critical access hospital; and   (d) designation of the maximum number of beds allowed pursuant to subsection (1)(c) and consistent with federal law.   History: En. Sec. 5, Ch. 192, L. 2001; amd. Sec. 1, Ch. 7, L. 2005.  
  50-5-234 reserved.  
  50-5-235. Hourly limitation waivable by department or department's designee. The department or the department's designee may waive the 24-hour limitation related to recovery care beds, as defined in 50-5-101, as that limitation applies to a particular bed, if the attending physician of the individual occupying the bed determines that the waiver is medically appropriate. The waiver may be granted by the department before or after the 24-hour limitation is exceeded.   History: En. Sec. 2, Ch. 366, L. 2001.  
  50-5-236 and 50-5-237 reserved.  
  50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking. (1) The department shall adopt procedures for licensing intermediate care facilities for the developmentally disabled. A person may not operate an intermediate care facility for the developmentally disabled without a license. The application for a license must include:   (a) the name and address of the applicant;   (b) the location of the intermediate care facility for the developmentally disabled;   (c) the name of the person or persons who will manage or supervise the intermediate care facility for the developmentally disabled;   (d) the number of persons with developmental disabilities who will receive care at the intermediate care facility for the developmentally disabled; and   (e) other information required by the department by rule.   (2) The department may adopt rules establishing standards for licensing intermediate care facilities for the developmentally disabled. The standards must address the protection of residents' rights, individual resident treatment and habilitation needs, staffing requirements, including qualifications, resident behavior and facility practices, health care services, physical environment, dietetic services, and recordkeeping.   History: En. Sec. 5, Ch. 403, L. 2003.  
  50-5-239 through 50-5-244 reserved.  
  50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium. (1) Subject to subsection (4), the department shall license specialty hospitals using the requirements for licensure of hospitals and the procedure provided for in parts 1 and 2 of this chapter.   (2) Prior to approving an application under this section, the department shall adopt rules that are necessary to implement and administer this section.   (3) Notwithstanding the requirements of subsection (1), the department may not accept an application or issue a license for a specialty hospital before July 1, 2009.   (4) A health care facility licensed by the department and in existence on May 8, 2007, may not change its licensure status in order to qualify for licensure as a specialty hospital unless the health care facility is licensed as a hospital and the hospital is not subject to the provisions of 50-5-246 and subsections (5) through (9) of this section.   (5) A specialty hospital meets the 24-hour emergency care requirements for a hospital, as defined in 50-5-101, if it has an agreement with a hospital in the area served by the specialty hospital stating that the hospital will provide 24-hour emergency care to patients of the specialty hospital.   (6) A specialty hospital applying for a license must have:   (a) a charity care policy meeting the provisions of 50-5-121 and, if applicable, subsection (9) of this section; and   (b) a joint venture relationship with a hospital; or   (c) a signed statement from a nonprofit hospital in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the applicant.   (7) A specialty hospital owned by physicians and proposed as a joint venture with a nonprofit hospital in the community may be licensed if:   (a) the majority of partnering physicians hold active privileges with the joint venture hospital; and   (b) the partnering hospital holds an ownership interest of at least 50%.   (8) This section does not prohibit physicians who are partners in a specialty hospital that is proposed as a joint venture from managing the specialty hospital.   (9) The charity care policy for a specialty hospital applying as a joint venture with a nonprofit hospital in the community must be the same as the policy used by the nonprofit hospital.   History: En. Sec. 2, Ch. 365, L. 2005; amd. Sec. 3, Ch. 466, L. 2007; amd. Sec. 4, Ch. 456, L. 2009.  
  50-5-246. Specialty hospital application process -- impact study. (1) The application process for a specialty hospital must include an impact study that analyzes the financial and operational impacts of the proposed specialty hospital on existing health care facilities in the service area.   (2) An applicant for a specialty hospital license shall:   (a) provide the department with a list of independent consultants who could conduct the impact study required under this section; and   (b) pay the costs of the impact study.   (3) The department shall:   (a) approve a consultant to conduct an impact study from among the consultants submitted by the applicant or from a list of consultants known to the department;   (b) determine the scope of the study necessary to assess the potential positive and adverse impacts on access to health care services in the applicant's proposed service area; and   (c) provide an opportunity for public comment and participation in the study process, including the opportunity to comment on the list of consultants provided by an applicant pursuant to subsection (2)(a).   (4) The scope of the study established by the department may include but is not limited to:   (a) the impact on health care costs in the service area;   (b) the impacts on access to emergency care, mental health care, and other subsidized services provided in the service area; and   (c) the operational impacts on existing health care facilities located in the service area.   (5) The impact study must be completed within 180 days of the date the department establishes the scope of the study.   (6) If the department finds, based on the results of the impact study and public comment, that a proposed specialty hospital would adversely affect an existing hospital or the community's access to health care services, the department shall:   (a) impose conditions on the applicant and on the specialty hospital, if licensed, to mitigate the adverse impact on the community; or   (b) deny a license to the applicant.   History: En. Sec. 5, Ch. 456, L. 2009.  
  50-5-247. Licensure of eating disorder centers -- rulemaking -- definition. (1) The department shall license eating disorder centers that provide intensive outpatient or partial hospitalization programs for individuals with eating disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.   (2) The department shall adopt administrative rules for licensure, including but not limited to rules establishing:   (a) patient-to-staff ratios;   (b) the treatment services that must be available on site or through arrangements with other health care facilities, including crisis and hospital services; and   (c) license and inspection fees. Fees must be reasonably related to service costs.   (3) The rules may not establish requirements that are more stringent than standards established by the commission on accreditation of rehabilitation facilities and the joint commission for accreditation of behavioral health care organizations that provide care for individuals with eating disorders.   (4) For the purposes of this section, "partial hospitalization program" means an active treatment program that offers therapeutically intensive, coordinated, structured treatment services to individuals who have been diagnosed with an eating disorder. Services include day, evening, night, and weekend treatment programs that use an integrated, comprehensive, and complementary schedule of recognized treatment or therapeutic activities.   History: En. Sec. 1, Ch. 345, L. 2017.  
  50-5-301. When certificate of need is required -- definitions -- report on capital expenditures not subject to certificate of need. (1) Unless a person has submitted an application for and is the holder of a certificate of need granted by the department, the person may not initiate any of the following:  (a) a change in the bed capacity of a long-term care facility through an increase in the number of beds or a relocation of beds from one long-term care facility or site to another, unless:   (i) the number of beds involved is 10 or less or 10% or less of the licensed beds, if fractional, rounded down to the nearest whole number, whichever figure is smaller, and no beds have been added or relocated during the 2 years prior to the date on which the letter of intent for the proposal is received;   (ii) a letter of intent is submitted to the department; and   (iii) the department determines that the proposal will not significantly increase the cost of care provided or exceed the bed need projected in the state long-term care facilities plan;   (b) the addition of a health service that is offered by or on behalf of a long-term care facility that was not offered by or on behalf of the facility within the 12-month period before the month in which the service would be offered and that will result in additional annual operating and amortization expenses of $150,000 or more;   (c) the incurring of an obligation for a capital expenditure by any person or persons to acquire 50% or more of an existing long-term care facility unless:   (i) the person submits the letter of intent required by 50-5-302(2); and   (ii) the department finds that the acquisition will not significantly increase the cost of care provided or increase bed capacity;   (d) the construction, development, or other establishment of a long-term care facility that is being replaced or that did not previously exist, by any person, including another type of long-term care facility;   (e) the use of hospital beds in excess of five to provide services to patients or residents needing only skilled nursing care, intermediate nursing care, or intermediate developmental disability care, as those levels of care are defined in 50-5-101; or   (f) the provision by a hospital of services for long-term care.   (2) (a) For purposes of this part, "long-term care facility" means an entity that provides skilled nursing care, intermediate nursing care, or intermediate developmental disability care, as defined in 50-5-101, to a total of two or more individuals.   (b) The term does not include residential care facilities, as defined in 50-5-101; community homes for persons with developmental disabilities, licensed under 53-20-305; community homes for persons with severe disabilities, licensed under 52-4-203; boarding or foster homes for children, licensed under 52-2-622; hotels, motels, boardinghouses, roominghouses, or similar accommodations providing for transients, students, or individuals not requiring institutional health care; or correctional facilities operating under the authority of the department of corrections.   (3) This section may not be construed to require a long-term care facility to obtain a certificate of need for a nonreviewable service that would not be subject to a certificate of need if undertaken by a person other than a long-term care facility.   (4) (a) When a person incurs an obligation by or on behalf of a long-term care facility for a capital expenditure that exceeds $5 million and does not otherwise require a certificate of need under this part, the person shall, upon completion of the project:   (i) notify the department of the total amount of the expenditure; and   (ii) provide a description of the project.   (b) This subsection (4) does not apply to a capital expenditure that involves the acquisition of an existing long-term care facility.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(1); amd. Sec. 3, Ch. 37, L. 1979; amd. Sec. 12, Ch. 347, L. 1979; amd. Sec. 2, Ch. 329, L. 1983; amd. Sec. 2, Ch. 140, L. 1985; amd. Sec. 3, Ch. 450, L. 1987; amd. Sec. 2, Ch. 477, L. 1987; amd. Sec. 14, Ch. 330, L. 1989; amd. Sec. 1, Ch. 377, L. 1989; amd. Sec. 1, Ch. 244, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 2, Ch. 764, L. 1991; amd. Sec. 4, Ch. 590, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 7, Ch. 366, L. 1995; amd. Sec. 3, Ch. 398, L. 1995; amd. Sec. 257, Ch. 546, L. 1995; amd. Sec. 4, Ch. 93, L. 1997; amd. Sec. 5, Ch. 98, L. 1999; amd. Sec. 1, Ch. 286, L. 2001; amd. Sec. 100, Ch. 114, L. 2003; amd. Sec. 28, Ch. 339, L. 2021; amd. Sec. 2, Ch. 477, L. 2021. 
  50-5-302. Letter of intent -- application and review process. (1) The department may adopt rules including but not limited to rules for:  (a) the form and content of letters of intent and applications;   (b) the scheduling of reviews;   (c) the format of public informational hearings and reconsideration hearings;   (d) the circumstances under which applications may be comparatively reviewed; and   (e) the circumstances under which a certificate of need may be approved for the use of hospital beds to provide skilled nursing care, intermediate nursing care, or intermediate developmental disability care to patients or residents needing only that level of care.   (2) At least 30 days before any person or persons acquire or enter into a contract to acquire 50% or more of an existing long-term care facility, they shall submit to the department a letter noting intent to acquire the facility and of the services to be offered in the facility and its bed capacity.   (3) Any person intending to initiate an activity for which a certificate of need is required shall submit a letter of intent to the department.   (4) The department may determine that the proposals should be comparatively reviewed with similar proposals that are also subject to review.   (5) On the 10th day of each month, the department shall publish in a newspaper of general circulation in the area to be served by the proposal a description of each letter of intent received by the department during the preceding calendar month. Within 30 days of the publication, any person who desires comparative review with a proposal described in the publication must submit a letter of intent requesting comparative review.   (6) The department shall give to each person submitting a letter of intent written notice of the deadline for submission of an application for certificate of need, which will be no less than 30 days after the notice is sent.   (7) Within 20 working days after receipt of an application, the department shall determine whether it is complete and, if the application is found incomplete, shall send a written request to the applicant specifying the necessary additional information and a date by which the additional information must be submitted to the department. The department shall allow at least 15 days after the mailing of its written request for the submission of the additional information. Upon receipt of the additional information from the applicant, the department has an additional 15 working days to determine if the application is complete and, if the application is still incomplete, to send a notice to the applicant that the application is incomplete.   (8) If the applicant fails to submit the necessary additional information requested by the department by the deadline prescribed by the department, the application is considered withdrawn.   (9) If the department fails to send either the request for additional information or the notice of incompleteness required by subsection (7) within the period prescribed in subsection (7), the application is considered to be complete on the last day of the time period during which the notice should have been sent.   (10) The review period for an application may be no longer than 90 calendar days after the application is initially received or, if the application is to be comparatively reviewed as provided in subsection (5), within 90 days after all applications to be comparatively reviewed are received. A longer period is permitted with the consent of all affected applicants.   (11) During the review period a public hearing may be held if requested by an affected person or when considered appropriate by the department.   (12) Each completed application may be considered in relation to other applications pertaining to similar types of facilities affecting the same health service area.   (13) The department shall, after considering all comments received during the review period, issue a certificate of need, with or without conditions, or deny the application. The department shall notify the applicant and affected persons of its decision within 5 working days after expiration of the review period.   (14) If the department fails to reach a decision and notify the applicant of its decision within the deadlines established in this section and if that delay constitutes an abuse of the department's discretion, the applicant may apply to district court for a writ of mandamus to force the department to issue the certificate of need.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(part); amd. Sec. 13, Ch. 347, L. 1979; amd. Sec. 3, Ch. 329, L. 1983; amd. Sec. 1, Ch. 26, L. 1985; amd. Sec. 3, Ch. 140, L. 1985; amd. Sec. 3, Ch. 477, L. 1987; amd. Sec. 4, Ch. 398, L. 1995; amd. Sec. 5, Ch. 93, L. 1997; amd. Sec. 3, Ch. 477, L. 2021. 
  50-5-303. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(part).  
  50-5-304. Review criteria, required findings, and standards. The department shall by rule promulgate and use, as appropriate, specific criteria for reviewing certificate of need applications under this chapter, including but not limited to the following considerations and required findings:  (1) the degree to which the proposal being reviewed:   (a) demonstrates that the service is needed by the population within the service area defined in the proposal;   (b) provides data that demonstrates the need for services contrary to the current state long-term care facilities plan, including but not limited to waiting lists, projected service volumes, differences in cost and quality of services, and availability of services; or   (c) is consistent with the current state long-term care facilities plan;   (2) the need that the population served or to be served by the proposal has for the services;   (3) the availability of less costly quality-equivalent or more effective alternative methods of providing the services;   (4) the immediate and long-term financial feasibility of the proposal as well as the probable impact of the proposal on the costs of and charges for providing long-term care services by the person proposing the service;   (5) the relationship and financial impact of the services proposed to be provided to the existing health care system of the area in which the services are proposed to be provided;   (6) the consistency of the proposal with joint planning efforts by health care providers in the area;   (7) the availability of resources, including health and management personnel and funds for capital and operating needs, for the provision of services proposed to be provided and the availability of alternative uses of the resources for the provision of other health services;   (8) the relationship, including the organizational relationship, of the long-term care services proposed to be provided to ancillary or support services;   (9) in the case of a construction project, the costs and methods of the proposed construction, including the costs and methods of energy provision, and the probable impact of the construction project reviewed on the costs of providing long-term care services by the person proposing the construction project;   (10) the distance, convenience, cost of transportation, and accessibility of services offered by long-term care facilities for persons who live outside urban areas in relation to the proposal; and   (11) in the case of a project to add long-term care facility beds:   (a) the need for the beds that takes into account the current and projected occupancy of long-term care beds in the community;   (b) the current and projected population over 65 years of age in the community; and   (c) other appropriate factors.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(3), (4); amd. Sec. 14, Ch. 347, L. 1979; amd. Sec. 4, Ch. 329, L. 1983; amd. Sec. 4, Ch. 477, L. 1987; amd. Sec. 5, Ch. 398, L. 1995; amd. Sec. 6, Ch. 93, L. 1997; amd. Sec. 4, Ch. 477, L. 2021. 
  50-5-305. Period of validity of approved application. (1) A certificate of need expires:   (a) 1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction;   (b) 1 year after the date the project is commenced plus the estimated period of time for completion shown in the application if the approved project is not complete; or   (c) when the department determines, after opportunity for a hearing, that the holder of the certificate of need has violated the provisions of this chapter, rules adopted under this chapter, or the terms of the certificate of need.   (2) For purposes of subsection (1)(a), if a reconsideration hearing is granted or an appeal filed under 50-5-306, the final decision will be that following the hearing or resolving the appeal.   (3) The holder of an unexpired certificate of need subject to expiration under the circumstances specified in subsection (1)(a) or (1)(b) may apply to the department to extend the term of the certificate of need for one additional period not to exceed 6 months. The department may grant an extension upon the applicant's demonstrating good cause as defined by department rule.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(5); amd. Sec. 15, Ch. 347, L. 1979; amd. Sec. 5, Ch. 329, L. 1983; amd. Sec. 5, Ch. 477, L. 1987; amd. Sec. 7, Ch. 93, L. 1997.  
  50-5-306. Right to hearing and appeal. (1) An affected person may request a contested case hearing before the department under the provisions of Title 2, chapter 4, by filing a written request with the department within 30 days after receipt of the notification required in 50-5-302(13). The written request for a hearing must include:   (a) a statement describing each finding and conclusion in the department's initial decision that will be contested at the hearing and why each finding and conclusion is objectionable or in error; and   (b) a summary of the evidence that will be submitted to contest the findings and conclusion identified in subsection (1)(a).   (2) The hearing must be limited to the issues identified under subsection (1) and any other issues identified through discovery.   (3) The public hearing must be held within 30 calendar days after the request is received unless the hearings examiner extends the time limit for good cause.   (4) The department shall make its final decision and serve the appellant with written findings of fact and conclusions of law in support of the decision within 30 days after the conclusion of the hearing unless the parties to the hearing agree to a different date.   (5) Any adversely affected person who was a party to the hearing may appeal the department's final decision to the district court as provided in Title 2, chapter 4, part 7.   (6) On application by a person whose proposal has been approved under the procedure provided for in 50-5-302, a district court may order a person who requested a contested case hearing to pay the successful applicant's costs and attorney fees incurred in the hearing and on appeal, if the court determines that the reasons for requesting the contested case hearing were frivolous.   (7) The department may by rule prescribe in greater detail the hearing and appellate procedures.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(6); amd. Sec. 16, Ch. 347, L. 1979; amd. Sec. 6, Ch. 329, L. 1983; amd. Sec. 2, Ch. 26, L. 1985; amd. Sec. 6, Ch. 477, L. 1987; amd. Sec. 6, Ch. 398, L. 1995; amd. Sec. 8, Ch. 93, L. 1997.  
  50-5-307. Civil penalty -- injunction. (1) A person who violates the terms of 50-5-301 is subject to a civil penalty of not less than $1,000 or more than $10,000. Each day of violation constitutes a separate offense. The department or, upon request of the department, the county attorney of the county where the health care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty shall be deposited in the state general fund.  (2) The department or, upon request of the department, the county attorney of the county where the long-term care facility in question is located may bring an action to enjoin a violation of 50-5-301, in addition to or exclusive of the remedy in subsection (1).   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(part); amd. Sec. 17, Ch. 347, L. 1979; amd. Sec. 5, Ch. 477, L. 2021. 
  50-5-308. Special circumstances. The department shall issue a certificate of need for a proposed capital expenditure if:  (1) the capital expenditure is required to eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to comply with state licensure, certification, or accreditation standards; and   (2) the department has determined that the long-term care facility or service for which the capital expenditure is proposed is needed and that the obligation of the capital expenditure is consistent with the state long-term care facilities plan.   History: En. Sec. 18, Ch. 347, L. 1979; amd. Sec. 7, Ch. 329, L. 1983; amd. Sec. 9, Ch. 93, L. 1997; amd. Sec. 6, Ch. 477, L. 2021. 
  50-5-309. Exemptions from certificate of need review. The following are exempt from a certificate of need review:  (1) construction of a state-owned long-term care facility; and   (2) repair or replacement of a long-term care facility damaged or destroyed as a result of fire, storm, civil disturbance, or an act of God if the use of the facility after repair or replacement is within the scope of the facility's original license issued pursuant to Title 50, chapter 5, part 2.   History: En. Sec. 9, Ch. 329, L. 1983; amd. Sec. 7, Ch. 477, L. 1987; amd. Sec. 10, Ch. 93, L. 1997; amd. Sec. 7, Ch. 477, L. 2021. 
  50-5-310. Fees. (1) There is no fee for filing a letter of intent.   (2) An application for certificate of need approval must be accompanied by a fee that is at least equal to 0.3% of the capital expenditure projected in the application, except that the fee may not be less than $500.   (3) Fees collected under this section must be deposited in the general fund.   History: En. Sec. 8, Ch. 477, L. 1987; amd. Sec. 1, Ch. 538, L. 1993; amd. Sec. 7, Ch. 398, L. 1995; amd. Sec. 11, Ch. 93, L. 1997.  
  50-5-311 through 50-5-315 reserved.  
  50-5-316. Repealed. Sec. 20, Ch. 93, L. 1997.   History: En. Sec. 3, Ch. 616, L. 1989.  
  50-5-317. Repealed. Sec. 4, Ch. 764, L. 1991.   History: En. Sec. 4, Ch. 616, L. 1989.  
  50-5-401. Repealed. Sec. 27, Ch. 347, L. 1979.   History: (1)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (2) thru (7)En. Sec. 180, Ch. 197, L. 1967; amd. Sec. 76, Ch. 349, L. 1974; Sec. 69-5301, R.C.M. 1947; R.C.M. 1947, 69-4102(2), 69-5301.  
  50-5-402. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 181, Ch. 197, L. 1967; amd. Sec. 77, Ch. 349, L. 1974; R.C.M. 1947, 69-5302(part); amd. Sec. 19, Ch. 347, L. 1979.  
  50-5-403. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 187, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5308.  
  50-5-404. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Secs. 182, 183, 184, 186, Ch. 197, L. 1967; amd. Secs. 78, 79, 80, 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5303, 69-5304, 69-5305(part), 69-5307; amd. Sec. 20, Ch. 347, L. 1979.  
  50-5-405. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 181, Ch. 197, L. 1967; amd. Sec. 77, Ch. 349, L. 1974; R.C.M. 1947, 69-5302(part); amd. Sec. 21, Ch. 347, L. 1979.  
  50-5-406. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Secs. 184, 190, Ch. 197, L. 1967; amd. Secs. 79, 107, 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5305(part), 69-5311.  
  50-5-407. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 185, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5306.  
  50-5-408. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 188, Ch. 197, L. 1967; R.C.M. 1947, 69-5309; amd. Sec. 22, Ch. 347, L. 1979.  
  50-5-409. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 189, Ch. 197, L. 1967; amd. Secs. 107 and 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5310(part).  
  50-5-410. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 189, Ch. 197, L. 1967; amd. Secs. 107 and 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5310(part).  
  50-5-411. Repealed. Sec. 1, Ch. 8, L. 1997.   History: En. Sec. 191, Ch. 197, L. 1967; R.C.M. 1947, 69-5312; amd. Sec. 23, Ch. 347, L. 1979.  
  50-5-412. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 192, Ch. 197, L. 1967; R.C.M. 1947, 69-5313.  
  50-5-413 through 50-5-420 reserved.  
  50-5-421. Repealed. Sec. 156, Ch. 370, L. 1987.   History: En. Sec. 1, Ch. 668, L. 1983.  
  50-5-422. Repealed. Sec. 156, Ch. 370, L. 1987.   History: En. Sec. 2, Ch. 668, L. 1983.  
  50-5-423. Repealed. Sec. 156, Ch. 370, L. 1987.   History: En. Sec. 3, Ch. 668, L. 1983.  
  50-5-424. Repealed. Sec. 156, Ch. 370, L. 1987.   History: En. Sec. 4, Ch. 668, L. 1983.  
  50-5-501. Definitions. As used in this part:   (1) "person" includes one or more individuals, partnerships, associations, and corporations;   (2) "sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity.   History: En. 69-5222 by Sec. 1, Ch. 247, L. 1974; R.C.M. 1947, 69-5222.  
  50-5-502. Refusal by hospital or health care facility to participate in sterilization. (1) No private hospital or health care facility shall be required, contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of such hospital or facility as stated by its governing body or board, to admit any person for the purpose of sterilization or to permit the use of its facilities for such purpose.   (2) Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.   History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(1).  
  50-5-503. Refusal by individual to participate in sterilization. (1) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in sterilization because of religious beliefs or moral convictions.   (2) If requested by any hospital or health care facility or person desiring sterilization, such refusal shall be in writing signed by the person refusing but may refer generally to the grounds of "religious beliefs and moral convictions".   (3) The refusal of any person to advise concerning, perform, assist, or participate in sterilization 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.   History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(2).  
  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.   History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(3).  
  50-5-505. Refusal not grounds for loss of privileges, immunities, or public benefits. Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.   History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(4).  
  50-5-601. Short title. This part may be cited as the "Family Practice Training Act of 1985".   History: En. Sec. 1, Ch. 649, L. 1985.  
  50-5-602. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Family practice" means comprehensive medical care with particular emphasis on the family unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex or by a particular organ system or disease entity.   (3) "Residency training" means a community-based family practice program to train family practice resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient and outpatient training.   (4) "Resident physician" means any physician in advanced medical specialty training.   History: En. Sec. 2, Ch. 649, L. 1985; amd. Sec. 93, Ch. 418, L. 1995; amd. Sec. 258, Ch. 546, L. 1995.  
  50-5-603. Montana family practice training program. (1) There is a Montana family practice training program to train resident physicians in family practice.   (2) The program is under the authority of the department, and the department shall contract with a nonprofit corporation organized under the laws of Montana or certified to do business in Montana, to coordinate the training of family practice resident physicians. The officers and directors of the corporation must be qualified by education, experience, and interest to administer and oversee family practice resident physician training activity.   History: En. Sec. 3, Ch. 649, L. 1985; amd. Sec. 1, Ch. 140, L. 1993.  
  50-5-604 through 50-5-610 reserved.  
  50-5-611. Funding limitations. (1) Money appropriated for residency training is in addition to any other money appropriated for medical educational programs and may not supplant funds for existing medical educational programs.   (2) No funds appropriated by the legislature to fund residency training may subsidize the cost incurred by patients.   History: En. Sec. 4, Ch. 649, L. 1985.  
  50-5-701. Definitions. As used in this part, the following definitions apply:   (1) "Aftercare" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:   (a) basic activities of daily living;   (b) instrumental activities of daily living; and   (c) medical or nursing tasks that do not require a licensed professional.   (2) "Discharge" means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission.   (3) "Entry" means an individual's admission into a hospital for the purposes of inpatient care.   (4) "Hospital" means a hospital or critical access hospital as those terms are defined in 50-5-101.   (5) (a) "Lay caregiver" means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.   (b) The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.   (6) "Legal representative" means:   (a) a legal guardian;   (b) a person who holds a medical power of attorney; or   (c) a representative named in an advance health care directive recognized under Montana law or the law of another state.   (7) (a) "Residence" means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend.   (b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.   History: En. Sec. 1, Ch. 129, L. 2017.  
  50-5-702. Lay caregiver -- designation. (1) (a) As soon as practicable after a patient's entry and before the patient's discharge or transfer, a hospital shall provide the patient or, if applicable, the patient's legal representative with at least one opportunity to designate at least one lay caregiver.   (b) If the patient is unconscious or otherwise incapacitated upon entry, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a lay caregiver as soon as practicable after the patient regains consciousness or capacity.   (2) If the patient or the patient's legal representative declines to designate a lay caregiver, the hospital shall appropriately document the decision.   (3) If a lay caregiver is designated pursuant to this section, the hospital shall:   (a) promptly request the written consent of the patient or legal representative to release medical information to the lay caregiver, using the hospital's established procedures for releasing personal health information and in compliance with all state and federal laws governing release of the information; and   (b) appropriately document the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver.   (4) If the patient or the patient's legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver as provided in 50-5-703 or to provide information contained in the discharge plan developed pursuant to 50-5-704.   (5) A patient or the patient's legal representative may change the designated lay caregiver at any time. The hospital shall appropriately document the change as soon as practicable.   (6) A person designated as a lay caregiver pursuant to this section is not obligated to perform any aftercare tasks for a patient.   (7) This section may not be construed to require a patient or a patient's legal representative to designate a lay caregiver.   History: En. Sec. 2, Ch. 129, L. 2017.  
  50-5-703. Notice to designated lay caregiver. (1) A hospital shall notify a patient's designated lay caregiver of the patient's impending discharge or transfer to another hospital or facility licensed by the state as soon as practicable. Notice may be provided after the patient's physician issues a discharge order and prior to the patient's discharge or transfer.   (2) If the hospital is unable to contact the lay caregiver, the lack of contact may not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge or transfer of the patient. The hospital shall appropriately document the inability to contact the lay caregiver.   History: En. Sec. 3, Ch. 129, L. 2017.  
  50-5-704. Instruction to designated lay caregiver. (1) As soon as practicable and before a patient's discharge, the hospital shall:   (a) consult with the lay caregiver and the patient;   (b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and   (c) provide the lay caregiver with an opportunity for instruction in the aftercare tasks described in the discharge plan.   (2) At a minimum, a discharge plan prepared pursuant to this section must:   (a) note the name and contact information of the lay caregiver;   (b) describe all aftercare tasks necessary to maintain the patient's ability to remain in the patient's residence, taking into account the capabilities and limitations of the lay caregiver; and   (c) provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.   (3) Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:   (a) be provided, to the extent possible, in nontechnical language;   (b) give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and   (c) in a culturally competent manner, provide answers to the lay caregiver's and patient's questions.   (4) Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.   (5) Nothing in this section may delay the patient's discharge or transfer to another facility.   History: En. Sec. 4, Ch. 129, L. 2017.  
  50-5-705. Noninterference with powers of existing health care directives. (1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive.   (2) Designation as a lay caregiver by itself does not:   (a) constitute designation as a legal representative; or   (b) authorize the lay caregiver to make health care decisions on behalf of the patient.   History: En. Sec. 5, Ch. 129, L. 2017.  
  50-5-706. Noninterference with care or discharge. Nothing in this part shall delay or otherwise affect:   (1) the medical care provided to the patient; or   (2) an appropriate discharge or transfer of the patient.   History: En. Sec. 6, Ch. 129, L. 2017.  
  50-5-707. Immunity. (1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship.   (2) A hospital, its directors, trustees, officers, employees, and agents and any contractors with whom the hospital has a contractual relationship may not be held liable for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence if the hospital has complied with this part and acted reasonably and in good faith.   History: En. Sec. 7, Ch. 129, L. 2017.  
  50-50-101. Purpose of regulation. Regulation required under this chapter is intended to prevent and eliminate conditions and practices that endanger public health.   History: En. Sec. 1, Ch. 17, L. 1967; R.C.M. 1947, 27-611; amd. Sec. 8, Ch. 239, L. 2015.  
  50-50-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:   (1) "Consumer" means a person who is a member of the public, takes possession of food, and does not offer the food for resale.   (2) "Contract cook" means a person who specializes in a home food service and prepares food in an individual's domestic residence only for members of that household and house guests.   (3) "Cottage food operation" means a person who provides, manufactures, or packages cottage food products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state.   (4) "Cottage food products" means foods that are not potentially hazardous and are processed or packaged in a cottage food operation, including jams, jellies, dried fruit, dry mixes, and baked goods. Other similar foods that are not potentially hazardous may be defined by the department by rule.   (5) "Department" means the department of public health and human services provided for in 2-15-2201.   (6) "Direct sale" means a face-to-face purchase or exchange of the cottage food product between the manufacturer or packager of a cottage food product and a consumer or individual purchasing the cottage food product as a gift. The direct sale may not be by consignment or involve shipping or internet sales.   (7) "Domestic residence" means a single-family house or a unit in a multiunit residential structure, whether rented, leased, or owned by the person in charge of the cottage food operation.   (8) "Farmer's market" means a farm premises, a food stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority under 7-21-3301.   (9) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption.   (10) "Local board of health" means a county, city, city-county, or district board of health.   (11) "Local health officer" means a county, city, city-county, or district health officer, appointed by the local board of health, or the health officer's authorized representative.   (12) "Meat market" means an operation and buildings or structures in connection with the meat market that are used to process, store, or display meat or meat products for retail sale to the public or for human consumption.   (13) (a) "Mobile food establishment" means a retail food establishment that serves or sells food from a motor vehicle, a nonmotorized cart, a boat, or other movable vehicle that periodically or continuously changes location and requires a servicing area to accommodate the unit for cleaning, inspection, and maintenance.   (b) The term does not include:   (i) a motor vehicle used solely to transport or deliver food by a motorized carrier regulated by the state or the federal government;   (ii) a cottage food operation transport vehicle; or   (iii) a concession stand designed to operate as a temporary food establishment.   (14) "Nonprofit organization" means any organization qualifying as a tax-exempt organization under 26 U.S.C. 501.   (15) "Person" means an individual, a partnership, a corporation, an association, a cooperative group, the state or a political subdivision of the state, or other entity.   (16) "Potentially hazardous food" means food that requires time and temperature control for safety to limit toxin formation or the growth of pathogenic microorganisms.   (17) (a) "Raw agricultural commodity" means any food in its raw, unaltered state, including fruits, vegetables, raw honey, and grains. A raw agricultural commodity may be in a container if putting the commodity in a container does not alter the raw state.   (b) The term does not include an agricultural commodity that has been altered by being:   (a) cooked;   (b) canned;   (c) preserved, except for drying;   (d) combined with other food products; or   (e) peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures.   (18) "Registered area" means the portion of a domestic residence that has been registered as provided in 50-50-117 and in which food ingredients intended for cottage food products are transported or stored or the domestic residence kitchen where cottage food products are processed, packaged, or stored.   (19) "Regulatory authority" means the department, the local board of health, the local health officer, or the local sanitarian.   (20) "Retail" means the provision of food directly to the consumer.   (21) (a) "Retail food establishment" means an operation, whether mobile or at a temporary or stationary facility or location, that meets one or more of the conditions in subsections (21)(a)(i) and (21)(a)(ii) and that may include a central processing facility that supplies a transportation vehicle or a vending location or satellite feeding location. A retail food establishment:   (i) stores, processes, packages, serves, or vends food directly to the consumer or otherwise provides food for human consumption at a venue that may include:   (A) a restaurant;   (B) a market;   (C) a satellite or catered feeding location;   (D) a catering operation if the catering operation provides food directly to a consumer or to a conveyance used to transport people;   (E) a vending location;   (F) a conveyance used to transport people;   (G) an institution; or   (H) a food bank; and   (ii) relinquishes possession of food to a consumer directly or indirectly by using either a delivery service, as is done for grocery or restaurant orders, or a common carrier that provides deliveries.   (b) The term is not dependent on whether consumption is on or off the premises or whether there is a charge for food served to the public.   (c) The term does not include:   (i) milk producers' facilities, milk pasteurization facilities, or milk product manufacturing plants;   (ii) slaughterhouses, meat packing plants, or meat depots;   (iii) growers or harvesters of raw agricultural commodities;   (iv) a cottage food operation;   (v) a person that sells or serves only commercially prepackaged foods that are not potentially hazardous;   (vi) a food stand that offers raw agricultural commodities;   (vii) a wholesale food establishment, including those wholesale food establishments that are located on the same premises as a retail food establishment;   (viii) a kitchen in a domestic residence used for preparing food to sell or serve at a function by a nonprofit organization as provided in subsection (21)(c)(xiii);   (ix) custom meat and game animal processors that receive from an owner the remains of a carcass and process those remains for delivery to the owner for the exclusive use in the owner's household by the owner or members of the owner's household, including the owner's family pets, or of the owner's nonpaying guests or employees. For this exemption to apply, the carcass must be kept separate from other meat food products and parts that are to be prepared for sale.   (x) private, religious, fraternal, youth, patriotic, or civic organizations that serve or sell food to the public over no more than 4 days in a 12-month period;   (xi) a private organization that serves food only to its members and their guests;   (xii) a bed and breakfast, a hotel, a motel, a roominghouse, a guest ranch, an outfitting and guide facility, a boardinghouse, or a tourist home as defined in 50-51-102 that serves food only to registered guests and day visitors;   (xiii) a nonprofit organization that operates a temporary food establishment under a permit as provided in 50-50-120;   (xiv) persons who sell or serve at a farmer's market or a food stand whole shell eggs, hot coffee, hot tea, or other food not meeting the definition of potentially hazardous, as authorized by the appropriate municipal or county authority;   (xv) a day-care center under 52-2-721(1)(a) or day-care providers who are not subject to licensure under 52-2-721(1)(a);   (xvi) a private domestic residence that receives catered or home-delivered food;   (xvii) a contract cook; or   (xviii) a provider of free samples to the public as a marketing activity if the provider is a licensed wholesale food establishment, a cottage food operation, or a seller at a farmer's market.   (22) "Temporary food establishment" means a retail food establishment that in a licensing year either:   (a) operates at a fixed location for no more than 21 days in conjunction with a single event or celebration; or   (b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days.   (23) (a) "Water hauler" means a person engaged in the business of transporting water for human consumption and use and that is not regulated as a public water supply system as provided in Title 75, chapter 6.   (b) The term does not include a person engaged in the business of transporting water for human consumption that is used for individual family households and family farms and ranches.   History: En. Sec. 2, Ch. 17, L. 1967; amd. Sec. 1, Ch. 130, L. 1971; amd. Sec. 1, Ch. 349, L. 1974; R.C.M. 1947, 27-612; amd. Sec. 1, Ch. 199, L. 1987; amd. Sec. 1, Ch. 732, L. 1991; amd. Sec. 1, Ch. 315, L. 1995; amd. Sec. 136, Ch. 418, L. 1995; amd. Sec. 315, Ch. 546, L. 1995; amd. Sec. 1, Ch. 412, L. 1997; amd. Sec. 1, Ch. 428, L. 2001; amd. Sec. 28, Ch. 474, L. 2003; amd. Sec. 1, Ch. 528, L. 2003; amd. Sec. 1, Ch. 357, L. 2011; amd. Sec. 1, Ch. 302, L. 2013; amd. Sec. 1, Ch. 185, L. 2015; amd. Sec. 9, Ch. 239, L. 2015.  
  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; or   (b) the use of commercially processed wild game or fish meat in meals served by nonprofit retail food establishments pursuant to 50-50-126.   (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.   History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part); amd. Sec. 2, Ch. 315, L. 1995; amd. Sec. 2, Ch. 528, L. 2003; amd. Sec. 1, Ch. 482, L. 2009; amd. Sec. 1, Ch. 208, L. 2011; amd. Sec. 10, Ch. 239, L. 2015; amd. Sec. 4, Ch. 28, L. 2017.  
  50-50-104. Cooperative agreements authorized. The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.   History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part).  
  50-50-105. Diseased person not to handle food. A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.   History: En. Sec. 9, Ch. 17, L. 1967; R.C.M. 1947, 27-619; amd. Sec. 11, Ch. 239, L. 2015.  
  50-50-106. Injunctions. The regulatory authority may bring an action for an injunction against any continued violation of this chapter or rule adopted by the department under this chapter.   History: En. 27-615.2 by Sec. 3, Ch. 508, L. 1975; R.C.M. 1947, 27-615.2; amd. Sec. 29, Ch. 474, L. 2003.  
  50-50-107. County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(5); amd. Sec. 30, Ch. 474, L. 2003.  
  50-50-108. Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:   (1) fined not less than $50 or more than $100 for the first offense;   (2) fined not less than $75 or more than $200 for the second offense;   (3) fined not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.   History: En. Sec. 15, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-625; amd. Sec. 31, Ch. 474, L. 2003.  
  50-50-109. Civil penalties -- injunctions not barred. (1) A retail food establishment or a cottage food operation that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.   (2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.   History: En. Sec. 7, Ch. 732, L. 1991; amd. Sec. 12, Ch. 239, L. 2015.  
  50-50-110. Costs and expenses -- recovery by department or county. In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order a retail food establishment or a cottage food operation that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter in the case of a willful violation. These costs are limited to the direct costs of investigations and other expenses.   History: En. Sec. 8, Ch. 732, L. 1991; amd. Sec. 32, Ch. 474, L. 2003; amd. Sec. 13, Ch. 239, L. 2015.  
  50-50-111 through 50-50-115 reserved.  
  50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection. (1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117.   (2) A cottage food operation shall:   (a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code;   (b) package cottage food products and label the cottage food products prior to sale, including on the label, at a minimum, the following:   (i) the name, address, city, state, and zip code of the cottage food operation;   (ii) the name of the cottage food product;   (iii) the ingredients of the cottage food product, in descending order of predominance by weight;   (iv) the net quantity, weight, count, or volume of the cottage food product;   (v) allergen labeling as specified by federal and state labeling requirements;   (vi) if a nutritional claim is made, an appropriate label if required by federal law; and   (vii) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label:   "Made in a home kitchen that is not subject to retail food establishment regulations or inspections."   (3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.   (4) Processing or packaging of cottage food products must be in the specific registered area of the domestic residence of the person processing or packaging the cottage food products.   (5) A cottage food operation may store cottage food products only in the registered area of the primary domestic residence used to produce the cottage food product or temporarily in a motor vehicle used to transport cottage food products.   (6) (a) A cottage food operation is subject to local health authority or state enforcement action for violations of applicable department regulations.   (b) Cottage food products may be subject to other state or federal laws or regulations.   (7) A cottage food operation that meets the requirements in this section is not a retail food establishment or a wholesale food establishment and is not subject to licensure or inspection requirements under Title 50, chapter 57, or this chapter.   History: En. Sec. 1, Ch. 239, L. 2015.  
  50-50-117. Registration of cottage food operations -- fee. (1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6).   (2) A registrant shall provide:   (a) the name of the cottage food operation;   (b) the physical address of the domestic residence, as defined in 50-50-102, where the ingredients are manufactured or packaged into cottage food products and stored;   (c) a brief description of expected or known food ingredient sources;   (d) a complete list of the cottage food products manufactured or packaged; and   (e) a copy of each cottage food product label.   (3) A local health authority may request additional food safety information, if needed, and shall submit the list of additional information to the department. The additional requested information may not restrain trade through extensive registration requirements.   (4) The local health authority shall submit a copy of the approved registration to the department, which may maintain a listing of cottage food operations.   (5) If a local health authority refuses to register a cottage food operation, the provisions of 50-50-215 apply, including the requirement for notification of the cottage food operation in writing.   (6) The person in charge of the cottage food operation shall pay a nonrefundable registration fee to the county in which the cottage food operation is registered. The department shall set the registration fee by rule. The county shall deposit the registration fee with the county treasurer.   (7) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the registration of cottage food operations subject to tribal regulations. The agreement must include an appeals process if the registration is not approved.   (8) If there is not a cooperative agreement pursuant to subsection (7), a person in charge of a cottage food operation may register with the department.   History: En. Sec. 2, Ch. 239, L. 2015.  
  50-50-118 and 50-50-119 reserved.  
  50-50-120. Temporary food establishment requirements. (1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:   (a) must be operated in compliance with applicable department rules; and   (b) shall obtain a permit from the local health regulatory authority on a form approved by the state.   (2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.   (b) A temporary food establishment operated by a nonprofit organization:   (i) is exempt from paying a permit fee; and   (ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.   History: En. Sec. 3, Ch. 239, L. 2015.  
  50-50-121. Requirements for farmer's markets. (1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer's market is not a retail food establishment.   (b) A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer's market is not required to register as a cottage food operation.   (2) Foods that are not potentially hazardous or are otherwise eligible to be sold at a farmer's market include:   (a) whole shell eggs if the whole shell eggs are clean, free of cracks, and stored in clean cartons at a temperature established by the department by rule;   (b) hot coffee or hot tea if the person selling the hot coffee or hot tea does not provide or include fresh milk or cream;   (c) raw agricultural commodities; and   (d) food identified by the department by rule as not being a potentially hazardous food.   (3) A farmer's market authorized by a municipal or county authority shall keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market, including food that does not meet the definition of potentially hazardous food.   (4) The registration records must include the name, address, and telephone number of the seller or server as well as the types of products sold or served and the date on which the products were sold or served.   (5) A farmer's market under this section shall make registration records available upon request to the local health authority.   (6) Food sold in a farmer's market must, if sold in a container, have a label similar to a label required of a cottage food product under 50-50-116.   History: En. Sec. 4, Ch. 239, L. 2015.  
  50-50-122 through 50-50-125 reserved.  
  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.   History: En. Sec. 1, Ch. 28, L. 2017; amd. Sec. 30, Ch. 3, L. 2019.  
  50-50-201. License or permit required. (1) (a) Except as provided in 50-50-202 and subsection (1)(b)(i) of this section, a person operating a retail food establishment shall procure an annual license from the department.   (b) (i) A temporary food establishment described in 50-50-120(2)(a) shall obtain a permit and pay a permit fee to the local regulatory authority in the county where the temporary food establishment is operated.   (ii) For a temporary food establishment described under 50-50-102(22)(b), each time a temporary food establishment alters its menu substantially by food type and means of production, a separate permit must be obtained and a separate permit fee paid.   (2) A separate license is required for each retail food establishment, but if more than one type of retail food establishment is operated on the same premises and under the same management, only one license is required.   (3) Only one retail food establishment license is required for a person owning and operating one or more vending machines.   (4) (a) Except as provided in subsection (4)(b), a retail food establishment license issued by the department is not valid unless signed in accordance with 50-50-214.   (b) A temporary food establishment permit must be signed by the local health officer or the health officer's designee to be valid.   (5) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the licensing of a mobile retail food establishment subject to tribal regulations. The agreement must include an appeals process if the license is not validated.   (6) If there is not a cooperative agreement pursuant to subsection (5), the department may issue a license to a person operating a mobile retail food establishment.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(1) thru (3); amd. Sec. 2, Ch. 200, L. 1979; amd. Sec. 2, Ch. 199, L. 1987; amd. Sec. 12, Ch. 366, L. 1997; amd. Sec. 14, Ch. 239, L. 2015.  
  50-50-202. Exemptions from license requirement. (1) A retail food establishment owned or operated by the state or a political subdivision of the state, if that political subdivision employs a full-time sanitarian, is exempt from licensure under this chapter but shall comply with the requirements of this chapter and rules adopted by the department under this chapter. A retail food establishment under this subsection may be operated by but is not limited to a county jail, a local government-owned health care facility, a school, a state prison, or a state university.   (2) A person who exchanges foods in a nonmonetary transaction is exempt from permitting, licensure, and registration.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(6); amd. Sec. 3, Ch. 199, L. 1987; amd. Sec. 3, Ch. 315, L. 1995; amd. Sec. 3, Ch. 528, L. 2003; amd. Sec. 2, Ch. 208, L. 2011; amd. Sec. 1, Ch. 89, L. 2013; amd. Sec. 1, Ch. 94, L. 2013; amd. Sec. 2, Ch. 185, L. 2015; amd. Sec. 15, Ch. 239, L. 2015.  
  50-50-203. Application for license or permit. (1) Except as provided in subsection (2), an application for a retail food establishment license must be:   (a) made to the department on forms and contain information required by the department; or   (b) filed using an application for a license that is in compliance with rules established by the board of review established in 30-16-302.   (2) An application for a temporary food establishment permit must be made to the local regulatory authority on a state-approved form. If a local board of review exists, the local board of review shall work with the state to provide a permit application under this subsection similar to the state-approved form, and the temporary food establishment may use the local board of review permit application.   History: En. Sec. 4, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(1); amd. Sec. 13, Ch. 366, L. 1997; amd. Sec. 16, Ch. 239, L. 2015.  
  50-50-204. Right to license. Licenses shall be granted as a matter of right unless grounds for denial or cancellation exist.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(7).  
  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) $85 for each license issued to a retail food establishment that does not have more than two employees working at any one time; and   (ii) $115 for retail food establishments other than those referred to in subsection (1)(b)(i).   (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.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(2); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 336, L. 1983; amd. Sec. 1, Ch. 247, L. 1989; amd. Sec. 2, Ch. 732, L. 1991; amd. Sec. 14, Ch. 366, L. 1997; amd. Secs. 4, 5, Ch. 528, L. 2003; amd. Sec. 2, Ch. 482, L. 2009; amd. Sec. 17, Ch. 239, L. 2015; amd. Sec. 1, Ch. 305, L. 2017.  
  50-50-206. License not transferable. Licenses are not transferable or applicable to any premises other than that for which the license was issued.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(5).  
  50-50-207. Expiration date of license. (1) Except as provided in subsection (2), licenses expire on December 31 following the date of issue unless canceled for cause.   (2) License renewals provided for in 16-11-122, 30-12-203(5)(a), 50-50-201, 80-7-106, and 82-15-105 expire on the anniversary date established by rule by the board of review established in 30-16-302.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(4); amd. Sec. 15, Ch. 366, L. 1997; amd. Sec. 3, Ch. 34, L. 2005.  
  50-50-208. Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the licensed retail food establishments, excluding temporary food establishments, in each jurisdiction. The local board of health also shall submit to the department a list of cottage food operations that have registered as provided in 50-50-117.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(part); amd. Sec. 18, Ch. 239, L. 2015.  
  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.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(part); amd. Sec. 19, Ch. 239, L. 2015.  
  50-50-210. Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(part).  
  50-50-211. Notice and hearing required. (1) The department may not deny or cancel the license of a retail food establishment without delivering to the applicant or licensee a written statement of the grounds for cancellation or denial 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. To request a hearing, the licensee shall make a written request to the department within 10 days after notice of the grounds or charges has been received.   (2) A local regulatory authority may not deny or cancel a temporary food establishment permit without delivering to the applicant or permitholder a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the local board of health to show cause, if any, why the permit should not be denied or canceled. To request a hearing, the permitholder shall make a written request to the local board of health within 10 days after notice of the grounds or charges has been received. This subsection does not prohibit the cancellation of a permit in the event of an immediate threat to the public health. The permitholder retains the right of appeal.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(2); amd. Sec. 20, Ch. 239, L. 2015.  
  50-50-212. Cancellation of license or permit for multiple-type establishment. When a multiple-type retail food establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion as determined by the department. A multiple-type retail food establishment, including a mobile food establishment, includes an establishment authorized by 50-50-201(2).   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(3); amd. Sec. 21, Ch. 239, L. 2015.  
  50-50-213. Return of license or permit for alteration or destruction. On cancellation of the license of a retail food establishment or the right to operate one or more of the multiple-type retail food establishments under the same license, the license certificate must be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(4); amd. Sec. 22, Ch. 239, L. 2015.  
  50-50-214. Notification of and validation by local health officer. (1) (a) A retail food establishment license issued by the department under this chapter is not valid until signed by the local health officer in the county where the retail food establishment is located or until the license is otherwise validated by the local health officer and is in accordance with rules established by the board of review established in 30-16-302.   (b) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a retail food establishment license, make a final decision on whether the retail food establishment license will be validated.   (c) Failure of the local health officer to validate the retail food establishment license within 15 days after its receipt is a refusal.   (2) A temporary food establishment permit issued by the local regulatory authority under this chapter must be signed and validated by the local health officer in the county where the temporary food establishment is to operate. If a local board of review exists, the local health officer may validate the permit in accordance with regulations established by the local board of review.   History: En. Sec. 5, Ch. 200, L. 1979; amd. Sec. 16, Ch. 366, L. 1997; amd. Sec. 23, Ch. 239, L. 2015.  
  50-50-215. Refusal by local health officer -- appeal to board. (1) (a) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing this chapter are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.   (b) If a local health officer does not approve a registration of a cottage food operator, as provided in 50-50-117, or a temporary food establishment permit, as provided in 50-50-120, the officer shall notify the applicant in writing stating the officer's reasons.   (2) The applicant or any person aggrieved by the decision of the local health officer as provided in subsection (1) may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.   (3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1852, Ch. 56, L. 2009; amd. Sec. 24, Ch. 239, L. 2015.  
  50-50-216. Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.   History: En. Sec. 3, Ch. 732, L. 1991.  
  50-50-217. Water hauler requirements. As a requirement for licensure, a water hauler may obtain potable water only from an approved public water supply system, as defined in 75-6-102, or from sources approved and adopted by the department by rule.   History: En. Sec. 2, Ch. 428, L. 2001.  
  50-50-301. Health officers and sanitarians to make investigations and inspections -- training requirements. (1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be conducted more often than once a year.  (2) A person conducting an inspection must be certified and have completed a food safety training program, such as the program administered by the national restaurant association educational foundation or its equivalent.   (3) (a) A cottage food operation is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products.   (b) A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis.   (4) A producer as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to that homemade food or homemade food product.   History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(1); amd. Sec. 4, Ch. 732, L. 1991; amd. Sec. 6, Ch. 528, L. 2003; amd. Sec. 25, Ch. 239, L. 2015; amd. Sec. 9, Ch. 320, L. 2021. 
  50-50-302. Health officers and sanitarians to have free access. (1) State and local health officers, sanitarians-in-training, and sanitarians must be provided free access to retail food establishments licensed or permitted under this chapter at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.   (2) For the purpose of conducting investigations regarding complaints, illness, or outbreaks, state and local health officers, sanitarians-in-training, and sanitarians must be provided free access at all reasonable hours to cottage food operations if a complaint, illness, or outbreak is suspected or is directly related to the cottage food operation's cottage food products.   History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(2); amd. Sec. 5, Ch. 732, L. 1991; amd. Sec. 26, Ch. 239, L. 2015.  
  50-50-303. Licensee or registrant to furnish food samples. A licensee or a registrant under Title 50, chapter 50, part 2, shall furnish food samples for analysis as required by rules adopted by the department.   History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(3); amd. Sec. 27, Ch. 239, L. 2015.  
  50-50-304. Discovery of food capable of causing food-borne illness. If a state or local health officer, sanitarian, or other authorized person finds food that is capable of causing food-borne illness, that person shall issue a report in writing recommending that the food be withheld from sale to the public. A duplicate copy of the report, properly authenticated, is admissible in evidence in any action or proceeding where the condition of the food at the time of the inspection is material.   History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(4); amd. Sec. 1853, Ch. 56, L. 2009.  
  50-50-305. Department to pay local board for inspections and enforcement. (1) Subject to the provisions of subsection (2), before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting retail food establishments, including mobile food establishments, licensed under this chapter and enforcing the provisions of this chapter.  (2) (a) The provisions of subsection (1) apply only if there is a functioning local board of health and the local board of health, local health officers, sanitarians-in-training, and registered sanitarians meet the requirements listed in subsection (2)(b).   (b) To be eligible under subsection (1), the entities listed in subsection (2)(a) shall:   (i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted pursuant to this chapter; and   (ii) meet minimum program performance standards as established under rules adopted by the department.   (3) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.   (4) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(part); amd. Sec. 5, Ch. 336, L. 1983; amd. Sec. 6, Ch. 732, L. 1991; amd. Sec. 28, Ch. 239, L. 2015.  
  50-50-401. Tagging or declaration requirements for stored meat. (1) The owner or operator of an establishment, as defined in this chapter, shall not receive the carcass of a game animal, game bird, or any quarter, half, or whole carcass of beef or veal unless:   (a) it is properly stamped or tagged; or   (b) a written declaration is filed by the owner stating how it was obtained, date placed in the locker, and weight and type of meat.   (2) A declaration made under subsection (1)(b) of this section shall be retained for 1 year and shall be open to inspection by employees of the department.   History: En. Sec. 14, Ch. 17, L. 1967; R.C.M. 1947, 27-624(part).  
  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.   History: En. Sec. 14, Ch. 17, L. 1967; R.C.M. 1947, 27-624(part); amd. Sec. 1854, Ch. 56, L. 2009.  
  50-50-403. Liability of frozen food plant operators restricted. The liability for loss of food by the owner or operator of a frozen food plant that offers individual compartments to the public is limited to negligence in operation or negligence of the owner's or operator's employees.   History: En. Sec. 12, Ch. 17, L. 1967; R.C.M. 1947, 27-622; amd. Sec. 1855, Ch. 56, L. 2009.  
  50-51-101. Findings and purpose of regulation or guidelines. (1) It is found that the welfare of the public is benefited by regulation or voluntary guidelines for the operation of establishments providing lodging space accommodations and for persons providing accommodations in order to prevent or eliminate unsanitary and unhealthful conditions and practices, which conditions and practices may endanger public health. It is further found that the regulation of or application of voluntary guidelines to establishments providing lodging space accommodations is in the interest of social well-being and the health and safety of the state and all of its people.   (2) The legislature recognizes that there is a wide disparity in the type of establishments, especially in the size, the time of year at which the establishments operate, and the ability of small establishments with few employees and a limited operating season to conform to the same standards to which larger establishments are required to conform. These factors must be considered, especially in the operation of small or seasonal businesses that are such an important part of Montana's tourism business. For these reasons, the legislature believes that department actions must be tailored to properly and reasonably address differences in the size, location, purpose, and time of year of operation of certain small or seasonal establishments. The legislature believes that guidelines to assist these small and seasonal establishments with addressing basic health standards are appropriate, rather than regulations. The guidelines should be voluntary and address basic health standards and should not detract from the rustic, out-of-doors experience offered by many guest ranches and outfitter and guide facilities and desired by many tourists. The legislature is also aware that most of these small and seasonal establishments such as guest ranches and outfitting and guide facilities have not been subject to department regulation. While voluntary guidance from the department on basic public health concerns may benefit these establishments, regulation is not warranted.   History: En. Sec. 1, Ch. 18, L. 1967; amd. Sec. 1, Ch. 485, L. 1973; R.C.M. 1947, 34-301; amd. Sec. 2, Ch. 412, L. 1997; amd. Sec. 1, Ch. 334, L. 2011.  
  50-51-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:   (1) "Bed and breakfast" means a private, owner- or manager-occupied residence that is used as a private residence but in which:   (a) breakfast is served and is included in the charge for a guest room; and   (b) the number of daily guests served does not exceed 18.   (2) (a) "Day visitor" means a guest whose primary purpose on the guest ranch is to participate in recreational activities regularly provided by the guest ranch for a fee including but not limited to hunting, horseback riding, working cattle, hiking, biking, snowmobiling, or fishing, who may be served food incidental to the activity, and who does not stay overnight.   (b) The term does not include persons attending weddings, parties, large group functions, or other meals not related to the recreational activities described in subsection (2)(a) and who may not be served food unless the guest ranch or other entity serving the food has a license issued pursuant to 50-50-201.   (3) "Department" means the department of public health and human services provided for in 2-15-2201.   (4) "Establishment" means a bed and breakfast, hotel, motel, roominghouse, guest ranch, outfitting and guide facility, boardinghouse, or tourist home.   (5) "Guest ranch" means a facility that:   (a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;   (b) furnishes sleeping accommodations on advance reservations for a minimum stay;   (c) provides recreational activities that include but are not limited to hunting, horseback riding, fishing, hiking, biking, snowmobiling, or a working cattle ranch experience to its guests and day visitors; and   (d) is a small establishment or a seasonal establishment.   (6) "Hotel" or "motel" includes:   (a) a building or structure kept, used, maintained as, advertised as, or held out to the public to be a hotel, motel, inn, motor court, tourist court, or public lodginghouse; and   (b) a place where sleeping accommodations are furnished for a fee to transient guests, with or without meals.   (7) "Outfitting and guide facility" means a facility that:   (a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;   (b) furnishes sleeping accommodations to guests;   (c) offers hunting, fishing, or recreational services in conjunction with the services of an outfitter or guide, as defined in 37-47-101; and   (d) is a small establishment or a seasonal establishment.   (8) "Person" includes an individual, partnership, corporation, association, county, municipality, cooperative group, or other entity engaged in the business of operating, owning, or offering the services of a bed and breakfast, hotel, motel, boardinghouse, tourist home, guest ranch, outfitting and guide facility, or roominghouse.   (9) "Roominghouse" or "boardinghouse" means buildings in which separate sleeping rooms are rented that provide sleeping accommodations for three or more persons on a weekly, semimonthly, monthly, or permanent basis, whether or not meals or central kitchens are provided but without separated cooking facilities or kitchens within each room, and whose occupants do not need professional nursing or personal-care services provided by the facility.   (10) "Seasonal establishment" means a guest ranch or outfitting and guide facility operating for less than 120 days in a calendar year and offering accommodations to no more than 40 people on average a day. The average number of people a day is determined by dividing the total number of guests accommodated during the year by the total number of days that the establishment was open for the purpose of accommodating guests as a guest ranch or outfitting and guide facility during the year.   (11) "Small establishment" means a guest ranch or an outfitting and guide facility offering accommodations to no more than 24 people on average a day. The average number of people a day is determined by dividing the total number of guests accommodated during the year by the total number of days that the establishment was open for the purpose of accommodating guests as a guest ranch or outfitting and guide facility during the year.   (12) "Tourist home" means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.   (13) "Transient guest" means a guest for only a brief stay, such as the traveling public.   History: En. Sec. 2, Ch. 18, L. 1967; amd. Sec. 2, Ch. 485, L. 1973; amd. Sec. 1, Ch. 325, L. 1977; R.C.M. 1947, 34-302; amd. Sec. 8, Ch. 597, L. 1983; amd. Sec. 1, Ch. 730, L. 1991; amd. Sec. 8, Ch. 366, L. 1995; amd. Sec. 137, Ch. 418, L. 1995; amd. Sec. 316, Ch. 546, L. 1995; amd. Sec. 1, Ch. 350, L. 1997; amd. Sec. 3, Ch. 412, L. 1997; amd. Sec. 1, Ch. 264, L. 1999; amd. Sec. 2, Ch. 334, L. 2011; amd. Sec. 2, Ch. 357, L. 2011; amd. Sec. 1, Ch. 177, L. 2015.  
  50-51-103. Department authorized to adopt rules or guidelines. (1) The department may adopt rules governing the operation of bed and breakfasts, hotels, motels, roominghouses, boardinghouses, and tourist homes to protect the public health and safety.   (2) Rules applicable to a bed and breakfast, hotel, motel, roominghouse, boardinghouse, or tourist home may relate to construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage disposal systems, refuse collection and disposal, registration and supervision, fire and life safety, food service, staggered license expiration dates, and reimbursement of local governments for inspections and enforcement.   (3) The department may not adopt rules governing guest ranches and outfitting and guide facilities that meet the definitions in 50-51-102 but may adopt voluntary guidelines for these facilities. The guidelines must take into consideration the size, type, location, and seasonal operations of an establishment and may include only guidelines to:   (a)  address that the establishment has safe drinking water and an adequate water supply;   (b) ensure an adequate and sanitary sewage system and ensure adequate and sanitary refuse collection and disposal; and   (c) address food safety concerns, such as adequate storage, refrigeration, and food handling.   (4) These guidelines must be developed through a negotiated process in cooperation with guest ranches and outfitters and guides. These guidelines are not intended to be regulatory in nature.   (5) The department shall develop guidelines for county sanitarians to provide assistance to guest ranches and outfitters and guides, and the guidelines must be tailored to the needs of each type of establishment.   (6) As provided in 7-1-113, nothing in this section prohibits a local government from adopting an ordinance that:   (a) is the same as or more stringent than rules adopted by the department under this section; or   (b) differs from the voluntary guidelines adopted by the department under this section.   History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(a); amd. Sec. 2, Ch. 350, L. 1997; amd. Sec. 4, Ch. 412, L. 1997; amd. Sec. 57, Ch. 7, L. 2001; amd. Sec. 3, Ch. 334, L. 2011.  
  50-51-104. Cooperative agreements authorized. The department is hereby authorized to enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this chapter or any part thereof.   History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(b).  
  50-51-105. County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(5).  
  50-51-106. Violation of chapter a misdemeanor. Any person violating any provision of this chapter or regulation made hereunder, except 50-51-107, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 or more than $100 for the first offense and not less than $75 or more than $200 for the second offense and for the third and subsequent offenses not less than $200 and by imprisonment in the county jail not to exceed 90 days.   History: En. Sec. 9, Ch. 18, L. 1967; R.C.M. 1947, 34-309; amd. Sec. 18, Ch. 37, L. 1979.  
  50-51-107. Provision of nursing services or personal-care services by facility prohibited. (1) Hotels, motels, boardinghouses, roominghouses, or similar accommodations may not provide professional nursing services or personal-care services. A resident of a hotel, motel, boardinghouse, roominghouse, or similar accommodation may have personal-care, medical, or nursing-related services provided for the resident in the facility by a third-party provider.   (2) Whenever a complaint is filed with the department that a person in need of professional nursing services is residing in a roominghouse or other similar accommodation not licensed to provide that service, the department shall investigate and may require appropriate care or placement of the person if it is found that professional nursing services are needed.   History: En. 34-311, 34-312 by Secs. 2, 3, Ch. 325, L. 1977; R.C.M. 1947, 34-311, 34-312; amd. Sec. 9, Ch. 597, L. 1983; amd. Sec. 1856, Ch. 56, L. 2009.  
  50-51-108. Rules for bed and breakfast establishments. The department, in adopting rules establishing rules for bed and breakfast establishments, shall consult with bed and breakfast operators. The department shall establish a negotiated rulemaking committee, as provided in Title 2, chapter 5, part 1, to consider matters proposed by the department that affect bed and breakfast establishments.   History: En. Sec. 6, Ch. 350, L. 1997.  
  50-51-109 reserved.  
  50-51-110. Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.   History: En. Sec. 4, Ch. 730, L. 1991.  
  50-51-111 through 50-51-113 reserved.  
  50-51-114. Emergency lodging program -- definitions. (1) There is an emergency lodging program for licensed establishments located in Montana to assist designated charitable organizations in providing short-term lodging in Montana to individuals and families displaced from their residences.  (2) The purpose of the program is to provide emergency lodging to an individual or family who is:   (a) in immediate need of shelter based on an imminent or existing threat to the safety or security of the individual or family; and   (b) referred to the establishment by a designated charitable organization.   (3) Emergency lodging provided under this section must be provided at no cost to the individual or the referring organization.   (4) Participating establishments may offer lodging based on availability of rooms.   (5) The department shall maintain a registry of designated charitable organizations and shall provide a list of approved organizations to establishments on request. The department shall seek comment from appropriate statewide nonprofit organizations when developing and updating the registry.   (6) For the purposes of 50-51-115 and this section, "designated charitable organization" means an organization approved by the department to make referrals for emergency lodging.   History: En. Sec. 1, Ch. 375, L. 2007; amd. Sec. 3, Ch. 388, L. 2015; amd. Sec. 54, Ch. 503, L. 2021. 
  50-51-115. Emergency lodging -- liability for damages. (1) An individual who is provided with emergency lodging under 50-51-114 is liable for damages caused to the property during the individual's stay.   (2) If the individual is unable to pay for damages caused to the property, the designated charitable organization that referred the individual for emergency lodging is responsible for the cost of the damages.   History: En. Sec. 2, Ch. 375, L. 2007; amd. Sec. 4, Ch. 388, L. 2015.  
  50-51-201. License required. (1) Except as provided in subsection (2), a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department.   (2) A guest ranch or an outfitting and guide facility that meets the definitions in 50-51-102 is not required to obtain a license under subsection (1).   (3) A separate license is required for each establishment. However, when more than one type of establishment is operated on the same premises and under the same management, only one license is required that must enumerate on the certificate the types of establishments licensed.   (4) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no local health officer, the sanitarian, in the county where the establishment is located.   History: En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; R.C.M. 1947, 34-303(part); amd. Sec. 3, Ch. 200, L. 1979; amd. Sec. 2, Ch. 730, L. 1991; amd. Sec. 9, Ch. 366, L. 1995; amd. Sec. 3, Ch. 350, L. 1997; amd. Sec. 5, Ch. 412, L. 1997; amd. Sec. 4, Ch. 334, L. 2011.  
  50-51-202. Application for license. Application for a license shall be made in writing to the department on such forms and with such pertinent information as it considers necessary.   History: En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; R.C.M. 1947, 34-303(part); amd. Sec. 19, Ch. 37, L. 1979.  
  50-51-203. Right to renewal. (1) Existing licenses shall be renewed as a matter of right, unless conditions exist which are grounds for a cancellation or denial of a license.   (2) Renewal may be obtained annually by paying the required annual license fee.   History: (1)En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; Sec. 34-303, R.C.M. 1947; (2)En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; Sec. 34-304, R.C.M. 1947; R.C.M. 1947, 34-303(part), 34-304(part).  
  50-51-204. License fee -- late fee. (1) (a) The department shall collect fees for each license required under 50-51-201 or for each annual license renewal as provided in subsection (1)(b). The department shall deposit 85% of the fees collected under this section into the local board inspection fund account created in 50-2-108, 11.25% of the fees into the general fund, and 3.75% of the fees into the account provided for in 50-51-110.   (b) Initial and renewal license fees are:   (i) $40 annually for an establishment with no more than 10 rooms available for rental;   (ii) $80 annually for an establishment with more than 10 but not more than 25 rooms available for rental; and   (iii) $160 annually for an establishment with more than 25 rooms available for rental.   (2) (a) In addition to the license renewal fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year.   (b) The late fee must be deposited in the account provided for in 50-51-110.   History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(a); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 2, Ch. 336, L. 1983; amd. Sec. 2, Ch. 247, L. 1989; amd. Sec. 3, Ch. 730, L. 1991; amd. Sec. 1857, Ch. 56, L. 2009; amd. Sec. 3, Ch. 482, L. 2009.  
  50-51-205. License fee to supersede other fees. Payment of the license fee stipulated herein shall be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this chapter.   History: En. Sec. 10, Ch. 18, L. 1967; R.C.M. 1947, 34-310.  
  50-51-206. License not transferable. Such license shall not be transferable or be applicable to any premises other than that for which originally issued.   History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part).  
  50-51-207. Expiration date of license. (1) Except as provided in subsection (2), each license expires on December 31 following its date of issue unless canceled for cause.   (2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms may be prorated by the department.   History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part); amd. Sec. 4, Ch. 350, L. 1997; amd. Sec. 6, Ch. 412, L. 1997.  
  50-51-208. Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction that are licensed pursuant to this part.   History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part).  
  50-51-209. Cancellation of license. The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(part).  
  50-51-210. Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(part).  
  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.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(2); amd. Sec. 3, Ch. 239, L. 1983.  
  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.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(3); amd. Sec. 5, Ch. 350, L. 1997.  
  50-51-213. Return of license for alteration or destruction. On cancellation of a license or the right to operate one or more of the multiple-type establishments under the same license, the license certificate shall be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.   History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(4).  
  50-51-214. Notification of and validation by local health officer. (1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located.   (2) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a license under this chapter, make a final decision on whether the license will be validated.   (3) Failure of the local health officer to validate the license within 15 days after its receipt is a refusal.   History: En. Sec. 5, Ch. 200, L. 1979.  
  50-51-215. Refusal by local health officer -- appeal to board. (1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.   (2) The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.   (3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1858, Ch. 56, L. 2009.  
  50-51-301. Health officers to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.   History: En. Sec. 7, Ch. 18, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 34-307(a); amd. Sec. 5, Ch. 730, L. 1991.  
  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.   History: En. Sec. 7, Ch. 18, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 34-307(b); amd. Sec. 6, Ch. 730, L. 1991.  
  50-51-303. Department to pay local board for inspections and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however, that:   (a) there is a functioning local board of health; and   (b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:   (i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it; and   (ii) meet minimum program performance standards as established under rules adopted by the department.   (2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be available for the same purpose.   (3) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.   History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part); amd. Sec. 6, Ch. 336, L. 1983; amd. Sec. 7, Ch. 730, L. 1991.  
  50-51-401. Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.   (2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.   History: En. Sec. 8, Ch. 730, L. 1991; amd. Sec. 7, Ch. 412, L. 1997; amd. Sec. 5, Ch. 334, L. 2011.  
  50-51-402. Injunctions. The department or a local board of health may petition the district court to enjoin any action in violation of this chapter or of a rule adopted by the department pursuant to this chapter.   History: En. Sec. 9, Ch. 730, L. 1991.  
  50-51-403. Costs and expenses -- recovery by department or county. In a civil action initiated by the department or a county under this chapter, the court may, by petition of the department or county, order an establishment that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter.   History: En. Sec. 10, Ch. 730, L. 1991.  
  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.   History: En. Sec. 212, Ch. 197, L. 1967; amd. Sec. 1, Ch. 383, L. 1973; R.C.M. 1947, 69-5601; amd. Sec. 1, Ch. 341, L. 1983; amd. Sec. 138, Ch. 418, L. 1995; amd. Sec. 317, Ch. 546, L. 1995.  
  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.   History: En. Sec. 213, Ch. 197, L. 1967; amd. Sec. 2, Ch. 383, L. 1973; amd. Sec. 13, Ch. 140, L. 1977; R.C.M. 1947, 69-5602; amd. Sec. 2, Ch. 341, L. 1983; amd. Sec. 7, Ch. 350, L. 1997.  
  50-52-103. Duty to obtain license and permit inspections. A person operating an establishment shall:   (1) possess a current license to do so from the department. However, a campground owned by the state or a political subdivision need not obtain a license but must comply with rules applicable to it adopted by the department.   (2) permit inspections by state or local health officers, sanitarians, or other authorized persons at all reasonable times.   History: En. Sec. 214, Ch. 197, L. 1967; amd. Sec. 3, Ch. 383, L. 1973; amd. Sec. 14, Ch. 140, L. 1977; R.C.M. 1947, 69-5603; amd. Sec. 3, Ch. 341, L. 1983.  
  50-52-104. County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.   History: En. Sec. 217, Ch. 197, L. 1967; amd. Sec. 81, Ch. 349, L. 1974; amd. Sec. 2, Ch. 506, L. 1975; R.C.M. 1947, 69-5606(3).  
  50-52-105. Violation of chapter a misdemeanor. (1) A person violating a provision of this chapter or a rule made under it is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $50 or more than $100 for the first offense and an amount not less than $75 or more than $200 for the second offense, and for the third and subsequent offenses, the person shall be punished by a fine of not less than $200 and by imprisonment in the county jail for a term not to exceed 90 days.   (2) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the establishment is located. The county treasurer shall send all fines collected to the department of revenue, as provided in 15-1-504, for deposit in the state general fund.   History: En. Sec. 218, Ch. 197, L. 1967; amd. Sec. 6, Ch. 383, L. 1973; amd. Sec. 3, Ch. 506, L. 1975; amd. Sec. 15, Ch. 140, L. 1977; R.C.M. 1947, 69-5607; amd. Sec. 4, Ch. 341, L. 1983; amd. Sec. 35, Ch. 557, L. 1987; amd. Sec. 24, Ch. 257, L. 2001.  
  50-52-106. Injunction. The department or a local board of health may petition the district court to enjoin any action in violation of this chapter or of a rule adopted by the department pursuant to this chapter.   History: En. Sec. 5, Ch. 341, L. 1983.  
  50-52-107. Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.   (2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.   History: En. Sec. 5, Ch. 731, L. 1991.  
  50-52-108. Costs and expenses -- recovery by department or county. In a civil action initiated by the department or county under this chapter, the court may, by petition of the department or county, order an establishment that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter.   History: En. Sec. 6, Ch. 731, L. 1991.  
  50-52-201. Application for license. (1) Application for a license is made to the department on forms containing information required by the department.   (2) The department may not issue a license unless it has been validated by the local health officer or, if there is no local health officer, the sanitarian in the county where the establishment is located.   History: En. Sec. 215, Ch. 197, L. 1967; amd. Sec. 4, Ch. 383, L. 1973; amd. Sec. 1, Ch. 506, L. 1975; R.C.M. 1947, 69-5604(part); amd. Sec. 4, Ch. 200, L. 1979.  
  50-52-202. License fee -- late fee. (1) (a) Each application for a new license required under 50-52-103 or a license renewal must be accompanied by a fee as provided in subsection (1)(b).   (b) License fees are:   (i) $40 annually for a campground or trailer court with no more than 10 spaces available for rental;   (ii) $60 annually for a campground or trailer court with more than 10 but not more than 25 spaces available for rental; and   (iii) $120 annually for a campground or trailer court with more than 25 spaces available for rental.   (2) Of the fees collected under subsection (1), the department shall deposit 85% into the local board inspection fund account created in 50-2-108, 11.25% into the general fund, and 3.75% into the account provided for in 50-52-210.   (3) (a) In addition to the license renewal fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year.   (b) The late fee must be deposited in the account provided for in 50-52-210.   History: En. Sec. 215, Ch. 197, L. 1967; amd. Sec. 4, Ch. 383, L. 1973; amd. Sec. 1, Ch. 506, L. 1975; R.C.M. 1947, 69-5604(part); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 3, Ch. 336, L. 1983; amd. Sec. 3, Ch. 247, L. 1989; amd. Sec. 1, Ch. 731, L. 1991; amd. Sec. 1859, Ch. 56, L. 2009; amd. Sec. 4, Ch. 482, L. 2009.  
  50-52-203. Expiration date of license. (1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause.   (2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms will be prorated by the department.   History: En. Sec. 215, Ch. 197, L. 1967; amd. Sec. 4, Ch. 383, L. 1973; amd. Sec. 1, Ch. 506, L. 1975; R.C.M. 1947, 69-5604(part); amd. Sec. 8, Ch. 350, L. 1997.  
  50-52-204. Local board to report number of licensees to department. Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction which are licensed under this part.   History: En. Sec. 215, Ch. 197, L. 1967; amd. Sec. 4, Ch. 383, L. 1973; amd. Sec. 1, Ch. 506, L. 1975; R.C.M. 1947, 69-5604(part).  
  50-52-205. Cancellation of license. The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.   History: En. Sec. 217, Ch. 197, L. 1967; amd. Sec. 81, Ch. 349, L. 1974; amd. Sec. 2, Ch. 506, L. 1975; R.C.M. 1947, 69-5606(part).  
  50-52-206. Submission of plan of correction as bar to cancellation. Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.   History: En. Sec. 217, Ch. 197, L. 1967; amd. Sec. 81, Ch. 349, L. 1974; amd. Sec. 2, Ch. 506, L. 1975; R.C.M. 1947, 69-5606(part).  
  50-52-207. 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 for denial or cancellation 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 this 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.   History: En. Sec. 217, Ch. 197, L. 1967; amd. Sec. 81, Ch. 349, L. 1974; amd. Sec. 2, Ch. 506, L. 1975; R.C.M. 1947, 69-5606(2).  
  50-52-208. Notification of and validation by local health officer. (1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located.   (2) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a license under this chapter, make a final decision on whether the license will be validated.   (3) Failure of the local health officer to validate the license within 15 days after its receipt is a refusal.   History: En. Sec. 5, Ch. 200, L. 1979.  
  50-52-209. Refusal by local health officer -- appeal to board. (1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.   (2) The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.   (3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.   History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1860, Ch. 56, L. 2009.  
  50-52-210. Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.   History: En. Sec. 2, Ch. 731, L. 1991.  
  50-52-211. Right to renewal. (1) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.   (2) Renewal may be obtained annually by paying the required annual license fee.   History: En. Sec. 9, Ch. 350, L. 1997.  
  50-52-301. Health officers and sanitarians to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.   History: En. Sec. 216, Ch. 197, L. 1967; amd. Sec. 5, Ch. 383, L. 1973; R.C.M. 1947, 69-5605; amd. Sec. 6, Ch. 341, L. 1983; amd. Sec. 3, Ch. 731, L. 1991.  
  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.   History: En. Sec. 215, Ch. 197, L. 1967; amd. Sec. 4, Ch. 383, L. 1973; amd. Sec. 1, Ch. 506, L. 1975; R.C.M. 1947, 69-5604(part); amd. Sec. 7, Ch. 336, L. 1983; amd. Sec. 4, Ch. 731, L. 1991.  
  50-52-303. Health officers and sanitarians to have access to establishments. State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.   History: En. Sec. 7, Ch. 731, L. 1991.  
  50-53-101. Purpose of regulation. It is the public policy of this state to regulate public swimming pools and public bathing places to protect public health and safety.   History: En. Sec. 201, Ch. 197, L. 1967; R.C.M. 1947, 69-5501; amd. Sec. 1, Ch. 646, L. 1985.  
  50-53-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Lazy river" means a constructed watercourse through which people travel by use of flotation devices.   (3) "Local board of health" or "board" means a local board as defined in 50-1-101.   (4) "Local health officer" or "officer" means a local health officer as defined in 50-1-101.   (5) "Person" means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state.   (6) "Public bathing place" means a body of water with bathhouses and related appurtenances operated for the public.   (7) (a) "Public swimming pool" means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools.   (b) The term does not include:   (i) swimming pools located on private property, including the private common area property of owner-occupied condominium developments, used for swimming or bathing only by the owner, members of the owner's family, or their invited guests; or   (ii) medicinal hot water baths for individual use.   (8) "Spa" means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. A spa includes but is not limited to a therapeutic pool, hydrotherapy pool, whirlpool, hot tub, or Jacuzzi-type whirlpool bath.   (9) "Splash deck" means a constructed area over which water is sprayed but is not allowed to pool.   (10) "Tourist home" means a private home or condominium that is not occupied by an owner or manager and that is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis.   (11) "Wading pool" means a pool in which the water depth does not exceed 2 feet.   (12) "Wave pool" means a swimming pool designed for the purpose of producing wave action in the water.   History: Ap. p. Sec. 202, Ch. 197, L. 1967; amd. Sec. 24, Ch. 187, L. 1977; Sec. 69-5502, R.C.M. 1947; (1), (2)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; R.C.M. 1947, 69-4102(1), (2), 69-5502; amd. Sec. 2, Ch. 646, L. 1985; amd. Sec. 1, Ch. 708, L. 1991; amd. Sec. 139, Ch. 418, L. 1995; amd. Sec. 318, Ch. 546, L. 1995; amd. Sec. 1, Ch. 93, L. 2003; amd. Sec. 9, Ch. 150, L. 2007; amd. Sec. 1, Ch. 310, L. 2007.  
  50-53-103. Department rules. (1) The department shall adopt rules relating to the operation of public swimming pools and public bathing places, including rules:  (a) setting standards to ensure sanitation and safety in public swimming pools and public bathing places to protect public health and safety;   (b) imposing reasonable fees for review of plans relating to the design, construction, reconstruction, alteration, conversion, repair, and installation of equipment and for plan review when plan review is conducted by the department;   (c) relating to the licensing of operators of public swimming pools and public bathing places, including allowing for training courses, testing, and recertification for cardiopulmonary resuscitation or pool operator certification to be conducted in person, online, or through other virtual methods;   (d) providing procedures for the enforcement of the laws and rules relating to public swimming pools and public bathing places;   (e) relating to cooperative agreements between the department and local boards of health; and   (f) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-53-218.   (2) Any rule relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings or installation of equipment in buildings is effective only when it has been adopted by the department of labor and industry as part of the state building code and filed with the secretary of state pursuant to 50-60-204.   History: En. Secs. 203, 204, Ch. 197, L. 1967; amd. Secs. 104, 109, Ch. 349, L. 1974; R.C.M. 1947, 69-5503, 69-5504; amd. Sec. 3, Ch. 646, L. 1985; amd. Sec. 2, Ch. 708, L. 1991; amd. Sec. 166, Ch. 483, L. 2001; amd. Sec. 2, Ch. 310, L. 2007; amd. Sec. 1, Ch. 146, L. 2021. 
  50-53-104. Powers of health officers -- enforcement authority. Authorized employees of the department and local boards of health may:   (1) at reasonable times inspect public swimming pools and public bathing places and otherwise conduct investigations to determine if provisions of this chapter and rules of the department have been or are being violated and make reports to the department concerning the inspections;   (2) request an injunction from the district court to enjoin actions in violation of this chapter or rules adopted by the department;   (3) bring actions to abate nuisances maintained in violation of this chapter in the manner provided by law for the summary abatement of other public nuisances;   (4) file complaints with the district court for assessment of the penalties provided for in 50-53-216 or for recovery of costs provided for in 50-53-217, or both.   History: En. Sec. 205, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5505; amd. Sec. 3, Ch. 708, L. 1991.  
  50-53-105. Publication of inspection reports. The department may publish reports of inspections authorized by 50-53-104(1).   History: En. Sec. 206, Ch. 197, L. 1967; R.C.M. 1947, 69-5506.  
  50-53-106. Duties of pool operators. Each person operating a public swimming pool or public bathing place shall:   (1) operate the pool or public bathing place in a sanitary and safe manner;   (2) keep records of public health and safety information required by the department;   (3) furnish information to the department on forms prescribed by it.   History: En. Sec. 208, Ch. 197, L. 1967; R.C.M. 1947, 69-5508.  
  50-53-107. Pool operation to be sanitary, healthful, and safe -- when lifeguard not required. (1) Public swimming pools and public bathing places, including pool structures, methods of operation, source of water supply, methods of water purification, lifesaving apparatus, safety measures for bathers, and personal cleanliness measures for bathers, must be sanitary, healthful, and safe.   (2) A lifeguard is not required for a privately owned public swimming pool if:   (a) a sign is prominently displayed on the swimming pool premises with the words "No lifeguard is on duty" or words of substantially the same meaning; and   (b) one individual per shift is on the premises, accessible to the pool, and currently certified as competent in cardiopulmonary resuscitation by either the American red cross or the American heart association.   (3) Tourist homes providing spa facilities to their guests shall prominently display a sign on the spa premises with the words "No lifeguard is on duty" or words of substantially the same meaning. Tourist homes providing spa facilities to their guests are exempt from the requirements of subsection (2)(b).   History: En. Sec. 209, Ch. 197, L. 1967; R.C.M. 1947, 69-5509; amd. Sec. 1, Ch. 302, L. 1983; amd. Sec. 1, Ch. 31, L. 1985; amd. Sec. 2, Ch. 93, L. 2003.  
  50-53-108. Unauthorized construction or operation a public nuisance. The construction or operation of a public swimming pool or public bathing place contrary to the provisions of this chapter or rules adopted by the department under the provisions of this chapter is a public nuisance and dangerous to public health and safety.   History: En. Sec. 210, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5510; amd. Sec. 4, Ch. 646, L. 1985.  
  50-53-109. Violation of chapter a misdemeanor. A person who violates this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $25 or more than $500, imprisonment for not more than 6 months, or both. Each day that a violation continues is a separate violation.   History: En. Sec. 211, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5511.  
  50-53-110 through 50-53-114 reserved.  
  50-53-115. Special requirements for flow-through hot springs pools. In addition to the other requirements of this chapter and rules promulgated under this chapter, flow-through hot springs pools must meet the following requirements:   (1) The temperature of the pool water must be 106 degrees F or less.   (2) The water must have sufficient clarity at all times so that a black disc, 6 inches in diameter, is readily visible when placed on a white field at the deepest point of the pool.   (3) The pool water must be maintained at a pH of no less than 7.2 and not greater than 9.4.   (4) The pool must provide sufficient water volume exchange to produce an 8-hour turnover of the entire volume of pool water to waste. In addition:   (a) the pool, and all surfaces that flow into the pool, must be drained, cleaned, and sanitized every 72 hours; or   (b) the pool must be disinfected, and a chlorine residual of 1 to 3 parts per million or a bromine residual of 3 to 6 parts per million must be maintained in the pool at all times.   (5) Signs must be prominently posted that specify pool rules and special health hazards associated with swimming or bathing in flow-through hot springs pools. The contents of the signs must be determined by department rule. The department, in developing rules under this section, shall consult with flow-through hot springs pool owners.   History: En. Sec. 1, Ch. 155, L. 1995; amd. Sec. 1, Ch. 422, L. 2007.  
  50-53-201. License required -- validation. (1) A person may not operate a public swimming pool or public bathing place without annually obtaining a license from the department.   (2) A license is required for each separate public swimming pool or public bathing place. A public swimming pool is separate if:   (a) its water does not commingle with water from any other public swimming pool; or   (b) it is serviced by a separate water filtration system.   (3) A license issued by the department is not valid unless signed in accordance with 50-53-206, if applicable, or in accordance with 50-53-207, in the case of an appeal.   History: En. Sec. 4, Ch. 708, L. 1991; amd. Sec. 218, Ch. 42, L. 1997; amd. Sec. 3, Ch. 93, L. 2003; amd. Sec. 3, Ch. 310, L. 2007.  
  50-53-202. Application for and right to license. (1) An application for both an original and renewal license to operate a public swimming pool or public bathing place must be made to the department, must contain the information required by the department, and must be accompanied by the fee provided for in 50-53-203.   (2) A license must be issued to an applicant who has satisfied the requirements for a license provided in part 1, this part, and department rules.   (3) Upon issuing a license, the department shall forward the license to the appropriate local health officer for validation as provided in 50-53-206, if applicable.   History: En. Sec. 5, Ch. 708, L. 1991; amd. Sec. 219, Ch. 42, L. 1997; amd. Sec. 4, Ch. 310, L. 2007.  
  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 $200.   (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 $75.   (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.   History: En. Sec. 6, Ch. 708, L. 1991; amd. Sec. 1, Ch. 277, L. 1993; amd. Sec. 220, Ch. 42, L. 1997; amd. Sec. 5, Ch. 310, L. 2007.  
  50-53-204. License expiration -- nontransferability. (1) A license issued under part 1 and this part expires on December 31 of the year of issuance unless it is suspended or canceled by the department before that date.   (2) A license issued under part 1 and this part is not transferable.   History: En. Sec. 9, Ch. 708, L. 1991; amd. Sec. 221, Ch. 42, L. 1997.  
  50-53-205 reserved.  
  50-53-206. Validation of license required. (1) (a) 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 license issued by the department under part 1 and this part is not valid until it is signed by the local health officer of the jurisdiction in which the public swimming pool or public bathing place is located.   (b) The local health officer shall, within 15 days of receipt of the license, validate or refuse to validate the license. Failure of the officer to validate a license is a refusal for the purposes of 50-53-207.   (2) Validation is not required if the local board of health has delegated its inspection and enforcement activities for public swimming pools and public bathing places to the department.   History: En. Sec. 7, Ch. 708, L. 1991; amd. Sec. 222, Ch. 42, L. 1997; amd. Sec. 6, Ch. 310, L. 2007.  
  50-53-207. Refusal of health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department under part 1 and this part only if the officer determines that the license applicant has not met the requirements for the issuance of a license under part 1, this part, and department rules. If the local health officer refuses to validate a license, the officer shall notify the license applicant and the department of the refusal within 5 days of the officer's decision. The notice must state the grounds for the refusal.   (2) The license applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the officer and the board within 30 days of the officer's refusal or within 30 days of the expiration of the period for the officer's decision under 50-53-206, whichever is first.   (3) Upon filing the notice of appeal, the license applicant is entitled to a hearing before the board to determine the applicant's eligibility for a license under part 1, this part, and department rules. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the board finds that the applicant is entitled to a validated license, the presiding officer of the board shall validate the license by signing the license.   History: En. Sec. 8, Ch. 708, L. 1991; amd. Sec. 223, Ch. 42, L. 1997.  
  50-53-208 reserved.  
  50-53-209. Cooperative agreements -- inspections. (1) The department may enter into cooperative agreements with local boards of health to authorize those boards to act as agents of the department and to conduct inspections of and enforce applicable statutes and department rules relating to public swimming pools and public bathing places within the jurisdictions of the respective boards.   (2) The department or a local board of health, pursuant to a cooperative agreement, shall annually conduct:   (a) at least one full facility inspection and one critical point inspection of each public swimming pool or public bathing place operated throughout the year; and   (b) at least one full facility inspection of each seasonal public swimming pool or public bathing place.   (3) The department shall enter into cooperative agreements with the department of fish, wildlife, and parks and other state agencies that operate public swimming pools or public bathing places to address the enforcement of this chapter and rules adopted under this chapter.   History: En. Sec. 10, Ch. 708, L. 1991; amd. Sec. 4, Ch. 93, L. 2003.  
  50-53-210 reserved.  
  50-53-211. Denial, suspension, or cancellation of license -- multiple pool facility. (1) The department may deny, suspend, or cancel a license if it finds that the license applicant or licensee has violated part 1, this part, or department rules and has failed or refused to remedy or correct the violation in accordance with the procedure provided in 50-53-213.   (2) If the license of an operator who operates more than one public swimming pool under one license is denied, suspended, or canceled, the use of all of the public swimming pools on the premises must cease unless the department determines that the violation for which the license was denied, suspended, or canceled does not affect the operation or the use of all of the public swimming pools on the premises.   History: En. Sec. 11, Ch. 708, L. 1991; amd. Sec. 224, Ch. 42, L. 1997.  
  50-53-212. Administrative enforcement -- notice -- department hearing. (1) A license may not be denied, suspended, or canceled or corrective action may not be ordered by the department unless the department delivers to the license applicant or licensee a written notice of violation that contains a written statement of the facts constituting the violation and a citation to the statute or rule of the department alleged to have been violated. Further administrative enforcement action may not be taken by the department pursuant to the notice if within 10 days after receipt of the notice, the license applicant or licensee complies with the provisions of 50-53-213.   (2) The department may combine with any notice issued under subsection (1) an order for the suspension or cancellation of a license or for corrective action as the department finds necessary to remedy the violation evidenced in the notice. The order becomes final 10 days after service unless within that time the license applicant or licensee requests a hearing pursuant to subsection (4) or submits a corrective action plan in accordance with 50-53-213.   (3) The department may combine with any notice or order issued under subsection (1) or (2) an order for the license applicant or licensee to appear before the department within a time specified by the department and show cause why the department should not deny, suspend, or cancel the license or otherwise order compliance with part 1, this part, and the rules of the department.   (4) A hearing request by a license applicant or licensee must be made in writing to the department and must specify the mistake in the facts or law relied on by the department. A hearing held pursuant to this section must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. Following a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.   History: En. Sec. 12, Ch. 708, L. 1991; amd. Sec. 225, Ch. 42, L. 1997.  
  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.   History: En. Sec. 13, Ch. 708, L. 1991.  
  50-53-214. Return of license for alteration or destruction. Upon cancellation of a license or the right to operate one or more public swimming pools under a single license for the premises, the operator of the public swimming pool shall return the license to the department for destruction of the license or deletion of the listing of the public swimming pool affected by the cancellation. Cancellation by the department of a license to operate a public swimming pool is effective notwithstanding the refusal or failure of an operator to return the license to the department.   History: En. Sec. 14, Ch. 708, L. 1991.  
  50-53-215 reserved.  
  50-53-216. Civil penalties -- other enforcement not barred. (1) A person who violates a provision of part 1, this part, department rules implementing those sections, an order of the department, or any condition of a license issued by the department is subject to a civil penalty not to exceed $500 for each violation.   (2) An action for collection of a civil penalty under this section does not bar administrative enforcement under 50-53-212, an action for injunctive relief under 50-53-104, or enforcement under 50-53-109.   History: En. Sec. 15, Ch. 708, L. 1991; amd. Sec. 226, Ch. 42, L. 1997.  
  50-53-217. Recovery of costs by department or local jurisdiction. In a civil or criminal action brought by the department or a local jurisdiction to enforce the requirements of part 1 and this part, the rules of the department, or any condition of a license or to assess civil penalties and in an action brought by the department to enforce an order of the department, the court may, in the case of an intentional violation of part 1 and this part, assess the operator of the public swimming pool or public bathing place for the costs of any investigation and the costs of the civil or criminal action, including reasonable attorney fees.   History: En. Sec. 16, Ch. 708, L. 1991; amd. Sec. 227, Ch. 42, L. 1997.  
  50-53-218. Department to pay board for inspections or enforcement, or both. (1) By June 30 of each year, the department shall pay to a local board of health established under 50-2-104, 50-2-106, or 50-2-107 an amount from the local board inspection fund account, created by 50-2-108, for the purpose of inspecting public swimming pools and public bathing places licensed under part 1 and this part or for taking appropriate enforcement action with respect to the public swimming pools and public bathing places, or for both inspection and enforcement. The payment required by this section must be made to a board only if the board and any local health officer and sanitarian for the jurisdiction of the board meet the program performance standards established by department rules.   (2) Money received by the board pursuant to subsection (1) may be used only for the purpose of inspections and enforcement under part 1 and this part and must be used to supplement and not supplant other money received by the board for the same purpose.   (3) The department may use money in the local board inspection fund account appropriated to the department for the enforcement of part 1, this part, and the rules of the department and for inspections to determine compliance with those sections and rules in any local jurisdiction not receiving payment under subsection (1).   History: En. Sec. 17, Ch. 708, L. 1991; amd. Sec. 228, Ch. 42, L. 1997.  
  50-57-101. Purpose. This chapter provides for the licensure and regulation of wholesale food establishments to prevent and eliminate conditions and practices that endanger public health.   History: En. Sec. 1, Ch. 474, L. 2003; amd. Sec. 1, Ch. 395, L. 2007.  
  50-57-102. Definitions. Unless the context clearly requires otherwise, in this chapter the following definitions apply:   (1) "Consumer" means a person who:   (a) is a member of the public;   (b) takes possession of food;   (c) is not functioning in the capacity of an operator of an establishment; and   (d) does not offer the food for resale.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Dietary supplement" means a product, other than a tobacco product, that is intended to supplement the diet and:   (a) is advertised only as a food supplement; and   (b) bears or contains one or more of the following ingredients:   (i) a vitamin;   (ii) a mineral;   (iii) an herb or other botanical substance;   (iv) an amino acid; or   (v) a dietary substance used to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract, or a combination of any ingredients described in subsections (3)(b)(i) through (3)(b)(iv).   (4) "Establishment" means a wholesale food manufacturing establishment, wholesale food salvage establishment, wholesale food warehouse, wholesale ice manufacturer, or wholesale water bottler.   (5) (a) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption. The term includes dietary supplements.   (b) The term does not include nonprescription drugs.   (6) "Local board of health" means a county, city, city-county, or district board of health.   (7) "Local health officer" means a county, city, city-county, or district health officer appointed by the local board of health or the health officer's authorized representative.   (8) "Regulatory authority" means the department, the local board of health, the local health officer, or the local sanitarian.   (9) "Retail" means the provision of food directly to the consumer.   (10) "Retail food establishment" has the meaning provided in 50-50-102.   (11) (a) "Wholesale" means the sale or provision of food to a retail food establishment or to another person engaged in retail sales who sells or provides the food directly to the consumer.   (b) The term does not include the sale or provision of food at retail.   (12) (a) "Wholesale food manufacturing establishment" means a facility and the facility's buildings or structures used to manufacture or prepare food for human consumption at wholesale.   (b) The term does not include:   (i) milk producers' facilities, milk pasteurization facilities, or milk product manufacturing plants;   (ii) slaughterhouses, meat packing plants, or meat depots; or   (iii) producers or harvesters of raw and unprocessed farm products.   (13) "Wholesale food salvage establishment" means an entity that is engaged in reconditioning or by other means salvaging distressed food or that sells, buys, or distributes for human consumption any salvaged food. The term includes a salvage broker, a salvage operator, and a salvage warehouse.   (14) (a) "Wholesale food warehouse" means a facility used to store food or cosmetics for distribution to retailers.   (b) The term includes a frozen food plant that is used to freeze, process, or store food, including any facility used in conjunction with the frozen food plant.   (c) The term does not include a wine, beer, or soft drink warehouse that is separate from facilities where brewing or drink manufacturing occurs.   (15) (a) "Wholesale ice manufacturer" means an entity that produces ice for human consumption that is sold at wholesale in packaged form or in bulk form for food, drink, or culinary purposes.   (b) The term does not include:   (i) persons, hotels, restaurants, inns, caterers, food service contractors, or theaters that manufacture or furnish ice solely for their customers in a manner that is incidental to the production, sale, or dispensing of other goods and services; or   (ii) a retail food establishment that manufactures ice in packaged form for onsite retail sales to the consumer.   (16) (a) "Wholesale water bottler" means an entity that is engaged in the production, packaging, manufacturing, or processing of drinking water, culinary bottled water, or water otherwise processed and packaged for human consumption that is sold at wholesale.   (b) The term does not include a facility that produces, packages, manufactures, or processes drinking water, culinary bottled water, or water otherwise processed and packaged for human consumption onsite for retail sale.   History: En. Sec. 2, Ch. 474, L. 2003; amd. Sec. 2, Ch. 395, L. 2007; amd. Sec. 29, Ch. 239, L. 2015.  
  50-57-103. Department authorized to adopt rules. (1) The department shall adopt rules relating to the operation of establishments, including rules:   (a) setting standards to ensure sanitation and safety in establishments to protect public health and safety;   (b) relating to the licensing of establishments;   (c) providing procedures for enforcement of the laws and rules relating to establishments;   (d) relating to cooperative agreements between the department and local boards of health; and   (e) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-57-305.   (2) To the extent feasible, the rules must be consistent with rules adopted to implement chapter 50.   History: En. Sec. 3, Ch. 474, L. 2003.  
  50-57-104. Cooperative agreements authorized. The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.   History: En. Sec. 4, Ch. 474, L. 2003.  
  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.   History: En. Sec. 5, Ch. 474, L. 2003; amd. Sec. 3, Ch. 395, L. 2007.  
  50-57-106. Injunctions. The regulatory authority may bring an action for an injunction against the continuation of an alleged violation of this chapter or a rule adopted by the department under this chapter.   History: En. Sec. 6, Ch. 474, L. 2003.  
  50-57-107. County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule adopted by the department under this chapter.   History: En. Sec. 7, Ch. 474, L. 2003.  
  50-57-108. Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:   (1) fined an amount of not less than $50 or more than $100 for the first offense;   (2) fined an amount of not less than $75 or more than $200 for the second offense;   (3) fined an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.   History: En. Sec. 8, Ch. 474, L. 2003.  
  50-57-109. Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department under this chapter is subject to a civil penalty not to exceed $500.   (2) A civil action to impose penalties, as provided under this section, does not bar a prosecution under 50-57-107 and 50-57-108 or injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department under this chapter.   History: En. Sec. 9, Ch. 474, L. 2003.  
  50-57-110. Costs and expenses -- recovery by department or county. In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter. These costs are limited to the direct costs of investigations and other expenses.   History: En. Sec. 10, Ch. 474, L. 2003.  
  50-57-201. License required. (1) A person operating an establishment shall procure an annual license from the department.   (2) Except as provided in subsection (3), a separate license is required for each establishment, but if more than one type of establishment is operated on the same premises and under the same management, only one license is required.   (3) A person operating an establishment and a retail food establishment is required to obtain a separate license for the establishment under this chapter and for the retail food establishment under Title 50, chapter 50.   History: En. Sec. 11, Ch. 474, L. 2003.  
  50-57-202 reserved.  
  50-57-203. Application for license. An application for a license must be made to the department on forms containing information required by the department, or the application must be made in compliance with the rules established by the board of review established in 30-16-302.   History: En. Sec. 12, Ch. 474, L. 2003.  
  50-57-204 reserved.  
  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 $115.   (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.   History: En. Secs. 13, 14, Ch. 474, L. 2003; amd. Sec. 5, Ch. 482, L. 2009.  
  50-57-206. License expiration -- nontransferability. (1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause.   (2) If the board of review adopts a renewal date for licenses under this chapter, the licenses expire on the anniversary date established by rule by the board of review.   (3) Licenses are not transferable.   History: En. Sec. 15, Ch. 474, L. 2003.  
  50-57-207. Right to renewal. (1) License renewal may be obtained annually by paying the required annual license fee provided for in 50-57-205.   (2) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.   History: En. Sec. 16, Ch. 474, L. 2003.  
  50-57-208. Validation by local health officer. (1) A license issued by the department is not valid until it is signed by the local health officer of the local board of health with jurisdiction where the establishment is located.   (2) The local health officer shall validate or refuse to validate the license within 15 days of the receipt of the license.   (3) The failure of the local health officer to validate the license within 15 days after its receipt is a refusal.   History: En. Sec. 17, Ch. 474, L. 2003.  
  50-57-209. Refusal of local health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department only if the local health officer determines that the applicant has not met the requirements for the issuance of the license under this chapter or rules adopted by the department under this chapter. The local health officer shall notify the applicant and the department of the refusal within 5 days of the decision not to validate. The notice must state the grounds for the refusal.   (2) The applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the local health officer and the local board of health within 30 days of the local health officer's refusal to validate a license or within 30 days of the expiration of the period for the local health officer's decision under 50-57-208, whichever is first.   (3) Upon the filing of the notice of appeal, the applicant is entitled to a hearing before the local board of health to determine the applicant's eligibility for a license under this chapter and department rules adopted under this chapter. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the local board of health finds that the applicant is entitled to a validated license, the presiding officer of the local board of health shall validate the license by signing the license.   History: En. Sec. 18, Ch. 474, L. 2003.  
  50-57-210. Cancellation of license -- multiple establishments. (1) The department may deny or cancel a license if it finds, after proper investigation, that the applicant or licensee has violated or is not in compliance with this chapter or a rule adopted under this chapter and that the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.   (2) When more than one type of establishment is authorized by one license, as provided in 50-57-201(2), the denial or cancellation may affect one, some, or all of the types of establishments as determined by the department.   History: En. Sec. 19, Ch. 474, L. 2003.  
  50-57-211. Submission and execution of plan of correction as bar to cancellation. An applicant or licensee may submit to the department a written plan of correction within 10 days after receipt from the department of a written notice of violation. The department shall determine if the plan of correction is acceptable. The submission and execution of an acceptable plan of correction within the time prescribed in the plan are a bar to license cancellation.   History: En. Sec. 20, Ch. 474, L. 2003.  
  50-57-212. Notice and hearing required. (1) A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the department to show cause, if any, why the license should not be denied or canceled.   (2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.   (3) The hearing must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. After a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.   History: En. Sec. 21, Ch. 474, L. 2003.  
  50-57-213. Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under this chapter.   History: En. Sec. 22, Ch. 474, L. 2003.  
  50-57-301. Health officers and sanitarians to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall conduct investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.   History: En. Sec. 23, Ch. 474, L. 2003.  
  50-57-302. Health officers and sanitarians to have free access. State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.   History: En. Sec. 24, Ch. 474, L. 2003.  
  50-57-303 and 50-57-304 reserved.  
  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.   History: En. Sec. 25, Ch. 474, L. 2003.  
  50-6-101. Legislative purpose. (1) The public welfare requires the providing of assistance and encouragement for the development of an emergency care system for Montanans who each year are dying and suffering permanent disabilities needlessly because of inadequate medical services. The repeated loss of persons who die unnecessarily because necessary life-support personnel and equipment are not available to victims of accidents and sudden illness is a tragedy that can and must be eliminated.   (2) Community-integrated health care is necessary to improve the health of Montana citizens, to prevent illness and injury, to reduce the incidence of emergency calls and hospital emergency department visits made for the purpose of obtaining nonemergency, nonurgent medical care or services, and to provide community outreach, health education, and referral services within communities.   (3) The development of an emergency medical services program and community-integrated health care is in the interest of the social well-being and health and safety of the state and all of its people who require emergency and community-integrated medical care.   History: En. 69-7001 by Sec. 1, Ch. 311, L. 1974; R.C.M. 1947, 69-7001; amd. Sec. 14, Ch. 220, L. 2019.  
  50-6-102. Department to establish and administer program. The department of public health and human services shall establish and administer an emergency medical services program.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 95, Ch. 418, L. 1995; amd. Sec. 260, Ch. 546, L. 1995.  
  50-6-103. Powers of department. (1) The department of public health and human services is authorized to confer and cooperate with any other persons, organizations, and governmental agencies that have an interest in the emergency medical services program and community-integrated health care.   (2) The department is authorized to accept, receive, expend, and administer any funds that are now available or that may be donated, granted, or appropriated to the department.   (3) The department may, after consultation with the trauma care committee, the Montana committee on trauma of the American college of surgeons, the Montana hospital association, and the Montana medical association, adopt rules necessary to implement part 4 of this chapter.   (4) The department shall continually assess and, as needed, revise the functions and components that it regulates to improve the quality of emergency medical services and to ensure that the emergency medical services program adapts to the changing community-integrated health care needs of the citizens of Montana.   (5) The department shall collaborate with other components of the health care system to fully integrate the emergency medical services program into the overall health care system.   (6) As part of the collaboration under subsection (5), the department shall provide guidance to ambulance services and nontransporting medical units regarding their choice whether or not to engage in community-integrated health care beyond offering emergency medical services.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 96, Ch. 418, L. 1995; amd. Sec. 261, Ch. 546, L. 1995; amd. Sec. 11, Ch. 579, L. 1995; amd. Sec. 3, Ch. 171, L. 1997; amd. Sec. 15, Ch. 220, L. 2019.  
  50-6-104. Interdepartmental cooperation required. The department of public health and human services, the board of medical examiners, and other interested departments or divisions shall develop in writing a mutually agreeable plan of cooperation so that governmental efforts are not duplicated and governmental resources are applied on a reasonable priority basis.   History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 97, Ch. 418, L. 1995; amd. Sec. 262, Ch. 546, L. 1995; amd. Sec. 1, Ch. 150, L. 2009.  
  50-6-105. Emergency medical care standards -- review process. (1) The board of medical examiners 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, or the operation of an emergency medical service, as defined in 50-6-302, must be filed with the board and reviewed by a screening panel pursuant to 37-1-307.   (b) If a complaint is initially filed with the department of public health and human services, the department shall refer the complaint to the board for review by a screening panel.   (3) (a) When a complaint involves the operation or condition of an emergency medical service, the screening panel shall refer the complaint to the department for investigation as provided in 50-6-323.   (b) When a complaint involves patient care provided by an emergency care provider, the screening panel shall:   (i) refer the complaint to the board for investigation as provided in 37-1-308 and 50-6-203; and   (ii) forward to the department the complaint and the results of the screening panel's initial review as soon as the review is completed.   (c) When a complaint involves a combination of patient care and emergency medical service matters, the screening panel shall refer the complaint to both the department and the board for matters that fall within the jurisdiction of each entity.   (4) For a complaint involving patient care, the board shall:   (a) immediately share with the department any information indicating:   (i) a potential violation of department rules; or   (ii) that the existing policies or practices of an emergency medical service may be jeopardizing patient care; and   (b) notify the department 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 shall:   (a) immediately share with the board any information indicating:   (i) a potential violation of board rules; or   (ii) that the practices of an emergency care provider may be jeopardizing patient care; and   (b) notify the board when:   (i) a sanction is imposed on an emergency medical service; or   (ii) the complaint is resolved.   History: En. Sec. 2, Ch. 150, L. 2009; amd. Sec. 16, Ch. 220, L. 2019.  
  50-6-201. Legislative findings -- duty of board. (1) The legislature finds and declares that a program for emergency care providers is required in order to provide the safest and most efficient delivery of emergency and community-integrated health care.   (2) The legislature further finds that prompt and efficient emergency medical care of the sick and injured at the scene and during transport to a health care facility is important in reducing the mortality and morbidity rate during the first critical minutes immediately after an accident or the onset of an emergent condition.   (3) The legislature further finds that community-integrated health care can prevent illness and injury and can help fill gaps in the state's health care system, particularly in rural communities with limited health care services and providers.   (4) The board has a duty to ensure that emergency care providers are properly licensed and provide proper treatment to patients in their care.   History: En. 69-7003 by Sec. 1, Ch. 84, L. 1975; R.C.M. 1947, 69-7003; amd. Sec. 3, Ch. 150, L. 2009; amd. Sec. 17, Ch. 220, L. 2019.  
  50-6-202. Definitions. As used in this part, the following definitions apply:   (1) "Board" means the Montana state board of medical examiners provided for in 2-15-1731.   (2) "Emergency care provider" means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. An emergency care provider with an endorsement may provide community-integrated health care.   (3) "Volunteer emergency care provider" means an individual who is licensed pursuant to this part and provides out-of-hospital, emergency medical, or community-integrated health care or interfacility transport:   (a) on the days and at the times of the day chosen by the individual; and   (b) for an emergency medical service other than:   (i) a private ambulance company unless the care is provided without compensation and outside of the individual's regular work schedule; or   (ii) a private business or a public agency, as defined in 7-1-4121, that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.   History: En. 69-7004 by Sec. 2, Ch. 84, L. 1975; R.C.M. 1947, 69-7004; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 377, L. 1991; amd. Sec. 157, Ch. 483, L. 2001; (3)En. Sec. 1, Ch. 82, L. 2009; amd. Sec. 18, Ch. 220, L. 2019.  
  50-6-203. Rules. (1) The board, after consultation with the department of public health and human services and other appropriate departments, associations, and organizations, shall adopt rules of the board implementing this part, including but not limited to:   (a) training and licensure of emergency care providers;   (b) the administration of drugs by emergency care providers; and   (c) the handling of complaints involving patient care provided by emergency care providers.   (2) The board may, by rule, establish various levels of emergency care provider licensure and shall specify for each level the training requirements, acts allowed, relicensure requirements, and any other requirements regarding the training, performance, or licensure of that level of emergency care provider that it considers necessary, subject to the provisions of 37-1-138.   History: En. 69-7008 by Sec. 6, Ch. 84, L. 1975; R.C.M. 1947, 69-7008; amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 2, Ch. 377, L. 1991; amd. Sec. 98, Ch. 418, L. 1995; amd. Sec. 263, Ch. 546, L. 1995; amd. Sec. 60, Ch. 271, L. 2003; amd. Sec. 4, Ch. 150, L. 2009; amd. Sec. 19, Ch. 220, L. 2019.  
  50-6-204. Repealed. Sec. 4, Ch. 377, L. 1991.   History: En. 69-7005 by Sec. 3, Ch. 84, L. 1975; R.C.M. 1947, 69-7005.  
  50-6-205. Repealed. Sec. 4, Ch. 377, L. 1991.   History: En. 69-7006, 69-7007 by Secs. 4, 5, Ch. 84, L. 1975; R.C.M. 1947, 69-7006, 69-7007.  
  50-6-206. Consent. An emergency care provider may not be subject to civil liability for failure to obtain consent in performing acts as authorized in this part to any individual regardless of age when the patient is unable to give consent and there is no other person present legally authorized to consent, provided that the acts are in good faith and without knowledge of facts negating consent.   History: En. 69-7009 by Sec. 7, Ch. 84, L. 1975; R.C.M. 1947, 69-7009; amd. Sec. 20, Ch. 220, L. 2019.  
  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.   History: En. 69-7010 by Sec. 8, Ch. 84, L. 1975; R.C.M. 1947, 69-7010; amd. Sec. 3, Ch. 377, L. 1991; amd. Sec. 99, Ch. 418, L. 1995; amd. Sec. 264, Ch. 546, L. 1995.  
  50-6-301. Findings. The legislature finds and declares that:   (1) the public welfare requires the establishment of minimum uniform standards for the operation of emergency medical services;   (2) the control, inspection, and regulation of persons providing emergency medical services or community-integrated health care is necessary to prevent or eliminate improper care that may endanger the health of the public; and   (3) the regulation of emergency medical services is in the interest of the social well-being and the health and safety of the state and all its people.   History: En. Sec. 1, Ch. 387, L. 1971; R.C.M. 1947, 69-3604; amd. Sec. 1, Ch. 387, L. 1989; amd. Sec. 21, Ch. 220, L. 2019.  
  50-6-302. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Aircraft" has the meaning provided in 67-1-101. The term includes any fixed-wing airplane or helicopter.   (2) (a) "Ambulance" means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients.   (b) The term does not include:   (i) a motor vehicle or aircraft owned by or operated under the direct control of the United States; or   (ii) air transportation services, such as charter or fixed-based operators, that are regulated by the federal aviation administration and that offer no special medical services or provide only transportation to patients or persons at the direction or under the supervision of an independent physician.   (3) "Board" means the Montana state board of medical examiners provided for in 2-15-1731.   (4) "Community-integrated health care" means the provision of out-of-hospital medical services that an emergency care provider with an endorsement may provide as determined by board rule.   (5) "Department" means the department of public health and human services provided for in 2-15-2201.   (6) "Emergency medical service" means an out-of-hospital health care treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit that is licensed by the department to provide out-of-hospital health care treatment services or interfacility emergency medical transportation, including community-integrated health care.   (7) "Nonemergency ambulance transport" means the use of an ambulance to transport a patient between health care facilities, as defined in 50-5-101, including federal facilities, when the patient's medical condition requires special transportation considerations, supervision, or handling but does not indicate a need for medical treatment during transit or for emergency medical treatment upon arrival at the receiving health care facility.   (8) "Nontransporting medical unit" means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. Nontransporting medical units provide any one of varying types and levels of service defined by department rule but may not transport patients.   (9) "Offline medical direction" means the function of a board-licensed physician or physician assistant in providing:   (a) medical oversight and supervision for an emergency medical service or an emergency care provider; and   (b) review of patient care techniques, emergency medical service procedures, and quality of care.   (10) "Online medical direction" means the function of a board-licensed physician or physician assistant or the function of a designee of the physician or physician assistant in providing direction, advice, or orders to an emergency care provider for interfacility emergency medical transportation or out-of-hospital emergency medical or community-integrated health care as identified in a plan for offline medical direction.   (11) (a) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.   (b) Unless otherwise defined by rule for community-integrated health care, the term does not include an individual who is nonambulatory and who needs transportation assistance solely because that individual is confined to a wheelchair as the individual's usual means of mobility.   (12) "Person" means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States.   (13) "Volunteer emergency care provider" means an individual who is licensed pursuant to Title 50, chapter 6, part 2, and provides out-of-hospital, emergency medical, or community-integrated health care or interfacility emergency medical transportation:   (a) on the days and at the times of the day chosen by the individual; and   (b) for an emergency medical service other than:   (i) a private ambulance company, unless the care is provided without compensation and outside of the individual's regular work schedule; or   (ii) a private business or a public agency, as defined in 7-1-4121, that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.   History: En. Sec. 2, Ch. 387, L. 1971; amd. Sec. 11, Ch. 349, L. 1974; amd. Sec. 1, Ch. 86, L. 1977; R.C.M. 1947, 69-3605; amd. Sec. 2, Ch. 387, L. 1989; amd. Sec. 1, Ch. 304, L. 1991; amd. Sec. 100, Ch. 418, L. 1995; amd. Sec. 265, Ch. 546, L. 1995; amd. Sec. 5, Ch. 150, L. 2009; amd. Sec. 1, Ch. 354, L. 2009; amd. Sec. 22, Ch. 220, L. 2019.  
  50-6-303. Repealed. Sec. 17, Ch. 387, L. 1989.   History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(1), (2).  
  50-6-304. Cooperative agreements -- gifts, grants, and donations. (1) The department may enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this part.   (2) The department may accept and administer any gift, grant, or donation of funds to carry out the purposes of this part.   History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(3); amd. Sec. 4, Ch. 387, L. 1989.  
  50-6-305. Repealed. Sec. 17, Ch. 387, L. 1989.   History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(4).  
  50-6-306. License required. (1) A person may not conduct or operate an emergency medical service without first obtaining a license from the department. A separate license is required for each type and level of service.   (2) Applications for a license must be made in writing to the department on forms specified by the department.   (3) Each license must be issued for a specific term not to exceed 2 years. Renewal may be obtained by paying the required license fee and demonstrating compliance with department rules.   (4) The license is not transferable.   (5) The department shall notify an ambulance service at the time of licensing or licensing renewal of the reporting limitation of 30-14-2602.   History: En. Secs. 3, 4, Ch. 387, L. 1971; R.C.M. 1947, 69-3606, 69-3607(2); amd. Sec. 5, Ch. 387, L. 1989; amd. Sec. 2, Ch. 315, L. 2017.  
  50-6-307. License fee. (1) There must be paid to the department, with each application for a license or for renewal of a license, a license fee of $35.   (2) The department shall deposit fees with the state treasurer to the credit of the state general fund.   (3) Payment of the license fee stipulated in this part must be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this part.   History: En. Secs. 4, 10, Ch. 387, L. 1971; R.C.M. 1947, 69-3607(1), 69-3613; amd. Sec. 1, Ch. 592, L. 1983; amd. Sec. 6, Ch. 387, L. 1989.  
  50-6-308. Cancellation of license. The department may cancel a license if it finds that the licensee has:   (1) violated any provision of this part or any rule of the department or order of the department; and   (2) failed or refused to remedy or correct the violation.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part); amd. Sec. 7, Ch. 387, L. 1989; amd. Sec. 266, Ch. 546, L. 1995.  
  50-6-309. Repealed. Sec. 17, Ch. 387, L. 1989.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part).  
  50-6-310. Notice and hearing required. (1) The department may not deny or cancel a license without:   (a) delivery to the applicant or licensee of a written statement of the grounds for the denial or cancellation or the charge involved;   (b) an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled.   (2) The licensee shall make written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part); amd. Sec. 267, Ch. 546, L. 1995.  
  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.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(3).  
  50-6-312. Repealed. Sec. 17, Ch. 387, L. 1989.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part).  
  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.   History: En. Sec. 7, Ch. 387, L. 1971; amd. Sec. 13, Ch. 349, L. 1974; R.C.M. 1947, 69-3610; amd. Sec. 9, Ch. 387, L. 1989; amd. Sec. 1817, Ch. 56, L. 2009.  
  50-6-314. Authority of department to compel and take testimony. In any proceeding under this part, the department may administer oaths, issue subpoenas, summon witnesses, and take testimony of any person within the state.   History: En. Sec. 8, Ch. 387, L. 1971; R.C.M. 1947, 69-3611; amd. Sec. 13, Ch. 387, L. 1989; amd. Sec. 268, Ch. 546, L. 1995.  
  50-6-315. County attorney to prosecute violations. When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person violating this part or any rule of the department or order issued by the department.   History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(4); amd. Sec. 14, Ch. 387, L. 1989; amd. Sec. 269, Ch. 546, L. 1995.  
  50-6-316. Criminal and civil penalties. (1) Any person violating any provision of this part or any rule of the department or order issued by the department is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $100 for the first offense, not less than $75 or more than $200 for the second offense, and for third and subsequent offenses, not less than $200 or more than $500 or imprisoned in the county jail not to exceed 90 days.   (2) A person who violates any provision of this part or any rule of the department or order issued by the department is subject to a civil penalty not to exceed $1,000 for each violation. Each day of violation constitutes a separate violation.   (3) An action commenced under subsections (2) through (6) does not bar administrative enforcement of this part as provided in 50-6-327 or an injunction as provided in 50-6-326.   (4) If the department has reason to believe that a person has violated any provision of this part or any rule of the department or order issued by the department, it shall bring an action in the name of the state against the person to impose, assess, and recover the civil penalties as provided in subsection (2).   (5) Any civil penalty collected under subsections (2) through (6) is in lieu of the criminal penalty provided for in subsection (1).   (6) All penalties collected under subsections (2) through (5) must be transmitted to the state treasurer for deposit in the state general fund.   History: En. Sec. 9, Ch. 387, L. 1971; R.C.M. 1947, 69-3612; amd. Sec. 15, Ch. 387, L. 1989; (2) thru (6)En. Sec. 16, Ch. 387, L. 1989; amd. Sec. 270, Ch. 546, L. 1995.  
  50-6-317. Liability protection. (1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician, physician assistant, or nurse, if the instructions given by the physician, physician assistant, or nurse are:   (a) consistent with the protocols and the offline medical direction plan approved by the department in licensing the emergency medical service; and   (b) consistent with the level of licensure of the emergency medical services personnel instructed by the physician, physician assistant, or nurse.   (2) An individual who volunteers or who is reimbursed $5,000 or less in any 12-month period for providing offline medical direction is not liable for civil damages for an injury resulting from the performance of the individual's offline medical direction duties, except damages for an injury resulting from the gross negligence of the individual.   History: En. Sec. 2, Ch. 304, L. 1991; amd. Sec. 1818, Ch. 56, L. 2009; amd. Sec. 6, Ch. 150, L. 2009.  
  50-6-318 and 50-6-319 reserved.  
  50-6-320. Private air ambulance service -- findings -- exemptions from insurance code. (1) The legislature finds that there is a need to assist Montana consumers with regard to the availability and affordability of air ambulance service.   (2) Except as provided in subsection (3), a private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services to subscription members and designated members of their households is not an insurer as defined in 33-1-201, a health carrier as defined in 33-36-103, a health service corporation as defined in 33-30-101, or a health maintenance organization as defined in 33-31-102 if the private air ambulance service:   (a) is licensed in accordance with 50-6-306;   (b) has been in operation in Montana for at least 2 years; and   (c) has submitted evidence of its compliance with this section to the department.   (3) The provisions of Title 33 prescribed in 33-2-2212 apply to a private air ambulance service that offers a membership program covering out-of-pocket expenses in excess of deductibles, copays, and coinsurance incurred for out-of-network services using the private air ambulance service or to private air ambulance services that are out-of-network and with which the membership program has reciprocity.   (4) A private air ambulance service membership program must have reciprocity agreements with all other air ambulance service providers in Montana with air ambulance service membership programs to ensure maximum geographic coverage within the state for the subscribers to the program.   History: En. Sec. 1, Ch. 237, L. 2011; amd. Sec. 11, Ch. 210, L. 2017.  
  50-6-321 reserved.  
  50-6-322. Staffing -- nonemergency ambulance transports -- transports in rural areas. An emergency medical service that is staffed primarily by volunteer emergency care providers may staff an ambulance with one emergency care provider licensed at an emergency medical technician-basic level or higher and one driver trained in the operation of emergency vehicles for the following types of responses:   (1) nonemergency ambulance transports;   (2) emergency medical service provided by an ambulance company located in a county with a population of fewer than 20,000 residents; and   (3) emergency medical service provided by an ambulance company located in a county with a population of 20,000 residents or more if the ambulance company is transporting a patient from a community within that county that has a population of 1,500 residents or less to the nearest health care facility that is able to meet the patient's medical needs.   History: En. Sec. 2, Ch. 354, L. 2009; amd. Sec. 23, Ch. 220, L. 2019.  
  50-6-323. Powers and duties of department. (1) The department has general authority to supervise and regulate emergency medical services in Montana.   (2) Upon referral by a screening panel pursuant to 50-6-105, the department shall review and may investigate complaints relating to the operation of any emergency medical service.   (3) In investigating a complaint, the department may review:   (a) the type and condition of equipment and procedures used by an emergency medical service to provide care at the scene during prehospital or interfacility transportation or in other out-of-hospital care settings;   (b) the condition of any vehicle or aircraft used as an ambulance;   (c) general performance by an emergency medical service; and   (d) the results of any investigation conducted by the board concerning patient care by an emergency care provider who was, at the time of the complaint, providing care through the emergency medical service that is the subject of a complaint under investigation by the department.   (4) Upon completion of an investigation as provided in subsection (3), the department shall take appropriate action, including sharing information regarding complaints with the board as provided in 50-6-105 and initiating any necessary legal proceedings as authorized under this part.   (5) In order to carry out the provisions of this part, the department shall prescribe and enforce rules for emergency medical services. Rules of the department may include but are not limited to the following:   (a) the classification and identification of specific types and levels of interfacility medical transportation or out-of-hospital treatment services;   (b) procedures for issuing, denying, renewing, and canceling licenses issued under this part;   (c) minimum licensing standards for each type and level of service, including requirements for personnel, offline medical direction, online medical direction, maintenance, equipment, reporting, recordkeeping, sanitation, and minimum insurance coverage as determined appropriate by the department; and   (d) other requirements necessary and appropriate to ensure the quality, safety, and proper operation and administration of emergency medical services.   (6) A rule adopted pursuant to this section must comply with Title 2, chapter 4.   History: En. Sec. 3, Ch. 387, L. 1989; amd. Sec. 7, Ch. 150, L. 2009; amd. Sec. 24, Ch. 220, L. 2019.  
  50-6-324. Advisory committee. (1) The department may establish an advisory committee to assist in making determinations regarding:   (a) a request for waiver of licensing requirements as provided in 50-6-325;   (b) the resolution of a complaint as described in 50-6-323; and   (c) issuance of an order authorized under this part.   (2) The advisory committee must be established pursuant to rules adopted by the department.   History: En. Sec. 12, Ch. 387, L. 1989; amd. Sec. 271, Ch. 546, L. 1995.  
  50-6-325. Waiver of licensing requirements. (1) The department may waive any licensing requirements under this part upon submission and approval of a written application for waiver by a person subject to licensing under this part.   (2) The department may waive a licensing requirement if the person provides sufficient justification to allow a finding by the department that:   (a) the waiver is necessary to avoid significant financial or other hardship; and   (b) granting the waiver would not jeopardize patient care or the public health and safety.   (3) A waiver must be issued on a temporary basis, not exceeding 6 months, and may be renewed by the department upon submission and approval of an additional application for waiver of licensing requirements.   (4) A waiver granted by the department may be revoked for good cause after notice and an opportunity for a hearing before the department have been provided to the person affected by the department's action.   History: En. Sec. 8, Ch. 387, L. 1989; amd. Sec. 272, Ch. 546, L. 1995.  
  50-6-326. Injunction to require compliance. (1) The department may seek an injunction from an appropriate district court to require compliance with this part or to require compliance with a rule of the department or an order issued by the department. The court to which the department applies for an injunction may issue a temporary restraining order if there is reasonable cause to believe that the allegations of the department are true.   (2) An action for injunctive relief initiated by the department pursuant to subsection (1) may be commenced in the district court of the county in which the defendant is located, resides, or is doing business. If the defendant cannot be located in Montana, the action may be commenced in the county where the violation is alleged to occur or have occurred, and the court has jurisdiction to restrain the violation and require compliance.   History: En. Sec. 10, Ch. 387, L. 1989; amd. Sec. 273, Ch. 546, L. 1995.  
  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.   History: En. Sec. 11, Ch. 387, L. 1989; amd. Sec. 274, Ch. 546, L. 1995.  
  50-6-401. Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.   (2) "Emergency medical service" means an emergency medical service as defined by 50-6-302.   (3) "Health care facility" or "facility" means a hospital, critical access hospital, or medical assistance facility as defined in 50-5-101.   (4) "Hospital trauma register" means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility.   (5) "Quality improvement" means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards.   (6) "State trauma register" means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system.   (7) "Trauma" means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force.   (8) "Trauma care committee" means the trauma care committee created in 2-15-2216.   (9) "Trauma care system" means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients.   (10) "Trauma facility" means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility.   (11) "Trauma region" means a geographic area, designated by department rule pursuant to 50-6-402, within which trauma services are coordinated and evaluated through a regional trauma care system.   History: En. Sec. 3, Ch. 579, L. 1995; amd. Sec. 4, Ch. 171, L. 1997; amd. Sec. 6, Ch. 192, L. 2001.  
  50-6-402. Department duties -- rules. (1) The department shall plan, coordinate, implement, and administer a statewide trauma care system that involves all health care facilities and emergency medical services within the state. The department shall also develop and adopt a statewide trauma care system plan and a state trauma register.  (2) The department shall adopt rules to:   (a) establish and coordinate the statewide trauma care system, including rules that establish:   (i) various levels of trauma facilities and the standards each facility is required to meet concerning personnel, equipment, resources, data collection, and organizational capabilities;   (ii) procedures for, standards for, and the duration of designation and revocation of designation of a trauma facility, including application procedures, site survey procedures, complaint investigation, and emergency suspension of designation;   (iii) operational procedures and criteria for the regional trauma advisory committees;   (iv) prehospital emergency medical services triage and treatment protocols for trauma patients;   (v) triage and treatment protocols for the transfer of injured persons between health care facilities;   (vi) requirements for collection and release of trauma register data;   (vii) quality improvement standards for emergency medical services and trauma care facilities; and   (viii) the duties, responsibilities, and functions of the trauma care committee created by 2-15-2216 and the regional trauma care advisory committees created pursuant to 50-6-411;   (b) designate trauma regions throughout Montana, taking into consideration geographic distance from available trauma care, transportation modalities available, population location and density, health care facility resources, historical patterns of patient referral, and other considerations relevant to optimum provision of emergency medical care;   (c) establish the procedure to be followed by a health care facility to appeal to the department a decision by the department pursuant to 50-6-410 affecting the facility's designation as a trauma facility;   (d) specify the information that must be submitted to the department, including information from health care facilities, for statistical evaluation of the state and regional trauma care systems, planning prevention programs, assessing trauma-related educational priorities, and determining how trauma facilities and emergency medical services may comply with protocols and standards adopted by the department; and   (e) establish the electronic format and other standards that a health care facility trauma data system is required to meet in order to qualify as a hospital trauma register.   (3) The department shall submit a report to the legislature in accordance with 5-11-210 concerning the effectiveness of the trauma care system established under this part.   (4) This part does not restrict any other provisions of law allowing or requiring a health care facility or health care provider to provide health care services.   History: En. Sec. 4, Ch. 579, L. 1995; amd. Sec. 5, Ch. 171, L. 1997; amd. Sec. 79, Ch. 261, L. 2021. 
  50-6-403. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 5, Ch. 579, L. 1995.  
  50-6-404. Duties of trauma care committee. The trauma care committee provided for in 2-15-2216 shall:   (1) provide recommendations and guidance to the department concerning:   (a) trauma care, including suggestions for changes to the statewide trauma care system;   (b) the implementation of a hospital data collection system; and   (c) the design and implementation of a statewide and regional quality improvement system for trauma care that considers the standards recommended by the American college of surgeons and the joint commission on accreditation of healthcare organizations;   (2) assist the department in conducting statewide quality improvement and peer review functions by regularly analyzing the effect of the statewide trauma care system on patient care, morbidity, and mortality; and   (3) provide recommendations to and oversight and coordination of the activities of the regional trauma care advisory committees.   History: En. Sec. 6, Ch. 579, L. 1995; amd. Sec. 6, Ch. 171, L. 1997.  
  50-6-405 through 50-6-409 reserved.  
  50-6-410. Department designation of trauma facility -- revocation of designation -- appeal. (1) In order to be designated as a trauma facility, a health care facility shall submit to the department an application, on a form specified by the department, that provides the information required by department rule.   (2) Upon receipt of a completed application for designation as a trauma facility, the department shall review the application for compliance with standards adopted by the department for designation of trauma care facilities. If the facility meets the standards adopted by the department, the department shall designate the facility as a trauma care facility, specifying the level of trauma care determined by the department to be appropriate for the facility.   (3) The department may revoke a designation as a trauma care facility if the facility no longer meets the requirements for designation or otherwise violates a department standard required to maintain designation.   (4) The department shall notify the applicant in writing of the department's decision to approve, deny, or revoke a health care facility's designation as a trauma facility.   (5) A health care facility that submitted an application pursuant to subsection (1) may appeal a department decision refusing to designate the facility, a decision designating the facility for a different level of trauma care than requested by the facility, or a decision to revoke a designation as a trauma facility. In order to appeal the decision, the health care facility shall submit a written request for a hearing to the department within 30 days after the facility receives notice of the department's decision. The hearing on the appeal must be conducted pursuant to 2-4-604.   (6) Unless the appellant agrees to an extension of time, the department shall, within 30 days of its decision in an appeal pursuant to subsection (5), serve the appellant with written findings and conclusions that form the basis for the department's decision.   History: En. Sec. 7, Ch. 579, L. 1995.  
  50-6-411. Regional trauma care advisory committees. (1) Each trauma facility designated by the department pursuant to 50-6-410 shall appoint one representative to a regional trauma care advisory committee for the region in which the facility is located.   (2) Members of a regional trauma care advisory committee serve 4-year terms, except that one-half of the members initially appointed shall, as determined by lot, serve 2-year terms. If a vacancy occurs, the appointing authority shall appoint a replacement to fill the unexpired term. Members may be reappointed and may be removed for cause by the appointing authority.   (3) Members of a regional trauma care advisory committee shall elect a presiding officer who shall serve a term of 2 years.   (4) Members of a regional trauma care advisory committee do not receive compensation from the state and may not be reimbursed by the state for their expenses.   (5) Regional trauma care advisory committees have the duties provided in 50-6-412.   History: En. Sec. 8, Ch. 579, L. 1995.  
  50-6-412. Duties of regional trauma care advisory committees. A regional trauma care advisory committee shall:   (1) establish standards, policies, procedures, and protocols for the regional trauma care system;   (2) conduct regional trauma care quality improvement, including receipt of reports prepared by the department containing trauma care data and making recommendations to trauma care facilities within the region based upon those reports;   (3) advise the trauma care committee concerning the statewide trauma care system;   (4) establish trauma education and injury prevention programs;   (5) provide advice concerning trauma care to health care facilities and other providers of health care;   (6) perform other duties required by department rule; and   (7) conduct other activities needed to ensure optimal delivery of trauma care services within the region.   History: En. Sec. 9, Ch. 579, L. 1995.  
  50-6-413 and 50-6-414 reserved.  
  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.   History: En. Sec. 10, Ch. 579, L. 1995.  
  50-6-501. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:   (1) "Automated external defibrillator" or "AED" means a medical device that:   (a) has received approval for marketing from the U.S. food and drug administration;   (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining, without intervention by an operator, whether defibrillation should be performed;   (c) upon determining that defibrillation should be performed, automatically charges and indicates that it is ready to deliver an electrical impulse to an individual's heart; and   (d) may be used by an operator of the device to deliver an electrical impulse to an individual's heart.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Emergency medical service" means an emergency medical service as defined by 50-6-302.   (4) "Entity" means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization.   (5) "Physician" means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3.   (6) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.   History: En. Sec. 2, Ch. 335, L. 1999.  
  50-6-502. AED program -- requirements for AED use. In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:   (1) establish a program for the use of an AED that includes a written plan that complies with this part and rules adopted by the department pursuant to 50-6-503. The plan must specify:   (a) where the AED will be placed;   (b) the individuals who are authorized to operate the AED;   (c) how AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;   (d) the medical oversight that will be provided;   (e) the maintenance that will be performed on the AED;   (f) records that will be kept by the program;   (g) reports that will be made of AED use; and   (h) other matters as specified by the department;   (2) adhere to the written plan required by subsection (1);   (3) ensure that before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED;   (4) 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;   (5) 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 and that the AED use is reported to the department as required by the written plan;   (6) before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:   (a) a copy of the plan prepared pursuant to this section; and   (b) written notice, in a format prescribed by department rules, stating:   (i) that an AED program is established by the entity;   (ii) where the AED is located; and   (iii) how the use of the AED is to be coordinated with the local emergency medical service system; and   (7) comply with this part and rules adopted by the department pursuant to 50-6-503.   History: En. Sec. 3, Ch. 335, L. 1999; amd. Sec. 1, Ch. 291, L. 2007.  
  50-6-503. Rulemaking. (1) The department shall adopt rules specifying the following:   (a) the contents of the written notice required by 50-6-502(6);   (b) reporting requirements for each use of an AED;   (c) the contents of a plan prepared in accordance with 50-6-502 and requirements applicable to the subject matter of the plan;   (d) training requirements in cardiopulmonary resuscitation and AED use for any individual authorized by an AED program plan to use an AED;   (e) guidelines for medical oversight of an AED program;   (f) minimum requirements for a medical protocol for use of an AED;   (g) performance requirements for an AED in order for the AED to be used in an AED program; and   (h) a list of the AED training programs approved by the department.   (2) The department may not adopt rules for any purpose other than those in subsection (1).   History: En. Sec. 4, Ch. 335, L. 1999; amd. Sec. 2, Ch. 291, L. 2007; amd. Sec. 84, Ch. 2, L. 2009.  
  50-6-504. Enforcement -- cessation order -- hearing -- injunction. (1) If the department receives information that an AED is being used in violation of this part or a rule adopted by the department pursuant to 50-6-503, it may send a written order to the entity responsible for use of the AED, as specified in the plan prepared pursuant to 50-6-502, ordering the entity to cease the violation immediately. The order is effective upon receipt by the entity, and the entity shall comply with the terms of the order. If the department receives information that the violation has been corrected, the department may rescind its order by sending a notice to that effect to the entity. The rescission is effective upon its receipt by the entity.  (2) The entity may request a hearing to contest an order issued by the department pursuant to subsection (1) by submitting a written request to the department within 30 days after receipt of the order. A request for a hearing does not stay the enforceability of the department's order. The hearing must be held within 30 days after the department receives the request, unless the hearings officer sets a later date for good cause. The hearing must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.   (3) Either the county attorney for the county in which the violation occurred or the department may bring an action in the district court of the county where the violation occurred to enforce the department's order or to directly enjoin a violation of this part or a rule adopted pursuant to 50-6-503.   History: En. Sec. 5, Ch. 335, L. 1999; amd. Sec. 20, Ch. 535, L. 2021. 
  50-6-505. Liability limitations. (1) An individual who provides emergency care or treatment by using an AED in compliance with this part and rules adopted by the department pursuant to 50-6-503 and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.   (2) The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity:   (a) a person providing medical oversight of the AED program, as designated in the plan prepared pursuant to 50-6-502;   (b) the entity responsible for the AED program, as designated in the plan prepared pursuant to 50-6-502;   (c) an individual providing training to others on the use of an AED.   History: En. Sec. 6, Ch. 335, L. 1999; amd. Sec. 3, Ch. 291, L. 2007.  
  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.   History: En. Sec. 7, Ch. 335, L. 1999; amd. Sec. 25, Ch. 220, L. 2019.  
  50-60-101. Definitions. As used in parts 1 through 4 and 7 of this chapter, unless the context requires otherwise, the following definitions apply:   (1) "Alteration" means any change, addition, or modification in construction or occupancy.   (2) "Building" means a combination of any materials, whether mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by persons or property. The term must be construed as though followed by the words "or part or parts of a building".   (3) (a) "Building regulations" means any law, rule, resolution, regulation, ordinance, or code, general or special, or compilation of laws, rules, resolutions, regulations, ordinances, or codes enacted or adopted by the state or any municipality, including departments, boards, bureaus, commissions, or other agencies of the state or a municipality relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of buildings and installation of equipment in buildings.   (b) The term does not include zoning ordinances.   (4) "City or town" means an incorporated city or town as provided for in Title 7, chapter 2, part 41.   (5) "Code enforcement program" means the plan for enforcement of the building regulations adopted by a municipality or county and includes the local building department and the staff associated with executing any aspect of the program's purposes or functions.   (6) "Construction" means the original construction and equipment of buildings and requirements or standards relating to or affecting materials used, including provisions for safety and sanitary conditions.   (7) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.   (8) "Equipment" means plumbing, heating, electrical, ventilating, air-conditioning, and refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical additions or installations.   (9) (a) "Factory-built building" means a factory-assembled structure or structures equipped with the necessary service connections but not made so as to be readily movable as a unit or units and designed to be used with a permanent foundation.   (b) The term does not include manufactured housing constructed after June 15, 1976, under the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq.   (10) "Local building department" means the agency or agencies of a county, city, or town charged with the administration, supervision, or enforcement of building regulations, the approval of plans, the inspection of buildings, or the issuance of permits, licenses, certificates, and similar documents prescribed or required by state or local building regulations.   (11) "Local legislative body" means the council or commission charged with governing the county, city, or town.   (12) "Owner" means the owner or owners of the premises or lesser estate, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building.   (13) (a) "Primary function area" means an area of a building or facility in which a major activity for which the building or facility is designed is carried out. Primary function areas include but are not limited to a customer service lobby of a savings institution, a cafeteria dining area, and meeting rooms of a conference center.   (b) Areas that are not primary function areas include but are not limited to boiler rooms, storage rooms, employee lounges, janitorial closets, entrances, corridors, and restrooms.   (14) "Public building" means a building or facility owned or operated by a governmental entity or a private sector building or facility that is open to members of the public.   (15) "Public sidewalk" means a sidewalk located in a public right-of-way.   (16) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own mode of power or is mounted on or towed by another vehicle, including but not limited to a:   (a) travel trailer;   (b) camping trailer;   (c) truck camper; or   (d) motor home.   (17) "Site" means a parcel of land bounded by property lines or a designated portion of a public right-of-way.   (18) "State agency" means any state officer, department, board, bureau, commission, or other agency of this state.   (19) "State building code" means the state building code provided for in 50-60-203 or any portion of the code of limited application and any of its modifications or amendments.   History: En. Sec. 2, Ch. 366, L. 1969; amd. Sec. 1, Ch. 226, L. 1974; amd. Sec. 1, Ch. 244, L. 1975; amd. Sec. 1, Ch. 459, L. 1975; amd. Sec. 1, Ch. 504, L. 1977; R.C.M. 1947, 69-2105; amd. Sec. 1, Ch. 315, L. 1979; amd. Sec. 1, Ch. 555, L. 1981; amd. Sec. 1, Ch. 33, L. 1985; amd. Sec. 8, Ch. 140, L. 1985; amd. Sec. 4, Ch. 352, L. 1985; amd. Sec. 229, Ch. 42, L. 1997; amd. Sec. 5, Ch. 331, L. 1997; amd. Sec. 1, Ch. 488, L. 1997; amd. Sec. 167, Ch. 483, L. 2001; amd. Sec. 2, Ch. 546, L. 2001; amd. Sec. 3, Ch. 443, L. 2003.  
  50-60-102. Applicability -- local government energy conservation standards. (1) Except as provided in subsection (5), the state building code, as defined in 50-60-203(3), does not apply to:   (a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size used only for the owner's own use, located within a county, city, or town, unless the local legislative body by ordinance or resolution makes the state building code applicable to these structures;   (b) mines and buildings on mine property regulated under Title 82, chapter 4, and subject to inspection under the Federal Mine Safety and Health Act;   (c) petroleum refineries and pulp and paper mills, except a structure classified under chapter 7, section 701, group B, division 2, and chapter 9, section 901, group H, outside of process units, of the 1991 edition of the Uniform Building Code;   (d) industrial process piping, vessels, and equipment and process-related structures located outside of another structure occupied on a regular basis by employees or the public; or   (e) traffic control signals, street lighting, traffic control signs, and other traffic control devices.   (2) Except as provided in subsection (5), the state may not enforce the state building code under 50-60-205 for the buildings and equipment referred to in subsection (1). A county, city, or town that has made the state building code applicable to the buildings referred to in subsection (1) may enforce within the area of its jurisdiction the state building code as adopted by the county, city, or town.   (3) When good and sufficient cause exists, a written request for limitation of the state building code may be filed with the department for filing as a permanent record.   (4) The department may limit the application of any rule or portion of the state building code to include or exclude:   (a) specified classes or types of buildings according to use or other distinctions as may make differentiation or separate classification or regulation necessary, proper, or desirable; or   (b) specified areas of the state based on size, population density, special conditions prevailing in the area, or other factors that make differentiation or separate classification or regulation necessary, proper, or desirable.   (5) (a) Subject to subsection (6), for purposes of promoting the energy efficiency of home design and operation, the provisions of the state building code relating to energy conservation adopted pursuant to 50-60-203(1) apply to residential buildings, except:   (i) farm and ranch buildings; and   (ii) any private garage or private storage structure attached to a residential building and used only for the owner's own use.   (b) Subject to subsection (6), the provisions of the state building code relating to energy conservation in residential buildings are enforceable:   (i) by the department only for those residential buildings containing five or more dwelling units or otherwise subject to the state building code; and   (ii) through the builder self-certification program provided for in 50-60-802 for those residential buildings containing less than five dwelling units and not otherwise subject to the state building code.   (6) (a) A county, city, or town with a building code enforcement program may, as part of its building code or by town ordinance or resolution, adopt voluntary energy conservation standards for new construction for the purpose of providing incentives to encourage voluntary energy conservation. The incentive-based standards adopted may exceed any applicable energy conservation standards contained in the state building code.   (b) New construction is not required to meet local standards that exceed state energy conservation standards unless the building contractor elects to receive a local incentive.   History: En. Sec. 4, Ch. 366, L. 1969; amd. Sec. 2, Ch. 226, L. 1974; R.C.M. 1947, 69-2107; amd. Sec. 2, Ch. 555, L. 1981; amd. Sec. 1, Ch. 194, L. 1987; amd. Sec. 60, Ch. 83, L. 1989; amd. Sec. 2, Ch. 383, L. 1993; amd. Sec. 1, Ch. 444, L. 1993; amd. Sec. 2, Ch. 488, L. 1997; amd. Sec. 1, Ch. 47, L. 2001; amd. Sec. 4, Ch. 443, L. 2003; amd. Sec. 1, Ch. 300, L. 2009; amd. Sec. 1, Ch. 11, L. 2017.  
  50-60-103. Administration by department. The department shall administer parts 1 through 7 and for that purpose shall:   (1) issue orders necessary to effectuate the purposes of parts 1 through 7 and enforce the orders by all appropriate administrative and judicial proceedings;   (2) enter, inspect, and examine buildings or premises necessary for the proper performance of its duties under parts 1 through 7;   (3) study the operation of the state building code, local building regulations, and other laws related to the construction of buildings to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health and safety;   (4) recommend tests or require the testing and approval of materials, devices, and methods of construction to ascertain their acceptability under the requirements of the state building code and issue certification of the acceptability;   (5) appoint experts, consultants, and technical advisers for assistance and recommendations relative to the formulation and adoption of the state building code;   (6) advise, consult, and cooperate with other agencies of the state, local governments, industries, and interested persons or groups; and   (7) consult with the building codes council, established in 50-60-115, on all rules and interpretations of building code provisions and on the checklist for the examination of single-family dwelling construction plans provided for in 50-60-118.   History: En. Sec. 6, Ch. 366, L. 1969; amd. Sec. 3, Ch. 226, L. 1974; R.C.M. 1947, 69-2109; amd. Sec. 5, Ch. 473, L. 1999; amd. Sec. 1, Ch. 68, L. 2005.  
  50-60-104. Inspection fees. The department shall establish a schedule of fees and may collect fees for the inspection of plans and specifications and for the inspection of buildings, factory-built buildings, or any other facility or structure. The fees must be commensurate with the cost of the inspections and with appropriations for other purposes.   History: En. Sec. 4, Ch. 348, L. 1971; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 4, Ch. 504, L. 1977; R.C.M. 1947, 69-2124(part); amd. Sec. 1, Ch. 240, L. 1997; amd. Sec. 3, Ch. 346, L. 1997; amd. Sec. 1, Ch. 357, L. 1997.  
  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.   History: En. Sec. 8, Ch. 366, L. 1969; amd. Sec. 5, Ch. 226, L. 1974; amd. Sec. 2, Ch. 116, L. 1975; amd. Sec. 17, Ch. 504, L. 1975; amd. Sec. 1, Ch. 173, L. 1977; amd. Sec. 16, Ch. 187, L. 1977; amd. Sec. 2, Ch. 504, L. 1977; R.C.M. 1947, 69-2111(2); amd. Sec. 2, Ch. 68, L. 2005.  
  50-60-106. Powers and duties of counties, cities, and towns. (1) As allowed by Title 50, chapter 60, part 3, the examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings, and the administration and enforcement of building regulations within the limits of a city or town are the responsibility of the city or town. The examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings, and the administration and enforcement of building regulations within the portion of a county that is covered by a county building code enforcement program are the responsibility of the county.   (2) Each county, city, or town certified under 50-60-302 shall, within its jurisdictional area:   (a) examine, approve, or disapprove plans and specifications for the construction of any building, the construction of which is pursuant or purports to be pursuant to the applicable provisions of the state building code or county, city, or town building code, and direct the inspection of the buildings during and in the course of construction;   (b) require that construction of buildings be in accordance with the applicable provisions of the state building code or county, city, or town building code, subject to the powers of variance or modification granted to the department;   (c) make available to building contractors at a price that is commensurate with reproduction costs a checklist devised by the department pursuant to 50-60-118 for single-family dwellings and provide to contractors who attach a completed checklist to the plans submitted for examination the relevant building permit or notice of plan disapproval within 10 working days of the contractor's submission;   (d) during and in the course of construction, order in writing the remedying of any condition found to exist in, on, or about any building that is being constructed in violation of the state building code or county, city, or town building code. Orders may be served upon the owner or the owner's authorized agent personally or by sending by certified mail a copy of the order to the owner or the owner's authorized agent at the address set forth in the application for permission for the construction of the building. A county, city, or town certified pursuant to 50-60-302, by action of its building official, may grant in writing time as may be reasonably necessary for achieving compliance with the order. For the purposes of subsection (2)(a) and this subsection (2)(d), the phrase "during and in the course of construction" refers to the construction of a building until all necessary building permits have been obtained and all work authorized by those permits has been fully approved by the building official having jurisdiction.   (e) issue certificates of occupancy as provided in 50-60-107;   (f) issue permits, licenses, and other required documents in connection with the construction of a building;   (g) ensure that all construction-related fees or charges imposed and collected by the county, city, or town are necessary, reasonable, and uniform and are:   (i) except as provided in subsection (2)(g)(iii), used only for building code enforcement, which consists of those necessary and reasonable costs directly and specifically identifiable for the enforcement of building codes, plus indirect costs charged on the same basis as other local government proprietary funds not paying administrative charges as direct charges. If indirect costs are waived for any local government proprietary fund, they must also be waived for the program established in this section. Indirect charges are limited to the charges that are allowed under federal cost accounting principles that are applicable to a local government.   (ii) reduced if the amount of the fees or charges accumulates above the amount needed to enforce building codes for 12 months. The excess must be placed in a reserve account and may be used only for building code enforcement. Collection and expenditure of fees and charges must be fully documented.   (iii) allocated and remitted to the department, in an amount not to exceed 0.5% of the building fees or charges collected, for the building codes education program established in 50-60-116.   (3) Each county, city, or town with a building code enforcement program that has been certified under 50-60-302 may, within the area of its jurisdiction:   (a) make, amend, and repeal rules for the administration and enforcement of the provisions of this section and for the collection of fees and charges related to construction; and   (b) prohibit the commencement of construction until a permit has been issued by the building code enforcement authority having jurisdiction after a showing of compliance with the requirements of the applicable provisions of the state building code or county, city, or town building code or other county, city, or town ordinance or resolution that pertains to the proposed construction. A county, city, or town subject to this subsection (3) may, as part of its building code or by town ordinance or resolution, adopt voluntary energy conservation standards for new construction for the purpose of providing incentives to encourage voluntary energy conservation. The incentive-based energy conservation standards adopted may exceed any applicable energy conservation standards contained in the state building code. New construction is not required to meet local standards that exceed state energy conservation standards unless the building contractor elects to receive a local incentive.   (4) Each county, city, or town with a building code enforcement program that has been certified under 50-60-302 may perform inspections of buildings that are outside its jurisdictional limits, subject to the following conditions:   (a) The inspections are requested in writing by the owners or builders of the buildings to be inspected.   (b) The inspections are not done in lieu of inspections by another county, city, or town that has jurisdiction over the buildings to be inspected.   (c) (i) The county, city, or town powers of enforcement possessed as a result of building code enforcement certification by the department may not be exercised in conjunction with the requested inspections.   (ii) Similar powers of building code enforcement may not be contractually created or required by the requester and the inspecting jurisdiction.   (5) In situations in which buildings may be annexed into an inspecting city's or town's jurisdiction subsequent to a requested inspection, the city or town may not require owners or builders to have duplicative inspections of those buildings prior to annexation as a condition precedent to receiving any public services or utilities.   History: En. Sec. 14, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; R.C.M. 1947, 69-2117(part); amd. Sec. 3, Ch. 488, L. 1997; amd. Sec. 6, Ch. 473, L. 1999; amd. Sec. 5, Ch. 443, L. 2003; amd. Sec. 1, Ch. 98, L. 2007; amd. Sec. 2, Ch. 300, L. 2009.  
  50-60-107. Certificate of occupancy. (1) A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it.   (2) Every certificate of occupancy, unless and until set aside or vacated by a court of competent jurisdiction, is binding and conclusive upon all county, city, or town agencies as to all matters set forth, and an order, directive, or requirement at variance with the certificate of occupancy may not be made or issued by any other state agency or county, city, or town agency.   History: En. Sec. 14, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; R.C.M. 1947, 69-2117(part); amd. Sec. 6, Ch. 443, L. 2003.  
  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.   History: En. Sec. 10, Ch. 366, L. 1969; amd. Sec. 6, Ch. 226, L. 1974; R.C.M. 1947, 69-2113.  
  50-60-109. Injunctions authorized. (1) The construction or use of the building in violation of any provision of the state building, plumbing, elevator, or electrical code or county, city, or town building code or of any lawful order of a state building official or a local building department may be enjoined by a judge of the district court in the judicial district in which the building is located.   (2) This section is governed by the Montana Rules of Civil Procedure.   History: En. Sec. 15, Ch. 366, L. 1969; R.C.M. 1947, 69-2118; amd. Sec. 7, Ch. 443, L. 2003; amd. Sec. 3, Ch. 68, L. 2005.  
  50-60-110. Violation a misdemeanor. Any person served with an order pursuant to the provisions of parts 1 through 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, their agents, or any person taking part or assisting in the construction or use of any building who knowingly violates any of the applicable provisions of the state building, plumbing, elevator, or electrical code or county, city, or town building code is guilty of a misdemeanor.   History: En. Sec. 16, Ch. 366, L. 1969; amd. Sec. 8, Ch. 226, L. 1974; R.C.M. 1947, 69-2119; amd. Sec. 8, Ch. 443, L. 2003; amd. Sec. 4, Ch. 68, L. 2005.  
  50-60-111 through 50-60-114 reserved.  
  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 12 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; and   (l) a representative of the home building industry.   (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.   History: En. Sec. 1, Ch. 473, L. 1999; amd. Sec. 9, Ch. 443, L. 2003; amd. Sec. 23, Ch. 303, L. 2005; amd. Sec. 48, Ch. 44, L. 2007.  
  50-60-116. Continuing education -- funding support from building fees -- special account. (1) There is a building codes education program administered by the department for the purpose of providing continuing education in building code standards and other related topics to interested persons in the construction industry and in regulatory agencies of state and local government.   (2) The building codes education program must be funded entirely from building fee revenue collected by the department, and the department shall allocate 0.5% of the fees that the department collects pursuant to 50-60-104 to the state special revenue account established in subsection (3) to pay the costs of conducting courses and seminars at multiple locations in the state.   (3) There is an account in the state special revenue fund for the purpose of paying the costs of the building codes education program.   (4) The department may expend the funds referred to in subsection (2) to contract with the cooperative extension service, the extended studies programs, other appropriate units of the Montana university system, or private sector entities to develop and conduct the building codes education program.   History: En. Sec. 2, Ch. 473, L. 1999.  
  50-60-117. Building code interpretations -- central registry. (1) The department shall, in cooperation with the Montana chapter of the international conference of building officials, develop a process and procedure for:   (a) achieving, to the greatest extent possible, knowledge and acceptance of the department's interpretations by affected parties;   (b) publishing the department's interpretations of building code provisions in a manner that makes the interpretations easily accessible to and obtainable by the public by paper copy and by electronic means; and   (c) maintaining in a central registry easily accessed records of the published interpretations provided for in subsection (1)(b).   (2) The department shall provide to the building codes council, established in 50-60-115, a comprehensive and up-to-date file of the department's interpretations of all building codes in use in Montana.   History: En. Sec. 3, Ch. 473, L. 1999.  
  50-60-118. Examination of single-family dwelling plans -- statewide approval for model plans -- fee adjustments -- mandatory checklist. (1) The department shall accept for examination and approval or disapproval all model construction plans for single-family dwellings submitted to the department.   (2) Once a model construction plan has been approved, the department shall indicate in writing on the approved plan that the plan is acceptable on a statewide basis and that no further examination is warranted except with respect to:   (a) zoning;   (b) footings, foundations, and basements;   (c) curbs;   (d) gutters;   (e) landscaping;   (f) utility connections;   (g) street requirements;   (h) sidewalks; and   (i) other requirements specifically related to the exterior of the building.   (3) Local building departments shall reduce plan examination fees commensurate with the reduced time and effort expended resulting from the department's examination provided for in subsection (1).   (4) This section may not be construed to reduce the requirements for obtaining permits for onsite inspection of the residence under construction pursuant to 50-60-106.   (5) (a) The department shall devise a checklist for the examination of single-family dwelling construction plans by the department and by the building code enforcement officials of counties, cities, and towns.   (b) The checklist must be based upon the most recently adopted edition of the council of American building officials One and Two Family Dwelling Code, as amended.   (c) The checklist is subject to review and amendment by the building codes council provided for in 50-60-115.   (d) The checklist must be made available to building contractors at a price that is commensurate with reproduction costs, and a building contractor who uses the checklist and attaches it to the plans that the contractor submits to the department or a county, city, or town for examination is entitled to receive the relevant building permit or notice of disapproval within 10 days of submission of the completed checklist.   History: En. Sec. 4, Ch. 473, L. 1999; amd. Sec. 10, Ch. 443, L. 2003.  
  50-60-201. Purpose of state building code. The state building code must be designed to effectuate the general purposes of parts 1 through 4 and the following specific objectives and standards to:   (1) provide reasonably uniform standards and requirements for construction and construction materials consistent with accepted standards of design, engineering, and fire prevention practices;   (2) permit to the fullest extent feasible the use of modern technical methods, devices, and improvements that tend to reduce the cost of construction consistent with reasonable requirements for the health and safety of the occupants or users of buildings and, consistent with the conservation of energy, by design requirements and criteria that will result in the efficient use of energy, whether used directly or in a refined form, in buildings;   (3) eliminate restrictive, obsolete, conflicting, and unnecessary building regulations and requirements that tend to unnecessarily increase construction costs, unnecessarily prevent the use of proven new materials that have been found adequate through experience or testing, or provide unwarranted preferential treatment to types or classes of materials, products, or methods of construction;   (4) ensure that any newly constructed public buildings and certain altered public buildings are readily accessible to and usable by persons with disabilities, according to the principles applicable to accessibility to public buildings for persons with disabilities in the state building code;   (5) ensure statewide uniformity in the inspection and enforcement of exterior features of all newly constructed public buildings and certain altered public buildings, including building sites, for physical accessibility to people with disabilities;   (6) encourage efficiencies of design and insulation that enable buildings to be heated in the winter with the least possible quantities of energy and to be kept cool in the summer without air-conditioning equipment or with the least possible use of the equipment;   (7) encourage efficiencies and criteria directed toward design of building envelopes with high thermal resistance and low air leakage and toward requiring practices in the design and selection of mechanical, electrical, and illumination systems that promote the efficient use of energy;   (8) provide, to the greatest extent possible, with the advice and consent of the building codes council and the Montana chapter of the international conference of building officials, a broadly uniform system of building code interpretations for the purposes of predictability, fairness, and efficiency.   History: En. Sec. 7, Ch. 366, L. 1969; amd. Sec. 4, Ch. 226, L. 1974; amd. Sec. 1, Ch. 116, L. 1975; R.C.M. 1947, 69-2110; amd. Sec. 1, Ch. 65, L. 1985; amd. Sec. 6, Ch. 331, L. 1997; amd. Sec. 48, Ch. 472, L. 1997; amd. Sec. 7, Ch. 473, L. 1999.  
  50-60-202. Department to be sole state agency to promulgate building regulations -- exception. The department is the only state agency that may promulgate building regulations as defined in 50-60-101, except the department of justice may promulgate regulations relating to use of buildings and installation of equipment. The state fire prevention and investigation section of the department of justice shall review building plans and regulations for conformity with rules promulgated by the department.   History: En. 69-2125 by Sec. 13, Ch. 504, L. 1977; R.C.M. 1947, 69-2125; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 20, Ch. 449, L. 2007.  
  50-60-203. Department to adopt state building code by rule. (1) (a) The department shall adopt rules relating to the construction of, the installation of equipment in, and standards for materials to be used in all buildings or classes of buildings, including provisions dealing with safety, accessibility to persons with disabilities, sanitation, and conservation of energy. The adoption, amendment, or repeal of a rule is of significant public interest for purposes of 2-3-103.  (b) Rules concerning the conservation of energy must conform to the policy established in 50-60-801 and to relevant policies developed under the provisions of Title 90, chapter 4, part 10.   (2) The department may adopt by reference nationally recognized building codes in whole or in part, except as provided in subsection (5), and may adopt rules more stringent than those contained in national codes.   (3) The rules, when adopted as provided in parts 1 through 4, constitute the "state building code" and are acceptable for the buildings to which they are applicable.   (4) The department shall adopt rules that permit the installation of below-grade liquefied petroleum gas-burning appliances.   (5) The department may not include in the state building code a requirement for the installation of a fire sprinkler system in a single-family dwelling or a residential building that contains no more than two dwelling units.   (6) (a) The department shall, by rule, adopt by reference the most recently published edition of the national fire protection association's publication NFPA 99C for the installation of medical gas piping systems. The department may, by rule, issue plumbing permits for medical gas piping systems and require inspections of medical gas piping systems.   (b) A state, county, city, or town building code compliance officer shall, as part of any inspection, request proof of a medical gas piping installation endorsement from any person who is required to hold an endorsement or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board of plumbers.   History: En. Sec. 8, Ch. 366, L. 1969; amd. Sec. 5, Ch. 226, L. 1974; amd. Sec. 2, Ch. 116, L. 1975; amd. Sec. 17, Ch. 504, L. 1975; amd. Sec. 1, Ch. 173, L. 1977; amd. Sec. 16, Ch. 187, L. 1977; amd. Sec. 2, Ch. 504, L. 1977; R.C.M. 1947, 69-2111(part); amd. Sec. 1, Ch. 350, L. 1991; amd. Sec. 3, Ch. 383, L. 1993; amd. Sec. 1, Ch. 140, L. 1997; amd. Sec. 7, Ch. 331, L. 1997; amd. Sec. 4, Ch. 488, L. 1997; amd. Sec. 1, Ch. 486, L. 1999; amd. Sec. 62, Ch. 130, L. 2005; amd. Sec. 1, Ch. 273, L. 2021. 
  50-60-204. Public hearing required -- effective date of certain rules. (1) Except as provided in subsection (2), a rule, amendment, or repeal of the state building code is a matter of significant public interest for purposes of 2-3-103 and may not take effect until after a public hearing by the department.   (2) If a hearing with adequate public notice pursuant to 2-3-103 has been held by the department of justice with respect to the duties contained in chapter 3 of this title or by the board of plumbers, the department of public health and human services, or the state electrical board on a proposed rule relating to building and equipment standards in their respective fields, a public hearing by the department is not required. The proposed rule is effective upon approval of the department and filing with the secretary of state as a part of the state building code.   History: En. Sec. 8, Ch. 366, L. 1969; amd. Sec. 5, Ch. 226, L. 1974; amd. Sec. 2, Ch. 116, L. 1975; amd. Sec. 17, Ch. 504, L. 1975; amd. Sec. 1, Ch. 173, L. 1977; amd. Sec. 16, Ch. 187, L. 1977; amd. Sec. 2, Ch. 504, L. 1977; R.C.M. 1947, 69-2111(part); amd. Sec. 17, Ch. 546, L. 1979; amd. Sec. 173, Ch. 575, L. 1981; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 140, Ch. 418, L. 1995; amd. Sec. 319, Ch. 546, L. 1995; amd. Sec. 5, Ch. 488, L. 1997.  
  50-60-205. When state building code applies -- health care facility and public health center doors. (1) If a county, city, or town does not adopt a building code as provided in 50-60-301, the state building code applies within the county, city, or town and the state will enforce the code in these areas.   (2) Any provision of a building code requiring the installation or maintenance of self-closing or automatic closing corridor doors to patient rooms does not apply to health care facilities as defined in 50-5-101 or to a public health center as defined in 7-34-2102.   History: En. Sec. 9, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 3, Ch. 504, L. 1977; R.C.M. 1947, 69-2112(2); amd. Sec. 1, Ch. 168, L. 1983; amd. Sec. 14, Ch. 93, L. 1997; amd. Sec. 11, Ch. 443, L. 2003.  
  50-60-206. Variances to state building code. (1) The department has the power, on satisfactory proof after a public hearing, to:   (a) vary or modify, in whole or part, the application of any provision or requirement of the state building code if strict compliance would cause any undue hardship; but no variance or modification shall affect adversely provisions for health, safety, and security, and equally safe and proper alternatives may be prescribed therefor;   (b) reverse, modify, or annul, in whole or part, any ruling, direction, determination, or order of any state agency affecting or relating to the construction of any building, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code;   (c) review within 30 days after disapproval any application for permission for the construction of a building pursuant to the provisions of the state building code or plans or specifications submitted in connection therewith;   (d) reverse, modify, or annul the disapproval in whole or part;   (e) within 30 days make a determination that the application or plans or specifications are in compliance with the provisions of the state building code. If this determination is made, the officer charged with the duty shall issue any permit, license, certificate, authorization, or other document required for the construction.   (2) An application for a variance, modification, reversal, annulment, or review may be made by any person aggrieved pursuant to the Montana Administrative Procedure Act.   (3) An application for a variance, modification, reversal, annulment, or review shall stay all proceedings in furtherance of the action appealed from unless there is a showing by the state agency that a stay would involve imminent peril to life or property.   (4) The department, in hearings conducted under this section, shall not be bound by common-law or statutory rules of evidence.   History: En. Sec. 11, Ch. 366, L. 1969; amd. Sec. 7, Ch. 226, L. 1974; R.C.M. 1947, 69-2114.  
  50-60-207 through 50-60-210 reserved.  
  50-60-211. Inspections. (1) The construction of a public building or alteration to a primary function area of a public building must be inspected for physical accessibility to persons with disabilities.   (2) The inspection must include the building site, including applicable exterior features, such as parking areas, passenger loading zones, private sidewalks, and the accessibility from adjacent public sidewalks, public streets, and public transportation stops.   (3) (a) The inspections must be completed by state building inspectors in areas not covered by a county, city, or town building code.   (b) (i) Counties, cities, and towns that have adopted a building code may assign appropriately trained personnel to perform site inspections conducted pursuant to this part.   (ii) Counties, cities, and towns conducting inspections pursuant to this section must have an enforcement mechanism in place to ensure compliance with the accessibility provisions of this part, including but not limited to denying building permits or certificates of occupancy, injunctions, or other civil enforcement procedures allowed by law.   (4) Existing public buildings that are not undergoing an alteration to a primary function area are not subject to the inspection provisions of this section.   History: En. Sec. 1, Ch. 331, L. 1997; amd. Sec. 12, Ch. 443, L. 2003.  
  50-60-212. Disclaimer. A building permit or certificate of occupancy issued by the state or by a county, city, or town must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not necessarily guarantee compliance with the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, Title 49, chapter 2, commonly known as the Montana Human Rights Act, or other similar federal, state, or local laws that mandate accessibility to commercial construction or multifamily housing."   History: En. Sec. 2, Ch. 331, L. 1997; amd. Sec. 13, Ch. 443, L. 2003.  
  50-60-213. Accessible exterior routes -- exceptions. (1) Except as provided in subsection (6), for a public building, an accessible exterior route must be provided from public transportation stops located within the boundary of the building site, from accessible parking and accessible passenger loading zones within the boundaries of the building site, and from public sidewalks that are immediately adjacent to the building site, if sidewalks exist, to the building's accessible entrance served by the transportation stops, parking and loading zones, or sidewalks.   (2) (a) When more than one public building is located on a site, at least one accessible exterior route must connect accessible elements, facilities, and buildings that are on the site.   (b) For the purposes of 50-60-214 and this section, "element" means an architectural or mechanical component of a public building, facility, space, or site and includes but is not limited to telephones, curb ramps, doors, drinking fountains, seating, and water closets.   (3) An accessible exterior route between accessible public parking and an accessible building entrance must be the most practical direct route.   (4) (a) A person or entity constructing a public building is not required to fully comply with the provisions of this section if the person can demonstrate that due to characteristics of the terrain, it is structurally impractical to fully comply.   (b) Full compliance may be considered structurally impractical only in those rare circumstances when the unique characteristics of the terrain prevent the incorporation of accessibility features.   (c) The person or entity shall comply with the provisions of this section to the extent that compliance is not structurally impractical.   (d) The department shall adopt rules to assist all interested parties involved in the design, construction, and inspection processes in determining structural impracticality.   (5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.   (b) An accessible exterior route with a suitably firm, stable, and slip-resistant surface must be provided from the designated parking spaces to an accessible building or facility entrance.   (c) The total number of designated accessible parking spaces in a parking lot or area must be the number provided for in the applicable state building code or county, city, or town building code.   (6) An accessible route is not required in cases where there is not a pedestrian route for the general public.   (7) The state, counties, cities, and towns shall use the same accessibility standards.   History: En. Sec. 3, Ch. 331, L. 1997; amd. Sec. 14, Ch. 443, L. 2003.  
  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 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).   History: En. Sec. 4, Ch. 331, L. 1997.  
  50-60-301. County, city, and town building codes authorized -- health care facility and public health center doors -- fee adjustment for model plans. (1) The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate:   (a) adopting a building code; or   (b) authorizing the adoption of a building code by administrative action.   (2) (a) Except as provided in subsection (2)(b), a county, city, or town building code may include only codes adopted by the department.   (b) A county, city, or town may, as part of its building code or by town ordinance or resolution, adopt voluntary energy conservation standards for new construction for the purpose of providing incentives to encourage voluntary energy conservation. The incentive-based energy conservation standards adopted may exceed any applicable energy conservation standards contained in the state building code. New construction is not required to meet local standards that exceed state energy conservation standards unless the building contractor elects to receive a local incentive.   (3) Any provision of a building code requiring the installation or maintenance of self-closing or automatic closing corridor doors to patient rooms does not apply to health care facilities, as defined in 50-5-101, or to a public health center, as defined in 7-34-2102.   (4) (a) When the same single-family dwelling plan is constructed at more than one site, the county, city, or town shall, after the first examination of the plan, adjust the required plan fee to reflect only the cost of reviewing requirements pertaining to the review of:   (i) zoning;   (ii) footings, foundations, and basements;   (iii) curbs;   (iv) gutters;   (v) landscaping;   (vi) utility connections;   (vii) street requirements;   (viii) sidewalks; and   (ix) other requirements related specifically to the exterior of the building.   (b) If a building contractor alters the single-family dwelling plan referred to in subsection (4)(a) in a fashion that substantially affects the building code requirements, the county, city, or town may impose the full examination fee permitted under 50-60-106.   History: En. Sec. 9, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 3, Ch. 504, L. 1977; R.C.M. 1947, 69-2112(1); (3) En. Sec. 1, Ch. 168, L. 1983; amd. Sec. 15, Ch. 93, L. 1997; amd. Sec. 8, Ch. 473, L. 1999; amd. Sec. 1, Ch. 150, L. 2001; amd. Sec. 15, Ch. 443, L. 2003; amd. Sec. 3, Ch. 300, L. 2009.  
  50-60-302. Certification of county, city, or town building codes. (1) A county, city, or town may not enforce a building code unless:   (a) the code enforcement program has been certified by the department as in compliance with applicable statutes and department certification rules;   (b) the current adopted code, a current list of fees to be imposed, and a current plan for enforcement of the code have been filed with and approved by the department; and   (c) all inspectors inspecting or approving any installations, which if accomplished commercially require state licensure, must themselves be properly and currently state-licensed as journeymen in that craft or occupation or be certified by a nationally recognized entity for testing and certification of inspectors that is approved by the department before being permitted to inspect or approve any installations.   (2) The department shall adopt additional rules and standards governing the certification of county, city, and town building code enforcement programs that must include provisions for prompt revocation of certification for refusal or failure to comply with any applicable statute or rule. The department may allow a county, city, or town a reasonable amount of time, not to exceed 6 months, to correct identified code enforcement program deficiencies, unless the deficiencies constitute an immediate threat to the public health, safety, or welfare, in which case the department may require immediate correction. Failure to correct deficiencies within the time set by the department constitutes a basis for immediate decertification of the code enforcement program. Continued operation of a county, city, or town code enforcement program in violation of a department order to correct deficiencies may be enjoined or subject to a writ of mandamus by a judge of the district court in the jurisdiction in which the county, city, or town is located. The rules and standards must include provisions for the department to ensure that all code enforcement program functions are being properly performed.   (3) If the certification of any local government code enforcement program is revoked for any violation or deficiency, the state resumes its original jurisdiction for state building code enforcement within the county, city, or town area and the local government retains the responsibility for completion of inspections and issuance of certificates of occupancy on any incomplete construction projects previously permitted by the county, city, or town, unless the reason for the decertification is directly related to the protection of health, safety, and welfare of the public.   (4) If a county, city, or town voluntarily decertifies its code enforcement program, the department must be given written notification of the intended decertification at least 90 days prior to the date of decertification. The county, city, or town retains the responsibility for completion of inspections and issuance of certificates of occupancy on any incomplete construction projects permitted by the county, city, or town prior to decertifying its code enforcement program.   History: En. Sec. 9, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 3, Ch. 504, L. 1977; R.C.M. 1947, 69-2112(3), (4); amd. Sec. 6, Ch. 488, L. 1997; amd. Sec. 58, Ch. 278, L. 2001; amd. Sec. 16, Ch. 443, L. 2003.  
  50-60-303. County, city, or town appeal procedure. (1) If a county, city, or town adopts a building code, it shall also establish an appeal procedure by ordinance or resolution, as appropriate, that is acceptable to the department.   (2) If a county, city, or town does not adopt a code, appeals on the application of the state building code within the county, city, or town must be made to the department.   History: En. Sec. 13, Ch. 366, L. 1969; amd. Sec. 11, Ch. 226, L. 1974; R.C.M. 1947, 69-2116; amd. Sec. 3, Ch. 546, L. 2001; amd. Sec. 17, Ch. 443, L. 2003.  
  50-60-304. Area of applicability of county, city, or town building code -- enforcement. (1) A city or town that adopts a building code under this chapter may enforce its building code only within the incorporated limits of the city or town.   (2) A county may adopt a building code under this chapter on a countywide basis unless a city or town within the county has adopted a building code. If a city or town within the county has adopted a building code, then the county may not enforce the county building code in that city or town.   (3) A county, city, or town may contract for the enforcement of its building code.   History: En. Sec. 24, Ch. 443, L. 2003.  
  50-60-305 through 50-60-309 reserved.  
  50-60-310. Repealed. Sec. 26, Ch. 443, L. 2003.   History: En. Sec. 4, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.  
  50-60-311. Repealed. Sec. 26, Ch. 443, L. 2003.   History: En. Sec. 5, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.  
  50-60-312. Repealed. Sec. 26, Ch. 443, L. 2003.   History: En. Sec. 6, Ch. 546, L. 2001.  
  50-60-313. Repealed. Sec. 26, Ch. 443, L. 2003.   History: En. Sec. 7, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.  
  50-60-314. Repealed. Sec. 26, Ch. 443, L. 2003.   History: En. Sec. 8, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.  
  50-60-401. Department to adopt rules for factory-built buildings. The department may adopt by reference nationally recognized construction standards, in whole or in part, for the construction of factory-built buildings, but this does not prevent the department from adopting rules more stringent than those contained in the national standards.   History: En. Sec. 2, Ch. 348, L. 1971; amd. Sec. 9, Ch. 226, L. 1974; R.C.M. 1947, 69-2122; amd. Sec. 2, Ch. 33, L. 1985; amd. Sec. 2, Ch. 240, L. 1997.  
  50-60-402. Factory-built buildings and recreational vehicles to comply with standards. (1) A person, firm, or corporation may not manufacture, sell, or offer for sale any new factory-built building unless the factory-built building and its components, systems, and appliances have been constructed and assembled in accordance with the standards defined in this part.   (2) A factory-built building that has been approved by the department is considered to be in full compliance with the standards and rules prescribed in parts 1 through 4.   (3) All factory-built buildings approved by the department are acceptable as meeting the requirements of parts 1 through 4 throughout the state of Montana without further inspection or fees except for zoning, utility connections, and foundation permits required by local ordinance.   (4) A person, firm, or corporation may not manufacture, sell, or offer for sale a new recreational vehicle unless the vehicle has been constructed and assembled in accordance with the American national standards institute ANSI/A119.2 standard for recreational vehicles. The department is not responsible for enforcing the compliance of recreational vehicles with the ANSI/A119.2 standard as part of the state building code.   History: En. Sec. 3, Ch. 348, L. 1971; amd. Sec. 10, Ch. 226, L. 1974; amd. Sec. 2, Ch. 459, L. 1975; R.C.M. 1947, 69-2123; amd. Sec. 3, Ch. 33, L. 1985; amd. Sec. 3, Ch. 240, L. 1997.  
  50-60-403. Use of independent testing laboratories authorized. The department may use independent testing laboratories or the agencies of other states to determine if approved models of factory-built buildings are being constructed in accordance with the approved plans and specifications for those models.   History: En. Sec. 4, Ch. 348, L. 1971; amd. Sec. 11, Ch. 226, L. 1974; amd. Sec. 4, Ch. 504, L. 1977; R.C.M. 1947, 69-2124(part); amd. Sec. 4, Ch. 240, L. 1997.  
  50-60-404. Enforcement of building construction standards for modular homes. (1) The provisions of this chapter apply to factory-built modular or prebuilt homes or buildings.   (2) A county, city, or town may regulate the construction of factory-built modular or prebuilt homes or buildings as provided in 50-60-106 if:   (a) the homes or buildings are constructed inside the jurisdiction of the county, city, or town;   (b) the homes or buildings are sold primarily to persons in the county in which the factory is located;   (c) the factory does not manufacture more than 100 homes or buildings a year; and   (d) the county, city, or town has an agency or officer assigned to inspect and enforce building construction standards.   (3) Inspection and enforcement approval given by a county, city, or town under this section may be recognized and accepted by any other county, city, or town of the state to which the factory-built home or building is transported for final installation. Additional inspections need not be conducted.   History: En. Sec. 1, Ch. 440, L. 1979; amd. Sec. 18, Ch. 443, L. 2003.  
  50-60-501. Declaration of public interest. It is hereby declared that the public health and welfare require that minimum standards for the planning, installing, altering, extending, repairing, and maintaining of plumbing systems be established for the protection of the people of the state.   History: En. Sec. 1, Ch. 251, L. 1959; R.C.M. 1947, 66-2412.  
  50-60-502. No penalties for hiring unlicensed plumbers. This part may not be construed as imposing any penalty on a person for hiring or contracting with an unlicensed person to do work in the field of plumbing. However, a person who engages in the field of plumbing at a time when the person is not duly licensed is subject to the penalties imposed by this part and Title 37, chapter 69.   History: En. Sec. 4, Ch. 251, L. 1959; amd. Sec. 8, Ch. 497, L. 1975; R.C.M. 1947, 66-2415; amd. Sec. 1861, Ch. 56, L. 2009.  
  50-60-503. Exceptions. This part shall not be construed to apply to or to affect plumbing installations in any mines, mills, smelters, refineries, public utilities, railroads, or plumbing installations on farms having their own individual water supply or sewage disposal system.   History: En. Sec. 15, Ch. 251, L. 1959; amd. Sec. 1, Ch. 44, L. 1973; amd. Sec. 12, Ch. 497, L. 1975; R.C.M. 1947, 66-2426.  
  50-60-504. Department to prescribe minimum standards. The department of labor and industry shall by rule prescribe minimum standards that are uniform for all plumbing installations or maintenance, except those that are exempt under 50-60-503.   History: En. Sec. 5, Ch. 251, L. 1959; amd. Sec. 18, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 236, Ch. 350, L. 1974; amd. Sec. 9, Ch. 497, L. 1975; amd. Sec. 5, Ch. 504, L. 1977; R.C.M. 1947, 66-2416; amd. Sec. 5, Ch. 352, L. 1985; amd. Sec. 168, Ch. 483, L. 2001.  
  50-60-505. Permit required. (1) It is unlawful for any person to engage in the business, trade, or work of installing, removing, altering, or repairing plumbing and drainage systems or parts of plumbing and drainage systems without first obtaining a permit from the department of labor and industry.   (2) A separate permit must be obtained for each building or structure.   (3) A person may not allow any other person to do or cause to be done any work under a permit secured by the permittee except persons in the permittee's employ.   (4) When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to the connection is included in the permit.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(part); amd. Sec. 6, Ch. 352, L. 1985; amd. Sec. 169, Ch. 483, L. 2001.  
  50-60-506. Exceptions to permit requirement. (1) A permit is not required for any minor replacement or repair work, the performance of which does not have a significant potential for creating a condition hazardous to public health and safety.   (2) A permit is not required where the installation is exempt under the provisions of 37-69-102 or 50-60-503.   (3) A state permit is not required whenever the installation occurs in an area governed by a county, city, or town and where there is in effect a county, city, or town building code that covers plumbing installations and that provides inspection procedures.   (4) This part does not prohibit the owner of residential property from making an installation for all sanitary plumbing and potable water supply piping without a permit if the owner personally does the work.   (5) The provisions of this part do not apply to regularly employed maintenance personnel doing maintenance work on the business premises of their employer unless the work is subject to the permit provisions of this part.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(2); amd. Sec. 19, Ch. 443, L. 2003.  
  50-60-507. Application for and issuance of permit. (1) A person required to apply for a permit shall apply on a form provided by the department of labor and industry or its authorized representative. The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy, and use of the premises in connection with the work.   (2) The department or its authorized representative may require sketches, specifications, or drawings and other information it considers necessary in order to determine the scope of the work contemplated.   (3) If the department determines that the sketches, specifications, drawings, descriptions, and information furnished by the applicant are in compliance with the state plumbing code, it shall issue the permit applied for upon payment of the required fee as established by the department.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(3); amd. Sec. 7, Ch. 352, L. 1985; amd. Sec. 170, Ch. 483, L. 2001.  
  50-60-508. Permit fees. (1) The department of labor and industry shall establish permit fees in accordance with the Montana Administrative Procedure Act, and the fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part and the Montana state plumbing code and for other purposes as established by law.   (2) For the purpose of 50-60-505 through 50-60-513, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached must be construed to be a fixture. Fees for reconnection and retest of plumbing systems in relocated buildings must be based on the number of plumbing fixtures, gas systems, water heaters, and the like involved. The fees established pursuant to this section must be commensurate with the costs of the administration and enforcement of this part and with appropriations for other purposes.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(part); amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 352, L. 1985; amd. Sec. 3, Ch. 11, Sp. L. July 1992; amd. Sec. 2, Ch. 357, L. 1997; amd. Sec. 171, Ch. 483, L. 2001.  
  50-60-509. Person commencing work without a permit to pay double the permit fee -- exception. A person who commences any work for which a permit is required without first obtaining a permit shall, if subsequently allowed to obtain a permit, pay double the permit fee for the work, except that this provision does not apply to emergency work when it is proved to the satisfaction of the department of labor and industry or its authorized representative that the work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all emergency cases, a permit must be obtained as soon as it is practical to do so, and if there is unreasonable delay in applying for the permit, a double fee must be charged.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(part); amd. Sec. 9, Ch. 352, L. 1985; amd. Sec. 172, Ch. 483, L. 2001.  
  50-60-510. Inspections to ensure compliance. All plumbing and drainage systems may be inspected by the department of labor and industry or an authorized representative or by a county, city, or town certified to perform an inspection pursuant to 50-60-302 in order to ensure compliance with the requirements of the state plumbing code. As part of any inspection, the inspector shall request proof of licensure from any person who is required to be licensed who is involved with or, in the inspector's judgment, appears to be involved with plumbing activities if the person is on the site. The inspector shall report any instance of license violation to the inspector's employing agency, and the employing agency shall in turn report the violation to the board of plumbers.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(5); amd. Sec. 10, Ch. 352, L. 1985; amd. Sec. 1, Ch. 379, L. 1997; amd. Sec. 173, Ch. 483, L. 2001; amd. Sec. 20, Ch. 443, L. 2003.  
  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.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(6); amd. Sec. 11, Ch. 352, L. 1985; amd. Sec. 174, Ch. 483, L. 2001.  
  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.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(7); amd. Sec. 12, Ch. 352, L. 1985; amd. Sec. 175, Ch. 483, L. 2001.  
  50-60-513. Suspension or revocation of permit. The department of labor and industry may suspend or revoke a permit whenever it is issued in error or on the basis of incorrect information supplied or whenever work performed under the permit is in violation of any of the provisions of Title 37, chapter 69 or this part.   History: En. Sec. 1, Ch. 236, L. 1967; amd. Sec. 240, Ch. 350, L. 1974; amd. Sec. 1, Ch. 446, L. 1975; amd. Sec. 1, Ch. 226, L. 1977; amd. Sec. 7, Ch. 504, L. 1977; R.C.M. 1947, 66-2427(8); amd. Sec. 13, Ch. 352, L. 1985; amd. Sec. 176, Ch. 483, L. 2001.  
  50-60-514. District court -- jurisdiction -- restraining orders. The district court of any county has jurisdiction in equity, on application of the department of labor and industry, to restrain from connection any new plumbing installations on finding, after a hearing, that the plumbing is inferior to the standards of the state plumbing code.   History: En. Sec. 6, Ch. 251, L. 1959; amd. Sec. 237, Ch. 350, L. 1974; amd. Sec. 6, Ch. 504, L. 1977; R.C.M. 1947, 66-2417; amd. Sec. 14, Ch. 352, L. 1985; amd. Sec. 177, Ch. 483, L. 2001.  
  50-60-515. Penalty for violations -- exceptions. A person who works in the field of plumbing or maintains or conducts a plumbing business or an individual who connects or disconnects plumbing from a public water or sewer system in violation of any provisions of this part or at a time when the person is not exempt from the provisions of this part pursuant to the provisions of a duly enacted and subsisting ordinance of a city or town is guilty of a misdemeanor and, upon conviction in any court of competent jurisdiction, shall be punished by a fine of not less than $10 and not more than $100 for each separate offense. However, this part may not be construed to apply to or affect plumbing or pipefitting as indicated in the exceptions under 37-69-102 and 50-60-503.   History: En. Sec. 11, Ch. 203, L. 1949; amd. Sec. 4, Ch. 185, L. 1961; amd. Sec. 7, Ch. 497, L. 1975; amd. Sec. 23, Ch. 101, L. 1977; R.C.M. 1947, 66-2411; amd. Sec. 1862, Ch. 56, L. 2009.  
  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.   History: En. Sec. 2, Ch. 148, L. 1965; amd. Sec. 19, Ch. 366, L. 1969; amd. Sec. 1, Ch. 425, L. 1973; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 269, Ch. 350, L. 1974; amd. Sec. 8, Ch. 504, L. 1977; R.C.M. 1947, 66-2802(part).  
  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.   History: En. Sec. 12, Ch. 148, L. 1965; amd. Sec. 1, Ch. 423, L. 1973; amd. Sec. 1, Ch. 269, L. 1975; R.C.M. 1947, 66-2812(part); amd. Sec. 2, Ch. 444, L. 1993; amd. Sec. 2, Ch. 47, L. 2001.  
  50-60-603. Electrical codes to be adopted by department by rule. (1) The department of labor and industry shall adopt rules relating to the installation of wires and equipment to convey electrical current and installations of apparatus to be operated by current, except as provided in 50-60-602.   (2) The department may adopt by reference the national fire protection association standard NFPA 70, national electrical code, in whole or in part, and may adopt rules more stringent than those in the national fire protection association standard NFPA 70, national electrical code.   History: En. Sec. 2, Ch. 148, L. 1965; amd. Sec. 19, Ch. 366, L. 1969; amd. Sec. 1, Ch. 425, L. 1973; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 269, Ch. 350, L. 1974; amd. Sec. 8, Ch. 504, L. 1977; R.C.M. 1947, 66-2802(part); amd. Sec. 15, Ch. 352, L. 1985; amd. Sec. 3, Ch. 47, L. 2001; amd. Secs. 178, 221, Ch. 483, L. 2001.  
  50-60-604. Inspections -- electrical permits -- fees. The department of labor and industry or an authorized representative or a county, city, or town certified to perform an inspection pursuant to 50-60-302 shall inspect electrical installations, issue electrical permits for these installations, and establish and charge a reasonable and uniform fee for the inspections. The fee must be commensurate with the expense of providing the inspection and with appropriations for other purposes. As part of any inspection, the inspector shall require proof of licensure from any person who is required to be licensed who is involved with or, in the inspector's judgment, appears to be involved with electrical installations if the person is on the site. The inspector shall report any instance of license violation to the inspector's employing agency, and the employing agency shall in turn report the violation to the board of electricians.   History: En. 66-2805.1 by Sec. 273, Ch. 350, L. 1974; amd. Sec. 9, Ch. 504, L. 1977; R.C.M. 1947, 66-2805.1(1); amd. Sec. 16, Ch. 352, L. 1985; amd. Sec. 3, Ch. 357, L. 1997; amd. Sec. 2, Ch. 379, L. 1997; amd. Sec. 179, Ch. 483, L. 2001; amd. Sec. 21, Ch. 443, L. 2003.  
  50-60-605. Power supplier not to energize installation without electrical permit. Individuals, firms, cooperatives, corporations, or municipalities selling electricity are power suppliers. Except for temporary connections that the department of labor and industry may authorize by rule for a period not exceeding 14 days without a preconnection inspection, power suppliers may not connect with or energize an electrical installation under this part unless the owner or a licensed electrical contractor has delivered to the power supplier an electrical permit covering the installation, issued by the department of labor and industry or a county, city, or town certified to enforce the electrical code pursuant to 50-60-302.   History: En. 66-2805.1 by Sec. 273, Ch. 350, L. 1974; amd. Sec. 9, Ch. 504, L. 1977; R.C.M. 1947, 66-2805.1(2); amd. Sec. 1, Ch. 101, L. 1979; amd. Sec. 17, Ch. 352, L. 1985; amd. Sec. 4, Ch. 47, L. 2001; amd. Secs. 180, 221, Ch. 483, L. 2001; amd. Sec. 22, Ch. 443, L. 2003.  
  50-60-606. Repealed. Sec. 7, Ch. 47, L. 2001.   History: En. 66-2805.1 by Sec. 273, Ch. 350, L. 1974; amd. Sec. 9, Ch. 504, L. 1977; R.C.M. 1947, 66-2805.1(3); amd. Sec. 18, Ch. 352, L. 1985.  
  50-60-607. Energizing electrical installation without permit -- misdemeanor. Any person, partnership, company, firm, association, or corporation, other than a power supplier, that energizes an electrical installation under this part for which an electrical permit has not been issued by the department of labor and industry or a county, city, or town certified to enforce the electrical code pursuant to 50-60-302 is guilty of a misdemeanor.   History: En. 66-2805.1 by Sec. 273, Ch. 350, L. 1974; amd. Sec. 9, Ch. 504, L. 1977; R.C.M. 1947, 66-2805.1(4); amd. Sec. 19, Ch. 352, L. 1985; amd. Sec. 5, Ch. 47, L. 2001; amd. Sec. 182, Ch. 483, L. 2001; amd. Sec. 23, Ch. 443, L. 2003.  
  50-60-608. Injunction authorized. The use or installation of wires or equipment conveying electrical current or the use or installation of any apparatus operated by electrical current in violation of any provision of this part or a lawful order of a state or local government building official may be enjoined by a judge in the district court of the judicial district in which the wires, equipment, or apparatus is located.   History: En. Sec. 6, Ch. 47, L. 2001.  
  50-60-701. Repealed. Sec. 24, Ch. 303, L. 2005.   History: En. Sec. 2, Ch. 315, L. 1979; amd. Sec. 1, Ch. 569, L. 1981; amd. Sec. 1, Ch. 439, L. 2001.  
  50-60-702. Repealed. Sec. 24, Ch. 303, L. 2005.   History: En. Sec. 3, Ch. 315, L. 1979; amd. Sec. 2, Ch. 439, L. 2001.  
  50-60-703. Repealed. Sec. 24, Ch. 303, L. 2005.   History: En. Sec. 4, Ch. 315, L. 1979; amd. Sec. 3, Ch. 439, L. 2001.  
  50-60-704. Scope. (1) This part covers the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of the following equipment, associated parts, and hoistways:   (a) hoisting and lowering mechanisms equipped with a car or platform, which move between two or more landings, including but not limited to:   (i) elevators; and   (ii) platform lifts and stairway chairlifts;   (b) power-driven stairways and walkways for carrying persons between landings, including but not limited to:   (i) escalators; and   (ii) moving walks;   (c) hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including but not limited to:   (i) dumbwaiters; and   (ii) material lifts and dumbwaiters with automatic transfer devices; and   (d) automatic guided transit vehicles on guideways with an exclusive right-of-way, including but not limited to automated people movers.   (2) The department shall adopt rules designating equipment that is not subject to the provisions of this part, including but not limited to certain types of:   (a) personnel hoists;   (b) material hoists;   (c) manlifts;   (d) mobile scaffolds, towers, and platforms;   (e) powered platforms and equipment for exterior and interior maintenance;   (f) conveyors and related equipment;   (g) cranes, derricks, hoists, hooks, jacks, and slings;   (h) industrial trucks;   (i) portable equipment, except for portable escalators that are covered by this part;   (j) tiering or piling machines used to move materials to and from storage that are located and operating entirely within one story;   (k) equipment for feeding or positioning materials at machine tools, printing presses, and similar locations;   (l) furnace hoists;   (m) railroad car lifts or dumpers; and   (n) moving platforms and similar equipment used by an elevator contractor for installing an elevator.   (3) This part does not apply to private residences or farm and ranch operations.   History: En. Sec. 15, Ch. 303, L. 2005.  
  50-60-705. Authority of department -- rulemaking. (1) The department may consult with engineering authorities and organizations concerned with safety codes, rules, and regulations governing the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of elevators, dumbwaiters, escalators, and other equipment subject to the provisions of this part.   (2) (a) The department shall adopt rules relating to the design, construction, alteration, operation, maintenance, repair, inspection, installation, and testing of elevators, dumbwaiters, escalators, and other equipment subject to the provisions of this part.   (b) The department may adopt by reference national standards for equipment subject to the provisions of this part, including national safety codes for elevators and escalators, safety standards for platform lifts and stairway chairlifts, safety codes for existing elevators and escalators, and standards for automated people movers.   (3) The department may modify or grant exceptions to any provision of this part or any rule or standard adopted pursuant to this part if to do so would not jeopardize the public safety or welfare.   History: En. Sec. 16, Ch. 303, L. 2005; amd. Sec. 49, Ch. 44, L. 2007.  
  50-60-706. Registration of elevators and other conveyances. (1) Within 6 months of October 1, 2005, the owners or lessees of existing elevators, dumbwaiters, escalators, or other equipment subject to the provisions of this part shall register the equipment with the department on a form provided by the department unless the equipment was previously registered with the department.   (2) The registration form must contain the type, load and speed, name of manufacturer, location, use, and any other information the department may require for each elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part that is registered pursuant to this section.   (3) Each elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part whose construction is completed subsequent to the 6-month period referred to in subsection (1) must be registered by the owner or lessee when the construction is complete.   History: En. Sec. 17, Ch. 303, L. 2005.  
  50-60-707 and 50-60-708 reserved.  
  50-60-709. Permits. (1) (a) An elevator contractor may not erect, construct, install, or alter an elevator, dumbwaiter, escalator, or other equipment subject to the provisions of this part unless the elevator contractor has obtained a permit from the department and paid the requisite permit fees.   (b) Only a licensed elevator contractor may perform the work described in subsection (1)(a).   (2) Each permit application must be accompanied by copies of specifications and accurately scaled and fully dimensioned plans that:   (a) show the location of the installation in relation to the plans and elevation of the building;   (b) show the location of the machinery room and the equipment to be installed, relocated, or altered;   (c) show all structural supporting members, including foundations;   (d) specify all materials to be employed and all loads to be supported or conveyed; and   (e) are sufficiently complete to illustrate all details of construction and design.   (3) The department may by rule establish criteria for revoking a permit, including but not limited to materially false statements or misrepresentations made in conjunction with a permit application, an elevator contractor's failure to perform in accordance with the specifications or plans submitted with the application or with conditions of the permit, or the elevator contractor's failure to comply with a department stop-work order.   (4) A permit issued under this section expires:   (a) 6 months from the date of its issuance unless the permit specifies a shorter expiration period; or   (b) if an elevator contractor suspends or abandons work covered by a permit for 60 days unless the permit specifies a shorter expiration period for suspension or abandonment.   History: En. Sec. 18, Ch. 303, L. 2005.  
  50-60-710 reserved.  
  50-60-711. Inspections -- fees -- exception. (1) Except as provided in subsection (2), all elevators, escalators, dumbwaiters, or other equipment subject to the provisions of this part, including freight elevators, must be inspected by the department to ensure compliance with the requirements of the applicable building code and this part. The department shall establish and charge a reasonable fee based on the type of equipment being inspected that may not exceed the expense of providing the inspection. Inspections must be made on an annual basis, except that freight elevator inspections must be conducted every 2 years.   (2) (a) In lieu of an inspection by the department, inspections of equipment provided for in subsection (1) may be made by a licensed elevator inspector.   (b) When an inspection is made by an elevator inspector, a copy of the condition report must be provided to the owner and a copy must be sent to the department. The department may not charge more than $10 for receiving and processing a condition report for each individual piece of equipment in a building and for issuing a certificate of inspection for the piece of equipment if the licensed elevator inspector doing the inspection certifies to the department that there are not any deficient conditions or that all deficient conditions noted in the condition report have been corrected and that a followup inspection by the department is not necessary.   (3) It is the responsibility of the owner or lessee of equipment subject to the provisions of this section to ensure compliance with any inspection requirements.   History: En. Sec. 19, Ch. 303, L. 2005.  
  50-60-712 through 50-60-714 reserved.  
  50-60-715. Testing. (1) The department shall establish by rule requirements for periodic testing of elevators, escalators, dumbwaiters, and other equipment subject to the provisions of this part. It is the responsibility of the owners or lessees of equipment subject to the provisions of this section to ensure compliance with any testing requirements.   (2) An owner or lessee shall obtain the services of a licensed elevator contractor for testing and all tests must be conducted by a licensed elevator mechanic.   History: En. Sec. 20, Ch. 303, L. 2005.  
  50-60-716. Insurance requirements. (1) Each licensed elevator contractor and licensed elevator inspector shall provide the department with a certified copy of an insurance policy issued by an insurance company authorized to do business in this state that provides at least $1 million coverage for injury or death for any number of persons in any single occurrence and $500,000 for property damage in any single occurrence.   (2) A licensed elevator contractor or licensed elevator inspector shall notify the department of any material policy alteration or policy cancellation within 10 days of receiving notice of the alteration or cancellation.   History: En. Sec. 21, Ch. 303, L. 2005.  
  50-60-717 through 50-60-719 reserved.  
  50-60-720. Violation -- misdemeanor -- injunction. (1) Any person taking part or assisting in the design, construction, alteration, operation, maintenance, repair, inspection, installation, or testing of elevators, escalators, dumbwaiters, or other equipment subject to the provisions of this part who knowingly violates any provision of this part, the applicable building code, or any lawful order of a state, county, or municipal building official is guilty of a misdemeanor.   (2) A violation described in subsection (1) may be enjoined by a district court judge in the judicial district where the violation occurs.   (3) Subsection (2) is governed by the Montana Rules of Civil Procedure.   History: En. Sec. 22, Ch. 303, L. 2005.  
  50-60-801. Statement of policy on residential energy efficiency. The legislature finds that the people of Montana have an interest in energy efficiency in certain residential buildings for the purpose of protecting and improving their economic and environmental well-being and energy security, while recognizing the basic need for safe and affordable shelter. It is the policy of the state of Montana to encourage energy efficiency in residential buildings through strategies that ensure that:   (1) the housing consumer has access to the information required to make informed choices about structures and energy efficiency measures;   (2) energy efficiency measures are safe, reliable, and readily available for use in Montana;   (3) investments in energy efficiency measures are cost-effective;   (4) the cost of energy efficiency measures on the combination of down payments, monthly mortgage payments, and monthly utility bills does not adversely affect the affordability of housing to prospective home buyers and renters; and   (5) energy efficiency measures do not place an undue or inequitable burden on residential building owners or renters, the residential construction industry, financial institutions, real estate salespersons and appraisers, energy providers, or state and local governments.   History: En. Sec. 1, Ch. 383, L. 1993.  
  50-60-802. Enforcement of energy code through builder self-certification. (1) Except as provided in subsection (2), a person who begins construction on a residential building in Montana after October 1, 1993, shall certify in writing to the building owner at the conclusion of construction that the residential building has been constructed in compliance with the energy-efficient construction standards adopted under the provisions of 50-60-203(1).   (2) A person who begins construction on a residential building in Montana after October 1, 2009, shall certify in writing to the building owner at the conclusion of construction that the residential building has been constructed in compliance with the voluntary energy-efficient construction standards adopted by a county, city, or town with a building code enforcement program that has jurisdiction over the construction if the building meets or exceeds those standards.   History: En. Sec. 4, Ch. 383, L. 1993; amd. Sec. 4, Ch. 300, L. 2009.  
  50-60-803. Energy labeling sticker. (1) The department of labor and industry, in consultation with the department of environmental quality, shall prescribe by rule requirements for a labeling sticker to be affixed to a new residential building that describes the energy efficiency components of the home, including but not limited to heating appliance efficiencies and R-value or U-value of ceilings, walls, floors, windows, and doors in new residential buildings.   (2) A person constructing a new residential building shall affix to that residential building in a manner prescribed by the department of labor and industry a labeling sticker as described in subsection (1).   History: En. Sec. 5, Ch. 383, L. 1993; amd. Sec. 141, Ch. 418, L. 1995; amd. Sec. 183, Ch. 483, L. 2001.  
  50-60-901. Purpose -- rulemaking. (1) The purpose of this part is to provide specific rulemaking authority to the department of labor and industry for the purposes of 76-3-504(1)(e).   (2) By October 1, 2009, the department shall adopt rules identifying appropriate construction techniques that may be used by a local government in mitigation of identified fire hazards pursuant to 76-3-504(1)(e). Rules adopted under this section may not be construed to be part of the state building code as provided in 50-60-203. The adoption, amendment, or repeal of a rule under this section is of significant public interest for the purposes of 2-3-103.   History: En. Sec. 5, Ch. 443, L. 2007.  
  50-60-902. Enforcement. Rules promulgated under 50-60-901 may be enforced only as provided in Title 76, chapter 3, part 5. The powers and duties for enforcement provided in 76-3-501 apply to rules adopted under 50-60-901 and do not apply to or include any rules adopted under Title 50, chapter 60, parts 1 through 8.   History: En. Sec. 6, Ch. 443, L. 2007.  
  50-61-101. Purpose of chapter. The purpose and intent of this chapter are to provide for the public safety in case of fire in those occupancies specified in 50-61-103 and to allow for inspection of the buildings and premises by specified officers.   History: En. Sec. 1, Ch. 279, L. 1947; amd. Sec. 9, Ch. 229, L. 1967; R.C.M. 1947, 69-1801; amd. Sec. 14, Ch. 706, L. 1991; amd. Sec. 5, Ch. 387, L. 2003.  
  50-61-102. Department of justice to administer chapter. (1) The department of justice has general charge and supervision of the enforcement of this chapter, and the officers enumerated in 50-61-114 shall act under its general charge and supervision, shall assist the department in giving effect to this chapter, and are subject to its direction and the rules adopted under 50-3-102 and 50-3-103 for the enforcement of 50-61-120, 50-61-121, and this chapter.   (2) Upon its approval of a fire code and a plan for enforcement of the code filed by a municipality or other governmental fire agency organized under Title 7, chapter 33, the department may approve a municipal or governmental fire agency fire inspection program for local enforcement.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(6); amd. Sec. 5, Ch. 506, L. 1989; amd. Sec. 15, Ch. 706, L. 1991; amd. Sec. 2, Ch. 212, L. 1995; amd. Sec. 21, Ch. 449, L. 2007.  
  50-61-103. Application of chapter -- definitions. This chapter applies to the occupancies defined below:   (1) "Assembly occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by a gathering of 50 or more persons for purposes such as civic, political, religious, or social functions, recreation, education, instruction, food or drink consumption, or awaiting transportation.   (2) "Business occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for office, professional, or service transactions. A business occupancy includes the use of a structure for the storage of records and accounts or for an eating or drinking business establishment with an occupant load of less than 50 persons.   (3) "Educational occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons assembled for the purpose of learning or receiving educational instruction. An educational occupancy includes but is not limited to any building used for:   (a) educational purposes through the 12th grade for more than 12 hours a week or 4 hours in any 1 day; or   (b) day-care purposes for more than 12 persons.   (4) "Industrial occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repairing, or processing operations.   (5) "Institutional occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by more than five persons harbored or detained to receive medical, charitable, or other care or treatment or by persons involuntarily detained. An institutional occupancy includes but is not limited to:   (a) nurseries for the full-time care of children under the age of 6;   (b) hospitals, sanitariums, or nursing homes; and   (c) mental hospitals, mental sanitariums, jails, prisons, reformatories, or buildings where personal liberties of those harbored or detained are similarly restrained.   (6) "Residential occupancy" means the occupancy or use of a building or a structure or any portion of a building or a structure by persons for whom sleeping accommodations are provided and who are not harbored or detained to receive medical, charitable, or other care or treatment and who are not involuntarily detained. A residential occupancy includes but is not limited to hotels, motels, apartment houses, dwellings, and lodging houses. A residential occupancy does not include a building used only for private residential purposes for a family.   History: En. Sec. 2, Ch. 279, L. 1947; amd. Sec. 10, Ch. 229, L. 1967; amd. Sec. 12, Ch. 187, L. 1977; R.C.M. 1947, 69-1802; amd. Sec. 6, Ch. 387, L. 2003.  
  50-61-104. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 3, Ch. 279, L. 1947; amd. Sec. 1, Ch. 159, L. 1949; R.C.M. 1947, 69-1803.  
  50-61-105. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 4, Ch. 279, L. 1947; R.C.M. 1947, 69-1804.  
  50-61-106. Unlawful to obstruct fire exit. It is unlawful to obstruct in any manner any fire exit, or any hallway, corridor, or entranceway leading to a fire exit, required by rules adopted by the department of justice.   History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part); amd. Sec. 16, Ch. 706, L. 1991.  
  50-61-107. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part).  
  50-61-108. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 5, Ch. 279, L. 1947; R.C.M. 1947, 69-1805(part).  
  50-61-109. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 6, Ch. 279, L. 1947; R.C.M. 1947, 69-1806(b), (c).  
  50-61-110. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 6, Ch. 279, L. 1947; R.C.M. 1947, 69-1806(a).  
  50-61-111. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 7, Ch. 279, L. 1947; amd. Sec. 1, Ch. 227, L. 1959; amd. Sec. 1, Ch. 254, L. 1975; R.C.M. 1947, 69-1807.  
  50-61-112. Repealed. Sec. 9, Ch. 387, L. 2003.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(1), (2); amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 129, Ch. 27, Sp. L. November 1993.  
  50-61-113. Repealed. Sec. 9, Ch. 387, L. 2003.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(3); amd. Sec. 1, Ch. 706, L. 1991.  
  50-61-114. Fire chief and fire inspector to make inspections. For the purpose of examining the premises for violations of this chapter and rules adopted under 50-3-103 for the enforcement of this chapter, the chief or fire inspector of the governmental fire agency organized under Title 7, chapter 33, when a fire inspection program is established, or a fire inspector of the department of justice, when a fire inspection program does not exist:   (1) shall enter into school buildings at least once each 18 months; and   (2) may enter into all other buildings and upon all other premises within the jurisdiction, according to priority schedules established by the department for conducting inspections of buildings and premises.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(4); amd. Sec. 1, Ch. 323, L. 1985; amd. Sec. 17, Ch. 706, L. 1991; amd. Sec. 3, Ch. 212, L. 1995; amd. Sec. 7, Ch. 387, L. 2003; amd. Sec. 22, Ch. 449, L. 2007.  
  50-61-115. Notice of violations. (1) When a building is found that is not in compliance with fire safety rules promulgated by the department of justice, the person making the inspection or the department shall serve a written notice upon the party whose duty it is to maintain the safety of the building.   (2) The notice must specify the time within which the defective conditions must be remedied.   (3) The notice is served if delivered to the person to be notified, if left with any adult person at the usual residence or place of business of the person to be notified, or if deposited in the post office directed to the last-known address of the person to be notified. Whenever buildings are managed and controlled by a board of trustees, board of commissioners, or other governing body, the notice is served if delivered to the president, secretary, or treasurer of the board of trustees, board of commissioners, or other governing body.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(part); amd. Sec. 18, Ch. 706, L. 1991; amd. Sec. 23, Ch. 449, L. 2007.  
  50-61-116. Lessee who corrects violations entitled to reimbursement. The occupant or lessee of any building who is required to erect fire escapes under the provisions of this chapter is entitled to reimbursement for the cost and expense of erecting the fire escapes out of the rent or lease money of the premises, and the reimbursement is not a breach of any existing lease, contract, or covenant or grounds for any action or damage ouster.   History: En. Sec. 8, Ch. 279, L. 1947; amd. Sec. 11, Ch. 229, L. 1967; amd. Sec. 13, Ch. 187, L. 1977; R.C.M. 1947, 69-1808(part); amd. Sec. 1863, Ch. 56, L. 2009.  
  50-61-117. Prosecution of violations. It is the duty of the department of justice or other authorized officer to furnish the county attorney with all evidence of violations of rules adopted by the department within the county where said violations occur, and, if the evidence discloses the fact that a violation has occurred, it is the duty of the county attorney of the county to prosecute the person committing the violation in the same manner as in other cases.   History: En. Sec. 10, Ch. 279, L. 1947; R.C.M. 1947, 69-1809(part); amd. Sec. 19, Ch. 706, L. 1991.  
  50-61-118. Injunction authorized. In addition to the other remedies and penalties provided in this chapter, upon the failure of any of the parties charged with the duty to maintain the safety of the building premises in accordance with rules adopted by the department of justice, the attorney general of the state or the county attorney of the county where the building is located shall bring an action against the owner, lessee, and occupants of the building for an injunction enjoining the further occupancy of it until it is in compliance with this chapter. The action may be brought in the county where the building is located.   History: En. Sec. 11, Ch. 279, L. 1947; R.C.M. 1947, 69-1810; amd. Sec. 20, Ch. 37, L. 1979; amd. Sec. 20, Ch. 706, L. 1991.  
  50-61-119. Violation of chapter a misdemeanor. (1) Any person failing, neglecting, or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.   (2) Each day's failure to comply with any of the provisions of this chapter, after the expiration of the time stipulated in the written notice provided for herein, shall constitute a separate offense.   History: En. Sec. 10, Ch. 279, L. 1947; R.C.M. 1947, 69-1809(part).  
  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.   History: En. Sec. 1, Ch. 506, L. 1989.  
  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.   History: En. Sec. 2, Ch. 506, L. 1989; amd. Sec. 21, Ch. 706, L. 1991; amd. Sec. 24, Ch. 449, L. 2007.  
  50-62-101. Entering of buildings for purpose of examination authorized. An officer of the state fire prevention and investigation section of the department of justice or the chief or chief's designee of a governmental fire agency organized under Title 7, chapter 33, where a fire agency is established at all reasonable hours may, as authorized by law, enter into all buildings and upon all premises within the officer's, chief's, or designee's jurisdiction for the purpose of determining whether the building or premises conforms to laws and rules relating to fire hazards and fire safety.   History: En. Sec. 15, Ch. 148, L. 1911; re-en. Sec. 2752, R.C.M. 1921; re-en. Sec. 2752, R.C.M. 1935; amd. Sec. 8, Ch. 229, L. 1967; R.C.M. 1947, 82-1218; amd. Sec. 22, Ch. 706, L. 1991; amd. Sec. 25, Ch. 449, L. 2007.  
  50-62-102. Structures or conditions creating fire hazard a public nuisance -- order to remedy. (1) If any building or other structure is especially liable to fire for reasons including but not limited to lack of proper repair, age, dilapidated condition, defective or poorly installed wiring and equipment, defective chimneys, defective gas connections, defective heating apparatus, or the existence of any combustible materials, flammable conditions, or other fire hazards and is dangerous to the safety of the building premises or to the public or is situated in a way that endangers other buildings and property in the vicinity, the state fire prevention and investigation section of the department of justice or other person identified in 50-62-101 may declare the building or other structure to be a public nuisance and proceed according to 50-62-103 or subsection (2) of this section.   (2) If the state fire prevention and investigation section, an officer of the section, or a person identified in 50-62-101 determines that a building or other structure constitutes a public nuisance for any reason identified in subsection (1) of this section, the section, officer, or other person shall order the hazardous condition or material to be removed or remedied. The order must be in writing and directed generally to the owner, lessee, agent, or occupant of the building or structure.   (3) If the hazardous condition or material can be removed or remedied within a period of 24 hours, the order must contain notice that the condition or material must be remedied or removed. The owner, lessee, agent, or occupant upon whom the notice is served who fails to comply with the notice is liable for any expenses incurred in the removal or remedying of the hazardous condition or material by the fire prevention and investigation section, officer of the section, or other person identified in 50-62-101.   History: En. Sec. 16, Ch. 148, L. 1911; amd. Sec. 2, Ch. 95, L. 1913; amd. Sec. 2, Ch. 212, L. 1919; re-en. Sec. 2753, R.C.M. 1921; amd. Sec. 1, Ch. 139, L. 1929; re-en. Sec. 2753, R.C.M. 1935; R.C.M. 1947, 82-1219(part); amd. Sec. 23, Ch. 706, L. 1991; amd. Sec. 26, Ch. 449, L. 2007.  
  50-62-103. Service of order to repair hazardous condition or demolish structure. (1) If the fire prevention and investigation section of the department of justice, an officer of the section, or any other person identified in 50-62-101, upon an examination or inspection, determines that a building or other structure constitutes a public nuisance for any reason identified in 50-62-102 and the condition cannot be removed or remedied within 24 hours, the section, officer, or person shall order the hazardous condition to be repaired or the structure to be torn down or demolished and all dangerous conditions remedied.   (2) The order must be in writing, must provide the grounds for the order, and must be filed in the office of the clerk of the district court of the county in which the building or structure ordered to be altered, repaired, or demolished is located. All further proceedings for the enforcement of the order must be held in the district court in which the order is filed.   (3) A copy of the order filed as provided in this section, together with a written notice that it has been filed and will be put in force unless the owner, occupant, or tenant files objections or an answer to the order with the clerk of the court within the time specified in 50-62-104, must be served upon the owner and any purchaser under contract for deed of the building or structure directed to be altered, repaired, or demolished. If there is a tenant occupying the building, service must also be made upon the tenant. Service must be made personally upon the owner and occupant, if there is one.   (4) If the location of the owner or any purchaser under contract for deed is unknown and cannot be ascertained by the department of justice by the exercise of reasonable diligence, then upon filing in the office of the clerk of the district court an affidavit to this effect, service of the notice upon the owner or any purchaser under contract for deed may be made by the clerk of the district court by publication of it once in each week for 3 successive weeks in a newspaper printed and published in the county in which the building or structure is located and by posting a copy of the notice in a conspicuous place upon the building or structure. Service made in this manner is complete upon the expiration of the publication period. Proof of service of the notice must be filed in the office of the clerk of the district court within 5 days after the service of the notice.   History: En. Sec. 16, Ch. 148, L. 1911; amd. Sec. 2, Ch. 95, L. 1913; amd. Sec. 2, Ch. 212, L. 1919; re-en. Sec. 2753, R.C.M. 1921; amd. Sec. 1, Ch. 139, L. 1929; re-en. Sec. 2753, R.C.M. 1935; R.C.M. 1947, 82-1219(part); amd. Sec. 21, Ch. 37, L. 1979; amd. Sec. 16, Ch. 526, L. 1983; amd. Sec. 24, Ch. 706, L. 1991; amd. Sec. 27, Ch. 449, L. 2007.  
  50-62-104. Answer of owner or occupant. (1) The owner of any building condemned or any occupant or lessee upon whom the condemnation notice or order is served, within 20 days from the date of service, may file with the clerk of the district court and serve upon the department of justice or any officer mentioned in 50-62-101 written objections to the order in the form of a verified answer denying the existence of any of the facts cited in the notice or order that the person desires to contest.   (2) If an answer is filed and served, the court shall hear and determine the issues raised and give judgment.   History: En. Sec. 2753-A, Ch. 139, L. 1929; re-en. Sec. 2753.1, R.C.M. 1935; R.C.M. 1947, 82-1220(part); amd. Sec. 25, Ch. 706, L. 1991; amd. Sec. 1864, Ch. 56, L. 2009.  
  50-62-105. Default judgment. If no answer is so filed and served, the owner and all other persons in interest shall be deemed to be in default, and thereupon the court shall affirm the order of condemnation and direct the department of justice or other officer to proceed with the enforcement thereof.   History: En. Sec. 2753-A, Ch. 139, L. 1929; re-en. Sec. 2753.1, R.C.M. 1935; R.C.M. 1947, 82-1220(part); amd. Sec. 26, Ch. 706, L. 1991.  
  50-62-106. Hearing and judgment. (1) The court, upon application of the department of justice or any officer mentioned in 50-62-101, shall make its order fixing a time and place for such hearing, which time shall be within 20 days from the date of the filing of the answer or as soon thereafter as the matter may be heard.   (2) If upon trial the order shall be sustained, judgment shall be given accordingly and a time shall be fixed within which the building or structure shall be altered, destroyed, or repaired in compliance with such order, but otherwise the court shall annul or set aside the order of condemnation.   History: En. Sec. 2753-B, Ch. 139, L. 1929; re-en. Sec. 2753.2, R.C.M. 1935; R.C.M. 1947, 82-1221; amd. Sec. 27, Ch. 706, L. 1991.  
  50-62-107. Proceedings on failure to comply with order. (1) If the owner or other party in interest shall fail to comply with the order of condemnation of a building or structure within the time fixed by the court in case a trial is had therein, then the department of justice or any other officer authorized in 50-62-101 may proceed to cause such building or structure to be altered, repaired, or demolished in accordance with the directions contained in such order.   (2) Where a building or structure is demolished in accordance with such order, the department or any other officer authorized in 50-62-101 may sell or dispose of the salvaged materials therefrom at public auction upon 5 days' posted notice. The department or other officer shall keep an accurate account of the expenses incurred in carrying out the order and shall credit thereon the proceeds of such salvage sale, if any, and shall report thereon with a statement of said expenses or the balance thereof, the expense incurred, and the amount, if any, received from such salvage sale to the court for approval and allowance. The court shall examine, correct if necessary, and allow said expense account, and said amount so allowed shall constitute a lien against the real estate on which said building or structure is or was situated. If the amount thereof is not paid by the owner or other party in interest within 3 months after the account has been examined and approved by the court, the real estate upon which said building or structure is or was situated shall be sold under proper order of court by the sheriff of the county in which the same is situated in the manner provided by law for the sale of real estate upon execution, and the proceeds of said sale shall be paid into the treasury of the governmental unit which incurred the expenses. If the amount received as salvage or on sale shall exceed the expense incurred by the governmental unit, the court shall direct the payment of the surplus to those parties with encumbrances, mortgages, or liens on the real estate in order of their priority and any surplus thereafter to the owner or the payment of the same into court for their use and benefit.   History: En. Sec. 2753-C, Ch. 139, L. 1929; re-en. Sec. 2753.3, R.C.M. 1935; amd. Sec. 1, Ch. 418, L. 1975; R.C.M. 1947, 82-1222; amd. Sec. 1, Ch. 278, L. 1981; amd. Sec. 28, Ch. 706, L. 1991.  
  50-62-108. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 2753-D, Ch. 139, L. 1929; re-en. Sec. 2753.4, R.C.M. 1935; amd. Sec. 1, Ch. 187, L. 1947; R.C.M. 1947, 82-1223(part); amd. Sec. 6, Ch. 506, L. 1989.  
  50-62-109. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 2753-D, Ch. 139, L. 1929; re-en. Sec. 2753.4, R.C.M. 1935; amd. Sec. 1, Ch. 187, L. 1947; R.C.M. 1947, 82-1223(part).  
  50-62-110. Appeal to department of justice. If the owner or occupant feels aggrieved by an order of an officer under this chapter, the owner or occupant may appeal to the department of justice within 24 hours and the cause of the complaint must be investigated, in a timely manner, by direction of the department. Unless the order is revoked by the department, it remains in force and must be complied with by the owner or occupant.   History: En. Sec. 17, Ch. 148, L. 1911; re-en. Sec. 2754, R.C.M. 1921; re-en. Sec. 2754, R.C.M. 1935; R.C.M. 1947, 82-1224; amd. Sec. 29, Ch. 706, L. 1991; amd. Sec. 1865, Ch. 56, L. 2009.  
  50-62-111. Penalty for failure to comply with order to correct. An owner or occupant of buildings or premises who fails to comply with the orders of the authorities named in this chapter shall be guilty of a misdemeanor and shall be fined not less than $10 or more than $500 for each day's neglect.   History: En. Sec. 18, Ch. 148, L. 1911; re-en. Sec. 2755, R.C.M. 1921; re-en. Sec. 2755, R.C.M. 1935; R.C.M. 1947, 82-1225; amd. Sec. 30, Ch. 706, L. 1991.  
  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.   History: En. Sec. 2, Ch. 201, L. 1997; amd. Sec. 28, Ch. 449, L. 2007.  
  50-63-101. Examination of premises where fire occurred authorized. In the performance of the duties imposed by the provisions of this chapter, officers of the department of justice may, as authorized by law, enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereto.   History: En. Sec. 14, Ch. 148, L. 1911; re-en. Sec. 2751, R.C.M. 1921; re-en. Sec. 2751, R.C.M. 1935; R.C.M. 1947, 82-1217; amd. Sec. 31, Ch. 706, L. 1991.  
  50-63-102. Civil penalty for setting or leaving fire causing damage. A person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is subject to a civil penalty of not less than $50 or more than $500.   History: En. Sec. 4, Ch. 170, L. 1919; re-en. Sec. 2766, R.C.M. 1921; re-en. Sec. 2766, R.C.M. 1935; R.C.M. 1947, 82-1236; amd. Sec. 29, Ch. 449, L. 2007.  
  50-63-103. Liability of offender for damages and costs. Except as provided in 50-63-104, a person who sets or leaves a fire that spreads and damages or destroys property of any kind not belonging to the person is liable for all damages caused by the fire, and an owner of property damaged or destroyed by the fire may maintain a civil suit for the purpose of recovering damages. A person who sets or leaves a fire that threatens to spread and damage or destroy property is liable for all costs and expenses incurred, including but not limited to expenses incurred in investigation of the fire and administration of fire suppression, by the state of Montana, by any forestry association, or by any person extinguishing or preventing the spread of the fire.   History: En. Sec. 7, Ch. 170, L. 1919; re-en. Sec. 2769, R.C.M. 1921; re-en. Sec. 2769, R.C.M. 1935; R.C.M. 1947, 82-1237; amd. Sec. 30, Ch. 449, L. 2007; amd. Sec. 2, Ch. 291, L. 2013.  
  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.   History: En. Sec. 1, Ch. 291, L. 2013; amd. Sec. 1, Ch. 389, L. 2015.  
  50-63-201. Cause of fire to be investigated. The origin, cause, and circumstances of each fire by which property has been destroyed or damaged shall be investigated to determine the cause and circumstances. The department of justice may superintend and direct the investigation.   History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(1); amd. Sec. 32, Ch. 706, L. 1991; amd. Sec. 1, Ch. 94, L. 2015.  
  50-63-202. Fire chief or sheriff to conduct investigation. If the fire occurs within a municipality, organized fire district, or fire service area, the chief of the governmental fire agency organized under Title 7, chapter 33, having jurisdiction or the chief's designee shall conduct the investigation. If the fire occurs outside a municipality, organized fire district, or fire service area, the county sheriff shall conduct the investigation or ensure that an investigation is conducted.   History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(part); amd. Sec. 4, Ch. 212, L. 1995; amd. Sec. 31, Ch. 449, L. 2007.  
  50-63-203. Notification to department of justice -- reports to be filed. (1) If it appears that a fire was of suspicious origin, if there was a loss of human life, or if it is determined that a criminal investigation is necessary, the official responsible for the investigation shall notify the department of justice and the appropriate law enforcement agency within 24 hours and shall file with the department a written report of the cause within 10 days.   (2) If the property was insured, as soon as any adjustment has been made, a person representing the insurance company shall notify the department of justice of the amount of adjustment and the apparent cause and circumstances of the fire.   (3) Each official responsible for investigating fires shall file with the department of justice a fire incident report on each fire. Reports must be made on forms provided by the department and must contain information prescribed by the department. These reports must be sent to the department on a monthly basis or at intervals determined by the department.   History: En. Sec. 6, Ch. 148, L. 1911; re-en. Sec. 2743, R.C.M. 1921; re-en. Sec. 2743, R.C.M. 1935; amd. Sec. 6, Ch. 229, L. 1967; amd. Sec. 1, Ch. 351, L. 1973; R.C.M. 1947, 82-1209(part); amd. Sec. 33, Ch. 706, L. 1991; amd. Sec. 8, Ch. 387, L. 2003; amd. Sec. 32, Ch. 449, L. 2007.  
  50-63-204. Penalty for failure to investigate or file report. Any person who fails to comply with the requirements of this part shall be fined not less than $25 or more than $200.   History: En. Sec. 8, Ch. 148, L. 1911; re-en. Sec. 2745, R.C.M. 1921; re-en. Sec. 2745, R.C.M. 1935; amd. Sec. 7, Ch. 229, L. 1967; R.C.M. 1947, 82-1211.  
  50-63-301. Repealed. Sec. 37, Ch. 706, L. 1991.   History: (1)En. Sec. 9, Ch. 148, L. 1911; re-en. Sec. 2746, R.C.M. 1921; re-en. Sec. 2746, R.C.M. 1935; Sec. 82-1212, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1212, 82-1215(part).  
  50-63-302. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 13, Ch. 148, L. 1911; re-en. Sec. 2750, R.C.M. 1921; re-en. Sec. 2750, R.C.M. 1935; R.C.M. 1947, 82-1216.  
  50-63-303. Repealed. Sec. 37, Ch. 706, L. 1991.   History: (1)En. Sec. 11, Ch. 148, L. 1911; re-en. Sec. 2748, R.C.M. 1921; re-en. 2748, R.C.M. 1935; Sec. 82-1214, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1214, 82-1215(part).  
  50-63-304. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).  
  50-63-305. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part); amd. Sec. 9, Ch. 140, L. 1985.  
  50-63-306. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).  
  50-63-307. Repealed. Sec. 37, Ch. 706, L. 1991.   History: En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; R.C.M. 1947, 82-1215(part).  
  50-63-308. Repealed. Sec. 37, Ch. 706, L. 1991.   History: (1)En. Sec. 10, Ch. 148, L. 1911; re-en. Sec. 2747, R.C.M. 1921; re-en. Sec. 2747, R.C.M. 1935; Sec. 82-1213, R.C.M. 1947; (2)En. Sec. 12, Ch. 148, L. 1911; amd. Sec. 1, Ch. 212, L. 1919; re-en. Sec. 2749, R.C.M. 1921; re-en. Sec. 2749, R.C.M. 1935; amd. Sec. 35, Ch. 187, L. 1977; Sec. 82-1215, R.C.M. 1947; R.C.M. 1947, 82-1213, 82-1215(part).  
  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.   History: En. Sec. 1, Ch. 145, L. 1979; amd. Sec. 33, Ch. 449, L. 2007.  
  50-63-402. Insurer to report suspicious fires. When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, it shall notify an appropriate law enforcement agency or governmental fire agency organized under Title 7, chapter 33, and provide the agency with all material developed from its inquiry into the fire loss.   History: En. Sec. 2, Ch. 145, L. 1979; amd. Sec. 34, Ch. 449, L. 2007.  
  50-63-403. Agencies to keep information confidential. The insured's right of individual privacy requires agencies and agency personnel receiving information furnished pursuant to 50-63-401 and 50-63-402 to hold the information in confidence unless:   (1) the insured waives the right of individual privacy; or   (2) release of the information is required pursuant to a criminal or civil proceeding.   History: En. Sec. 3, Ch. 145, L. 1979; amd. Sec. 1866, Ch. 56, L. 2009.  
  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.   History: En. Sec. 4, Ch. 145, L. 1979; amd. Sec. 35, Ch. 449, L. 2007.  
  50-63-405. Exemption of insurer from liability. In the absence of fraud or bad faith, the insurer or person who furnished information on its behalf is not subject to liability in any civil action for:   (1) furnishing information as required by 50-63-401; or   (2) notifying an appropriate agency of a fire loss as required by 50-63-402.   History: En. Sec. 5, Ch. 145, L. 1979.  
  50-64-101. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7401 by Sec. 1, Ch. 570, L. 1977; R.C.M. 1947, 69-7401.  
  50-64-102. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7402 by Sec. 2, Ch. 570, L. 1977; R.C.M. 1947, 69-7402; amd. Sec. 20, Ch. 352, L. 1985.  
  50-64-103. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7406 by Sec. 6, Ch. 570, L. 1977; R.C.M. 1947, 69-7406.  
  50-64-104. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7403 by Sec. 3, Ch. 570, L. 1977; R.C.M. 1947, 69-7403.  
  50-64-105. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7404 by Sec. 4, Ch. 570, L. 1977; R.C.M. 1947, 69-7404.  
  50-64-106. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7405 by Sec. 5, Ch. 570, L. 1977; R.C.M. 1947, 69-7405.  
  50-64-107. Repealed. Sec. 1, Ch. 128, L. 2001.   History: En. 69-7407 by Sec. 7, Ch. 570, L. 1977; R.C.M. 1947, 69-7407.  
  50-65-101. Definitions. As used in this chapter, the following definitions apply:   (1) "Agent" means a person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes.   (2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco.   (3) "Manufacturer" means:   (a) an entity that manufactures or otherwise produces cigarettes or causes cigarettes that the manufacturer intends to be sold in this state to be manufactured or produced anywhere, including cigarettes intended to be sold in the United States through an importer;   (b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or   (c) an entity that becomes a successor of an entity described in subsections (3)(a) and (3)(b).   (4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systemic and nonsystemic methodological errors, and equipment-related problems do not affect the results of testing. The program ensures that the testing repeatability remains within the required repeatability values provided in 50-65-102(2)(f) for all test trials used to certify cigarettes in accordance with this chapter.   (5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.   (6) "Retail dealer" means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.   (7) "Sale" means any transfer of title of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means.   (8) "Wholesale dealer" means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.   History: En. Sec. 1, Ch. 318, L. 2007.  
  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.   History: En. Sec. 2, Ch. 318, L. 2007; amd. Sec. 3, Ch. 28, L. 2013.  
  50-65-103. Certification -- fee for certification -- product change. (1) Each manufacturer shall submit to the department of justice a written certification attesting that each cigarette listed in the certification:   (a) has been tested in accordance with 50-65-102; and   (b) meets the performance standard provided in 50-65-102(2)(c).   (2) Each cigarette listed in the certification must be described with the following information:   (a) brand or trade name on the package;   (b) style, such as light or ultralight;   (c) length in millimeters;   (d) circumference in millimeters;   (e) flavor, such as menthol or chocolate, if applicable;   (f) filter or nonfilter;   (g) package description, such as soft pack or box;   (h) marking approved in accordance with 50-65-104;   (i) the name, address, and telephone number of the laboratory, if different from the manufacturer, that conducted the test; and   (j) the date that the testing occurred.   (3) Certifications must be made available to the attorney general for purposes consistent with this chapter and to the department of revenue for the purposes of ensuring compliance with this section.   (4) Each cigarette certified under this section must be recertified every 3 years.   (5) (a) For each cigarette listed in a certification, a manufacturer shall pay a fee, not to exceed $250, to offset the actual costs of the processing, testing, enforcement, and oversight activities required in this chapter.   (b) There is an account in the state special revenue fund in which fees collected under this subsection (5) must be deposited to the credit of the department of justice. Money collected may be used only by the department of justice for the purposes provided in subsection (5)(a).   (6) If a manufacturer has certified a cigarette pursuant to this section and later makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, the cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards provided in 50-65-102 and maintains records of the retesting as required by 50-65-102. Any altered cigarette that does not meet the performance standard provided in 50-65-102 may not be sold in this state.   History: En. Sec. 3, Ch. 318, L. 2007.  
  50-65-104. Marking on cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with 50-65-103 must be marked to indicate compliance with the requirements of 50-65-102. The marking must be in 8-point type or larger and consist of:   (a) modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code;   (b) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or   (c) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards required in this chapter.   (2) A manufacturer may use only one marking and shall uniformly apply the marking to all packages, including but not limited to packs, cartons, and cases, and brands marketed by the manufacturer.   (3) The department of revenue must be notified of the marking that is selected.   (4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the department of revenue for approval. Upon receipt of the request, the department of revenue shall approve or disapprove the marking offered, except that the department of revenue shall approve any marking in use and approved for sale in New York pursuant to New York executive law section 156-c, the New York fire safety standards for cigarettes. Proposed markings must be considered to be approved if the department of revenue fails to act within 10 business days of receiving a request for approval.   (5) A manufacturer may not modify its approved marking unless the modification has been approved by the department of revenue in accordance with this section.   (6) Manufacturers certifying cigarettes in accordance with 50-65-103 shall provide a copy of the certification to all wholesale dealers and agents to whom they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retail dealer to whom the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to whom they sell cigarettes.   History: En. Sec. 4, Ch. 318, L. 2007.  
  50-65-105 through 50-65-109 reserved.  
  50-65-110. Penalties. (1) A manufacturer, wholesale dealer, agent, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 50-65-102, for a first offense, is subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes and, for a subsequent offense, is subject to a civil penalty not to exceed $25,000 for each sale of the cigarettes. However, the penalty may not exceed $100,000 during any 30-day period.   (2) (a) A retail dealer who knowingly sells cigarettes in violation of 50-65-102:   (i) for a first offense, is subject to a civil penalty not to exceed $100 and, for a subsequent offense, is subject to a civil penalty not to exceed $400 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes; or   (ii) for a first offense, is subject to a civil penalty not to exceed $1,000 and, for a subsequent offense, is subject to a civil penalty not to exceed $5,000 for each sale or offer for sale of the cigarettes if the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.   (b) The total penalty against a retail dealer provided in this subsection (2) may not exceed $25,000 during a 30-day period.   (3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited liability company, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to 50-65-103 is, for a first offense, subject to a civil penalty of at least $75,000 and, for a subsequent offense, a civil penalty not to exceed $250,000 for each false certification.   (4) A person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed $1,000 and, for a subsequent offense, a civil penalty not to exceed $5,000 for each violation.   (5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by 50-65-102 are subject to forfeiture under 16-11-159 if prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand is permitted to inspect the cigarette.   (6) In addition to any other remedy provided by law, the department of justice may file an action in the appropriate district court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs related to the specific violation and attorney fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the department of justice may obtain relief.   History: En. Sec. 5, Ch. 318, L. 2007.  
  50-65-111. Implementation -- rulemaking authority -- inspection for proper markings. (1) The department of justice and the department of revenue may adopt rules, pursuant to Title 2, chapter 4, necessary to effectuate the purposes of this chapter.   (2) The department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Title 16, chapter 11, may inspect cigarettes to determine if the cigarettes are marked as required by 50-65-104. If the cigarettes are not marked as required, the department of revenue shall notify the department of justice.   History: En. Sec. 6, Ch. 318, L. 2007.  
  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.   History: En. Sec. 7, Ch. 318, L. 2007.  
  50-65-113 and 50-65-114 reserved.  
  50-65-115. Sale outside Montana. This chapter may not be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of 50-65-102 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and if the person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to a person located in this state.   History: En. Sec. 8, Ch. 318, L. 2007.  
  50-65-116 through 50-65-119 reserved.  
  50-65-120. Preemption. This chapter no longer applies if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.   History: En. Sec. 9, Ch. 318, L. 2007.  
  50-65-121. Local consistency required. The provisions of 7-1-113 apply in the administration and application of this chapter.   History: En. Sec. 10, Ch. 318, L. 2007.  
  50-7-101. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7301 by Sec. 1, Ch. 383, L. 1977; R.C.M. 1947, 69-7301.  
  50-7-102. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7309 by Sec. 9, Ch. 383, L. 1977; R.C.M. 1947, 69-7309.  
  50-7-103. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7310 by Sec. 10, Ch. 383, L. 1977; R.C.M. 1947, 69-7310(2).  
  50-7-104. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7310 by Sec. 10, Ch. 383, L. 1977; R.C.M. 1947, 69-7310(1), (3).  
  50-7-201. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(1), (2).  
  50-7-202. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(5) thru (7).  
  50-7-203. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(3).  
  50-7-204. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(4).  
  50-7-205. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(9).  
  50-7-206. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(8).  
  50-7-301. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(1).  
  50-7-302. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(5).  
  50-7-303. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(3), (4).  
  50-7-304. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7308 by Sec. 8, Ch. 383, L. 1977; R.C.M. 1947, 69-7308.  
  50-7-305. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7304 by Sec. 4, Ch. 383, L. 1977; R.C.M. 1947, 69-7304.  
  50-7-306. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7305 by Sec. 5, Ch. 383, L. 1977; R.C.M. 1947, 69-7305.  
  50-7-307. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7306 by Sec. 6, Ch. 383, L. 1977; R.C.M. 1947, 69-7306.  
  50-7-308. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(2).  
  50-7-309. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. 69-7307 by Sec. 7, Ch. 383, L. 1977; R.C.M. 1947, 69-7307.  
  50-70-101. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 1, Ch. 316, L. 1971; R.C.M. 1947, 69-4206.  
  50-70-102. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 2, Ch. 316, L. 1971; R.C.M. 1947, 69-4207.  
  50-70-103. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 3, Ch. 316, L. 1971; amd. Sec. 35, Ch. 349, L. 1974; R.C.M. 1947, 69-4208; amd. Sec. 142, Ch. 418, L. 1995; amd. Sec. 320, Ch. 546, L. 1995; amd. Sec. 1, Ch. 25, L. 1999.  
  50-70-104. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 4, Ch. 316, L. 1971; amd. Sec. 36, Ch. 349, L. 1974; R.C.M. 1947, 69-4209.  
  50-70-105. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. 69-4211.1 by Sec. 38, Ch. 349, L. 1974; R.C.M. 1947, 69-4211.1; amd. Sec. 321, Ch. 546, L. 1995; amd. Sec. 2, Ch. 25, L. 1999.  
  50-70-106. Repealed. Sec. 567, Ch. 546, L. 1995.   History: En. Sec. 6, Ch. 316, L. 1971; amd. Sec. 37, Ch. 349, L. 1974; R.C.M. 1947, 69-4211(part).  
  50-70-107. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 22, Ch. 197, L. 1967; R.C.M. 1947, 69-4204.  
  50-70-108. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 15, Ch. 316, L. 1971; R.C.M. 1947, 69-4220; amd. Sec. 322, Ch. 546, L. 1995.  
  50-70-109. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 14, Ch. 316, L. 1971; amd. Sec. 43, Ch. 349, L. 1974; R.C.M. 1947, 69-4219; amd. Sec. 323, Ch. 546, L. 1995.  
  50-70-110. Repealed. Sec. 4, Ch. 25, L. 1999.   History: En. Sec. 6, Ch. 316, L. 1971; amd. Sec. 37, Ch. 349, L. 1974; R.C.M. 1947, 69-4211(part); amd. Sec. 143, Ch. 418, L. 1995; amd. Sec. 324, Ch. 546, L. 1995.  
  50-70-111. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 13, Ch. 316, L. 1971; amd. Sec. 42, Ch. 349, L. 1974; R.C.M. 1947, 69-4218; amd. Sec. 325, Ch. 546, L. 1995; amd. Sec. 3, Ch. 25, L. 1999.  
  50-70-112. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 7, Ch. 316, L. 1971; R.C.M. 1947, 69-4212; amd. Sec. 326, Ch. 546, L. 1995.  
  50-70-113. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 9, Ch. 316, L. 1971; R.C.M. 1947, 69-4214; amd. Sec. 327, Ch. 546, L. 1995.  
  50-70-114. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 12, Ch. 316, L. 1971; R.C.M. 1947, 69-4217; amd. Sec. 22, Ch. 37, L. 1979; amd. Sec. 328, Ch. 546, L. 1995.  
  50-70-115. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 8, Ch. 316, L. 1971; amd. Sec. 39, Ch. 349, L. 1974; R.C.M. 1947, 69-4213.  
  50-70-116. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 10, Ch. 316, L. 1971; amd. Sec. 40, Ch. 349, L. 1974; R.C.M. 1947, 69-4215; amd. Sec. 329, Ch. 546, L. 1995.  
  50-70-117. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 11, Ch. 316, L. 1971; amd. Sec. 41, Ch. 349, L. 1974; R.C.M. 1947, 69-4216; amd. Sec. 330, Ch. 546, L. 1995.  
  50-70-118. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 16, Ch. 316, L. 1971; amd. Sec. 44, Ch. 349, L. 1974; R.C.M. 1947, 69-4221; amd. Sec. 36, Ch. 557, L. 1987.  
  50-71-101. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 1, Ch. 341, L. 1969; R.C.M. 1947, 41-1708.  
  50-71-102. Renumbered 50-71-204. Sec. 24(2), Ch. 27, L. 2009.  
  50-71-103. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 24, Ch. 341, L. 1969; R.C.M. 1947, 41-1731; amd. Sec. 10, Ch. 514, L. 1995.  
  50-71-104. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 25, Ch. 341, L. 1969; R.C.M. 1947, 41-1732.  
  50-71-105. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 6, Ch. 341, L. 1969; amd. Sec. 2, Ch. 182, L. 1975; R.C.M. 1947, 41-1713(part).  
  50-71-106. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 6, Ch. 341, L. 1969; amd. Sec. 2, Ch. 182, L. 1975; R.C.M. 1947, 41-1713(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-107. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 22, Ch. 341, L. 1969; amd. Sec. 18, Ch. 182, L. 1975; R.C.M. 1947, 41-1729(1); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-108. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 22, Ch. 341, L. 1969; amd. Sec. 18, Ch. 182, L. 1975; R.C.M. 1947, 41-1729(2); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-109. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 26, Ch. 341, L. 1969; amd. Sec. 19, Ch. 182, L. 1975; R.C.M. 1947, 41-1733; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 144, Ch. 418, L. 1995; amd. Sec. 331, Ch. 546, L. 1995.  
  50-71-110. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 23, Ch. 341, L. 1969; R.C.M. 1947, 41-1730.  
  50-71-111. Short title. This part may be cited as the "Montana Occupational Safety and Health Act".   History: En. Sec. 1, Ch. 27, L. 2009.  
  50-71-112. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of labor and industry provided for in 2-15-1701.   (2) "Employee" has the meaning provided in 39-71-118.   (3) "Employer" has the meaning provided in 39-71-117.   (4) "Health" means protection against occupational illness.   (5) "Inspection" means an onsite review of a workplace by the department to determine compliance with standards adopted under this part.   (6) "Private sector employer" means any employer that is not a public sector employer. The term includes for-profit and not-for-profit employers.   (7) (a) "Public sector employee" means an employee of a public sector employer.   (b) The term does not include a contractor.   (8) "Public sector employer" means:   (a) a state agency;   (b) each county in the state;   (c) each municipality in the state;   (d) each school district or community college; and   (e) any other political subdivision of the state.   (9) "Safety" means protection against occupational injury or death.   (10) "Safety consultation services" has the meaning provided in 39-71-1503.   (11) "Standard" means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace.   (12) "State agency" means any branch of government, including a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget.   (13) "Workplace" means any site or location where an employee performs work for the employee's employer.   History: En. Sec. 2, Ch. 27, L. 2009.  
  50-71-113. Administrative authority -- funding. (1) The department has authority to administer the provisions of this part.   (2) In addition to administering the provisions of this part, the department may:   (a) promote occupational safety and health;   (b) educate employers and employees in occupational safety and health matters;   (c) conduct research regarding occupational safety and health data, topics, and techniques; and   (d) investigate occupational injuries, illnesses, and deaths involving public sector employees.   (3) The department may develop and operate a statewide employment safety program. The statewide employment safety program may include but is not limited to:   (a) a safety awareness component;   (b) an employee education component;   (c) an employer education component; and   (d) industry-specific initiatives.   (4) The activities of the department under the provisions of this part are funded by the occupational safety and health administration fund provided for in 50-71-128.   (5) The department may accept, receive, and administer gifts, grants, or other funds from public or private agencies and from the United States for the purpose of carrying out the provisions of this part. Funds received by the department under this subsection must be deposited into the fund provided for in 50-71-128.   History: En. Sec. 3, Ch. 27, L. 2009; amd. Sec. 4, Ch. 365, L. 2015.  
  50-71-114. Rulemaking -- variances. (1) The department may adopt appropriate standards for safety and health by administrative rule, including:   (a) any safety or health regulations promulgated by the federal occupational safety and health administration; and   (b) standards that are not inconsistent with federal safety and health regulation but that provide for a greater level of protection for employees.   (2) The department may adopt other rules that are reasonably necessary to implement this part.   (3) (a) The department may by rule:   (i) provide a procedure to grant a temporary variance from the particular provisions of a standard; and   (ii) permit the temporary use of other or different devices or methods than provided by the standard.   (b) A temporary variance may be granted only if the public sector employer:   (i) has an effective program for complying with the standard as quickly as is practicable;   (ii) is taking all available steps to safeguard public sector employees against the hazards covered by the standard; and   (iii) is unable to comply with the standard because:   (A) professional or technical personnel needed to implement compliance with the standard are temporarily unavailable;   (B) material or equipment needed to comply with the standard is temporarily unavailable; or   (C) necessary construction or alteration of facilities cannot be completed by the effective date of the standard.   History: En. Sec. 4, Ch. 27, L. 2009.  
  50-71-115. Applicability of standards -- exceptions. (1) The standards for safety and health and the enforcement rules adopted pursuant to this part apply to all public sector employers in this state and to public sector employees.  (2) The standards and enforcement rules adopted pursuant to this part do not apply to employment by:   (a) private sector employers;   (b) the federal government and its instrumentalities; or   (c) a federally recognized tribal government.   History: En. Sec. 5, Ch. 27, L. 2009; amd. Sec. 8, Ch. 240, L. 2021. 
  50-71-116. Duties of public sector employers and public sector employees. (1) Each public sector employer shall:   (a) furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to public sector employees;   (b) adopt and use practices, means, methods, operations, and processes that are adequate to render the workplace safe; and   (c) take appropriate actions necessary to protect the life, health, and safety of public sector employees.   (2) Each public sector employee shall comply with the safety and health standards, rules, and orders issued pursuant to this part as they apply to the public sector employee's own actions and conduct.   History: En. Sec. 6, Ch. 27, L. 2009.  
  50-71-117. Public sector employer records and reports. (1) Each public sector employer shall maintain records of occupational injuries, illnesses, and deaths as the department may require by rule.   (2) The department may inspect those records or require that the public sector employer submit those records to the department for its review.   (3) Except as otherwise provided by rule, a public sector employer complies with the requirements of this section if the public sector employer completes and submits a first report of injury form to the department or to the public sector employer's worker's compensation insurer within 30 days of the public sector employer becoming aware of an occupational injury, illness, or death suffered by a public sector employee.   History: En. Sec. 7, Ch. 27, L. 2009.  
  50-71-118. Inspections. (1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer's workplaces. A department employee conducting an inspection shall, upon request, present appropriate credentials to the public sector employer. The department shall invite a representative of the public sector employer and a representative of any labor organization that represents employees of the public sector employer who are working at the workplace that is to be inspected to accompany the department employee on the inspection. The labor organization representative must be on paid status while accompanying the department employee on the inspection.   (2) An inspection may be performed:   (a) periodically without prior notice or scheduling;   (b) at the request of the public sector employer;   (c) as the result of a complaint of a violation of a safety or health standard at a public sector employer's workplace;   (d) as part of a department investigation following a report of an occupational injury, illness, or death; or   (e) following the issuance of a citation, after the public sector employer has been given a reasonable opportunity to correct any violation of standards.   (3) A public sector employer may not interfere with a department inspection conducted pursuant to this section.   (4) The department may not unreasonably interfere with the operations of a public sector employer while conducting an inspection. An unscheduled inspection does not constitute unreasonable interference with the public sector employer's operations.   History: En. Sec. 8, Ch. 27, L. 2009.  
  50-71-119. Report of inspection -- violations -- penalty -- appeal process. (1) (a) The department shall make a written report of each inspection conducted under 50-71-118.   (b) The inspection report must include a list of violations of standards that the inspector discovered during the inspection. A violation of a standard by a public sector employee is attributable to the public sector employer for the purposes of this part.   (c) The department shall provide a copy of the inspection report to the public sector employer and to a representative of a labor organization that represents public sector employees at the workplace that was inspected.   (d) The public sector employer shall post a copy of the list of hazards included in the inspection report at one or more visible locations at the workplace that is the subject of the inspection report. The posting must be in a location likely to be seen by employees at that workplace.   (2) The department may issue a written citation to the public sector employer for a violation of a standard. The citation must specify:   (a) the nature of the violation;   (b) the standard that was violated; and   (c) a timeframe within which the public sector employer is required to correct the violation.   (3) (a) The department may impose upon a public sector employer a monetary penalty of not more than $1,000 for each violation for which a citation has been issued.   (b) The department may, in its sole discretion, waive or reduce a penalty under this subsection (3) if the public sector employer timely corrects or cures the violation for which the penalty was imposed.   (c) Monetary penalties collected pursuant to this subsection (3) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.   (4) (a) A public sector employer may appeal a citation or a penalty.   (b) An appeal to the department must be in writing and made within 30 days of the issuance of the citation.   (c) The appeal of a citation or a penalty is conducted as a contested case under Title 2, chapter 4.   History: En. Sec. 9, Ch. 27, L. 2009; amd. Sec. 5, Ch. 365, L. 2015.  
  50-71-120. Stop-work orders. (1) The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:   (a) the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;   (b) the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and   (c) the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:   (i) immediately correct the violation; or   (ii) suspend the unsafe operation until the violation is corrected.   (2) The temporary stop-work order must be in writing and specify:   (a) the location of the workplace;   (b) the specific standard that is being violated;   (c) the nature of the risk posed by the violation;   (d) the date and the time that the temporary stop-work order is issued; and   (e) the name, employment address, and work telephone number of the person issuing the temporary stop-work order.   (3) The temporary stop-work order is effective upon communication or delivery to any one of the following:   (a) the public sector employer's onsite supervisor at the workplace;   (b) the public sector employer's manager in charge of workplace operations; or   (c) the chief executive of the public sector employer.   (4) A copy of the temporary stop-work order must be promptly posted by the department at the workplace. A posted temporary stop-work order may not be removed by any person while it is in effect.   (5) A temporary stop-work order is effective for 72 hours unless:   (a) the violation is corrected to the satisfaction of the department; or   (b) the temporary stop-work order is stayed by order of a district court judge following actual notice to the department and the public sector employer.   (6) The violation of a temporary stop-work order or the unauthorized removal of a posted copy of a temporary stop-work order is punishable as a contempt of court.   (7) As used in this section, the term "serious bodily injury" has the same meaning as provided in 45-2-101.   History: En. Sec. 10, Ch. 27, L. 2009.  
  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.   History: En. Sec. 11, Ch. 27, L. 2009.  
  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.   History: En. Sec. 12, Ch. 27, L. 2009.  
  50-71-123. Retaliation prohibited. A public sector employer may not retaliate against a public sector employee who:   (1) contacts the department with a complaint of a violation of a standard in the workplace;   (2) cooperates with the department in the performance of an inspection or an investigation; or   (3) testifies or cooperates with the department in any case arising out of:   (a) an inspection;   (b) an investigation;   (c) a citation;   (d) a temporary stop-work order; or   (e) a civil action seeking injunctive relief.   History: En. Sec. 13, Ch. 27, L. 2009.  
  50-71-124 through 50-71-127 reserved.  
  50-71-128. Occupational safety and health administration fund. (1) (a) An occupational safety and health administration fund is established, out of which are to be paid upon lawful appropriation all costs incurred by the department on or after July 1, 2016, in administering Title 50, chapters 71, 72, and 73.   (b) The department shall collect and deposit in the state treasury to the credit of the occupational safety and health administration fund:   (i) all penalties assessed under 50-71-119;   (ii) all expenses recovered under 50-72-106 and 50-73-107;   (iii) all fees paid by an assessment on paid losses, plus administrative fines and interest provided by this section; and   (iv) any grants or funds from private entities or the federal government intended for use by the department in defraying occupational safety and health costs.   (2) For the purposes of this section, the term "paid losses" has the meaning provided in 39-71-201.   (3) Each plan No. 1 employer, plan No. 2 insurer subject to the provisions of this section, and plan No. 3, the state fund, shall file annually on March 1 in the form and containing the information required by the department a report of paid losses.   (4) Each employer enrolled under compensation plan No. 1, compensation plan No. 2, or compensation plan No. 3, the state fund, shall pay its proportionate share, as determined by the paid losses in the preceding calendar year, of all costs appropriated for the next fiscal year for the purposes of administering Title 50, chapters 71, 72, and 73.   (5) (a) Each employer enrolled under compensation plan No. 1 shall pay an assessment to fund administrative and regulatory costs. The assessment may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of the plan No. 1 employer. Any entity, other than the department, that assumes the obligations of an employer enrolled under compensation plan No. 1 is considered to be the employer for the purposes of this section.   (b) An employer formerly enrolled under compensation plan No. 1 shall pay an assessment to fund administrative and regulatory costs. The assessment may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of the employer for claims arising out of the time when the employer was enrolled under compensation plan No. 1.   (c) By April 30 of each year, the department shall notify employers described in subsections (5)(a) and (5)(b) of the percentage of the assessment that comprises the compensation plan No. 1 proportionate share of administrative and regulatory costs. The assessment provided for by this subsection (5) must be paid by the employer in:   (i) one installment due on July 1; or   (ii) two equal installments due on July 1 and December 31 of each year.   (d) If an employer fails to timely pay to the department the assessment under this section, the department may impose on the employer an administrative fine of $500 plus interest on the delinquent amount at the annual interest rate of 12%. Administrative fines and interest must be deposited in the occupational safety and health administration fund.   (6) (a) Each employer insured under compensation plan No. 2 or plan No. 3, the state fund, shall pay a premium surcharge to fund administrative and regulatory costs. The premium surcharge must be collected by each plan No. 2 insurer and by plan No. 3, the state fund, from each employer that it insures. The premium surcharge must be stated as a separate cost on an insured employer's policy or on a separate document submitted to the insured employer and must be identified as "occupational safety and health regulatory assessment surcharge". The premium surcharge must be excluded from the definition of premiums for all purposes, including computation of insurance producers' commissions or premium taxes. However, an insurer may cancel a workers' compensation policy for nonpayment of the premium surcharge. When collected, assessments may not constitute an element of loss for the purpose of establishing rates for workers' compensation insurance but, for the purpose of collection, must be treated as a separate cost imposed on insured employers.   (b) (i) The amount to be funded by the premium surcharge may be up to 2% of the paid losses that were paid in the preceding calendar year by or on behalf of all plan No. 2 insurers and may be up to 2% of paid losses for claims arising on or after July 1, 1990, for plan No. 3, the state fund, plus or minus any adjustments as provided by subsection (6)(f).   (ii) The amount determined under subsection (6)(b)(i) must be divided by the total premium paid by all employers enrolled under compensation plan No. 2 or plan No. 3, the state fund, during the preceding calendar year.   (iii) A single premium surcharge rate, applicable to all employers enrolled in compensation plan No. 2 or plan No. 3, the state fund, must be calculated annually by the department by not later than April 30. The resulting rate, expressed as a percentage, is levied against the premium paid by each employer enrolled under compensation plan No. 2 or plan No. 3, the state fund, in the next fiscal year.   (c) On or before April 30 of each year, the department, in consultation with the advisory organization designated pursuant to 33-16-1023, shall notify plan No. 2 insurers and plan No. 3, the state fund, of the premium surcharge percentage to be effective for policies written or renewed annually on and after July 1 of that year.   (d) The premium surcharge must be paid whenever the employer pays a premium to the insurer. Each insurer shall collect the premium surcharge levied against every employer that it insures. Each insurer shall pay to the department all money collected as a premium surcharge within 20 days of the end of the calendar quarter in which the money was collected. If an insurer fails to timely pay to the department the premium surcharge collected under this section, the department may impose on the insurer an administrative fine of $500 plus interest on the delinquent amount at the annual interest rate of 12%. Administrative fines and interest must be deposited in the occupational safety and health administration fund.   (e) If an employer fails to remit to an insurer the total amount due for the premium and premium surcharge, the amount received by the insurer must be applied to the premium surcharge first and the remaining amount applied to the premium due.   (f) The amount actually collected as a premium surcharge in a given year must be compared to the assessment on the paid losses paid in the preceding year. Any excess amount collected must be deducted from the amount to be collected as a premium surcharge in the following year. The amount collected that is less than the assessed amount must be added to the amount to be collected as a premium surcharge in the following year.   (7) By July 1, an insurer under compensation plan No. 2 that paid benefits in the preceding calendar year but that will not collect any premium for coverage in the following fiscal year shall pay an assessment of up to 2% of the paid losses that were paid in the preceding calendar year. The department shall determine and notify the insurer by April 30 of each year of the amount that is due by July 1.   (8) The department shall deposit all funds received pursuant to this section in the state treasury, as provided in this section.   (9) The administration fund must be debited with expenses incurred by the department in the general administration of the provisions of Title 50, chapters 71, 72, and 73, including the salaries of its members, officers, and employees and the travel expenses of the members, officers, and employees, as provided for in 2-18-501 through 2-18-503, incurred while on the business of the department either within or without the state.   (10) Disbursements from the administration fund must be made after being approved by the department upon claim for disbursement.   (11) The department may assess and collect the occupational safety and health regulatory assessment surcharge from uninsured employers, as defined in 39-71-501, that fail to properly comply with the coverage requirements of the Workers' Compensation Act. Any amounts collected by the department pursuant to this subsection must be deposited in the occupational safety and health administration fund.   History: En. Sec. 8, Ch. 365, L. 2015.  
  50-71-201. Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices. Each employer shall:   (1) furnish a place of employment that is safe for each of the employer's employees;   (2) with the exception of footwear, purchase, furnish, and require the use of health and safety devices, safeguards, protective safety clothing, or other health and safety items, including but not limited to air masks, hardhats, and protective gloves, that may be required by state or federal law, the employer, or the terms of an employment contract unless the terms of a collective bargaining agreement provide otherwise;   (3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and   (4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.   History: En. Sec. 3, Ch. 341, L. 1969; R.C.M. 1947, 41-1710; amd. Sec. 1, Ch. 298, L. 1991; amd. Sec. 1869, Ch. 56, L. 2009.  
  50-71-202. Employer to provide and maintain safe place of employment. (1) An employer who is the owner or lessee of any real property in this state shall not construct or cause to be constructed or maintained any place of employment that is unsafe.   (2) Every employer who is the owner of a place of employment or lessee thereof shall repair and maintain the same as to render it safe.   History: En. Sec. 4, Ch. 341, L. 1969; R.C.M. 1947, 41-1711.  
  50-71-203. Removal of or refusal to use health and safety items prohibited. A person may not:   (1) remove, displace, damage, destroy, carry off, or refuse to use any health and safety device, safeguard, protective clothing, or other health and safety item furnished for use by the person's employer;   (2) interfere with the use of any required health and safety device, safeguard, protective clothing, or other health and safety item by any other person;   (3) interfere with the use of a method or process adopted for the protection of an employee in the place of employment; or   (4) fail to do any other thing reasonably necessary to protect the life, health, and safety of employees.   History: En. Sec. 5, Ch. 341, L. 1969; R.C.M. 1947, 41-1712; amd. Sec. 2, Ch. 298, L. 1991; amd. Sec. 1870, Ch. 56, L. 2009.  
  50-71-204. Definitions. Unless the context requires otherwise, in this part, the following definitions apply:   (1) "Employee" and "worker" have the meanings provided in 39-71-118.   (2) "Employer" has the meaning provided in 39-71-117.   History: En. Sec. 2, Ch. 341, L. 1969; amd. Sec. 1, Ch. 182, L. 1975; R.C.M. 1946, 41-1709; amd. Sec. 48, Ch. 613, L. 1989; amd. Sec. 17, Ch. 27, L. 2009; Sec. 50-71-102, MCA 2007; redes. 50-71-204 by Sec. 24(2), Ch. 27, L. 2009.  
  50-71-301. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 8, Ch. 341, L. 1969; amd. Sec. 4, Ch. 182, L. 1975; R.C.M. 1947, 41-1715; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-302. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 9, Ch. 341, L. 1969; amd. Sec. 5, Ch. 182, L. 1975; R.C.M. 1947, 41-1716; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-303. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 7, Ch. 341, L. 1969; amd. Sec. 3, Ch. 182, L. 1975; R.C.M. 1947, 41-1714; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-304 through 50-71-310 reserved.  
  50-71-311. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-312. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-313. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(part).  
  50-71-314. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 20, Ch. 341, L. 1969; amd. Sec. 16, Ch. 182, L. 1975; R.C.M. 1947, 41-1727(2); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-315. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 21, Ch. 341, L. 1969; amd. Sec. 17, Ch. 182, L. 1975; R.C.M. 1947, 41-1728(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-316. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 21, Ch. 341, L. 1969; amd. Sec. 17, Ch. 182, L. 1975; R.C.M. 1947, 41-1728(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-317 through 50-71-320 reserved.  
  50-71-321. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 18, Ch. 341, L. 1969; amd. Sec. 14, Ch. 182, L. 1975; R.C.M. 1947, 41-1725; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 307, L. 1997.  
  50-71-322. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 19, Ch. 341, L. 1969; amd. Sec. 15, Ch. 182, L. 1975; R.C.M. 1947, 41-1726; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-323. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 10, Ch. 341, L. 1969; amd. Sec. 6, Ch. 182, L. 1975; R.C.M. 1947, 41-1717; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 11, Ch. 514, L. 1995.  
  50-71-324. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 12, Ch. 341, L. 1969; amd. Sec. 8, Ch. 182, L. 1975; R.C.M. 1947, 41-1719; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-325. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 11, Ch. 341, L. 1969; amd. Sec. 7, Ch. 182, L. 1975; R.C.M. 1947, 41-1718(1) thru (4); amd. Sec. 23, Ch. 37, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-326. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 11, Ch. 341, L. 1969; amd. Sec. 7, Ch. 182, L. 1975; R.C.M. 1947, 41-1718(5); amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-327. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 13, Ch. 341, L. 1969; amd. Sec. 9, Ch. 182, L. 1975; R.C.M. 1947, 41-1720; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-328 through 50-71-330 reserved.  
  50-71-331. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 15, Ch. 341, L. 1969; amd. Sec. 11, Ch. 182, L. 1975; R.C.M. 1947, 41-1722; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-332. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 16, Ch. 341, L. 1969; amd. Sec. 12, Ch. 182, L. 1975; R.C.M. 1947, 41-1723; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-333. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 17, Ch. 341, L. 1969; amd. Sec. 13, Ch. 182, L. 1975; R.C.M. 1947, 41-1724; amd. Sec. 64, Ch. 613, L. 1989.  
  50-71-334. Repealed. Sec. 22, Ch. 27, L. 2009.   History: En. Sec. 14, Ch. 341, L. 1969; amd. Sec. 10, Ch. 182, L. 1975; R.C.M. 1947, 41-1721; amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-101. Applicability of chapter. This chapter shall apply to all mines (except coal and lignite) and individuals, owners, lessors, lessees, agents, partnerships, corporations, managers, operators, or employers operating any surface or underground metal or nonmetallic mines in this state. These individuals, owners, lessors, lessees, agents, partnerships, corporations, managers, operators, or employers operating any surface or underground metal or nonmetallic mines (excluding coal and lignite) shall report the same to the department, state the name of the mine, the location of the same, the name of the company, person, or persons owning or operating the same, post-office address, and number of persons employed.   History: En. Sec. 6, Ch. 98, L. 1903; re-en. Sec. 1720, Rev. C. 1907; re-en. Sec. 3425, R.C.M. 1921; re-en. Sec. 3425, R.C.M. 1935; amd. Sec. 3, Ch. 310, L. 1971; amd. Sec. 22, Ch. 182, L. 1975; R.C.M. 1947, 50-108; amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-102. Definitions. (1) "Authorized representative" means mine inspector or any other person employed or authorized by the department to perform any and all duties under this chapter.   (2) "Corporation" means a body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties, including the capacity of succession.   (3) "Department" means the department of labor and industry.   (4) "Employee" means every person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as hereinafter defined, in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written, whether lawfully or unlawfully employed and whether the employment is casual or otherwise.   (5) "Employer" means every person, firm, partnership, corporation, or association, including an independent contractor, who has any person in service in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written.   (6) "Inspector" means a person employed by the department to inspect metallic and nonmetallic mines, mills, smelters, or quarries as provided in this chapter.   (7) "Mine" means any mine or excavation when clay, metallic ore, mineral, gypsum, or rock is dug or mined, whether on surface or underground, where metal-bearing ores or nonmetallic mineral commodities (exclusive of coal or lignite) are dug or mined whether at the surface or underground.   (8) "Notice" means a written notice, work order, or correction notice issued by an authorized representative of the department, which notice specifies a violation and directs or recommends corrective measures and may specify a definite date or time in which to abate said violation.   (9) "Occupational health" means any of those health conditions that occur as a result of employment in a mine.   (10) "Order" means and includes any decision, rule, regulation, direction, requirement, or standard set, adopted, or issued by the department or any other determination or decision made by the department.   History: En. 50-119 by Sec. 5, Ch. 310, L. 1971; amd. Sec. 24, Ch. 182, L. 1975; R.C.M. 1947, 50-119; amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-103. Injunctions and other civil relief authorized. A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office whenever an operator:   (1) violates or fails or refuses to comply with any order, rule, or regulation issued under this chapter;   (2) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;   (3) refuses to admit an authorized representative of the department to any mine which is subject to this chapter;   (4) refuses to permit the inspection or investigation of any mine which is subject to this chapter or an accident, injury, or occupational disease occurring in or connected with such a mine; or   (5) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter.   History: En. Sec. 4, Ch. 72, L. 1911; re-en. Sec. 3435, R.C.M. 1921; re-en. Sec. 3435, R.C.M. 1935; amd. Sec. 4, Ch. 310, L. 1971; amd. Sec. 23, Ch. 182, L. 1975; R.C.M. 1947, 50-118(a); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-104. Violations a misdemeanor. (1) Any person who knowingly:   (a) violates or fails or refuses to comply with any order, rule, or regulation issued under this chapter;   (b) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;   (c) refuses to admit an authorized representative of the department to any mine which is subject to this chapter;   (d) refuses to permit the inspection or investigation of any mine which is subject to this chapter or an accident, injury, or occupational disease occurring in or connected with such a mine; or   (e) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter, shall be guilty of a misdemeanor and shall upon conviction thereof be punished for each such offense by a fine of not less than $100 or more than $3,000, by imprisonment in the county jail not exceeding 6 months, or both.   (2) In any instance in which such offense is committed by a corporation, any officer or authorized representative of such corporation who knowingly permits such offense to be committed shall upon conviction be subject to the same fine or imprisonment, or both.   History: En. Sec. 4, Ch. 72, L. 1911; re-en. Sec. 3435, R.C.M. 1921; re-en. Sec. 3435, R.C.M. 1935; amd. Sec. 4, Ch. 310, L. 1971; amd. Sec. 23, Ch. 182, L. 1975; R.C.M. 1947, 50-118(b); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-105. Mine safety training -- recovery of expenses. (1) The department may conduct mine safety training for mine operators, miners, and other persons working in and around mines.   (2) When providing mine safety training, the department shall schedule the training in a cost-effective manner, while taking into account the needs of training participants and the mining industry.   (3) The department shall provide mine safety training without charge for instruction, but the department may recover reasonable expenses incurred in producing materials distributed to participants.   History: En. Sec. 1, Ch. 60, L. 2013.  
  50-72-106. Safety and industrial health consultation services authorized -- recovery of expenses. (1) The department may provide onsite safety and industrial health consultation services to mine operators that request onsite safety and industrial health consultation services.   (2) The department may not charge for the consultation provided by this section, but it may recover from the mine operator the cost of test kits, sampling media, associated laboratory fees, and other reasonable expenses incurred during the consultation.   (3) Expenses recovered pursuant to subsection (2) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.   History: En. Sec. 2, Ch. 60, L. 2013; amd. Sec. 6, Ch. 365, L. 2015.  
  50-72-201. Inspectors. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspections of mines by federal inspectors, the department is not authorized to conduct inspections of those mines. If regular inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, the department is authorized to employ an adequate number of qualified metallic and nonmetallic mine inspectors necessary for the enforcement of this chapter and shall prescribe their powers, duties, and responsibilities.   (2) The department is authorized to employ an adequate number of qualified inspectors for sand and gravel mining operations and to prescribe the powers, duties, and responsibilities of those inspectors.   History: En. Sec. 1, p. 109, L. 1897; re-en. Sec. 1711, Rev. C. 1907; amd. Sec. 1, Ch. 71, L. 1909; amd. Sec. 1, Ch. 22, L. 1921; re-en. Sec. 3418, R.C.M. 1921; re-en. Sec. 3418, R.C.M. 1935; amd. Sec. 1, Ch. 310, L. 1971; amd. Sec. 20, Ch. 182, L. 1975; R.C.M. 1947, 50-101; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 2, Ch. 307, L. 1997.  
  50-72-202. Inspections and investigations -- when authorized. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977 is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspection of mines by federal inspectors, the department is not authorized to make inspections in those mines. If inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, the department is authorized to make inspections and investigations that are necessary in surface and underground mines that are subject to this chapter:   (a) for the purpose of obtaining, using, and disseminating information relating to health and safety conditions in mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in surface and underground mines; and   (b) for the purpose of determining whether or not there is compliance with a health and safety standard or order issued under this chapter.   (2) The department is authorized to make inspections and investigations with respect to sand and gravel mining operations for the purposes prescribed under subsections (1)(a) and (1)(b).   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(a); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 3, Ch. 307, L. 1997.  
  50-72-203. Inspectors and investigators to have free access to mines. For the purpose of making any inspection or investigation authorized by this chapter, authorized representatives of the department shall have the right of entry to, upon, or through any mine which is subject to this chapter.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(b); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-204. Debarment of persons from mine when death or serious injury likely. If, upon any inspection of a mine that is subject to this chapter, authorized representatives of the department find that the conditions or practices in the mine are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before the threat of the danger can be eliminated, the representatives shall determine the extent of the area of the mine throughout which the danger exists. Upon that determination, the representatives of the department shall issue an order requiring the operator of the mine to cause all persons to be withdrawn from and to be barred from entering the area, except the following persons whose presence in the area is necessary to eliminate the danger described in the order:   (1) any person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger described in the order;   (2) any public official whose official duties require the official to enter the area;   (3) any legal or technical consultant or any representative of the employees of the mine who is a person qualified to make mine examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(c); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1874, Ch. 56, L. 2009.  
  50-72-205. Procedure when noncompliance not likely to cause death or serious injury. (1) If, upon any inspection or investigation, an authorized representative finds that there has been a failure to comply with a mandatory standard that is applicable to a 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, the representative 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.   (2) If, upon the expiration of the period of time as originally fixed or extended, the authorized representative finds that the violation has not been totally abated and if the representative also finds that the period of time should not be further extended, the representative shall also determine the extent of the area that is affected by the violation. After the determination, the department shall make an order requiring the operator of the mine to cause all persons in that area to be withdrawn from and to be barred from entering the area, except for the following persons whose presence in the area is necessary to abate the violation described in the order:   (a) any person whose presence in the area is necessary in the judgment of the operator of the mine to abate the violation described in the order;   (b) any public official whose official duties require the official to enter the area;   (c) any legal or technical consultant or any 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 described in the order.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(d); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1875, Ch. 56, L. 2009.  
  50-72-206. Requirements as to findings, notices, and orders. (1) Findings and orders issued pursuant to this part shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard and a description of the area of the mine throughout which persons must be withdrawn and debarred.   (2) Each finding made and notice or order issued under this part shall be given promptly to the operator of the mine to which it pertains by the person making such finding or order, and all such findings, orders, and notices shall be in writing and shall be signed by the person making them.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(part).  
  50-72-207. Notice or order subject to annulment, cancellation, or revision. A notice or order issued by an authorized representative pursuant to this part may be annulled, canceled, or revised by the authorized representative, and in case of a department order, the department may annul, cancel, or revise the order.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-208. Order subject to review. The order of the duly authorized representative of the department shall remain in effect but shall immediately be subject to review as provided in this chapter.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(g); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-209. Right to hearing. (1) An operator notified of an order made pursuant to 50-72-204 may apply to the department for a hearing, revision, or annulment of such order. Whenever the department after such a hearing, upon complaint or upon its own motion, finds that danger throughout the area of such mine as set out in such order existed at the time of making the inspection, it shall make an order denying a revision or annulment; but if it finds that such danger did not exist throughout the area of such mine, it shall make an order consistent with its findings revising or annulling the order under review.   (2) An operator notified of an order made pursuant to 50-72-205 may apply to the department for a hearing or revision of such order. If the department finds that there was no violation, it shall make an order annulling the order under review. If the department finds that there was such a violation, but such violation has since been abated, it shall make an order annulling the order under review. If the department finds that such violation was not totally abated, it shall make an order consistent with its findings.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(h), (i); amd. Sec. 64, Ch. 613, L. 1989.  
  50-72-210. Actions or decisions under part to be taken as rapidly as possible. In view of the urgent need for prompt decisions of matters submitted to the department under this part, all actions which the department or its authorized representatives are required to take under this part shall be taken as rapidly as practical, consistent with adequate consideration of the issues involved.   History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(j); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-101. Short title. This chapter shall be known and may be cited as the "Montana Coal Mining Code".   History: En. Sec. 1, Ch. 120, L. 1911; re-en. Sec. 3447, R.C.M. 1921; re-en. Sec. 3447, R.C.M. 1935; amd. Sec. 1, Ch. 267, L. 1974; R.C.M. 1947, 50-401.  
  50-73-102. Definitions. As used in this chapter, the following definitions apply:   (1) "Department" means the department of labor and industry and the state coal mine inspectors employed by the department.   (2) "Excavations" and "workings" mean all parts of a mine excavated or being excavated, including shafts, slopes, tunnels, entries, rooms, and working places, whether abandoned or in use.   (3) "Mine" and "coal mine" mean all parts of the property of a mining plant under one management that contribute, directly or indirectly, to the mining or handling of coal.   (4) "Mine examiner" means a person charged with the examination of the condition of the mine before the miners are permitted to enter the mine and who is commonly known as the "fire boss".   (5) "Mine supervisor" means a person who is charged with the general direction of the underground work or both the underground work and the outside work of a coal mine and who is commonly known and designated as "mine boss".   (6) "Operator", as applied to the entity in control of a mine under this chapter, means the person, firm, or body corporate that is the immediate proprietor as owner or lessee of the mine and, as such, is responsible for the condition and management of the mine.   (7) "Shaft" means any vertical opening through the strata that is or may be used for the purpose of ventilation or escape or for hoisting or lowering of workers or material in connection with the mining of coal.   (8) "Slope" and "drift" mean respectively an incline or horizontal way, opening, or tunnel to a seam of coal to be used for the same purpose as a shaft.   (9) "Written inspection report" means a report prepared by the department identifying safety and health hazards noted during a mine inspection. The term includes any citation or order issued by the department that refers to a violation of safety or health standards at the mine.   History: En. 50-401.1 by Sec. 2, Ch. 267, L. 1974; R.C.M. 1947, 50-401.1; amd. Sec. 109, Ch. 370, L. 1987; amd. Sec. 49, Ch. 613, L. 1989; amd. Sec. 18, Ch. 27, L. 2009; amd. Sec. 1876, Ch. 56, L. 2009.  
  50-73-103. Department authorized to adopt rules. The department may adopt rules to carry out the provisions of this chapter and safety standards for all coal mines in this state.   History: En. 50-412.1 by Sec. 8, Ch. 267, L. 1974; R.C.M. 1947, 50-412.1; amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-104. Injunction and other civil relief authorized. A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other appropriate order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office when an operator:   (1) violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;   (2) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;   (3) refuses to admit an authorized representative of the department to a mine which is subject to this chapter;   (4) refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or   (5) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter.   History: En. Sec. 50-481 by Sec. 32, Ch. 267, L. 1974; R.C.M. 1947, 50-481(1); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-105. Violations a misdemeanor. (1) A person who knowingly:   (a) violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;   (b) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;   (c) refuses to admit an authorized representative of the department to a mine;   (d) refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or   (e) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter is guilty of a misdemeanor and shall be punished for each offense by a fine of not less than $100 or more than $3,000, by imprisonment in the county jail not exceeding 6 months, or both.   (2) In an instance in which the offense is committed by a corporation, an officer or authorized representative of the corporation who knowingly permits the offense to be committed is subject to the same fine or imprisonment, or both.   History: En. Sec. 50-481 by Sec. 32, Ch. 267, L. 1974; R.C.M. 1947, 50-481(2); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-106. Mine safety training -- recovery of expenses. (1) The department may conduct mine safety training for mine operators, miners, and other persons working in and around mines.   (2) When providing mine safety training, the department shall schedule the training in a cost-effective manner, while taking into account the needs of training participants and the mining industry.   (3) The department shall provide mine safety training without charge for instruction, but the department may recover reasonable expenses incurred in producing materials distributed to participants.   History: En. Sec. 1, Ch. 60, L. 2013.  
  50-73-107. Safety and industrial health consultation services authorized -- recovery of expenses. (1) The department may provide onsite safety and industrial health consultation services to mine operators that request onsite safety and industrial health consultation services.   (2) The department may not charge for the consultation provided by this section, but it may recover from the mine operator the cost of test kits, sampling media, associated laboratory fees, and other reasonable expenses incurred during the consultation.   (3) Expenses recovered pursuant to subsection (2) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.   History: En. Sec. 2, Ch. 60, L. 2013; amd. Sec. 7, Ch. 365, L. 2015.  
  50-73-201. Operator to make map of coal mine. Every operator of every coal mine in this state shall make or cause to be made an accurate map or plan of the mines, drawn to a scale of not less than 200 feet to 1 inch and as much larger as practicable, on which shall appear the name of the state, county, and township in which the mine is located, the designation of the mine, the name of the company or owner, the certificate of the certified engineer or surveyor as to the accuracy and date of the survey, the north point, and the scale to which the drawing is made.   History: En. Sec. 37, Ch. 120, L. 1911; re-en. Sec. 3479, R.C.M. 1921; re-en. Sec. 3479, R.C.M. 1935; amd. Sec. 9, Ch. 267, L. 1974; R.C.M. 1947, 50-428.  
  50-73-202. Map of the surface. Every map or plan or, at the option of the operator, a separate map shall show the surface boundary lines contiguous to the workings and pertaining to each mine, all section or quarter-section lines and corners, town lots and streets, the tracts and side tracts of all railroads, the location of all wagon roads, rivers, streams, ponds, buildings, landmarks, and principal objects on the surface within the boundary lines; and in all cases, if of an underground mine, it shall be drawn on a transparency so that it can be laid upon the map of the underground workings and indicate the relative location of the lines and objects on the surface to the excavations of the mine.   History: En. Sec. 40, Ch. 120, L. 1911; re-en. Sec. 3482, R.C.M. 1921; re-en. Sec. 3482, R.C.M. 1935; amd. Sec. 12, Ch. 267, L. 1974; R.C.M. 1947, 50-431.  
  50-73-203. Map of underground working. For the underground working, the map shall show all power distribution and ventilation in mines and all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous mine; all excavations, entries, rooms, and crosscuts; the rise or dip of the seam from the bottom of the shaft, mouth of drift, or slope in either direction to the face of the workings; the location of the fan; the location of the permanent pumps, hauling engines, engine-planes, and fire walls; the location of any standing water which might prove a menace to life or danger to property from flood; and the line of any contiguous surface outcrop of the seam.   History: En. Sec. 38, Ch. 120, L. 1911; re-en. Sec. 3480, R.C.M. 1921; re-en. Sec. 3480, R.C.M. 1935; amd. Sec. 13, Ch. 185, L. 1949; amd. Sec. 10, Ch. 267, L. 1974; amd. Sec. 7, Ch. 39, L. 1977; R.C.M. 1947, 50-429.  
  50-73-204. Map for every seam. A separate and similar map for all active mining areas drawn to the same scale in all cases shall be made of every seam which shall be worked in any mine, and the maps of all seams shall show all shafts, drifts, tunnels, incline planes, or other passageways connecting them.   History: En. Sec. 39, Ch. 120, L. 1911; re-en. Sec. 3481, R.C.M. 1921; re-en. Sec. 3481, R.C.M. 1935; amd. Sec. 11, Ch. 267, L. 1974; R.C.M. 1947, 50-430.  
  50-73-205. Copies of maps for department. The original or true copies of all maps must be kept in the office at the mine, and true copies must also be furnished to the department upon request. The maps delivered to the department become the property of the state. The maps must be kept at the office of the department and are open to inspection by all persons interested in them. An examination may only be made in the presence of a department inspector, and the inspector may not permit any copies of the maps to be made without the written consent of the operator or owner of the property, under penalty of removal from office.   History: En. Sec. 41, Ch. 120, L. 1911; re-en. Sec. 3483, R.C.M. 1921; re-en. Sec. 3483, R.C.M. 1935; amd. Sec. 13, Ch. 267, L. 1974; R.C.M. 1947, 50-432; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1877, Ch. 56, L. 2009; amd. Sec. 4, Ch. 51, L. 2019.  
  50-73-206. Maps to be updated on basis of semiannual surveys. An extension of the last preceding survey of every mine in active operation shall be made once every 6 months, and the result of the survey, with the date, must be promptly and accurately entered upon the original maps to show all changes in plan or new work in the mine and all extensions of the workings to the most advanced boundary of the workings that have been made since the preceding survey.   History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 5, Ch. 51, L. 2019.  
  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.   History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(2); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1878, Ch. 56, L. 2009.  
  50-73-208. Final survey and map update when mine abandoned or worked out. (1) When a coal mine is worked out, is about to be abandoned, or indefinitely closed, the operator shall make or cause to be made a final survey of all available parts of the mine, and the results shall be duly extended on all maps and copies of the mine to show all excavations and the most advanced workings of the mine and their exact relations to the boundary or section lines on the surface.   (2) The department may order a survey to be made of the workings of a mine which is about to be abandoned or of which it has reason to believe the maps are inaccurate whenever in its judgment the safety of the workers, the support of the surface, the conservation of the property, or the safety of an adjoining mine requires it. The survey shall be at the expense of the state.   History: En. Sec. 43, Ch. 120, L. 1911; re-en. Sec. 3485, R.C.M. 1921; re-en. Sec. 3485, R.C.M. 1935; amd. Sec. 15, Ch. 267, L. 1974; R.C.M. 1947, 50-434; amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-209. Procedure when operator fails to furnish or update map. When the operator of a mine neglects or refuses or fails to respond to the department's request for a copy of a map or an updated map for any cause considered unsatisfactory by the department, the department may make or cause to be made an accurate map or plan of the mine at the expense of the owner or lessee, and the cost may be recovered from the owner, lessee, or operator in the same manner as other debts by suit in the name of the state.   History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 6, Ch. 51, L. 2019.  
  50-73-210. Restrictions as to boundary lines. In no case shall the workings of a coal mine be driven nearer than 50 feet to the boundary line of the coal rights pertaining to the mine, except for the purpose of establishing connecting workings between properties owned by the same person or an underground communication between contiguous mines as provided for elsewhere in rules adopted by the department.   History: En. 50-434.1 by Sec. 16, Ch. 267, L. 1974; R.C.M. 1947, 50-434.1; amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-301. Operator to report amount of coal produced. Within 15 days after the close of each calendar month, the operator of a coal mine shall report to the department the tons of coal produced each day during the preceding month.   History: En. 50-477 by Sec. 20, Ch. 267, L. 1974; R.C.M. 1947, 50-477(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-302. Hoisting -- licensing of hoisting engineers. Hoisting of personnel and licensing of hoisting engineers shall be performed in mines under the provisions of the law and rules and standards adopted by the department.   History: En. 50-479 by Sec. 22, Ch. 267, L. 1974; R.C.M. 1947, 50-479; amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-303. Nonpermissible internal-combustion engines. Nonpermissible internal-combustion engines or other machinery which gives off noxious fumes may not be permitted underground in any coal mine.   History: En. 50-567.1 by Sec. 17, Ch. 267, L. 1974; R.C.M. 1947, 50-467.1.  
  50-73-304. Owner to provide and maintain airways. The owner, lessee, or operator of every coal mine shall provide and maintain airways of sufficient dimensions, and in no case shall the area of the aircourse be less than 25 square feet in mines operated in any underground system.   History: En. Sec. 69, Ch. 120, L. 1911; re-en. Sec. 3511, R.C.M. 1921; re-en. Sec. 3511, R.C.M. 1935; amd. Sec. 18, Ch. 267, L. 1974; R.C.M. 1947, 50-468.  
  50-73-305. Specific prohibitions and safety precautions. (1) A person may not enter a mine that is generating firedamp in great enough quantities to be detected by a safety lamp until the mine examiners make a report to the department.   (2) A person, unless accompanied by the mine examiner, may not go beyond a danger signal until all standing gas discovered has been removed or diluted and rendered harmless by a current of air. A person ordered to withdraw by the mine supervisor or mine examiner from the mine on account of the interruption of the ventilation may not reenter the mine until given permission to do so by the mine supervisor.   (3) A person other than the mine examiner may not remove any caution board or danger signal placed at the entrance to any working place or at the entrance to any old workings in a mine.   (4) A person may not erase or change a mark of reference or monument made in connection with a measurement, change marks or dates on any caution board, erase or change the dates at room or entry face when made by the mine examiner, take for the person's use a life check not issued to the person under rules adopted by the department, change the checks on cars, wrongfully check a car, or do any act with intent to defraud.   (5) A person may not take anything containing fire into an underground mine, except as provided for in rules adopted by the department.   (6) A person may not place refuse in or obstruct an airway or breakthrough used as an airway. A worker or other person may not damage or alter a water gauge, barometer, aircourse, brattice equipment, machinery, or livestock, obstruct or throw open any airway, handle or disturb any part of the machinery of the hoisting engine of a mine, open a door of a mine and neglect to close it, endanger the miners or those working in the mine, disobey an order given in pursuance of law, or do a willful act endangering the lives or health of persons working there or the security of a mine or machinery.   History: En. 50-476 by Sec. 19, Ch. 267, L. 1974; amd. Sec. 8, Ch. 39, L. 1977; R.C.M. 1947, 50-476; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1879, Ch. 56, L. 2009.  
  50-73-306. Operator to give notice of happening of certain occurrences. Immediate notice must be conveyed to the department by the operator interested:   (1) when an accident occurs whereby a person receives serious or fatal injury;   (2) when work is commenced to sink a shaft, slope, or drift either for hoisting or escape purposes;   (3) when there is intent to abandon a mine or to reopen an abandoned mine;   (4) upon the appearance of a large body of firedamp in a mine, whether accompanied by explosion or not, and upon the occurrence of a serious fire within the mine or on the surface around the mine;   (5) when the workings of a mine are approaching near an abandoned mine believed to contain accumulation of water or gas; or   (6) upon the accidental closing or intended abandonment of a regularly established passageway to an escape outlet.   History: En. 50-477 by Sec. 20, Ch. 267, L. 1974; R.C.M. 1947, 50-477(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-307. Operator to make and preserve record of all injuries. An operator of a coal mine or the operator's agent shall make and preserve for the information of the department, upon uniform blanks furnished by the department, a record of all injuries sustained by any employees on the premises.   History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1880, Ch. 56, L. 2009.  
  50-73-308. Operator to notify miners' organization of mine fatality. The operator shall, upon being notified of a fatality in a coal mine, relay that information promptly to the district office of the miners' organization.   History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part).  
  50-73-401. Coal mine inspector. (1) The department shall employ an adequate number of qualified coal mine inspectors for the enforcement of this chapter and shall prescribe their duties.   (2) A person is not eligible to be a state coal mine inspector unless the person is a citizen of the United States, is a resident of this state, and has been actually employed in coal mining for 5 years before the appointment.   (3) A state coal mine inspector may not act as the agent for a corporation, superintendent, or manager of a mine and may not be in the employ of mining companies or interested in any way in coal mining operations, either as owner, lessee, or otherwise.   History: (1)En. Sec. 2, Ch. 120, L. 1911; amd. Sec. 1, Ch. 20, L. 1921; re-en. Sec. 3448, R.C.M. 1921; re-en. Sec. 3448, R.C.M. 1935; amd. Sec. 3, Ch. 267, L. 1974; Sec. 50-402, R.C.M. 1947; (2)En. Sec. 3, Ch. 120, L. 1911; re-en. Sec. 3449, R.C.M. 1921; re-en. Sec. 3449, R.C.M. 1935; amd. Sec. 1, Ch. 185, L. 1949; amd. Sec. 4, Ch. 267, L. 1974; Sec. 50-403, R.C.M. 1947; (3)En. Sec. 6, Ch. 120, L. 1911; re-en. Sec. 3451, R.C.M. 1921; re-en. Sec. 3451, R.C.M. 1935; amd. Sec. 6, Ch. 267, L. 1974; Sec. 50-405, R.C.M. 1947; R.C.M. 1947, 50-402, 50-403, 50-405; amd. Sec. 1, Ch. 639, L. 1983; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1881, Ch. 56, L. 2009.  
  50-73-402. Department authorized to enter and inspect coal mines. (1) The department may enter, inspect, and examine any coal mine or any shaft, drift, or slope in the process of sinking for the purpose of mining coal in this state and the workings and the machinery belonging to the coal mine at all reasonable times either by day or night. The department's entry, inspection, or examination under this subsection may not impede or obstruct the workings of the mine.   (2) The department may at any time perform inspections and investigations that the department considers necessary in surface and underground mines subject to this chapter:   (a) to obtain, use, and disseminate information relating to health and safety conditions in the mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in the mine; and   (b) to determine compliance with a health and safety standard or order issued under this chapter.   (3) The department may enter, upon or through, any mine subject to this chapter to conduct an inspection or investigation.   (4) The department shall prepare a written report for every inspection or investigation conducted under 50-73-406 and this section, noting the time and the material circumstances of the inspection or investigation.   History: (1)En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; Sec. 50-404, R.C.M. 1947; (2), (3)En. 50-480, 50-480.1 by Secs. 23, 24, Ch. 267, L. 1974; Secs. 50-480, 50-480.1, R.C.M. 1947; R.C.M. 1947, 50-404(1), 50-480, 50-480.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 19, Ch. 27, L. 2009.  
  50-73-403. Department to give notice of inspection to be made on complaint. If the department has in its possession any complaint to the effect that this chapter is being violated, it shall notify the employer and the employees that it is about to make an inspection.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-404. Right of employees' representative and mine owner to accompany department during inspection. The employees' representative has the right to accompany the department in making an official mine inspection. The owner or operator has the right to personally accompany the department while inspecting the owner's or operator's property or to designate someone to accompany the department.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1882, Ch. 56, L. 2009.  
  50-73-405. Mine owner to furnish means necessary for inspection. The owner, lessee, operator, superintendent, or mining boss of the mine is required to furnish the means necessary for the entry, inspection, examination, inquiry, and exit.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part).  
  50-73-406. Minimum inspection intervals. The department shall carefully examine all the coal mines in operation in this state at least semiannually and more often if necessary to see that every precaution is taken to ensure the safety of all workers that may be working in the coal mine.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 20, Ch. 27, L. 2009; amd. Sec. 3, Ch. 60, L. 2013.  
  50-73-407. Department to give notice of violations and penalties therefor. The department shall immediately notify the owner, lessee, superintendent, or mining boss of the discovery of any violation of the mining laws of this state and the penalty thereby imposed for those violations.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-408. Procedure when notice of violations disregarded. (1) If the notice provided for in 50-73-407 is disregarded, the department may stop immediately the working and operation of any mine or any part thereof where any dangerous or unlawful conditions are found.   (2) However, where conditions justify the department in so doing, it may grant a reasonable length of time for making repairs or for putting the mine in proper condition, but the number of workers employed in the mine or in the section of the mine involved shall be limited to those necessary to correct the unsafe condition.   (3) Where any stops or cessation of work is enforced, the department may thereafter allow the mine or part of a mine to be reopened when the dangerous or unlawful conditions existing there are removed or remedied so that they no longer exist.   History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-409. Operator to post statement of conditions. (1) The operator shall post the department's written inspection report at each mine visited and inspected by the department.   (2) The written inspection report, signed by the department inspector, must include the date of inspection and be posted in one or more conspicuous locations and remain posted until replaced by a subsequent inspection report. For the purposes of this subsection, a conspicuous location is one where the written inspection report:   (a) is likely to be seen by the mine workers; and   (b) is available to be read by any interested mine worker.   (3) The operator shall promptly provide a copy of the written inspection report to each exclusive representative of mine workers who are or may be affected by the conditions in the written inspection report.   (4) The operator shall also post a notice at the landing used by the workers stating what number of workers may be permitted to ride on the cage or car at one time.   History: En. Sec. 8, Ch. 120, L. 1911; re-en. Sec. 3453, R.C.M. 1921; re-en. Sec. 3453, R.C.M. 1935; amd. Sec. 3, Ch. 38, L. 1945; amd. Sec. 3, Ch. 185, L. 1949; amd. Sec. 7, Ch. 267, L. 1974; R.C.M. 1947, 50-407; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 21, Ch. 27, L. 2009.  
  50-73-410. Department inspection upon advisement of accident, injury, or fatality. (1) When advised by an operator of any accident in a coal mine involving loss of life or serious personal injury, the department shall, if it considers it necessary from the facts reported and in all cases of loss of life, immediately have an inspector go to the scene of the accident within 48 hours of notification.   (2) The department may also make any original or supplementary investigation that it considers necessary as to the nature and cause of an accident and shall make a record of the circumstances and of the result of the investigations for its files.   (3) The inspection team must include a department coal mine inspector, the employer or the employer's designee, and a representative of the employees.   History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1883, Ch. 56, L. 2009.  
  50-73-411. Miners' organization authorized to investigate fatal accident. The representative of the miners' organization or some person delegated by the representative may enter any coal mine for the purpose of investigating the causes of a fatal accident.   History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 1884, Ch. 56, L. 2009.  
  50-73-412. Debarment of persons from mine when death or serious injury likely. If, upon an inspection of a mine, the department finds that the conditions or practices in the mine create a danger that could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated, the department shall determine the extent of the area of the mine throughout which the danger exists and order the operator of the mine to have all persons withdrawn from and excluded from entering the area, except the persons whose presence in the area is necessary to eliminate the danger described in the order as follows:   (1) a person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger;   (2) a public official whose official duties require the official to enter the area;   (3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make mine examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.   History: En. 50-480.2 by Sec. 25, Ch. 267, L. 1974; R.C.M. 1947, 50-480.2; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1885, Ch. 56, L. 2009.  
  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.   History: En. 50-480.3 by Sec. 26, Ch. 267, L. 1974; R.C.M. 1947, 50-480.3; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1886, Ch. 56, L. 2009.  
  50-73-414. Requirements as to findings, notices, and orders. (1) Findings and orders issued under this chapter shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard and a description of the area of the mine throughout which persons must be withdrawn and excluded.   (2) Each finding made and notice or order issued by the department shall be given promptly to the operator of the mine to which it pertains, and all the findings, orders, and notices shall be in writing and shall be signed by the department inspector making them.   History: En. 50-484.4 by Sec. 27, Ch. 267, L. 1974; R.C.M. 1947, 50-480.4(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-415. Notice or order subject to amendment, cancellation, or revision. A notice or order issued by the department under this chapter may be amended, canceled, or revised by the department.   History: En. 50-484.4 by Sec. 27, Ch. 267, L. 1974; R.C.M. 1947, 50-480.4(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-416. Order subject to review. The order of the department shall remain in effect but shall immediately be subject to review as provided in this chapter.   History: En. 50-480.5 by Sec. 28, Ch. 267, L. 1974; R.C.M. 1947, 50-480.5; amd. Sec. 64, Ch. 613, L. 1989.  
  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.   History: (1)En. 50-480.6 by Sec. 29, Ch. 267, L. 1974; Sec. 50-480.6, R.C.M. 1947; (2)En. 50-480.7 by Sec. 30, Ch. 267, L. 1974; amd. Sec. 9, Ch. 39, L. 1977; amd. Sec. 5, Ch. 187, L. 1977; Sec. 50-480.7, R.C.M. 1947; R.C.M. 1947, 50-480.6, 50-480.7; amd. Sec. 64, Ch. 613, L. 1989.  
  50-73-418. Actions or decisions under chapter to be taken as rapidly as possible. In view of the urgent need for prompt decisions of matters submitted to the department under this chapter, all actions which the department is required to take under this chapter shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved.   History: En. 50-480.8 by Sec. 31, Ch. 267, L. 1974; R.C.M. 1947, 50-480.8; amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-101. Definition -- department to formulate rules. (1) As used in this chapter, the term "department" means the department of labor and industry.   (2) The department shall adopt definitions and rules for the safe construction, installation, operation, inspection, and repair of equipment covered by this chapter. The definitions and rules must follow generally accepted nationwide engineering standards as published by the American society of mechanical engineers.   History: En. Sec. 550, Pol. C. 1895; re-en. Sec. 1639, Rev. C. 1907; amd. Sec. 1, Ch. 30, L. 1913; amd. Sec. 1, Ch. 12, L. 1921; re-en. Sec. 2712, R.C.M. 1921; re-en. Sec. 2712, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1967; amd. Sec. 1, Ch. 225, L. 1971; amd. Sec. 25, Ch. 182, L. 1975; amd. Sec. 1, Ch. 152, L. 1977; R.C.M. 1947, 69-1501(1); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 12, Ch. 514, L. 1995; amd. Sec. 185, Ch. 483, L. 2001.  
  50-74-102. Boilers to conform to rules. No boiler which does not conform to the rules adopted by the department governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules under this chapter pertaining to new construction and installation shall have become effective unless the boiler is of special design or construction, is not covered by the rules, or is in any way inconsistent with such rules, in which case a special installation and operating permit may be granted by the department at its discretion.   History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919, re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(3); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-103. Boilers exempted. (1) This chapter does not apply to boilers under federal control.   (2) The provisions of this chapter requiring inspections, inspection fees, and certificates do not apply to:   (a) steam heating boilers operated at not over 15 pounds per square inch gauge pressure in private residences or apartments of six or less families or to hot water heating or supply boilers operated at not over 50 pounds per square inch gauge pressure and temperatures not over 250 degrees F when in private residences or apartments of six or less families; and   (b) boilers constructed or maintained only as a hobby for exhibition, educational, or historical purposes and not for commercial use if the boilers have an inside diameter of 12 inches or less or a grate area of 2 square feet or less and are equipped with a safety valve, a water level indicator, and a pressure gauge.   (3) Persons operating any of the engines or boilers exempted from the operation of this chapter may not be required to procure a license from the department.   History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 322, L. 2019.  
  50-74-104. Dinkey engines to be classed as traction engines. Locomotives, commonly known as dinkey engines, used in operating logging or mining railroads or any similar work where such locomotives are owned, leased, or operated by any individual, company, or corporation and are used in the business of such individual, company, or corporation and not for general commercial purposes shall be classed as traction engines and be subject to inspection as are other traction engines, and the persons operating or firing such dinkey locomotives shall be required to hold traction licenses.   History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part).  
  50-74-105. Purchaser to notify department of purchase. (1) Any person purchasing any boiler, whether traction or stationary, not exempted by the provisions of 50-74-103 shall, within 10 days after such purchase, report the fact of such purchase to the department and shall notify the department as to where the boiler will be installed and operated.   (2) Any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.   History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part); amd. Sec. 64, Ch. 613, L. 1989.  
  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.   History: En. Sec. 562, Pol. C. 1895; re-en. Sec. 1651, Rev. C. 1907; amd. Sec. 11, Ch. 30, L. 1913; re-en. Sec. 2722, R.C.M. 1921; re-en. Sec. 2722, R.C.M. 1935; amd. Sec. 10, Ch. 225, L. 1971; amd. Sec. 20, Ch. 513, L. 1973; R.C.M. 1947, 69-1511(part).  
  50-74-107. Wrongful certification or granting of a license a misdemeanor. Any inspector or assistant inspector who willfully certifies regarding any boilers or their attachments or grants a license to any person to act as engineer contrary to the provisions of this chapter is guilty of a misdemeanor.   History: En. Sec. 562, Pol. C. 1895; re-en. Sec. 1651, Rev. C. 1907; amd. Sec. 11, Ch. 30, L. 1913; re-en. Sec. 2722, R.C.M. 1921; re-en. Sec. 2722, R.C.M. 1935; amd. Sec. 10, Ch. 225, L. 1971; amd. Sec. 20, Ch. 513, L. 1973; R.C.M. 1947, 69-1511(part).  
  50-74-108. Tampering with safety valve a misdemeanor. A renter, user, or owner of a boiler or a person who tampers with the safety valve to allow the boiler to carry greater pressure than is allowed by the inspection certificate is guilty of a misdemeanor.   History: En. Sec. 555, Pol. C. 1895; re-en. Sec. 1644, Rev. C. 1907; amd. Sec. 6, Ch. 30, L. 1913; re-en. Sec. 2715, R.C.M. 1921; re-en. Sec. 2715, R.C.M. 1935; amd. Sec. 4, Ch. 225, L. 1971; amd. Sec. 9, Ch. 187, L. 1977; R.C.M. 1947, 69-1504(2).  
  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.   History: En. Sec. 550, Pol. C. 1895; re-en. Sec. 1639, Rev. C. 1907; amd. Sec. 1, Ch. 30, L. 1913; amd. Sec. 1, Ch. 12, L. 1921; re-en. Sec. 2712, R.C.M. 1921; re-en. Sec. 2712, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1967; amd. Sec. 1, Ch. 225, L. 1971; amd. Sec. 25, Ch. 182, L. 1975; amd. Sec. 1, Ch. 152, L. 1977; R.C.M. 1947, 69-1501(2); amd. Sec. 64, Ch. 613, L. 1989.  
  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.   History: En. Sec. 550, Pol. C. 1895; re-en. Sec. 1639, Rev. C. 1907; amd. Sec. 1, Ch. 30, L. 1913; amd. Sec. 1, Ch. 12, L. 1921; re-en. Sec. 2712, R.C.M. 1921; re-en. Sec. 2712, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1967; amd. Sec. 1, Ch. 225, L. 1971; amd. Sec. 25, Ch. 182, L. 1975; amd. Sec. 1, Ch. 152, L. 1977; R.C.M. 1947, 69-1501(3); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-203. Repealed. Sec. 4, Ch. 440, L. 2021.  History: En. Sec. 2, p. 102, L. 1889; amd. Sec. 551, Pol. C. 1895; re-en. Sec. 1640, Rev. C. 1907; amd. Sec. 2, Ch. 30, L. 1913; re-en. Sec. 2713, R.C.M. 1921; amd. Sec. 2, Ch. 225, L. 1971; R.C.M. 1947, 69-1502; amd. Sec. 1887, Ch. 56, L. 2009.  
  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.   History: En. Sec. 562, Pol. C. 1895; re-en. Sec. 1651, Rev. C. 1907; amd. Sec. 11, Ch. 30, L. 1913; re-en. Sec. 2722, R.C.M. 1921; re-en. Sec. 2722, R.C.M. 1935; amd. Sec. 10, Ch. 225, L. 1971; amd. Sec. 20, Ch. 513, L. 1973; R.C.M. 1947, 69-1511(part).  
  50-74-205. Purchaser to receive certificate of inspection. (1) Any person purchasing any boiler, whether traction or stationary, shall be entitled to receive from the seller the certificates of inspection issued on such boiler.   (2) Any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.   History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part).  
  50-74-206. Boiler to be inspected prior to use -- duty of notification. (1) The inspector of boilers must inspect all boilers and steam generators before the same are used.   (2) All persons who bring into this state for operation in this state any boiler or boilers must notify the department stating the number and kind of boilers and where they are to be located and operated in this state and must secure from the department a certificate of inspection before boilers are placed in operation except in the case of new boilers, which must be inspected within 90 days after they are put in use.   History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(part); amd. Sec. 64, Ch. 613, L. 1989.  
  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.   History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-208. Penalty for operation without certificate or failure to give notice. Any person failing to give notice to the department as provided in 50-74-206 or 50-74-207 or who operates such boilers without a certificate from the department shall be punished by a fine of not less than $100 or more than $500 for each offense, by imprisonment in the county jail for not less than 30 or more than 90 days, or by both such fine and imprisonment.   History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-209. Required inspection intervals -- failure to comply with safety standards -- inspections through other states. (1) (a) All manually fired boilers and all boilers and banks of boilers rated with a total input of 400,000 Btu's an hour or greater must be inspected at least once each year.   (b) All automatically fired boilers rated with an input of less than 400,000 Btu's an hour must be inspected at least once every 2 years, except that an automatically fired boiler in a school, day-care center, hospital, rest home, retirement center, or place of assembly with a capacity for more than 100 persons must be inspected once a year.   (c) Boilers exempt under the provisions of 50-74-103 do not require inspections.   (d) Upon written application, longer inspection intervals may be authorized by the department.   (2) In addition to the inspection required by subsection (1), it is the duty of each inspector to examine at proper times, when in the inspector's opinion an examination is necessary, all boilers that have become unsafe from any cause and to notify the owner or the person using the boilers of any defect and what repairs are necessary to render them safe.   (3) If a boiler is found, upon inspection, to violate safety standards set forth in rules referred to in 50-74-101, the department shall order the owner of the boiler to comply with the standards. An owner who negligently or knowingly fails to comply with an order is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $50 or more than $100, imprisonment for not more than 60 days in a county detention center, or both.   (4) The department may accept valid inspections for traction engines that have been performed by other states.   History: (1)En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; Sec. 69-1503, R.C.M. 1947; (2)En. Sec. 557, Pol. C. 1895; re-en. Sec. 1646, Rev. C. 1907; re-en. Sec. 2717, R.C.M. 1921; re-en. Sec. 2717, R.C.M. 1935; Sec. 69-1506, R.C.M. 1947; R.C.M. 1947, 69-1503(part), 69-1506; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 499, L. 2001; amd. Sec. 2, Ch. 322, L. 2019.  
  50-74-210. Duty to permit inspection. It is the duty of the owners, engineers, or managers of steam or water boilers to allow the inspector free access to the same.   History: En. Sec. 558, Pol. C. 1895; re-en. Sec. 1647, Rev. C. 1907; amd. Sec. 7, Ch. 30, L. 1913; re-en. Sec. 2718, R.C.M. 1921; re-en. Sec. 2718, R.C.M. 1935; amd. Sec. 6, Ch. 225, L. 1971; amd. Sec. 27, Ch. 182, L. 1975; R.C.M. 1947, 69-1507(part).  
  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.   History: En. Sec. 558, Pol. C. 1895; re-en. Sec. 1647, Rev. C. 1907; amd. Sec. 7, Ch. 30, L. 1913; re-en. Sec. 2718, R.C.M. 1921; re-en. Sec. 2718, R.C.M. 1935; amd. Sec. 6, Ch. 225, L. 1971; amd. Sec. 27, Ch. 182, L. 1975; R.C.M. 1947, 69-1507(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-212. Payment of costs resulting from refused access. The owner, engineer, or manager of any boiler who has refused access resulting in a department order must pay all transportation and hotel expenses of the inspector who makes the inspection directed by such order in addition to the inspection fee provided by law.   History: En. Sec. 558, Pol. C. 1895; re-en. Sec. 1647, Rev. C. 1907; amd. Sec. 7, Ch. 30, L. 1913; re-en. Sec. 2718, R.C.M. 1921; re-en. Sec. 2718, R.C.M. 1935; amd. Sec. 6, Ch. 225, L. 1971; amd. Sec. 27, Ch. 182, L. 1975; R.C.M. 1947, 69-1507(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-213. Failure to comply with department directed access a misdemeanor. Any person failing to immediately comply with department directed access to the boiler shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 or more than $500, by imprisonment in the county jail for not less than 2 months or more than 6 months, or by both such fine and imprisonment.   History: En. Sec. 558, Pol. C. 1895; re-en. Sec. 1647, Rev. C. 1907; amd. Sec. 7, Ch. 30, L. 1913; re-en. Sec. 2718, R.C.M. 1921; re-en. Sec. 2718, R.C.M. 1935; amd. Sec. 6, Ch. 225, L. 1971; amd. Sec. 27, Ch. 182, L. 1975; R.C.M. 1947, 69-1507(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-214. Engineer to assist in inspection. It is the duty of the engineer operating any boiler or boilers to assist the inspectors in their examination of the boilers and point out any defects known to the engineer in the boilers or machinery under the engineer's charge. If an engineer does not comply with this section, the engineer's license must be revoked or suspended.   History: En. Sec. 558, Pol. C. 1895; re-en. Sec. 1647, Rev. C. 1907; amd. Sec. 7, Ch. 30, L. 1913; re-en. Sec. 2718, R.C.M. 1921; re-en. Sec. 2718, R.C.M. 1935; amd. Sec. 6, Ch. 225, L. 1971; amd. Sec. 27, Ch. 182, L. 1975; R.C.M. 1947, 69-1507(part); amd. Sec. 1888, Ch. 56, L. 2009.  
  50-74-215. Interior and exterior examination of boiler. (1) The inspector must be satisfied by a thorough interior and exterior examination that the:   (a) boilers are well-made and of good and suitable material;   (b) openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions;   (c) flues are circular in shape;   (d) fire line of the furnace is at least 2 inches below prescribed minimum waterline of the boilers;   (e) arrangements for delivering the feed water are such that the boilers cannot be injured by the feed water; and   (f) boilers and the steam connections may be safely employed without danger to life.   (2) A boiler or steam pipe or any of the connections to a boiler or steam pipe that are made in whole or in part of bad material or are unsafe from any cause may not be approved. Nothing in this section may be construed to prevent the use of any boiler or steam generator, that is not constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that the boiler or steam generator is equal in strength to and as safe from explosion as boilers of the best quality, constructed of iron or steel plates.   History: (1)En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; Sec. 69-1503, R.C.M. 1947; (2)En. Sec. 556, Pol. C. 1895; re-en. Sec. 1645, Rev. C. 1907; re-en. Sec. 2716, R.C.M. 1921; re-en. Sec. 2716, R.C.M. 1935; amd. Sec. 5, Ch. 225, L. 1971; Sec. 69-1505, R.C.M. 1947; R.C.M. 1947, 69-1503(part), 69-1505; amd. Sec. 1889, Ch. 56, L. 2009.  
  50-74-216. Hydrostatic pressure test. When necessary, the boiler inspector shall subject boilers, except those exempted by 50-74-103, to hydrostatic pressure, which hydrostatic pressure shall not exceed 150% of the steam pressure allowed on the boilers, providing there are no such leaks on such boilers which prevent the inspector from applying such hydrostatic pressure.   History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919; re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(part).  
  50-74-217. Other inspection requirements. The inspector must be satisfied that:   (1) the safety valves are of suitable relieving capacity ratings, sufficient in number and area, and properly arranged and properly adjusted so as not to allow a greater pressure in a boiler than the amount prescribed by the inspection certificate;   (2) there are a sufficient number of gauge cocks properly inserted to indicate the amount of water and suitable gauges that will correctly record the pressure of steam; and   (3) adequate and certain provisions for an ample supply of water to feed the boiler at all times and suitable means for blowing out are provided so as to thoroughly remove mud and sediment from all parts of the boiler when it is under pressure of steam.   History: En. Sec. 555, Pol. C. 1895; re-en. Sec. 1644, Rev. C. 1907; amd. Sec. 6, Ch. 30, L. 1913; re-en. Sec. 2715, R.C.M. 1921; re-en. Sec. 2715, R.C.M. 1935; amd. Sec. 4, Ch. 225, L. 1971; amd. Sec. 9, Ch. 187, L. 1977; R.C.M. 1947, 69-1504(1); amd. Sec. 1890, Ch. 56, L. 2009.  
  50-74-218. Safe working pressure. (1) If a boiler is constructed with lap horizontal seams on the boiler, dome, or drum, a factor of 4 1/2 must be used in determining the safe working pressure allowed on the boiler.   (2) If a boiler is constructed with butt strap horizontal seams, a factor of four may be used in determining the safe working pressure.   (3) If a boiler is a historical boiler, as defined by the department by rule, on stayed sections, a safety factor of four must be used in determining the safe working pressure.   (4) If a boiler rests on a side wall on lugs, is hung by I-beams, or is in any way set up so that the weight of the boiler is pulling against the horizontal seam of rivets, a factor of five must be used in determining the safe working pressure.   (5) If the horizontal lap seams of a boiler are exposed to the fire, a factor of five must be used in determining the safe working pressure.   (6) On new stay bolts, 7,500 pounds pressure per square inch is allowed. If the stay bolts are corroded or defective, the inspector must determine the pressure to be allowed on the stay bolts.   (7) On braces made of solid material, 8,000 pounds pressure per square inch is allowed. On welded braces or braces with only one crowfoot, 6,000 pounds pressure per square inch is allowed.   (8) Cast iron may not be used in the construction or reinforcements of a boiler if the pressure allowed on the boiler is more than 100 pounds per square inch.   History: En. Sec. 555, Pol. C. 1895; re-en. Sec. 1644, Rev. C. 1907; amd. Sec. 6, Ch. 30, L. 1913; re-en. Sec. 2715, R.C.M. 1921; re-en. Sec. 2715, R.C.M. 1935; amd. Sec. 4, Ch. 225, L. 1971; amd. Sec. 9, Ch. 187, L. 1977; R.C.M. 1947, 69-1504(3); amd. Sec. 1, Ch. 160, L. 2011.  
  50-74-219. Repealed. Sec. 4, Ch. 440, L. 2021.  History: En. Sec. 4, Ch. 32, L. 1905; re-en. Sec. 1652, Rev. C. 1907; amd. Sec. 12, Ch. 30, L. 1913; amd. Sec. 3, Ch. 32, L. 1919; re-en. Sec. 2723, R.C.M. 1921; re-en. Sec. 2723, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1959; amd. Sec. 3, Ch. 77, L. 1967; amd. Sec. 1, Ch. 255, L. 1969; amd. Sec. 11, Ch. 225, L. 1971; amd. Sec. 30, Ch. 182, L. 1975; amd. Sec. 1, Ch. 83, L. 1977; R.C.M. 1947, 69-1512(1); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 13, Ch. 514, L. 1995; amd. Sec. 3, Ch. 385, L. 1997; amd. Sec. 2, Ch. 499, L. 2001; amd. Sec. 5, Ch. 68, L. 2005; amd. Sec. 1, Ch. 46, L. 2015; amd. Sec. 3, Ch. 322, L. 2019.  
  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.   History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part).  
  50-74-302. General requirements for licensure. No person may be granted a license to operate steam or water boilers and steam machinery under the provisions of this chapter who has not met the qualifications for licensing and been found to be competent by examination to perform the duties of an engineer.   History: En. Sec. 559, Pol. C. 1895; re-en. Sec. 1648, Rev. C. 1907; amd. Sec. 8, Ch. 30, L. 1913; re-en. Sec. 2719, R.C.M. 1921; re-en. Sec. 2719, R.C.M. 1935; amd. Sec. 7, Ch. 225, L. 1971; amd. Sec. 10, Ch. 187, L. 1977; R.C.M. 1947, 69-1508(part).  
  50-74-303. Engineer's license classifications. (1) Engineers entrusted with the operation, care, and management of steam or water boilers and steam machinery, as specified in 50-74-302, are divided into six classes, including first-class engineers, second-class engineers, third-class engineers, agricultural-class engineers, low-pressure engineers, and limited low-pressure engineers.  (2) Licenses for the operation of steam or water boilers and steam machinery are divided into six classifications in accordance with the following schedule:   (a) First-class engineers are licensed to operate all classes, pressures, and temperatures of steam and water boilers and steam-driven machinery with the exception of traction and hoisting engines.   (b) Second-class engineers are licensed to operate steam boilers operating not in excess of 250 pounds per square inch gauge saturated steam pressure, water boilers operating not in excess of 375 pounds per square inch gauge pressure and 450 degrees F temperature, and steam-driven machinery not to exceed 100 horsepower per unit, with the exception of traction and hoisting engines.   (c) Third-class engineers are licensed to operate steam boilers operating not in excess of 150 pounds per square inch gauge saturated steam pressure or not in excess of 150 horsepower per hour and water boilers operating not in excess of 160 pounds per square inch gauge pressure and 350 degrees F temperature.   (d) Agricultural-class engineers are licensed to operate steam boilers that operate not in excess of 150 pounds per square inch saturated steam pressure and that:   (i) are not operated for more than 6 months of the year; and   (ii) are not operated for purposes other than the harvesting or processing of agricultural products.   (e) Low-pressure engineers are licensed to operate steam boilers operating not in excess of 15 pounds per square inch gauge pressure and water boilers operating not in excess of 50 pounds per square inch gauge pressure and 250 degrees F temperature.   (f) Limited low-pressure engineers are licensed to operate hot water heating boilers not in excess of 30 pounds per square inch gauge pressure and 210 degrees F temperature and hot water supply boilers not in excess of 160 pounds per square inch gauge pressure and 210 degrees F temperature.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(1), (2); amd. Sec. 14, Ch. 514, L. 1995; amd. Sec. 1, Ch. 392, L. 2003; amd. Sec. 2, Ch. 440, L. 2021. 
  50-74-304. Requirements for engineer's license. Each applicant for an engineer's license must be physically and mentally capable of performing the required duties and must meet the following minimum requirements for the class of engineer's license for which application is being made:  (1) Except as provided in subsection (8), an applicant for a limited low-pressure engineer's license must be 18 years of age or older, must have 2 months' full-time experience in the operation of a boiler in this classification under an engineer who holds a valid limited low-pressure or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.   (2) Except as provided in subsection (7), an applicant for a low-pressure engineer's license must be 18 years of age or older, must have at least 3 months' full-time experience in the operation of a boiler in this classification under an engineer who holds a valid low-pressure or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.   (3) Except as provided in subsection (7), an applicant for an agricultural-class engineer's license must be 18 years of age or older, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.   (4) Except as provided in subsection (7), an applicant for a third-class engineer's license must be 18 years of age or older, must have at least 6 months' full-time experience in the operation of a boiler in this classification under an engineer holding a valid third-class or higher license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler in this classification by the department.   (5) An applicant for a second-class engineer's license must be 18 years of age or older and:   (a) must have at least 2 years' full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid second-class or first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department; or   (b) must hold a valid third-class engineer's license, must have at least 1 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid second-class or first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department.   (6) An applicant for a first-class engineer's license must be 18 years of age or older and:   (a) must have at least 3 years' full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department;   (b) must hold a valid second-class engineer's license, must have at least 1 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department; or   (c) must hold a valid third-class engineer's license, must have at least 2 year's full-time experience in the operation of a boiler and steam-driven machinery in this classification under an engineer holding a valid first-class license, is required to successfully pass a written examination prescribed by the department, and must be found competent to operate a boiler and steam-driven machinery in this classification by the department.   (7) As an alternative to the requirements of subsections (2) through (4), an applicant who is 18 years of age or older may apply for and be issued a license for any of the three classes of licenses provided for in subsections (2) through (4) if:   (a) the applicant completes a training course acceptable to the department that is specific to the class of boiler license sought by the applicant and successfully passes a written examination administered by the department that is specific to the class of boiler license sought by the applicant; and   (b) an engineer with a license at least equal to the class of boiler license sought by the applicant informs the department that the applicant has worked with the type of boiler for which a license is sought under the engineer's supervision for a minimum of 40 hours and that the applicant is competent to operate a boiler of the class for which licensure is sought by the applicant.   (8) As an alternative to the requirements of subsection (1), an applicant who is 18 years of age or older may apply for and be issued a limited low-pressure license provided for in subsection (1) if:   (a) the applicant completes a 6-hour training course acceptable to the department that is specific to a limited low-pressure license sought by the applicant; and   (b) an engineer with a license at least equal to the class of license sought by the applicant informs the department that the applicant has worked with the type of boiler for which a license is sought under the engineer's supervision for a minimum of 8 hours and that the applicant is competent to operate a boiler of the class for which licensure is sought by the applicant.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(3); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 15, Ch. 514, L. 1995; amd. Sec. 2, Ch. 392, L. 2003; amd. Sec. 3, Ch. 440, L. 2021. 
  50-74-305. Exceptions to requirements for engineer's license. Allowable exceptions or variances to the minimum requirements set out in 50-74-304 are as follows:   (1) An applicant for an engineer's license in any classification who holds a valid license in that classification from another state having licensing requirements equal to or exceeding the minimum requirements set out in 50-74-304, who successfully passes a written examination prescribed by the department, and who is found competent to operate a boiler and steam-driven machinery in that classification by the department must be granted a license in that classification.   (2) Operating experience in a classification accumulated in the United States military services or the merchant marine service satisfactory to the department may be accepted in lieu of the operating experience required for licensing of engineers in each of the license classifications.   (3) An applicant who has training in the operation of steam or water boilers and steam machinery and who has been certified as having satisfactorily completed a prescribed training course from a department-approved institution or training program in the classification for which the applicant is applying may, pursuant to department rule, be credited with experience toward a first-, second-, or third-class or low-pressure engineer's license.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(4); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 33, Ch. 308, L. 1995; amd. Sec. 16, Ch. 514, L. 1995.  
  50-74-306. Traction licenses -- application without examination from other states. (1) The licenses named in 50-74-303 do not entitle the holder to operate a traction engine.   (2) A person who is entrusted with the care and management of traction engines or boilers on wheels is required to pass an examination testing the person's competency to operate that class of machinery and procure a traction license.   (3) A person who is entrusted with the care, management, and operation of steam locomotives not addressed by federal regulations is required to pass an examination testing the person's competency to operate that class of machinery and procure a traction license.   (4) The department may issue a license to an individual holding a valid license from another state upon application without examination if the requirements of 50-74-307(2) are met.   (5) A traction license does not entitle its holder to operate any other class of steam machinery.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(part); amd. Sec. 1, Ch. 65, L. 2001; amd. Sec. 4, Ch. 322, L. 2019.  
  50-74-307. Requirements for traction licenses. (1) An applicant for a traction engineer's license:   (a) must be 18 years of age or older;   (b) shall attend a steam school approved by the department by rule and may apply steam school hours to the hour requirement established in subsection (3);   (c) must have at least 50 hours total experience in the operation of steam traction engines; and   (d) shall successfully pass a written examination prescribed by the department.   (2) The department may issue a license to an individual holding a valid license from another state under 50-74-306 if the individual is from a state that has standards greater than or equal to the state of Montana.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 17, Ch. 514, L. 1995; amd. Sec. 2, Ch. 65, L. 2001; amd. Sec. 2, Ch. 160, L. 2011; amd. Sec. 5, Ch. 322, L. 2019.  
  50-74-308. Waiver of experience requirement for traction licenses. The department, at its discretion, may waive the experience requirement for operators of traction engines which are maintained and operated as a hobby for the restoration and show purposes of antique equipment.   History: En. Sec. 3, Ch. 32, L. 1905; re-en. Sec. 1649, Rev. C. 1907; amd. Sec. 9, Ch. 30, L. 1913; amd. Sec. 2, Ch. 32, L. 1919; re-en. Sec. 2720, R.C.M. 1921; re-en. Sec. 2720, R.C.M. 1935; amd. Sec. 8, Ch. 225, L. 1971; amd. Sec. 26, Ch. 94, L. 1973; amd. Sec. 28, Ch. 182, L. 1975; amd. Sec. 11, Ch. 187, L. 1977; R.C.M. 1947, 69-1509(part); amd. Sec. 64, Ch. 613, L. 1989.  
  50-74-309. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. Sec. 4, Ch. 32, L. 1905; re-en. Sec. 1652, Rev. C. 1907; amd. Sec. 12, Ch. 30, L. 1913; amd. Sec. 3, Ch. 32, L. 1919; re-en. Sec. 2723, R.C.M. 1921; re-en. Sec. 2723, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1959; amd. Sec. 3, Ch. 77, L. 1967; amd. Sec. 1, Ch. 255, L. 1969; amd. Sec. 11, Ch. 225, L. 1971; amd. Sec. 30, Ch. 182, L. 1975; amd. Sec. 1, Ch. 83, L. 1977; R.C.M. 1947, 69-1512(2); amd. Sec. 18, Ch. 514, L. 1995.  
  50-74-310. Repealed. Sec. 28, Ch. 196, L. 2003.   History: En. Sec. 4, Ch. 32, L. 1905; re-en. Sec. 1652, Rev. C. 1907; amd. Sec. 12, Ch. 30, L. 1913; amd. Sec. 3, Ch. 32, L. 1919; re-en. Sec. 2723, R.C.M. 1921; re-en. Sec. 2723, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1959; amd. Sec. 3, Ch. 77, L. 1967; amd. Sec. 1, Ch. 255, L. 1969; amd. Sec. 11, Ch. 225, L. 1971; amd. Sec. 30, Ch. 182, L. 1975; amd. Sec. 1, Ch. 83, L. 1977; R.C.M. 1947, 69-1512(3).  
  50-74-311. Waiting period before reexamination permitted. In case of the failure of any applicant to successfully pass an examination, 45 days must elapse before the applicant may again be examined for license.   History: En. Sec. 4, Ch. 32, L. 1905; re-en. Sec. 1652, Rev. C. 1907; amd. Sec. 12, Ch. 30, L. 1913; amd. Sec. 3, Ch. 32, L. 1919; re-en. Sec. 2723, R.C.M. 1921; re-en. Sec. 2723, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1959; amd. Sec. 3, Ch. 77, L. 1967; amd. Sec. 1, Ch. 255, L. 1969; amd. Sec. 11, Ch. 225, L. 1971; amd. Sec. 30, Ch. 182, L. 1975; amd. Sec. 1, Ch. 83, L. 1977; R.C.M. 1947, 69-1512(4); amd. Sec. 1891, Ch. 56, L. 2009.  
  50-74-312. Review of license rejection -- waiting period. (1) An applicant for a license under the provisions of this chapter whose application has been rejected may, within 45 days after the date of the rejection, set forth in writing any arguments opposing the rejection and request a review by the department. The request must be addressed to the department and must be signed by the applicant.   (2) Within 2 days after receiving the request, the department shall notify the applicant in writing that on a certain day, not less than 5 days or more than 30 days after receipt of the written request, the department shall review and evaluate the application and any arguments opposing the rejection of the license application.   (3) The applicant may appear in person at the review. At least 2 days before the day set for the review, the applicant may designate in writing to the department the name of an engineer holding a valid license of equal or higher grade than the one applied for, and the engineer may testify on behalf of the applicant at the review.   (4) After the review, if the department determines that the applicant is entitled to the license, the department shall issue the license. If the department affirms the decision to not issue the license, the applicant may reapply to take the license examination, as provided in 50-74-311, and may not take the examination within 45 days of the final decision to not issue the license.   History: (1) thru (3)En. Sec. 564, Pol. C. 1895; re-en. Sec. 1653, Rev. C. 1907; re-en. Sec. 2724, R.C.M. 1921; re-en. Sec. 2724, R.C.M. 1935; amd. Sec. 12, Ch. 225, L. 1971; amd. Sec. 31, Ch. 182, L. 1975; Sec. 69-1513, R.C.M. 1947; (4)En. Sec. 565, Pol. C. 1895; re-en. Sec. 1654, Rev. C. 1907; re-en. Sec. 2725, R.C.M. 1921; re-en. Sec. 2725, R.C.M. 1935; amd. Sec. 13, Ch. 225, L. 1971; amd. Sec. 32, Ch. 182, L. 1975; Sec. 69-1514, R.C.M. 1947; R.C.M. 1947, 69-1513, 69-1514; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 19, Ch. 514, L. 1995; amd. Sec. 186, Ch. 483, L. 2001; amd. Sec. 26, Ch. 196, L. 2003; amd. Sec. 125, Ch. 467, L. 2005.  
  50-74-313. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. Sec. 6, Ch. 32, L. 1905; re-en. Sec. 1656, Rev. C. 1907; amd. Sec. 14, Ch. 30, L. 1913; amd. Sec. 1, Ch. 54, L. 1919; re-en. Sec. 2727, R.C.M. 1921; amd. Sec. 2, Ch. 54, L. 1959; amd. Sec. 167, Ch. 147, L. 1963; amd. Sec. 15, Ch. 225, L. 1971; R.C.M. 1947, 69-1516; amd. Sec. 54, Ch. 492, L. 1997.  
  50-74-314. Repealed. Sec. 46, Ch. 481, L. 1997.   History: En. Sec. 561, Pol. C. 1895; re-en. Sec. 1650, Rev. C. 1907; amd. Sec. 10, Ch. 30, L. 1913; re-en. Sec. 2721, R.C.M. 1921; amd. Sec. 9, Ch. 225, L. 1971; amd. Sec. 29, Ch. 182, L. 1975; R.C.M. 1947, 69-1510; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 20, Ch. 514, L. 1995.  
  50-74-315. Unlawful to operate boiler or steam engine without license. (1) It is unlawful for any person in this state to operate a stationary boiler or steam engine or any boiler or steam engine other than engines and boilers exempted by the provisions of 50-74-103 without a license granted under the provisions of this chapter. The owner, renter, or user of any engine or boiler is equally liable for the violation of this section.   (2) A person who operates a boiler or steam engine without first obtaining a license is guilty of a misdemeanor and, upon conviction, shall be fined no less than $50 or more than $100 or be imprisoned in the county jail for any term not to exceed 60 days, or both.   History: (1)En. Sec. 568, Pol. C. 1895; re-en. Sec. 1657, Rev. C. 1907; amd. Sec. 15, Ch. 30, L. 1913; re-en. Sec. 2728, R.C.M. 1921; re-en. Sec. 2728, R.C.M. 1935; amd. Sec. 16, Ch. 225, L. 1971; amd. Sec. 34, Ch. 182, L. 1975; Sec. 69-1517, R.C.M. 1947; (2)En. Sec. 559, Pol. C. 1895; re-en. Sec. 1648, Rev. C. 1907; amd. Sec. 8, Ch. 30, L. 1913; re-en. Sec. 2719, R.C.M. 1921; re-en. Sec. 2719, R.C.M. 1935; amd. Sec. 7, Ch. 225, L. 1971; amd. Sec. 10, Ch. 187, L. 1977; Sec. 69-1508, R.C.M. 1947; R.C.M. 1947, 69-1508(part), 69-1517(part).  
  50-74-316. Unlawful to employ unlicensed operator. It shall be unlawful, except as stated in 50-74-317, for any person, firm, or corporation to employ any person not duly licensed as an engineer within the meaning of this chapter to run or operate any of the boilers or engines subject to the provisions of this chapter.   History: En. Sec. 568, Pol. C. 1895; re-en. Sec. 1657, Rev. C. 1907; amd. Sec. 15, Ch. 30, L. 1913; re-en. Sec. 2728, R.C.M. 1921; re-en. Sec. 2728, R.C.M. 1935; amd. Sec. 16, Ch. 225, L. 1971; amd. Sec. 34, Ch. 182, L. 1975; R.C.M. 1947, 69-1517(part).  
  50-74-317. When unlicensed person may operate. (1) In case of accident, sickness, or any unforeseen event that prevents a licensed engineer, employed by an owner, renter, or user of an engine or boiler, from performing required duties, the owner, renter, or user may for 15 days employ any person 18 years of age or older whom the owner, renter, or user considers competent to run the engine or boiler.   (2) Although the person employed may not be the holder of an engineer's license, the person must have reasonable qualifications acceptable to the department.   (3) A person employing an unlicensed engineer shall immediately notify the department.   (4) An owner, renter, or user of boilers or steam machinery may not employ unlicensed engineers for more than 15 days in any 1 calendar year.   History: En. Sec. 568, Pol. C. 1895; re-en. Sec. 1657, Rev. C. 1907; amd. Sec. 15, Ch. 30, L. 1913; re-en. Sec. 2728, R.C.M. 1921; re-en. Sec. 2728, R.C.M. 1935; amd. Sec. 16, Ch. 225, L. 1971; amd. Sec. 34, Ch. 182, L. 1975; R.C.M. 1947, 69-1517(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 21, Ch. 514, L. 1995.  
  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.   History: En. Sec. 1, Ch. 440, L. 2021. 
  50-74-319 reserved. 
  50-74-320. Examinations -- fees -- third parties. (1) The department shall administer the engineer examinations at least once every 3 months at places within the state as determined by the department.   (2) The department shall determine the fees to be charged an applicant for each examination and reexamination. The fees must be commensurate with costs.   (3) The department may use a third party to provide examination and grading services.   History: En. Sec. 25, Ch. 196, L. 2003.  
  50-75-101. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 1, Ch. 92, L. 1917; amd. Sec. 1, Ch. 47, L. 1921; re-en. Sec. 3034, R.C.M. 1921; re-en. Sec. 3034, R.C.M. 1935; R.C.M. 1947, 50-901.  
  50-75-102. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 2, Ch. 92, L. 1917; amd. Sec. 2, Ch. 47, L. 1921; re-en. Sec. 3035, R.C.M. 1921; re-en. Sec. 3035, R.C.M. 1935; R.C.M. 1947, 50-902.  
  50-75-103. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 3, Ch. 92, L. 1917; re-en. Sec. 3036, R.C.M. 1921; re-en. Sec. 3036, R.C.M. 1935; R.C.M. 1947, 50-903.  
  50-75-104. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 4, Ch. 92, L. 1917; re-en. Sec. 3037, R.C.M. 1921; re-en. Sec. 3037, R.C.M. 1935; R.C.M. 1947, 50-904(part).  
  50-75-105. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 4, Ch. 92, L. 1917; re-en. Sec. 3037, R.C.M. 1921; re-en. Sec. 3037, R.C.M. 1935; R.C.M. 1947, 50-904(part); amd. Sec. 24, Ch. 37, L. 1979.  
  50-75-106. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 5, Ch. 92, L. 1917; re-en. Sec. 3038, R.C.M. 1921; re-en. Sec. 3038, R.C.M. 1935; R.C.M. 1947, 50-905.  
  50-75-107. Repealed. Sec. 10, Ch. 21, L. 1981.   History: En. Sec. 55, Ch. 96, L. 1915; amd. Sec. 6, Ch. 92, L. 1917; re-en. Sec. 3039, R.C.M. 1921; re-en. Sec. 3039, R.C.M. 1935; R.C.M. 1947, 50-906(part); amd. Sec. 25, Ch. 37, L. 1979.  
  50-76-101. When chapter not to apply. (1) This chapter does not apply to hoisting engines, air compressors, or elevators under federal control or to operating elevators in completed private or public buildings.   (2) The provisions of this chapter do not apply to forklifts and front-end and rear-end loaders or line trucks and bucket trucks.   (3) For the purposes of this section, "line trucks" are hoisting and digging devices mounted on a standard manufacturer's truck chassis with an all-weather cab capable of transporting a driver and two or more crew members. Line trucks are equipped with a hydraulically operated, telescoping boom that uses a nonmetallic cable for hoisting. Line trucks may be equipped with a rotary digging device and are capable of attaining maximum allowable highway speeds. "Bucket trucks" are personnel-lifting devices designed to lift personnel to work stations above ground. Bucket trucks are not designed for the purposes intended for a line truck.   History: (1)En. Sec. 3, Ch. 104, L. 1915; amd. Sec. 2, Ch. 31, L. 1919; re-en. Sec. 2732, R.C.M. 1921; re-en. Sec. 2732, R.C.M. 1947; amd. Sec. 19, Ch. 225, L. 1971; amd. Sec. 4, Ch. 456, L. 1975; Sec. 69-1603, R.C.M. 1947; (2)En. Sec. 1, Ch. 104, L. 1915; amd. Sec. 1, Ch. 31, L. 1919; re-en. Sec. 2730, R.C.M. 1921; re-en. Sec. 2730, R.C.M. 1935; amd. Sec. 17, Ch. 225, L. 1971; amd. Sec. 35, Ch. 182, L. 1975; amd. Sec. 1, Ch. 456, L. 1975; Sec. 69-1601, R.C.M. 1947; R.C.M. 1947, 69-1601(5), 69-1603(2); amd. Sec. 1, Ch. 288, L. 1983; amd. Sec. 1, Ch. 247, L. 1987; amd. Sec. 1892, Ch. 56, L. 2009.  
  50-76-102. Hoisting engine license required. (1) (a) It is unlawful for a person to operate any hoisting engine driven by any power when used in lowering or hoisting personnel or material in industrial operations or on construction projects without first obtaining a license from the department.   (b) In emergencies under 50-74-317 relating to the employment of unlicensed engineers, the provisions of that section apply to the operation of the engines and machinery named in this section.   (2) First-class hoisting engineers must be licensed to operate hoisting engines driven by any power and unlimited horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.   (3) Second-class hoisting engineers must be licensed to operate hoisting engines driven by any power and not in excess of 100 brake horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.   (4) The provisions of this section do not apply to hoists and cranes defined in 50-76-103.   History: En. Sec. 1, Ch. 104, L. 1915; amd. Sec. 1, Ch. 31, L. 1919; re-en. Sec. 2730, R.C.M. 1921; re-en. Sec. 2730, R.C.M. 1935; amd. Sec. 17, Ch. 225, L. 1971; amd. Sec. 35, Ch. 182, L. 1975; amd. Sec. 1, Ch. 456, L. 1975; R.C.M. 1947, 69-1601(1) thru (4); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 22, Ch. 514, L. 1995; amd. Sec. 187, Ch. 483, L. 2001.  
  50-76-103. Crane and hoist license required. (1) (a) It is unlawful for a person to operate any crane and hoist equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's load chart rating of 6 tons or more or to operate a tower crane of any capacity without first obtaining a license from the department. The crane and hoist equipment includes overhead trolley and gantry cranes used only in construction and excludes equipment with excavation attachments or log loading equipment when in use.   (b) In emergencies, 50-74-317 applies to the operation of the equipment named in this section.   (2) Licensing is as follows:   (a) Licensed first-class crane and hoist engineers may operate any hoisting equipment in industrial or construction operations.   (b) (i) An applicant for a first-class crane and hoist engineer's license must be at least 18 years of age and, except as provided in 50-76-113:   (A) may not have less than 1 year of experience operating equipment requiring a second-class crane and hoist engineer's license or shall demonstrate equivalent competency by examination; and   (B) shall pass a written test prescribed by the department.   (ii) A biennial physical exam is required of all first-class licensees.   (c) Licensed second-class crane and hoist engineers may operate crane and hoist equipment with a manufacturer's load chart rating of between 6 tons and 17.5 tons or a tower crane of any capacity.   (d) (i) An applicant for a second-class crane and hoist engineer's license must be at least 18 years of age and, and except as provided in 50-76-113:   (A) may not have less than 1 year of experience in actual operation of crane and hoist equipment covered by this section or shall demonstrate equivalent competency by examination; and   (B) shall pass a written examination prescribed by the department.   (ii) A biennial physical exam is required of all second-class licensees.   (e) Licensed third-class crane and hoist engineers may move all truck cranes driven by any power and of any capacity. This license requirement also applies to truck crane oilers who move truck cranes.   (f) An applicant for a third-class crane and hoist engineer's license is required to successfully pass a written test prescribed by the department and must be at least 18 years of age before receiving a license.   (3) The department shall reexamine each licensee every 5 years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for 5 years.   History: En. 69-1601.1 by Sec. 2, Ch. 456, L. 1975; amd. Sec. 1, Ch. 148, L. 1977; R.C.M. 1947, 69-1601.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 23, Ch. 514, L. 1995; amd. Sec. 44, Ch. 481, L. 1997; amd. Sec. 3, Ch. 65, L. 2001; amd. Sec. 188, Ch. 483, L. 2001; amd. Sec. 1, Ch. 93, L. 2005.  
  50-76-104. Application, examination, and fee for license. (1) Application for licenses must be made to the department and submitted with the appropriate fee that is set commensurate with the cost of administering this program, to be deposited in the state special revenue fund for use by the department.   (2) The department shall determine by rule the fees to be charged an applicant for each examination and reexamination. The fees must be commensurate with costs.   (3) The department may use a third party to perform examination and grading services.   History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 24, Ch. 514, L. 1995; amd. Sec. 45, Ch. 481, L. 1997; amd. Sec. 189, Ch. 483, L. 2001; amd. Sec. 27, Ch. 196, L. 2003.  
  50-76-105. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 55, Ch. 492, L. 1997; amd. Sec. 190, Ch. 483, L. 2001.  
  50-76-106. Repealed. Sec. 46, Ch. 481, L. 1997.   History: En. Sec. 2, Ch. 104, L. 1915; re-en. Sec. 2731, R.C.M. 1921; re-en. Sec. 2731, R.C.M. 1935; amd. Sec. 18, Ch. 225, L. 1971; amd. Sec. 36, Ch. 182, L. 1975; amd. Sec. 3, Ch. 456, L. 1975; R.C.M. 1947, 69-1602(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 25, Ch. 514, L. 1995.  
  50-76-107. Scope of license. A license granted under this chapter entitles the holder to operate any of the machinery named in 50-76-102 and 50-76-103, and the license shall specify that machinery, but no license issued shall authorize or qualify the person to whom issued to operate a boiler, steam engine, steam-driven machinery, or air compressor.   History: En. Sec. 3, Ch. 104, L. 1915; amd. Sec. 2, Ch. 31, L. 1919; re-en. Sec. 2732, R.C.M. 1921; re-en. Sec. 2732, R.C.M. 1947; amd. Sec. 19, Ch. 225, L. 1971; amd. Sec. 4, Ch. 456, L. 1975; R.C.M. 1947, 69-1603(1).  
  50-76-108. Renewal of application by rejected candidate. A person who has applied for a license under this chapter and has been rejected may renew the application for a license within the time and in the manner prescribed in 50-74-312.   History: En. Sec. 6, Ch. 104, L. 1915; re-en. Sec. 2735, R.C.M. 1921; amd. Sec. 5, Ch. 456, L. 1975; R.C.M. 1947, 69-1606; amd. Sec. 1893, Ch. 56, L. 2009.  
  50-76-109. Violation of chapter -- misdemeanor. (1) A person who operates a crane, hoist, or other equipment described in 50-76-102 or 50-76-103 for which a crane and hoist engineer's license is required without first obtaining a license, and every owner, employer, or manager of the crane, hoist, or other equipment who permits an unlicensed person to operate the crane, hoist, or other equipment is guilty of a misdemeanor.   (2) A person who knowingly operates or an owner, employer, or manager who knowingly allows the operation of a crane, hoist, or other equipment in violation of the rules adopted pursuant to 50-76-110(2) is guilty of a misdemeanor.   History: En. Sec. 7, Ch. 104, L. 1915; re-en. Sec. 2736, R.C.M. 1921; re-en. Sec. 2736, R.C.M. 1935; amd. Sec. 21, Ch. 225, L. 1971; amd. Sec. 7, Ch. 456, L. 1975; amd. Sec. 2, Ch. 148, L. 1977; R.C.M. 1947, 69-1607; amd. Sec. 4, Ch. 93, L. 2005.  
  50-76-110. Crane inspector -- qualifications -- inspections. (1) The department shall employ at least one crane inspector. A crane inspector must have a minimum of 3 years of experience as a licensed third-class crane and hoist engineer.   (2) The department may adopt by rule applicable operating and safety standards established by the American national standards institute.   (3) A crane inspector may require that a crane, hoist, or other equipment subject to this chapter that is not being operated in compliance with an operating or safety standard adopted by rule pursuant to subsection (2) be declared to be out of service and that the crane, hoist, or other equipment not be operated until the noncompliance is cured.   History: En. 69-1608 by Sec. 6, Ch. 456, L. 1975; R.C.M. 1947, 69-1608; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 26, Ch. 514, L. 1995; amd. Sec. 191, Ch. 483, L. 2001; amd. Sec. 5, Ch. 93, L. 2005; amd. Sec. 1, Ch. 45, L. 2015.  
  50-76-111. Definitions. As used in this part, the following definitions apply:   (1) "Crane" means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally.   (2) "Department" means the department of labor and industry provided for in 2-15-1701.   (3) "Gantry crane" and "trolley crane" are synonymous and mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or another type of runway.   (4) "Hoist" means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements.   History: En. Sec. 40, Ch. 481, L. 1997; amd. Sec. 192, Ch. 483, L. 2001.  
  50-76-112. Rulemaking authority. (1) The department may adopt rules consistent with the purposes of this chapter for the administration of the following classes of crane and hoist operators:   (a) crane and hoist oiler;   (b) crane and hoist hoisting;   (c) crane and hoist hydraulic;   (d) crane gantry and trolley;   (e) hoists;   (f) mine hoists;   (g) hydraulic and boom trucks;   (h) tower crane; and   (i) air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.   (2) In adopting rules pertaining to inspections and safety requirements, the department may consult with engineering authorities and organizations concerned with safety codes, rules, and regulations governing the operation, testing, maintenance, and inspection of cranes, hoists, and other equipment subject to the provisions of this chapter.   History: En. Sec. 41, Ch. 481, L. 1997; amd. Sec. 6, Ch. 93, L. 2005.  
  50-76-113. Recognition of national certification. (1) The department shall issue a first-class or second-class crane and hoist engineer's license to any individual who is certified by the national commission for the certification of crane operators or any other similar certifying organization that has been approved by the department as having qualifications that are at least substantially equivalent to the requirements of this state for licensing as a first-class or second-class crane and hoist engineer.   (2) An individual licensed under this section is subject to all requirements of this chapter pertaining to licensed first-class or second-class crane and hoist engineers, including license fees, biennial physical exams, and 5-year reexaminations.   History: En. Sec. 2, Ch. 93, L. 2005; amd. Sec. 23, Ch. 100, L. 2011.  
  50-76-114. Failure of licensee to have possession of license or proof of license while operating equipment. (1) A person may not operate any equipment covered by licensure under this chapter unless the person has possession of the license or proof of licensure at the time the person is operating the equipment.   (2) The department shall issue a citation to any person violating the provisions of subsection (1). The department may direct an employee of the department to conduct onsite inspections to determine compliance with subsection (1) and to issue citations for violations of subsection (1).   (3) The citation must include:   (a) the time and date on which the citation is issued;   (b) the name, address, and mailing address of the person receiving the citation;   (c) information explaining the procedure for paying the fine or for providing the department with proof of licensure;   (d) a statement that the amount of the fine is $100 and that the person receiving the citation has 30 days from the date of the citation to pay the fine or to submit proof of licensure to the department; and   (e) a statement that failure to pay the fine or to provide proof of licensure may result in revocation of the license of the person receiving the citation.   (4) The department shall waive the fine for any person who provides proof of licensure within the 30-day period provided in subsection (3)(d).   History: En. Sec. 3, Ch. 93, L. 2005.  
  50-77-101. Scaffolds -- definition -- safety practices -- liability. (1) As used in this part, "scaffold" or "scaffolding" means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. The term includes a ladder or other equipment that is the exclusive route of access to the scaffold but does not include any other ladder or other mobile construction equipment.   (2) Employers and employees shall follow safety practices commonly recognized in the construction industry as well as applicable state and federal occupational safety laws.   (3) Subject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor, or builder who uses or constructs a scaffold on a construction site is liable for damages sustained by any person who uses the scaffold, except a fellow employee or immediate employer, when the damages are caused by negligence of the contractor, subcontractor, or builder in the use or construction of the scaffold.   (4) If a person dies from an injury caused by the negligent use or construction of a scaffold, the right of action survives and may be prosecuted and maintained by the decedent's heirs or personal representatives.   History: En. Sec. 1, Ch. 107, L. 1909; re-en. Sec. 2672, R.C.M. 1921; re-en. Sec. 2672, R.C.M. 1935; amd. Sec. 8, Ch. 187, L. 1977; R.C.M. 1947, 69-1401; amd. Sec. 1, Ch. 404, L. 1995; (3), (4)En. Sec. 2, Ch. 404, L. 1995.  
  50-77-102. Temporary floors for protection of workers. (1) It is the duty of an owner, person, or corporation that has the direct and immediate supervision or control of the construction or remodeling of any building having more than three framed floors, whether some or all of the floors are above or below the established street grade, to provide and lay upon the upper side of the joists or girders, or both, of the first floor below the riveters and structural steel setters a plank floor, which must be laid to form a good substantial temporary floor for the protection of employees and all persons engaged above or below or on the temporary floor in the building.   (2) If the permanent floor is in place on the floor required to be planked, a temporary protective floor may not be required.   (3) If the floor or permanent floor of the second floor, any other floor above the second floor, or the roof is being placed previous to the permanent floor immediately below the floor that is being arched or planked, a good substantial temporary floor must be laid on the joists and girders of the next lower floor.   (4) For the purpose of this section, the lowest framed floor in the building is considered the first floor.   History: En. Sec. 2, Ch. 107, L. 1909; re-en. Sec. 2673, R.C.M. 1921; R.C.M. 1947, 69-1402; amd. Sec. 1894, Ch. 56, L. 2009.  
  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.   History: En. Sec. 3, Ch. 107, L. 1909; re-en. Sec. 2674, R.C.M. 1921; R.C.M. 1947, 69-1403.  
  50-77-104. Guarding of stairways and other openings. It shall be the duty of all owners, contractors, builders, or persons having the direct and immediate control or supervision of any buildings in course of erection, which shall be more than 30 feet high, to see that all stairways, elevator openings, flues, and all other openings in the floors shall be covered or properly protected.   History: En. Sec. 4, Ch. 107, L. 1909; re-en. Sec. 2675, R.C.M. 1921; re-en. Sec. 2675, R.C.M. 1935; R.C.M. 1947, 69-1404(part).  
  50-77-105. Temporary toilets. Wherever such building or buildings over three stories high, other than a residence, are being erected in any city or town, temporary toilets in or convenient to such building shall be maintained for the convenience of the employees.   History: En. Sec. 4, Ch. 107, L. 1909; re-en. Sec. 2675, R.C.M. 1921; re-en. Sec. 2675, R.C.M. 1935; R.C.M. 1947, 69-1404(part).  
  50-77-106. Repealed. Sec. 1, Ch. 232, L. 1999.   History: En. Sec. 5, Ch. 107, L. 1909; re-en. Sec. 2676, R.C.M. 1921; re-en. Sec. 2676, R.C.M. 1935; R.C.M. 1947, 69-1405(part).  
  50-77-107. Penalty for violation. Any person violating any of the provisions of the foregoing sections shall be fined not less than $100 or more than $200 for each offense.   History: En. Sec. 5, Ch. 107, L. 1909; re-en. Sec. 2676, R.C.M. 1921; re-en. Sec. 2676, R.C.M. 1935; R.C.M. 1947, 69-1405(part).  
  50-78-101. Short title. This chapter may be known and cited as the "Employee and Community Hazardous Chemical Information Act".   History: En. Sec. 1, Ch. 641, L. 1985.  
  50-78-102. Definitions. As used in this chapter, the following definitions apply:   (1) "Chemical manufacturer" means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution.   (2) "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the international union of pure and applied chemistry or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation.   (3) "Common name" means any designation or identification, such as code name, code number, trade name, brand name, or generic name, used to identify a chemical other than by its chemical name.   (4) "Department" means the department of environmental quality provided for in Title 2, chapter 15, part 35.   (5) "Designated representative" means:   (a) the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or   (b) a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization.   (6) "Distributor" means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers.   (7) "Employee" means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies.   (8) "Employer" means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers.   (9) "Exposure" means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure.   (10) "Hazardous chemical" means, except as provided in 50-78-103:   (a) any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;   (b) any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or   (c) any emitter of ionizing radiation.   (11) "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.   (12) "Local fire chief" means the chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee.   (13) "Manufacturing employer" means an employer with a workplace classified in codes 31 through 33 of the North American Industry Classification System who manufactures, uses, or stores a hazardous chemical.   (14) "Material safety data sheet" means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information.   (15) "Nonmanufacturing employer" means an employer with a workplace classified in a North American Industry Classification System code other than 31 through 33.   (16) "OSHA standard" means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 CFR 1910.1200.   (17) "Trade secret" means a confidential formula, pattern, process, device, or information, including chemical name or other unique chemical identifier, that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors.   (18) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced, used, or stored and where employees are present.   (19) "Workplace" means an establishment at one geographical location containing one or more work areas.   (20) "Workplace chemical list" means the list of hazardous chemicals developed under subsection (e)(1)(i) of the OSHA standard or under this chapter.   History: En. Sec. 2, Ch. 641, L. 1985; amd. Sec. 145, Ch. 418, L. 1995; amd. Sec. 332, Ch. 546, L. 1995; amd. Sec. 80, Ch. 51, L. 1999; amd. Sec. 36, Ch. 449, L. 2007.  
  50-78-103. Applicability -- exemptions. (1) The provisions of this chapter do not apply to:   (a) any consumer product intended for personal consumption or use by an employee;   (b) any retail food sale establishment or other retail trade establishment, exclusive of processing and repair areas;   (c) a food, drug, or cosmetic as defined in the Montana Food, Drug, and Cosmetic Act, Title 50, chapter 31;   (d) a source of ionizing radiation that is an exempt or generally licensed material or device, as defined and described in rules adopted under 50-79-202 and implementing 50-79-104 and 50-79-202;   (e) the radiological properties of any source, byproduct, or special nuclear material as defined in sections 11(z), 11(aa), and 11(e)(1) of the federal Atomic Energy Act of 1954; or   (f) sealed containers of hazardous chemicals:   (i) during transportation or while in storage at transportation terminals, so long as existing labels are not removed or defaced and the employer complies with state and federal regulations relating to the transportation of hazardous chemicals; or   (ii) at a facility of a distributor, as long as existing labels are not removed or defaced and the employer distributes material safety data sheets as required under 50-78-203(1).   (2) Employers operating the following workplaces are in compliance with this chapter if they retain and make accessible to employees and, when applicable, to students, all material safety data sheets received or, if no material safety data sheet is received for a hazardous chemical, any other information received on its hazards and safe handling and if the provisions of 50-78-206, 50-78-301(2) through (4), and 50-78-305 are met:   (a) a teaching, research, or testing laboratory, including any associated storeroom;   (b) a clinical laboratory or health care facility as defined in 50-5-101;   (c) a pharmacy as defined in 37-7-101;   (d) a public health center as defined in 7-34-2102; or   (e) an office of a physician, dentist, osteopath, podiatrist, optometrist, or veterinarian licensed under Title 37.   (3) The provisions of this chapter do not apply to any hazardous chemical subject to the packaging and labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136, et seq., except that a chemical manufacturer producing the hazardous chemicals must comply with all provisions of this chapter.   History: En. Sec. 3, Ch. 641, L. 1985; amd. Sec. 1, Ch. 536, L. 1987; amd. Sec. 16, Ch. 93, L. 1997.  
  50-78-104. Relationship to OSHA standard. Any employer complying with the provisions of the OSHA standard, whether or not that employer is regulated by the OSHA standard, is exempt from the provisions of this chapter, except for 50-78-204 and 50-78-301.   History: En. Sec. 4, Ch. 641, L. 1985; amd. Sec. 2, Ch. 536, L. 1987.  
  50-78-201. Notice to employees. Employers shall post adequate notice at locations where notices are normally posted informing employees about their rights under this chapter.   History: En. Sec. 5, Ch. 641, L. 1985.  
  50-78-202. Workplace chemical list. (1) Each employer shall compile and maintain a workplace chemical list. Except as provided in 50-78-205, the workplace chemical list must contain the chemical name of each hazardous chemical in the workplace, cross-referenced to any generally used common name. For chemical mixtures, the chemical name of each hazardous constituent indicated on the material safety data sheet must be provided in parentheses along with the chemical name. The chemical abstracts service registry number, if available from the material safety data sheet, must accompany all chemical names on the workplace chemical list.   (2) The workplace chemical list must indicate the work area in which each hazardous chemical is normally stored or used.   (3) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided the list is readily available to employees and their designated representatives.   (4) New or newly assigned employees must be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.   (5) The workplace chemical list must be updated as necessary but not less than annually.   History: En. Sec. 6, Ch. 641, L. 1985; amd. Sec. 1, Ch. 15, Sp. L. June 1986.  
  50-78-203. Material safety data sheets. (1) Each chemical manufacturer or distributor shall provide a manufacturing or nonmanufacturing employer with the appropriate material safety data sheet upon delivery of a hazardous chemical.   (2) Each employer shall maintain the most current material safety data sheet for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time a hazardous chemical is delivered to the employer, the employer shall request one in writing within 5 working days. Each employer shall maintain a copy of any correspondence sent or received by the employer in an effort to obtain a material safety data sheet for a hazardous chemical when none was provided by the chemical manufacturer or distributor.   (3) Material safety data sheets must be provided by the employer to any employee or designated representative upon request for review or copying.   History: En. Sec. 7, Ch. 641, L. 1985.  
  50-78-204. Employee rights. (1) An employee who may be exposed to hazardous chemicals must be informed of the potential or actual exposure and must be provided access to the workplace chemical list and to the material safety data sheet for each hazardous chemical. An employer who does not provide an employee with information on a hazardous chemical within 5 working days of the request for information, as required by this chapter, may not require the employee to work with the hazardous chemical until the information is made available.   (2) Each employee must receive training from the employer, as provided in 50-78-305 or in the OSHA standard, on the hazards of workplace chemicals and on protective measures for handling those chemicals.   (3) Each employee required to work with a hazardous chemical must be provided with appropriate personal protective equipment.   (4) An employer may not discharge, cause to be discharged, discipline, discriminate against, or initiate any adverse personnel action against any employee who exercises the employee's rights, testifies, or assists others in exercising their rights or duties under this chapter.   (5) A waiver by an employee of the benefits, rights, or requirements of this chapter is against public policy and is void. An employer's request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.   (6) A designated representative may act on behalf of an employee in pursuing any right or enforcement remedy under this chapter.   History: En. Sec. 10, Ch. 641, L. 1985; amd. Sec. 1895, Ch. 56, L. 2009.  
  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.   History: En. Sec. 11, Ch. 641, L. 1985.  
  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.   History: En. Sec. 8, Ch. 641, L. 1985.  
  50-78-301. Emergency and community information. (1) An employer shall comply with the provisions of the federal Emergency Planning and Community Right-to-Know Act of 1986 or be subject to the enforcement provisions thereof.   (2) The local fire chief must be permitted onsite inspection of hazardous chemicals in any workplace, including workplaces under the control of a state agency, for the purposes of planning fire department activities in case of an emergency and reviewing compliance with this chapter. For a workplace that employs fire safety personnel, the local fire chief shall consult with the responsible fire safety official to clarify respective roles and response procedures in the event of an emergency.   (3) As a result of an inspection, the local fire chief may note and report for possible action by the county attorney or other appropriate law enforcement official any violation by an employer of a provision of this chapter or any other law pertaining to hazardous chemicals or fire safety.   (4) The local fire chief shall consult at least annually on safety and emergency considerations with each person responsible for the operation of any research, educational, or testing laboratory workplace. The consultation may result in recommendations or, under the provisions of 50-62-102, orders by the fire chief to be implemented by the laboratory operator to enhance public safety, to reduce the likelihood of emergency incidents, or to improve emergency response in the event of an accident. The person responsible for the operation of the laboratory shall contact the local fire chief at any time there is a significant change in the location or nature of the hazardous chemicals in the workplace, initiation of any new and potentially dangerous method of processing or reacting hazardous chemicals, or any other operational change affecting emergency response considerations.   History: En. Sec. 9, Ch. 641, L. 1985; amd. Sec. 2, Ch. 15, Sp. L. June 1986; amd. Sec. 3, Ch. 536, L. 1987; amd. Sec. 36, Ch. 706, L. 1991.  
  50-78-302 through 50-78-304 reserved.  
  50-78-305. Employee education program. (1) Each employer shall provide, at least annually, an education and training program for all of the employer's employees using or handling hazardous chemicals. Additional instruction must be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees must be provided training before working with or in a work area containing a hazardous chemical.   (2) The programs must provide instruction in:   (a) interpreting labels and material safety data sheets and the relationship between these two methods of hazard communication;   (b) the location and acute and chronic effects of hazardous chemicals used by the employees; and   (c) the safe handling, protective equipment, first-aid treatment, and cleanup and disposal procedures for hazardous chemicals.   (3) The employer shall keep a record of the dates of training sessions given to employees and the names of the employees attending.   History: En. Sec. 12, Ch. 641, L. 1985; amd. Sec. 1896, Ch. 56, L. 2009.  
  50-78-306. Departmental information program. (1) The department may develop and provide to any employer a suitable form of notice to inform employees of their rights under this chapter.   (2) The department may develop an education and training program to assist employers in complying with the provisions of 50-78-204.   (3) The department may develop and distribute a supply of informational leaflets on employer duties, employee rights, the effects of hazardous chemicals, and any other topic related to hazardous chemicals in the workplace.   (4) The department may contract with the Montana university system or any other public or private organization to develop and implement an information program on hazardous chemicals in the workplace.   History: En. Sec. 13, Ch. 641, L. 1985.  
  50-78-401. No effect on other duties or liabilities. The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals, nor does it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease or accident as required under any other provision of law. The provision of information to an employee does not affect any other duty of a manufacturer, producer, or formulator to warn ultimate users of a hazardous chemical under any other provision of law.   History: En. Sec. 14, Ch. 641, L. 1985.  
  50-78-402. Complaints, investigation, and penalties. (1) An employee in a workplace covered by the OSHA standard who believes the employer is not complying with the provisions of the OSHA standard may report the alleged violation to the federal occupational safety and health administration.   (2) An employee who believes an employer is not complying with the provisions of this chapter may submit a written complaint to the local health officer, as defined and described in Title 50, chapter 2, part 1.   (3) If the local health officer chooses to act on the complaint, the officer shall:   (a) within 5 working days of receipt of the complaint, investigate the complaint and, in the event of an apparent violation, seek a corrective response from the employer;   (b) within 10 working days of receipt of a complaint, complete a report that details the findings of the investigation and the response of the employer;   (c) upon completion of the report, submit copies to the employee requesting the investigation, the county attorney, and the employer; and   (d) if the evidence suggests that the employer has violated the provisions of this chapter and the health officer does not receive a corrective response within 10 days of notifying the employer of the violation, file a complaint in the appropriate court or request appropriate action by the county attorney to prosecute the alleged violation.   (4) An employee may submit a written complaint to the county attorney.   (5) The county attorney shall investigate any complaint received and, if a violation appears to have occurred and the county attorney does not receive a corrective response within 10 days of notifying the employer of the violation, initiate appropriate court proceedings to prosecute the violation.   (6) A person found to be knowingly in violation of this chapter is guilty of a misdemeanor. Each day of violation is a separate offense.   History: En. Sec. 15, Ch. 641, L. 1985; amd. Sec. 1897, Ch. 56, L. 2009.  
  50-79-101. Policy. It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, to:   (1) institute and maintain a regulatory program for sources of ionizing radiation so as to provide, for compatibility with the standards and regulatory programs of the federal government, a single effective system of regulation within the state and a system consistent insofar as possible with those of other states; and   (2) institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.   History: En. Sec. 1, Ch. 108, L. 1967; R.C.M. 1947, 69-5801; Sec. 75-3-101, MCA 1995; redes. 50-79-101 by Sec. 13, Ch. 73, L. 1997.  
  50-79-102. Purpose. It is the purpose of this chapter to provide a program:   (1) of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;   (2) to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;   (3) to establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source, and special nuclear materials; and   (4) to permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.   History: En. Sec. 2, Ch. 108, L. 1967; R.C.M. 1947, 69-5802; Sec. 75-3-102, MCA 1995; redes. 50-79-102 by Sec. 13, Ch. 73, L. 1997.  
  50-79-103. Definitions. The definitions used in this chapter are intended to be consistent with those used in 10 CFR 1-171 and 49 CFR 173.401 through 173.478, subpart I. Unless the context requires otherwise, in this chapter, the following definitions apply:   (1) "Byproduct material" means:   (a) any radioactive material (except special nuclear material) yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or using special nuclear material; and   (b) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.   (2) "Department" means the department of public health and human services.   (3) "Disposal" means burial in soil, release through the sanitary sewerage system, incineration, or permanent long-term storage with no intention of or provision for subsequent removal.   (4) "General license" means a license effective pursuant to rules promulgated by the department without the filing of an application to transfer, acquire, own, possess, or use quantities of or devices or equipment using quantities of byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. General licenses are effective without the filing of applications with the department or the issuing of licensing documents to the user.   (5) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light.   (6) "Large quantity radioactive material" means highway route controlled quantity as defined in 49 CFR 173.403.   (7) "Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of a political subdivision, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission, any successor, or federal agencies licensed by the nuclear regulatory commission.   (8) "Registration" means the registering with the department by the legal owner, user, or authorized representative of sources of ionizing radiation in the manner prescribed by rule.   (9) "Source material" means uranium, thorium, or any other material that the department or the United States nuclear regulatory commission declares by order to be source material or ores containing one or more of the foregoing materials in a concentration that the department or the nuclear regulatory commission declares by order to be source material after the nuclear regulatory commission has determined the material in that concentration to be source material.   (10) "Special nuclear material" means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the department or the United States nuclear regulatory commission or any successor declares by order to be special nuclear material or any material artificially enriched by any of the foregoing but does not include source material.   (11) "Specific license" means a license issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment using quantities of byproduct, special nuclear materials, or other radioactive material occurring naturally or produced artificially.   History: En. Sec. 3, Ch. 108, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; amd. Sec. 16, Ch. 140, L. 1977; R.C.M. 1947, 69-5803; amd. Sec. 1, Ch. 68, L. 1979; amd. Sec. 2, I.M. No. 84, approved Nov. 4, 1980; amd. Sec. 180, Ch. 418, L. 1995; amd. Sec. 265, Ch. 42, L. 1997; amd. Sec. 6, Ch. 73, L. 1997; Sec. 75-3-103, MCA 1995; redes. 50-79-103 by Sec. 13, Ch. 73, L. 1997.  
  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.   History: (1), (2)En. Sec. 15, Ch. 108, L. 1967; Sec. 69-5815, R.C.M. 1947; (3)En. Sec. 8, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5808, R.C.M. 1947; R.C.M. 1947, 69-5808(4), 69-5815; amd. Sec. 2, Ch. 68, L. 1979; Sec. 75-3-104, MCA 1995; redes. 50-79-104 by Sec. 13, Ch. 73, L. 1997.  
  50-79-105. Conflicting laws. Ordinances, resolutions, or regulations now or hereafter in effect of the governing body of a municipality or county relating to byproduct, source, and special nuclear materials shall not be superseded by this chapter, provided that such ordinances or regulations are and shall continue to be consistent with the provisions of this chapter, amendments thereto, and rules thereunder.   History: En. Sec. 11, Ch. 108, L. 1967; R.C.M. 1947, 69-5811; Sec. 75-3-105, MCA 1995; redes. 50-79-105 by Sec. 13, Ch. 73, L. 1997.  
  50-79-106. Confidentiality -- trade secrets. A report of investigation or inspection or processes obtained under this chapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the department.   History: En. Sec. 6, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1975; amd. Sec. 17, Ch. 140, L. 1977; R.C.M. 1947, 69-5806(8); Sec. 75-3-106, MCA 1995; redes. 50-79-106 by Sec. 13, Ch. 73, L. 1997.  
  50-79-107. Inspections. The department or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the department, other than a private dwelling, for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules promulgated thereunder, and the owner, occupant, or person in charge of such property shall permit such entry and inspection. Entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.   History: En. Sec. 7, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5807; Sec. 75-3-107, MCA 1995; redes. 50-79-107 by Sec. 13, Ch. 73, L. 1997.  
  50-79-108. Inspection agreements and training programs. (1) The department, on behalf of the state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies whereby this state shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.   (2) The department and any other appropriate state agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.   History: En. Sec. 10, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5810; Sec. 75-3-108, MCA 1995; redes. 50-79-108 by Sec. 13, Ch. 73, L. 1997.  
  50-79-201. State radiation control agency. (1) The department is the state radiation control agency.   (2) Under the laws of this state, the department may employ, compensate, and prescribe the powers and duties of the individuals that are necessary to carry out this chapter.   (3) The department may, subject to the provisions of 50-79-410, for the protection of the occupational and public health and safety:   (a) develop and conduct programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;   (b) develop programs and adopt rules with due regard for compatibility with federal programs for licensing and regulation of byproduct, source, radioactive waste, and special nuclear materials and other radioactive materials. These rules must cover equipment and facilities, methods for transporting, handling, and storage of radioactive materials, permissible levels of exposure, technical qualifications of personnel, required notification of accidents and other incidents involving radioactive materials, survey methods and results, methods of disposal of radioactive materials, posting and labeling of areas and sources, and methods and effectiveness of controlling individuals in posted and restricted areas.   (c) adopt rules relating to control of other sources of ionizing radiation. These rules must cover equipment and facilities, permissible levels of exposure to personnel, posting of areas, surveys, and records.   (d) advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;   (e) accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;   (f) encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation;   (g) collect and disseminate information relating to control of sources of ionizing radiation, including:   (i) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;   (ii) maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under this chapter and any administrative or judicial action pertaining to this chapter;   (iii) maintenance of a file of all rules relating to regulation of sources of ionizing radiation, pending or adopted, and proceedings.   History: En. Sec. 4, Ch. 108, L. 1967; amd. Sec. 83, Ch. 349, L. 1974; R.C.M. 1947, 69-5804; amd. Sec. 10, Ch. 471, L. 1995; Sec. 75-3-201, MCA 1995; redes. 50-79-201 by Sec. 13, Ch. 73, L. 1997.  
  50-79-202. Licensing and registration. (1) The department may provide by rule for general or specific licensing of persons to receive, possess, or transfer radioactive materials and devices or equipment utilizing such materials. The rules shall provide for amendment, suspension, or revocation of licenses pursuant to 50-79-401 and 50-79-403.   (2) Each application for a specific license shall be in writing and shall state such information as the department by rule may determine to be necessary to decide the technical, insurance, and financial qualifications or any other qualification of the applicant as the department considers reasonable and necessary to protect the occupational and public health and safety. The department may, at any time after the filing of the application and before the expiration of the license, require further written statements and may make such inspections as the department considers necessary in order to determine whether the license should be granted, denied, modified, suspended, or revoked. All applications and statements shall be signed by the applicant or licensee. The department may require an application or statement to be made under oath or affirmation.   (3) Each license shall be in such form and contain such terms and conditions as the department may by rule prescribe.   (4) No license issued pursuant to the provisions of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license may be assigned or in any manner disposed of.   (5) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules or orders issued in accordance with the provisions of this chapter.   (6) The department may require registration and inspection of persons dealing with sources of ionizing radiation which do not require a specific license and may require compliance with specific safety standards to be promulgated by the department.   (7) The department is authorized to exempt certain users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of the users will not constitute a significant risk to the health and safety of the public.   (8) Rules promulgated pursuant to this chapter may provide for recognition of such other state or federal licenses as the department considers desirable, subject to such registration requirements as the department prescribes.   History: En. Sec. 6, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1975; amd. Sec. 17, Ch. 140, L. 1977; R.C.M. 1947, 69-5806(1) thru (7), (9); amd. Sec. 1, Ch. 574, L. 1983; Sec. 75-3-202, MCA 1995; redes. 50-79-202 by Sec. 13, Ch. 73, L. 1997.  
  50-79-203. Federal-state agreements. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state.   (2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government shall be deemed to possess the same pursuant to this chapter, which shall expire either 90 days after receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.   History: En. Sec. 9, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5809; Sec. 75-3-203, MCA 1995; redes. 50-79-203 by Sec. 13, Ch. 73, L. 1997.  
  50-79-204. Records. (1) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require, subject to such exemptions as may be provided by rules.   (2) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted to the department on request.   (3) The department shall adopt reasonable regulations, compatible with those of the United States nuclear regulatory commission or the national committee on radiation protection, pertaining to reports of exposure of personnel to radiation. The regulations shall require that reports of excessive exposure be made to the individual exposed and to the department and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required.   History: En. Sec. 8, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5808(1) thru (3); amd. Sec. 3, Ch. 68, L. 1979; Sec. 75-3-204, MCA 1995; redes. 50-79-204 by Sec. 13, Ch. 73, L. 1997.  
  50-79-301. Definition. Notwithstanding the definition in 50-79-103, as used in this part "person" means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity.   History: En. 69-5817 by Sec. 1, Ch. 68, L. 1977; R.C.M. 1947, 69-5817; amd. Sec. 4, Ch. 68, L. 1979; Sec. 75-3-301, MCA 1995; redes. 50-79-301 by Sec. 13, Ch. 73, L. 1997.  
  50-79-302. Disposal of large quantities of radioactive material prohibited -- exceptions and exclusion. (1) No person may dispose of large quantity radioactive material, byproduct material, or special nuclear material within the state of Montana.   (2) Byproduct material (except large quantity radioactive material) possessed, used, and transported for educational purposes, scientific research and development, medical research, diagnosis, and treatment, geophysical surveying, and similar uses licensed by the United States nuclear regulatory commission shall be excepted from this part, provided that such material is being or has been lawfully disposed of within Montana upon the effective date of this Act.   (3) Nothing in this part precludes the construction of a nuclear facility approved under the requirements of the Montana Major Facility Siting Act, or the mining of any raw ore, provided that such activity is not inconsistent with this part.   History: En. 69-5818, 69-5819, 69-5821 by Secs. 2, 3, 5, Ch. 68, L. 1977; R.C.M. 1947, 69-5818, 69-5819, 69-5821; amd. Sec. 3, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-302, MCA 1995; redes. 50-79-302 by Sec. 13, Ch. 73, L. 1997.  
  50-79-303. Penalty. A person who knowingly or purposely disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined an amount not more than $5,000 or be imprisoned for not more than two years, or both, for each offense. A person who negligently disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined not more than $1,000 for each offense. In this part, each day of violation constitutes a separate offense.   History: En. 69-5820 by Sec. 4, Ch. 68, L. 1977; R.C.M. 1947, 69-5820; amd. Sec. 4, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-303, MCA 1995; redes. 50-79-303 by Sec. 13, Ch. 73, L. 1997.  
  50-79-304. Policy. It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, under the police powers of the state and for protection of the constitutional right to a healthy environment, to prohibit the disposal of certain radioactive material.   History: En. Sec. 1, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-304, MCA 1995; redes. 50-79-304 by Sec. 13, Ch. 73, L. 1997.  
  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.   History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(1); amd. Sec. 181, Ch. 418, L. 1995; Sec. 75-3-401, MCA 1995; redes. 50-79-401 by Sec. 13, Ch. 73, L. 1997.  
  50-79-402. Emergency impoundment of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or who fails to observe the provisions of this chapter or any rules promulgated hereunder.   History: En. Sec. 14, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5814; Sec. 75-3-402, MCA 1995; redes. 50-79-402 by Sec. 13, Ch. 73, L. 1997.  
  50-79-403. Emergency orders and rules. When the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue a rule or order reciting the existence of the emergency and requiring that such action be taken as considered necessary to meet the emergency. Notwithstanding any provision of this chapter to the contrary, the rule or order is effective immediately. A person to whom the rule or order is directed shall comply with it immediately but on application to the board shall be afforded a prompt hearing. On the basis of the hearing the emergency rule or order shall be continued, modified, or revoked by the board within 30 days after the hearing or when the emergency no longer exists.   History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(2); Sec. 75-3-403, MCA 1995; redes. 50-79-403 by Sec. 13, Ch. 73, L. 1997.  
  50-79-404. Prohibited activity. (1) No person shall acquire, own, possess, or use any radioactive byproduct material, source material, special nuclear materials, or other radioactive materials, occurring naturally or produced artificially, without having been granted a license therefor from the department or transfer to another or dispose of said materials without first having been granted approval of the department therefor in accordance with the administrative rules of the department.   (2) It shall be unlawful for any person to use, manufacture, produce, or knowingly transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless such person is licensed by or registered with the department in accordance with the provisions of this chapter and rules issued hereunder.   History: (1)En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5816, R.C.M. 1947; (2)En. Sec. 13, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5813, R.C.M. 1947; R.C.M. 1947, 69-5813, 69-5816(part); Sec. 75-3-404, MCA 1995; redes. 50-79-404 by Sec. 13, Ch. 73, L. 1997.  
  50-79-405. Penalty. A person who violates 50-79-404 is guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $1,000 or by confinement in the county jail of not less than 30 days and not more than 90 days or by both.   History: En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5816(part); amd. Sec. 5, Ch. 68, L. 1979; Sec. 75-3-405, MCA 1995; redes. 50-79-405 by Sec. 13, Ch. 73, L. 1997.  
  50-79-406. Injunctions. The department may maintain an action in the district court to enjoin a continuance of an act in violation of this chapter or of a rule or order issued under this chapter. If the court finds that the defendant is violating or has violated any of the provisions of this chapter or any rule or order issued under this chapter, it shall enjoin the defendant from a continuance thereof.   History: En. Sec. 1, Ch. 323, L. 1989; Sec. 75-3-406, MCA 1995; redes. 50-79-406 by Sec. 13, Ch. 73, L. 1997.  
  50-79-407. Civil penalties -- deposit in general fund -- injunctions not barred. (1) A person who violates this chapter or a rule or order issued under this chapter is subject to a civil penalty not to exceed $5,000 for each violation. For purposes of this section, each day of a violation is a separate violation.   (2) The department shall initiate civil proceedings in district court to recover a penalty under subsection (1).   (3) Civil penalties collected under this section must be deposited in the general fund.   (4) An action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.   History: En. Sec. 2, Ch. 323, L. 1989; Sec. 75-3-407, MCA 1995; redes. 50-79-407 by Sec. 13, Ch. 73, L. 1997.  
  50-79-408 and 50-79-409 reserved.  
  50-79-410. State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.   (2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:   (a) the proposed state standard or requirement protects public health or the environment of the state; and   (b) the state 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 department'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 state standard or requirement.   (4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by 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 department may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.   (5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 3, Ch. 471, L. 1995; Sec. 75-3-410, MCA 1995; redes. 50-79-410 by Sec. 13, Ch. 73, L. 1997.  
  50-79-501. Northwest Interstate Compact on Low-Level Radioactive Waste Management. The legislature of the state of Montana approves and ratifies the compact designated as the "Northwest Interstate Compact on Low-Level Radioactive Waste Management", which compact is as follows:   NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT   ARTICLE I -- Policy and Purpose   The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.   ARTICLE II -- Definitions   As used in this compact:   (1) "Facility" means any site, location, structure, or property, excluding federal waste facilities, used or to be used for the storage, treatment, or disposal of low-level waste.   (2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, spent reactor fuel, or material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.   (3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.   (4) "Host state" means a state in which a facility is located.   ARTICLE III -- Regulatory Practices   Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:   (1) maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;   (2) periodic unannounced inspection of the premises of such generators and the waste management activities thereon;   (3) authorization of the containers in which such waste may be shipped and a requirement that generators use only that type of container authorized by the state;   (4) assurance that inspections of the carriers which transport such waste are conducted by proper authorities and appropriate enforcement action is taken for violations;   (5) after receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, taking appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.   Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this article.   ARTICLE IV -- Regional Facilities   (1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.   (2) No facility located in any party state may accept low-level waste generated outside the region comprising the party states, except as provided in Article V.   (3) Until such time as paragraph (2) of this article takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate must be in such form as may be required by the host state and shall contain at least the following:   (a) the generator's name and address;   (b) a description of the contents of the low-level waste container;   (c) a statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by the official's agent or by a representative of the United States Nuclear Regulatory Commission and was found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;   (d) a binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.   (4) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprising the party states in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in its region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.   (5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho, which host hazardous chemical waste disposal facilities, will allow access to such facilities by generators within other party states. Nothing in this compact may be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region composed of the party states.   (6) Any host state may establish a schedule of fees and requirements related to its facilities to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.   ARTICLE V -- Northwest Low-Level Waste Compact Committee   The Governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest Low-Level Waste Compact Committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of Article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprising the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.   ARTICLE VI -- Eligible Parties and Effective Date   (1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.   (2) After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party state may become a party to this compact by the execution of an executive order by the Governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its Legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.   (3) Paragraph (2) of Article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every 5-year period.   ARTICLE VII -- Severability   If any provision of this compact or its application to any person or circumstance is held to be invalid, all other provisions of this compact and the application of all of its provisions to all other persons and circumstances shall remain valid, and to this end the provisions of this compact are severable.   History: En. Sec. 1, Ch. 242, L. 1983; Sec. 75-3-501, MCA 1995; redes. 50-79-501 by Sec. 13, Ch. 73, L. 1997; amd. Sec. 1898, Ch. 56, L. 2009.  
  50-79-502. Administration of compact -- fees. (1) The department of public health and human services, as the state radiation control agency, shall administer the provisions of the compact.   (2) The department may assess and collect fees for services rendered in inspecting and regulating low-level radioactive waste generators, transporters, and disposal facilities. The fees must cover the department's costs for those services and must be deposited in the state special revenue fund for use by the department. State and local government agencies, including the university system, are exempt from the payment of fees.   (3) The department may adopt rules under the authority contained in 50-79-201(3)(b) to implement the provisions of this compact.   History: En. Sec. 2, Ch. 242, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 182, Ch. 418, L. 1995; amd. Sec. 7, Ch. 73, L. 1997; Sec. 75-3-502, MCA 1995; redes. 50-79-502 by Sec. 13, Ch. 73, L. 1997.  
  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.   History: En. Sec. 1, Ch. 356, L. 1983; amd. Sec. 66, Ch. 609, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 101, Ch. 418, L. 1995; amd. Sec. 275, Ch. 546, L. 1995; amd. Sec. 7, Ch. 54, L. 2003; amd. Sec. 7, Ch. 68, L. 2013.  
  50-8-102. One-step licensing required. The department shall provide one-step licensing of all facilities under its jurisdiction. One-step licensing is at a minimum the provision of a designated office within the department or, by agreement between departments, in another department, responsible for issuing facility licenses. The one-step licensing office shall facilitate intradepartmental certifications for licensure. When practicable, one-step licensure also includes:   (1) the coordination of all governmental licensing functions, state and local, required for the licensure of a facility for a program or a service and for health and safety standards. The coordination must include at a minimum the names, addresses, and functions of all governmental authorities enforcing such standards and may include the requirement that the responsible office be a clearinghouse for all forms and applications for other agencies and for assuming the responsibility for insuring timely inspections, reviews, and application processing by other agencies.   (2) the use of departmental employees to inspect specified types of facilities for particular health and safety standards as provided in 50-8-105.   History: En. Sec. 2, Ch. 356, L. 1983; amd. Sec. 276, Ch. 546, L. 1995.  
  50-8-103 and 50-8-104 reserved.  
  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.   History: En. Sec. 3, Ch. 356, L. 1983.  
  50-9-101. Short title. This chapter may be cited as the "Montana Rights of the Terminally Ill Act".   History: En. Sec. 1, Ch. 369, L. 1985; amd. Sec. 1, Ch. 391, L. 1991.  
  50-9-102. Definitions. As used in this chapter, the following definitions apply:   (1) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.   (2) "Attending advanced practice registered nurse" means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient.   (3) "Attending physician" means the physician selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient.   (4) "Board" means the Montana state board of medical examiners.   (5) "Declaration" means a document executed in accordance with the requirements of 50-9-103.   (6) "Department" means the department of public health and human services provided for in 2-15-2201.   (7) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency care providers, or other emergency services personnel acting within the ordinary course of their professions.   (8) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.   (9) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process.   (10) "Living will protocol" means a locally developed, communitywide method or a standardized, statewide method developed by the department and approved by the board, of providing palliative care to and withholding life-sustaining treatment from a qualified patient under 50-9-202 by emergency medical service personnel.   (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.   (12) "Physician" means an individual licensed under Title 37, chapter 3, to practice medicine in this state.   (13) "Qualified patient" means a patient 18 years of age or older who has executed a declaration in accordance with this chapter and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition.   (14) "Reliable documentation" means a standardized, statewide identification card or form or a necklace or bracelet of uniform design, adopted by a written, formal understanding of the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient.   (15) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.   (16) "Terminal condition" means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time.   History: En. Sec. 2, Ch. 369, L. 1985; amd. Sec. 1, Ch. 475, L. 1989; amd. Sec. 2, Ch. 391, L. 1991; amd. Sec. 102, Ch. 418, L. 1995; amd. Sec. 277, Ch. 546, L. 1995; amd. Sec. 1, Ch. 240, L. 2003; amd. Sec. 26, Ch. 220, L. 2019.  
  50-9-103. Declaration relating to use of life-sustaining treatment -- designee. (1) An individual of sound mind and 18 years of age or older may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another individual of sound mind and 18 years of age or older to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant or another at the declarant's direction and must be witnessed by two individuals. A health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid.   (2) A declaration directing a physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment may but need not be in the following form:   DECLARATION   If I should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain.   Signed this ____ day of _________, ____.   Signature _____________   City, County, and State of Residence ____________________   The declarant voluntarily signed this document in my presence.   Witness__________________________________   Address__________________________________   Witness__________________________________   Address__________________________________   (3) A declaration that designates another individual to make decisions governing the withholding or withdrawal of life-sustaining treatment may but need not be in the following form:   DECLARATION   If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I appoint __________ or, if that person is not reasonably available or is unwilling to serve, __________, to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to the Montana Rights of the Terminally Ill Act.   If the individual I have appointed is not reasonably available or is unwilling to serve, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.   Signed this ____ day of _________, ____.   Signature____________________________   City, County, and State of Residence______________________   The declarant voluntarily signed this document in my presence.   Witness____________________________   Address________________________   Witness________________________   Address________________________   Name and address of designee.   Name__________________________   Address_______________________   (4) If the designation of an attorney-in-fact pursuant to 72-5-501 and 72-5-502 or the judicial appointment of an individual contains written authorization to make decisions regarding the withholding or withdrawal of life-sustaining treatment, that designation or appointment constitutes, for the purposes of this part, a declaration designating another individual to act for the declarant pursuant to subsection (1).   (5) A health care provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record and, if unwilling to comply with the declaration, shall advise the declarant and any individual designated to act for the declarant promptly.   History: En. Sec. 3, Ch. 369, L. 1985; amd. Sec. 3, Ch. 391, L. 1991; amd. Sec. 2, Ch. 240, L. 2003; amd. Sec. 1819, Ch. 56, L. 2009.  
  50-9-104. Revocation of declaration. (1) A declarant may revoke a declaration at any time and in any manner, without regard to mental or physical condition. A revocation is effective upon its communication to the attending physician, attending advanced practice registered nurse, or other health care provider by the declarant or a witness to the revocation. A health care provider or emergency medical services personnel witnessing a revocation shall act upon the revocation and shall communicate the revocation to the attending physician or attending advanced practice registered nurse at the earliest opportunity. A revocation communicated to a person other than the attending physician, attending advanced practice registered nurse, emergency medical services personnel, or health care provider is not effective unless the attending physician or attending advanced practice registered nurse is informed of it before the qualified patient is in need of life-sustaining treatment.   (2) The attending physician, attending advanced practice registered nurse, or other health care provider shall make the revocation a part of the declarant's medical record.   History: En. Sec. 4, Ch. 369, L. 1985; amd. Sec. 2, Ch. 475, L. 1989; amd. Sec. 4, Ch. 391, L. 1991; amd. Sec. 3, Ch. 240, L. 2003.  
  50-9-105. When declaration operative. (1) A declaration becomes operative when:   (a) it is communicated to the attending physician or attending advanced practice registered nurse; and   (b) the declarant is 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.   (2) Except as provided in 72-17-216, when the declaration becomes operative, the attending physician or attending advanced practice registered nurse and other health care providers shall act in accordance with its provisions and with the instructions of a designee under 50-9-103(1) or comply with the transfer requirements of 50-9-203.   History: En. Sec. 11, Ch. 391, L. 1991; amd. Sec. 4, Ch. 240, L. 2003; amd. Sec. 2, Ch. 345, L. 2007.  
  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.   History: En. Sec. 12, Ch. 391, L. 1991; amd. Sec. 5, Ch. 240, L. 2003; amd. Sec. 1, Ch. 480, L. 2007.  
  50-9-107. When health care provider may presume validity of declaration. In the absence of knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid.   History: En. Sec. 13, Ch. 391, L. 1991; amd. Sec. 6, Ch. 240, L. 2003.  
  50-9-108. Effect of previous declaration. An instrument executed before October 1, 1991, that substantially complies with 50-9-103(1) is effective under this chapter.   History: En. Sec. 14, Ch. 391, L. 1991.  
  50-9-109 reserved.  
  50-9-110. Authority to adopt rules. The department may adopt rules to implement this chapter.   History: En. Sec. 4, Ch. 475, L. 1989.  
  50-9-111. Recognition of declarations executed in other states. A declaration executed in a manner substantially similar to 50-9-103 in another state and in compliance with the law of that state is effective for purposes of this chapter.   History: En. Sec. 11, Ch. 369, L. 1985.  
  50-9-201. Recording determination of terminal condition and content of declaration. Upon determining that a declarant is in a terminal condition, the attending physician or attending advanced practice registered nurse who knows of a declaration shall record that determination and the terms of the declaration in the declarant's medical record.   History: En. Sec. 5, Ch. 369, L. 1985; amd. Sec. 5, Ch. 391, L. 1991; amd. Sec. 7, Ch. 240, L. 2003.  
  50-9-202. Treatment of qualified patients. (1) A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so.   (2) This chapter does not affect the responsibility of the attending physician, attending advanced practice registered nurse, or other health care provider to provide treatment, including nutrition and hydration, for a patient's comfort care or alleviation of pain.   (3) Life-sustaining treatment cannot be withheld or withdrawn pursuant to a declaration from an individual known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.   History: En. Sec. 6, Ch. 369, L. 1985; amd. Sec. 6, Ch. 391, L. 1991; amd. Sec. 8, Ch. 240, L. 2003.  
  50-9-203. Transfer of patients. An attending physician, attending advanced practice registered nurse, or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician, advanced practice registered nurse, or health care provider who is willing to do so. If the policies of a health care facility preclude compliance with the declaration of a qualified patient under this chapter, that facility shall take all reasonable steps to transfer the patient to a facility in which the provisions of this chapter can be carried out.   History: En. Sec. 7, Ch. 369, L. 1985; amd. Sec. 7, Ch. 391, L. 1991; amd. Sec. 9, Ch. 240, L. 2003.  
  50-9-204. Immunities. (1) In the absence of actual notice of the revocation of a declaration, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:   (a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining treatment from a qualified patient;   (b) a person who participates in the withholding or withdrawal of life-sustaining treatment under the direction or with the authorization of a physician or advanced practice registered nurse;   (c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining treatment under the direction of or with the authorization of a physician or advanced practice registered nurse or who on receipt of reliable documentation follow a living will protocol;   (d) emergency medical services personnel who proceed to provide life-sustaining treatment to a qualified patient pursuant to a revocation communicated to them; and   (e) a health care facility in which withholding or withdrawal occurs.   (2) A health care provider whose action under this chapter is in accord with reasonable medical standards is not subject to civil or criminal liability or discipline for unprofessional conduct with respect to that decision.   (3) A health care provider whose decision about the validity of consent under 50-9-106 is made in good faith is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.   (4) An individual designated pursuant to 50-9-103(1) or an individual authorized to consent pursuant to 50-9-106, whose decision is made or consent is given in good faith pursuant to this chapter, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.   History: En. Sec. 8, Ch. 369, L. 1985; amd. Sec. 3, Ch. 475, L. 1989; amd. Sec. 8, Ch. 391, L. 1991; amd. Sec. 10, Ch. 240, L. 2003.  
  50-9-205. Effect on insurance -- patient's decision. (1) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.   (2) The making of a declaration pursuant to 50-9-103 does not affect the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated by the withholding or withdrawal of life-sustaining treatment from an insured, notwithstanding any term of the policy to the contrary.   (3) A person may not prohibit or require the execution of a declaration as a condition for being insured for or receiving health care services.   (4) This chapter does not create a presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition.   (5) This chapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.   (6) This chapter does not require a health care provider to take action contrary to reasonable medical standards.   (7) This chapter does not condone, authorize, or approve mercy killing or euthanasia.   History: En. Sec. 10, Ch. 369, L. 1985; amd. Sec. 9, Ch. 391, L. 1991; amd. Sec. 11, Ch. 240, L. 2003.  
  50-9-206. Penalties. (1) A health care provider who willfully fails to transfer the care of a patient in accordance with 50-9-203 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (2) A physician or advanced practice registered nurse who willfully fails to record the determination of terminal condition or the terms of a declaration in accordance with 50-9-201 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (3) An individual who purposely conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (4) An individual who falsifies or forges the declaration of another individual or purposely conceals or withholds personal knowledge of a revocation as provided in 50-9-104 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (5) A person who requires or prohibits the execution of a declaration as a condition for being insured for or receiving health care service is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (6) A person who coerces or fraudulently induces an individual to execute a declaration is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.   (7) The penalties provided in this section do not displace any sanction applicable under other law.   History: En. Sec. 9, Ch. 369, L. 1985; amd. Sec. 10, Ch. 391, L. 1991; amd. Sec. 12, Ch. 240, L. 2003.  
  50-9-501. Health care declaration registry -- website -- rulemaking. (1) The attorney general shall establish and maintain a health care declaration registry.   (2) The registry must be accessible through a website maintained by the attorney general.   (3) The registry must be used to store declarations pertaining to life-sustaining treatment made pursuant to 50-9-103 that are filed with the attorney general.   (4) The registry must be maintained in a secure database that is designed to provide authorized health care providers with immediate access to the registry at all times.   (5) The attorney general may adopt rules to implement the creation and maintenance of a health care declaration registry and for the creation and maintenance of the statewide education and outreach program created in 50-9-505.   History: En. Sec. 1, Ch. 447, L. 2005.  
  50-9-502. Health care declaration registry filing provisions -- special revenue fund -- failure to file declaration or notify of revocation -- duty of health care providers to access registry. (1) An individual or a person designated by the individual may file with the attorney general, for entry into the health care declaration registry, a declaration provided for in 50-9-103 that pertains to life-sustaining treatment.   (2) (a) The attorney general may accept gifts, grants, donations, bequests, and other forms of voluntary contributions to support, promote, and maintain the registry.   (b) There is a health care declaration account in the state special revenue fund. Money received pursuant to subsection (2)(a) and any money transferred from the general fund to the health care declaration registry must be deposited in the account and must be used by the attorney general to create and maintain the health care declaration registry and to create and maintain an education and outreach program for the public regarding advance health care planning and end-of-life health care decisionmaking.   (3) (a) Failure to file the declaration with the attorney general does not affect the validity of the declaration.   (b) Failure to notify the attorney general of a revocation of the declaration made pursuant to 50-9-104, does not affect the validity of the revocation.   (4) A health care provider is not required to access the registry in order to determine if a qualified patient has filed a declaration with the attorney general.   History: En. Sec. 2, Ch. 447, L. 2005.  
  50-9-503. Entry of declaration into health care declaration registry -- removal of declaration. (1) Upon receipt of a declaration pertaining to life-sustaining treatment, the attorney general shall determine if the declaration is in compliance with the provisions of 50-9-103. If the declaration is not in compliance with the provisions of 50-9-103, the attorney general shall return the declaration together with a statement that the declaration was not filed due to its nonconformance with the requirements of 50-9-103.   (2) (a) If a declaration is accepted for filing, the attorney general shall create a digital copy of the declaration and enter it into the database of the health care declaration registry.   (b) The attorney general shall assign a unique access code to each individual who files a declaration that may be used by that individual or by a health care provider in a case in which the individual becomes a qualified patient to access the registry to view the filed declaration.   (c) (i) After entering the digital copy of the declaration in the registry, the attorney general shall return to the individual filing the declaration the original declaration along with two wallet-sized cards that indicate that a copy of the declaration exists in the registry and that the name and access code on the cards may be used to access the registry to view an electronic copy of the declaration.   (ii) (A) In addition to the materials provided to an individual filing a declaration under subsection (2)(c)(i), the attorney general shall include a form asking the individual filing the declaration to indicate on the form the privacy level that the individual desires with respect to accessing the declaration and asking the individual to return the form to the attorney general.   (B) An individual shall choose between two privacy levels. The standard privacy level allows access by the individual filing the declaration, appropriate health care providers, anyone with the name and access code, and anyone with the social security number, birth date, and mother's maiden name of the individual who filed the declaration. The higher privacy level allows access only by the individual filing the declaration, appropriate health care providers, and anyone with the name and access code. If a form indicating a choice of privacy level is not returned to the attorney general, the attorney general shall use the standard privacy level in determining access to a declaration.   (3) If the attorney general receives a notice of the revocation of a declaration that is contained in the health care declaration registry or is notified that a person who is the subject of a declaration filed in the registry is deceased, the attorney general shall remove that declaration from the registry.   History: En. Sec. 3, Ch. 447, L. 2005.  
  50-9-504. Registry information -- confidentiality -- transfer of information. (1) The health care declaration registry must be designed to be accessible only by entering a name and access code on the internet website maintained by the attorney general or by the use of a password issued pursuant to subsection (3).   (2) Names and access codes are confidential and may not be disclosed to any person other than the person who submitted the declaration, a person named in the declaration, or a health care provider for whom the person named in the declaration is a qualified patient.   (3) (a) The attorney general shall issue confidential passwords to attending physicians, attending advanced practice registered nurses, and hospital medical records department staff that allow them to search the health care declaration database for a qualified patient who is unable to communicate health care choices.   (b) The attorney general shall establish by rule procedures for applying for and the issuance of confidential passwords to those persons described in subsection (3)(a).   (4) At the request of a person who submitted a declaration or who is named in the declaration, the attorney general may transmit the information received regarding the declaration to the registry system of another jurisdiction as identified by the requestor.   History: En. Sec. 4, Ch. 447, L. 2005.  
  50-9-505. Statewide education and outreach program. (1) The attorney general shall design, maintain, and administer a public education and outreach program to be conducted throughout the state pertaining to advance health care planning and end-of-life health care decisionmaking.   (2) The program must be designed to:   (a) increase the public's awareness of the importance of planning for end-of-life health care;   (b) improve the public's understanding of the various health situations that an individual may face if the individual is unable to express the individual's health care wishes; and   (c) explain the need for readily available legal documents that express an individual's health care wishes.   History: En. Sec. 5, Ch. 447, L. 2005.