reglab/housing_qa huggingface dataset:
MT Code § 37-2-305 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-305. Telehealth services -- rulemaking authority

  37-2-305. Telehealth services -- rulemaking authority. (1) A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth:  (a) is appropriate for the services being provided;   (b) meets the standard of care for delivery of services; and   (c) complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.   (2) A board may adopt rules establishing requirements for the use of telehealth by its licensees.   (3) (a) For the purposes of this section, "telehealth" means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:   (i) used by a health care provider or health care facility to deliver health care services; and   (ii) delivered over a secure connection that complies with the requirements of state and federal privacy laws.   (b) The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile machines and electronic messaging is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.   (c) For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509, the term does not include the use of audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.   History: En. Sec. 1, Ch. 497, L. 2021.
MT Code § 37-2-306 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-306. through 37-2-310 reserved

  37-2-306 through 37-2-310 reserved.
MT Code § 37-2-311 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-311. Report to department of justice by physician

  37-2-311. Report to department of justice by physician. (1) Any physician who diagnoses a physical or mental condition that, in the physician's judgment, will significantly impair a person's ability to safely operate a motor vehicle may voluntarily report the person's name and other information relevant to the person's condition to the department of justice. The department, upon receiving the report, shall require the person reported to be examined or investigated as provided for in 61-5-207.   (2) (a) The physician's report may be introduced as evidence in any proceeding involving the granting, suspension, or revocation of the person's driver's license, driving privilege, or commercial driver's license before the department or a court.   (b) The physician's report may not be utilized in a criminal proceeding or in a civil proceeding, other than as provided in this subsection (2), without the consent of the patient.   History: En. Sec. 1, Ch. 126, L. 1983; amd. Sec. 1, Ch. 419, L. 1991; amd. Sec. 1355, Ch. 56, L. 2009.
MT Code § 37-2-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-312. Physician's immunity from liability

  37-2-312. Physician's immunity from liability. A physician reporting in good faith is immune from any liability, civil or criminal, that otherwise might result by reason of the physician's actions pursuant to 37-2-311 except for damages occasioned by gross negligence. An action may not be brought against a physician for not making a report pursuant to 37-2-311.   History: En. Sec. 2, Ch. 126, L. 1983; amd. Sec. 1356, Ch. 56, L. 2009.
MT Code § 37-2-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-313. and 37-2-314 reserved

  37-2-313 and 37-2-314 reserved.
MT Code § 37-2-316 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-316. Assistance program audits

  37-2-316. Assistance program audits. (1) In each 10-year period, the medical assistance programs provided for in chapters 3, 4, 7, and 8 must be audited for performance objectives as determined by each licensing board in chapters 3, 4, 7, and 8 at least twice, as provided in subsections (2) and (3).   (2) Licensing boards in chapters 3, 4, 7, and 8 shall jointly contract and pay for an external audit of the relevant assistance program once every 5 years. The department shall assess the costs to each licensing board in chapters 3, 4, 7, and 8 for the external audit over a corresponding period.   (3) The department shall arrange for an internal audit midway through the subsequent 5-year period and shall assess costs to the licensing boards in chapters 3, 4, 7, and 8 for the internal audit, budgeting over the corresponding period.   History: En. Sec. 1, Ch. 122, L. 2011.
MT Code § 37-2-317 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-317. Recognition of federal authority

  37-2-317. (Temporary) Recognition of federal authority. The state of Montana recognizes that the Indian Health Care Improvement Act, 25 U.S.C. 1601, et seq.:   (1) provides the federal secretary of health and human services, acting through the Indian health service, with the authority to:   (a) establish a community health aide program in the state of Montana; and   (b) establish and maintain a community health aide certification board to adopt certification standards for individuals to act as specific aides within the program, including community health aides, behavioral health aides, and dental health aide therapists; and   (2) requires dental health aide therapist services to be excluded from the community health aide program in Montana unless the services are authorized under state law and provided in accordance with state law. (Terminates September 30, 2023--sec. 7, Ch. 412, L. 2019.)   History: En. Sec. 1, Ch. 412, L. 2019.
MT Code § 37-2-318 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-318. Community health aide program -- exception to licensing requirements

  37-2-318. (Temporary) Community health aide program -- exception to licensing requirements. (1) An individual may, without obtaining a license under this title, provide health care services within the scope of the individual's certification in a practice setting operated by the Indian health service or a tribal health program authorized pursuant to Public Law 93-638, if the individual is certified by:   (a) a federal community health aide program certification board established pursuant to 25 U.S.C. 1616l; or   (b) a federally recognized Indian tribe that has adopted certification standards that meet or exceed the requirements of a federal community health aide program certification board.   (2) Services provided under this section must be provided in accordance with the standards adopted by the certifying body, including standards related to scope of practice, training, supervision, and continuing education.   (3) After meeting the competencies required for the appropriate type and level of certification, an individual may practice under this section in the following areas:   (a) dental health, as a primary or expanded function dental health aide, dental health aide hygienist, or dental health aide therapist to assist with dental education and primary or preventive dental care as appropriate to the individual's certification, and provided that performing dental extractions or invasive procedures to teeth and gums is prohibited;   (b) behavioral health, as a behavioral health aide or behavioral health aide practitioner to assist with case management, patient and community education, and patient evaluation, treatment planning, and treatment activities as appropriate to the individual's certification. A behavioral health practitioner may, only under the general supervision of a licensed behavioral health professional, conduct routine screening, assessment, evaluation, and counseling of patients.   (c) community health, as a community health aide or community health aide practitioner to assist with acute, preventive, and primary care services as appropriate to the individual's certification.   (4) An individual providing services under this section may provide the services only while discharging official duties on behalf of the United States government under the Indian health service, a tribal health program authorized pursuant to Public Law 93-638, or an urban Indian health center. (Terminates September 30, 2023--sec. 7, Ch. 412, L. 2019.)   History: En. Sec. 2, Ch. 412, L. 2019.
MT Code § 37-2-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 4. Medical Practice Group Quality Assurance|37-2-402. Quality assurance program activities

  37-2-402. Quality assurance program activities. A quality assurance program may include but is not limited to the following activities:   (1) review of pending malpractice claims;   (2) review of quality assurance issues;   (3) identification of areas in need of improvement related to quality and appropriateness of patient care;   (4) promotion and evaluation of best practices;   (5) review and analysis of risk management issues;   (6) oversight of medical event management processes;   (7) prioritization of risk management activities;   (8) tracking of information and of trends identified by data;   (9) investigation of incidents related to quality;   (10) development of risk management strategies, education, and training;   (11) development and implementation of remedial solutions related to quality and appropriateness of patient care for all licensed professionals and other staff affiliated with the medical practice group;   (12) review of information and trends related to claims; and   (13) peer review and oversight of medical practitioners.   History: En. Sec. 2, Ch. 291, L. 2011.
MT Code § 37-2-403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 4. Medical Practice Group Quality Assurance|37-2-403. Quality assurance committee access to information

  37-2-403. Quality assurance committee access to information. (1) It is in the interest of public health and patient medical care that quality assurance committees have access to medical records and other health care information relating to the condition and treatment of the patients of medical practice groups in order to:   (a) evaluate matters relating to the care and treatment of patients for research purposes;   (b) reduce morbidity or mortality; and   (c) obtain statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries.   (2) To carry out these purposes, a medical practice group and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient of the medical practice group to any quality assurance committee of the medical practice group.   History: En. Sec. 3, Ch. 291, L. 2011.
MT Code § 37-2-405 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 4. Medical Practice Group Quality Assurance|37-2-405. through 37-2-408 reserved

  37-2-405 through 37-2-408 reserved.
MT Code § 37-2-409 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 4. Medical Practice Group Quality Assurance|37-2-409. Quality assurance guidelines -- reviews -- contracts

  37-2-409. Quality assurance guidelines -- reviews -- contracts. (1) Reviews of medical practitioners conducted by a quality assurance committee under this part must comply with the following guidelines:   (a) A random review is a review of at least 10 randomly selected patient charts, which must be reviewed by a quality assurance committee. The quality assurance committee may gather data from any source for purposes of the review. The quality assurance committee shall submit an evaluation report to the medical practice group outlining the review findings and recommending changes if changes are determined necessary.   (b) A focused review is a review intended for specific clinical and quality improvement purposes, such as:   (i) reviewing patient medical records relating to a certain disease or procedural category for purposes of comparing documented treatment to available and current standards of medical care;   (ii) assessing the efficacy and efficiency of an office procedure or process related to clinical care; or   (iii) reviewing office and clinical practices prompted by an analysis and results of incident reports.   (c) An incident review is for purposes of gathering data, investigating, conducting analysis, coordinating all responses, and recommending and initiating corrective action, as necessary, connected with a specific incident involving the delivery of medical care to a patient of the medical practice group.   (2) (a) A review of a medical practitioner conducted by a quality assurance committee under this part must be based on appropriateness, medical necessity, adequacy of documentation, and efficiency of services.   (b) The medical practitioner being reviewed must be immediately advised of the findings of the quality assurance committee in order to further the educational process for the physician.   (c) As a result of a review of a medical practitioner conducted under this part, the medical practice group is responsible for documenting:   (i) any corrective action that is taken;   (ii) any policies, procedures, or clinical processes that are changed;   (iii) the person responsible for implementing the changes; and   (iv) how the medical practice group will ensure that the changes are made.   (3) A medical practice group may contract with a group or organization composed of medical practitioners or with a nonprofit corporation engaged in performing the functions of a quality assurance committee for purposes of conducting any review allowed under this part.   History: En. Sec. 5, Ch. 291, L. 2011.
MT Code § 37-2-410 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 4. Medical Practice Group Quality Assurance|37-2-410. Restrictions on use or publication of information

  37-2-410. Restrictions on use or publication of information. (1) A quality assurance committee may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment and for research and statistical purposes.   (2) In any report or publication of findings and conclusions of a quality assurance committee, the committee or the members, agents, or employees of the committee may not disclose the name or identity of any patient whose medical records or other protected health information have been studied.   (3) A quality assurance 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 patient of a medical practice group.   History: En. Sec. 6, Ch. 291, L. 2011.
MT Code § 37-3-101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 1. General|37-3-101. Purpose

  37-3-101. Purpose. It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of medicine within the state of Montana is a privilege granted by the legislative authority and is not a natural right of individuals and that it is deemed necessary, as a matter of such policy and in the interests of the health, happiness, safety, and welfare of the people of Montana, to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and to license competent physicians to practice medicine and thereby provide for the health needs of the people of Montana.   History: En. Sec. 2, Ch. 338, L. 1969; R.C.M. 1947, 66-1011.
MT Code § 37-3-104 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 1. General|37-3-104. Medical assistants -- guidelines

  37-3-104. Medical assistants -- guidelines. (1) The board shall adopt guidelines by administrative rule for:   (a) the performance of administrative and clinical tasks by a medical assistant that are allowed to be delegated by a physician, physician assistant, or podiatrist, including the administration of medications; and   (b) the level of physician, physician assistant, or podiatrist supervision required for a medical assistant when performing specified administrative and clinical tasks delegated by a physician, physician assistant, or podiatrist. However, the board shall adopt a rule requiring onsite supervision of a medical assistant by a physician, physician assistant, or podiatrist for invasive procedures, administration of medication, or allergy testing.   (2) The physician, physician assistant, or podiatrist who is supervising the medical assistant is responsible for:   (a) ensuring that the medical assistant is competent to perform clinical tasks and meets the requirements of the guidelines;   (b) ensuring that the performance of the clinical tasks by the medical assistant is in accordance with the board's guidelines and good medical practice; and   (c) ensuring minimum educational requirements for the medical assistant.   (3) The board may hold the supervising physician, physician assistant, or podiatrist responsible in accordance with 37-1-410 or 37-3-323 for any acts of or omissions by the medical assistant acting in the ordinary course and scope of the assigned duties.   History: En. Sec. 5, Ch. 85, L. 2003; amd. Sec. 2, Ch. 225, L. 2017.
MT Code § 37-3-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-201. Organization

  37-3-201. Organization. (1) (a) The board shall elect from among its members a president, vice-president, and secretary.   (b) The board shall adopt a seal on which appear the words "The Board of Medical Examiners of Montana" and "Official Seal".   (2) The board shall establish a screening panel for disciplinary matters as provided for in 37-1-307.   History: En. Sec. 6, Ch. 338, L. 1969; amd. Sec. 93, Ch. 350, L. 1974; R.C.M. 1947, 66-1015; amd. Sec. 1, Ch. 60, L. 2005; amd. Sec. 7, Ch. 126, L. 2005; amd. Sec. 4, Ch. 154, L. 2015.
MT Code § 37-3-202 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-202. Policy

  37-3-202. Policy. The board shall maintain reasonable and continuing supervision and surveillance over all licensees under this chapter to ensure that such licensees maintain standards of conduct and exercise the privileges granted hereunder in the greatest public interest and to carry out the purposes and provisions of this chapter.   History: En. Sec. 7, Ch. 338, L. 1969; R.C.M. 1947, 66-1016.
MT Code § 37-3-204 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-204. Meetings

  37-3-204. Meetings. The board shall hold meetings for business properly before the board at least twice annually at times and places set by the board. The president of the board may call special meetings that the president considers advisable or necessary.   History: En. Sec. 9, Ch. 338, L. 1969; amd. Sec. 95, Ch. 350, L. 1974; R.C.M. 1947, 66-1018; amd. Sec. 12, Ch. 492, L. 2001; amd. Sec. 6, Ch. 154, L. 2015.
MT Code § 37-3-205 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-205. Records

  37-3-205. Records. The department shall keep a record of the board's proceedings and also records of applicants for licenses and a register of licenses. The register is prima facie evidence of the matters contained in it.   History: En. Sec. 10, Ch. 338, L. 1969; amd. Sec. 96, Ch. 350, L. 1974; R.C.M. 1947, 66-1019; amd. Sec. 8, Ch. 126, L. 2005.
MT Code § 37-3-206 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-206. Compensation and expenses of members

  37-3-206. Compensation and expenses of members. Each member of the board of medical examiners shall receive compensation and travel expenses as provided for in 37-1-133.   History: En. Sec. 11, Ch. 338, L. 1969; amd. Sec. 1, Ch. 165, L. 1974; amd. Sec. 97, Ch. 350, L. 1974; amd. Sec. 30, Ch. 439, L. 1975; R.C.M. 1947, 66-1020; amd. Sec. 7, Ch. 474, L. 1981.
MT Code § 37-3-207 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-207. reserved

  37-3-207 reserved.
MT Code § 37-3-208 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-208. Repealed

  37-3-208. Repealed. Sec. 9, Ch. 122, L. 2011.   History: En. Sec. 1, Ch. 271, L. 2007; amd. Sec. 2, Ch. 326, L. 2009.
MT Code § 37-3-209 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-209. and 37-3-210 reserved

  37-3-209 and 37-3-210 reserved.
MT Code § 37-3-211 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 2. Board of Medical Examiners|37-3-211. Executive officer

  37-3-211. Executive officer. To perform services to the board in connection with the board's duties under this chapter, assist in prosecution and matters of license discipline, and administer the board's affairs, the department shall hire an executive officer.   History: En. Sec. 2, Ch. 135, L. 1989; amd. Sec. 13, Ch. 492, L. 2001; amd. Sec. 19, Ch. 467, L. 2005; amd. Sec. 7, Ch. 154, L. 2015.
MT Code § 37-3-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 3. Medicine|Part 3. Licensing|37-3-301. License required -- kinds of licenses

  37-3-301. License required -- kinds of licenses. (1) Before being issued a license, an applicant may not engage in the practice of medicine in this state.   (2) The department may issue two kinds of licenses under the board's seal, a physician's license and a resident license.   (3) The board shall provide guidelines by administrative rule for the practice of telemedicine by physicians.   (4) A license issued by the board that has not expired prior to July 1, 2015, remains valid until renewal unless the licensee is otherwise subject to disciplinary proceedings.   History: (1)En. Sec. 25, Ch. 338, L. 1969; amd. Sec. 105, Ch. 350, L. 1974; Sec. 66-1034, R.C.M. 1947; (2)En. Sec. 12, Ch. 338, L. 1969; amd. Sec. 98, Ch. 350, L. 1974; Sec. 66-1021, R.C.M. 1947; R.C.M. 1947, 66-1021, 66-1034(part); amd. Sec. 1, Ch. 145, L. 1995; amd. Sec. 4, Ch. 492, L. 1997; amd. Sec. 10, Ch. 371, L. 1999; amd. Sec. 9, Ch. 126, L. 2005; amd. Sec. 20, Ch. 467, L. 2005; amd. Sec. 8, Ch. 154, L. 2015.