reglab/housing_qa huggingface dataset:
MT Code § 50-16-817 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 8. Health Care Information Privacy Requirements for Providers Subject to HIPAA|50-16-817. Civil remedies

  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.
MT Code § 50-16-818 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 8. Health Care Information Privacy Requirements for Providers Subject to HIPAA|50-16-818. Good faith

  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.
MT Code § 50-16-1001 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1001. Short title

  50-16-1001. Short title. This part may be cited as the "AIDS Prevention Act".   History: En. Sec. 1, Ch. 614, L. 1989.
MT Code § 50-16-1002 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1002. Statement of purpose

  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.
MT Code § 50-16-1003 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1003. Definitions

  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.
MT Code § 50-16-1004 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1004. AIDS, HIV-related conditions, and HIV infection to be treated as other communicable diseases

  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.
MT Code § 50-16-1005 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1005. and 50-16-1006 reserved

  50-16-1005 and 50-16-1006 reserved.
MT Code § 50-16-1007 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1007. Repealed

  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.
MT Code § 50-16-1008 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1008. Testing of donors of organs, tissues, and semen required -- penalty

  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.
MT Code § 50-16-1009 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1009. Confidentiality of records -- notification of contacts -- penalty for unlawful disclosure

  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.
MT Code § 50-16-1010 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1010. through 50-16-1012 reserved

  50-16-1010 through 50-16-1012 reserved.
MT Code § 50-16-1013 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1013. Civil remedy

  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.
MT Code § 50-16-1014 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1014. Screening and pretest information

  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.
MT Code § 50-16-1015 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1015. Prenatal HIV screening

  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.
MT Code § 50-16-1016 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 16. Health Care Information|Part 10. AIDS Education and Prevention|50-16-1016. Labor and delivery HIV screening

  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.
MT Code § 50-17-101 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-101. Policy of state

  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.
MT Code § 50-17-102 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-102. Definitions

  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.
MT Code § 50-17-103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-103. Powers and duties of department

  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.
MT Code § 50-17-104 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-104. Repealed

  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.
MT Code § 50-17-105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-105. Application to require examination or treatment for tuberculosis

  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.
MT Code § 50-17-106 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-106. Hearing on the application

  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.
MT Code § 50-17-107 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-107. Adjudication of application

  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.
MT Code § 50-17-108 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 17. Disease Prevention and Control|Part 1. Tuberculosis Control|50-17-108. Commitment on noncompliance with order to be examined or treated

  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.