reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 5. Health Care Declaration Registry › 50-9-501. Health care declaration registry -- website -- rulemaking

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 5. Health Care Declaration Registry › 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

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 5. Health Care Declaration Registry › 50-9-503. Entry of declaration into health care declaration registry -- removal of declaration

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 5. Health Care Declaration Registry › 50-9-504. Registry information -- confidentiality -- transfer of information

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 5. Health Care Declaration Registry › 50-9-505. Statewide education and outreach program

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-101. Definitions

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-102. Immunities

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-103. Adherence to do not resuscitate protocol -- transfer of patients

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-104. Effect on insurance -- patient's decision

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-105. Rulemaking authority

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-106. Penalties

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 10. Do Not Resuscitate -- Notification › Part 1. General › 50-10-107. DNR form to be readily available

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 11. Ban on Reproductive Human Cloning › Part 1. General Provisions › 50-11-101. Definitions

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) "Female" has the meaning provided in 1-1-201.
(3) "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.
(4) "Oocyte" means the human female germ cell, the egg.
(5) "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.
(6) "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; amd. Sec. 31, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 11. Ban on Reproductive Human Cloning › Part 1. General Provisions › 50-11-102. Prohibited acts -- penalties

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 11. Ban on Reproductive Human Cloning › Part 1. General Provisions › 50-11-103. Scientific research -- exception

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-102. Definitions

50-12-102. Definitions.
As used in this part, the following definitions apply:
(1) "Health care facility" has the meaning provided in 50-5-101.
(2) "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.
(3) "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.
(4) "Written informed consent" means a written document that meets the requirements of 50-12-105.
History: En. Sec. 2, Ch. 135, L. 2015; amd. Sec. 14, Ch. 88, L. 2023; amd. Sec. 1, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-103. Availability of experimental drugs

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 a 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 a patient without receiving compensation; or
(b) require a 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 a patient.
History: En. Sec. 3, Ch. 135, L. 2015; amd. Sec. 2, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-104. Patient requirements

50-12-104. Patient requirements.
A patient is eligible for treatment with an investigational drug, biological product, or device if the patient has:
(1) considered all other treatment options currently approved by the United States food and drug administration;
(2) received a recommendation from the patient's treating health care provider for an investigational drug, biological product, or device;
(3) given written informed consent for the use of the investigational drug, biological product, or device; and
(4) documentation from the treating health care provider that the patient meets the requirements of this section.
History: En. Sec. 4, Ch. 135, L. 2015; amd. Sec. 3, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-105. Written informed consent required

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 improve the patient's condition;
(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
(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; amd. Sec. 4, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-106. Effect on insurance coverage and health care services

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 a 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; amd. Sec. 5, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-107. Heirs not liable for payments

50-12-107. Heirs not liable for payments.
If a 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; amd. Sec. 6, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-108. Disciplinary action prohibited

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 a 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; amd. Sec. 7, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-109. State action prohibited

50-12-109. State action prohibited.
(1) An official, employee, or agent of the state of Montana may not block or attempt to block a 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; amd. Sec. 8, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 1. Right to Try Act › 50-12-110. Immunity from suit

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 a patient using an investigational drug, biological product, or device is immune from suit for any harm done to the 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; amd. Sec. 9, Ch. 413, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 2. Palliative Care › 50-12-201. Legislative findings -- purpose

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 2. Palliative Care › 50-12-202. Definitions

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 2. Palliative Care › 50-12-203. Palliative care and quality of life interdisciplinary advisory council -- duties -- membership

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 2. Palliative Care › 50-12-204. Duties of council

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 12. Treatments for Chronic or Terminal Illness › Part 2. Palliative Care › 50-12-205. Palliative care consumer and professional information and education program

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-102. Statewide system of vital statistics to be established

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-103. Duties of department

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-104. Appointment and supervision of local registrars

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-105. Appointment of deputies authorized

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).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-106. Registrars and deputies to report violations

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).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-107. Payment of fees to local registrars

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-108. Duty to furnish information

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-109. Certificates

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-110. Repealed

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-111. Certified copy fees -- transfer

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-112. Repealed

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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-113. Repealed

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).