reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-712. Notification to mortuary personnel -- exposure to infectious disease

50-16-712. Notification to mortuary personnel -- exposure to infectious disease.
(1) A coroner, a health care facility, or a health care provider, as defined in 50-16-1003, shall disclose information regarding the status of a deceased individual with regard to an infectious disease to personnel from a mortuary licensed under Title 37, chapter 19, at the time of transfer of the dead body or as soon after transfer as possible. The information must include whether the individual had an infectious disease at the time of death and the nature of the infectious disease.
(2) The mortuary personnel who receive the information provided in subsection (1) may not disclose the information except for purposes related directly to the preparation and disposition of the dead body.
History: En. Sec. 1, Ch. 396, L. 1995.
2023 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 › 50-16-801. Legislative findings

50-16-801. Legislative findings.
The legislature finds that:
(1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;
(2) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., provide significant privacy protection for health care information with respect to health care providers subject to HIPAA;
(3) for health care providers subject to the health care information privacy protections of HIPAA, the applicability of the provisions of Title 50, chapter 16, part 5, relating to health care privacy is unnecessary and may result in significant practical difficulties;
(4) it is in the best interest of the citizens of Montana to have certain requirements, with respect to the use or release of health care information by health care providers, that are more restrictive than or additional to the health care privacy protections of HIPAA.
History: En. Sec. 15, Ch. 396, L. 2003.
2023 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 › 50-16-802. Applicability

50-16-802. Applicability.
This part applies only to health care providers subject to the health care information privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.
History: En. Sec. 16, Ch. 396, L. 2003.
2023 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 › 50-16-803. Definitions

50-16-803. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Health care" means care, services, or supplies provided by a health care provider that are related to the health of an individual. Health care includes but is not limited to the following:
(a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to an individual's physical or mental condition; or
(b) the sale or dispensing of any drug, device, equipment, or other item in accordance with a prescription.
(2) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(3) "Health care information" means any information, whether oral or recorded in any form or medium, that:
(a) is created or received by a health care provider;
(b) relates to the past, present, or future physical or mental health or condition of an individual or to the past, present, or future payment for the provision of health care to the individual; and
(c) identifies or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.
(4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(5) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.
(7) "Reasonable fee" means the charge, as provided for in 50-16-816, for duplicating, searching for, or handling recorded health care information.
History: En. Sec. 17, Ch. 396, L. 2003.
2023 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 › 50-16-804. Representative of deceased patient's estate

50-16-804. Representative of deceased patient's estate.
Except as provided in 50-19-402, a personal representative of a deceased patient's estate may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part may be exercised by the surviving spouse, a parent, an adult child, an adult sibling, or any other person who is authorized by law to act for the deceased person.
History: En. Sec. 18, Ch. 396, L. 2003; amd. Sec. 2, Ch. 67, L. 2013; amd. Sec. 9, Ch. 353, L. 2013; amd. Sec. 8, Ch. 235, L. 2017.
2023 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 › 50-16-805. Disclosure of information allowed for certain purposes

50-16-805. Disclosure of information allowed for certain purposes.
(1) To the extent provided in 39-71-604 and 50-16-527, a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, by the health care provider.
(2) A health care provider may disclose health care information about an individual for law enforcement purposes if the disclosure is to:
(a) federal, state, or local law enforcement authorities to the extent required by law; or
(b) a law enforcement officer about the general physical condition of a patient being treated in a health care facility if the patient was injured by the possible criminal act of another.
(3) A health care provider may disclose health care information to a fetal, infant, child, and maternal mortality review team for the purposes of 50-19-402.
(4) A health care employer, as defined in 39-2-221, may disclose information contained in written reports pursuant to 39-2-221 to the department of justice for data collection and reporting purposes. (Subsection (4) terminates June 30, 2025--sec. 4, Ch. 516, L. 2023.)
History: En. Sec. 19, Ch. 396, L. 2003; amd. Sec. 3, Ch. 67, L. 2013; amd. Sec. 10, Ch. 353, L. 2013; amd. Sec. 9, Ch. 235, L. 2017; amd. Sec. 2, Ch. 516, L. 2023.
2023 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 › 50-16-811. When health care information available by compulsory process

50-16-811. When health care information available by compulsory process.
(1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:
(a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;
(b) the patient has waived the right to claim confidentiality for the health care information sought;
(c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;
(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;
(e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;
(f) a patient's health care information is to be used in the patient's commitment proceeding;
(g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(i);
(h) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest;
(i) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or similar federal law; or
(j) the patient is deceased and the coroner requires the health care information for the investigation of the death as provided in Title 46, chapter 4, part 1.
(2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise prohibited by law.
History: En. Sec. 20, Ch. 396, L. 2003; amd. Sec. 1, Ch. 164, L. 2017.
2023 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 › 50-16-812. Method of compulsory process

50-16-812. Method of compulsory process.
(1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-811(1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-811(1)(h), the person seeking compulsory process or discovery shall mail a notice by first-class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate required under subsection (2) of this section to the health care provider.
(2) Service of compulsory process or discovery requests upon a health care provider must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person's authorized representative, identifying at least one subsection of 50-16-811 under which compulsory process or discovery is being sought. The certification must also state, in the case of information sought under 50-16-811(1)(b), (1)(d), or (1)(e) or in a civil proceeding under 50-16-811(1)(h), that the requirements of subsection (1) of this section for notice have been met. A person may sign the certification only if the person reasonably believes that the subsection of 50-16-811 identified in the certification provides an appropriate basis for the use of compulsory process or discovery. Unless otherwise ordered by the court, the health care provider shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.
(3) In response to service of compulsory process or discovery requests, when authorized by law, a health care provider may deny access to the requested health care information. If access to requested health care information is denied by the health care provider, the health care provider shall submit to the court by affidavit or other reasonable means an explanation of why the health care provider believes that the information should be protected from disclosure.
(4) When access to health care information is denied, the court may order disclosure of health care information, with or without restrictions as to its use, as the court considers necessary. In deciding whether to order disclosure, the court shall consider the explanation submitted by the health care provider and any arguments presented by interested parties.
(5) A health care provider required to disclose health care information pursuant to compulsory process may charge a reasonable fee, not to exceed the fee provided for in 50-16-816, and may deny examination or copying of the information until the fee is paid.
(6) Production of health care information under 50-16-811 and this section does not in itself constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.
History: En. Sec. 21, Ch. 396, L. 2003.
2023 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 › 50-16-816. Reasonable fees

50-16-816. Reasonable fees.
Unless prohibited by federal law, a reasonable fee for providing copies of health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.
History: En. Sec. 22, Ch. 396, L. 2003.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 and includes a rural emergency hospital as defined 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; amd. Sec. 9, Ch. 602, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-109. Order of commitment -- warrant for transportation

50-17-109. Order of commitment -- warrant for transportation.
If a person is committed pursuant to 50-17-108 to a hospital for examination or to a treatment location for treatment, the court shall:
(1) send certified copies of an order of commitment to:
(a) the hospital at which the person is to be examined; or
(b) the person who will supervise the course of treatment at the treatment location; and
(c) the department and local board of health; and
(2) issue a warrant directed to the sheriff to transport the person to the designated hospital or treatment location.
History: En. Sec. 33, Ch. 197, L. 1967; R.C.M. 1947, 69-4310; amd. Sec. 5, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-110. Confinement in hospital or treatment location -- submission to treatment

50-17-110. Confinement in hospital or treatment location -- submission to treatment.
(1) A person committed under 50-17-107 or 50-17-108 shall remain at the hospital or treatment location until discharged under 50-17-112 or 50-17-113. However, the person is not required to submit to medical or surgical treatment without the person's written consent, the consent of the person's next of kin or guardian if the person is incompetent, or the consent of the person's parent or guardian if the person is a minor.
(2) The person in charge of the hospital or the person supervising an approved course of treatment for a person at a treatment location may use reasonable means to ensure that the person committed remains at the hospital or location.
History: En. Sec. 34, Ch. 197, L. 1967; R.C.M. 1947, 69-4311; amd. Sec. 8, Ch. 61, L. 1985; amd. Sec. 6, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-111. Transfer of person to another treatment location

50-17-111. Transfer of person to another treatment location.
If it is in the best interest of a person committed to a treatment location, the person may be transferred from the location to which the person was committed to another location approved by the department. The person in charge of the approved course of treatment at the location to which the person was committed shall notify the court that ordered commitment, and the department or local board that requested commitment, of the transfer.
History: En. Sec. 37, Ch. 197, L. 1967; R.C.M. 1947, 69-4314; amd. Sec. 7, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-112. Procedure to obtain release from commitment

50-17-112. Procedure to obtain release from commitment.
(1) One hundred and eighty days or more after the date of commitment, a person committed under 50-17-107 or 50-17-108 may apply to the court that ordered the person's commitment for a release.
(2) Not fewer than 3 or more than 7 days after receipt of the request, the court shall hold a hearing.
(3) Following the hearing, the court shall:
(a) order the person's discharge if it finds that the person has completed an approved course of treatment or does not have tuberculosis; or
(b) dismiss the request if it finds that the person still has tuberculosis or that the person has refused to submit to an examination to determine whether the person has tuberculosis or has not yet completed an approved course of treatment.
History: En. Sec. 35, Ch. 197, L. 1967; R.C.M. 1947, 69-4312; amd. Sec. 9, Ch. 61, L. 1985; amd. Sec. 1828, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-113. Voluntary release

50-17-113. Voluntary release.
(1) If the physician for the person at the hospital or treatment location where the person has been committed and the department or local board that requested commitment concur that a person either does not have tuberculosis or has completed an approved course of treatment, the person must be released from the hospital or treatment location.
(2) The department or local board of health that requested commitment shall file a notice of date of release with the court that ordered commitment.
History: En. Sec. 36, Ch. 197, L. 1967; R.C.M. 1947, 69-4313; amd. Sec. 10, Ch. 61, L. 1985; amd. Sec. 8, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-114. Payment of costs, expenses, and fees

50-17-114. Payment of costs, expenses, and fees.
(1) Court costs, expenses, and all fees must be paid by the treasurer of the county from which a person is committed.
(2) Expenses and fees must be paid as follows:
(a) to sheriffs and their deputies, the same fees allowed for similar services in district court;
(b) to physicians, not to exceed two, fees as set by the court;
(c) to witnesses, the same fees and mileage provided for attendance in district court;
(d) to persons other than the sheriff or the sheriff's deputies who transport a person to or from a hospital or treatment location, witness fees and expenses as verified by the court.
(3) Expenses of transporting a person to a hospital or treatment location for commitment must be paid from the general fund of the county from which the person is committed.
History: (1), (2)En. Sec. 38, Ch. 197, L. 1967; Sec. 69-4315, R.C.M. 1947; (3)En. Sec. 39, Ch. 197, L. 1967; amd. Sec. 46, Ch. 349, L. 1974; Sec. 69-4316, R.C.M. 1947; R.C.M. 1947, 69-4315, 69-4316(part); amd. Sec. 9, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 1. Tuberculosis Control › 50-17-115. Emergency detainment -- petition -- detention

50-17-115. Emergency detainment -- petition -- detention.
(1) If a physician, the department, or a local health officer reasonably believes that a person has tuberculosis and that the person is likely to attempt to leave the jurisdiction to avoid a hearing on commitment, the physician, department, or local health officer shall notify the sheriff of the county in which the person is found, who shall cause the person to be detained in a hospital. At least by the next regular business day, the physician, department, or local health officer shall petition for an order from the district court of the county in which the person is found for continued detention of the person and to require examination or treatment for tuberculosis pursuant to 50-17-105. The sheriff must serve the summons required by 50-17-106 on the person the same day the petition is filed.
(2) Immediately after the petition is filed the court will decide whether further emergency detention is required and may order continued hospital detention of the person for no more than 7 days if it finds that the person is an unacceptable danger to the public health and safety in that the person probably has tuberculosis and unless detained will probably leave the jurisdiction to avoid a hearing pursuant to this part.
(3) The district court of the county in which the person is found has jurisdiction over the person for the purposes of this section. The district court may, in the interests of justice, order that jurisdiction over further proceedings be transferred to the district court of the county of the person's residence.
History: En. Sec. 1, Ch. 460, L. 1989; amd. Sec. 10, Ch. 190, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 2. Cardiovascular Disease › 50-17-201. Department monitoring of acute heart attack data -- reporting requirement

50-17-201. Department monitoring of acute heart attack data -- reporting requirement.
(1) The department shall undertake the following activities to achieve continuous quality improvement in the response to and treatment of acute heart attacks:
(a) monitor data reported to and analyses generated by a national data platform, including prehospital, hospital, and posthospital measures;
(b) identify potential interventions or practices to improve the response to acute heart attacks in Montana or in specific regions of the state;
(c) work with hospitals, critical access hospitals, and emergency medical service providers on the reporting of data and on using the results of data analysis; and
(d) make recommendations to the legislature and to hospitals, critical access hospitals, emergency medical service providers, and health care providers on ways to improve the response to and delivery of care for acute heart attacks.
(2) The department shall coordinate its efforts under this part with state and national organizations involved in quality improvement for acute heart attacks in order to avoid duplication of efforts.
(3) The department shall establish an oversight process and implement a plan for achieving continuous quality improvement in the quality of care provided for acute heart attacks, including the system response to and the treatment of acute heart attacks.
History: En. Sec. 2, Ch. 400, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 2. Cardiovascular Disease › 50-17-202. Reporting and review of acute heart attack data

50-17-202. Reporting and review of acute heart attack data.
To improve the response to and treatment of acute heart attacks, the department shall:
(1) require receiving hospitals to report to the national data platform information consistent with nationally recognized guidelines on the treatment of individuals with confirmed acute heart attacks;
(2) encourage hospitals, critical access hospitals, and emergency medical service providers that refer patients suffering acute heart attacks to a receiving hospital to participate in the national data platform;
(3) encourage health care professionals who provide care to patients with acute heart attacks to share data and discuss ways to improve the quality of care for the patients;
(4) encourage the use of evidence-based treatment guidelines for helping patients obtain ongoing community-based followup care in outpatient settings after discharge from a hospital; and
(5) work with hospitals, critical access hospitals, and emergency medical service providers to develop recommendations for improving the delivery of care to patients suffering acute heart attacks.
History: En. Sec. 3, Ch. 400, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 17. Disease Prevention and Control › Part 2. Cardiovascular Disease › 50-17-203. Confidentiality

50-17-203. Confidentiality.
(1) In reporting and reviewing data pursuant to this part, the department, hospitals, critical access hospitals, emergency medical service providers, and health care professionals shall comply with any restrictions established on use of the information contained in the data platform the department is monitoring.
(2) Information obtained by the department pursuant to this part may be released only in a statistical, nonidentifiable form.
History: En. Sec. 4, Ch. 400, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-101. Sexually transmitted diseases defined

50-18-101. Sexually transmitted diseases defined.
Human immunodeficiency virus (HIV), syphilis, gonorrhea, chancroid, chlamydia genital infections, lymphogranuloma venereum, and granuloma inguinale are sexually transmitted diseases. Sexually transmitted diseases are contagious, infectious, communicable, and dangerous to public health.
History: En. Sec. 97, Ch. 197, L. 1967; R.C.M. 1947, 69-4601(part); amd. Sec. 1, Ch. 440, L. 1989; amd. Sec. 2, Ch. 71, L. 1993.