reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-102. Powers and duties of department

50-18-102. Powers and duties of department.
The department of public health and human services shall undertake to prevent, control, and prescribe treatments for sexually transmitted diseases and may conduct education campaigns for this purpose.
History: En. Sec. 98, Ch. 197, L. 1967; amd. Sec. 57, Ch. 349, L. 1974; R.C.M. 1947, 69-4602(part); amd. Sec. 2, Ch. 440, L. 1989; amd. Sec. 113, Ch. 418, L. 1995; amd. Sec. 290, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-103. Cooperation with federal agencies -- federal funds

50-18-103. Cooperation with federal agencies -- federal funds.
(1) The department of public health and human services shall cooperate with federal agencies and may expend federal funds made available to the state for the prevention, control, and treatment of sexually transmitted diseases.
(2) The department may accept federal funds available for the prevention, control, and treatment of sexually transmitted diseases, deposit funds in the state treasury, and disburse the funds.
History: En. Secs. 98, 99, Ch. 197, L. 1967; amd. Secs. 57, 58, Ch. 349, L. 1974; R.C.M. 1947, 69-4602(part), 69-4603; amd. Sec. 3, Ch. 440, L. 1989; amd. Sec. 114, Ch. 418, L. 1995; amd. Sec. 291, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-104. Serological test for syphilis

50-18-104. Serological test for syphilis.
(1) The department of public health and human services shall approve a standard serological test for syphilis. It shall also approve laboratories that may make the tests.
(2) On request, the department shall make laboratory tests required by this chapter.
History: En. Sec. 107, Ch. 197, L. 1967; R.C.M. 1947, 69-4611; amd. Sec. 1, Ch. 41, L. 1985; amd. Sec. 4, Ch. 440, L. 1989; amd. Sec. 115, Ch. 418, L. 1995; amd. Sec. 292, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-105. Rules of department binding

50-18-105. Rules of department binding.
Rules adopted by the department of public health and human services for carrying out the provisions of this chapter are binding on all persons and have the effect of law.
History: En. Sec. 112, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4616; amd. Sec. 116, Ch. 418, L. 1995; amd. Sec. 293, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-106. Duty to report cases

50-18-106. Duty to report cases.
If a physician or other person knows or has reason to suspect that a person who has a sexually transmitted disease is behaving in a way that might expose another to infection, the physician or person shall immediately notify the local health officer of the name and address of the diseased person and the essential facts in the case.
History: En. Secs. 100, 103, Ch. 197, L. 1967; R.C.M. 1947, 69-4604, 69-4607; amd. Sec. 5, Ch. 440, L. 1989; amd. Sec. 1829, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-107. Powers and duties of health officers

50-18-107. Powers and duties of health officers.
(1) If found necessary or desirable to protect public health, state and local health officers or their authorized deputies or agents shall:
(a) examine or have examined persons reasonably suspected of being infected with a sexually transmitted disease;
(b) require persons infected to report for treatment to a reputable physician and continue treatment, which may be at public expense, until cured;
(c) isolate or quarantine persons who refuse examination or treatment;
(d) investigate sources of infection of a sexually transmitted disease.
(2) No one but the state or local health officer may terminate the isolation or quarantine. Examinations may be made repeatedly as deemed advisable or desirable.
History: En. Sec. 101, Ch. 197, L. 1967; R.C.M. 1947, 69-4605; amd. Sec. 6, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-108. Examination and treatment of prisoners

50-18-108. Examination and treatment of prisoners.
Any person confined or imprisoned in any state, county, or municipal prison within the state may be examined for a sexually transmitted disease. If infected, the person must be treated by health authorities.
History: En. Sec. 102, Ch. 197, L. 1967; R.C.M. 1947, 69-4606; amd. Sec. 7, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-109. Permissible release of information concerning infected persons

50-18-109. Permissible release of information concerning infected persons.
(1) Information concerning persons infected or reasonably suspected to be infected with a sexually transmitted disease may be released only:
(a) to personnel of the department of public health and human services;
(b) to a physician who has written consent of the person whose record is requested;
(c) to a local health officer; or
(d) by the department of public health and human services or a local health officer or board under the circumstances allowed by Title 50, chapter 16, part 6.
(2) For the purposes of this section, the term "information" includes all knowledge or intelligence and all communications of all knowledge or intelligence, oral or written or in record form, and also includes but is not limited to information concerning the location or nature of the activities or work of all local, state, or federal employees or officers engaged in sexually transmitted disease eradication work. Communications to and from personnel are privileged as provided in 26-1-810.
(3) The purpose of this section is to protect and preserve the principle of confidentiality in sexually transmitted disease work by local, state, and federal public personnel, as confidentiality is important to the success of all sexually transmitted disease eradication work and endeavor, and to require that the principle of confidentiality in the work remain inviolate.
History: En. Sec. 106, Ch. 197, L. 1967; amd. Sec. 1, Ch. 135, L. 1971; amd. Sec. 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4610; amd. Sec. 8, Ch. 440, L. 1989; amd. Sec. 117, Ch. 418, L. 1995; amd. Sec. 294, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-110. Unlawful dispensing of drugs for cure or alleviation of sexually transmitted disease

50-18-110. Unlawful dispensing of drugs for cure or alleviation of sexually transmitted disease.
It is unlawful to prescribe, sell, or recommend any drugs, medicines, or other substances for the cure or alleviation of a sexually transmitted disease except upon prescription signed by a person legally authorized to do so by the pharmacy laws of this state.
History: En. Sec. 104, Ch. 197, L. 1967; R.C.M. 1947, 69-4608; amd. Sec. 9, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-111. Certificate of freedom from sexually transmitted disease not to be issued

50-18-111. Certificate of freedom from sexually transmitted disease not to be issued.
No person shall issue a certificate of freedom from a sexually transmitted disease. However, a physician or health officer may issue a statement of freedom from diseases in an infectious state only if it is written in such form or given under safeguards that will prevent its use in solicitation for sexual intercourse. These statements shall not be used for solicitation for immoral purposes.
History: En. Sec. 105, Ch. 197, L. 1967; R.C.M. 1947, 69-4609; amd. Sec. 10, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-112. Infected person not to expose another to sexually transmitted disease

50-18-112. Infected person not to expose another to sexually transmitted disease.
A person infected with a sexually transmitted disease may not knowingly expose another person to infection.
History: En. Sec. 97, Ch. 197, L. 1967; R.C.M. 1947, 69-4601(part); amd. Sec. 11, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 18. Sexually Transmitted Diseases › Part 1. General Provisions › 50-18-113. Violation a misdemeanor

50-18-113. Violation a misdemeanor.
A person who violates provisions of this chapter or rules adopted by the department of public health and human services concerning a sexually transmitted disease or who fails or refuses to obey any lawful order issued by a state or local health officer is guilty of a misdemeanor.
History: En. Sec. 113, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4617; amd. Sec. 12, Ch. 440, L. 1989; amd. Sec. 118, Ch. 418, L. 1995; amd. Sec. 295, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-101. Definitions

50-19-101. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Health care provider" means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license.
(3) "Standard serological test" means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department.
History: En. Sec. 1, Ch. 228, L. 1973; amd. Sec. 25, Ch. 187, L. 1977; R.C.M. 1947, 69-6701; amd. Sec. 119, Ch. 418, L. 1995; amd. Sec. 296, Ch. 546, L. 1995; amd. Sec. 2, Ch. 351, L. 2001; amd. Sec. 26, Ch. 519, L. 2005; amd. Sec. 85, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-102. Duties of department

50-19-102. Duties of department.
(1) The department shall provide all necessary printing and pay all necessary expenses relative to administration of this part.
(2) Reasonable rules for reports to be submitted by any laboratory making tests and the manner of furnishing the reports to the health care provider and the state must be adopted by the department.
(3) The department may use information derived from reports of positive tests for sexually transmitted diseases or hepatitis B surface antigen for followup procedures required by law or considered necessary by the department for the protection of public health.
History: En. Secs. 3, 7, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(1), (3), 69-6707; amd. Sec. 16, Ch. 440, L. 1989; amd. Sec. 3, Ch. 351, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-103. Prenatal blood sample required for serological test

50-19-103. Prenatal blood sample required for serological test.
(1) Every female, as defined in 1-1-201, regardless of age or marital status, seeking prenatal care from a health care provider is required to submit a blood specimen for the purpose of a standard serological test. In submitting the specimen to the laboratory, the health care provider shall designate it as a prenatal test.
(2) A health care provider who attends a pregnant woman shall at the first professional visit take the blood sample and submit it to a laboratory.
(3) A person permitted to attend a pregnant woman, but not permitted to take blood samples, must have the sample taken by a person permitted to take blood samples and submit it to a laboratory.
(4) A health care provider who violates this part is guilty of a misdemeanor. However, a health care provider who requests a sample of blood in accordance with this provision and whose request is refused is not guilty of a violation of this section.
History: En. Sec. 2, Ch. 228, L. 1973; R.C.M. 1947, 69-6702; amd. Sec. 4, Ch. 351, L. 2001; amd. Sec. 33, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-104. Approved laboratory to perform syphilis, hepatitis B surface antigen, and rubella immunity tests

50-19-104. Approved laboratory to perform syphilis, hepatitis B surface antigen, and rubella immunity tests.
(1) The tests for syphilis, hepatitis B surface antigen, and rubella immunity must be done by the laboratory of the department, a laboratory approved by the department, any other state laboratory, or a United States public health service or armed forces laboratory.
(2) The department may establish a reasonable fee for the tests done by the department laboratory.
History: En. Sec. 3, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(part); amd. Sec. 1, Ch. 72, L. 1985; amd. Sec. 5, Ch. 351, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-105. Report of positive test results

50-19-105. Report of positive test results.
All positive laboratory tests for any sexually transmitted diseases or hepatitis B surface antigen must be reported to the department by the laboratory preparing the test. The department shall prescribe the form and way of reporting.
History: En. Sec. 3, Ch. 228, L. 1973; R.C.M. 1947, 69-6703(2); amd. Sec. 13, Ch. 440, L. 1989; amd. Sec. 6, Ch. 351, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-106. Repealed

50-19-106. Repealed.
Sec. 5, Ch. 154, L. 1983.
History: En. Sec. 4, Ch. 228, L. 1973; amd. Sec. 26, Ch. 187, L. 1977; R.C.M. 1947, 69-6704.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-107. Required and permissible exhibit of test results

50-19-107. Required and permissible exhibit of test results.
The report of the results of the test certified by the laboratory must be exhibited by the health care provider to the patient. Upon request of the patient, the report of the results of the test may be exhibited to the spouse of the patient, or if the patient is a minor, report of the results of the test may be exhibited to the minor's parents or to the minor's legal guardian.
History: En. Sec. 5, Ch. 228, L. 1973; R.C.M. 1947, 69-6705; amd. Sec. 7, Ch. 351, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-108. Unauthorized divulgence of information a misdemeanor

50-19-108. Unauthorized divulgence of information a misdemeanor.
Certificates, laboratory statements or reports, or any other matters in this part referred to and the information therein contained shall be confidential and may not be divulged to or open to inspection by any person other than the patient or those designated by the patient to receive the information or other than state and local health officers or their duly authorized representatives. A person who divulges this information or opens to inspection the certificates, statements, or reports without authority to any person not by law entitled to them is guilty of a misdemeanor and may be fined not more than $100.
History: En. Sec. 6, Ch. 228, L. 1973; R.C.M. 1947, 69-6706.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-109. Waiver of test by court when contrary to patient's religious creed

50-19-109. Waiver of test by court when contrary to patient's religious creed.
The district court within the county wherein any person affected by this part resides may waive the requirements of this part as to the person if the judge is satisfied, by affidavit or other proof, that the tests required by the part are contrary to the tenets or practices of the religious creed of which the applicant is an adherent and that the public health and welfare will not be injuriously affected thereby.
History: En. Sec. 8, Ch. 228, L. 1973; R.C.M. 1947, 69-6708.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 1. Serological Test for Women Seeking Prenatal Care › 50-19-110. Birth or fetal death certificate to state whether test made

50-19-110. Birth or fetal death certificate to state whether test made.
A birth or fetal death certificate shall state whether a standard serological test was made on the specimen of blood, but the birth or fetal death certificate may not show the result of the test. The certificate shall state the approximate date when the specimen was taken, and if no test was made, the reason shall be stated.
History: En. Sec. 9, Ch. 228, L. 1973; R.C.M. 1947, 69-6709.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-201. Definitions

50-19-201. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Newborn" means an infant under 28 days of life.
(3) "Person" means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not.
History: En. Sec. 1, Ch. 227, L. 1973; R.C.M. 1947, 69-6710; amd. Sec. 120, Ch. 418, L. 1995; amd. Sec. 297, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-202. Administration

50-19-202. Administration.
This part shall be administered by the department, and the department may adopt rules for the administration of this part.
History: En. Sec. 3, Ch. 227, L. 1973; R.C.M. 1947, 69-6712.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-203. Newborn screening and followup for metabolic and genetic disorders

50-19-203. Newborn screening and followup for metabolic and genetic disorders.
(1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and genetic disorders as required under rules adopted by the department. The department shall initiate rulemaking to add testing for a new metabolic or genetic disorder to the newborn screening panel on occurrence of the following:
(a) a reliable test or series of tests for screening newborns for a genetic or metabolic condition using dried blood spots or other testing is developed and registered with the United States food and drug administration;
(b) quality assurance testing methodology is available and approved by the United States centers for disease control and prevention;
(c) necessary materials for the testing and quality assurance testing are commercially available; and
(d) the newborn screening advisory committee has recommended that the test be added to the newborn screening protocol.
(2) (a) The tests must be done by an approved laboratory. An approved laboratory must be the laboratory of the department or a laboratory approved by the department.
(b) A laboratory shall destroy any genetic materials submitted for a newborn if requested by a parent or guardian as provided in 50-19-206.
(c) A facility that collected samples for tests required under this section shall destroy any excess genetic material that was collected and was not sent to an approved laboratory for testing.
(3) The department shall contract with one or more providers qualified to provide followup services, including counseling and education, for children and parents of children identified with metabolic or genetic disorders to ensure the availability of followup services.
History: En. Sec. 2, Ch. 227, L. 1973; R.C.M. 1947, 69-6711; amd. Sec. 1, Ch. 401, L. 2007; amd. Sec. 2, Ch. 372, L. 2021; amd. Sec. 2, Ch. 287, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-204. Department and Montana developmental center to furnish assistance when requested

50-19-204. Department and Montana developmental center to furnish assistance when requested.
(1) The department and the staff of the Montana developmental center shall make available and furnish, when requested, any assistance and services permitted by law to achieve the legislative intent of this part.
(2) The department may determine its procedure for advising the attending physician, the parents, or legal guardian of the newborn infant of any medical results of the test and the availability of assistance, services, or counseling of the department and the staff of the Montana developmental center.
(3) The department may determine procedures for coordination with the Montana developmental center in providing the services and assistance required in this part.
History: En. Sec. 4, Ch. 227, L. 1973; R.C.M. 1947, 69-6713; amd. Sec. 1, Ch. 151, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-206. Genetic material related to newborn screening -- limitations -- retention

50-19-206. Genetic material related to newborn screening -- limitations -- retention.
(1) Genetic material obtained to conduct the newborn screenings required under this part may not be used for any purposes other than the required screenings unless a parent or guardian consents in writing to use of the material for other purposes.
(2) A parent or guardian may request at any time that blood or other samples obtained for the screenings be destroyed:
(a) at any time after the initial test is completed, if the test results are within a normal range; or
(b) no sooner than 30 days after a test is completed, if the test results are outside of a normal range.
(3) The facility in which a child is born or newborn care is provided or the person responsible for registration of the birth of a newborn shall inform parents or guardians in writing of their rights under this section at or before the time of collection of any samples for newborn screenings. The notification must include information on how to submit a request for destruction of the samples.
History: En. Sec. 1, Ch. 287, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-211. Statewide genetics program established

50-19-211. Statewide genetics program established.
(1) A combined, comprehensive statewide genetics program is established in the department to ensure the availability of services that include but are not limited to:
(a) comprehensive clinical and self-supporting laboratory genetic services, including but not limited to cytogenetics, DNA, and special chemistry, to all areas of the state and all segments of the population;
(b) counseling and testing programs for the diagnosis and management of genetic conditions; and
(c) educational programs for physicians, allied health professionals, and the public with respect to:
(i) the nature of genetic processes;
(ii) the inheritance patterns of genetic conditions; and
(iii) the means, methods, and facilities available to diagnose, counsel, and treat genetic conditions.
(2) When the department contracts for genetics services under this section, it shall preferably contract with a single entity that is able to provide the combined, comprehensive program. The department and the contractor shall administer the contract in the most cost-effective means practicable.
History: En. Sec. 1, Ch. 706, L. 1985; amd. Sec. 2, Ch. 396, L. 2005; amd. Sec. 2, Ch. 401, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 2. Metabolic Tests of Infants -- Genetics Program › 50-19-212. State special revenue account

50-19-212. State special revenue account.
There is an account in the state special revenue fund to the credit of the department to be used solely for the purposes provided in 50-19-211.
History: En. Sec. 3, Ch. 396, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-301. Short title

50-19-301. Short title.
This part may be cited as "The Montana Initiative for the Abatement of Mortality in Infants (MIAMI) Act".
History: En. Sec. 1, Ch. 649, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-302. Purposes

50-19-302. Purposes.
The purposes of this part are to:
(1) assure that mothers and children, in particular those with low income or with limited availability of health services, receive access to quality maternal and child health services;
(2) reduce infant mortality and the number of low birthweight babies; and
(3) prevent the incidence of children born with chronic illnesses, birth defects, or severe disabilities as a result of inadequate prenatal care.
History: En. Sec. 2, Ch. 649, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-303. Definitions

50-19-303. Definitions.
For purposes of this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Low income" means, with respect to an individual or family, income that does not exceed the official federal poverty threshold as defined by the federal office of management and budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981.
(3) "Project" means the MIAMI project established in 50-19-311.
(4) "Service provider" means a person, agency, or organization that has a contract to provide services under the MIAMI project.
History: En. Sec. 3, Ch. 649, L. 1989; amd. Sec. 121, Ch. 418, L. 1995; amd. Sec. 298, Ch. 546, L. 1995; amd. Sec. 7, Ch. 171, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-311. MIAMI project

50-19-311. MIAMI project.
(1) There is a MIAMI project established in the department.
(2) Under the project, the department shall provide the following services:
(a) infant mortality review;
(b) morbidity review of births involving low birthweight babies;
(c) low birthweight prevention;
(d) assistance to low-income women and infants in gaining access to prenatal care, delivery, and postpartum care;
(e) referral of low-income women and children to other programs to protect the health of women and children, including:
(i) supplemental food programs for women, infants, and children;
(ii) family planning services; and
(iii) other maternal and child health programs;
(f) public education and community outreach to inform the public on:
(i) the importance of receiving early prenatal care;
(ii) the need for good health habits during pregnancy; and
(iii) the availability of special services for pregnant women and for children.
History: En. Sec. 4, Ch. 649, L. 1989; amd. Sec. 2, Ch. 634, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-312. Repealed

50-19-312. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 6, Ch. 649, L. 1989; amd. Sec. 3, Ch. 634, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-321. Contracts for services

50-19-321. Contracts for services.
(1) The department shall contract with service providers to provide services under the MIAMI project.
(2) In selecting service providers, the department shall take into consideration the past performance of the person, agency, or organization in providing similar services, the demonstrated effectiveness of the service provider in delivering comparable or related services, the fiscal accountability of the service provider, and such other factors as the department determines to be appropriate.
History: En. Sec. 7, Ch. 649, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-322. Federal and other aid

50-19-322. Federal and other aid.
(1) The department may apply for and receive federal aid and other funding available for the MIAMI project.
(2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.
History: En. Sec. 8, Ch. 649, L. 1989; amd. Sec. 9, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 3. Montana Initiative for the Abatement of Mortality in Infants › 50-19-323. Coordination of programs

50-19-323. Coordination of programs.
The department shall coordinate services under the MIAMI project with other services and programs in the state including:
(1) the early and periodic screening, diagnosis, and treatment services program under Title XIX of the federal Social Security Act;
(2) the Montana medicaid program established in 53-6-101;
(3) programs administered with funds under the federal Maternal and Child Health Services Block Grant Act, Public Law 97-35, as may be amended; and
(4) the services of fetal, infant, child, and maternal mortality teams as provided in part 4 of this chapter.
History: En. Sec. 9, Ch. 649, L. 1989; amd. Sec. 9, Ch. 519, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-401. Short title

50-19-401. Short title.
This part may be cited as the "Fetal, Infant, Child, and Maternal Mortality Prevention Act".
History: En. Sec. 1, Ch. 519, L. 1997; amd. Sec. 4, Ch. 67, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-402. Statement of policy -- access to information

50-19-402. Statement of policy -- access to information.
(1) The prevention of fetal, infant, child, and maternal deaths is both the policy of the state of Montana and a community responsibility. Many community professionals have expertise that can be used to promote the health, safety, and welfare of fetuses, infants, children, and postnatal women. The use of these professionals in reviewing fetal, infant, child, and maternal deaths can lead to a greater understanding of the causes of death and the methods of preventing deaths. It is the intent of the legislature to encourage local communities to establish voluntary multidisciplinary fetal, infant, child, and maternal mortality review teams to study the incidence and causes of fetal, infant, child, and maternal deaths and to make recommendations for community or statewide change, if appropriate, that may help prevent future deaths.
(2) (a) A health care provider may disclose information about a patient without the patient's authorization or without the authorization of the representative of a patient who is deceased upon request of a local fetal, infant, child, and maternal mortality review team. The review team may request and may receive information from:
(i) a county attorney as provided in 44-5-303(4);
(ii) a tribal attorney; and
(iii) a health care provider as permitted in:
(A) Title 50, chapter 16, part 5 or 8; or
(B) applicable federal law.
(b) The review team shall maintain the confidentiality of the information received.
(3) (a) The local fetal, infant, child, and maternal mortality review team may:
(i) perform an indepth analysis of fetal, infant, and child deaths;
(ii) perform an indepth analysis of maternal deaths that occur within a year of the time a woman gave birth;
(iii) compile statistics of fetal, infant, child, and maternal mortality and communicate the statistics to the department of public health and human services for inclusion in statistical reports;
(iv) analyze the preventable causes of fetal, infant, child, and maternal deaths, including child abuse and neglect and postpartum complications; and
(v) recommend measures to prevent future fetal, infant, child, and maternal deaths.
(b) The analysis authorized under this subsection (3) may include a review of records available by law.
(4) A local fetal, infant, child, and maternal mortality review team may not review deaths under this section if:
(a) the deaths involve fetuses, infants, children, or women who are Indians;
(b) the deaths occur within the boundaries of an Indian reservation; and
(c) the tribal government opposes the review.
History: En. Sec. 2, Ch. 519, L. 1997; amd. Sec. 11, Ch. 396, L. 2003; amd. Sec. 1, Ch. 413, L. 2003; amd. Sec. 5, Ch. 67, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-403. Local fetal, infant, child, and maternal mortality review team

50-19-403. Local fetal, infant, child, and maternal mortality review team.
(1) A local fetal, infant, child, and maternal mortality review team must be approved by the department of public health and human services. Approval may be given if:
(a) the county health department, a tribal health department if the tribal government agrees, or both are represented on the team and the plan provided for in subsection (1)(e) includes the roles of the county health department, tribal health department, or both;
(b) a lead person has been designated for the purposes of management of the review team;
(c) at least five of the individuals listed in subsection (2) have agreed to serve on the review team;
(d) a team reviewing a maternal death includes at least one obstetrician, one family practice physician, or one physician assistant whose experience includes obstetrical care; and
(e) the team has developed a plan that includes, at a minimum, operating policies of the review team covering collection and destruction of information obtained pursuant to 44-5-303(4) or 50-19-402(2).
(2) If a local fetal, infant, child, and maternal mortality review team is established, the team must be multidisciplinary and may include only:
(a) the county attorney or a designee;
(b) a law enforcement officer;
(c) the medical examiner or coroner for the jurisdiction;
(d) a physician;
(e) a school district representative;
(f) a representative of the local health department;
(g) a representative from a tribal health department, appointed by the tribal government;
(h) a representative from a neighboring county or tribal government if there is an agreement to review deaths for that county or tribe;
(i) a representative of the department of public health and human services;
(j) a forensic pathologist;
(k) a pediatrician;
(l) a family practice physician;
(m) an obstetrician;
(n) a nurse practitioner;
(o) a public health nurse;
(p) a mental health professional;
(q) a local trauma coordinator;
(r) a representative of the bureau of Indian affairs or the Indian health service, or both, who is located within the county;
(s) a physician assistant; and
(t) representatives of the following:
(i) local emergency medical services;
(ii) a local hospital;
(iii) a local hospital medical records department;
(iv) a local governmental fire agency organized under Title 7, chapter 33; and
(v) the local registrar.
(3) The designated lead person for the team shall submit membership lists to the department of public health and human services annually.
History: En. Sec. 3, Ch. 519, L. 1997; amd. Sec. 2, Ch. 413, L. 2003; amd. Sec. 16, Ch. 449, L. 2007; amd. Sec. 6, Ch. 67, L. 2013; amd. Sec. 15, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-404. Records -- confidentiality

50-19-404. Records -- confidentiality.
Material and information obtained by a local fetal, infant, child, and maternal mortality review team are not subject to disclosure under the public records law. Material and information obtained by a review team are not subject to subpoena.
History: En. Sec. 4, Ch. 519, L. 1997; amd. Sec. 3, Ch. 413, L. 2003; amd. Sec. 7, Ch. 67, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-405. Unauthorized disclosure -- civil penalty

50-19-405. Unauthorized disclosure -- civil penalty.
A person aggrieved by the use of information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or by a disclosure of that information in violation of 50-19-402(2) may bring a civil action in the district court of the county of the person's residence for damages, costs, and fees as provided in 50-16-553(6) through (8) or 50-16-817.
History: En. Sec. 5, Ch. 519, L. 1997; amd. Sec. 12, Ch. 396, L. 2003; amd. Sec. 4, Ch. 413, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 4. Fetal, Infant, Child, and Maternal Mortality Prevention Act › 50-19-406. Unauthorized disclosure -- misdemeanor

50-19-406. Unauthorized disclosure -- misdemeanor.
A person who knowingly uses information obtained pursuant to 50-19-402(2) for a purpose not authorized by 50-19-402(3) or who discloses that information in violation of 50-19-402(2) is guilty of a misdemeanor and upon conviction is punishable as provided in 46-18-212.
History: En. Sec. 6, Ch. 519, L. 1997; amd. Sec. 13, Ch. 396, L. 2003; amd. Sec. 5, Ch. 413, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 19. Pregnant Women and Newborn Infants › Part 5. Breastfeeding › 50-19-501. Nursing mother and infant protection

50-19-501. Nursing mother and infant protection.
(1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother's child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.
(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.
(3) The act of breastfeeding may not be considered:
(a) a nuisance as provided in Title 27, chapter 30;
(b) indecent exposure as provided for in 45-5-504;
(c) sexual conduct as defined in 45-5-625; or
(d) obscenity as provided for in 45-8-201.
History: En. Sec. 1, Ch. 299, L. 1999; amd. Sec. 2, Ch. 29, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-101. Short title

50-20-101. Short title.
This part may be cited as the "Montana Abortion Control Act".
History: En. 94-5-613 by Sec. 1, Ch. 284, L. 1974; R.C.M. 1947, 94-5-613; amd. Sec. 61, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-102. Statement of purpose -- findings

50-20-102. Statement of purpose -- findings.
(1) The legislature reaffirms the tradition of the state of Montana to protect every human life, whether unborn or aged, healthy or sick. In keeping with this tradition and in the spirit of our constitution, we reaffirm the intent to extend the protection of the laws of Montana in favor of all human life. It is the policy of the state to preserve and protect the lives of all human beings and to provide protection for the viable human life. The protection afforded to a person by Montana's constitutional right of privacy is not absolute, but may be infringed upon by a compelling state interest. The legislature finds that a compelling state interest exists in the protection of viable life.
(2) The legislature finds, with respect to 50-20-401, that:
(a) the United States supreme court has determined that states have a legitimate interest in protecting both a woman's health and the potentiality of human life and that each interest grows and reaches a compelling point at various stages of a woman's approach to the full term of a pregnancy;
(b) the court has also determined that subsequent to viability, the state in promoting its interest in the potentiality of human life may, if it chooses, regulate and even proscribe abortion except when necessary, in appropriate medical judgment, for the preservation of the life or health of the woman;
(c) the holdings referred to in subsections (2)(a) and (2)(b) apply to unborn persons in order to extend to unborn persons the inalienable right to defend their lives and liberties;
(d) absent clear proof that an abortion is necessary to save the life of the woman, the abortion of a viable person is an infringement of that person's rights; and
(e) the state has a duty to protect innocent life and that duty has grown to a compelling point with respect to partial-birth abortion.
History: En. 94-5-614 by Sec. 2, Ch. 284, L. 1974; R.C.M. 1947, 94-5-614; amd. Sec. 1, Ch. 479, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-103. Legislative intent

50-20-103. Legislative intent.
It is the intent of the legislature to restrict abortion to the extent permissible under decisions of appropriate courts or paramount legislation.
History: En. 94-5-623 by Sec. 11, Ch. 284, L. 1974; R.C.M. 1947, 94-5-623.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-104. Definitions

50-20-104. Definitions.
As used in this chapter, the following definitions apply:
(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(2) "Attempted abortion" or "attempted" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Facility" means a hospital, health care facility, physician's office, or other place in which an abortion is performed.
(5) "Informed consent" means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:
(a) the physician who is to perform the abortion of the following information:
(i) the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;
(ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and
(iii) the medical risks of carrying the child to term;
(b) the physician or an agent of the physician:
(i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
(ii) that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and
(iii) that the woman has the right to review the printed materials described in 50-20-304; and
(c) the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion.
(6) (a) "Viability" means the ability of a fetus to live outside the mother's womb, albeit with artificial aid.
(b) A determination of viability must be:
(i) made in writing by the physician or physician assistant performing an abortion and include the review and record of an ultrasound; and
(ii) based on the best available science and survival data, with viability presumed at 24 weeks gestational age and any period of time after that. A calculation of gestational age must take into account a margin of error and, if uncertainty exists regarding viability, there is a presumption of viability.
History: En. 94-5-615 by Sec. 3, Ch. 284, L. 1974; amd. Sec. 38, Ch. 187, L. 1977; R.C.M. 1947, 94-5-615(part); amd. Sec. 122, Ch. 418, L. 1995; amd. Sec. 299, Ch. 546, L. 1995; amd. Sec. 9, Ch. 566, L. 1995; amd. Sec. 1, Ch. 389, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 1. Montana Abortion Control Act › 50-20-105. Duties of department

50-20-105. Duties of department.
(1) The department shall make regulations to provide for the humane disposition of dead infants or fetuses.
(2) The department shall make regulations for a comprehensive system of reporting of maternal deaths and complications within the state resulting directly or indirectly from abortion, subject to the provisions of 50-20-110(6).
(3) The department shall report to the attorney general any apparent violation of this chapter.
(4) The department shall develop a certification form for use in accordance with 50-20-113.
History: (1)En. 94-5-617 by Sec. 5, Ch. 284, L. 1974; amd. Sec. 13, Ch. 338, L. 1977; Sec. 94-5-617, R.C.M. 1947; (2)En. 94-5-621 by Sec. 9, Ch. 284, L. 1974; Sec. 94-5-621, R.C.M. 1947; (3)En. 94-5-619 by Sec. 7, Ch. 284, L. 1974; Sec. 94-5-619, R.C.M. 1947; R.C.M. 1947, 94-5-617(4), 94-5-619(6), 94-5-621; amd. Sec. 2, Ch. 308, L. 2021; amd. Sec. 1, Ch. 278, L. 2023.