reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-114. Unlawful acts and penalties

50-15-114. Unlawful acts and penalties.
(1) It is unlawful to disclose data in the vital statistics records of the department, local registrars, or county clerk and recorder unless disclosure is authorized by law.
(2) A person shall be fined not more than $1,000 or be imprisoned for not more than 1 year, or both, if:
(a) the person willfully and knowingly makes any false statement in a report, record, or certificate required to be filed by law or in an application for an amendment of a report, record, or certificate or willfully and knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate or amendment;
(b) without lawful authority and with the intent to deceive, the person makes, alters, amends, or mutilates any report, record, or certificate required to be filed under law or a certified copy of the report, record, or certificate;
(c) the person willfully and knowingly uses or attempts to use or furnish to another for use, for any purpose of deception, any certificate, record, report, or certified copy made, altered, amended, or mutilated;
(d) with the intention to deceive, the person willfully uses or attempts to use any birth certificate or certified copy of a birth record knowing that the certificate or certified copy was issued upon a record that is false in whole or in part or that relates to the birth of another person;
(e) the person willfully and knowingly furnishes a birth certificate or certified copy of a birth record with the intention that it be used by a person other than the person to whom the birth record relates.
(3) A person shall be fined not less than $25 or more than $500, imprisoned for not more than 30 days, or both, if the person:
(a) knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided by law;
(b) refuses to provide information required by law;
(c) willfully neglects or violates any of the provisions of law or refuses to perform any of the duties imposed upon the person by law.
History: (1)En. Sec. 44, Ch. 197, L. 1967; amd. Sec. 49, Ch. 349, L. 1974; Sec. 69-4404, R.C.M. 1947; (2)En. Sec. 76, Ch. 197, L. 1967; Sec. 69-4436, R.C.M. 1947; (3)En. Sec. 77, Ch. 197, L. 1967; Sec. 69-4437, R.C.M. 1947; R.C.M. 1947, 69-4404(part), 69-4436, 69-4437; amd. Sec. 1, Ch. 487, L. 1989; amd. Sec. 2, Ch. 384, L. 1991; amd. Sec. 1821, Ch. 56, L. 2009; amd. Sec. 27, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-123. Preservation of vital records

50-15-123. Preservation of vital records.
To preserve vital records, the department may prepare typewritten, photographic, electronic, or other reproductions of certificates, vital records, or reports kept by the department. The reproductions when certified and approved by the department must be accepted as the original records. The department shall maintain original vital records intact and in their original form on file at the department.
History: En. Sec. 9, Ch. 515, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 1. General Provisions › 50-15-124. Content of certificates, records, and reports

50-15-124. Content of certificates, records, and reports.
(1) In order to promote and maintain nationwide uniformity in the system of vital statistics, the department, in the preparation of the forms of certificates, vital records, or reports required by this chapter or rules adopted under this chapter, may include the elements in forms and the forms recommended by the national center for health statistics for implementing a system of vital statistics.
(2) Each certificate, record, report, and other document required by this chapter must be prepared in a format approved by the department. All vital records must contain the date of filing.
(3) Information required in certificates, forms, records, or reports authorized by this chapter may be filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by the department.
History: En. Sec. 10, Ch. 515, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-201. Repealed

50-15-201. Repealed.
Sec. 20, Ch. 515, L. 1995.
History: En. Sec. 53, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4413.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-202. Unattended birth

50-15-202. Unattended birth.
(1) If a birth is unattended and neither parent is able to prepare a birth certificate, the local registrar shall:
(a) secure information from any person having knowledge of the birth;
(b) prepare and file a birth certificate;
(c) within the time prescribed by the department, file a supplementary report furnishing information omitted from the original birth certificate if additional information is received.
(2) Birth certificates completed by a supplementary report may not be considered "delayed" or "amended".
History: En. Sec. 54, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4414; amd. Sec. 1, Ch. 139, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-203. Child of unknown parentage

50-15-203. Child of unknown parentage.
(1) A person who assumes custody of a child of unknown parentage shall immediately file with the local registrar a written report which shall constitute a birth certificate.
(2) The report shall contain:
(a) the date and place of finding or assumption of custody;
(b) sex, color or race, and approximate age of the child;
(c) name and address of the person or institution with whom the child has been placed for care;
(d) name given to the child by the finder or person who assumes custody.
(3) The place where the child was found or custody assumed shall be the place of birth.
(4) The date of birth shall be determined by approximation.
(5) If the child is identified and a regular birth certificate is found or obtained, the report shall be sealed and may be opened only by court order.
History: En. Sec. 55, Ch. 197, L. 1967; R.C.M. 1947, 69-4415.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-204. Delayed or amended birth certificate

50-15-204. Delayed or amended birth certificate.
(1) (a) If a certificate of birth for a person born in this state has not been filed within 1 year of the birth, a delayed certificate of birth may be filed in accordance with rules adopted by the department. A delayed certificate of birth may not be registered until the requirements regarding facts pertaining to the delayed certificate, as specified by rule, have been met.
(b) A birth of a person in this state whose name has not been registered within 1 year after the birth must be registered on a delayed certificate of birth form. The delayed certificate must contain the date of registration and a summary statement of the information submitted to explain the delayed registration.
(c) A delayed certificate of birth may not be registered for a deceased person.
(d) The department may not register a delayed certificate of birth if an applicant for a delayed certificate of birth does not submit the minimum documentation required by rule for delayed registration or if the department has cause to question the validity or adequacy of the applicant's sworn statement or the documentation provided to establish the facts and the deficiencies are not corrected. The department shall advise the applicant of the reasons for the refusal to register the delayed certificate of birth. The department shall advise the applicant of the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed certificate of birth as provided in 50-15-222.
(e) The department may, by rule, provide for the dismissal of an application for registration of a delayed certificate of birth that is not actively pursued.
(2) The department or its designee may amend a birth, death, or fetal death certificate upon submitting proof as required by the department.
(3) The department shall adopt rules establishing the circumstances under which vital records may be corrected or amended and the procedure to correct or amend those records.
(4) If a birth certificate is amended by the department after filing, the certificate must show the date of the amendment and the mark "amended". A summary statement of the evidence in support of the amendment must be endorsed on the certificate.
(5) The probative value of a "delayed" or "amended" certificate of birth is determined by the judicial or administrative body before whom the certificate is offered as evidence.
History: (1), (2)En. Sec. 56, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; Sec. 69-4416, R.C.M. 1947; (3)En. Sec. 57, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; Sec. 69-4417, R.C.M. 1947; (4)En. Sec. 59, Ch. 197, L. 1967; Sec. 69-4419, R.C.M. 1947; R.C.M. 1947, 69-4416, 69-4417, 69-4419; amd. Sec. 12, Ch. 515, L. 1995; amd. Sec. 2, Ch. 139, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-205. Repealed

50-15-205. Repealed.
Sec. 20, Ch. 515, L. 1995.
History: En. Sec. 58, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4418.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-206. Repealed

50-15-206. Repealed.
Sec. 20, Ch. 515, L. 1995.
History: En. Sec. 62, Ch. 197, L. 1967; R.C.M. 1947, 69-4422; amd. Sec. 2, Ch. 178, L. 1979; amd. Sec. 67, Ch. 609, L. 1987; amd. Sec. 2, Ch. 118, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-207. New birth certificate upon proof of legitimation

50-15-207. New birth certificate upon proof of legitimation.
Upon receipt of proof of legitimation, the department shall prepare a new birth certificate in the new name of the person legitimated. Evidence upon which the new certificate is based and the original birth certificate shall be sealed and may be opened only upon court order. In case of legitimation, the department shall substitute records in the way provided in 50-15-304(2) for records of adoption.
History: En. Sec. 63, Ch. 197, L. 1967; amd. Sec. 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4423.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-208. Birth registration for stillbirth -- requirements

50-15-208. Birth registration for stillbirth -- requirements.
(1) The department shall establish a certificate of birth resulting in a stillbirth on a form adopted by the department when the birth results in a stillbirth. Upon request by a parent, a certificate of birth resulting in a stillbirth must be filed in addition to the fetal death certificate provided for in 50-15-403. Upon request, a certificate of birth resulting in a stillbirth must be provided to a parent.
(2) A certificate of birth resulting in a stillbirth may be filed by:
(a) the physician, the physician's designee, or the direct-entry midwife licensed pursuant to Title 37, chapter 27, in attendance at a stillbirth;
(b) the person in attendance at a stillbirth;
(c) the father or the mother;
(d) in the absence of the father and the inability of the mother, the person in charge of the premises where the stillbirth occurred; or
(e) the local registrar if 50-15-202 applies.
(3) The department shall adopt rules providing for:
(a) the time by which the certificate of birth resulting in a stillbirth must be filed after the stillbirth;
(b) the evidence required to establish the facts of a stillbirth; and
(c) the information required on a certificate of birth resulting in a stillbirth.
History: En. Sec. 1, Ch. 474, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-209. Certificate of nonviable birth -- requirements

50-15-209. Certificate of nonviable birth -- requirements.
(1) The department shall establish a certificate of nonviable birth on a form adopted by the department and meeting the requirements of subsection (4). On request by a parent, a certificate of nonviable birth must be filed and be provided to the parent.
(2) The department shall make available on its website information to advise a parent:
(a) of the manner in which a request for a certificate of nonviable birth may be made; and
(b) that the parent must request the certificate within 60 days of the nonviable birth.
(3) A request for a certificate of nonviable birth must:
(a) be made within 60 days of the birth on a form prescribed by the department by rule; and
(b) include the date of the nonviable birth and the county in which the birth occurred.
(4) The certificate of nonviable birth prepared by the department must contain:
(a) the date of the nonviable birth;
(b) the county in which the birth occurred;
(c) the name of the fetus. If the requesting parent does not wish to provide a name, the department shall fill in the certificate with the name "baby boy", "baby girl", or, if the sex of the child is unknown, "baby" and the last name of the parent as provided in 50-15-221.
(5) The following statement must appear on the front of the certificate: "This certificate is not proof of a live birth".
(6) A certificate of nonviable birth is a private commemorative document and is not a public record.
(7) It is a final agency action, not subject to review under the Montana Administrative Procedure Act, for the department to refuse to issue a certificate of nonviable birth to a person who has failed to provide information required by the department by rule for issuance of the certificate.
(8) The department may not use a certificate of nonviable birth to calculate live birth statistics.
(9) This section may not be used to establish, bring, or support:
(a) a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a nonviable birth; or
(b) a criminal cause of action against any person or entity for a nonviable birth.
(10) The department shall adopt rules as to the form, content, and process for the certificate of nonviable birth.
History: En. Sec. 1, Ch. 172, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-210. Paternity acknowledgment

50-15-210. Paternity acknowledgment.
(1) Upon the birth of a child to a mother unmarried at the time of birth, the administrator or person in charge of a hospital or other institution in which the birth occurs or the midwife who attends the birth shall:
(a) provide an opportunity for the child's mother and alleged father to complete an acknowledgment of paternity pursuant to 40-6-105;
(b) provide written information, furnished by the department of public health and human services, describing the rights and responsibilities of paternity, the benefits of having a child's paternity established, and the child's right to receive support; and
(c) forward a copy of an acknowledgment signed by the mother and the father to the department.
(2) The hospital, institution, or midwife is entitled to reimbursement for reasonable costs of obtaining an acknowledgment. The department of public health and human services shall establish the amount of reasonable costs, not to exceed the amount for which federal financial participation is available, and the procedures for claiming reimbursement.
(3) Hospitals, institutions, and midwives shall use forms prescribed by the department of public health and human services for the acknowledgment of paternity.
(4) If the child is born in this state, the department of public health and human services shall file an acknowledgment received under 40-6-105 or this section with the child's certificate of birth. If the child was not born in this state or if an acknowledgment received under 40-6-105 or this section cannot be filed with the child's certificate of birth, the department shall file the acknowledgment in an acknowledgment registry created and maintained for that purpose.
History: En. Sec. 2, Ch. 523, L. 1993; amd. Sec. 11, Ch. 70, L. 1995; amd. Sec. 91, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-222. Judicial birth facts procedure

50-15-222. Judicial birth facts procedure.
(1) If the department declines to register a certificate of birth under the provisions of 50-15-204 or 50-15-221, a petition signed and sworn to by the petitioner may be filed with the district court, seeking an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(2) The petition must be made on a form adopted or approved by the department and must allege:
(a) that the person for whom a certificate of birth is sought was born in this state;
(b) that a certificate of birth of the person cannot be found at the department or at the office of the clerk and recorder;
(c) that diligent efforts by the petitioner have failed to obtain the evidence to establish entitlement to a certificate of birth required in accordance with this chapter and rules adopted pursuant to this chapter;
(d) that the department has declined to file a certificate of birth; and
(e) other allegations as may be required by law.
(3) The petition must be accompanied by all documentary evidence that was submitted to the department in support of the applicant's registration and by a statement of the reasons why the department declined to register the certificate of birth.
(4) The district court shall fix a time and place for hearing the petition and shall give the department 30 days' notice of the hearing. The department through its authorized representative shall appear and testify as a witness in the proceeding if determined necessary by the court.
(5) If the district court finds, from the evidence presented, that the person for whom a certificate of birth is sought was born in this state, it shall make findings as to the date and place of birth, parentage, and other relevant facts and shall issue an order establishing the certificate of birth. The order must include the findings and birth data to be registered, a description of the evidence presented, and the date of the court's action.
(6) The clerk of the court shall forward the order referred to in subsection (5) to the department not later than the 10th calendar day of the month following the month in which it was entered. The order must be registered by the department and constitutes the court-ordered certificate of birth.
History: En. Sec. 13, Ch. 515, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 2. Birth › 50-15-224. Sex change designation on birth certificate

50-15-224. Sex change designation on birth certificate.
(1) The sex of a person designated on a birth certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of the person born in Montana has been changed by surgical procedure.
(2) The order must contain sufficient information for the department to locate the original birth certificate. If the person's name is to be changed, the order must indicate the person's full name as it appears on the original birth certificate and the full name to which it is to be amended.
(3) If the order directs the issuance of a new birth certificate that does not show amendments, the new birth certificate may not indicate on its face that it was amended.
(4) This section does not apply if the sex of a person was designated incorrectly on the original birth certificate due to a data entry error.
History: En. Sec. 1, Ch. 332, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 3. Marriage and Adoption › 50-15-301. Marriage certificates

50-15-301. Marriage certificates.
Before the 10th day of each month, each clerk of a district court shall report marriage certificates filed during the preceding calendar month to the department. Reports must be on forms and contain information prescribed by the department.
History: En. Sec. 72, Ch. 197, L. 1967; amd. Secs. 107 and 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4432; amd. Sec. 7, Ch. 228, L. 1981; amd. Sec. 14, Ch. 13, Sp. L. August 2002; amd. Sec. 6, Ch. 114, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 3. Marriage and Adoption › 50-15-302. Clerk to report decree of dissolution or declaration of invalidity of marriage

50-15-302. Clerk to report decree of dissolution or declaration of invalidity of marriage.
(1) At the same time a decree of dissolution or declaration of invalidity of marriage is filed, the clerk of court shall prepare a report to the department on the form prescribed by the department. Parties to the action or their attorneys shall supply the clerk with necessary information.
(2) The report must include the:
(a) name, age, birthplace, residence, race or color, and occupation of each party;
(b) number, date, and place of any previous marriage of either party;
(c) number of children under 18 years of age in custody of either party and residing with the party;
(d) grounds for the action;
(e) number of the cause of action;
(f) county and judicial district where the action is filed; and
(g) date of judgment and the party that was granted it.
History: En. Sec. 74, Ch. 197, L. 1967; amd. Secs. 107, 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4434; amd. Sec. 4, Ch. 37, L. 1979; amd. Sec. 1822, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 3. Marriage and Adoption › 50-15-303. Certificates of dissolution of marriage or declaration of invalidity of marriage

50-15-303. Certificates of dissolution of marriage or declaration of invalidity of marriage.
Before the 10th day of each month, the clerk of the court shall prepare and forward to the department a certificate for each decree of dissolution of marriage or declaration of invalidity of marriage that became final during the preceding calendar month. Certificates must be on forms prescribed by the department.
History: En. Sec. 73, Ch. 197, L. 1967; amd. Secs. 107, 110, Ch. 349, L. 1974; R.C.M. 1947, 69-4433; amd. Sec. 5, Ch. 37, L. 1979; amd. Sec. 8, Ch. 228, L. 1981; amd. Sec. 15, Ch. 515, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 3. Marriage and Adoption › 50-15-304. Substitute birth certificate for person adopted

50-15-304. Substitute birth certificate for person adopted.
(1) The procedure for issuing a substitute birth certificate for a person born in Montana and adopted is as follows:
(a) Before the 16th day of the month following the order of adoption, the clerk of the district court shall forward a certified copy of the final order of adoption to the department or the department may accept a certified copy of a final order of adoption from a court of competent jurisdiction of another state of the United States or a tribal court of competent jurisdiction.
(b) The department shall prepare a substitute certificate containing:
(i) the new name of the adopted person;
(ii) the true date and place of birth and the sex of the adopted person;
(iii) statistical facts concerning the adoptive parents in place of the natural parents;
(iv) the words "department of public health and human services" substituted for the words "attendant's own signature"; and
(v) dates of recording as shown on the original birth certificate.
(2) The procedure for recording a substitute birth certificate for a person born in Montana and adopted is as follows:
(a) The department shall send copies of the substitute birth certificate to the local registrar and to the county clerk and recorder.
(b) The local registrar and county clerk and recorder shall immediately enter the substitute birth certificate in their files and forward copies of the original birth record to the department.
(c) The department shall seal original birth records and open them only as provided in 50-15-223(2).
(3) On receipt of a certified copy of a court order annulling an adoption, the department shall restore the original birth certificate to its place in its files and notify the local registrar and county clerk and recorder.
History: (1)En. Sec. 60, Ch. 197, L. 1967; amd. Sec. 52, Ch. 349, L. 1974; amd. Sec. 1, Ch. 162, L. 1977; Sec. 69-4420, R.C.M. 1947; (2), (3)En. Sec. 61, Ch. 197, L. 1967; amd. Sec. 53, Ch. 349, L. 1974; Sec. 69-4421, R.C.M. 1947; R.C.M. 1947, 69-4420, 69-4421; amd. Sec. 9, Ch. 228, L. 1981; amd. Sec. 105, Ch. 418, L. 1995; amd. Sec. 282, Ch. 546, L. 1995; amd. Sec. 3, Ch. 149, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-401. Repealed

50-15-401. Repealed.
Sec. 3, Ch. 118, L. 1997.
History: En. Sec. 64, Ch. 197, L. 1967; R.C.M. 1947, 69-4424(1); amd. Sec. 1, Ch. 502, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-402. Copy to be forwarded to deceased's county of residence

50-15-402. Copy to be forwarded to deceased's county of residence.
If a state resident dies outside the county of residence, the clerk and recorder shall send a certified copy of the death certificate to the clerk and recorder of the deceased's county of residence. The copy must be considered the same as the original.
History: En. Sec. 64, Ch. 197, L. 1967; R.C.M. 1947, 69-4424(2); amd. Sec. 1823, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-403. Preparation and filing of death or fetal death certificate

50-15-403. Preparation and filing of death or fetal death certificate.
(1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or, if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal death, on the parents that is required by the department from persons best qualified to supply the data and enter it on the death or fetal death certificate.
(2) The person in charge of disposition of the dead body or fetus shall present the death certificate to the certifying physician, the certifying advanced practice registered nurse, or the coroner having jurisdiction for medical certification of the cause of death. The medical certification must be completed by the physician, the advanced practice registered nurse, or the coroner within the timeframe established by the department by rule. The person in charge of disposition shall obtain the completed certification of the cause of death from the physician, the advanced practice registered nurse, or the coroner and shall, within the time that the department may prescribe by rule, file the death or fetal death certificate with the local registrar in the registration area where the death occurred or, if the place of death is unknown, where the dead body was discovered.
(3) If a dead body is found in this state but the place of death is unknown, the place where the body is found must be shown as the place of death on the death certificate. If the date of death is unknown, then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that fact.
(4) When a death occurs in a moving vehicle, as defined in 45-2-101, in the United States and the body is first removed from the vehicle in this state, the death must be registered in this state and the place where the body is first removed is considered the place of death. When a death occurs in a moving vehicle while in international air space or in a foreign country or its air space and the body is first removed from the vehicle in this state, the death must be registered in this state, but the actual place of death, insofar as it can be determined, must be entered on the death certificate.
History: En. Sec. 65, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4425; amd. Sec. 28, Ch. 7, L. 1979; amd. Sec. 3, Ch. 287, L. 1993; amd. Sec. 17, Ch. 515, L. 1995; amd. Sec. 2, Ch. 118, L. 1997; amd. Sec. 93, Ch. 552, L. 1997; amd. Sec. 2, Ch. 27, L. 1999; amd. Sec. 2, Ch. 258, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-404. Preparation of certificate when death not medically attended

50-15-404. Preparation of certificate when death not medically attended.
(1) If the death or fetal death occurred without medical attendance or the physician or advanced practice registered nurse last in attendance failed to sign the death certificate, the local registrar may complete the certificate on the basis of information received from persons having knowledge of the facts.
(2) If it appears the death or fetal death resulted from other than natural causes, the local registrar shall notify the coroner and the state medical examiner for investigation and certification.
History: En. Sec. 66, Ch. 197, L. 1967; R.C.M. 1947, 66-4426; amd. Sec. 29, Ch. 7, L. 1979; amd. Sec. 3, Ch. 258, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-405. Authorization for removal of body from place of death

50-15-405. Authorization for removal of body from place of death.
(1) Except as provided in subsection (2), a dead body may be removed from the place of death only upon the written authorization or oral authorization, which must be reduced to writing within 24 hours, of the physician in attendance at death or the physician's designee, the advanced practice registered nurse in attendance at death, the coroner having jurisdiction, or a mortician licensed under 37-19-302.
(2) If the death requires inquiry under 46-4-122, the written authorization may only be granted by the coroner having jurisdiction or the coroner's designee or by the state medical examiner if the coroner fails to act. However, when the only reason for inquiry under 46-4-122 is that the body is to be cremated, the coroner may grant oral authorization for cremation of the body, which must be reduced to writing as specified under subsection (1) by the coroner.
(3) The written authorization to move a dead body or, when applicable, to cremate a dead body must be made in quadruplicate on a form provided by the department. The person in charge of disposition of the dead body, the coroner having jurisdiction, and the local registrar must each be provided with and retain a copy of the authorization. A fourth copy may accompany the body to final disposition, as necessary.
(4) A written authorization issued under this section permits removal, transportation, and final disposition of a dead body.
History: En. Secs. 67, 68, Ch. 197, L. 1967; R.C.M. 1947, 69-4427, 69-4428; amd. Sec. 30, Ch. 7, L. 1979; amd. Sec. 4, Ch. 287, L. 1993; amd. Sec. 18, Ch. 515, L. 1995; amd. Sec. 4, Ch. 258, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-406. Body brought into state for disposition

50-15-406. Body brought into state for disposition.
If a body is brought into the state for burial or other disposition accompanied by a permit, the local registrar shall endorse the permit and keep a record of it.
History: En. Sec. 69, Ch. 197, L. 1967; R.C.M. 1947, 69-4429.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-407. Disinterment permit

50-15-407. Disinterment permit.
(1) A body, after burial, may be disinterred for reinterment or transport after a permit is obtained from the local registrar of the jurisdiction where the body is interred.
(2) Administration of this section is in the department, which shall adopt rules accordingly. The rules shall provide that, as a precondition to the permit, the applicant make a showing of reasonable cause for the disinterment.
(3) This section provides a supplementary procedure for disinterment of a dead body and is not amendatory to or repealing of any other act.
History: En. Sec. 1, Ch. 481, L. 1973; amd. Sec. 19, Ch. 187, L. 1977; R.C.M. 1947, 69-4428.1.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-409. List of deaths to be made by department -- copy to county clerk

50-15-409. List of deaths to be made by department -- copy to county clerk.
The department shall prepare on or before the fifth of January, April, July, and October of each year a list of all deaths, together with the date of the death, reported to it during the period and shall send a copy of the list of deaths to the county clerk of each county in the state.
History: En. Sec. 2, Ch. 186, L. 1935; re-en. Sec. 10400.50, R.C.M. 1935; R.C.M. 1947, 91-4458; amd. Sec. 175, Ch. 418, L. 1995; amd. Sec. 521, Ch. 546, L. 1995; Sec. 72-16-217, MCA 1999; redes. 50-15-409 by Sec. 35, Ch. 9, Sp. L. May 2000.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-411. Sudden infant death syndrome -- findings -- definition

50-15-411. Sudden infant death syndrome -- findings -- definition.
(1) As used in 50-15-412 and this section, "sudden infant death syndrome" means the sudden death of an infant under 1 year of age that remains unexplained after a thorough case investigation, including the performance of a complete autopsy, an examination of the death scene, and a review of the clinical history.
(2) The legislature recognizes that research has shown that sudden infant death syndrome is a leading cause of death among children from 1 month to 1 year of age. The legislature finds and declares that sudden infant death syndrome is a serious problem within Montana and that public interest is served by research and study of sudden infant death syndrome and its potential causes and indications.
History: En. Sec. 1, Ch. 351, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 4. Death › 50-15-412. Cause of death -- sudden infant death syndrome

50-15-412. Cause of death -- sudden infant death syndrome.
When the coroner's findings are consistent with sudden infant death syndrome, the coroner may state on the death certificate that sudden infant death syndrome was the cause of death.
History: En. Sec. 2, Ch. 351, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-702. Definitions

50-15-702. 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 practitioner" means a person licensed pursuant to Title 37, chapter 3, to practice medicine or pursuant to Title 37, chapter 4, to practice dentistry.
(3) "Hospital" means a facility that provides, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick persons.
(4) "Medical services" means diagnosis or treatment of illness in a human being by or under the supervision of a health care practitioner.
History: En. Sec. 2, Ch. 354, L. 1981; amd. Sec. 106, Ch. 418, L. 1995; amd. Sec. 283, Ch. 546, L. 1995; amd. Sec. 1, Ch. 101, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-703. Duty to report tumors

50-15-703. Duty to report tumors.
The following persons or entities shall report to the department on forms provided by the department all medical and personal information as specified in rules of the department and laboratory results pertaining to the treatment and condition of a person with a reportable tumor:
(1) a hospital that provides medical services relating to the tumor;
(2) a clinical laboratory, as defined in 50-5-101, that is not owned or operated by a hospital and that provides laboratory services relating to the tumor; and
(3) a health care practitioner or health care facility, not covered by subsection (1) or (2), providing medical services relating to the tumor.
History: En. Sec. 3, Ch. 354, L. 1981; amd. Sec. 1, Ch. 12, L. 1985; amd. Sec. 2, Ch. 101, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-704. Confidentiality

50-15-704. Confidentiality.
Information received by the department pursuant to this part may not be released unless:
(1) it is in statistical, nonidentifiable form;
(2) the provisions of Title 50, chapter 16, part 6, are satisfied;
(3) the release or transfer is to a person or organization that is qualified to perform data processing or data analysis and that has safeguards against unauthorized disclosure of that information;
(4) the release or transfer is to a central tumor registry of another state and is of information concerning a person who is residing in that state; or
(5) the release is to a health care practitioner or health care facility that is providing or has provided medical services to a person who has or has had a reportable tumor.
History: En. Sec. 4, Ch. 354, L. 1981; amd. Sec. 27, Ch. 632, L. 1987; amd. Sec. 3, Ch. 101, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-705. Tumor registry

50-15-705. Tumor registry.
The department shall maintain a registry containing the names of all persons reported to it and all other information submitted to the department concerning those persons pursuant to 50-15-703.
History: En. Sec. 5, Ch. 354, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-706. Rules

50-15-706. Rules.
The department may adopt rules implementing this part, including:
(1) the types of tumors that are reportable; and
(2) the information on each patient having a reportable tumor that must be submitted to the department.
History: En. Sec. 6, Ch. 354, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 15. Vital Statistics › Part 7. Tumor Registry › 50-15-710. Immunity from liability

50-15-710. Immunity from liability.
A person other than the department may not be held liable in a civil or criminal action for complying with the reporting requirements of 50-15-703 or for lawfully using information provided by the tumor registry in a manner that does not violate the Tumor Registry Act.
History: En. Sec. 4, Ch. 101, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 1. General Provisions › 50-16-101. Public officials and corporations to furnish information on request

50-16-101. Public officials and corporations to furnish information on request.
On request, employees and officers of firms and corporations and public officials shall furnish public health information to the department of public health and human services.
History: En. Sec. 14, Ch. 197, L. 1967; R.C.M. 1947, 69-4114; amd. Sec. 107, Ch. 418, L. 1995; amd. Sec. 284, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 1. General Provisions › 50-16-102. Information on infant morbidity and mortality

50-16-102. Information on infant morbidity and mortality.
(1) If information on infant morbidity and mortality will be used to reduce those problems, data relating to the condition and treatment of any person may be given to the department of public health and human services, Montana medical association, an allied society of the Montana medical association, a committee of a nationally organized medical society or research group, or an inhospital staff committee.
(2) A person who furnishes information under subsection (1) is immune from suit for damages arising from the release of the data or publication of findings and conclusions based on the data.
(3) Data supplied under subsection (1) may be used or published only for advancing medical research or medical education in the interest of reducing infant morbidity or mortality. A summary of studies based on the data may be released for general publication.
(4) The identity of a person whose condition or treatment was studied is confidential and may not be revealed under any circumstances.
(5) Any data supplied or studies based on this data are privileged communications and may not be used as evidence in any legal proceeding. Any attempt to use or offer to supply the data or studies, without consent of the person treated or the person's legal representative, is prejudicial error resulting in a mistrial.
History: En. Sec. 15, Ch. 197, L. 1967; R.C.M. 1947, 69-4115; amd. Sec. 108, Ch. 418, L. 1995; amd. Sec. 285, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 1. General Provisions › 50-16-103. Information on shaken baby syndrome -- program

50-16-103. Information on shaken baby syndrome -- program.
(1) There is a shaken baby syndrome education program established in the department.
(2) The department shall:
(a) develop educational materials that present readily comprehensible information on shaken baby syndrome; and
(b) post the materials on the department's website in an easily accessible format.
(3) The materials required to be produced by this section must be distributed at no cost to the recipients.
(4) For purposes of 50-16-104 and this section, the following definitions apply:
(a) "Child care facility" means a day-care center, day-care facility, family day-care home, or group day-care home as those terms are defined in 52-2-703.
(b) "Department" means the department of public health and human services provided for in 2-15-2201.
(c) "Hospital" means a hospital or rural emergency hospital, as those terms are defined in 50-5-101, that regularly provides maternity, pediatric, or obstetrical care.
(d) "Parent" means either parent, unless the parents are not married or are separated or divorced, in which case, the term means the custodial parent. The term also means a prospective adoptive parent or foster parent with whom the child is placed.
(e) "Shaken baby syndrome" means damage to the brain of an infant or young child, including but not limited to swelling that impedes the supply of oxygen to the brain or any degree of brain damage that results from the infant or young child having been forcefully shaken.
History: En. Sec. 1, Ch. 365, L. 2009; amd. Sec. 8, Ch. 602, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 1. General Provisions › 50-16-104. Information on shaken baby syndrome -- distribution

50-16-104. Information on shaken baby syndrome -- distribution.
A copy of the shaken baby syndrome educational materials developed under 50-16-103 must be distributed in the following manner:
(1) by childbirth educators and staff of pediatric physicians' offices and obstetricians' offices to an expectant parent who uses the services of the educators or physicians;
(2) by a hospital in which a child is born to the child's parent before the child is discharged from the facility;
(3) by service providers under the MIAMI project, provided for in 50-19-311, to a child's parent during visits conducted in accordance with that project;
(4) by each child-care facility operating in this state to each of its employees; and
(5) by groups or entities that offer classes for babysitters.
History: En. Sec. 2, Ch. 365, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 1. General Provisions › 50-16-108. Privacy in health care -- ownership of firearms

50-16-108. Privacy in health care -- ownership of firearms.
(1) No health care provider or health care facility may:
(a) refuse to provide health care to a person because the person declines to answer any questions concerning the person's ownership, possession, or use of firearms; or
(b) inquire about a person's ownership, possession, or use of firearms as a condition of receiving health care.
(2) For the purposes of this section:
(a) the terms "health care", "health care facility", and "health care provider" have the meanings provided in 50-16-504; and
(b) the term "possession" does not apply to the presence of a firearm on the person of a patient at the time of treatment.
History: En. Sec. 1, Ch. 231, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 2. Professional Review Committees › 50-16-201. Definitions

50-16-201. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. The term includes all subsequent evaluations and analysis of an untoward event, including any opinions or conclusions of a reviewer.
(b) The term does not include:
(i) incident reports or occurrence reports; or
(ii) health care information that is used in whole or in part to make decisions about an individual who is the subject of the health care information.
(2) "Health care facility" has the meaning provided in 50-5-101.
(3) (a) "Incident report" or "occurrence report" means a written business record of a health care facility that:
(i) may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and
(ii) is a factual rendition of the event.
(b) The terms do not include any subsequent evaluation of the event created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee, regardless of whether or not the subsequent evaluation of the event occurred in response to an incident report or occurrence report. The creation of an incident report or occurrence report is not a condition precedent for a subsequent evaluation of an event, and any subsequent evaluation of an event remains privileged and confidential pursuant to this part, regardless of the creation of an incident report or occurrence report.
(4) "Medical practitioner" means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203.
History: En. Sec. 4, Ch. 104, L. 1969; R.C.M. 1947, 69-6304; amd. Sec. 1, Ch. 359, L. 2001; amd. Sec. 5, Ch. 396, L. 2003; amd. Sec. 124, Ch. 467, L. 2005; amd. Sec. 25, Ch. 519, L. 2005; amd. Sec. 2, Ch. 265, L. 2013.