reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-303. Waiver of registration requirement for practitioners licensed by federal government

50-32-303. Waiver of registration requirement for practitioners licensed by federal government.
The board shall waive the requirement for registration of practitioners, other than pharmacies, who are registered or licensed by the federal government to dispense dangerous drugs.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-304. Waiver of registration requirement when in public interest

50-32-304. Waiver of registration requirement when in public interest.
The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-305. Separate registration required

50-32-305. Separate registration required.
A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses dangerous drugs.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(6).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-306. Criteria for registration of manufacturers and distributors

50-32-306. Criteria for registration of manufacturers and distributors.
(1) The board shall register an applicant to manufacture or distribute dangerous drugs included in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232 unless it determines that the issuance of that registration would be inconsistent with the public interest.
(2) In determining the public interest, the board shall consider the following factors:
(a) maintenance of effective controls against diversion of dangerous drugs into other than legitimate medical, scientific, or industrial channels;
(b) compliance with applicable state and local law;
(c) any convictions of the applicant under any federal and state laws relating to any dangerous drug;
(d) past experience in the manufacture or distribution of dangerous drugs and the existence in the applicant's establishment of effective controls against diversion;
(e) furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(f) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense dangerous drugs as authorized by federal law; and
(g) any other factors relevant to and consistent with the public health and safety.
(3) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.
History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(1), (4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-307. Manufacture and distribution limited by registration

50-32-307. Manufacture and distribution limited by registration.
Registration under 50-32-306 does not entitle a registrant to manufacture and distribute dangerous drugs in Schedule I or II other than those specified in the registration.
History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-308. Criteria for registration of practitioners

50-32-308. Criteria for registration of practitioners.
(1) Practitioners shall be registered to dispense any dangerous drugs or to conduct research with dangerous drugs in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The board need not require separate registration for practitioners engaging in research with nonnarcotic dangerous drugs in Schedules II through V where the registrant is already registered under this chapter in another capacity.
(2) Practitioners registered under federal law to conduct research with Schedule I drugs may conduct research with Schedule I drugs within this state upon furnishing the board evidence of that federal registration.
History: En. Sec. 17, Ch. 412, L. 1973; amd. Sec. 7, Ch. 350, L. 1974; R.C.M. 1947, 54-317(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-309. Registrants to maintain records and inventories

50-32-309. Registrants to maintain records and inventories.
Persons registered to manufacture, distribute, or dispense dangerous drugs under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the board issues.
History: En. Sec. 20, Ch. 412, L. 1973; R.C.M. 1947, 54-320.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-310. Inspections authorized

50-32-310. Inspections authorized.
The board may have the establishment of a registrant or applicant for registration inspected.
History: En. Sec. 16, Ch. 412, L. 1973; amd. Sec. 6, Ch. 350, L. 1974; amd. Sec. 1, Ch. 291, L. 1975; R.C.M. 1947, 54-316(7).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-311. Revocation or suspension of registration

50-32-311. Revocation or suspension of registration.
(1) A registration under 50-32-301 to manufacture, distribute, or dispense a dangerous drug may be suspended or revoked by the board upon a finding that the registrant has:
(a) furnished false or fraudulent material information in any application filed under this chapter;
(b) been convicted of a felony under any state or federal law relating to any dangerous drug or controlled substance; or
(c) had the registrant's federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances.
(2) The board may limit revocation or suspension of a registration to the particular dangerous drug with respect to which grounds for revocation or suspension exist.
(3) If the board suspends or revokes a registration, all dangerous drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. A disposition may not be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs may be forfeited to the state.
(4) The board shall promptly cause the bureau to be notified of all orders suspending or revoking registration and all forfeitures of dangerous drugs.
History: En. Sec. 18, Ch. 412, L. 1973; amd. Sec. 8, Ch. 350, L. 1974; R.C.M. 1947, 54-318; amd. Sec. 1847, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-312. Procedure for denial, suspension, revocation of, or refusal to renew registration

50-32-312. Procedure for denial, suspension, revocation of, or refusal to renew registration.
(1) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall require the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration, the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.
(2) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under 50-32-311 or whenever renewal of registration is refused if it finds that there is an imminent danger to the public health or safety which warrants such action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
History: En. Sec. 19, Ch. 412, L. 1973; amd. Sec. 9, Ch. 350, L. 1974; amd. Sec. 7, Ch. 187, L. 1977; R.C.M. 1947, 54-319.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-313. Practitioner's failure to register a misdemeanor

50-32-313. Practitioner's failure to register a misdemeanor.
Practitioners who fail or refuse to register as required by this chapter shall be guilty of a misdemeanor and upon conviction therefor may be fined not to exceed $1,000, imprisoned in the county jail not to exceed 1 year, or both.
History: En. Sec. 29, Ch. 412, L. 1973; R.C.M. 1947, 54-327.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 3. Annual Registration › 50-32-314. Board to adopt rules for registration of outpatient center for surgical services

50-32-314. Board to adopt rules for registration of outpatient center for surgical services.
(1) The board shall adopt rules to provide for the registration of any outpatient center for surgical services pursuant to this part. The rules must categorize the outpatient center for surgical services as a "distributor" pursuant to 50-32-101(13) or other category of registrant as determined by the board.
(2) If the board determines that an outpatient center for surgical services requires the services of a pharmacist in order to be registered, the board shall allow that center to use the services of a consulting pharmacist to satisfy the obligation imposed by the board.
(3) This section does not affect any existing registration requirement pursuant to this part for persons providing dangerous drugs to an outpatient center for surgical services or persons administering dangerous drugs within or as the result of procedures performed at an outpatient center for surgical services.
History: En. Sec. 1, Ch. 273, L. 1999; amd. Sec. 42, Ch. 502, L. 2007; amd. Sec. 11, Ch. 135, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 4. Transfer of Precursors to Controlled Substances › 50-32-401. Report required for precursor to controlled substance

50-32-401. Report required for precursor to controlled substance.
(1) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to a person in this state shall submit a report to the department of justice detailing all transactions:
(a) phenyl-2-propanone;
(b) methylamine;
(c) d-lysergic acid;
(d) ergotamine tartrate;
(e) diethyl malonate;
(f) malonic acid;
(g) ethyl malonate;
(h) barbituric acid; and
(i) piperidine.
(2) The department of justice may adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act that add or delete substances on the list of regulated substances in subsection (1) if the substance is a precursor to a dangerous drug as defined in 50-32-101.
(3) This section does not apply to any of the following:
(a) a pharmacist, veterinary dispensing technician, or other authorized person who sells or furnishes the substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;
(b) a physician, dentist, podiatrist, or veterinarian who administers or furnishes the substance to patients;
(c) a manufacturer or wholesaler licensed by the board of pharmacy who sells, transfers, or otherwise furnishes the substance to a licensed pharmacist, physician, dentist, podiatrist, or veterinarian;
(d) transfers of the substances listed in subsection (1) within any college or university to an employee or student of the college or university for the purpose of teaching or research authorized by the college or university.
History: En. Sec. 1, Ch. 227, L. 1979; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 1848, Ch. 56, L. 2009; amd. Sec. 10, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 4. Transfer of Precursors to Controlled Substances › 50-32-402. Reports required -- exceptions

50-32-402. Reports required -- exceptions.
(1) Except as provided in subsection (2), a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance regulated pursuant to 50-32-401 to a person in this state must, within 72 hours, submit a report of the transaction to the department of justice.
(2) The department may authorize the submission of the reports on a monthly basis for repeated, regular transactions between the furnisher and the recipient involving the same substance, if the department determines:
(a) a pattern of regular supply of the substance exists as between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance and the recipient of the substance; and
(b) the recipient has established a record of use of the substance for lawful purposes.
History: En. Sec. 2, Ch. 227, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 4. Transfer of Precursors to Controlled Substances › 50-32-403. Common reporting form

50-32-403. Common reporting form.
(1) The department of justice must provide a common reporting form for the report required under 50-32-401.
(2) The form must contain the following information:
(a) name of the substance;
(b) quantity of the substance sold, transferred, or furnished;
(c) the date the substance was sold, transferred, or furnished;
(d) the name and address of the person buying or receiving the substance; and
(e) the name and address of the manufacturer, wholesaler, or retailer.
History: En. Sec. 3, Ch. 227, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 4. Transfer of Precursors to Controlled Substances › 50-32-404. Loss, theft, or other discrepancy to be reported

50-32-404. Loss, theft, or other discrepancy to be reported.
(1) The theft or loss of a substance regulated in accordance with 50-32-401 must be reported to the department of justice within 3 days after the theft or loss is discovered.
(2) Any difference between the quantity received of any substance regulated as provided in 50-32-401 and the quantity shipped must be reported to the department of justice within 3 days of the discovery of the discrepancy.
(3) A report made pursuant to this section shall also include the name of the common carrier or person who transported the substance and the date of shipment.
History: En. Sec. 4, Ch. 227, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 4. Transfer of Precursors to Controlled Substances › 50-32-405. Violation -- penalties

50-32-405. Violation -- penalties.
(1) A person commits the offense of failure to report distribution of a precursor to a controlled substance if the person purposely or knowingly fails to report the sale, transfer, or other furnishing of a substance regulated by 50-32-401.
(2) A person convicted of failing to report the distribution of a precursor to a controlled substance shall be fined not more than $10,000 or be imprisoned in the state prison for not more than 10 years, or both.
History: En. Sec. 5, Ch. 227, L. 1979; amd. Sec. 20, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 5. Regulation of Ephedrine and Pseudoephedrine › 50-32-501. Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties

50-32-501. Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties
. (1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams within any 30-day period or more than 3.6 grams per day of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, any of their salts or optical isomers, or salts of their optical isomers.
(2) This section does not apply to any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription or as provided in 50-32-502.
(3) Possession of more than 9 grams of a drug product containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.
(4) The rebuttable presumption in subsection (3) does not apply to:
(a) a retail distributor of drug products;
(b) a wholesale drug distributor, or its agents, licensed by the board of pharmacy;
(c) a manufacturer of drug products or its agents;
(d) a pharmacist licensed by the board of pharmacy; or
(e) a licensed health care professional possessing the drug products in the course of carrying out the profession.
(5) A person who knowingly or negligently violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 1 year.
History: En. Sec. 1, Ch. 572, L. 2005; amd. Sec. 1, Ch. 251, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-602. Purpose

50-32-602. Purpose.
The purposes of this part are to:
(1) save the lives of persons who have experienced an opioid-related drug overdose by providing the broadest possible access to lifesaving opioid antagonist medication;
(2) facilitate the availability and use of opioid antagonist medication by providing professional, civil, and criminal immunity to persons who prescribe, dispense, distribute, or administer an opioid antagonist; and
(3) encourage persons to seek medical treatment in an opioid-related drug overdose situation by providing immunity from prosecution for certain criminal offenses for persons who seek or receive the medical treatment.
History: En. Sec. 2, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-604. Statewide standing orders for opioid antagonist

50-32-604. Statewide standing orders for opioid antagonist.
(1) The state medical officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients.
(2) A standing order must specify, at a minimum:
(a) the opioid antagonist formulations and means of administration that are approved for dispensing;
(b) the eligible recipients to whom the opioid antagonist may be dispensed;
(c) any training that is required for an eligible recipient to whom the opioid antagonist is dispensed;
(d) the circumstances under which an eligible recipient may distribute or administer the opioid antagonist; and
(e) the timeline for renewing and updating the standing order.
History: En. Sec. 4, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-605. Prescribing and dispensing authority for opioid antagonist

50-32-605. Prescribing and dispensing authority for opioid antagonist.
A medical practitioner may prescribe, directly, by a standing order, or by a collaborative practice agreement, or dispense, as permitted under 37-2-104, an opioid antagonist to an eligible recipient. The medical practitioner shall document the reasons for which the opioid antagonist was prescribed or dispensed.
History: En. Sec. 5, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-606. Designation of patient -- instruction

50-32-606. Designation of patient -- instruction.
(1) A prescription issued pursuant to 50-32-604 or 50-32-605 must designate the eligible recipient as the patient, regardless of the eligible recipient's status as an individual, organization, agency, or other entity. Except as provided in 50-32-605, the prescription must be dispensed by a licensed pharmacy.
(2) A licensed pharmacy or medical practitioner dispensing an opioid antagonist shall provide the patient with basic instruction and information, the content of which must be developed by the department and made publicly available on the department's website, concerning recognition of the signs and symptoms of an opioid-related drug overdose, indications for the administration of an opioid antagonist, administration technique, and the need for immediate and long-term followup to the administration of the opioid antagonist, including calling 9-1-1.
(3) An eligible recipient described in 50-32-603(5)(c) through (5)(i) who distributes an opioid antagonist pursuant to 50-32-607 shall:
(a) fulfill the basic instruction and information requirements set forth in subsection (2); and
(b) develop protocol for:
(i) instructing and training the eligible recipient's employees or other authorized personnel that is consistent with the instruction and information developed by the department under subsection (2); and
(ii) the storage, maintenance, and location of the opioid antagonist.
History: En. Sec. 6, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-607. Authorization for possession and administration of opioid antagonist -- reporting

50-32-607. Authorization for possession and administration of opioid antagonist -- reporting.
(1) An eligible recipient to whom an opioid antagonist is prescribed, dispensed, or distributed pursuant to 50-32-604 through 50-32-606 and who has received the instruction and information provided for in 50-32-606 may do any of the following:
(a) possess and store the opioid antagonist. The storage of an opioid antagonist is not subject to pharmacy practice laws or other requirements that apply to the storage of drugs or medications.
(b) in good faith, administer or direct another person to administer the opioid antagonist to a person who is experiencing an actual or reasonably perceived opioid-related drug overdose; or
(c) distribute the opioid antagonist to a person who is an eligible recipient under 50-32-603(5)(a) or (5)(b).
(2) An eligible recipient to whom an opioid antagonist is dispensed pursuant to 50-32-604 through 50-32-606 shall report, if required by the department, information regarding the dispensing, distribution, and administration of the opioid antagonist.
History: En. Sec. 7, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-608. Professional conduct -- immunity

50-32-608. Professional conduct -- immunity.
(1) A prescription issued pursuant to 50-32-604 or 50-32-605 is considered to have been issued for a legitimate medical purpose in the usual course of a professional practice.
(2) Except for injury or damages arising from gross negligence, willful or wanton misconduct, or an intentional tort:
(a) a medical practitioner or licensed pharmacist may not be subject to disciplinary action or civil or criminal liability for injury resulting from the prescribing or dispensing of an opioid antagonist pursuant to 50-32-604 through 50-32-606 to an eligible recipient; and
(b) an eligible recipient may not be subject to disciplinary action or civil or criminal liability for injury resulting from distributing an opioid antagonist pursuant to 50-32-606 and 50-32-607.
(3) A medical practitioner, eligible recipient, emergency care provider, or other person is not liable and may not be subject to disciplinary action as a result of any injury arising from the administration of an opioid antagonist to another person whom the medical practitioner, eligible recipient, emergency care provider, or other person believes in good faith to be suffering from an opioid-related drug overdose, unless the injury arises from an act or omission that is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
(4) The provisions of 50-32-601 through 50-32-607 do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, distribute, or administer an opioid antagonist.
History: En. Sec. 8, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-609. Good Samaritan protections

50-32-609. Good Samaritan protections.
(1) The provisions of 45-5-626, 45-9-102, 45-9-107, and 45-10-103 do not apply to:
(a) a person who, acting in good faith, seeks medical assistance for another person who is experiencing an actual or reasonably perceived drug-related overdose if the evidence supporting an arrest, charge, or prosecution was obtained as a result of the person's seeking medical assistance for another person; or
(b) a person who experiences a drug-related overdose and is in need of medical assistance if the evidence supporting an arrest, charge, or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.
(2) The provisions of 45-9-102, 45-9-107, and 45-10-103 do not apply to a pregnant woman seeking or receiving evaluation, treatment, or support services for a substance use disorder.
(3) The provisions of 45-5-601(2)(a) do not apply to a person reporting a crime under 45-5-502 or 45-5-503.
(4) A person's pretrial release, probation, furlough, supervised release, or parole may not be revoked based on an incident for which the person would be immune from arrest, charge, or prosecution under this section.
(5) A person's act of providing first aid or other medical assistance to a person who is experiencing an actual or reasonably perceived drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under this section.
(6) This section may not be construed to:
(a) bar the admissibility of evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualified for limited immunity under this section;
(b) limit, modify, or remove immunity from liability currently available to public entities, public employees, or prosecutors or by law; or
(c) create a new cause of action or other source of criminal liability for a pregnant woman with a substance use disorder who does not seek or receive evaluation, treatment, or support services for a substance use disorder.
History: En. Sec. 9, Ch. 253, L. 2017; amd. Sec. 1, Ch. 265, L. 2019; amd. Sec. 1, Ch. 363, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-610. Grants

50-32-610. Grants.
The department may apply for and award grants to further the purposes outlined in 50-32-601 through 50-32-607.
History: En. Sec. 10, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 32. Controlled Substances › Part 6. Help Save Lives From Overdose Act › 50-32-611. Rulemaking

50-32-611. Rulemaking.
The department may adopt rules regarding opioid antagonist instruction, training, and reporting, as provided for in 50-32-606 and 50-32-607.
History: En. Sec. 11, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 33. Blood and Blood Products › Part 1. General Provisions › 50-33-101. Labeling of containers by blood banks required

50-33-101. Labeling of containers by blood banks required.
Each container or package containing any whole blood, plasma, blood products, or blood derivatives sold by a blood bank shall have plainly stamped or printed thereon the fact that the product therein was tested as required in 50-33-104, giving the date of the test and such information as is necessary to designate the type of test made.
History: En. Sec. 3, Ch. 284, L. 1971; R.C.M. 1947, 69-2205.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 33. Blood and Blood Products › Part 1. General Provisions › 50-33-102. Furnishing of blood, blood products, and human tissue, organs, or bones declared service and not sale

50-33-102. Furnishing of blood, blood products, and human tissue, organs, or bones declared service and not sale.
The furnishing of and the injecting, transfusing, transplanting, or transferring into the human body of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones by a hospital, long-term care facility, or doctor of any such substances obtained from any source which said hospital, long-term care facility, or doctor is not directly or indirectly financially interested in or has any control over is hereby declared not to be a sale of such whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones for any purpose.
History: En. Sec. 1, Ch. 284, L. 1971; amd. Sec. 1, Ch. 76, L. 1975; R.C.M. 1947, 69-2203(part); amd. Sec. 1, Ch. 401, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 33. Blood and Blood Products › Part 1. General Provisions › 50-33-103. Immunity of physicians and hospitals

50-33-103. Immunity of physicians and hospitals.
No physician, long-term care facility, or hospital may be held liable, in the absence of fault or negligence on the part of such a hospital, long-term care facility, or doctor, for injuries resulting from the furnishing or performing of such services.
History: En. Sec. 1, Ch. 284, L. 1971; amd. Sec. 1, Ch. 76, L. 1975; R.C.M. 1947, 69-2203(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 33. Blood and Blood Products › Part 1. General Provisions › 50-33-104. Immunity of blood banks and tissue banks

50-33-104. Immunity of blood banks and tissue banks.
No blood bank or tissue bank may be held liable in the absence of fault or negligence for injuries resulting from the injecting, transfusing, transplanting, or transferring of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones supplied by any such blood bank or tissue bank to any hospital or physician if such blood products or tissue products have been tested by the latest testing procedures in accordance with recommendations of the American association of blood banks or the American association of tissue banks and by such test are not found to be dangerous to the health of the recipient of such blood products or tissue products.
History: En. Sec. 2, Ch. 284, L. 1971; R.C.M. 1947, 69-2204; amd. Sec. 2, Ch. 401, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-101. Repealed

50-34-101. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 1, Ch. 274, L. 1971; amd. Sec. 5, Ch. 349, L. 1974; R.C.M. 1947, 27-801.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-102. Repealed

50-34-102. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-103. Repealed

50-34-103. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(4), (5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-104. Repealed

50-34-104. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(6).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-105. Repealed

50-34-105. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 2, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-802(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-106. Repealed

50-34-106. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 2, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-802(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-107. Repealed

50-34-107. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 3, Ch. 274, L. 1971; R.C.M. 1947, 27-803(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-108. Repealed

50-34-108. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: (1)En. Sec. 3, Ch. 274, L. 1971; Sec. 27-803, R.C.M. 1947; (2)En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; Sec. 27-804, R.C.M. 1947; R.C.M. 1947, 27-803(part), 27-804(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-109. Repealed

50-34-109. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 4, Ch. 274, L. 1971; amd. Sec. 6, Ch. 349, L. 1974; R.C.M. 1947, 27-804(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 34. Flour and Bread (Repealed) › Part 1. General Provisions (Repealed) › 50-34-110. Repealed

50-34-110. Repealed.
Sec. 1, Ch. 182, L. 1995.
History: En. Sec. 5, Ch. 274, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 4, Ch. 187, L. 1977; R.C.M. 1947, 27-805.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 35. Imported Meats (Repealed) › Part 1. General Provisions (Repealed) › 50-35-101. Repealed

50-35-101. Repealed.
Sec. 1, Ch. 136, L. 1981.
History: En. 27-320 by Sec. 3, Ch. 415, L. 1975; R.C.M. 1947, 27-320.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 35. Imported Meats (Repealed) › Part 1. General Provisions (Repealed) › 50-35-102. Repealed

50-35-102. Repealed.
Sec. 1, Ch. 136, L. 1981.
History: En. 27-318 by Sec. 1, Ch. 415, L. 1975; R.C.M. 1947, 27-318(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 35. Imported Meats (Repealed) › Part 1. General Provisions (Repealed) › 50-35-103. Repealed

50-35-103. Repealed.
Sec. 1, Ch. 136, L. 1981.
History: En. 27-318 by Sec. 1, Ch. 415, L. 1975; R.C.M. 1947, 27-318(part); amd. Sec. 1, Ch. 278, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 35. Imported Meats (Repealed) › Part 1. General Provisions (Repealed) › 50-35-104. Repealed

50-35-104. Repealed.
Sec. 1, Ch. 136, L. 1981.
History: En. 27-319 by Sec. 2, Ch. 415, L. 1975; R.C.M. 1947, 27-319; amd. Sec. 2, Ch. 278, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 35. Imported Meats (Repealed) › Part 1. General Provisions (Repealed) › 50-35-105. Repealed

50-35-105. Repealed.
Sec. 1, Ch. 136, L. 1981.
History: En. Sec. 3, Ch. 278, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-101. Repealed

50-36-101. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: (1)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (2)En. Sec. 114, Ch. 197, L. 1967; Sec. 69-4701, R.C.M. 1947; R.C.M. 1947, 69-4102(2), 69-4701.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-102. Repealed

50-36-102. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 117, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4704.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-103. Repealed

50-36-103. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 118, Ch. 197, L. 1967; amd. Secs. 107 and 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4705.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-104. Repealed

50-36-104. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 115, Ch. 197, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; R.C.M. 1947, 69-4702.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-105. Repealed

50-36-105. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 116, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4703.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-106. Repealed

50-36-106. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 119, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-4706.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 36. Mattresses -- Shoddy Control (Repealed) › Part 1. General Provisions (Repealed) › 50-36-107. Repealed

50-36-107. Repealed.
Sec. 1, Ch. 181, L. 1995.
History: En. Sec. 120, Ch. 197, L. 1967; R.C.M. 1947, 69-4707.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-101. Fireworks defined

50-37-101. Fireworks defined.
The term "fireworks" means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.
History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-102. Where chapter not to apply

50-37-102. Where chapter not to apply.
(1) Nothing in this chapter shall be construed to prohibit the sale of any kind of fireworks to a person holding a permit issued under 50-37-107 at the display covered by such permits, the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States armed forces.
(2) This chapter does not apply to toy paper caps containing less than one-fourth of a grain of explosive composition per cap, to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, to the military or naval forces of the United States or this state, to peace officers, or to the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.
(3) Nothing in this chapter authorizes the sale of fireworks in a city or town that has banned the sale of fireworks within the city or town as authorized in 7-33-4206.
History: (1)En. Sec. 5, Ch. 143, L. 1947; amd. Sec. 3, Ch. 273, L. 1959; Sec. 69-2704, R.C.M. 1947; (2)En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; Sec. 69-2701, R.C.M. 1947; R.C.M. 1947, 69-2701(part), 69-2704; amd. Sec. 16, Ch. 37, L. 1979; amd. Sec. 4, Ch. 140, L. 1985; amd. Sec. 1, Ch. 410, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-103. Unlawful sale, transportation, or use of fireworks

50-37-103. Unlawful sale, transportation, or use of fireworks.
(1) It is unlawful to possess, sell, transport, or use any fireworks within the state except as provided in this chapter.
(2) It is unlawful for an individual under the age of 18 to possess for sale, sell, or offer for sale within the state permissible fireworks enumerated in 50-37-105.
(3) It is unlawful for a wholesaler to sell or offer for sale within the state fireworks without a current fireworks wholesaler permit or in violation of 50-37-105. It is lawful for a wholesaler, however, to transport fireworks within Montana for sale outside of the state.
(4) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 by mail order solicitation.
(5) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 within 300 feet of a hospital or church.
(6) It is unlawful for an individual, firm, partnership, or corporation to discharge or cause to be discharged any pyrotechnics, fireworks as defined in 50-37-101, or permissible fireworks as enumerated in 50-37-105:
(a) within the exterior boundaries of a state forest, state park, or state recreation area;
(b) within 100 feet of a fireworks retail sales location;
(c) from, inside, or toward a motor vehicle; or
(d) in the vicinity of another person or group of people or any animal in a manner likely to expose them to the risk of injury.
History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(1), (5), (6), (8); amd. Sec. 1, Ch. 598, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-104. Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit

50-37-104. Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit.
(1) Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least 4 inches in height where customers are most likely to read it.
(2) Before a fireworks wholesaler may lawfully possess for sale, offer for sale, or sell within the state the permissible fireworks enumerated in 50-37-105, the wholesaler shall obtain a fireworks wholesaler permit from the department of labor and industry.
(3) A person making application for a fireworks wholesaler permit shall:
(a) pay an application fee to the department of labor and industry, which must be set by the department of labor and industry commensurate with costs; and
(b) furnish proof under oath, on a form provided by the department, that person:
(i) is at least 18 years of age;
(ii) is of good moral character; and
(iii) has not been convicted of a crime involving the use, possession, or sale of fireworks.
(4) The department of labor and industry shall adopt rules implementing this section.
History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(3); amd. Sec. 2, Ch. 598, L. 1985; amd. Sec. 159, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-105. Permissible fireworks

50-37-105. Permissible fireworks.
Permissible fireworks include and are limited to those that meet the definition of consumer fireworks as provided in 27 CFR 555.11 and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in 16 CFR, parts 1500 and 1507.
History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(4); amd. Sec. 3, Ch. 598, L. 1985; amd. Sec. 1, Ch. 68, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 37. Fireworks › Part 1. General Provisions › 50-37-106. Sale of fireworks restricted to certain dates

50-37-106. Sale of fireworks restricted to certain dates.
A person, firm, or corporation may offer permissible fireworks, as defined in 50-37-105, of any kind for sale at retail only during the following periods:
(1) June 24 through July 5; and
(2) December 29 through December 31.
History: En. Sec. 2, Ch. 143, L. 1947; amd. Sec. 1, Ch. 136, L. 1957; amd. Sec. 1, Ch. 273, L. 1959; amd. Sec. 1, Ch. 107, L. 1961; amd. Sec. 14, Ch. 423, L. 1971; amd. Sec. 1, Ch. 79, L. 1974; amd. Sec. 17, Ch. 187, L. 1977; R.C.M. 1947, 69-2701(7); amd. Sec. 1, Ch. 284, L. 1999; amd. Sec. 1, Ch. 182, L. 2001; amd. Sec. 1, Ch. 108, L. 2003.