reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination

50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination.
(1) An attending health care provider may designate another willing physician or advanced practice registered nurse to make health care treatment decisions as a patient's proxy decisionmaker if:
(a) after making reasonable efforts, the attending health care provider or the provider's designee is unable to locate any persons with authority to make medical decisions for the patient or no interested person with authority to make medical decisions for the patient is willing and able to serve as lay proxy decisionmaker;
(b) the attending health care provider has determined, with the assistance of any relevant specialists or interpreters, the patient's lack of decisional capacity;
(c) the attending health care provider's assessment of lack of decisional capacity has been confirmed by another health care provider;
(d) the attending health care provider or the provider's designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and
(e) the identity of the physician or advanced practice registered nurse designated as proxy decisionmaker is documented in the medical record.
(2) For the purposes of subsection (1)(d), if the health care facility does not have a medical ethics committee, the facility may refer the attending health care provider or the provider's designee to a medical ethics committee at another health care facility or obtain consensus with the health care facility's chaplain.
(3) The authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker terminates when:
(a) an interested person is willing to serve as a lay proxy decisionmaker;
(b) a family member is willing to serve as a decisionmaker;
(c) a guardian is appointed for the patient;
(d) the patient regains decisional capacity;
(e) the proxy decisionmaker decides to terminate the decisionmaker's role; or
(f) the patient is transferred or discharged from the health care facility, if any, where the patient is receiving care unless the proxy decisionmaker expresses an intention to continue in the role.
(4) The attending health care provider shall document in the patient's medical record the reason for termination of the authority of a physician or advanced practice registered nurse serving as a proxy decisionmaker.
History: En. Sec. 4, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers

50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers.
(1) The attending health care provider and a health care provider appointed pursuant to 50-5-1304 to serve as a medical proxy decisionmaker shall adhere to the following guidelines for proxy decisionmaking:
(a) for routine treatments and procedures that are low-risk and within broadly accepted standards of medical practice, the attending health care provider may make health care treatment decisions;
(b) for treatment involving anesthesia, invasive procedures, significant risk of complications, or otherwise requiring written, informed consent, the attending health care provider shall obtain the written consent of the medical proxy decisionmaker;
(c) for end-of-life treatment that is nonbeneficial and involves withholding or withdrawing specific medical treatments, the attending health care provider shall obtain:
(i) an independent concurring opinion from a physician or advanced practice registered nurse other than the medical proxy decisionmaker;
(ii) a consensus with the medical ethics committee, if available; and
(iii) a consensus with the health care facility's chaplain if a medical ethics committee is not available.
(2) Artificial nourishment and hydration may be withheld or withdrawn from a patient upon a decision of a physician or advanced practice registered nurse serving as a medical proxy decisionmaker only when the attending health care provider and an independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration cannot reasonably be expected to prolong life, would be excessively burdensome for the patient, or would cause the patient significant physical discomfort, such as from complications from the procedures used.
(3) (a) Nothing in this part may be construed as condoning, authorizing, or approving euthanasia or mercy killing.
(b) Nothing in this part may be construed as permitting an affirmative or deliberate act to end a person's life except to permit natural death.
(4) When a lay or medical proxy decisionmaker has not been appointed and the attending health care provider determines that a patient requires end-of-life treatment that includes artificial nourishment and hydration, before a lay or medical proxy decisionmaker may be appointed the attending health care provider or health care facility shall petition the court to have a temporary guardian appointed as provided in 72-5-317. If the petition to have a temporary guardian appointed is not timely or successful considering the exigencies of the situation, a lay or medical proxy decisionmaker may be appointed.
History: En. Sec. 5, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment

50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment.
The medical ethics committee of a health care facility shall assist a lay or medical proxy decisionmaker upon request if the lay or medical proxy decisionmaker is considering or has made a decision to withhold or withdraw medical treatment. If the health care facility treating the patient does not have a medical ethics committee, the facility may provide an outside referral for assistance or consultation.
History: En. Sec. 6, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker

50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker.
The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care provider, or the lay or medical proxy decisionmaker believes the patient has regained decisional capacity. The attending health care provider shall enter the determination and the basis for the determination into the patient's medical record and shall notify the patient, the lay or medical proxy decisionmaker, and the person who requested the redetermination of decisional capacity, if the request was made by someone other than the patient or proxy decisionmaker.
History: En. Sec. 7, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1308. Immunity

50-5-1308. Immunity.
(1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person.
(2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part.
(3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named.
(4) The immunity provided by this section does not apply to:
(a) a health care facility that is owned or operated by the state or a political subdivision of the state;
(b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or
(c) health care providers who are employed by the state or a political subdivision of the state.
History: En. Sec. 8, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 14. Patient Visitation Rights › 50-5-1402. Legislative intent

50-5-1402. Legislative intent.
It is the intent of the legislature that:
(1) preservation of relationships between a patient and the patient's family members and associates is essential to the health and well-being of the patient; and
(2) a patient's need for visitation is a right that may not be superseded by other government objectives, except as provided in 50-5-1404.
History: En. Sec. 2, Ch. 406, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 14. Patient Visitation Rights › 50-5-1403. Definitions

50-5-1403. Definitions.
As used in this part, the following definitions apply:
(1) "Care facility" means a hospice, hospital, or long-term care facility.
(2) "Hospice" has the meaning provided in 50-5-101.
(3) "Hospital" means a hospital or critical access hospital as those terms are defined in 50-5-101.
(4) "Long-term care facility" has the meaning provided in 50-5-101.
(5) "Patient" means an individual receiving services from a care facility.
History: En. Sec. 3, Ch. 406, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 14. Patient Visitation Rights › 50-5-1404. Patient visitation rights

50-5-1404. Patient visitation rights.
(1) A patient has a right to a minimum of 2 hours of in-person visitation a day, which, subject to clinical and safety restrictions, may not be limited to one visitor a day, restricted, terminated, suspended, or waived by a care facility, the department of public health and human services, or the governor, including during a state of emergency or disaster declared by the governor.
(2) A care facility may not:
(a) require a patient to waive the visitation rights specified in this section; or
(b) subject to 49-2-312 and 49-2-313, impose a restriction on visitation based on a visitor's vaccination status or require a visitor to receive a vaccination.
(3) A care facility may, consistent with the precautions required to be taken by staff and other personnel:
(a) require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;
(b) restrict a visitor who does not pass health screening requirements;
(c) require a visitor to adhere to infection control procedures, including wearing personal protective equipment; and
(d) limit the number of persons in a room at one time pursuant to occupancy laws.
(4) A care facility shall post in a conspicuous place on the premises of the care facility informational materials developed by the department of public health and human services explaining the rights specified in this section.
History: En. Sec. 4, Ch. 406, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 1. Development of Program › 50-6-101. Legislative purpose

50-6-101. Legislative purpose.
(1) The public welfare requires the providing of assistance and encouragement for the development of an emergency care system for Montanans who each year are dying and suffering permanent disabilities needlessly because of inadequate medical services. The repeated loss of persons who die unnecessarily because necessary life-support personnel and equipment are not available to victims of accidents and sudden illness is a tragedy that can and must be eliminated.
(2) Community-integrated health care is necessary to improve the health of Montana citizens, to prevent illness and injury, to reduce the incidence of emergency calls and hospital emergency department visits made for the purpose of obtaining nonemergency, nonurgent medical care or services, and to provide community outreach, health education, and referral services within communities.
(3) The development of an emergency medical services program and community-integrated health care is in the interest of the social well-being and health and safety of the state and all of its people who require emergency and community-integrated medical care.
History: En. 69-7001 by Sec. 1, Ch. 311, L. 1974; R.C.M. 1947, 69-7001; amd. Sec. 14, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 1. Development of Program › 50-6-102. Department to establish and administer program

50-6-102. Department to establish and administer program.
The department of public health and human services shall establish and administer an emergency medical services program.
History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 95, Ch. 418, L. 1995; amd. Sec. 260, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 1. Development of Program › 50-6-103. Powers of department

50-6-103. Powers of department.
(1) The department of public health and human services is authorized to confer and cooperate with any other persons, organizations, and governmental agencies that have an interest in the emergency medical services program and community-integrated health care.
(2) The department is authorized to accept, receive, expend, and administer any funds that are now available or that may be donated, granted, or appropriated to the department.
(3) The department may, after consultation with the trauma care committee, the Montana committee on trauma of the American college of surgeons, the Montana hospital association, and the Montana medical association, adopt rules necessary to implement part 4 of this chapter.
(4) The department shall continually assess and, as needed, revise the functions and components that it regulates to improve the quality of emergency medical services and to ensure that the emergency medical services program adapts to the changing community-integrated health care needs of the citizens of Montana.
(5) The department shall collaborate with other components of the health care system to fully integrate the emergency medical services program into the overall health care system.
(6) As part of the collaboration under subsection (5), the department shall provide guidance to ambulance services and nontransporting medical units regarding their choice whether or not to engage in community-integrated health care beyond offering emergency medical services.
History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 96, Ch. 418, L. 1995; amd. Sec. 261, Ch. 546, L. 1995; amd. Sec. 11, Ch. 579, L. 1995; amd. Sec. 3, Ch. 171, L. 1997; amd. Sec. 15, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 1. Development of Program › 50-6-104. Interdepartmental cooperation required

50-6-104. Interdepartmental cooperation required.
The department of public health and human services, the board of medical examiners, and other interested departments or divisions shall develop in writing a mutually agreeable plan of cooperation so that governmental efforts are not duplicated and governmental resources are applied on a reasonable priority basis.
History: En. 69-7002 by Sec. 2, Ch. 311, L. 1974; amd. Sec. 38, Ch. 213, L. 1975; R.C.M. 1947, 69-7002(part); amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 97, Ch. 418, L. 1995; amd. Sec. 262, Ch. 546, L. 1995; amd. Sec. 1, Ch. 150, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 1. Development of Program › 50-6-105. Medical care standards -- review process

50-6-105. Medical care standards -- review process.
(1) The board of medical examiners shall establish patient care standards for:
(a) out-of-hospital emergency medical treatment and interfacility transportation; and
(b) community-integrated health care.
(2) (a) Complaints involving out-of-hospital care, interfacility care, community-integrated health care, patient care within a health care facility, or the operation of an emergency medical service, as defined in 50-6-302, must be filed with the board and reviewed by a screening panel pursuant to 37-1-307.
(b) If a complaint is initially filed with the department of public health and human services, the department shall refer the complaint to the board for review by a screening panel.
(3) (a) When a complaint involves the operation or condition of an emergency medical service, the screening panel shall refer the complaint to the department for investigation as provided in 50-6-323.
(b) When a complaint involves patient care provided by an emergency care provider, the screening panel shall:
(i) refer the complaint to the board for investigation as provided in 37-1-308 and 50-6-203; and
(ii) forward to the department the complaint and the results of the screening panel's initial review as soon as the review is completed.
(c) When a complaint involves a combination of patient care and emergency medical service matters, the screening panel shall refer the complaint to both the department and the board for matters that fall within the jurisdiction of each entity.
(4) For a complaint involving patient care, the board shall:
(a) immediately share with the department any information indicating:
(i) a potential violation of department rules; or
(ii) that the existing policies or practices of an emergency medical service may be jeopardizing patient care; and
(b) notify the department when:
(i) a sanction is imposed on an emergency care provider; or
(ii) the complaint is resolved.
(5) For a complaint involving an emergency medical service, the department shall:
(a) immediately share with the board any information indicating:
(i) a potential violation of board rules; or
(ii) that the practices of an emergency care provider may be jeopardizing patient care; and
(b) notify the board when:
(i) a sanction is imposed on an emergency medical service; or
(ii) the complaint is resolved.
History: En. Sec. 2, Ch. 150, L. 2009; amd. Sec. 16, Ch. 220, L. 2019; amd. Sec. 2, Ch. 294, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-201. Legislative findings -- duty of board

50-6-201. Legislative findings -- duty of board.
(1) The legislature finds and declares that a program for emergency care providers is required in order to provide the safest and most efficient delivery of emergency and community-integrated health care.
(2) The legislature further finds that prompt and efficient emergency medical care of the sick and injured at the scene and during transport to a health care facility is important in reducing the mortality and morbidity rate during the first critical minutes immediately after an accident or the onset of an emergent condition.
(3) The legislature further finds that emergency care providers can help fill gaps in the state's health care system, particularly in rural communities with limited health care services and providers, by providing:
(a) community-integrated health care to prevent illness and injury; and
(b) patient care within a health care facility that is appropriate to a patient's needs and the emergency care provider's training.
(4) The board has a duty to ensure that emergency care providers are properly licensed and provide proper treatment to patients in their care.
History: En. 69-7003 by Sec. 1, Ch. 84, L. 1975; R.C.M. 1947, 69-7003; amd. Sec. 3, Ch. 150, L. 2009; amd. Sec. 17, Ch. 220, L. 2019; amd. Sec. 3, Ch. 294, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-202. Definitions

50-6-202. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the Montana state board of medical examiners provided for in 2-15-1731.
(2) "Emergency care provider" means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. An emergency care provider with an endorsement may provide community-integrated health care.
(3) "Health care facility" has the meaning provided in 50-5-101.
(4) "Volunteer emergency care provider" means an individual who is licensed pursuant to this part and provides out-of-hospital, emergency medical, or community-integrated health care, patient care within a health care facility, or interfacility transport:
(a) on the days and at the times of the day chosen by the individual; and
(b) for an emergency medical service other than:
(i) a private ambulance company unless the care is provided without compensation and outside of the individual's regular work schedule; or
(ii) a private business or a public agency, as defined in 7-1-4121, that employs the individual on a regular basis with a regular, hourly wage to provide emergency medical or community-integrated health care as part of the individual's job duties.
History: En. 69-7004 by Sec. 2, Ch. 84, L. 1975; R.C.M. 1947, 69-7004; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 377, L. 1991; amd. Sec. 157, Ch. 483, L. 2001; (3)En. Sec. 1, Ch. 82, L. 2009; amd. Sec. 18, Ch. 220, L. 2019; amd. Sec. 4, Ch. 294, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-203. Rules

50-6-203. Rules.
(1) The board, after consultation with the department of public health and human services and other appropriate departments, associations, and organizations, shall adopt rules of the board implementing this part, including but not limited to:
(a) training and licensure of emergency care providers;
(b) the administration of drugs by emergency care providers; and
(c) the handling of complaints involving patient care provided by emergency care providers.
(2) The board may, by rule, establish various levels of emergency care provider licensure and shall specify for each level the training requirements, acts allowed, relicensure requirements, and any other requirements regarding the training, performance, or licensure of that level of emergency care provider that it considers necessary, subject to the provisions of 37-1-138.
History: En. 69-7008 by Sec. 6, Ch. 84, L. 1975; R.C.M. 1947, 69-7008; amd. Sec. 8, Ch. 274, L. 1981; amd. Sec. 2, Ch. 377, L. 1991; amd. Sec. 98, Ch. 418, L. 1995; amd. Sec. 263, Ch. 546, L. 1995; amd. Sec. 60, Ch. 271, L. 2003; amd. Sec. 4, Ch. 150, L. 2009; amd. Sec. 19, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-204. Repealed

50-6-204. Repealed.
Sec. 4, Ch. 377, L. 1991.
History: En. 69-7005 by Sec. 3, Ch. 84, L. 1975; R.C.M. 1947, 69-7005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-205. Repealed

50-6-205. Repealed.
Sec. 4, Ch. 377, L. 1991.
History: En. 69-7006, 69-7007 by Secs. 4, 5, Ch. 84, L. 1975; R.C.M. 1947, 69-7006, 69-7007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-206. Consent

50-6-206. Consent.
An emergency care provider may not be subject to civil liability for failure to obtain consent in performing acts as authorized in this part to any individual regardless of age when the patient is unable to give consent and there is no other person present legally authorized to consent, provided that the acts are in good faith and without knowledge of facts negating consent.
History: En. 69-7009 by Sec. 7, Ch. 84, L. 1975; R.C.M. 1947, 69-7009; amd. Sec. 20, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-207. Construction

50-6-207. Construction.
This part may not be construed to detract from the powers granted to the department of public health and human services to regulate emergency medical services provided for in part 3 of this chapter.
History: En. 69-7010 by Sec. 8, Ch. 84, L. 1975; R.C.M. 1947, 69-7010; amd. Sec. 3, Ch. 377, L. 1991; amd. Sec. 99, Ch. 418, L. 1995; amd. Sec. 264, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 2. Emergency Care Providers › 50-6-210. Provision of patient care in health care facility

50-6-210. Provision of patient care in health care facility.
An emergency care provider may provide patient care in a health care facility when the care is approved by the health care facility, provided under online medical direction as defined in 50-6-302, and within the scope of the emergency care provider's licensure level.
History: En. Sec. 1, Ch. 294, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-301. Findings

50-6-301. Findings.
The legislature finds and declares that:
(1) the public welfare requires the establishment of minimum uniform standards for the operation of emergency medical services;
(2) the control, inspection, and regulation of persons providing emergency medical services or community-integrated health care is necessary to prevent or eliminate improper care that may endanger the health of the public; and
(3) the regulation of emergency medical services is in the interest of the social well-being and the health and safety of the state and all its people.
History: En. Sec. 1, Ch. 387, L. 1971; R.C.M. 1947, 69-3604; amd. Sec. 1, Ch. 387, L. 1989; amd. Sec. 21, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-303. Repealed

50-6-303. Repealed.
Sec. 17, Ch. 387, L. 1989.
History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(1), (2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-304. Cooperative agreements -- gifts, grants, and donations

50-6-304. Cooperative agreements -- gifts, grants, and donations.
(1) The department may enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this part.
(2) The department may accept and administer any gift, grant, or donation of funds to carry out the purposes of this part.
History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(3); amd. Sec. 4, Ch. 387, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-305. Repealed

50-6-305. Repealed.
Sec. 17, Ch. 387, L. 1989.
History: En. Sec. 6, Ch. 387, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-3609(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-306. License required

50-6-306. License required.
(1) A person may not conduct or operate an emergency medical service without first obtaining a license from the department. A separate license is required for each type and level of service.
(2) Applications for a license must be made in writing to the department on forms specified by the department.
(3) Each license must be issued for a specific term not to exceed 2 years. Renewal may be obtained by paying the required license fee and demonstrating compliance with department rules.
(4) The license is not transferable.
(5) The department shall notify an ambulance service at the time of licensing or licensing renewal of the reporting limitation of 30-14-2602.
History: En. Secs. 3, 4, Ch. 387, L. 1971; R.C.M. 1947, 69-3606, 69-3607(2); amd. Sec. 5, Ch. 387, L. 1989; amd. Sec. 2, Ch. 315, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-307. License fee

50-6-307. License fee.
(1) There must be paid to the department, with each application for a license or for renewal of a license, a license fee of $35.
(2) The department shall deposit fees with the state treasurer to the credit of the state general fund.
(3) Payment of the license fee stipulated in this part must be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this part.
History: En. Secs. 4, 10, Ch. 387, L. 1971; R.C.M. 1947, 69-3607(1), 69-3613; amd. Sec. 1, Ch. 592, L. 1983; amd. Sec. 6, Ch. 387, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-308. Cancellation of license

50-6-308. Cancellation of license.
The department may cancel a license if it finds that the licensee has:
(1) violated any provision of this part or any rule of the department or order of the department; and
(2) failed or refused to remedy or correct the violation.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part); amd. Sec. 7, Ch. 387, L. 1989; amd. Sec. 266, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-309. Repealed

50-6-309. Repealed.
Sec. 17, Ch. 387, L. 1989.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-310. Notice and hearing required

50-6-310. Notice and hearing required.
(1) The department may not deny or cancel a license without:
(a) delivery to the applicant or licensee of a written statement of the grounds for the denial or cancellation or the charge involved;
(b) an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled.
(2) The licensee shall make written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part); amd. Sec. 267, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-311. Return of license for destruction or deletion

50-6-311. Return of license for destruction or deletion.
On cancellation of a license, the license certificate shall be returned to the department for destruction or deletion as the department may direct in its notice of cancellation.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-312. Repealed

50-6-312. Repealed.
Sec. 17, Ch. 387, L. 1989.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-313. Inspections

50-6-313. Inspections.
(1) The department shall make necessary investigations and inspections for enforcement of this part.
(2) The department shall make regular inspections as the rules of the department may direct and special inspections that it considers necessary.
(3) The department has free access at all reasonable hours to the place of business of any person operating an emergency medical service in order to make necessary inspections. These inspections may include the inspection of any equipment or records pertaining to the activities of the emergency medical service.
(4) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials and requests entry for the purpose of conducting an inspection necessitated under this section. A person may not obstruct, hamper, or interfere with an inspection that is properly conducted pursuant to this section.
(5) Upon request, the owner or operator of an emergency medical service must receive a report stating all facts that relate to the owner's or operator's compliance with the provisions of this part as determined by the department, based upon its inspection.
History: En. Sec. 7, Ch. 387, L. 1971; amd. Sec. 13, Ch. 349, L. 1974; R.C.M. 1947, 69-3610; amd. Sec. 9, Ch. 387, L. 1989; amd. Sec. 1817, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-314. Authority of department to compel and take testimony

50-6-314. Authority of department to compel and take testimony.
In any proceeding under this part, the department may administer oaths, issue subpoenas, summon witnesses, and take testimony of any person within the state.
History: En. Sec. 8, Ch. 387, L. 1971; R.C.M. 1947, 69-3611; amd. Sec. 13, Ch. 387, L. 1989; amd. Sec. 268, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-315. County attorney to prosecute violations

50-6-315. County attorney to prosecute violations.
When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person violating this part or any rule of the department or order issued by the department.
History: En. Sec. 5, Ch. 387, L. 1971; amd. Sec. 12, Ch. 349, L. 1974; R.C.M. 1947, 69-3608(4); amd. Sec. 14, Ch. 387, L. 1989; amd. Sec. 269, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-316. Criminal and civil penalties

50-6-316. Criminal and civil penalties.
(1) Any person violating any provision of this part or any rule of the department or order issued by the department is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $100 for the first offense, not less than $75 or more than $200 for the second offense, and for third and subsequent offenses, not less than $200 or more than $500 or imprisoned in the county jail not to exceed 90 days.
(2) A person who violates any provision of this part or any rule of the department or order issued by the department is subject to a civil penalty not to exceed $1,000 for each violation. Each day of violation constitutes a separate violation.
(3) An action commenced under subsections (2) through (6) does not bar administrative enforcement of this part as provided in 50-6-327 or an injunction as provided in 50-6-326.
(4) If the department has reason to believe that a person has violated any provision of this part or any rule of the department or order issued by the department, it shall bring an action in the name of the state against the person to impose, assess, and recover the civil penalties as provided in subsection (2).
(5) Any civil penalty collected under subsections (2) through (6) is in lieu of the criminal penalty provided for in subsection (1).
(6) All penalties collected under subsections (2) through (5) must be transmitted to the state treasurer for deposit in the state general fund.
History: En. Sec. 9, Ch. 387, L. 1971; R.C.M. 1947, 69-3612; amd. Sec. 15, Ch. 387, L. 1989; (2) thru (6)En. Sec. 16, Ch. 387, L. 1989; amd. Sec. 270, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-317. Liability protection

50-6-317. Liability protection.
(1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose professional practice is not primarily in an emergency or trauma room or ward is not liable for civil damages for an injury resulting from the instructions, except damages for an injury resulting from the gross negligence of the physician, physician assistant, or nurse, if the instructions given by the physician, physician assistant, or nurse are:
(a) consistent with the protocols and the offline medical direction plan approved by the department in licensing the emergency medical service; and
(b) consistent with the level of licensure of the emergency medical services personnel instructed by the physician, physician assistant, or nurse.
(2) An individual who volunteers or who is reimbursed $5,000 or less in any 12-month period for providing offline medical direction is not liable for civil damages for an injury resulting from the performance of the individual's offline medical direction duties, except damages for an injury resulting from the gross negligence of the individual.
History: En. Sec. 2, Ch. 304, L. 1991; amd. Sec. 1818, Ch. 56, L. 2009; amd. Sec. 6, Ch. 150, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-320. Private air ambulance service -- findings -- exemptions from insurance code

50-6-320. Private air ambulance service -- findings -- exemptions from insurance code.
(1) The legislature finds that there is a need to assist Montana consumers with regard to the availability and affordability of air ambulance service.
(2) Except as provided in subsection (3), a private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services to subscription members and designated members of their households is not an insurer as defined in 33-1-201, a health carrier as defined in 33-36-103, a health service corporation as defined in 33-30-101, or a health maintenance organization as defined in 33-31-102 if the private air ambulance service:
(a) is licensed in accordance with 50-6-306;
(b) has been in operation in Montana for at least 2 years; and
(c) has submitted evidence of its compliance with this section to the department.
(3) The provisions of Title 33 prescribed in 33-2-2212 apply to a private air ambulance service that offers a membership program covering out-of-pocket expenses in excess of deductibles, copays, and coinsurance incurred for out-of-network services using the private air ambulance service or to private air ambulance services that are out-of-network and with which the membership program has reciprocity.
(4) A private air ambulance service membership program must have reciprocity agreements with all other air ambulance service providers in Montana with air ambulance service membership programs to ensure maximum geographic coverage within the state for the subscribers to the program.
History: En. Sec. 1, Ch. 237, L. 2011; amd. Sec. 11, Ch. 210, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-322. Staffing -- nonemergency ambulance transports -- transports in rural areas

50-6-322. Staffing -- nonemergency ambulance transports -- transports in rural areas.
An emergency medical service that is staffed primarily by volunteer emergency care providers may staff an ambulance with one emergency care provider licensed at an emergency medical technician-basic level or higher and one driver trained in the operation of emergency vehicles for the following types of responses:
(1) nonemergency ambulance transports;
(2) emergency medical service provided by an ambulance company located in a county with a population of fewer than 20,000 residents; and
(3) emergency medical service provided by an ambulance company located in a county with a population of 20,000 residents or more if the ambulance company is transporting a patient from a community within that county that has a population of 1,500 residents or less to the nearest health care facility that is able to meet the patient's medical needs.
History: En. Sec. 2, Ch. 354, L. 2009; amd. Sec. 23, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-323. Powers and duties of department

50-6-323. Powers and duties of department.
(1) The department has general authority to supervise and regulate emergency medical services in Montana.
(2) Upon referral by a screening panel pursuant to 50-6-105, the department shall review and may investigate complaints relating to the operation of any emergency medical service.
(3) In investigating a complaint, the department may review:
(a) the type and condition of equipment and procedures used by an emergency medical service to provide care at the scene during prehospital or interfacility transportation or in other out-of-hospital care settings;
(b) the condition of any vehicle or aircraft used as an ambulance;
(c) general performance by an emergency medical service; and
(d) the results of any investigation conducted by the board concerning patient care by an emergency care provider who was, at the time of the complaint, providing care through the emergency medical service that is the subject of a complaint under investigation by the department.
(4) Upon completion of an investigation as provided in subsection (3), the department shall take appropriate action, including sharing information regarding complaints with the board as provided in 50-6-105 and initiating any necessary legal proceedings as authorized under this part.
(5) In order to carry out the provisions of this part, the department shall prescribe and enforce rules for emergency medical services. Rules of the department may include but are not limited to the following:
(a) the classification and identification of specific types and levels of interfacility medical transportation or out-of-hospital treatment services;
(b) procedures for issuing, denying, renewing, and canceling licenses issued under this part;
(c) minimum licensing standards for each type and level of service, including requirements for personnel, offline medical direction, online medical direction, maintenance, equipment, reporting, recordkeeping, sanitation, and minimum insurance coverage as determined appropriate by the department; and
(d) other requirements necessary and appropriate to ensure the quality, safety, and proper operation and administration of emergency medical services.
(6) A rule adopted pursuant to this section must comply with Title 2, chapter 4.
History: En. Sec. 3, Ch. 387, L. 1989; amd. Sec. 7, Ch. 150, L. 2009; amd. Sec. 24, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-324. Advisory committee

50-6-324. Advisory committee.
(1) The department may establish an advisory committee to assist in making determinations regarding:
(a) a request for waiver of licensing requirements as provided in 50-6-325;
(b) the resolution of a complaint as described in 50-6-323; and
(c) issuance of an order authorized under this part.
(2) The advisory committee must be established pursuant to rules adopted by the department.
History: En. Sec. 12, Ch. 387, L. 1989; amd. Sec. 271, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-325. Waiver of licensing requirements

50-6-325. Waiver of licensing requirements.
(1) The department may waive any licensing requirements under this part upon submission and approval of a written application for waiver by a person subject to licensing under this part.
(2) The department may waive a licensing requirement if the person provides sufficient justification to allow a finding by the department that:
(a) the waiver is necessary to avoid significant financial or other hardship; and
(b) granting the waiver would not jeopardize patient care or the public health and safety.
(3) A waiver must be issued on a temporary basis, not exceeding 6 months, and may be renewed by the department upon submission and approval of an additional application for waiver of licensing requirements.
(4) A waiver granted by the department may be revoked for good cause after notice and an opportunity for a hearing before the department have been provided to the person affected by the department's action.
History: En. Sec. 8, Ch. 387, L. 1989; amd. Sec. 272, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-326. Injunction to require compliance

50-6-326. Injunction to require compliance.
(1) The department may seek an injunction from an appropriate district court to require compliance with this part or to require compliance with a rule of the department or an order issued by the department. The court to which the department applies for an injunction may issue a temporary restraining order if there is reasonable cause to believe that the allegations of the department are true.
(2) An action for injunctive relief initiated by the department pursuant to subsection (1) may be commenced in the district court of the county in which the defendant is located, resides, or is doing business. If the defendant cannot be located in Montana, the action may be commenced in the county where the violation is alleged to occur or have occurred, and the court has jurisdiction to restrain the violation and require compliance.
History: En. Sec. 10, Ch. 387, L. 1989; amd. Sec. 273, Ch. 546, L. 1995.