reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-704. In-person requirement

50-20-704. In-person requirement.
An abortion-inducing drug may be provided only by a qualified medical practitioner following the procedures set forth in this part. A manufacturer, supplier, medical practitioner, qualified medical practitioner, or any other person may not provide an abortion-inducing drug via courier, delivery, or mail service.
History: En. Sec. 4, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-705. Distribution of abortion-inducing drugs

50-20-705. Distribution of abortion-inducing drugs.
(1) Because the failure and complication rates from a chemical abortion increase with advancing gestational age and because the physical symptoms of chemical abortion can be identical to the symptoms of ectopic pregnancy and abortion-inducing drugs do not treat ectopic pregnancies and are contraindicated in ectopic pregnancies, the qualified medical practitioner providing an abortion-inducing drug shall examine the woman in person and, prior to providing an abortion-inducing drug, shall:
(a) independently verify that a pregnancy exists;
(b) determine the woman's blood type, and if the woman is Rh negative, be able to and offer to administer RhoGAM at the time of the abortion;
(c) inform the woman that the woman may see the remains of the unborn child in the process of completing the abortion; and
(d) document in the woman's medical chart the gestational age and intrauterine location of the pregnancy and whether the woman received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care.
(2) A qualified medical practitioner providing an abortion-inducing drug must be credentialed and competent to handle complications management, including emergency transfer, or must have a signed contract with an associated medical practitioner who is credentialed to handle complications and must be able to produce the signed contract on demand by the woman or by the department. Each woman to whom a qualified medical practitioner provides an abortion-inducing drug must be given the name and phone number of the associated medical practitioner.
(3) The qualified medical practitioner providing an abortion-inducing drug, or an agent of the qualified medical practitioner, shall schedule a followup visit for the woman at approximately 7 to 14 days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The qualified medical practitioner shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making the efforts, must be included in the woman's medical record.
History: En. Sec. 5, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-706. Prohibition on providing abortion-inducing drugs at elementary, secondary, and postsecondary schools

50-20-706. Prohibition on providing abortion-inducing drugs at elementary, secondary, and postsecondary schools.
An abortion-inducing drug may not be provided in an elementary, secondary, or postsecondary school facility or on school grounds.
History: En. Sec. 6, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-708. Information required in state-prepared materials

50-20-708. Information required in state-prepared materials.
(1) The department shall publish state-prepared, printed materials on informed consent for abortion and shall include the following statement:
"Information on the potential ability of qualified medical practitioners to reverse the effects of an abortion obtained through the use of abortion-inducing drugs is available at www.abortionpillreversal.com, or you can contact (877) 558-0333 for assistance in locating a medical professional who can aid in the reversal of an abortion."
(2) The department shall annually review and update, if necessary, the statement requirement under subsection (1).
(3) As part of the informed consent counseling services required in 50-20-707, the qualified medical practitioner shall inform the pregnant woman about abortion pill reversal and provide the woman with the state-prepared materials described in subsection (1).
History: En. Sec. 8, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-710. Production of reporting forms

50-20-710. Production of reporting forms.
The department shall create and distribute the forms required by this part within 60 days after October 1, 2021.
History: En. Sec. 10, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-711. Criminal penalties

50-20-711. Criminal penalties.
(1) A person who purposely or knowingly or negligently violates any provision of this part is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 20 years, or both. As used in this section, "purposely", "knowingly", and "negligently" have the meanings provided in 45-2-101.
(2) A criminal penalty may not be assessed against the pregnant woman on whom the chemical abortion is attempted or performed.
History: En. Sec. 11, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-712. Civil remedies and professional sanctions

50-20-712. Civil remedies and professional sanctions.
(1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part:
(a) provides a basis for a civil malpractice action for actual and punitive damages;
(b) provides a basis for professional disciplinary action under Title 37 for the suspension or revocation of the license of a health care provider; and
(c) provides a basis for recovery for the woman's survivors for the wrongful death of the woman under 27-1-513.
(2) Civil liability may not be imposed against the pregnant woman on whom the chemical abortion is attempted or performed.
(3) When requested, the court shall allow a woman to proceed using solely the woman's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman on whom the chemical abortion was attempted or performed.
(4) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(5) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
History: En. Sec. 12, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-713. Construction

50-20-713. Construction.
This part may not be construed to:
(1) create or recognize a right to abortion;
(2) make lawful an abortion that is otherwise unlawful; or
(3) repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.
History: En. Sec. 13, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 7. Montana Abortion-Inducing Drug Risk Protocol Act › 50-20-714. Right of intervention

50-20-714. Right of intervention.
The legislature, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this part in the member's official capacity, to intervene as a matter of right in any case in which the constitutionality of this part is challenged.
History: En. Sec. 14, Ch. 309, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-802. Legislative findings

50-20-802. Legislative findings.
The legislature finds, with respect to this part, that:
(1) there is a compelling interest in protecting the life of an infant born alive following an attempted abortion;
(2) an infant born alive following an attempted abortion is a legal person for all purposes under the laws of this state and is entitled to all protections under these laws; and
(3) an infant born alive following an attempted abortion in an abortion clinic, medical facility, or other facility is entitled to the same protections under the law that would arise for any newborn infant or for any person who comes to a medical facility or other facility for screening or treatment or otherwise becomes a patient in the facility's care.
History: En. Sec. 2, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-803. Definitions

50-20-803. Definitions.
As used in this part, the following definitions apply:
(1) "Abortion clinic" means a health care provider that performs any abortion procedure or provides an abortion-inducing drug.
(2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance provided, prescribed, or dispensed with the intent to terminate the clinically diagnosable pregnancy of a woman with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child.
(b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion.
(c) The term does not include a drug that may be known to cause an abortion that is prescribed for other medical indications.
(3) "Born alive" means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after expulsion or extraction, breathes, has a beating heart, or has definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, induced abortion, or another method.
(4) "Health care provider" means an individual who may be asked to participate in any way in a health care service or procedure, including but not limited to a physician, physician's assistant, nurse, certified nursing assistant, medical assistant, hospital employee, medical facility employee, or abortion clinic employee.
(5) "Knowingly" has the meaning provided in 45-2-101.
(6) "Medical facility" means a public or private hospital, clinic, center, medical school, medical training institute, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location where medical care or treatment is provided to an individual.
(7) "Purposely" has the meaning provided in 45-2-101.
History: En. Sec. 3, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-804. Infant safety and protection

50-20-804. Infant safety and protection.
(1) A health care provider present at the time an infant is born alive following an abortion or an attempted abortion shall:
(a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the infant as a reasonably diligent and conscientious health care provider would render to any other infant born alive at the same gestational age; and
(b) following the exercise of skill, care, and diligence required under subsection (1)(a), ensure the infant born alive is immediately transported and admitted to a medical facility.
(2) The requirements of this section may not be construed to prevent an infant's parents or guardian from refusing to give consent to medical treatment or surgical care that is not medically necessary or reasonable, including care or treatment that:
(a) is not necessary to save the life of the infant;
(b) has a potential risk to the infant's life or health that outweighs the potential benefit to the infant from the treatment or care; or
(c) will do no more than temporarily prolong the act of dying when death is imminent.
History: En. Sec. 4, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-805. Criminal penalties -- professional sanctions -- civil liability

50-20-805. Criminal penalties -- professional sanctions -- civil liability.
(1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.
(2) A licensed health care provider who purposely or knowingly violates the prohibition in 50-20-804 commits an act of unprofessional conduct, and the individual's license to practice medicine in this state must be suspended for a minimum of 1 year pursuant to Title 37.
(3) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part provides a basis for:
(a) a civil malpractice action for actual and punitive damages; and
(b) a civil fine of not less than $5,000 for each violation imposed by the department of justice.
History: En. Sec. 5, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-806. Mandatory reporting

50-20-806. Mandatory reporting.
A health care provider, medical facility, abortion clinic, or employee or volunteer of a medical facility or abortion clinic with knowledge of a violation of this part shall immediately report the violation to the department of justice.
History: En. Sec. 6, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-807. Right of intervention

50-20-807. Right of intervention.
The legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.
History: En. Sec. 7, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 8. Infant Safety and Care Act › 50-20-808. Construction

50-20-808. Construction.
This part does not prohibit the application of the laws of this state protecting children to infants born alive during an attempted abortion.
History: En. Sec. 8, Ch. 392, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 9. Licensure and Regulation of Abortion Clinics › 50-20-901. Definitions

50-20-901. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Abortion clinic" means a facility that:
(i) performs surgical abortion procedures; or
(ii) provides an abortion-inducing drug.
(b) The term does not include:
(i) a hospital as defined in 50-5-101;
(ii) a critical access hospital as defined in 50-5-101;
(iii) an outpatient center for surgical services as defined in 50-5-101; or
(iv) a facility that provides, prescribes, administers, or dispenses an abortion-inducing drug to fewer than five patients each year.
(2) (a) "Abortion-inducing drug" means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman.
(b) The term includes the off-label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion.
(c) The term does not include the use of drugs that may be known to cause an abortion if the drugs are prescribed for a medical indication other than abortion.
(3) "Affiliate" means an organization that directly or indirectly:
(a) owns or controls another organization;
(b) is owned or controlled, in whole or in part, by another organization;
(c) is related by shareholdings or other means of control to another organization;
(d) is a parent or subsidiary of another organization; or
(e) is under common control with another organization.
(4) "Medical practitioner" means a person authorized under 50-20-109 to perform an abortion in this state.
History: En. Sec. 1, Ch. 492, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 9. Licensure and Regulation of Abortion Clinics › 50-20-902. Licensure of abortion clinics -- application -- fee

50-20-902. Licensure of abortion clinics -- application -- fee.
(1) A person may not operate or advertise the operation of an abortion clinic unless the person is licensed by the department.
(2) An applicant for licensure as an abortion clinic shall apply on a form prescribed by the department containing information requested by the department pursuant to 50-20-903, including:
(a) an attestation that the applicant is of reputable and responsible character and is able to comply with rules adopted under 50-20-903;
(b) the name of the applicant;
(c) the location of the abortion clinic and the name of the person in charge of the abortion clinic;
(d) the qualifications of the applicant or of the medical practitioners employed by or to be employed by the abortion clinic to perform surgical abortion procedures or to prescribe, administer, or provide abortion-inducing drugs; and
(e) disclosures regarding:
(i) whether the applicant or an owner or affiliate of the applicant operated an abortion clinic that was closed as a direct result of patient health and safety;
(ii) whether an owner or clinic staff member has been convicted of a felony offense; and
(iii) whether an owner or clinic staff member was ever employed by a facility owned or operated by the applicant that closed because of administrative or legal action.
(3) An applicant for licensure shall include with the application copies of:
(a) administrative and legal documentation relating to information required under subsections (2)(e)(i) and (2)(e)(ii);
(b) inspection reports, if any; and
(c) violation remediation contracts, if any.
History: En. Sec. 2, Ch. 492, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 9. Licensure and Regulation of Abortion Clinics › 50-20-903. Department regulation of abortion clinics -- rulemaking

50-20-903. Department regulation of abortion clinics -- rulemaking.
(1) In accordance with Title 50, chapter 5, the department shall license and regulate abortion clinics as provided in this part and shall enforce the provisions of this part.
(2) The department shall adopt administrative rules for the licensure and operation of abortion clinics, including rules:
(a) establishing minimum license qualifications;
(b) establishing requirements for:
(i) sanitation standards;
(ii) staff qualifications;
(iii) necessary emergency equipment;
(iv) providing emergency care;
(v) monitoring patients after the administration of anesthesia;
(vi) providing follow-up care for patient complications;
(vii) quality assurance;
(viii) infection control;
(ix) the architecture or layout of an abortion clinic;
(x) providing to patients a hotline telephone number to assist women who are coerced into an abortion or who are victims of sex trafficking; and
(xi) obtaining annual training by law enforcement on identifying and assisting women who are coerced into an abortion or who are victims of sex trafficking;
(c) establishing operating policies for maintaining medical records, including the requirement that forms requiring a patient signature be stored in the patient's medical record;
(d) establishing procedures for the issuance, renewal, denial, and revocation of licenses, including:
(i) the form and content of the license; and
(ii) the collection of an annual license fee of $450, payable to the department for deposit in the general fund;
(e) establishing procedures and standards for inspections; and
(f) establishing procedures for addressing any violations of this section or rules adopted pursuant to this section.
History: En. Sec. 3, Ch. 492, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 9. Licensure and Regulation of Abortion Clinics › 50-20-904. Inspections

50-20-904. Inspections.
In accordance with Title 50, chapter 5, the department shall inspect an abortion clinic at least once each calendar year. If the department receives a complaint involving an abortion clinic, the department may conduct additional investigations as needed.
History: En. Sec. 4, Ch. 492, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 10. Dismemberment Abortion Prohibition Act › 50-20-1003. Dismemberment abortion procedures prohibited -- penalty

50-20-1003. Dismemberment abortion procedures prohibited -- penalty.
(1) Except in a medical emergency, a person may not purposely or knowingly perform, induce, or attempt to perform or induce a dismemberment abortion procedure.
(2) A person who violates this section is guilty of a felony and on conviction shall be punished by a fine in an amount not to exceed $50,000, imprisonment for a term of not less than 5 years and not more than 10 years, or both.
(3) A woman on whom an abortion is performed, induced, or attempted in violation of this part may not be prosecuted for conspiracy to commit a violation of this part.
History: En. Sec. 3, Ch. 490, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 10. Dismemberment Abortion Prohibition Act › 50-20-1004. Reporting -- forms

50-20-1004. (Effective on occurrence of contingency) Reporting -- forms.
(1) If a physician or physician assistant performs a dismemberment abortion procedure because of a medical emergency, the physician or the physician assistant shall, within 15 days, file with the department on a form supplied by the department a report containing the following information:
(a) the date the procedure was performed;
(b) the probable gestational age of the unborn human being and the method used to calculate gestational age;
(c) a statement declaring that the procedure was necessary because of a medical emergency;
(d) the specific medical indications supporting the determination that a medical emergency existed; and
(e) the physician's or the physician assistant's attestation under oath that the information stated on the form is true and correct to the best of the person's knowledge.
(2) Reports required by and submitted pursuant to this section may not contain the name of the pregnant woman on whom the dismemberment abortion procedure was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, the woman who underwent the procedure.
History: En. Sec. 4, Ch. 490, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 10. Dismemberment Abortion Prohibition Act › 50-20-1005. Professional sanctions -- civil fines -- enforcement

50-20-1005. (Subsections (2) and (3) effective on occurrence of contingency) Professional sanctions -- civil fines -- enforcement.
(1) A physician or physician assistant who purposely or knowingly violates 50-20-1003 commits unprofessional conduct, and the person's license to practice medicine in Montana must be suspended for a minimum of 1 year pursuant to Title 37.
(2) A physician or physician assistant who purposely or knowingly delivers to the department a report required under 50-20-1004 that is known by the person to contain false information shall be subject to a fine of $2,000 imposed by the department.
(3) A physician or physician assistant who purposely or knowingly fails to file with the department a report required under 50-20-1004 shall be subject to a fine of $1,000 imposed by the department.
(4) The attorney general may enforce the provisions of this part on behalf of the department. The department also has the authority to bring an action.
History: En. Sec. 5, Ch. 490, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 10. Dismemberment Abortion Prohibition Act › 50-20-1006. Construction

50-20-1006. Construction.
(1) This part may not be construed to:
(a) create or recognize a right to abortion or a right to government funding of abortion;
(b) alter generally accepted medical standards; or
(c) make lawful an abortion that is otherwise unlawful.
(2) The right of individual privacy as referenced in the Montana constitution, the Montana Code Annotated, or the Administrative Rules of Montana does not create, and may not be construed as creating or recognizing, a right to abortion or to governmental funding of abortion.
History: En. Sec. 6, Ch. 490, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 20. Abortion › Part 10. Dismemberment Abortion Prohibition Act › 50-20-1007. Right of intervention

50-20-1007. Right of intervention.
The legislature may, by joint resolution, appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.
History: En. Sec. 7, Ch. 490, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-101. Procurement of cadavers

50-21-101. Procurement of cadavers.
(1) A medical school in the United States may procure unclaimed human bodies for use in teaching and demonstrations of anatomy.
(2) A physician or podiatrist licensed in the state of Montana may procure a cadaver specimen from a nationally accredited nontransplant anatomic bank for the purposes of anatomic dissection and surgical demonstration and training.
History: En. Sec. 153, Ch. 197, L. 1967; R.C.M. 1947, 69-5101; amd. Sec. 1, Ch. 318, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-102. Procedure to procure cadavers

50-21-102. Procedure to procure cadavers.
The procedure to procure a human body for use in teaching and demonstrations of anatomy is as follows:
(1) A medical school shall apply to the person or organization that has custody of the unclaimed body asking that the body be delivered to the school for teaching and demonstration of anatomy.
(2) The medical school shall file a notarized statement with the department of public health and human services showing that proper equipment is available for proper handling, security, and preservation of human bodies.
(3) The body must be kept at the unit, institution, or hospital for at least 3 weeks after the date of death before it can be used.
(4) The medical school shall pay the costs of special preparation and transportation of the body.
(5) A burial permit must accompany each body, and the medical school shall properly register the body and arrange for burial by a licensed mortician at the expense of the medical school.
(6) If there was no request by the deceased person that the deceased's body be buried immediately, the person or organization that has custody may deliver an unclaimed body to the medical school applying.
(7) The medical school shall file a statement with the department stating that the body will be used only for teaching and demonstration of anatomy.
(8) A licensed physician or podiatrist shall contract with a nationally accredited nontransplant anatomic bank for the delivery and disposal of an anatomic specimen for the purposes of conducting anatomical dissection or surgical demonstration and training. The specimen must be delivered to a hospital or surgical center licensed by the state.
History: En. Sec. 154, Ch. 197, L. 1967; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 69-5102; amd. Sec. 123, Ch. 418, L. 1995; amd. Sec. 300, Ch. 546, L. 1995; amd. Sec. 2, Ch. 318, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-103. Limitations on right to perform autopsy or dissection

50-21-103. Limitations on right to perform autopsy or dissection.
The right to perform an autopsy, dissect a human body, conduct surgical demonstration or training on a human body, or make any postmortem examination involving dissection of any part of a body is limited to cases:
(1) which are specifically authorized by law;
(2) in which a coroner is authorized to hold an inquest and then only to the extent that the coroner may authorize dissection or autopsy;
(3) authorized by a written statement of the deceased, whether the statement is of a testamentary character or otherwise;
(4) authorized by the husband, wife, or next of kin responsible by law for burial to determine the cause of death and then only to the extent authorized;
(5) in which the decedent died in a hospital operated by the United States department of veterans affairs, Montana school for the deaf and blind, or an institution in the department of corrections or the department of public health and human services, leaving no surviving husband, wife, or next of kin responsible by law for burial and the manager or superintendent of the hospital or institution where death occurred obtains authority on order of the district court to determine the cause of death and then only to the extent authorized by court order;
(6) in which the decedent died in the state, was a resident, but left no surviving husband, wife, or next of kin charged by law with the duty of burial and the attending physician obtains authority on order of the district court for the purpose of ascertaining the cause of death and then only to the extent authorized by court order after it has been shown that the physician made diligent search for the next of kin responsible by law for burial.
History: En. Sec. 155, Ch. 197, L. 1967; R.C.M. 1947, 69-5103; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 301, Ch. 546, L. 1995; amd. Sec. 3, Ch. 318, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-104. Autopsies

50-21-104. Autopsies.
All autopsies of a human body must be performed by a physician legally authorized to practice medicine in this state. Upon completion, the physician shall send a written report of the physician's findings, including the cause of death if determined, to the:
(1) physician attending the person at the time of death if other than the physician performing the autopsy;
(2) hospital or skilled nursing facility, upon request, where the person died or where the person was confined during the person's last illness to be retained as part of the permanent record of the hospital or skilled nursing facility;
(3) to the next of kin of the decedent or the representative of the decedent's estate upon request and to any other person lawfully requesting the report.
History: En. Sec. 156, Ch. 197, L. 1967; amd. Sec. 1, Ch. 158, L. 1973; R.C.M. 1947, 69-5104; amd. Sec. 1832, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-105. Morticians not affected

50-21-105. Morticians not affected.
This chapter shall not restrict the right of a licensed mortician to dissect a human body for proper preparation of the body for burial, cremation, or other disposition provided by law.
History: En. Sec. 157, Ch. 197, L. 1967; R.C.M. 1947, 69-5105.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 21. Cadavers and Autopsies › Part 1. General Provisions › 50-21-106. Penalty for unauthorized postmortem examinations

50-21-106. Penalty for unauthorized postmortem examinations.
Unless authorized by law, any person who performs an autopsy, dissection, or other postmortem examination or causes it to be made is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not exceeding $500.
History: En. Sec. 158, Ch. 197, L. 1967; R.C.M. 1947, 69-5106; amd. Sec. 1833, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 22. Determination of Death › Part 1. General Provisions › 50-22-101. Determination of death

50-22-101. Determination of death.
An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brainstem, is dead. A determination of death must be made in accordance with accepted medical standards.
History: En. 69-7201 by Sec. 1, Ch. 228, L. 1977; R.C.M. 1947, 69-7201; amd. Sec. 1, Ch. 86, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-101. Definitions

50-23-101. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Department of livestock" means the department of livestock provided for in Title 2, chapter 15, part 31.
(2) "Department of public health and human services" means the department of public health and human services provided for in 2-15-2201.
(3) "Person" means an individual, group of individuals, partnership, corporation, firm, or association.
(4) "Wild animal" means a skunk, fox, raccoon, or bat. Other species of normally nondomesticated animals known to be capable of transmitting rabies may be added to this list through the adoption of rules by the department of public health and human services, with the approval of the department of livestock.
History: En. Sec. 1, Ch. 448, L. 1981; amd. Sec. 124, Ch. 418, L. 1995; amd. Sec. 302, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-102. Prohibition of possession of wild animals -- exceptions

50-23-102. Prohibition of possession of wild animals -- exceptions.
A person may not possess a wild animal unless the person possessed it for at least 6 months prior to January 1, 1982, or it is used in a fur-bearing enterprise, contained in a zoological exhibition in a manner that it may not come in physical contact with members of the public, or acquired by an educational institution for scientific research.
History: En. Sec. 2, Ch. 448, L. 1981; amd. Sec. 1834, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-103. Quarantine -- destruction -- testing

50-23-103. Quarantine -- destruction -- testing.
(1) Whenever a person unlawfully possesses a wild animal, the department of public health and human services or the department of livestock may impound the animal and take any other action considered reasonable to protect public health.
(2) If a wild animal, whether unlawfully or lawfully in the possession of a person, has bitten or otherwise exposed a person to the possibility of contracting rabies, the animal may be impounded by the department of public health and human services, the department of livestock, or a local health officer and either quarantined or destroyed and the animal's brain may be tested for rabies.
(3) A lawfully possessed wild animal that is quarantined pursuant to subsection (2) and found not to be rabid must be returned to its owner.
History: En. Sec. 3, Ch. 448, L. 1981; amd. Sec. 125, Ch. 418, L. 1995; amd. Sec. 303, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-104. Payment of expenses

50-23-104. Payment of expenses.
Expenses incurred by the state under 50-23-103 must be paid by the person from whom possession of the wild animal was taken.
History: En. Sec. 4, Ch. 448, L. 1981.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-105. Authority to adopt rules

50-23-105. Authority to adopt rules.
The department of public health and human services, with the approval of the department of livestock, may adopt rules necessary for the implementation and administration of this part.
History: En. Sec. 5, Ch. 448, L. 1981; amd. Sec. 126, Ch. 418, L. 1995; amd. Sec. 304, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 23. Rabies Control › Part 1. Restrictions on Possession of Wild Animals › 50-23-106. Injunction -- recovery of costs

50-23-106. Injunction -- recovery of costs.
(1) In addition to any other remedies provided by law, the department of public health and human services or, upon the request of the department of public health and human services, an appropriate county attorney may file an action to enjoin a violation of this part or a rule adopted pursuant to it.
(2) The department of public health and human services or the county attorney, if either prevails in any action brought pursuant to subsection (1), is entitled to recover from the other party the costs, expenses, and reasonable attorney fees incurred.
History: En. Sec. 6, Ch. 448, L. 1981; amd. Sec. 127, Ch. 418, L. 1995; amd. Sec. 305, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-101. Short title

50-30-101. Short title.
This chapter shall be cited as the "Montana Consumer Product Safety Act of 1975".
History: En. 69-7101 by Sec. 2, Ch. 394, L. 1975; R.C.M. 1947, 69-7101.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-102. Definitions

50-30-102. Definitions.
In this chapter, the following definitions apply:
(1) "Commerce" means all commerce within this state and subject to the jurisdiction of this state and includes the operation of any business or service establishment.
(2) "Court" means, the district court in the district where the violation occurs.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Person" includes an individual, partnership, corporation, or association or its legal representative or agent.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(1) thru (3), (18); amd. Sec. 128, Ch. 418, L. 1995; amd. Sec. 306, Ch. 546, L. 1995; amd. Sec. 21, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-103. Department authorized to adopt rules

50-30-103. Department authorized to adopt rules.
(1) The authority to adopt rules for the efficient enforcement of this chapter is vested in the department.
(2) The department has the authority to adopt by reference without public hearing rules adopted under the Federal Hazardous Substances Act as amended.
History: En. 69-7109 by Sec. 9, Ch. 394, L. 1975; R.C.M. 1947, 69-7109.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-104. Department to develop accident prevention and health oriented education programs

50-30-104. Department to develop accident prevention and health oriented education programs.
The department, in cooperation with other state and federal agencies, shall develop and conduct appropriate accident prevention and health oriented educational programs. The educational programs shall inform the public of the hazards, proper handling and use, disposal, storage, and transportation of hazardous substances and the proper medical and first-aid procedures for accidents resulting from hazardous substances.
History: En. 69-7112 by Sec. 12, Ch. 394, L. 1975; R.C.M. 1947, 69-7112.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-105. Publication of information by department

50-30-105. Publication of information by department.
(1) The department may cause to be published from time to time reports summarizing any judgments, research findings, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.
(2) The department may also cause to be disseminated information regarding hazardous substances in situations involving imminent danger to health.
(3) Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
History: En. 69-7113 by Sec. 13, Ch. 394, L. 1975; R.C.M. 1947, 69-7113.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-106. Department to conduct investigations

50-30-106. Department to conduct investigations.
(1) The department shall conduct investigations of reported accidental injuries, illnesses, and deaths resulting from the use or misuse of all hazardous substances, as defined by 50-30-201(1)(a), intended or suitable for use by the general public.
(2) Investigations shall evaluate the causative hazardous substance and circumstances of the accident for enforcement of this chapter.
(3) If the offending hazardous substance is a pesticide regulated by another agency under the federal Environmental Pesticide Control Act or the Montana Pesticides Act, the investigation shall yield recommendations to the appropriate regulating agency for appropriate action.
History: En. 69-7110 by Sec. 10, Ch. 394, L. 1975; amd. Sec. 32, Ch. 187, L. 1977; R.C.M. 1947, 69-7110(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-107. Powers and duties of department's agents

50-30-107. Powers and duties of department's agents.
(1) For enforcement of this chapter, officers or employees duly designated by the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to:
(a) enter at reasonable times a factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after introduction;
(b) enter a vehicle being used to transport or hold hazardous substances in commerce;
(c) inspect at reasonable times, within reasonable limits, and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, and labeling in the factory, warehouse, establishment, or vehicle; and
(d) obtain samples of materials or packages or labeling.
(2) If the officer or employee obtains a sample, prior to leaving the premises the officer or employee shall pay or offer to pay the owner, operator, or agent in charge for the sample and give a receipt describing the samples obtained.
History: En. 69-7110 by Sec. 10, Ch. 394, L. 1975; amd. Sec. 32, Ch. 187, L. 1977; R.C.M. 1947, 69-7110(1), (2); amd. Sec. 1835, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 1. General Provisions › 50-30-108. Carriers to permit inspection

50-30-108. Carriers to permit inspection.
(1) For the purpose of enforcing the provisions of this chapter, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the department, permit such officer or employee at reasonable times to have access to and to copy all records showing the movement in commerce of any such hazardous substances, the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof.
(2) It is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates, provided that evidence obtained under this section is not used in a criminal prosecution of the person from whom obtained.
(3) Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
History: En. 69-7111 by Sec. 11, Ch. 394, L. 1975; R.C.M. 1947, 69-7111.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-201. Hazardous substance defined

50-30-201. Hazardous substance defined.
(1) "Hazardous substance" means:
(a) a substance or mixture of substances which:
(i) is toxic;
(ii) is corrosive;
(iii) is an irritant;
(iv) is a strong sensitizer;
(v) is flammable or combustible; or
(vi) generates pressure through decomposition, heat, or other means if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
(b) substances which the department by rule finds under 50-30-215 meet the requirements of subsection (1)(a) of this section;
(c) a radioactive substance if, with respect to the substance as used in a particular class of article or as packaged, the department determines by rule that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health; or
(d) a toy or other article intended for use by children which presents an electrical, mechanical, or thermal hazard as determined by the department by rule in accordance with 50-30-220.
(2) (a) The term "hazardous substance" does not apply to pesticides subject to the federal Pesticide Environmental Control Act or the Montana Pesticides Act, to foods, drugs, and cosmetics subject to the Montana Food, Drug, and Cosmetic Act, or to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house.
(b) The term applies, however, to an article which is not itself a pesticide within the meaning of the federal Pesticide Environmental Control Act or the Montana Pesticide Act but which is a hazardous substance within the meaning of subsection (1) of this section by reason of bearing or containing a pesticide.
(c) The term also applies to pesticides whenever human health is directly affected from the use or misuse of pesticides requiring an accident investigation for the purpose of preparing recommendations to federal or state pesticide control agencies.
(3) The term "hazardous substance" does not include source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and rules issued pursuant thereto by the atomic energy commission.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(4).