2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1101. Definitions

50-4-1101. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) (a) "Conscience" means the ethical, moral, or religious beliefs or principles held by a medical practitioner, health care institution, or health care payer.
(b) With respect to institutional or corporate persons, as opposed to individual persons, the term is determined by reference to that entity or body's governing documents, including but not limited to published ethical, moral, or religious guidelines or directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.
(2) (a) "Discrimination" means an adverse action taken against, or a threat of adverse action communicated to, a medical practitioner, health care institution, or health care payer as a result of the medical practitioner, health care institution, or health care payer's refusal to participate in a health care service on the basis of conscience, including but not limited to termination of employment, transfer from current position, demotion from current position, adverse administrative action, reassignment to a different shift or job title, increased administrative duties, denial of staff privileges, denial of board certification, loss of career specialty, reduction of wages, benefits, or privileges, refusal to award a grant, contract, or other program, refusal to provide residency training opportunities, denial, deprivation, or disqualification of licensure, withholding or disqualifying from financial aid and other assistance, impediment of the creation or improvement of a health care institution or health care payer, impediment of the acquisition or merger of a health care institution or health care payer, the threat of any of the preceding actions, or any other penalty, disciplinary, or retaliatory action, whether executed or threatened.
(b) The term does not include the negotiation or purchase of insurance by a nongovernment entity.
(3) (a) "Health care institution" means a public or private hospital, outpatient center for primary care, medical center, physician organization, professional association, outpatient center for surgical services, private physician's office, pharmacy, long-term care facility, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed.
(b) The term includes but is not limited to organizations, corporations, partnerships, associations, agencies, networks, sole proprietorships, or joint ventures.
(4) "Health care payer" means an employer, health plan, health maintenance organization, insurance company, management services organization, or another entity that pays for or arranges for payment for a health care service, in whole or in part.
(5) "Health care service" means medical research or medical care provided to a patient at any time during the patient's course of treatment, including but not limited to initial examination, testing, diagnosis, referral, dispensing or administration of a drug, medication, or device, psychological therapy or counseling, research, prognosis, therapy, record-making procedures, notes related to treatment, set up, or performance of a surgery or procedure, or any other care or service performed or provided by a medical practitioner.
(6) (a) "Medical practitioner" means a person who is or may be asked to participate in a health care service.
(b) The term includes but is not limited to physicians, nurse practitioners, physician assistants, nurses, nurse aides, allied health professionals, medical assistants, hospital employees, employees of an outpatient center for primary care, outpatient center for surgical services, or long-term care facility, pharmacists, pharmacy technicians, pharmacy employees, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any other person who facilitates or participates in a health care service.
(7) "Participate in a health care service" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing a health care service.
(8) "Person" means one or more individuals, partnerships, associations, or corporations.
History: En. Sec. 1, Ch. 376, L. 2023.