reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 3. Ambulance Service Licensing › 50-6-327. Administrative enforcement

50-6-327. Administrative enforcement.
(1) If the department believes that there is a violation of this part or a violation of a rule of the department, it may serve notice of the violation upon the alleged violator or the alleged violator's agent. Service of notice must be by certified mail and is complete on the date of mailing.
(2) Notice required under subsection (1) must:
(a) specify the provision of this part or the rule alleged to be violated;
(b) contain a statement of the facts alleged to constitute a violation; and
(c) include an order that the alleged violator take necessary corrective action within a reasonable period of time as stated in the order. The order may include corrective action, such as decertification of a specific vehicle or aircraft from use as an ambulance or restriction on the use of a specific individual or type of or level of service in providing emergency medical service.
(3) An order issued pursuant to subsection (2) becomes final unless the person named in the order requests a hearing before the department. The request for a hearing must be made in writing to the department at least 30 days after the date of service of notice of an alleged violation. On receipt of the request, the department shall schedule a date for a hearing.
(4) If, after a hearing, the department finds that a violation has occurred, it shall either affirm or modify the corrective action order. An order issued by the department after hearing may prescribe the date by which the violation must cease and may prescribe time limits for corrective action. If, after a hearing, the department finds a violation has not occurred, it shall rescind the corrective action order.
History: En. Sec. 11, Ch. 387, L. 1989; amd. Sec. 274, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-401. Definitions

50-6-401. Definitions.
As used in this part, unless the context clearly requires otherwise, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.
(2) "Emergency medical service" means an emergency medical service as defined by 50-6-302.
(3) "Health care facility" or "facility" means a hospital, critical access hospital, or medical assistance facility as defined in 50-5-101.
(4) "Hospital trauma register" means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility.
(5) "Quality improvement" means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards.
(6) "State trauma register" means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system.
(7) "Trauma" means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force.
(8) "Trauma care committee" means the trauma care committee created in 2-15-2216.
(9) "Trauma care system" means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients.
(10) "Trauma facility" means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility.
(11) "Trauma region" means a geographic area, designated by department rule pursuant to 50-6-402, within which trauma services are coordinated and evaluated through a regional trauma care system.
History: En. Sec. 3, Ch. 579, L. 1995; amd. Sec. 4, Ch. 171, L. 1997; amd. Sec. 6, Ch. 192, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-404. Duties of trauma care committee

50-6-404. Duties of trauma care committee.
The trauma care committee provided for in 2-15-2216 shall:
(1) provide recommendations and guidance to the department concerning:
(a) trauma care, including suggestions for changes to the statewide trauma care system;
(b) the implementation of a hospital data collection system; and
(c) the design and implementation of a statewide and regional quality improvement system for trauma care that considers the standards recommended by the American college of surgeons and an accrediting entity approved by the U.S. centers for medicare and medicaid services;
(2) assist the department in conducting statewide quality improvement and peer review functions by regularly analyzing the effect of the statewide trauma care system on patient care, morbidity, and mortality; and
(3) provide recommendations to and oversight and coordination of the activities of the regional trauma care advisory committees.
History: En. Sec. 6, Ch. 579, L. 1995; amd. Sec. 6, Ch. 171, L. 1997; amd. Sec. 5, Ch. 131, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-410. Department designation of trauma facility -- revocation of designation -- appeal

50-6-410. Department designation of trauma facility -- revocation of designation -- appeal.
(1) In order to be designated as a trauma facility, a health care facility shall submit to the department an application, on a form specified by the department, that provides the information required by department rule.
(2) Upon receipt of a completed application for designation as a trauma facility, the department shall review the application for compliance with standards adopted by the department for designation of trauma care facilities. If the facility meets the standards adopted by the department, the department shall designate the facility as a trauma care facility, specifying the level of trauma care determined by the department to be appropriate for the facility.
(3) The department may revoke a designation as a trauma care facility if the facility no longer meets the requirements for designation or otherwise violates a department standard required to maintain designation.
(4) The department shall notify the applicant in writing of the department's decision to approve, deny, or revoke a health care facility's designation as a trauma facility.
(5) A health care facility that submitted an application pursuant to subsection (1) may appeal a department decision refusing to designate the facility, a decision designating the facility for a different level of trauma care than requested by the facility, or a decision to revoke a designation as a trauma facility. In order to appeal the decision, the health care facility shall submit a written request for a hearing to the department within 30 days after the facility receives notice of the department's decision. The hearing on the appeal must be conducted pursuant to 2-4-604.
(6) Unless the appellant agrees to an extension of time, the department shall, within 30 days of its decision in an appeal pursuant to subsection (5), serve the appellant with written findings and conclusions that form the basis for the department's decision.
History: En. Sec. 7, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-411. Regional trauma care advisory committees

50-6-411. Regional trauma care advisory committees.
(1) Each trauma facility designated by the department pursuant to 50-6-410 shall appoint one representative to a regional trauma care advisory committee for the region in which the facility is located.
(2) Members of a regional trauma care advisory committee serve 4-year terms, except that one-half of the members initially appointed shall, as determined by lot, serve 2-year terms. If a vacancy occurs, the appointing authority shall appoint a replacement to fill the unexpired term. Members may be reappointed and may be removed for cause by the appointing authority.
(3) Members of a regional trauma care advisory committee shall elect a presiding officer who shall serve a term of 2 years.
(4) Members of a regional trauma care advisory committee do not receive compensation from the state and may not be reimbursed by the state for their expenses.
(5) Regional trauma care advisory committees have the duties provided in 50-6-412.
History: En. Sec. 8, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-412. Duties of regional trauma care advisory committees

50-6-412. Duties of regional trauma care advisory committees.
A regional trauma care advisory committee shall:
(1) establish standards, policies, procedures, and protocols for the regional trauma care system;
(2) conduct regional trauma care quality improvement, including receipt of reports prepared by the department containing trauma care data and making recommendations to trauma care facilities within the region based upon those reports;
(3) advise the trauma care committee concerning the statewide trauma care system;
(4) establish trauma education and injury prevention programs;
(5) provide advice concerning trauma care to health care facilities and other providers of health care;
(6) perform other duties required by department rule; and
(7) conduct other activities needed to ensure optimal delivery of trauma care services within the region.
History: En. Sec. 9, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 4. State Trauma Care System › 50-6-415. Confidentiality

50-6-415. Confidentiality.
(1) Data in a health care facility's hospital trauma register and reports developed from that data pertaining to quality of trauma care may be given by the facility only to:
(a) the facility's peer review committee;
(b) the regional trauma care advisory committee of the region in which the facility is located;
(c) the trauma care committee; or
(d) the department.
(2) Data in the state trauma register and hospital trauma registers is not subject to discovery in a civil action and may not be introduced into evidence in a judicial or administrative proceeding.
(3) Data and reports concerning peer review, quality improvement, or the quality of the trauma care provided by a health care facility or a health care provider that are produced by a regional trauma care advisory committee or the trauma care committee or provided by a health care facility to a regional trauma care advisory committee or the trauma care committee, as well as the proceedings of those committees concerning peer review and quality improvement, are not subject to discovery in a civil action and may not be introduced into evidence in a judicial or administrative proceeding.
(4) A statistical report on trauma and trauma care developed by the department that does not identify specific health care facilities, health care providers, or patients is not confidential and is considered public information.
(5) A statistical report developed by a health care facility from information in its hospital trauma register that does not pertain to peer review or quality improvement is not confidential and is considered public information.
(6) Information in a department record or report that is used to evaluate and improve the quality of emergency medical service and trauma care by a health care facility or emergency medical service is not subject to discovery and may not be introduced in evidence in a judicial or administrative proceeding.
(7) Information in a department record or report that is used to determine whether a health care facility will be designated or lose its designation as a trauma care facility is not confidential and is considered public information.
(8) A standard or protocol adopted by the department pursuant to this part may not be used to demonstrate negligence or lack of negligence by a health care provider or health care facility to whom the standard or protocol applies.
History: En. Sec. 10, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-501. Definitions

50-6-501. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Automated external defibrillator" or "AED" means a medical device that:
(a) has received approval for marketing from the U.S. food and drug administration;
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining, without intervention by an operator, whether defibrillation should be performed;
(c) upon determining that defibrillation should be performed, automatically charges and indicates that it is ready to deliver an electrical impulse to an individual's heart; and
(d) may be used by an operator of the device to deliver an electrical impulse to an individual's heart.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Emergency medical service" means an emergency medical service as defined by 50-6-302.
(4) "Entity" means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization.
(5) "Physician" means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3.
(6) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.
History: En. Sec. 2, Ch. 335, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-502. AED program -- requirements for AED use

50-6-502. AED program -- requirements for AED use.
In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:
(1) establish a program for the use of an AED that includes a written plan that complies with this part and rules adopted by the department pursuant to 50-6-503. The plan must specify:
(a) where the AED will be placed;
(b) the individuals who are authorized to operate the AED;
(c) how AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;
(d) the medical oversight that will be provided;
(e) the maintenance that will be performed on the AED;
(f) records that will be kept by the program;
(g) reports that will be made of AED use; and
(h) other matters as specified by the department;
(2) adhere to the written plan required by subsection (1);
(3) ensure that before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED;
(4) maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED;
(5) each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the department as required by the written plan;
(6) before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:
(a) a copy of the plan prepared pursuant to this section; and
(b) written notice, in a format prescribed by department rules, stating:
(i) that an AED program is established by the entity;
(ii) where the AED is located; and
(iii) how the use of the AED is to be coordinated with the local emergency medical service system; and
(7) comply with this part and rules adopted by the department pursuant to 50-6-503.
History: En. Sec. 3, Ch. 335, L. 1999; amd. Sec. 1, Ch. 291, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-503. Rulemaking

50-6-503. Rulemaking.
(1) The department shall adopt rules specifying the following:
(a) the contents of the written notice required by 50-6-502(6);
(b) reporting requirements for each use of an AED;
(c) the contents of a plan prepared in accordance with 50-6-502 and requirements applicable to the subject matter of the plan;
(d) training requirements in cardiopulmonary resuscitation and AED use for any individual authorized by an AED program plan to use an AED;
(e) guidelines for medical oversight of an AED program;
(f) minimum requirements for a medical protocol for use of an AED;
(g) performance requirements for an AED in order for the AED to be used in an AED program; and
(h) a list of the AED training programs approved by the department.
(2) The department may not adopt rules for any purpose other than those in subsection (1).
History: En. Sec. 4, Ch. 335, L. 1999; amd. Sec. 2, Ch. 291, L. 2007; amd. Sec. 84, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-504. Enforcement -- cessation order -- hearing -- injunction

50-6-504. Enforcement -- cessation order -- hearing -- injunction.
(1) If the department receives information that an AED is being used in violation of this part or a rule adopted by the department pursuant to 50-6-503, it may send a written order to the entity responsible for use of the AED, as specified in the plan prepared pursuant to 50-6-502, ordering the entity to cease the violation immediately. The order is effective upon receipt by the entity, and the entity shall comply with the terms of the order. If the department receives information that the violation has been corrected, the department may rescind its order by sending a notice to that effect to the entity. The rescission is effective upon its receipt by the entity.
(2) The entity may request a hearing to contest an order issued by the department pursuant to subsection (1) by submitting a written request to the department within 30 days after receipt of the order. A request for a hearing does not stay the enforceability of the department's order. The hearing must be held within 30 days after the department receives the request, unless the hearings officer sets a later date for good cause. The hearing must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
(3) Either the county attorney for the county in which the violation occurred or the department may bring an action in the district court of the county where the violation occurred to enforce the department's order or to directly enjoin a violation of this part or a rule adopted pursuant to 50-6-503.
History: En. Sec. 5, Ch. 335, L. 1999; amd. Sec. 20, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-505. Liability limitations

50-6-505. Liability limitations.
(1) An individual who provides emergency care or treatment by using an AED in compliance with this part and rules adopted by the department pursuant to 50-6-503 and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.
(2) The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity:
(a) a person providing medical oversight of the AED program, as designated in the plan prepared pursuant to 50-6-502;
(b) the entity responsible for the AED program, as designated in the plan prepared pursuant to 50-6-502;
(c) an individual providing training to others on the use of an AED.
History: En. Sec. 6, Ch. 335, L. 1999; amd. Sec. 3, Ch. 291, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 6. Emergency Medical Services › Part 5. Automated External Defibrillator Programs › 50-6-506. Exemptions

50-6-506. Exemptions.
This part does not apply to the use of an AED by:
(1) a patient or the patient's caretaker if use of the AED is ordered by a physician; or
(2) a licensed health care professional, including an emergency care provider, whose scope of practice includes the use of an AED.
History: En. Sec. 7, Ch. 335, L. 1999; amd. Sec. 25, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 1. General Provisions (Repealed) › 50-7-101. Repealed

50-7-101. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7301 by Sec. 1, Ch. 383, L. 1977; R.C.M. 1947, 69-7301.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 1. General Provisions (Repealed) › 50-7-102. Repealed

50-7-102. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7309 by Sec. 9, Ch. 383, L. 1977; R.C.M. 1947, 69-7309.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 1. General Provisions (Repealed) › 50-7-103. Repealed

50-7-103. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7310 by Sec. 10, Ch. 383, L. 1977; R.C.M. 1947, 69-7310(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 1. General Provisions (Repealed) › 50-7-104. Repealed

50-7-104. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7310 by Sec. 10, Ch. 383, L. 1977; R.C.M. 1947, 69-7310(1), (3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-201. Repealed

50-7-201. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(1), (2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-202. Repealed

50-7-202. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(5) thru (7).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-203. Repealed

50-7-203. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-204. Repealed

50-7-204. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-205. Repealed

50-7-205. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(9).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 2. Certificates of Need (Repealed) › 50-7-206. Repealed

50-7-206. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7303 by Sec. 3, Ch. 383, L. 1977; R.C.M. 1947, 69-7303(8).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-301. Repealed

50-7-301. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-302. Repealed

50-7-302. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-303. Repealed

50-7-303. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(3), (4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-304. Repealed

50-7-304. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7308 by Sec. 8, Ch. 383, L. 1977; R.C.M. 1947, 69-7308.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-305. Repealed

50-7-305. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7304 by Sec. 4, Ch. 383, L. 1977; R.C.M. 1947, 69-7304.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-306. Repealed

50-7-306. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7305 by Sec. 5, Ch. 383, L. 1977; R.C.M. 1947, 69-7305.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-307. Repealed

50-7-307. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7306 by Sec. 6, Ch. 383, L. 1977; R.C.M. 1947, 69-7306.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-308. Repealed

50-7-308. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7302 by Sec. 2, Ch. 383, L. 1977; R.C.M. 1947, 69-7302(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 7. Home Health Agencies (Repealed) › Part 3. Licenses (Repealed) › 50-7-309. Repealed

50-7-309. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. 69-7307 by Sec. 7, Ch. 383, L. 1977; R.C.M. 1947, 69-7307.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 8. One-Step Facility Licensing › Part 1. General › 50-8-101. Definitions

50-8-101. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Facility" means:
(a) nonmedical facilities including:
(i) mental health transitional living facilities; and
(ii) inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;
(b) community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;
(c) youth care facilities;
(d) public accommodations, including roominghouses, retirement homes, hotels, and motels;
(e) health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;
(f) freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and
(g) assisted living facilities.
(3) "Inspecting authority" means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure.
(4) "Licensing agency" means the agency that is authorized by statute to issue the license.
History: En. Sec. 1, Ch. 356, L. 1983; amd. Sec. 66, Ch. 609, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 101, Ch. 418, L. 1995; amd. Sec. 275, Ch. 546, L. 1995; amd. Sec. 7, Ch. 54, L. 2003; amd. Sec. 7, Ch. 68, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 8. One-Step Facility Licensing › Part 1. General › 50-8-102. One-step licensing required

50-8-102. One-step licensing required.
The department shall provide one-step licensing of all facilities under its jurisdiction. One-step licensing is at a minimum the provision of a designated office within the department or, by agreement between departments, in another department, responsible for issuing facility licenses. The one-step licensing office shall facilitate intradepartmental certifications for licensure. When practicable, one-step licensure also includes:
(1) the coordination of all governmental licensing functions, state and local, required for the licensure of a facility for a program or a service and for health and safety standards. The coordination must include at a minimum the names, addresses, and functions of all governmental authorities enforcing such standards and may include the requirement that the responsible office be a clearinghouse for all forms and applications for other agencies and for assuming the responsibility for insuring timely inspections, reviews, and application processing by other agencies.
(2) the use of departmental employees to inspect specified types of facilities for particular health and safety standards as provided in 50-8-105.
History: En. Sec. 2, Ch. 356, L. 1983; amd. Sec. 276, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 8. One-Step Facility Licensing › Part 1. General › 50-8-105. Inspections by employees of other department

50-8-105. Inspections by employees of other department.
(1) Each department may, by joint rule with a state agency or by interlocal agreement with other governmental entities, authorize departmental employees to perform specific health and safety inspections for certain classes of facilities under the jurisdiction of another department or agency. Such inspections may be limited by type of facility, scope of inspection, and type of inspection, such as original application, renewal application, routine or unannounced inspection, or other identifiable inspection situations.
(2) The inspecting authority, prior to authorizing employees of another department or agency to make an inspection, may require minimal standards of knowledge or training relevant to the type of inspection to be conducted. The inspecting authority may require periodic reexamination of such employees for necessary knowledge and ability.
(3) The inspecting authority delegates authority to the employees of another department or agency and is responsible for the quality of the inspections. The inspecting authority shall perform an inspection delegated to such an employee if the other department or agency or the head of the facility believes that the inspection situation is unique or that the employee is in error. The result of an inspection by the inspecting authority takes precedence over an inspection by an employee of another department or agency.
History: En. Sec. 3, Ch. 356, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-101. Short title

50-9-101. Short title.
This chapter may be cited as the "Montana Rights of the Terminally Ill Act".
History: En. Sec. 1, Ch. 369, L. 1985; amd. Sec. 1, Ch. 391, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-104. Revocation of declaration

50-9-104. Revocation of declaration.
(1) A declarant may revoke a declaration at any time and in any manner, without regard to mental or physical condition. A revocation is effective upon its communication to the attending physician, attending advanced practice registered nurse, or other health care provider by the declarant or a witness to the revocation. A health care provider or emergency medical services personnel witnessing a revocation shall act upon the revocation and shall communicate the revocation to the attending physician or attending advanced practice registered nurse at the earliest opportunity. A revocation communicated to a person other than the attending physician, attending advanced practice registered nurse, emergency medical services personnel, or health care provider is not effective unless the attending physician or attending advanced practice registered nurse is informed of it before the qualified patient is in need of life-sustaining treatment.
(2) The attending physician, attending advanced practice registered nurse, or other health care provider shall make the revocation a part of the declarant's medical record.
History: En. Sec. 4, Ch. 369, L. 1985; amd. Sec. 2, Ch. 475, L. 1989; amd. Sec. 4, Ch. 391, L. 1991; amd. Sec. 3, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-105. When declaration operative

50-9-105. When declaration operative.
(1) A declaration becomes operative when:
(a) it is communicated to the attending physician or attending advanced practice registered nurse; and
(b) the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment.
(2) Except as provided in 72-17-216, when the declaration becomes operative, the attending physician or attending advanced practice registered nurse and other health care providers shall act in accordance with its provisions and with the instructions of a designee under 50-9-103(1) or comply with the transfer requirements of 50-9-203.
History: En. Sec. 11, Ch. 391, L. 1991; amd. Sec. 4, Ch. 240, L. 2003; amd. Sec. 2, Ch. 345, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-106. Consent by others to withholding or withdrawal of treatment

50-9-106. Consent by others to withholding or withdrawal of treatment.
(1) If a written consent to the withholding or withdrawal of the treatment, witnessed by two individuals, is given to the attending physician or attending advanced practice registered nurse, the attending physician or attending advanced practice registered nurse may withhold or withdraw life-sustaining treatment from an individual who:
(a) has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and
(b) has no effective declaration.
(2) The authority to consent or to withhold consent under subsection (1) may be exercised by the following individuals, in order of priority:
(a) the spouse of the individual;
(b) an adult child of the individual or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;
(c) the parents of the individual;
(d) an adult sibling of the individual or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or
(e) the nearest other adult relative of the individual by blood or adoption who is reasonably available for consultation.
(3) A full guardian may consent or withhold consent under subsection (1) as provided in 72-5-321.
(4) If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide or if it declines to decide, the next class is authorized to decide. However, an equal division in a class does not authorize the next class to decide.
(5) A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the individual.
(6) A decision of the attending physician or attending advanced practice registered nurse acting in good faith that a consent is valid or invalid is conclusive.
(7) Life-sustaining treatment cannot be withheld or withdrawn pursuant to this section from an individual known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.
History: En. Sec. 12, Ch. 391, L. 1991; amd. Sec. 5, Ch. 240, L. 2003; amd. Sec. 1, Ch. 480, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-107. When health care provider may presume validity of declaration

50-9-107. When health care provider may presume validity of declaration.
In the absence of knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid.
History: En. Sec. 13, Ch. 391, L. 1991; amd. Sec. 6, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-108. Effect of previous declaration

50-9-108. Effect of previous declaration.
An instrument executed before October 1, 1991, that substantially complies with 50-9-103(1) is effective under this chapter.
History: En. Sec. 14, Ch. 391, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 1. General › 50-9-111. Recognition of declarations executed in other states

50-9-111. Recognition of declarations executed in other states.
A declaration executed in a manner substantially similar to 50-9-103 in another state and in compliance with the law of that state is effective for purposes of this chapter.
History: En. Sec. 11, Ch. 369, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-201. Recording determination of terminal condition and content of declaration

50-9-201. Recording determination of terminal condition and content of declaration.
Upon determining that a declarant is in a terminal condition, the attending physician or attending advanced practice registered nurse who knows of a declaration shall record that determination and the terms of the declaration in the declarant's medical record.
History: En. Sec. 5, Ch. 369, L. 1985; amd. Sec. 5, Ch. 391, L. 1991; amd. Sec. 7, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-202. Treatment of qualified patients

50-9-202. Treatment of qualified patients.
(1) A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so.
(2) This chapter does not affect the responsibility of the attending physician, attending advanced practice registered nurse, or other health care provider to provide treatment, including nutrition and hydration, for a patient's comfort care or alleviation of pain.
(3) Life-sustaining treatment cannot be withheld or withdrawn pursuant to a declaration from an individual known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.
History: En. Sec. 6, Ch. 369, L. 1985; amd. Sec. 6, Ch. 391, L. 1991; amd. Sec. 8, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-203. Transfer of patients

50-9-203. Transfer of patients.
An attending physician, attending advanced practice registered nurse, or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician, advanced practice registered nurse, or health care provider who is willing to do so. If the policies of a health care facility preclude compliance with the declaration of a qualified patient under this chapter, that facility shall take all reasonable steps to transfer the patient to a facility in which the provisions of this chapter can be carried out.
History: En. Sec. 7, Ch. 369, L. 1985; amd. Sec. 7, Ch. 391, L. 1991; amd. Sec. 9, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-204. Immunities

50-9-204. Immunities.
(1) In the absence of actual notice of the revocation of a declaration, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:
(a) a physician or advanced practice registered nurse who causes the withholding or withdrawal of life-sustaining treatment from a qualified patient;
(b) a person who participates in the withholding or withdrawal of life-sustaining treatment under the direction or with the authorization of a physician or advanced practice registered nurse;
(c) emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining treatment under the direction of or with the authorization of a physician or advanced practice registered nurse or who on receipt of reliable documentation follow a living will protocol;
(d) emergency medical services personnel who proceed to provide life-sustaining treatment to a qualified patient pursuant to a revocation communicated to them; and
(e) a health care facility in which withholding or withdrawal occurs.
(2) A health care provider whose action under this chapter is in accord with reasonable medical standards is not subject to civil or criminal liability or discipline for unprofessional conduct with respect to that decision.
(3) A health care provider whose decision about the validity of consent under 50-9-106 is made in good faith is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.
(4) An individual designated pursuant to 50-9-103(1) or an individual authorized to consent pursuant to 50-9-106, whose decision is made or consent is given in good faith pursuant to this chapter, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to that decision.
History: En. Sec. 8, Ch. 369, L. 1985; amd. Sec. 3, Ch. 475, L. 1989; amd. Sec. 8, Ch. 391, L. 1991; amd. Sec. 10, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-205. Effect on insurance -- patient's decision

50-9-205. Effect on insurance -- patient's decision.
(1) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.
(2) The making of a declaration pursuant to 50-9-103 does not affect the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated by the withholding or withdrawal of life-sustaining treatment from an insured, notwithstanding any term of the policy to the contrary.
(3) A person may not prohibit or require the execution of a declaration as a condition for being insured for or receiving health care services.
(4) This chapter does not create a presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition.
(5) This chapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.
(6) This chapter does not require a health care provider to take action contrary to reasonable medical standards.
(7) This chapter does not condone, authorize, or approve mercy killing or euthanasia.
History: En. Sec. 10, Ch. 369, L. 1985; amd. Sec. 9, Ch. 391, L. 1991; amd. Sec. 11, Ch. 240, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 9. Rights of the Terminally Ill Act › Part 2. Effect on Health Care -- Rights and Duties › 50-9-206. Penalties

50-9-206. Penalties.
(1) A health care provider who willfully fails to transfer the care of a patient in accordance with 50-9-203 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(2) A physician or advanced practice registered nurse who willfully fails to record the determination of terminal condition or the terms of a declaration in accordance with 50-9-201 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(3) An individual who purposely conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(4) An individual who falsifies or forges the declaration of another individual or purposely conceals or withholds personal knowledge of a revocation as provided in 50-9-104 is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(5) A person who requires or prohibits the execution of a declaration as a condition for being insured for or receiving health care service is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(6) A person who coerces or fraudulently induces an individual to execute a declaration is guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 1 year, or both.
(7) The penalties provided in this section do not displace any sanction applicable under other law.
History: En. Sec. 9, Ch. 369, L. 1985; amd. Sec. 10, Ch. 391, L. 1991; amd. Sec. 12, Ch. 240, L. 2003.