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MontanaHB 45869th Legislature, Regular Session (2025)House

Generally revise laws related to physician assistants

Sponsored By: Jodee Etchart (Republican)

Became Law

Health Care ServicesProfessions and Occupations O-ZCivil ProcedureLiabilityRemedies

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Malpractice pain and suffering capped at $250,000

The law caps total "pain and suffering" (noneconomic) damages in a malpractice case at $250,000 per patient for one incident. The cap applies to all claims from that patient, even against multiple providers. If one incident injures several unrelated patients, each has a separate $250,000 limit. Courts cut awards above $250,000 down to that amount; when both past and future noneconomic damages are in one case, courts reduce future amounts first. You must prove separate injuries came from different acts to seek more than one cap. Courts then apply other required legal reductions in a set order and any setoffs or credits for defendants. Juries are not told about the cap. Future noneconomic damages are not discounted to present value.

Physician assistants under malpractice cap

The law adds physician assistants to the list of health care providers. Malpractice claims against a physician assistant follow the same $250,000 noneconomic damages cap and rules. This lowers liability risk for physician assistants. It can also limit what patients recover from a physician assistant for pain and suffering.

Sponsors & Cosponsors

Sponsor

  • Jodee Etchart

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 277 • No: 17

House vote • 4/11/2025

Do Concur

Yes: 43 • No: 5

House vote • 4/10/2025

Do Concur

Yes: 44 • No: 5

House vote • 2/28/2025

Do Pass

Yes: 95 • No: 3

House vote • 2/27/2025

Do Pass

Yes: 95 • No: 4

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House

  2. Signed by Governor

    5/1/2025House

  3. Transmitted to Governor

    4/24/2025House

  4. Signed by President

    4/24/2025Senate

  5. Signed by Speaker

    4/23/2025House

  6. Returned from Enrolling

    4/16/2025House

  7. Sent to Enrolling

    4/11/2025House

  8. 3rd Reading Concurred

    4/11/2025Senate

  9. 2nd Reading Concurred

    4/10/2025Senate

  10. Committee Report--Bill Concurred

    3/25/2025Senate

  11. Committee Executive Action--Bill Concurred

    3/24/2025Senate

  12. Hearing

    3/24/2025Senate

  13. Referred to Committee

    3/3/2025Senate

  14. Transmitted to Senate

    2/28/2025House

  15. 3rd Reading Passed

    2/28/2025House

  16. 2nd Reading Passed

    2/27/2025House

  17. 2nd Reading Pass Consideration

    2/26/2025House

  18. Fiscal Note Printed

    2/22/2025House

  19. Committee Report--Bill Passed as Amended

    2/21/2025House

  20. Fiscal Note Signed

    2/21/2025House

  21. Fiscal Note Received

    2/21/2025House

  22. Committee Executive Action--Bill Passed as Amended

    2/19/2025House

  23. Hearing

    2/14/2025House

  24. First Reading

    2/12/2025House

  25. Referred to Committee

    2/12/2025House

Bill Text

  • Enrolled

    4/14/2025

    PDF

  • As Amended (Version 2)

    2/22/2025

    PDF

  • Introduced

    2/12/2025

    PDF

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