Title 37, Title 37

It shall be the duty of the county attorneys in the counties of the state, under the direction of the attorney general, to institute appropriate proceedings to prevent and restrain such violations. Such proceedings may be by way of complaint setting forth the case and praying tha…

The provisions of 37-2-103(1) do not apply to a medical practitioner with respect to any interest that the medical practitioner owns on July 1, 1971. However, transfer of this interest to another person results in immediate termination of the exemption.

(1) A medical practitioner may not issue a written prescription, to be delivered to a patient or pharmacy, in such a manner that the name of the drug, the dosage, the instructions for use, the printed name or other identifying letters or numbers unique to the medical practitioner…

(1) A member of a utilization review or medical ethics review committee of a hospital or long-term care facility or of a professional utilization committee, peer review committee, medical ethics review committee, or professional standards review committee of a society composed of…

(1) The proceedings and records of a medical assistance program created in chapter 3, 4, 7, 8, 12, or 18 relating to a licensee who has received or is receiving assistance from the medical assistance program: (a) are confidential and are considered to be proceedings and records o…

(1) A person may not be obligated to report information regarding a health care provider to the provider's respective licensing board solely because the health care provider is a participant in a professional program. (2) A professional program and its agents are immune from civi…

(1) If a physician or other practitioner of the healing arts examines or treats a person who the physician or other practitioner believes has a communicable disease or a disease declared reportable by the department of public health and human services, the physician or other prac…

A physician, nurse, or other person licensed to practice a health care profession who is treating the victim of a gunshot wound or stabbing shall as soon as is practicable make a report to a law enforcement officer by the fastest possible means.

A physician or other person reporting pursuant to 37-2-302 is presumed to be acting in good faith and in reporting is immune from any liability, civil or criminal, unless the individual acted in bad faith or with malicious purpose.

In addition to the conduct described in 37-1-316, failure of a health care provider, as defined in 27-6-103, to comply with a policy or practice implementing 28-10-103(3)(a) requiring insurance constitutes unprofessional conduct.

(1) A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth: (a) is appropriate for the services being provided; (b) meets the standard of care …

(1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless: (a) the patient or a person a…

Failure of a health care professional, mental health professional, or physician to adhere to 50-4-1004 constitutes unprofessional conduct, with a mandatory minimum suspension of the ability to practice the person's profession for 1 year.

(1) Any physician who diagnoses a physical or mental condition that, in the physician's judgment, will significantly impair a person's ability to safely operate a motor vehicle may voluntarily report the person's name and other information relevant to the person's condition to th…

A physician reporting in good faith is immune from any liability, civil or criminal, that otherwise might result by reason of the physician's actions pursuant to 37-2-311 except for damages occasioned by gross negligence. An action may not be brought against a physician for not m…

(1) A clinical laboratory or physician providing anatomic pathology services for a patient may present a bill or demand for payment for services furnished by the laboratory or physician only to the following entities: (a) the patient; (b) the patient's insurer or other third-part…

(1) In each 10-year period, the medical assistance programs provided for in chapters 3, 4, 7, 8, 12, and 18 must be audited for performance objectives as determined by each licensing board in chapters 3, 4, 7, 8, 12, and 18 at least twice, as provided in subsections (2) and (3). …

The state of Montana recognizes that the Indian Health Care Improvement Act, 25 U.S.C. 1601, et seq.: (1) provides the federal secretary of health and human services, acting through the Indian health service, with the authority to: (a) establish a community health aide program in…

(1) An individual may, without obtaining a license under this title, provide health care services within the scope of the individual's certification in a practice setting operated by the Indian health service or a tribal health program authorized pursuant to Public Law 93-638, if…

As used in this part, the following definitions apply: (1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a quality assurance committee that may be shared with a medical practitioner, including the medical practi…

A quality assurance program may include but is not limited to the following activities: (1) review of pending malpractice claims; (2) review of quality assurance issues; (3) identification of areas in need of improvement related to quality and appropriateness of patient care; (4)…

(1) It is in the interest of public health and patient medical care that quality assurance committees have access to medical records and other health care information relating to the condition and treatment of the patients of medical practice groups in order to: (a) evaluate matt…

(1) Except as provided in subsection (6), the proceedings of a quality assurance committee of a medical practice group, the data it produces, and the material it considers: (a) must be confidential; (b) may not be considered to be a public record; and (c) may not be subject to di…

(1) Reviews of medical practitioners conducted by a quality assurance committee under this part must comply with the following guidelines: (a) A random review is a review of at least 10 randomly selected patient charts, which must be reviewed by a quality assurance committee. The…

(1) A quality assurance committee may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment and for research and statistical purposes. (2) In any report or publication of findings and conclusions of a quality ass…

This part may be cited as the "Medical Practice Protection Act".

As used in this part, the following definitions apply: (1) "Health care provider" means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. (2) "Labeling" means…

(1) A health care provider may: (a) make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services; (b) make a patient aware of or educate or advise a patient about …

The provisions of this part do not require: (1) a health insurer to cover a lawful health service recommended or provided pursuant to 37-2-503; or (2) a health care facility providing care to a patient to provide a lawful health service recommended pursuant to 37-2-503.

(Temporary) Pediatric complex care assistant -- qualifications -- scope of practice. (1) An individual may not practice as a pediatric complex care assistant unless licensed under Title 37, chapter 1, and this chapter. (2) An applicant for licensure must have: (a) completed a tra…

(Temporary) Rulemaking. The department shall adopt rules to carry out the purposes of 37-2-603, including but not limited to: (1) training and testing requirements for pediatric complex care assistants; (2) application fees; and (3) pediatric complex care assistant scope of pract…

(1) Notwithstanding any provision of state law dealing with confidentiality, each licensee, any professional standards review organization, any professional association, and any other person may report to the licensee's respective board that a licensee is physically or mentally i…

With the exception of the first two violations of hospital policies related to charts, medical records, or other policies not directly associated with the clinical care of a patient, each hospital or health care facility that prohibits or limits the privilege of a physician to pr…

A person, organization, association, society, or health care facility that in good faith provides information to the state board of medical examiners as required by 37-2-703 is not subject to suit for civil damages as a result of providing information.

The willful failure of any person, organization, association, society, or health care facility to comply with 37-2-703 is grounds for suspension of a license or privilege granted by the state of Montana. The agency granting the license or privilege may, in its discretion, suspend…