Title 50, Title 50

(1) As soon as practicable and before a patient's discharge, the hospital shall: (a) consult with the lay caregiver and the patient; (b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and (c) provide the lay caregiver with an opportu…

(1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive. (2) Designation as a lay caregiver by itself does not: (a) constitute designation as a legal representative; or (b) authorize the lay caregiver to mak…

Nothing in this part shall delay or otherwise affect: (1) the medical care provided to the patient; or (2) an appropriate discharge or transfer of the patient.

(1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship. (2) A hos…

(1) The public welfare requires the providing of assistance and encouragement for the development of an emergency care system for Montanans who each year are dying and suffering permanent disabilities needlessly because of inadequate medical services. The repeated loss of persons…

The department of public health and human services shall establish and administer an emergency medical services program.

(1) The department of public health and human services is authorized to confer and cooperate with any other persons, organizations, and governmental agencies that have an interest in the emergency medical services program and community-integrated health care. (2) The department i…

The department of public health and human services, the department of labor and industry, and other interested departments or divisions shall develop in writing a mutually agreeable plan of cooperation so that governmental efforts are not duplicated and governmental resources are…

(1) The department of labor and industry, in consultation with the department of public health and human services, shall establish patient care standards for: (a) out-of-hospital emergency medical treatment and interfacility transportation; and (b) community-integrated health car…

(1) The legislature finds and declares that a program for emergency care providers is required in order to provide the safest and most efficient delivery of emergency and community-integrated health care. (2) The legislature further finds that prompt and efficient emergency medic…

As used in this part, the following definitions apply: (1) "Community-integrated health care" means the provision of out-of-hospital medical services that an emergency care provider with an endorsement may provide as determined by department of labor and industry rule. (2) "Emerg…

(1) The department of labor and industry, after consultation with the department of public health and human services and other appropriate departments, associations, and organizations, shall adopt rules implementing this part, including but not limited to: (a) training and licens…

An emergency care provider may not be subject to civil liability for failure to obtain consent in performing acts as authorized in this part to any individual regardless of age when the patient is unable to give consent and there is no other person present legally authorized to c…

This part may not be construed to detract from the powers granted to the department of public health and human services to regulate emergency medical services provided for in part 3 of this chapter.

An emergency care provider may provide patient care in a health care facility when the care is approved by the health care facility, provided under online medical direction as defined in 50-6-302, and within the scope of the emergency care provider's licensure level.

The legislature finds and declares that: (1) the public welfare requires the establishment of minimum uniform standards for the operation of emergency medical services; (2) the control, inspection, and regulation of persons providing emergency medical services or community-integr…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Aircraft" has the meaning provided in 67-1-101. The term includes any fixed-wing airplane or helicopter. (2) (a) "Ambulance" means a privately or publicly owned motor vehicle or air…

(1) The department may enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this part. (2) The department may accept and administer any gift, grant, or donation of funds to carry out the purpo…

(1) A person may not conduct or operate an emergency medical service without first obtaining a license from the department. A separate license is required for each type and level of service. (2) Applications for a license must be made in writing to the department on forms specifi…

(1) There must be paid to the department, with each application for a license or for renewal of a license, a license fee of $35. (2) The department shall deposit fees with the state treasurer to the credit of the state general fund. (3) Payment of the license fee stipulated in th…

The department may cancel a license if it finds that the licensee has: (1) violated any provision of this part or any rule of the department or order of the department; and (2) failed or refused to remedy or correct the violation.

(1) The department may not deny or cancel a license without: (a) delivery to the applicant or licensee of a written statement of the grounds for the denial or cancellation or the charge involved; (b) an opportunity to answer at a hearing before the department to show cause, if an…

On cancellation of a license, the license certificate shall be returned to the department for destruction or deletion as the department may direct in its notice of cancellation.

(1) The department shall make necessary investigations and inspections for enforcement of this part. (2) The department shall make regular inspections as the rules of the department may direct and special inspections that it considers necessary. (3) The department has free access…

In any proceeding under this part, the department may administer oaths, issue subpoenas, summon witnesses, and take testimony of any person within the state.

When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person violating this part or any rule of the department or order issued by the department.

(1) Any person violating any provision of this part or any rule of the department or order issued by the department is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $100 for the first offense, not less than $75 or more than $200 for the…

(1) A physician, physician assistant, or registered nurse licensed under the laws of this state who provides online medical direction to a member of an emergency medical service without compensation or for compensation not exceeding $5,000 in any 12-month period and whose profess…

(1) The legislature finds that there is a need to assist Montana consumers with regard to the availability and affordability of air ambulance service. (2) Except as provided in subsection (3), a private air ambulance service that solicits membership subscriptions, accepts members…

An emergency medical service that is staffed primarily by volunteer emergency care providers may staff an ambulance with one emergency care provider licensed at an emergency medical technician-basic level or higher and one driver trained in the operation of emergency vehicles for…

(1) The department has general authority to supervise and regulate emergency medical services in Montana. (2) Upon referral by the department of labor and industry pursuant to 50-6-105, the department shall review and may investigate complaints relating to the operation of any em…

(1) The department may establish an advisory committee to assist in making determinations regarding: (a) a request for waiver of licensing requirements as provided in 50-6-325; (b) the resolution of a complaint as described in 50-6-323; and (c) issuance of an order authorized und…

(1) The department may waive any licensing requirements under this part upon submission and approval of a written application for waiver by a person subject to licensing under this part. (2) The department may waive a licensing requirement if the person provides sufficient justif…

(1) The department may seek an injunction from an appropriate district court to require compliance with this part or to require compliance with a rule of the department or an order issued by the department. The court to which the department applies for an injunction may issue a t…

(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 dat…

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…

(1) The department shall plan, coordinate, implement, and administer a statewide trauma care system that involves all health care facilities and emergency medical services within the state. The department shall also develop and adopt a statewide trauma care system plan and a stat…

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; a…

(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 …

(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, e…

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 …

(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…

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 recogn…

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall: (1) provide written notice of where the AED is to be placed to the public safety answering point for the jurisdiction where the AED is located; (2) maintain, test, and operate…

In the event of a violation of a provision of this part, either the county attorney for the county in which the violation occurred or the department of public health and human services may bring an action in the district court of the county where the violation occurred to directl…

(1) An individual who provides emergency care or treatment by using an AED in compliance with this part 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…