Title 50, Title 50

As used in this part, the following definitions apply: (1) "Administer" means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means. (2) "Department" means the department of public health and human service…

(1) The state medical officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients. (2) A standing order must specify, at a minimum: (a) the opioid antagonist formulations and means of administration that are approved for d…

A medical practitioner may prescribe, directly, by a standing order, or by a collaborative practice agreement, or dispense, as permitted under 37-2-104, an opioid antagonist to an eligible recipient. The medical practitioner shall document the reasons for which the opioid antagon…

(1) A prescription issued pursuant to 50-32-604 or 50-32-605 must designate the eligible recipient as the patient, regardless of the eligible recipient's status as an individual, organization, agency, or other entity. Except as provided in 50-32-605, the prescription must be disp…

(1) An eligible recipient to whom an opioid antagonist is prescribed, dispensed, or distributed pursuant to 50-32-604 through 50-32-606 and who has received the instruction and information provided for in 50-32-606 may do any of the following: (a) possess and store the opioid ant…

(1) A prescription issued pursuant to 50-32-604 or 50-32-605 is considered to have been issued for a legitimate medical purpose in the usual course of a professional practice. (2) Except for injury or damages arising from gross negligence, willful or wanton misconduct, or an inte…

(1) The provisions of 45-5-626, 45-9-102, 45-9-107, and 45-10-103 do not apply to: (a) a person who, acting in good faith, seeks medical assistance for another person who is experiencing an actual or reasonably perceived drug-related overdose if the evidence supporting an arrest,…

The department may apply for and award grants to further the purposes outlined in 50-32-601 through 50-32-607.

The department may adopt rules regarding opioid antagonist instruction, training, and reporting, as provided for in 50-32-606 and 50-32-607.

Each container or package containing any whole blood, plasma, blood products, or blood derivatives sold by a blood bank shall have plainly stamped or printed thereon the fact that the product therein was tested as required in 50-33-104, giving the date of the test and such inform…

The furnishing of and the injecting, transfusing, transplanting, or transferring into the human body of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones by a hospital, long-term care facility, or doctor of any such substances obtained from an…

No physician, long-term care facility, or hospital may be held liable, in the absence of fault or negligence on the part of such a hospital, long-term care facility, or doctor, for injuries resulting from the furnishing or performing of such services.

No blood bank or tissue bank may be held liable in the absence of fault or negligence for injuries resulting from the injecting, transfusing, transplanting, or transferring of whole blood, plasma, blood products, blood derivatives, human tissue, organs, or bones supplied by any s…

The term "fireworks" means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman cand…

(1) Nothing in this chapter shall be construed to prohibit the sale of any kind of fireworks to a person holding a permit issued under 50-37-107 at the display covered by such permits, the use of fireworks by railroads or other transportation agencies for signal purposes or illum…

(1) It is unlawful to possess, sell, transport, or use any fireworks within the state except as provided in this chapter. (2) It is unlawful for an individual under the age of 18 to possess for sale, sell, or offer for sale within the state permissible fireworks enumerated in 50-…

(1) Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. At any place where permissible fireworks…

Permissible fireworks include and are limited to those that meet the definition of consumer fireworks as provided in 27 CFR 555.11 and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in…

A person, firm, or corporation may offer permissible fireworks, as defined in 50-37-105, of any kind for sale at retail only during the following periods: (1) June 24 through July 5; and (2) December 29 through December 31.

(1) The state fire prevention and investigation section of the department of justice or the governing body of a city, town, or county may, under reasonable rules adopted by them, grant permits for supervised public displays of fireworks to be held by municipalities, fair associat…

The state fire prevention and investigation section or the governing body of the city, town, or county shall require a person planning a public display of fireworks to provide proof of general liability insurance in a reasonable amount as determined by rules adopted by the depart…

A representative of the state fire prevention and investigation section or any sheriff, police officer, constable, officer of a governmental fire agency organized under Title 7, chapter 33, or firewarden shall seize, take, remove, or cause to be removed at the expense of the owne…

Any person, firm, partnership, association, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 or more than $500 or, in the case of individuals, the members of a partnershi…

(1) A person or entity shall obtain a license from the department of labor and industry before engaging in the business of servicing fire extinguishers or before engaging in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression syste…

(1) An application for a license and any endorsements must be made on a form prescribed by the department of labor and industry. (2) The department shall issue a license and endorsement to an applicant who: (a) submits satisfactory proof that the applicant is properly equipped an…

When requested by the department of labor and industry, the department of justice shall conduct inspections of the applicant's business facilities and shall report to the department of labor and industry the results of its inspection. The department of labor and industry may cons…

The department of labor and industry may adopt rules to implement this part.

As used in this chapter, the following definitions apply: (1) "Apprentice" means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a…

This part may be cited as the "Montana Clean Indoor Air Act of 1979".

The legislature finds and declares that the purposes of this part are as follows: (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to recognize the right of nonsmokers to breathe smoke-free air; and (3) to recogniz…

As used in this part, the following definitions apply: (1) "Bar" means an establishment with a license issued pursuant to Title 16, chapter 4, that is devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food is o…

(1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited. (2) The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, …

The provisions of this part must be supervised and enforced by the department and the department's designees, local boards of health, and the boards' designees under the direction of the department.

The department shall adopt rules to implement this part.

(1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104. A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100. (2) A person who owns, manag…

(1) In all parts of buildings maintained by a political subdivision, smoking is prohibited as provided in this section. (2) Buildings owned and occupied by a political subdivision only and buildings leased and occupied by a political subdivision only must be smoke-free. In a buil…

As used in this part, "DMSO" means dimethyl sulfoxide.

The manufacture, sale, possession, and distribution of DMSO are lawful within this state. However, distribution or sale of DMSO for human use must be by prescription in accordance with 50-31-307. A person who violates this section is subject to the penalties provided for in 50-31…

A hospital or health care facility may not interfere with the physician-patient relationship by restricting or forbidding the use of DMSO when requested by a patient and prescribed or administered by a physician.

No hospital, health care facility, pharmacy, or employee thereof shall be held liable for the administration of DMSO to any person at the direction of a physician licensed in Montana.

A physician may not be subjected to disciplinary action by the board of medical examiners for prescribing or administering DMSO to a patient under the physician's care as an adjunct to recognized, customary, or accepted modes of therapy in the treatment of any malignancy, disease…

This part is not an endorsement of DMSO for the treatment of any malignancy, disease, illness, or physical condition.

This part does not require: (1) a physician, pharmacist, pharmacy, manufacturer, or distributor to manufacture, sell, or distribute DMSO; or (2) a physician to prescribe DMSO for any patient.

The purpose of this part is to provide for the continuation of medication initiated by a physician for multiple sclerosis. This medication includes the substances described in this part and has been found to be effective in alleviating the symptoms of multiple sclerosis.

In this part, the following definitions apply: (1) "Calcium-EAP" means a calcium salt of the monoester (2-ethylamine) of phosphoric acid. (2) "Harnosal" means a compound of sulfamethizole and sulfaethidole. A 500-milligram tablet contains 350 milligrams of sulfamethizole and 150 …

The manufacture, sale, possession, and distribution of calcium-EAP, harnosal, and phosetamin to provide for the continuation of medication initiated by a physician for multiple sclerosis are lawful within this state.