37-3-401. Report of incompetence or unprofessional conduct. (1) Notwithstanding any provision of state law dealing with confidentiality, each licensed physician, professional standards review organization, and the Montana medical association or any component society of the association shall and any other person may report to the board any information that the physician, organization, association, society, or person has that appears to show that a physician is:
     (a) medically incompetent;
     (b) mentally or physically unable to safely engage in the practice of medicine; or
     (c) guilty of unprofessional conduct.
     (2) (a) Information that relates to possible physical or mental impairment connected to habitual intemperance or excessive use of addictive drugs, alcohol, or any other drug or substance by a licensee or to other mental or chronic physical illness of a licensee may be reported to the appropriate personnel of the program established by the board under 37-3-203(4), in lieu of reporting directly to the board.
     (b) The program personnel referred to in subsection (2)(a) shall report to the board the identity of a licensee and all facts and documentation in their possession if:
     (i) the licensee fails or refuses to comply with a reasonable request that the licensee undergo a mental, physical, or chemical dependency evaluation or a combination of evaluations;
     (ii) the licensee fails or refuses to undergo a reasonable course of treatment that they recommend, including reasonable aftercare;
     (iii) the licensee fails or refuses to satisfactorily complete a reasonable evaluation, a course of treatment, or aftercare;
     (iv) the licensee's condition creates a risk of harm to the licensee, a patient, or others; or
     (v) they are in possession of information that appears to show that the licensee has or is otherwise engaged in unprofessional conduct.
     (3) This section applies to professional standards review organizations only to the extent that the organizations are not prohibited from disclosing information under federal law.

     History: En. 66-1053 by Sec. 1, Ch. 172, L. 1977; R.C.M. 1947, 66-1053; amd. Sec. 6, Ch. 419, L. 1993.