37-3-808. Insurance coverage -- assessment on licensees -- optional use. (1) Subject to 37-1-121, the board may procure a malpractice insurance policy to provide coverage for health corps members. The coverage:

(a) may not cover any services:

(i) performed by a physician who has not paid the fee required under 37-3-804 to participate in the Montana Health Corps Act; or

(ii) provided by a health corps physician to someone other than an eligible individual;

(b) is limited to damages available pursuant to 37-3-806; and

(c) does not create, infer, or establish any agency relationship or liability by the board for any services performed under the Montana Health Corps Act.

(2) A policy purchased by the board under this section must be paid for by a fee established by the board by rule that is assessed on all physicians licensed by the board.

(3) A health corps member is not required to use insurance provided under this section. A physician's decision not to use the insurance provided under this section does not affect the physician's liability under 37-3-806.