Montana Code Annotated 2023

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 2. GENERAL PROVISIONS RELATING TO HEALTH CARE PRACTITIONERS

Part 5. Medical Practice Protection Act

Health Care Provider Right To Advise Of Lawful Health Services

37-2-503. Health care provider right to advise of lawful health services. (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 health care-related research or data; and

(c) offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.

(2) (a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.

(b) The prohibition on punishment includes an adverse licensure action.

(3) This section does not:

(a) prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice;

(b) impair a private health care entity from establishing standards of practice and communications standards for its employees;

(c) impair any right or limitation on medical liability; or

(d) prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.

History: En. Sec. 3, Ch. 533, L. 2023.