50-12-109. State action prohibited, MCA

Montana Code Annotated 2025

TITLE 50. HEALTH AND SAFETY

CHAPTER 12. TREATMENTS FOR CHRONIC OR TERMINAL ILLNESS

Part 1. Right to Try Act

State Action Prohibited

50-12-109. State action prohibited. (1) An official, employee, or agent of the state may not block or attempt to block:

(a) a patient's access to an experimental treatment; or

(b) a health care facility's recommendation that a patient have access to, or the health care facility's provision of, an experimental treatment.

(2) A health care provider's counseling, advice, or recommendation about treatment options, including experimental treatments, is not a violation of this section.

History: En. Sec. 9, Ch. 135, L. 2015; amd. Sec. 8, Ch. 413, L. 2023; amd. Sec. 13, Ch. 621, L. 2025.