Montana Code 2-9-904. Liability of health care providers
2-9-904. (Temporary) Liability of health care providers. A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the response to covid-19 unless the health care provider caused the death or injury of an individual through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort. This section applies to:
Terms Used In Montana Code 2-9-904
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Health care provider: means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 2-9-901
- Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
- Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
- Public health guidance: includes guidance related to covid-19 issued by the following:
(a)the centers for disease control and prevention of the United States department of health and human services;
(b)the centers for medicare and medicaid services of the United States department of health and human services;
(c)the federal occupational safety and health administration;
(d)the office of the governor;
(e)a state agency, including the Montana department of public health and human services; or
(f)a local government, including a local government health department or local government board of health. See Montana Code 2-9-901
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1)injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of covid-19;
(2)prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of covid-19; or
(3)acts or omissions while providing health care to individuals with a condition unrelated to covid-19 when those acts or omissions support the response to covid-19, including the following:
(a)delaying or canceling nonurgent or elective dental, medical, or surgical procedures or altering the diagnosis or treatment of an individual in response to a federal or state statute, regulation, order, or public health guidance;
(b)diagnosing or treating patients outside the normal scope of the health care provider’s license or practice;
(c)using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;
(d)conducting tests or providing treatment to an individual outside the premises of a health care facility;
(e)acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to covid-19 that renders the health care provider unable to provide the level or manner of care to a person that otherwise would have been required in the absence of covid-19; or
(f)acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment. (Terminates December 31, 2031–sec. 12, Ch. 516, L. 2021.)