Montana Code 2-9-906. Limitation on requirements
2-9-906. (Temporary) Limitation on requirements. (1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a government entity is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.
Terms Used In Montana Code 2-9-906
- Government entity: means the state and political subdivisions, including but not limited to:
(a)political subdivisions as defined in 2-9-101(5);
(b)the legislature, legislative committees, and legislators acting in their official capacity; and
(c)employees of the state or a political subdivision. 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.
(2)If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires temperature checks, a government entity is not required to conduct a temperature check before allowing an individual to enter a premises if the individual refuses to allow the temperature check.
(3)If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a government entity is not required to ensure employees or agents are vaccinated to meet the standard of care. (Terminates December 31, 2031–sec. 12, Ch. 516, L. 2021.)