Montana Code 27-12-302. Content of application — waiver of confidentiality of medical records
27-12-302. Content of application — waiver of confidentiality of medical records. The application must contain a statement:
Terms Used In Montana Code 27-12-302
- Chiropractic physician: means :
(a)for purposes of the annual assessment under 27-12-206, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the assessment:
(i)has the individual's principal residence or place of chiropractic practice in the state of Montana;
(ii)is not employed full time by any federal agency or entity; and
(iii)is not fully retired from the practice of chiropractic; or
(b)for all other purposes, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the occurrence of the incident giving rise to a malpractice claim:
(i)had the individual's principal residence or place of chiropractic practice in the state of Montana and was not employed full time by any federal agency or entity; or
(ii)was a professional service corporation, partnership, or other business entity organized under the laws of a state to render chiropractic services and each of whose shareholders, partners, or owners were chiropractic physicians licensed to practice chiropractic under Title 37, chapter 12. See Montana Code 27-12-103
- Malpractice claim: means any claim or potential claim against a chiropractic physician for chiropractic treatment, lack of chiropractic treatment, or alleged departure from accepted standards of chiropractic health care that proximately results in damage to the claimant and includes but is not limited to a tort or contract claim or potential claim. See Montana Code 27-12-103
- Panel: means the Montana chiropractic legal panel created in 27-12-104. See Montana Code 27-12-103
(1)in reasonable detail of the elements of the chiropractic physician‘s conduct that are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all witnesses, chiropractic and other physicians, and hospitals having contact with the claimant; and
(2)authorizing the panel to obtain access to all medical and hospital records and information pertaining to the claim and, for the purposes of the panel’s consideration of the claim, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving any privilege for any other purpose or in any other context, in or out of court.