Montana Code 27-12-304. Copies of application to professional societies when vicarious liability claimed
27-12-304. Copies of application to professional societies when vicarious liability claimed. If an application employs a theory of respondeat superior or any other derivative theory of recovery, the director shall give a copy of the application to the state professional society, association, or licensing board of both the individual chiropractic physician whose alleged malpractice caused the application to be filed and the chiropractic physician named a defendant as employer, master, or principal.
Terms Used In Montana Code 27-12-304
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means the director of the Montana chiropractic legal panel. See Montana Code 27-12-103
- 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