27-12-306. Chiropractic physician’s appearance and answer — waiver of confidentiality of records. (1) If a chiropractic physician whose alleged malpractice caused the application to be filed chooses to retain legal counsel, the chiropractic physician’s attorney shall informally enter an appearance with the director.

Terms Used In Montana Code 27-12-306

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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

  • Director: means the director of the Montana chiropractic legal panel. See Montana Code 27-12-103
  • Panel: means the Montana chiropractic legal panel created in 27-12-104. See Montana Code 27-12-103

(2)The chiropractic physician shall answer the application and submit a statement authorizing the panel to inspect all medical, chiropractic, and hospital records and information pertaining to the application and, for the purposes of panel inspection only, waiving any privilege as to the content of those records. Nothing in the statement waives any privilege for any other purpose.