Montana Code 37-2-503. Health care provider right to advise of lawful health services
37-2-503. Health care provider right to advise of lawful health services. (1) A health care provider may:
Terms Used In Montana Code 37-2-503
- Contract: A legal written agreement that becomes binding when signed.
- Health care provider: means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 37-2-502
- Off-label use: means any use of a prescription drug, biologic, approved medical device, or dietary supplement approved by the United States food and drug administration in a manner not specified in the labeling or indications for the product if the product is used for medical purposes. See Montana Code 37-2-502
- Punish: means the imposition of any penalty, sanction, or disciplinary action to discourage the exercise of the right to freedom of speech under this part. See Montana Code 37-2-502
- 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
- Unprofessional conduct: has the meaning provided in 37-1-316. See Montana Code 37-2-502
(a)make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services;
(b)make a patient aware of or educate or advise a patient about health care-related research or data; and
(c)offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.
(2)(a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.
(b)The prohibition on punishment includes an adverse licensure action.
(3)This section does not:
(a)prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider’s scope of practice;
(b)impair a private health care entity from establishing standards of practice and communications standards for its employees;
(c)impair any right or limitation on medical liability; or
(d)prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.