Montana Code 40-6-406. Medical care — report of abuse or neglect — report to department
40-6-406. Medical care — report of abuse or neglect — report to department. (1) An emergency services provider that is not a hospital and that takes a newborn into temporary protective custody under 40-6-405 shall transfer the newborn to a hospital. The hospital shall accept a newborn transferred to the hospital by an emergency services provider in compliance with this part and shall take the newborn into temporary protective custody.
Terms Used In Montana Code 40-6-406
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
- Emergency services provider: means :
(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402
- Hospital: has the meaning provided in 50-5-101 and includes a rural emergency hospital. See Montana Code 40-6-402
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
(2)A hospital that takes a newborn into temporary protective custody under this part must have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced abuse or neglect, other than being surrendered to an emergency services provider under 40-6-405, or comes to a reasonable belief that the infant is not a newborn, the physician shall immediately report to the department as required under 41-3-201. If the actual date of birth of the infant is not known, the physician shall determine a birth date based on the physician’s examination of the infant.
(3)If a physician is not required to report to the department under subsection (2), the hospital shall, no later than the first business day after taking possession of the newborn, notify the department that the hospital has taken a newborn into temporary protective custody under this part.