Montana Code 50-20-805. Criminal penalties — professional sanctions — civil liability
50-20-805. Criminal penalties — professional sanctions — civil liability. (1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both.
Terms Used In Montana Code 50-20-805
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
- Health care provider: means an individual who may be asked to participate in any way in a health care service or procedure, including but not limited to a physician, physician's assistant, nurse, certified nursing assistant, medical assistant, hospital employee, medical facility employee, or abortion clinic employee. See Montana Code 50-20-803
- Knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-803
- Purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-803
- 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
(2)A licensed health care provider who purposely or knowingly violates the prohibition in 50-20-804 commits an act of unprofessional conduct, and the individual’s license to practice medicine in this state must be suspended for a minimum of 1 year pursuant to Title 37.
(3)In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part provides a basis for:
(a)a civil malpractice action for actual and punitive damages; and
(b)a civil fine of not less than $5,000 for each violation imposed by the department of justice.