50-4-1107. Unlawful interference. (1) It is unlawful to interfere or attempt to interfere with the right not to participate in a health care service or the whistleblower and free speech rights and protections authorized by this part, whether by duress, coercion, or any other means.

Terms Used In Montana Code 50-4-1107

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Health care institution: means a public or private hospital, outpatient center for primary care, medical center, physician organization, professional association, outpatient center for surgical services, private physician's office, pharmacy, long-term care facility, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed. See Montana Code 50-4-1101
  • Health care payer: means an employer, health plan, health maintenance organization, insurance company, management services organization, or another entity that pays for or arranges for payment for a health care service, in whole or in part. See Montana Code 50-4-1101
  • Health care service: means medical research or medical care provided to a patient at any time during the patient's course of treatment, including but not limited to initial examination, testing, diagnosis, referral, dispensing or administration of a drug, medication, or device, psychological therapy or counseling, research, prognosis, therapy, record-making procedures, notes related to treatment, set up, or performance of a surgery or procedure, or any other care or service performed or provided by a medical practitioner. See Montana Code 50-4-1101
  • Medical practitioner: means a person who is or may be asked to participate in a health care service. See Montana Code 50-4-1101

(2)A medical practitioner, health care institution, or health care payer injured by unlawful interference is entitled to:

(a)injunctive relief, when appropriate, including but not limited to reinstatement of a medical practitioner to the medical practitioner’s previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer;

(b)monetary damages for injuries suffered; and

(c)reasonable costs and attorney fees.

(3)This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.