§ 27-1-1601 Definitions
§ 27-1-1602 Liability
§ 27-1-1603 Premises owner’s duty of care — limited liability
§ 27-1-1604 Liability of health care providers
§ 27-1-1605 Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19
§ 27-1-1606 Affirmative defense — reasonable measures consistent with regulations, orders, and public health guidance
§ 27-1-1607 Limitation on action
§ 27-1-1608 Limitation on requirements

Terms Used In Montana Code > Title 27 > Chapter 1 > Part 16 - Covid-19 Liability

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Health care professional: means , for the purposes of this part, physicians, physician assistants, nurse practitioners, nurses, nursing assistants, chiropractors, pharmacists, pharmacy technicians, dentists, dental hygienists, optometrists, medication aides, respiratory therapist practitioners, professional counselors, occupational therapists, midwives, psychologists, and other health care practitioners who are licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care services in the ordinary course of business or in the practice of a profession, whether paid or unpaid. See Montana Code 27-1-1601
  • Health care provider: means and includes, for the purposes of this part, a health care professional, health care facility, home health care facility, assisted living facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 27-1-1601
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, or any other legal or commercial entity. See Montana Code 27-1-1601
  • Personal protective equipment: includes protective clothing, gloves, face shields, goggles, face masks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or spread of infection or illness. See Montana Code 27-1-1601
  • Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place, serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 27-1-1601
  • Property: means real and personal property. See Montana Code 1-1-205
  • Public health guidance: includes guidance related to covid-19 issued by the following:

    (a)the centers for disease control and prevention of the U. See Montana Code 27-1-1601

  • Qualified product: means and includes:

    (a)personal protective equipment and supplies used to treat covid-19 or to prevent the spread of covid-19;

    (b)medical devices, equipment, and supplies used to treat covid-19, including medical devices, equipment, and supplies that are used or modified for an unapproved use to treat covid-19 or to prevent the spread of covid-19;

    (c)medical devices, equipment, and supplies used outside of their normal use to treat covid-19 or to prevent the spread of covid-19;

    (d)medications used to treat covid-19, including medications prescribed or dispensed for off-label use to attempt to treat covid-19;

    (e)tests to diagnose or determine immunity to covid-19; and

    (f)a component of an item described in subsections (8)(a) through (8)(e). See Montana Code 27-1-1601

  • 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
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.