§ 50-4-1101 Definitions
§ 50-4-1102 Right of conscience for health care institutions and health care payers — immunity — exceptions
§ 50-4-1103 Right of conscience for medical practitioners — affirmative consent for abortion services — immunity — exceptions
§ 50-4-1104 Exercise of conscience not grounds for loss of privileges, immunities, or public benefits
§ 50-4-1105 Whistleblower protections
§ 50-4-1106 Free speech protections — notification of complaints — penalty
§ 50-4-1107 Unlawful interference

Terms Used In Montana Code > Title 50 > Chapter 4 > Part 11 - Protection for Right of Conscience

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conscience: means the ethical, moral, or religious beliefs or principles held by a medical practitioner, health care institution, or health care payer. See Montana Code 50-4-1101
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discrimination: means an adverse action taken against, or a threat of adverse action communicated to, a medical practitioner, health care institution, or health care payer as a result of the medical practitioner, health care institution, or health care payer's refusal to participate in a health care service on the basis of conscience, including but not limited to termination of employment, transfer from current position, demotion from current position, adverse administrative action, reassignment to a different shift or job title, increased administrative duties, denial of staff privileges, denial of board certification, loss of career specialty, reduction of wages, benefits, or privileges, refusal to award a grant, contract, or other program, refusal to provide residency training opportunities, denial, deprivation, or disqualification of licensure, withholding or disqualifying from financial aid and other assistance, impediment of the creation or improvement of a health care institution or health care payer, impediment of the acquisition or merger of a health care institution or health care payer, the threat of any of the preceding actions, or any other penalty, disciplinary, or retaliatory action, whether executed or threatened. See Montana Code 50-4-1101
  • 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
  • Participate in a health care service: means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing a health care service. See Montana Code 50-4-1101
  • Person: means one or more individuals, partnerships, associations, or corporations. See Montana Code 50-4-1101
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203