Sections
Part 1 General Provisions § 7-3-101 – § 7-3-193
Part 2 Commission-Executive Government § 7-3-201 – § 7-3-224
Part 3 Commission-Manager Government § 7-3-301 – § 7-3-318
Part 4 Commission Government § 7-3-401 – § 7-3-442
Part 5 Commission-Presiding Officer Government § 7-3-501 – § 7-3-517
Part 6 Town Meeting Government § 7-3-601 – § 7-3-613
Part 7 Charter Government § 7-3-701 – § 7-3-709
Part 11 City-County Consolidation — Option 1 § 7-3-1101 – § 7-3-1105
Part 12 City-County Consolidation — Option 2 § 7-3-1201 – § 7-3-1280
Part 13 City-County Consolidation — Option 2 Continued § 7-3-1301 – § 7-3-1348
Part 41 Strong Mayor Municipal Government § 7-3-4101 – § 7-3-4102
Part 42 Municipal Commission Government § 7-3-4201 – § 7-3-4267
Part 43 Municipal Commission-Manager Government § 7-3-4301 – § 7-3-4374
Part 44 Municipal Commission-Manager Government Continued § 7-3-4401 – § 7-3-4466

Terms Used In Montana Code > Title 7 > Chapter 3

  • Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
  • Abuse: means conduct by an applicant, recipient, provider, or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in an incorrect determination that a person is eligible for medical assistance or payment by a medicaid agency of medical assistance payments to which the provider is not entitled. See Montana Code 53-6-155
  • Abuse: means conduct by a provider or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in medical assistance payments to which the provider is not entitled. See Montana Code 53-6-1401
  • Abuse: means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility. See Montana Code 53-21-102
  • Abuse: means :

    (a) the infliction of physical or mental injury;

    (b) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older person or a person with a developmental disability without lawful authority. See Montana Code 52-3-803

  • Account: means an eligible participating account established under this chapter by or on behalf of an eligible individual. See Montana Code 53-25-103
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • act: means the Montana Health and Economic Livelihood Partnership Act provided for in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
  • Act: means the federal Workforce Innovation and Opportunity Act, Public Law 113-128, 29 U. See Montana Code 53-2-1202
  • Acute heart attack: means a heart attack that involves a prolonged period of blocked blood supply, affects a large area of the heart, and is measured by an elevation of the ST segment of an electrocardiogram. See Montana Code 50-17-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administer: means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:

    (a) a practitioner or by the practitioner's authorized agent; or

    (b) the patient or research subject at the direction and in the presence of the practitioner. See Montana Code 50-32-101

  • Administer: means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means. See Montana Code 50-32-603
  • Administrative segregation: means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation. See Montana Code 53-30-702
  • Administrator: means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program. See Montana Code 53-30-702
  • Administrator: means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. See Montana Code 50-5-1103
  • Adult: means an individual who is 18 years of age or older. See Montana Code 53-21-1401
  • Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
  • Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-9-102
  • Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-10-101
  • Advanced practice registered nurse: means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing. See Montana Code 46-1-202
  • Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-5-1301
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • AED: means a medical device that:

    (a) has received approval for marketing from the U. See Montana Code 50-6-501

  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aftercare: means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:

    (a) basic activities of daily living;

    (b) instrumental activities of daily living; and

    (c) medical or nursing tasks that do not require a licensed professional. See Montana Code 50-5-701

  • Age: means number of years since birth. See Montana Code 49-2-101
  • Age: means number of years since birth. See Montana Code 49-3-101
  • Aged person: means an aged person as defined by the department. See Montana Code 52-3-202
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Montana Code 50-32-101
  • Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
  • Agent: means one of the following persons acting on behalf of a designated beneficiary:

    (a) a person acting under a power of attorney; or

    (b) if no person holds a power of attorney, a parent or legal guardian of the designated beneficiary. See Montana Code 53-25-103

  • Aggrieved party: means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter. See Montana Code 49-2-101
  • AIDS: means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U. See Montana Code 50-16-1003
  • Airborne infectious disease: means an infectious disease transmitted from person to person by an aerosol, including but not limited to infectious tuberculosis. See Montana Code 50-16-701
  • Aircraft: has the meaning provided in 67-1-101. See Montana Code 50-6-302
  • Allegation: something that someone says happened.
  • Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 50-6-302
  • Amortization: Paying off a loan by regular installments.
  • Annual contribution limit: means the limit established in section 529A(b)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Antibiotic drug: means any drug intended for use by humans containing any quantity of any chemical substance that is produced by a microorganism and that has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of such a substance). See Montana Code 50-31-301
  • Antiretroviral prophylaxis: means a specific drug regime preventing mother-to-child transmission of HIV infections. See Montana Code 50-16-1003
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person:

    (a) who has submitted an application for determination of medicaid eligibility to a medicaid agency on the person's own behalf or on behalf of another person; or

    (b) on whose behalf an application has been submitted. See Montana Code 53-6-155

  • Application: means a form executed by or on behalf of a prospective designated beneficiary to enter into a participating trust agreement and open an account. See Montana Code 53-25-103
  • Appointing authority: means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part. See Montana Code 49-4-502
  • Apprentice: means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of labor and industry. See Montana Code 50-39-108
  • Approved course of treatment: means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department. See Montana Code 50-17-102
  • Arraignment: means the formal act of calling the defendant into open court to enter a plea answering a charge. See Montana Code 46-1-202
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
  • Arrest warrant: means a written order from a court directed to a peace officer or to some other person specifically named commanding that officer or person to arrest another. See Montana Code 46-1-202
  • Arterial highway: means a state highway designated by the commission as part of the noninterstate component of the national highway system, the primary highway system, and any highway so designated as a part of the secondary highway system that has been constructed and is being used primarily for through traffic on a continuous route. See Montana Code 60-5-102
  • Assessment: means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part. See Montana Code 46-1-1103
  • Assessment: means a diagnostic evaluation to determine whether and to what extent a person is an offender with a mental disorder under this part and would benefit from the provisions of this part. See Montana Code 46-1-1203
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
  • Attending advanced practice registered nurse: means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
  • Attending advanced practice registered nurse: means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient. See Montana Code 50-10-101
  • Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
  • Attending physician: means the physician selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
  • Attending physician: has the meaning provided in 50-9-102. See Montana Code 50-10-101
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Audit: means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine compliance with:

    (a) statutory, regulatory, fiscal, medical, or scientific standards;

    (b) a private or public program of payments to a health care provider; or

    (c) requirements for licensing, accreditation, or certification. See Montana Code 50-16-504

  • Auditor: means an individual or an entity, its agents, subcontractors, and employees that have contracted with the department to perform overpayment audits with respect to the medicaid program. See Montana Code 53-6-1401
  • Authority: means :

    (a) a municipal or regional airport authority as provided in Title 67, chapter 11;

    (b) a conservancy district as provided in Title 85, chapter 9;

    (c) a conservation district as provided in Title 76, chapter 15;

    (d) a drainage district as provided in Title 85, chapter 8;

    (e) an irrigation district as provided in Title 85, chapter 7;

    (f) a hospital district as provided in Title 7, chapter 34, part 21;

    (g) a water conservation and flood control district as provided in Title 76, chapter 5, part 11;

    (h) a county water and sewer district as provided in Title 7, chapter 13, part 22; or

    (i) an urban transportation district as provided in Title 7, chapter 14, part 2. See Montana Code 7-3-122

  • authority: means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets. See Montana Code 60-5-102
  • Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
  • Authorized representative: means :

    (a) a person who has a general power of attorney for a resident;

    (b) a person appointed by a court to manage the personal or financial affairs of a resident;

    (c) a representative payee;

    (d) a resident's next of kin; or

    (e) a sponsoring agency. See Montana Code 50-5-1103

  • Autocycle: means a three-wheeled motorcycle that is equipped with safety belts, roll bars or roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it. See Montana Code 61-1-101
  • Automated review: means a claim review that is made at the system level without a human being reviewing the medical record. See Montana Code 53-6-1401
  • Available: means :

    (i) that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

    (ii) that funding for the services has been identified and committed for the person's immediate use; and

    (iii) that all providers have offered the necessary services for the person's immediate use. See Montana Code 53-20-102

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Behavioral health inpatient facility: means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency. See Montana Code 53-21-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means the provision of anything of pecuniary value to or on behalf of a recipient under the medicaid program. See Montana Code 53-6-155
  • Bequest: Property gifted by will.
  • Blindness: means a visual disability in which:

    (i) a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

    (ii) a person's visual field at the widest diameter subtends an angle no greater than 20 degrees. See Montana Code 53-7-301

  • Block grant: means the federal community services block grant established under 42 U. See Montana Code 53-10-501
  • Board: means the Montana state board of medical examiners. See Montana Code 50-9-102
  • Board: means the state board of medical examiners. See Montana Code 50-10-101
  • Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
  • board: means a local board as defined in 50-1-101. See Montana Code 50-53-102
  • Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
  • Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 50-6-202
  • Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 50-6-302
  • Board: means the Montana state workforce innovation board provided for in 53-2-1203. See Montana Code 53-2-1202
  • Body piercing: means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. See Montana Code 50-48-102
  • Bureau: means the drug enforcement administration, United States department of justice, or its successor agency. See Montana Code 50-32-101
  • Business entity: means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law. See Montana Code 61-1-101
  • Business sign: means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection. See Montana Code 60-5-502
  • Byproduct material: means :

    (a) any radioactive material (except special nuclear material) yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or using special nuclear material; and

    (b) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See Montana Code 50-79-103

  • Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
  • Canopy: means the total amount of square footage dedicated to live plant production at a registered premises consisting of the area of the floor, platform, or means of support or suspension of the plant. See Montana Code 50-46-302
  • Capital offense: A crime punishable by death.
  • cardholder: means a Montana resident with a debilitating medical condition who has received and maintains a valid registry identification card. See Montana Code 50-46-302
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Case manager: means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services. See Montana Code 53-20-102
  • Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 CFR 260. See Montana Code 53-4-602
  • Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 CFR 260. See Montana Code 53-4-702
  • Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 CFR 260. See Montana Code 53-2-902
  • CDLIS driver record: means the electronic record of a person's commercial driver's license status and history stored as part of the commercial driver's license system established under 49 U. See Montana Code 61-1-101
  • Census: means the number of residents occupying beds in a residential facility on a particular date. See Montana Code 53-20-102
  • Center: means the intensive behavior center provided for in 53-20-602. See Montana Code 53-20-601
  • Certificate: means a certificate as defined in 33-22-1107. See Montana Code 53-6-802
  • Chambers: A judge's office.
  • Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chemical manufacturer: means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution. See Montana Code 50-78-102
  • Chemical manufacturing: means the production of marijuana concentrate. See Montana Code 50-46-302
  • Chemical name: means the scientific designation of a chemical in accordance with the nomenclature system developed by the international union of pure and applied chemistry or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation. See Montana Code 50-78-102
  • Child welfare services: means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children. See Montana Code 52-2-101
  • Child-care assistance: means payments to or on behalf of the specified caretaker relative of a dependent child to defray the cost of having a third party care for the child. See Montana Code 53-4-602
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claim: means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program or that states income, expense, or other information that is or may be used to determine entitlement to or the rate of payment under the medicaid program. See Montana Code 53-6-155
  • Claim: means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program. See Montana Code 53-6-1401
  • Claimant: means any of the following claiming compensation under this part:

    (a) a victim;

    (b) a dependent of a deceased victim; or

    (c) an authorized person acting on behalf of any of them. See Montana Code 53-9-103

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Code imprint: means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, marks or monograms unique to the manufacturer or distributor of the drug, or both. See Montana Code 50-31-301
  • Coerce: means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter. See Montana Code 50-20-503
  • Collateral source: means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:

    (a) the offender;

    (b) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;

    (c) social security, medicare, and medicaid;

    (d) workers' compensation;

    (e) wage continuation programs of any employer;

    (f) proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;

    (g) a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. See Montana Code 53-9-103

  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i) has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii) has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii) is designed to transport at least 16 passengers, including the driver;

    (iv) is a school bus; or

    (v) is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-3-101
  • Commission: means the state transportation commission. See Montana Code 61-1-101
  • Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-2-101
  • Commissioner: means the commissioner of insurance provided for in 2-15-1903. See Montana Code 53-6-802
  • Commissioner: means the Montana state auditor and ex officio commissioner of insurance provided for in 2-15-1903. See Montana Code 50-4-701
  • Commissioner: means the commissioner of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
  • Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
  • Committee: means the committee on telecommunications access services for persons with disabilities established in 2-15-2212. See Montana Code 53-19-302
  • Committee: means the achieving a better life experience program oversight committee established in 53-25-105. See Montana Code 53-25-103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Common name: means any designation or identification, such as code name, code number, trade name, brand name, or generic name, used to identify a chemical other than by its chemical name. See Montana Code 50-78-102
  • Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
  • Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:

    (a) is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and

    (b) provides programs and services to aid offenders in:

    (i) obtaining and holding regular employment;

    (ii) enrolling in and maintaining academic courses;

    (iii) participating in vocational training programs;

    (iv) utilizing the resources of the community to meet their personal and family needs;

    (v) obtaining the benefits of specialized treatment services that exist within the community; and

    (vi) paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303

  • Community engagement: means participation in the activities specified in 53-6-1308 as a means to improve a program participant's well-being and opportunities for self-sufficiency. See Montana Code 53-6-1303
  • Community home for persons with severe disabilities: means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205. See Montana Code 53-19-102
  • Community mental health center: means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service area authorities. See Montana Code 53-21-1001
  • Community treatment plan: means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled. See Montana Code 53-20-102
  • community-based services: means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting. See Montana Code 53-20-102
  • Community-integrated health care: means the provision of out-of-hospital medical services that an emergency care provider with an endorsement may provide as determined by board rule. See Montana Code 50-6-302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance violation: means a violation of the conditions of supervision that is not:

    (a) a new criminal offense;

    (b) possession of a firearm in violation of a condition of probation or parole;

    (c) behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;

    (d) absconding; or

    (e) failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders. See Montana Code 46-23-1001

  • Consent: means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion. See Montana Code 50-20-503
  • Contact: means a person who has been exposed to the test subject in a manner, voluntary or involuntary, that may allow HIV transmission in accordance with modes of transmission recognized by the U. See Montana Code 50-16-1003
  • Contents: means any information concerning the substance, purport, or meaning of a communication. See Montana Code 46-5-601
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuum of care: means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Montana Code 46-1-1103
  • Continuum of care: means a seamless and coordinated course of mental health counseling and treatment designed to meet the needs of participants as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Montana Code 46-1-1203
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means a payment to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
  • Contributor: means a person who makes a contribution to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
  • Control or governance: means the possession, indirect or direct, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise unless the power is solely the result of an official position with a corporate office held by the person. See Montana Code 50-4-701
  • Controlled-access facility: means and includes streets, alleys, public roads, private roads, and ways of passage intersecting a controlled-access highway and real property contiguous to the right-of-way of a controlled-access highway. See Montana Code 60-5-102
  • Controlled-access highway: means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. See Montana Code 60-5-102
  • conversion transaction: means the sale, transfer, lease, exchange, transfer by exercise of an option, optioning, conveyance, merger, affiliation, mutualization, joint venture, or other disposition by a nonprofit health entity or another person or entity resulting in the transfer of control or governance to a person or entity other than the nonprofit health entity of the lesser of:

    (i) more than 10% in fair market value of the assets or operations of a nonprofit health entity; or

    (ii) assets of a nonprofit health entity amounting to a fair market value of $5 million or more. See Montana Code 50-4-701

  • Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
  • Corporation: means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. See Montana Code 53-30-503
  • Correctional facility or program: means a facility or program that is described in 53-1-202 and to which an individual may be ordered by any court of competent jurisdiction. See Montana Code 50-46-302
  • Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. See Montana Code 1-1-204
  • Council: means the palliative care and quality of life interdisciplinary advisory council provided for in 50-12-203. See Montana Code 50-12-202
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Court: means a district court of the state of Montana. See Montana Code 53-20-102
  • Court: means any district court of the state of Montana. See Montana Code 53-21-102
  • Court: means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court. See Montana Code 47-1-103
  • Crane: means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally. See Montana Code 50-76-111
  • Credit: means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. See Montana Code 49-2-101
  • Credit transaction: means any invitation to apply for credit, application for credit, extension of credit, or credit sale. See Montana Code 49-2-101
  • Creditor: means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise. See Montana Code 49-2-101
  • Criminally injurious conduct: means conduct that:

    (a) occurs or is attempted in this state or an act of international terrorism, as defined in 18 U. See Montana Code 53-9-103

  • Crisis: means a serious, unexpected situation resulting from an individual's apparent mental illness in which the individual's symptoms are of sufficient severity, as determined by a mental health practitioner, to require immediate care to avoid:

    (a) jeopardy to the life or health of the individual; or

    (b) death or bodily harm to the individual or to others. See Montana Code 53-21-1401

  • Crisis stabilization: means development and implementation of a short-term intervention to respond to a crisis in order to:

    (a) reduce the severity of an individual's symptoms of mental illness; and

    (b) attempt to prevent the individual from receiving services in a more restrictive environment. See Montana Code 53-21-1401

  • Crossroad: means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection. See Montana Code 60-5-502
  • Custom vehicle: means a motor vehicle other than a motorcycle that:

    (a) (i) was manufactured with a model year after 1948 and that is at least 25 years old; or

    (ii) was built to resemble a vehicle manufactured after 1948 and at least 25 years before the current calendar year, including a kit vehicle intended to resemble a vehicle manufactured after 1948 and that is at least 25 years old; and

    (b) has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

  • Custom-built motorcycle: means a motorcycle that is equipped with:

    (a) an engine that was manufactured 20 years prior to the current calendar year and that has been altered from the manufacturer's original design; or

    (b) an engine that was manufactured to resemble an engine 20 or more years old and that has been constructed in whole or in part from nonoriginal materials. See Montana Code 61-1-101

  • Customary: means according to usage. See Montana Code 1-1-206
  • Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
  • Data: means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. See Montana Code 50-16-201
  • Deaf person: means a person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications. See Montana Code 49-4-502
  • Dealer: means a person that, for commission or profit, engages in whole or in part in the business of buying, selling, exchanging, or accepting on consignment new or used motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, off-highway vehicles, or special mobile equipment that is not registered in the name of the person. See Montana Code 61-1-101
  • Debilitating medical condition: means :

    (a) cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;

    (b) cachexia or wasting syndrome;

    (c) severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;

    (d) intractable nausea or vomiting;

    (e) epilepsy or an intractable seizure disorder;

    (f) multiple sclerosis;

    (g) Crohn's disease;

    (h) painful peripheral neuropathy;

    (i) a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;

    (j) admittance into hospice care in accordance with rules adopted by the department; or

    (k) posttraumatic stress disorder. See Montana Code 50-46-302

  • Decedent: A deceased person.
  • Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
  • Declaration: means a document executed in accordance with the requirements of 50-9-103. See Montana Code 50-9-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship. See Montana Code 50-32-101
  • Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 50-6-401
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-4-602
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-4-702
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-9-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-501
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-8-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-17-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-401
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-10-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
  • Department: means the department of public health and human services. See Montana Code 53-6-702
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-802
  • Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 53-6-1001
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-12-202
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 50-32-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-15-702
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1303
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1401
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-602
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-48-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-701
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-7-301
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-53-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-1003
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-10-501
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-18-101
  • Department: means the department of public health and human services established in 2-15-2201. See Montana Code 53-19-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-201
  • Department: means the department of revenue. See Montana Code 53-19-302
  • department: means the department of labor and industry. See Montana Code 50-74-101
  • Department: means the department of environmental quality provided for in Title 2, chapter 15, part 35. See Montana Code 50-78-102
  • Department: means the department of public health and human services. See Montana Code 50-79-103
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-32-603
  • Department: means the department of administration created in 2-15-1001. See Montana Code 2-19-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-40-103
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-20-601
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-46-302
  • Department: means the department of corrections created in 2-15-2301. See Montana Code 53-30-303
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-25-103
  • Department: means the department of corrections. See Montana Code 53-30-503
  • Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
  • Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
  • Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-702
  • Department: means the department of transportation provided for in 2-15-2501. See Montana Code 60-5-502
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 50-76-111
  • Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 50-4-803
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-101
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-802
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-602
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-202
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-401
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-803
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1103
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1202
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
  • Department: means the department of public health and human services. See Montana Code 53-1-703
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-2-902
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-302
  • Dependent: means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child of the victim conceived before the victim's death but born after the victim's death, including a child that is conceived as a result of the criminally injurious conduct. See Montana Code 53-9-103
  • Dependent: A person dependent for support upon another.
  • Designated beneficiary: means the eligible individual on whose behalf an account is established. See Montana Code 53-25-103
  • Designated officer: means the emergency services organization's representative and the alternate whose names are on record with the department as the persons responsible for notifying an emergency services provider of exposure. See Montana Code 50-16-701
  • Designated representative: means :

    (a) the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or

    (b) a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization. See Montana Code 50-78-102

  • Developmental disabilities professional: means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

    (a) has training and experience in psychometric testing and evaluation;

    (b) has experience in the field of developmental disabilities; and

    (c) is certified, as provided in 53-20-106, by the department of public health and human services. See Montana Code 53-20-102

  • Developmental disability: means a disability that:

    (a) is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

    (b) requires treatment similar to that required by intellectually disabled individuals;

    (c) originated before the individual attained age 18;

    (d) has continued or can be expected to continue indefinitely; and

    (e) results in the person having a substantial disability. See Montana Code 53-20-102

  • Developmental disability: has the meaning provided in 53-20-102. See Montana Code 53-20-601
  • Devise: To gift property by will.
  • Direct access: means that an individual has or likely will have person-to-person spoken or physical contact with or access to a program participant. See Montana Code 52-2-802
  • Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
  • Director: means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029. See Montana Code 47-1-103
  • Disability: means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-19-102
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment. See Montana Code 53-30-702
  • Disability certifications: means disability certifications as defined in section 529A(e)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Disabled adult: means a person 18 years of age or older who is defined by the department as disabled or who is a person with developmental disabilities, as defined in 53-20-102. See Montana Code 52-3-202
  • Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
  • Disciplinary detention: means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time. See Montana Code 53-30-702
  • Discounted price: means a price set by the department by rule pursuant to 53-6-1002. See Montana Code 53-6-1001
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispensary: means a registered premises from which a provider or marijuana-infused products provider is approved by the department to dispense marijuana or marijuana-infused products to a registered cardholder. See Montana Code 50-46-302
  • Dispense: means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery. See Montana Code 50-32-101
  • Dispenser: means a practitioner who dispenses. See Montana Code 50-32-101
  • dispensing: has the meaning provided in 37-7-101. See Montana Code 50-32-603
  • Disposal: means burial in soil, release through the sanitary sewerage system, incineration, or permanent long-term storage with no intention of or provision for subsequent removal. See Montana Code 50-79-103
  • Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
  • Distribute: has the meaning provided in 37-7-101. See Montana Code 50-32-603
  • Distributor: means a person who distributes. See Montana Code 50-32-101
  • Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
  • Distributor: means a person who distributes for resale a drug in solid dosage form under the person's own label whether or not the person is the manufacturer of the drug. See Montana Code 50-31-301
  • DMSO: means dimethyl sulfoxide. See Montana Code 50-42-101
  • DNR identification: means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the department, that signifies that the possessor is a qualified patient, as defined in 50-9-102, or that the possessor's attending physician or attending advanced practice registered nurse has issued a do not resuscitate order for the possessor and has documented the grounds for the order in the possessor's medical file. See Montana Code 50-10-101
  • Do not resuscitate order: means a directive from a licensed physician or advanced practice registered nurse that emergency life-sustaining procedures should not be administered to a particular person. See Montana Code 50-10-101
  • Do not resuscitate protocol: means a standardized method of procedure, approved by the board and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by physicians, advanced practice registered nurses, and emergency medical services personnel. See Montana Code 50-10-101
  • Docket: A log containing brief entries of court proceedings.
  • Document: means any application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form. See Montana Code 53-6-155
  • Dollar-for-dollar model: means a program in which the amount of resources that is disregarded in determining medical assistance eligibility for an individual is increased by $1 for each dollar paid by an insurer to an insured under the insured's long-term care insurance policy or certificate. See Montana Code 53-6-802
  • Donor: The person who makes a gift.
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Drug: includes :

    (a) a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;

    (b) an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or

    (c) a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103

  • Drug: has the meaning provided in 46-1-1103. See Montana Code 46-1-1203
  • Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
  • drug paraphernalia: means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a dangerous drug. See Montana Code 45-10-101
  • Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103
  • Drug treatment court coordinator: means an individual who, under the direction of the drug treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug treatment court. See Montana Code 46-1-1103
  • Drug treatment court team: means a group of individuals appointed by the drug treatment court that may consist of the following members:

    (a) the judge, which may include a magistrate or other hearing officer;

    (b) the prosecutor;

    (c) the defense attorney;

    (d) a law enforcement officer;

    (e) the drug treatment court coordinator;

    (f) a probation and parole officer;

    (g) substance abuse treatment providers;

    (h) a representative from the department of public health and human services; and

    (i) any other person selected by the drug treatment court. See Montana Code 46-1-1103

  • Educational institution: means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution. See Montana Code 49-2-101
  • Electric personal assistive mobility device: means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour. See Montana Code 61-1-101
  • Electronic communication: means :

    (i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or

    (ii) any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station. See Montana Code 46-5-601

  • Electronic communication service: means :

    (a) a service that provides to users the ability to send or receive electronic communications;

    (b) a service that provides to users computer storage or processing services; or

    (c) a service that acts as an intermediary in the transmission of electronic communications. See Montana Code 46-5-601

  • Eligible individual: means an eligible individual as defined in section 529A(e)(1) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Eligible patient: means an individual who meets the requirements of 50-12-104. See Montana Code 50-12-102
  • Eligible recipient: means :

    (a) a person who is at risk of experiencing an opioid-related drug overdose;

    (b) a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;

    (c) a first responder or a first responder entity;

    (d) a harm reduction organization or its representative;

    (e) the Montana state crime laboratory or its representative;

    (f) a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;

    (g) a probation, parole, or detention officer;

    (h) a county or other local public health department or its representative; or

    (i) a veterans' organization or its representative. See Montana Code 50-32-603

  • Emancipated minor: means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503. See Montana Code 50-20-503
  • Embryo: means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development. See Montana Code 50-11-101
  • Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 50-6-202
  • Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-401
  • Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-501
  • Emergency medical service: has the meaning provided in 50-6-302. See Montana Code 50-17-102
  • Emergency medical service: means an out-of-hospital health care treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit that is licensed by the department to provide out-of-hospital health care treatment services or interfacility emergency medical transportation, including community-integrated health care. See Montana Code 50-6-302
  • Emergency medical services personnel: means paid or volunteer firefighters, law enforcement officers, first responders, emergency care providers, or other emergency services personnel acting within the ordinary course of their professions. See Montana Code 50-9-102
  • Emergency medical services personnel: has the meaning provided in 50-9-102. See Montana Code 50-10-101
  • Emergency services organization: means a public or private organization that provides emergency services to the public. See Montana Code 50-16-701
  • Emergency services provider: means a person employed by or acting as a volunteer with an emergency services organization, including but not limited to a law enforcement officer, firefighter, emergency care provider, corrections officer, or ambulance service attendant. See Montana Code 50-16-701
  • Emergency situation: means :

    (a) a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or

    (b) a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102

  • Employee: means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies. See Montana Code 50-78-102
  • Employee: means an individual employed to do something for the benefit of an employer. See Montana Code 50-46-302
  • Employee: means an individual employed by an employer. See Montana Code 49-2-101
  • Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
  • Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101
  • Employment agency: means a person undertaking to procure employees or opportunities to work. See Montana Code 49-2-101
  • Enclosed public place: means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:

    (a) restaurants;

    (b) stores;

    (c) public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201, and state government;

    (d) trains, buses, and other forms of public transportation;

    (e) health care facilities;

    (f) auditoriums, arenas, and assembly facilities;

    (g) meeting rooms open to the public;

    (h) bars;

    (i) community college facilities;

    (j) facilities of the Montana university system; and

    (k) public schools, as provided for in 20-1-220 and 50-40-104. See Montana Code 50-40-103

  • End user connection: means a customer's connection to a service provider's network. See Montana Code 53-19-302
  • Endorsement: means a document, issued by the department of labor and industry to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
  • Entity: means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization. See Montana Code 50-6-501
  • entity: means a health maintenance organization or an insurer regulated under Title 33 that:

    (i) contracts for an estimated annual value of $1 million or more of state and federal medicaid funds; or

    (ii) operates statewide or covers 20% or more of the medicaid population. See Montana Code 53-6-702

  • Entity: means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association. See Montana Code 50-39-108
  • Entry: means an individual's admission into a hospital for the purposes of inpatient care. See Montana Code 50-5-701
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment: means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment. See Montana Code 50-48-102
  • Establishment: means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible. See Montana Code 50-40-103
  • executive authority: includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a recognized Indian tribe within the state of Montana;

    (2) "governor" includes any person performing the functions of governor by authority of the law of this state;

    (3) "state" referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the state of Montana. See Montana Code 46-30-101

  • Executor: A male person named in a will to carry out the decedent
  • Exploitation: means :

    (a) the unreasonable use of an older person or a person with a developmental disability or of a power of attorney, conservatorship, or guardianship with regard to an older person or a person with a developmental disability in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of or interest in the person's money, assets, or property;

    (b) an act taken by a person who has the trust and confidence of an older person or a person with a developmental disability to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of or interest in the person's money, assets, or property;

    (c) the unreasonable use of an older person or a person with a developmental disability or of a power of attorney, conservatorship, or guardianship with regard to an older person or a person with a developmental disability done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of the person's money, assets, or property. See Montana Code 52-3-803

  • Exposure: means the subjecting of a person to a risk of transmission of an infectious disease through the commingling of the blood or bodily fluids of the person and a patient or in another manner as defined by department rule. See Montana Code 50-16-701
  • Exposure: means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure. See Montana Code 50-78-102
  • expungement: means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form. See Montana Code 46-18-1103
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Extrapolation: means the determination of an unknown value by projecting the results of a review of a sample to the universe from which the sample was drawn. See Montana Code 53-6-1401
  • facility: means a hospital, critical access hospital, or medical assistance facility as defined in 50-5-101. See Montana Code 50-6-401
  • Facility: means :

    (a) nonmedical facilities including:

    (i) mental health transitional living facilities; and

    (ii) inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;

    (b) community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;

    (c) youth care facilities;

    (d) public accommodations, including roominghouses, retirement homes, hotels, and motels;

    (e) health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;

    (f) freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and

    (g) assisted living facilities. See Montana Code 50-8-101

  • Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
  • facility: means :

    (a) the Montana developmental center; or

    (b) a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102

  • facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
  • Facility: means a state prison defined in 53-30-101(3)(c)(i) through (3)(c)(iii) and (3)(c)(v) or a youth correctional facility pursuant to 52-5-101. See Montana Code 53-30-702
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fair market value: means the fair market value as of the date of the transaction or proposed transaction as determined by an independent appraisal of the assets or operations performed and communicated by a qualified appraiser according to applicable professional appraisal standards. See Montana Code 50-4-701
  • Family practice: means comprehensive medical care with particular emphasis on the family unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex or by a particular organ system or disease entity. See Montana Code 50-5-602
  • farmer: means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person;

    (ii) "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;

    (iii) "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; and

    (iv) "school bus" has the meaning provided in 49 CFR 383. See Montana Code 61-1-101

  • Federally qualified health center look-alike: means a facility that meets all of the expectations established for the federally funded community health center program but does not receive federal operating funds under the Public Health Service Act, 42 U. See Montana Code 50-4-803
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fetus: means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism. See Montana Code 50-11-101
  • Fiduciary: A trustee, executor, or administrator.
  • Finance administrator: means the individual responsible for the financial administration of the local government and generally means the county or city treasurer or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
  • Financial institution: means any organization in the business of moving, investing, or lending money, dealing in financial instruments, or providing financial services, including but not limited to federally chartered and state-chartered banks, savings and loan associations, and credit unions. See Montana Code 53-6-165
  • Financial institution: means a bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, trust company, investment adviser, or other similar entity that is authorized to do business in this state. See Montana Code 53-25-103
  • Financial institution: means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company. See Montana Code 49-2-101
  • Financial interest: means a legal or beneficial interest that entitles the holder, directly or indirectly through a business, an investment, or a spouse, parent, or child relationship, to 1% or more of the net profits or net worth of the entity in which the interest is held. See Montana Code 50-46-302
  • Fire alarm system: means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation. See Montana Code 50-39-108
  • Fire extinguisher: means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. See Montana Code 50-39-108
  • Fire extinguishing system: means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. See Montana Code 50-39-108
  • First responder: means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. See Montana Code 50-32-603
  • Followup audit: means a followup overpayment audit of additional claims data or provider records or both for a particular service code reviewed in an initial overpayment audit after an initial audit has demonstrated a significant error rate with respect to the code to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
  • Food stamp program: means the provision of food stamp benefits that can be used to purchase food to low-income persons pursuant to the Food Stamp Act Amendments of 1980, 7 U. See Montana Code 53-2-902
  • For hire: means an action performed for remuneration of any kind, whether paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service. See Montana Code 61-1-101
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
  • Franchisee: means a person awarded a franchise as provided in 60-5-505. See Montana Code 60-5-502
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud: means any conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments or benefits to which the applicant, recipient, or provider is not entitled. See Montana Code 53-6-155
  • Fraud: means conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments to which a provider is not entitled. See Montana Code 53-6-1401
  • Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General health condition: means the patient's health status described in terms of critical, poor, fair, good, excellent, or terms denoting similar conditions. See Montana Code 50-16-504
  • Golf cart: means a motor vehicle that is designed for use on a golf course to carry a person or persons and golf equipment and that has an average speed of less than 15 miles per hour. See Montana Code 61-1-101
  • Governing body: means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7. See Montana Code 7-3-122
  • Governmental entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Montana Code 46-5-601
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Gross vehicle weight: means the weight of a vehicle without load plus the weight of any load on the vehicle. See Montana Code 61-1-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. See Montana Code 53-20-102
  • Harm reduction organization: means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose. See Montana Code 50-32-603
  • Hazardous chemical: means , except as provided in 50-78-103:

    (a) any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

    (b) any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

    (c) any emitter of ionizing radiation. See Montana Code 50-78-102

  • Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
  • Health care: includes both physical health care and mental health care. See Montana Code 50-4-504
  • Health care facility: has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102. See Montana Code 50-10-101
  • Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-12-102
  • Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-16-201
  • Health care facility: means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. See Montana Code 50-16-504
  • Health care facility: has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102. See Montana Code 50-16-701
  • Health care facility: means a hospital, critical access hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101. See Montana Code 50-5-1301
  • Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
  • Health care information: means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. See Montana Code 50-16-602
  • Health care practitioner: means a person licensed pursuant to Title 37, chapter 3, to practice medicine or pursuant to Title 37, chapter 4, to practice dentistry. See Montana Code 50-15-702
  • Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 50-9-102
  • Health care provider: means any of the following individuals licensed pursuant to Title 37:

    (a) a physician;

    (b) an advanced practice registered nurse authorized by the board of nursing to prescribe medicine; and

    (c) a physician assistant whose duties and delegation agreement allows the physician assistant to undertake the activities allowed under this part. See Montana Code 50-12-102

  • Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-504
  • Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state or who is licensed, certified, or otherwise authorized by the laws of another state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-1003
  • Health care provider: means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license. See Montana Code 50-19-101
  • Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
  • Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
  • Health insurer: means any health insurance company, health service corporation, health maintenance organization, insurer providing disability insurance as described in 33-1-207, and to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities. See Montana Code 50-4-504
  • Health maintenance organization: means a health maintenance organization as defined in 33-31-102. See Montana Code 53-6-702
  • Health maintenance organization: has the meaning provided in 33-31-102. See Montana Code 50-4-701
  • Health service corporation: has the meaning provided in 33-30-101. See Montana Code 50-4-701
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High-risk provider: means a provider who within the previous 6 years and 3 months:

    (a) has either admitted to medicaid fraud or abuse in a written agreement with a governmental agency or has been determined by a final order or judgment of a governmental agency or court to have committed medicaid fraud or abuse; or

    (b) has a documented history of a significant error rate that has been sustained over a period of at least 2 years and that multiple documented educational interventions have failed to correct. See Montana Code 53-6-1401

  • Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
  • HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
  • HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
  • HIV-related condition: means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV. See Montana Code 50-16-1003
  • Hoist: means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements. See Montana Code 50-76-111
  • Home: means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority. See Montana Code 46-18-1001
  • Home and community-based services: means , as provided for in section 1915 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
  • Home arrest: means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. See Montana Code 46-18-1001
  • Hospital: has the meaning provided in 50-5-101. See Montana Code 50-17-102
  • Hospital: means a facility that provides, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick persons. See Montana Code 50-15-702
  • Hospital: means a hospital or critical access hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
  • Hospital trauma register: means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility. See Montana Code 50-6-401
  • Housing accommodation: means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants. See Montana Code 49-2-101
  • Human resource development council: means a nonprofit public or private community organization serving low-income persons in a multicounty area that has the same boundaries as one or more substate planning districts established by executive order of the governor. See Montana Code 53-10-501
  • Immediate precursor: means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture. See Montana Code 50-32-101
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Incapacitated: means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care. See Montana Code 53-21-1302
  • Incapacitated person: has the meaning given in 72-5-101. See Montana Code 52-3-803
  • Incidental to the service of alcoholic beverages or gambling operations: means that at least 60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling receipts, or both. See Montana Code 50-40-103
  • Included offense: means an offense that:

    (a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

    (b) consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or

    (c) differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. See Montana Code 46-1-202

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent living: means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-7-301
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indigent: means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel. See Montana Code 47-1-103
  • Individual treatment planning team: means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. See Montana Code 53-20-102
  • Infectious disease: means human immunodeficiency virus infection, hepatitis B, hepatitis C, hepatitis D, communicable pulmonary tuberculosis, meningococcal meningitis, and any other disease capable of being transmitted through an exposure that has been designated by department rule. See Montana Code 50-16-701
  • Infectious disease control officer: means the person designated by the health care facility as the person who is responsible for notifying the emergency services provider's designated officer and the department of an infectious disease as provided for in this part and by rule. See Montana Code 50-16-701
  • Informed consent: means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:

    (a) the physician who is to perform the abortion of the following information:

    (i) the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

    (ii) the probable gestational age of the unborn child at the time the abortion is to be performed; and

    (iii) the medical risks of carrying the child to term;

    (b) the physician or an agent of the physician:

    (i) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

    (ii) that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and

    (iii) that the woman has the right to review the printed materials described in 50-20-304; and

    (c) the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion. See Montana Code 50-20-104

  • Initial audit: means an initial overpayment audit to examine claims data and provider records or both to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspecting authority: means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure. See Montana Code 50-8-101
  • Inspection: means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. See Montana Code 50-39-108
  • Install: means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system. See Montana Code 50-39-108
  • Institutional review board: means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects. See Montana Code 50-16-504
  • Interested person: means a patient's:

    (a) spouse;

    (b) parent;

    (c) adult child, sibling, or grandchild; or

    (d) close friend. See Montana Code 50-5-1301

  • Interlocal cooperation commission: means a commission established in accordance with Title 7, chapter 11, part 2. See Montana Code 53-30-503
  • Intermediary interpreter: means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter. See Montana Code 49-4-502
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment products: means , without limitation, certificates of deposit, savings accounts paying fixed or variable interest, financial instruments, one or more mutual funds, and a mix of mutual funds. See Montana Code 53-25-103
  • Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light. See Montana Code 50-79-103
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Kit vehicle: is a motor vehicle assembled from a manufactured kit either as:

    (a) a complete kit, consisting of a prefabricated body and chassis, to construct a new motor vehicle; or

    (b) a kit with a prefabricated body to be mounted to an existing motor vehicle chassis and drivetrain, commonly referred to as a donor vehicle. See Montana Code 61-1-101

  • Label: means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. See Montana Code 50-78-102
  • Labor organization: means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees. See Montana Code 49-2-101
  • Large quantity radioactive material: means highway route controlled quantity as defined in 49 CFR 173. See Montana Code 50-79-103
  • Law enforcement officer: means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103. See Montana Code 50-32-603
  • Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
  • Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. See Montana Code 50-5-1301
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legal representative: means :

    (a) a legal guardian;

    (b) a person who holds a medical power of attorney; or

    (c) a representative named in an advance health care directive recognized under Montana law or the law of another state. See Montana Code 50-5-701

  • Legend drug: means any drug defined by section 503(b) of the federal act (21 U. See Montana Code 50-31-301
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Level-of-care determination: means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person. See Montana Code 53-6-401
  • License: means the document issued by the department of labor and industry that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
  • License: means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for programs. See Montana Code 52-2-802
  • Licensed mental health center: means an entity licensed by the department of public health and human services to provide mental health services and has the same meaning as mental health center as defined in 50-5-101. See Montana Code 53-21-1001
  • Licensee: means the holder of a license issued by the department in accordance with the provisions of this part. See Montana Code 52-2-802
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Life-sustaining procedure: means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation. See Montana Code 50-10-101
  • Life-sustaining treatment: means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process. See Montana Code 50-9-102
  • Light vehicle: means a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less. See Montana Code 61-1-101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live and function independently: means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-19-102
  • Living will protocol: means a locally developed, communitywide method or a standardized, statewide method developed by the department and approved by the board, of providing palliative care to and withholding life-sustaining treatment from a qualified patient under 50-9-202 by emergency medical service personnel. See Montana Code 50-9-102
  • Local board: means a city, county, city-county, or district board of health. See Montana Code 50-17-102
  • Local board: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1. See Montana Code 50-16-602
  • Local board of health: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2. See Montana Code 50-48-102
  • Local fire chief: means the chief of a governmental fire agency organized under Title 7, chapter 33, or the chief's designee. See Montana Code 50-78-102
  • Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 50-46-302
  • Local governmental entity: means :

    (a) a local governmental unit;

    (b) a multijurisdictional service district; or

    (c) an interlocal cooperation commission. See Montana Code 53-30-503

  • Local health officer: means a county, city, city-county, or district health officer appointed by a local board. See Montana Code 50-16-602
  • Local health officer: has the meaning provided in 50-1-101. See Montana Code 50-48-102
  • location: means a hospital or other place designated by a local health officer where the person diagnosed with tuberculosis must remain to be available for an approved course of treatment. See Montana Code 50-17-102
  • Long-term care facility: means a facility that is certified by the department, as provided in 53-6-106, to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U. See Montana Code 53-6-401
  • long-term care facility: means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care. See Montana Code 50-5-1103
  • Long-term care facility: means a facility defined in 50-5-101. See Montana Code 52-3-803
  • Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
  • Long-term care insurance: means an insurance policy or certificate that provides coverage for medically necessary services in a long-term care facility, as defined in 50-5-101, or in the insured's home. See Montana Code 53-6-802
  • Long-term care ombudsman: means the individual appointed to fulfill the requirement of 42 U. See Montana Code 50-5-1103
  • Long-term care preadmission screening: means , in accordance with section 1919 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
  • Low vision: means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult. See Montana Code 53-7-301
  • Low-speed electric vehicle: means a motor vehicle, on or by which a person may be transported, that:

    (a) has four wheels;

    (b) has a maximum speed of at least 20 miles an hour and no greater than 40 miles an hour as certified by the manufacturer;

    (c) is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

    (d) stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

    (e) has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

    (f) exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565; and

    (g) is equipped as provided in 61-9-432. See Montana Code 61-1-101

  • Maintenance: means money payments made in accordance with 53-7-310. See Montana Code 53-7-301
  • Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container. See Montana Code 50-32-101
  • Manufactured home: has the meaning provided in 15-24-201. See Montana Code 61-1-101
  • Manufacturer: means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. See Montana Code 53-6-1001
  • Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
  • Manufacturer: means a person who mixed the final ingredients and prepared the final drug product. See Montana Code 50-31-301
  • Marijuana: has the meaning provided in 50-32-101. See Montana Code 50-46-302
  • Marijuana concentrate: means any type of marijuana product consisting wholly or in part of the resin extracted from any part of the marijuana plant. See Montana Code 50-46-302
  • Marijuana-infused product: means a product that contains marijuana and is intended for use by a registered cardholder by a means other than smoking. See Montana Code 50-46-302
  • Marijuana-infused products provider: means a person licensed by the department to manufacture and provide marijuana-infused products for a registered cardholder. See Montana Code 50-46-302
  • Material safety data sheet: means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information. See Montana Code 50-78-102
  • Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
  • Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-155
  • Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-1401
  • Medicaid agency: means any agency or entity of state, county, or local government that administers any part of the medicaid program, whether under direct statutory authority or under contract with an authorized agency of the state or federal government. See Montana Code 53-6-155
  • Medical emergency: means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-303
  • Medical emergency: means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-503
  • Medical practitioner: means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203. See Montana Code 50-16-201
  • Medical practitioner: has the meaning provided in 37-2-101. See Montana Code 50-32-603
  • Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
  • Medical services: means diagnosis or treatment of illness in a human being by or under the supervision of a health care practitioner. See Montana Code 50-15-702
  • Medical symptom: means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient. See Montana Code 50-5-1202
  • Medium-speed electric vehicle: is a motor vehicle, on or by which a person may be transported, that:

    (i) has a maximum speed of 45 miles an hour as certified by the manufacturer;

    (ii) is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

    (iii) stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

    (iv) is fully enclosed and includes at least one door for entry;

    (v) has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

    (vi) exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565;

    (vii) bears a sticker, affixed by the manufacturer or dealer, on the left side of the rear window that indicates the vehicle's maximum speed rating; and

    (viii) as certified by the manufacturer, is equipped as provided in 61-9-432. See Montana Code 61-1-101

  • Member: means an individual enrolled in the Montana medicaid program pursuant to 53-6-131 or receiving medicaid-funded services pursuant to 53-6-1304. See Montana Code 53-6-1303
  • Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529A(e)(4) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Memorandum of understanding: means a written document setting forth an agreed-upon procedure. See Montana Code 46-1-1103
  • Memorandum of understanding: means a written document setting forth an agreed-upon procedure. See Montana Code 46-1-1203
  • mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
  • mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-21-102
  • mental disease or disorder: means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation. See Montana Code 46-14-101
  • Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
  • Mental disorder: means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. See Montana Code 53-30-702
  • Mental health professional: means :

    (a) a certified professional person;

    (b) a physician licensed under Title 37, chapter 3;

    (c) a professional counselor licensed under Title 37, chapter 23;

    (d) a psychologist licensed under Title 37, chapter 17;

    (e) a social worker licensed under Title 37, chapter 22;

    (f) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing; or

    (g) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health. See Montana Code 53-21-102

  • Mental health treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant, whose conduct has resulted in a criminal violation, in receiving the needed treatment and life skills to prevent further criminal behavior associated with a mental disorder. See Montana Code 46-1-1203
  • Mental health treatment court coordinator: means an individual who, under the direction of the mental health treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the mental health treatment court. See Montana Code 46-1-1203
  • Mental health treatment court team: means a group of individuals appointed by the mental health treatment court that:

    (a) must include the following members:

    (i) the judge, which may include a magistrate or other hearing officer;

    (ii) the prosecutor;

    (iii) the defense attorney;

    (iv) the participant; and

    (v) the mental health treatment court coordinator; and

    (b) may include the following additional members:

    (i) a law enforcement officer;

    (ii) a probation and parole officer;

    (iii) a mental health professional;

    (iv) a substance abuse treatment provider;

    (v) a representative from the department of public health and human services;

    (vi) a mental health advocate; and

    (vii) any other person selected by the mental health treatment court. See Montana Code 46-1-1203

  • Mental health treatment program: means a program designed by the mental health treatment court team to provide prevention, education, and therapy directed toward ending criminal behavior and preventing a return to a condition leading to criminal behavior. See Montana Code 46-1-1203
  • Mental injury: means an identifiable and substantial impairment of a person's intellectual or psychological functioning or well-being. See Montana Code 52-3-803
  • Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
  • Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Misappropriation of patient property: means exploitation, deliberate misplacement, or wrongful use or taking of a patient's property, whether temporary or permanent, without authorization by the patient or the patient's designated representative. See Montana Code 53-6-155
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Misdemeanor probation officer: means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005. See Montana Code 46-23-1001
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobility-disabled: means the condition of a person with reduced function of the arms, legs, or hands making activities related to moving, turning, or pressing objects difficult or impossible. See Montana Code 53-19-302
  • Monitoring device: means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. See Montana Code 46-18-1001
  • Montana resident: means :

    (a) an individual who resides in Montana as determined under 1-1-215; or

    (b) for the purposes of chapter 3, a business entity that maintains a principal place of business or a registered agent in this state. See Montana Code 61-1-101

  • Montana state prison: means the correctional facility located at Deer Lodge. See Montana Code 53-30-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor home: means a motor vehicle:

    (a) designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;

    (b) containing permanently installed independent life support systems that meet the ANSIA/A119. See Montana Code 61-1-101

  • Motor vehicle: means :

    (i) a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii) a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii) a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

  • Motorboat: means a vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. See Montana Code 61-1-101
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
  • Motorist information sign: means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

    (a) specific information sign; or

    (b) tourist-oriented directional sign. See Montana Code 60-5-502

  • Motorist service: means gas, food, lodging, camping, recreation, and other tourist services. See Montana Code 60-5-502
  • Motorized nonstandard vehicle: means a vehicle, on or by which a person may be transported, that:

    (i) is propelled by its own power, using an internal combustion engine or an electric motor;

    (ii) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

    (iii) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565. See Montana Code 61-1-101

  • motortruck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Montana Code 61-1-101
  • Multijurisdictional service district: means a district established in accordance with Title 7, chapter 11, part 10. See Montana Code 53-30-503
  • Multiple-type establishment: means an operation encompassing both body piercing and tattooing on the same premises and under the same management. See Montana Code 50-48-102
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

    (a) opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;

    (b) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;

    (c) opium poppy and poppy straw; or

    (d) coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine. See Montana Code 50-32-101

  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National origin: means ancestry. See Montana Code 49-2-101
  • Neglect: means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect. See Montana Code 53-21-102
  • Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a person with a developmental disability or who has voluntarily assumed responsibility for the person's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the older person or the person with a developmental disability. See Montana Code 52-3-803
  • New motor vehicle: means a motor vehicle, regardless of the mileage of the vehicle, the legal or equitable title to which has never been transferred by a manufacturer, distributor, or dealer to another person as the result of a retail sale. See Montana Code 61-1-101
  • New trial: means a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered. See Montana Code 46-1-202
  • Newborn: means an infant under 28 days of life. See Montana Code 50-19-201
  • Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-20-102
  • Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-21-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonfinancial assistance: means the programs funded, in part, with temporary assistance for needy families, as provided in 45 CFR 260. See Montana Code 53-4-702
  • Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. See Montana Code 53-30-303
  • Nonprofit health entity: means :

    (i) a nonprofit health maintenance organization; or

    (ii) a nonprofit health service corporation. See Montana Code 50-4-701

  • Nonqualified withdrawal: means a withdrawal from the account that is not:

    (a) a qualified withdrawal;

    (b) a withdrawal made as the result of the death of the designated beneficiary of an account; or

    (c) a rollover distribution or a change of designated beneficiary described in 53-25-111. See Montana Code 53-25-103

  • Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
  • Nontransporting medical unit: means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. See Montana Code 50-6-302
  • Notice to appear: means a written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense. See Montana Code 46-1-202
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • occurrence report: means a written business record of a health care facility that:

    (i) may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

    (ii) is a factual rendition of the event. See Montana Code 50-16-201

  • Off-highway vehicle: means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. See Montana Code 61-1-101
  • Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
  • Office: means the office of state public defender established in 2-15-1029. See Montana Code 47-1-103
  • officer: means a local health officer as defined in 50-1-101. See Montana Code 50-53-102
  • Offline medical direction: means the function of a board-licensed physician or physician assistant in providing:

    (a) medical oversight and supervision for an emergency medical service or an emergency care provider; and

    (b) review of patient care techniques, emergency medical service procedures, and quality of care. See Montana Code 50-6-302

  • Older Americans Act: means the Older Americans Act of 1965, as amended, 42 U. See Montana Code 52-3-401
  • Older person: means a person who is at least 60 years of age. See Montana Code 52-3-803
  • One-stop delivery system: means a system under which entities responsible for administering separate workforce investment, educational, and other human resource programs and funding sources collaborate to create a seamless system of service delivery to enhance access to the programs' services and improve long-term employment outcomes for individuals receiving assistance. See Montana Code 53-2-1202
  • Online medical direction: means the function of a board-licensed physician or physician assistant or the function of a designee of the physician or physician assistant in providing direction, advice, or orders to an emergency care provider for interfacility emergency medical transportation or out-of-hospital emergency medical or community-integrated health care as identified in a plan for offline medical direction. See Montana Code 50-6-302
  • Oocyte: means the human female germ cell, the egg. See Montana Code 50-11-101
  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • Opiate: means a drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Montana Code 50-32-101
  • Opioid antagonist: means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. See Montana Code 50-32-603
  • Opioid-related drug overdose: means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined. See Montana Code 50-32-603
  • Opium poppy: means the plant of the species Papaver somniferum L. See Montana Code 50-32-101
  • Ordinary course of business: means with respect to a transaction or disposition that the transaction comports with the usual and customary practices of the kind of business in which the nonprofit health entity is engaged. See Montana Code 50-4-701
  • Organization: means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter. See Montana Code 49-2-101
  • OSHA standard: means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 CFR 1910. See Montana Code 50-78-102
  • Overpayment audit: means a review or audit by the department or an auditor of claims data, medical claims, or other documents in which a purpose or potential result of the review or audit is an overpayment determination. See Montana Code 53-6-1401
  • Overpayment determination: means a determination by the department or an auditor that forms the basis for or results in the department:

    (a) partially or completely reducing a medicaid payment to a provider for a claim;

    (b) demanding that the provider repay all or a part of a payment for a claim; or

    (c) using or applying any other method to recoup, recover, or collect from a provider all or part of a payment for a claim. See Montana Code 53-6-1401

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who holds the legal title to a vehicle. See Montana Code 61-1-101
  • Palliative care: means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness. See Montana Code 50-12-202
  • Paraphernalia: has the meaning provided in 45-10-101. See Montana Code 50-46-302
  • Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
  • Parole: means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department. See Montana Code 46-23-1001
  • participant: means an individual enrolled in the Montana Health and Economic Livelihood Partnership Act program established in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
  • Participant: means a person charged with a criminal offense or an offense in which a mental disorder, as defined in 53-21-102, is determined to have been a significant factor in the commission of the offense. See Montana Code 46-1-1203
  • Participating trust agreement: means an agreement between a designated beneficiary and the department or its designee that creates a trust interest in the trust and provides for participation in the program. See Montana Code 53-25-103
  • Party: means any one of the following, and "parties" means all of the following:

    (a) the defendant;

    (b) a victim of the crime; or

    (c) the county attorney or other prosecuting attorney. See Montana Code 46-1-501

  • Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
  • Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-16-701
  • Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
  • Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-6-302
  • Patient abuse: means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient. See Montana Code 53-6-155
  • Patient neglect: means a failure, through inattentiveness, carelessness, or other omission, to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness when an omission is not caused by factors beyond the person's control or by good faith errors in judgment. See Montana Code 53-6-155
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
  • Peace officer: means any sheriff, deputy sheriff, marshal, police officer, or other peace officer. See Montana Code 53-21-102
  • Peer: means a health care provider who is employed by or under contract with the department or an auditor and who:

    (a) has substantially the same education and training, provides or has provided substantially the same range of health care services, and has the same license to practice as the provider who is the subject of an overpayment audit; or

    (b) is an expert in the medical, dental, mental health, behavioral health, or other health care provider decisionmaking that is at issue in the overpayment audit. See Montana Code 53-6-1401

  • Peer review: means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. See Montana Code 50-16-504
  • Persistent felony offender: means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies. See Montana Code 46-1-202
  • Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 50-6-302
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Montana Code 50-9-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. See Montana Code 50-32-101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-504
  • Person: means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing. See Montana Code 50-48-102
  • Person: means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state. See Montana Code 50-53-102
  • Person: means an individual, corporation, organization, or other legal entity. See Montana Code 50-16-1003
  • Person: means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not. See Montana Code 50-19-201
  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Person: means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of a political subdivision, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission, any successor, or federal agencies licensed by the nuclear regulatory commission. See Montana Code 50-79-103
  • Person: means an individual, partnership, corporation, association, political subdivision, or other entity. See Montana Code 50-40-103
  • Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 50-46-302
  • person: means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity. See Montana Code 50-79-301
  • person: includes one or more individuals, partnerships, associations, and corporations;

    (2) "sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity. See Montana Code 50-5-501

  • Person: includes any individual, partnership, voluntary association, or corporation. See Montana Code 52-8-101
  • Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
  • Person associated with the program: means any owner, partner, member, employee, or contractor providing professional or occupational services to a program. See Montana Code 52-2-802
  • Person with a developmental disability: means a person 18 years of age or older who has a developmental disability, as defined in 53-20-102. See Montana Code 52-3-803
  • Person with a disability: means the same as "individual with a disability" as defined in the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-7-301
  • Person with a disability: means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled. See Montana Code 53-19-302
  • Personal degradation: means publication or distribution of a printed or electronic photograph or video of an older person or a person with a developmental disability when the person publishing or distributing intends to demean or humiliate the older person or person with a developmental disability or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person. See Montana Code 52-3-803
  • Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 61-1-101
  • Persons with disabilities or persons who are elderly: means , for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
  • Physical abuse: means any physical injury intentionally inflicted by a parent or legal guardian on a minor. See Montana Code 50-20-503
  • Physical injury: means death, permanent or temporary disfigurement, or impairment of any bodily organ or function. See Montana Code 52-3-803
  • Physical or mental disability: means :

    (i) a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii) a record of such an impairment; or

    (iii) a condition regarded as such an impairment. See Montana Code 49-3-101

  • Physical or mental disability: means :

    (i) a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii) a record of such an impairment; or

    (iii) a condition regarded as such an impairment. See Montana Code 49-2-101

  • Physical restoration: means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances. See Montana Code 53-7-301
  • Physician: means an individual licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-9-102
  • Physician: means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3. See Montana Code 50-6-501
  • Physician: means a person licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-10-101
  • Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-303
  • Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-503
  • Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
  • Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
  • Physician assistant: means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician. See Montana Code 50-20-503
  • Physician assistant: means an individual licensed pursuant to Title 37, chapter 20, whose duties and delegation agreement authorizes the individual to undertake the activities allowed under this part. See Montana Code 50-5-1301
  • Place of trial: means the geographical location and political subdivision in which the court that will hear the cause is situated. See Montana Code 46-1-202
  • Place of work: means an enclosed room where one or more individuals work. See Montana Code 50-40-103
  • Placement activities: means any of the following:

    (a) placement of a child for adoption or foster care;

    (b) arranging or providing short-term foster care for a child pending an adoptive placement; or

    (c) facilitating placement of a child by maintaining a list in any form of birth parents or prospective adoptive or foster parents. See Montana Code 52-8-101

  • Plan of government: has the meaning provided in 7-1-4121. See Montana Code 7-3-122
  • Planning and service area: means a geographic area of the state that is designated for purposes of planning, development, delivery, and overall administration of services under the Older Americans Act. See Montana Code 52-3-401
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pole trailer: means a vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections. See Montana Code 61-1-101
  • Police officer: means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
  • Policy: means a policy as defined in 33-22-1107. See Montana Code 53-6-802
  • Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Montana Code 50-32-101
  • Postpartum: means the first 6 weeks after delivery. See Montana Code 53-30-702
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means :

    (a) a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;

    (b) a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and

    (c) a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state. See Montana Code 50-32-101

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • pregnancy: means that female reproductive condition of having an unborn child in the woman's body. See Montana Code 50-20-303
  • Prehearing confinement: means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates. See Montana Code 53-30-702
  • Preliminary examination: means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. See Montana Code 46-1-202
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prescription: means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. See Montana Code 50-32-101
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presumptive eligibility: means a period of up to 72 hours after an individual is found to be in crisis and during which the individual is presumed to be eligible for crisis stabilization services that will be reimbursed by the department. See Montana Code 53-21-1401
  • Preventive care: means comprehensive care that emphasizes prevention, early detection, and early treatment of conditions, including but not limited to routine physical examinations, health screenings, immunizations, and health education. See Montana Code 50-4-803
  • Primary care: means the type of medical care that provides a patient with a broad spectrum of preventive and curative health care services over a long period of time and that coordinates all of the care a patient receives. See Montana Code 50-4-803
  • Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
  • Principal party in interest: means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken. See Montana Code 49-4-502
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Private correctional facility: means a correctional facility that is either privately operated or privately owned and operated. See Montana Code 53-30-602
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: means release by the court without imprisonment of a defendant found guilty of a crime. See Montana Code 46-1-202
  • Probation: means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court. See Montana Code 46-23-1001
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation and parole officer: means an officer employed by the department pursuant to 46-23-1002. See Montana Code 46-23-1001
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter. See Montana Code 50-32-101
  • Professional person: means :

    (a) a medical doctor;

    (b) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

    (c) a licensed psychologist;

    (d) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

    (e) a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102

  • Program: means an element of the integrated health care system created by this part. See Montana Code 53-6-702
  • Program: means the palliative care consumer and professional information and education program provided for in 50-12-205. See Montana Code 50-12-202
  • Program: means the prescription drug plus discount program provided for in 53-6-1002. See Montana Code 53-6-1001
  • Program: means the program established in 53-19-306. See Montana Code 53-19-302
  • Program: means the Montana achieving a better life experience program provided for in this chapter and authorized under section 529A of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Program: means a private alternative adolescent residential or outdoor program that provides a structured, private, alternative residential setting for youth who are experiencing emotional, behavioral, or learning problems and who have a history of failing in academic, social, moral, or emotional development at home or in less-structured traditional settings. See Montana Code 52-2-802
  • Program administrator: means the person appointed or contracted by the department to administer the daily operations of the program and provide marketing, recordkeeping, investment management, and other services for the program. See Montana Code 53-25-103
  • Program manager: means a financial institution that acts on behalf of the trust as provided in 53-25-112. See Montana Code 53-25-103
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
  • Protective custody: means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety. See Montana Code 53-30-702
  • Protective services: means assistance to an aged person or disabled adult in obtaining the services offered by the department. See Montana Code 52-3-202
  • Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this part. See Montana Code 53-6-155
  • Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this chapter. See Montana Code 53-6-1401
  • Provider: means a person licensed by the department to assist a registered cardholder as allowed under this part. See Montana Code 50-46-302
  • provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-4-504
  • Public accommodation: means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. See Montana Code 49-2-101
  • Public assets: include :

    (a) assets held for the benefit of the public or the community;

    (b) assets in which the public has an ownership interest;

    (c) assets owned by a governmental entity; and

    (d) assets owned by a nonprofit corporation to the extent that the corporation holds assets in a charitable trust. See Montana Code 50-4-701

  • Public bathing place: means a body of water with bathhouses and related appurtenances operated for the public. See Montana Code 50-53-102
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public defender: means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division. See Montana Code 47-1-103
  • public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public safety answering point: means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies. See Montana Code 50-6-501
  • Public swimming pool: means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools. See Montana Code 50-53-102
  • Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. See Montana Code 61-1-101
  • Qualifications: means qualifications that are genuinely related to competent performance of the particular occupational task. See Montana Code 49-3-101
  • Qualified disability expenses: means qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Qualified intellectual disability professional: means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility. See Montana Code 53-20-102
  • Qualified interpreter: means an interpreter listed by the department of public health and human services as provided in 49-4-507. See Montana Code 49-4-502
  • Qualified mental health professional: includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients. See Montana Code 53-30-702
  • Qualified patient: means a patient 18 years of age or older who has executed a declaration in accordance with this chapter and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition. See Montana Code 50-9-102
  • Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Montana Code 53-25-103
  • Quality improvement: means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards. See Montana Code 50-6-401
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
  • Reasonable fee: means the charge, as provided for in 50-16-540, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-504
  • Reasonable medical certainty: means reasonable certainty as judged by the standards of a professional person. See Montana Code 53-21-102
  • Recidivism: means any arrest for a serious offense that results in the filing of a charge and can carry a sentence of 1 or more years. See Montana Code 46-1-1103
  • Recipient: means a person:

    (a) who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or

    (b) who actually receives medicaid benefits, whether or not determined eligible. See Montana Code 53-6-155

  • Recodify: means to compile, arrange, rearrange, and prepare for publication. See Montana Code 1-11-101
  • Record: means any:

    (i) identifiable description, notation, or photograph of an arrest and detention;

    (ii) complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;

    (iii) sentence;

    (iv) correctional status;

    (v) release; or

    (vi) court document or filing. See Montana Code 46-18-1103

  • Records: means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

    (i) pertaining to the provision of treatment, care, services, or items to a recipient;

    (ii) pertaining to the income and expenses of the provider; or

    (iii) otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program. See Montana Code 53-6-155

  • Records: means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

    (i) pertaining to the provision of treatment, care, services, or items to an individual receiving services under the medicaid program;

    (ii) pertaining to the income and expenses of the provider; or

    (iii) otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program. See Montana Code 53-6-1401

  • Records administrator: means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
  • Recoverable medical assistance: means a payment pursuant to this part, including but not limited to a payment made for items or services provided to and insurance premiums, deductibles, and coinsurance paid on behalf of a recipient who:

    (i) during the recipient's lifetime, was an inpatient in a nursing facility, intermediate care facility for the developmentally disabled, or institution for mental disease and, with respect to that institutionalization, the department determined under 53-6-171 that the person was not reasonably expected to be discharged and return home; or

    (ii) was at least 55 years of age or younger if allowed by 42 U. See Montana Code 53-6-165

  • Recovery: means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes. See Montana Code 53-6-165
  • Recovery audit contractor: means a medicaid recovery audit contractor selected by the department to perform audits for the purpose of ensuring medicaid program integrity in accordance with 42 CFR, part 455. See Montana Code 53-6-1401
  • Referral physician: means an individual who:

    (a) is licensed under Title 37, chapter 3; and

    (b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment. See Montana Code 50-46-302

  • Regional correctional facility: means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department. See Montana Code 53-30-503
  • register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. See Montana Code 61-1-101
  • Registered premises: means the location at which a provider or marijuana-infused products provider:

    (a) has indicated that marijuana will be cultivated, chemical manufacturing will occur, or marijuana-infused products will be manufactured for a registered cardholder; or

    (b) has established a dispensary for sale of marijuana or marijuana-infused products to a registered cardholder. See Montana Code 50-46-302

  • Registration: means the registering with the department by the legal owner, user, or authorized representative of sources of ionizing radiation in the manner prescribed by rule. See Montana Code 50-79-103
  • Registration decal: means an adhesive sticker produced by the department and issued by the department, its authorized agent, or a county treasurer to the owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat, personal watercraft, or snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department under 61-3-101. See Montana Code 61-1-101
  • Registration receipt: means a paper record that is produced and issued or, if authorized by the department, an electronic record that is transmitted by the department, its authorized agent, or a county treasurer to the owner of a vehicle that identifies a vehicle, based on information maintained in the electronic record of title for the vehicle, and that provides evidence of the payment of all fees required to be paid for the registration of the vehicle for the registration period indicated in the receipt. See Montana Code 61-1-101
  • Registry identification card: means a document issued by the department pursuant to 50-46-303 that identifies an individual as a registered cardholder. See Montana Code 50-46-302
  • Regulatory authority: means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian. See Montana Code 50-48-102
  • Rehabilitation engineering: means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. See Montana Code 53-7-301
  • Rehabilitation plan: means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable. See Montana Code 53-7-301
  • Rehabilitation training: means training provided to a person with blindness or low vision to overcome the person's impediment to employment, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities. See Montana Code 53-7-301
  • Reliable documentation: means a standardized, statewide identification card or form or a necklace or bracelet of uniform design, adopted by a written, formal understanding of the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient. See Montana Code 50-9-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Reproductive human cloning: means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead. See Montana Code 50-11-101
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
  • Residency training: means a community-based family practice program to train family practice resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient and outpatient training. See Montana Code 50-5-602
  • Resident: means a person committed to a residential facility. See Montana Code 53-20-102
  • Resident: means an individual who meets the requirements of 1-1-215. See Montana Code 50-46-302
  • Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1103
  • Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
  • Resident physician: means any physician in advanced medical specialty training. See Montana Code 50-5-602
  • Residential facility screening team: means a team of persons, appointed as provided in 53-20-133, that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate. See Montana Code 53-20-102
  • Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
  • Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
  • Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
  • Retail sale: means the sale of a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment by a dealer to a person for purposes other than resale. See Montana Code 61-1-101
  • Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Montana Code 61-1-101
  • Rollover distribution: means a transfer of funds made:

    (a) from one account in another state's qualified program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

    (b) from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary. See Montana Code 53-25-103

  • Safety devices: means side rails, tray tables, seatbelts, and other similar devices. See Montana Code 50-5-1202
  • Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 61-1-101
  • Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:

    (a) a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

    (b) a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202

  • scaffolding: means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. See Montana Code 50-77-101
  • school bus: has the meaning provided in 49 CFR 383. See Montana Code 61-1-101
  • School zone: means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d). See Montana Code 61-1-101
  • Search warrant: means an order that is:

    (a) in writing;

    (b) in the name of the state;

    (c) signed by a judge;

    (d) a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and

    (e) directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. See Montana Code 46-1-202

  • Second degree of kinship by blood or marriage: means a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent-in-law, grandchild-in-law, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter, stepgrandparent, or stepgrandchild. See Montana Code 50-46-302
  • Secondary discounted price: means the discounted price less any further discounts funded by manufacturer rebates for medication purchased by participants in the program. See Montana Code 53-6-1001
  • Seedling: means a marijuana plant that has no flowers and is less than 12 inches in height and 12 inches in diameter. See Montana Code 50-46-302
  • Self-sufficiency trust: means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Internal Revenue Code, 26 U. See Montana Code 53-18-101
  • Sell: means to transfer ownership from one person to another person or from a dealer to another person for consideration. See Montana Code 61-1-101
  • Semitrailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Montana Code 61-1-101
  • Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
  • Seriously developmentally disabled: means a person who:

    (a) has a developmental disability;

    (b) is impaired in cognitive functioning; and

    (c) cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others. See Montana Code 53-20-102

  • Service area: means a region of the state as defined by the department by rule within which mental health services are administered. See Montana Code 53-21-1001
  • Service area authority: means an entity, as provided for in 53-21-1006, that has incorporated to collaborate with the department for the planning and oversight of mental health services within a service area. See Montana Code 53-21-1001
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means an entity that offers services to subscribers in Montana to allow two or more persons in different locations to communicate orally, without regard to the technology or medium the entity uses to provide the telecommunications service, and access to telecommunications relay service. See Montana Code 53-19-302
  • services: means the services allowed under 53-21-1403. See Montana Code 53-21-1401
  • Services to the aged: means those services the department administers pursuant to the Older Americans Act. See Montana Code 52-3-401
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • Sexual abuse: has the meaning provided in 41-3-102. See Montana Code 50-20-503
  • Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
  • shared-use path: means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, skaters, equestrians, and other nonmotorized users. See Montana Code 60-3-302
  • Significant error rate: means previous billing errors greater than 5% of the total lines reviewed. See Montana Code 53-6-1401
  • Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, that is designed primarily for travel on snow or ice, that may be steered by skis or runners, and that is not otherwise registered or licensed under the laws of the state of Montana. See Montana Code 61-1-101
  • Solid dosage form: means capsules or tablets intended for oral use. See Montana Code 50-31-301
  • Somatic cell: means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development. See Montana Code 50-11-101
  • Source material: means uranium, thorium, or any other material that the department or the United States nuclear regulatory commission declares by order to be source material or ores containing one or more of the foregoing materials in a concentration that the department or the nuclear regulatory commission declares by order to be source material after the nuclear regulatory commission has determined the material in that concentration to be source material. See Montana Code 50-79-103
  • Spa: means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. See Montana Code 50-53-102
  • Special agent fire suppression system: means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. See Montana Code 50-39-108
  • Special mobile equipment: means a vehicle not designed for the transportation of persons or property on the highways but incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch-digging apparatus, and well-boring apparatus. See Montana Code 61-1-101
  • Special nuclear material: means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the department or the United States nuclear regulatory commission or any successor declares by order to be special nuclear material or any material artificially enriched by any of the foregoing but does not include source material. See Montana Code 50-79-103
  • Specialized telecommunications equipment: means any telecommunications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or internet protocol-enabled voice communications service. See Montana Code 53-19-302
  • Specially constructed vehicle: means a motor vehicle, including a motorcycle, that:

    (i) was not originally constructed under a distinctive make, model, or type by a generally recognized manufacturer of motor vehicles;

    (ii) has been structurally modified so that it does not have the same appearance as similar vehicles from a generally recognized manufacturer of motor vehicles;

    (iii) has been constructed or assembled entirely from custom-built parts and materials not obtained from other vehicles;

    (iv) has been constructed or assembled by using major component parts from one or more manufactured vehicles and that cannot be identified as a specific make or model; or

    (v) has been constructed by the use of a kit that cannot be visually identified as a specific make or model. See Montana Code 61-1-101

  • Specific information sign: means a motorist information sign that is located on the interstate highway system and that contains:

    (a) the words "GAS" "FOOD" "LODGING" or "CAMPING";

    (b) directional information; and

    (c) one or more individual business signs. See Montana Code 60-5-502

  • Specific license: means a license issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment using quantities of byproduct, special nuclear materials, or other radioactive material occurring naturally or produced artificially. See Montana Code 50-79-103
  • Sport utility vehicle: means a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use. See Montana Code 61-1-101
  • Staff meeting: means the meeting before a drug offender's appearance in drug treatment court in which the drug treatment court team discusses a coordinated response to the drug offender's behavior. See Montana Code 46-1-1103
  • Staff meeting: means the meeting before a participant's appearance in mental health treatment court in which the mental health treatment court team discusses a coordinated response to the participant's behavior. See Montana Code 46-1-1203
  • Standard of care: means , at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

    (a) obtaining the patient's medical history;

    (b) performing a relevant and necessary physical examination;

    (c) reviewing prior treatment and treatment response for the debilitating medical condition;

    (d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;

    (e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;

    (f) monitoring the response to treatment and possible adverse effects; and

    (g) creating and maintaining patient records that remain with the physician. See Montana Code 50-46-302

  • Standard serological test: means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department. See Montana Code 50-19-101
  • Standing order: means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription. See Montana Code 50-32-603
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Montana Code 50-9-102
  • State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101
  • State agency: means any state office, board, bureau, commission, department, or agency but does not include any agency operated by a city, town, county, school district, or other political subdivision. See Montana Code 2-19-101
  • State hospital: means the Montana state hospital. See Montana Code 53-21-102
  • State laboratory: means the laboratory operated by the department to conduct environmental analyses. See Montana Code 50-46-302
  • State or local governmental agency: means :

    (a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

    (b) a county, city, town, school district, or other unit of local government and any instrumentality of local government. See Montana Code 49-3-101

  • State plan: means a plan developed by the department to coordinate and administer delivery of services under the Older Americans Act. See Montana Code 52-3-401
  • State prison: means :

    (i) the Montana state prison;

    (ii) the Montana women's prison;

    (iii) a state correctional facility portion of a Montana regional correctional facility;

    (iv) a detention center in another jurisdiction detaining inmates from Montana pursuant to 53-30-106;

    (v) a private correctional facility licensed by the department of corrections or a private correctional facility portion of a Montana regional correctional facility licensed by the department of corrections; or

    (vi) a combination of the facilities listed in this subsection (3)(c). See Montana Code 53-30-101

  • State trauma register: means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system. See Montana Code 50-6-401
  • Statement: means :

    (a) a writing signed or otherwise adopted or approved by a person;

    (b) a video or audio recording of a person's communications or a transcript of the communications; and

    (c) a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Step-down program: means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners. See Montana Code 53-30-702
  • sterilization: means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity. See Montana Code 50-5-501
  • Storage lot: means property owned, leased, or rented by a dealer that is not contiguous to the dealer's established place of business where a motor vehicle from the dealer's inventory may be placed when space at the dealer's established place of business is not available. See Montana Code 61-1-101
  • Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • Street rod: means a motor vehicle, other than a motorcycle, that:

    (a) was manufactured prior to 1949 or was built to resemble a vehicle manufactured before 1949, including a kit vehicle intended to resemble a vehicle manufactured before 1949; and

    (b) has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means an end user who receives telecommunications network access from a service provider. See Montana Code 53-19-302
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • Substance abuse: means the illegal or improper consumption of a drug as defined in this section. See Montana Code 46-1-1103
  • Substance abuse: means the illegal or improper consumption of a drug, but does not include inadvertent error in the use of medication. See Montana Code 46-1-1203
  • Substance abuse treatment: means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use. See Montana Code 46-1-1103
  • Summons: means a written order issued by the court that commands a person to appear before a court at a stated time and place to answer a charge for the offense set forth in the order. See Montana Code 46-1-202
  • Superseded notes: means handwritten notes, including field notes, that have been substantially incorporated into a statement. See Montana Code 46-1-202
  • Supervising authority: means :

    (a) in the case of an adult felon, the department of corrections;

    (b) in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or

    (c) in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court. See Montana Code 46-18-1001

  • Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care. See Montana Code 53-21-1302
  • Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
  • system: means the system of public defender services established pursuant to this chapter. See Montana Code 47-1-103
  • Tattooing: means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. See Montana Code 50-48-102
  • Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 53-19-302
  • Telecommunications relay service: means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones. See Montana Code 53-19-302
  • Telemedicine: has the meaning provided in 33-22-138. See Montana Code 50-46-302
  • Temporary assistance for needy families: means the block grant program established pursuant to 42 U. See Montana Code 53-4-702
  • Temporary assistance for needy families: means the block grant established pursuant to 42 U. See Montana Code 53-2-902
  • Temporary registration permit: means a paper record:

    (a) issued by the department, an authorized agent, a county treasurer, or a person, using a department-approved electronic interface after an electronic record has been transmitted to the department, that contains:

    (i) required vehicle and owner information; and

    (ii) the purpose for which the record was generated; and

    (b) that, when placed in a durable license-plate style plastic pouch approved by the department and displayed as prescribed in 61-3-224, authorizes a person to operate the described motor vehicle, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for:

    (i) 40 days from the date the record is issued or until the vehicle is registered under Title 23 or this title, whichever first occurs; or

    (ii) 90 days from the date the record is issued for a permit issued pursuant to 61-3-303(3)(b). See Montana Code 61-1-101

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Terminal condition: means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time. See Montana Code 50-9-102
  • Terminal illness: means a progressive disease or medical or surgical condition that:

    (a) entails significant functional impairment;

    (b) is not considered by a treating health care provider to be reversible even with administration of a treatment currently approved by the United States food and drug administration; and

    (c) without life-sustaining procedures, will result in death. See Montana Code 50-12-102

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Testing laboratory: means a qualified person, licensed by the department, who meets the requirements of 50-46-311 and:

    (a) provides testing of representative samples of marijuana and marijuana-infused products; and

    (b) provides information regarding the chemical composition, the potency of a sample, and the presence of molds, pesticides, or other contaminants in a sample. See Montana Code 50-46-302

  • Throughway: means a portion of an arterial highway constructed and used for carrying traffic partially or entirely around a town or city or a portion of a town or city. See Montana Code 60-5-102
  • to smoke: includes the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana for a debilitating medical condition as provided for in Title 50, chapter 46. See Montana Code 50-40-103
  • 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.
  • Tourist-oriented directional sign: means a motorist information sign located on the primary highway system to provide:

    (a) business identification; and

    (b) directional information for businesses, services, and activities of interest to tourists. See Montana Code 60-5-502

  • Trade secret: means a confidential formula, pattern, process, device, or information, including chemical name or other unique chemical identifier, that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors. See Montana Code 50-78-102
  • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
  • Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
  • train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
  • Transaction summary receipt: means an electronic record produced and issued by the department, its authorized agent, or a county treasurer for which a paper receipt is issued. See Montana Code 61-1-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferee: means the person in a conversion transaction that receives the ownership or control of the nonprofit health entity that is the subject of the conversion transaction or of the nonprofit health entity's assets. See Montana Code 50-4-701
  • Transferor: means the nonprofit health entity that is the subject of the conversion transaction or the corporation that owns the nonprofit health entity that is the subject of the conversion transaction. See Montana Code 50-4-701
  • Trauma: means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force. See Montana Code 50-6-401
  • Trauma care committee: means the trauma care committee created in 2-15-2216. See Montana Code 50-6-401
  • Trauma care system: means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients. See Montana Code 50-6-401
  • Trauma facility: means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility. See Montana Code 50-6-401
  • Travel trailer: means a vehicle:

    (a) that is 40 feet or less in length;

    (b) that is of a size or weight that does not require special permits when towed by a motor vehicle;

    (c) with gross trailer area of less than 320 square feet; and

    (d) that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence. See Montana Code 61-1-101

  • Treating physician: means an individual who:

    (a) is licensed under Title 37, chapter 3; and

    (b) has a bona fide professional relationship with the individual applying to be a registered cardholder. See Montana Code 50-46-302

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
  • Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Montana Code 61-1-101
  • Trust: means the achieving a better life experience savings trust as provided in 53-25-121. See Montana Code 53-25-103
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust interest: means a designated beneficiary's interest in the trust created by a participating trust agreement and held for the benefit of the designated beneficiary. See Montana Code 53-25-103
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means the department in its capacity as trustee of the trust. See Montana Code 53-25-103
  • Tuberculosis: means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex. See Montana Code 50-17-102
  • Ultimate user: means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Montana Code 50-32-101
  • Unborn child: means the offspring of human beings from conception until birth. See Montana Code 50-20-303
  • Under the influence: has the meaning provided in 61-8-401. See Montana Code 61-1-101
  • Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usable marijuana: means the dried leaves and flowers of the marijuana plant and any marijuana derivatives that are appropriate for the use of marijuana by an individual with a debilitating medical condition. See Montana Code 50-46-302
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
  • Used motor vehicle: includes any motor vehicle that has been sold, bargained, exchanged, or given away or had its title transferred from the person who first took title to it from the manufacturer, importer, dealer, wholesaler, or agent of the manufacturer or importer and that has been used so as to have become what is commonly known as "secondhand" within the ordinary meaning of that term. See Montana Code 61-1-101
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usual: means according to usage. See Montana Code 1-1-206
  • Van: means a motor vehicle designed for the transportation of at least six persons and not more than nine persons and intended for but not limited to family or personal transportation without compensation. See Montana Code 61-1-101
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
  • Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. See Montana Code 61-1-101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 61-1-101
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Viability: means the ability of a fetus to live outside the mother's womb, albeit with artificial aid. See Montana Code 50-20-104
  • Victim: means :

    (a) a person who suffers bodily injury or death as a result of:

    (i) criminally injurious conduct;

    (ii) the person's good faith effort to prevent criminally injurious conduct; or

    (iii) the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or

    (b) a minor child present in a home where domestic violence occurred. See Montana Code 53-9-103

  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Vocational rehabilitation: means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person to the extent possible to become independent and productive or employable. See Montana Code 53-7-301
  • Vocational rehabilitation services: means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person. See Montana Code 53-7-301
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Wholesaler: means a person that for a commission or with intent to make a profit or gain of money or other thing of value sells, exchanges, or attempts to negotiate a sale or exchange of an interest in a used motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment only to dealers and auto auctions licensed under chapter 4, part 1. See Montana Code 61-1-101
  • Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
  • Work area: means a room or defined space in a workplace where hazardous chemicals are produced, used, or stored and where employees are present. See Montana Code 50-78-102
  • Work product: means legal research, records, correspondence, reports, and memoranda, both written and oral, to the extent that they contain the opinions, theories, and conclusions of the prosecutor, defense counsel, or their staff or investigators. See Montana Code 46-1-202
  • Workplace: means an establishment at one geographical location containing one or more work areas. See Montana Code 50-78-102
  • Workplace chemical list: means the list of hazardous chemicals developed under subsection (e)(1)(i) of the OSHA standard or under this chapter. See Montana Code 50-78-102
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203
  • Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 50-46-310 and is provided in a manner that meets the standard of care. See Montana Code 50-46-302
  • Written informed consent: means a written document that meets the requirements of 50-12-105. See Montana Code 50-12-102