Montana code annotated 2011 V.8

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MONTANA CODE ANNOTATED
Statute Text 2011
Code Commissioner
Lee Heiman
Staff Attorneys
Todd Everts, Legal Services Director
Julianne Burkhardt Valencia Lane David Niss
Bart Campbell Robert Stutz, former Legal Helen Thigpen
Jaret Coles Services Director Dan Whyte
Research Analysts
Dave Bohyer, Director of Research & Policy Analysis
Casey Barrs Megan Moore Sherri Scurr
Joe Kolman Patricia Murdo Hope Stockwell
Leanne Kurtz Sonja Nowakowski Rachel Weiss
Jeff Martin Sue O'Connell
Legislative Technical Editors
Connie Dixon, Chief Legislative Technical Editor
Sally Bush, Senior Legislative Technical Editor
Jesse Northerner, Legislative Technical Editor
Office of Legislative Information Technology
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Applications Development
Steve Eller, Supervisor
Systems Analysts
Jim Gordon
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Central Services Office
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Documents Services Manager Distribution & Typesetting
Ann Patten Kevin Hayes
Document Processors Proofreaders
Dawn Field Kip Rusek, Senior Proofreader
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STATE LAW LIBRaRy
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MONTANA CODE ANNOTATED — 2011
CONTENTS OF Mon gan
Volume 1 Volume 7 chod
Preface Titles
The Constitution of the State of Montana poe Law
Index to the Constitution of the State of Montana AQ. asc uen
Titles 43. Reserved
1. General Laws and Definitions 44. Law Enforcement
2 Government Structure and Administration 45. Crimes
3. Judiciary, Courts 46. Criminal Procedure
4. Reserved 47. Access to Legal Services
5. Legislative Branch 48. Reserved
6. Reserved 49. Human Rights
Volume 2 Volume 8
Titles Titles
7. Local Government 50. Health and Safety
8 and 9. Reserved 51. Reserved
10. Military Affairs and Disaster and 52. Family Services
Emergency Services 53. Social Services and Institutions
11 and 12. Reserved 54-59. Reserved
13. Elections 60. Highways and Transportation
14. Reserved 61. Motor Vehicles
62-66. Reserved
Volume 3 67. Aeronautics
Titles 68. Reserved
15. Taxation
16. Alcohol and Tobacco Volume 9
17. State Finance Titles
18. Public Contracts 69. Public Utilities and Carriers
19. Public Retirement Systems 70. Property
71. Mortgages, Pledges, and Liens
Volume 4 72. Estates, Trusts, and Fiduciary Relationships
Titles 73 and 74. Reserved
20. Education 75. Environmental Protection
21. Reserved 76. Land Resources and Use
22. Libraries, Arts, and Antiquities 77. State Lands
. Parks, Recreation, Sports, and Gambling 78 and 79. Reserved
. Reserved
. Civil Procedure Volume 10
. Evidence Titles
. Civil Liability, Remedies, and Limitations 80. Agriculture
. Contracts and Other Obligations 81. Livestock
. Reserved 82. Minerals, Oil, and Gas
83 and 84. Reserved
Volume 5 85. Water Use
Titles 86. Reserved
30. Trade and Commerce 87. Fish and Wildlife
31. Credit Transactions and Relationships 88 and 89. Reserved
32. Financial Institutions 90. Planning, Research, and Development
33. Insurance and Insurance Companies 91-99. Reserved
34. Reserved
Index Volume 11
Volume 6 General Index A-K
Titles
35. Corporations, Partnerships, and Index Volume 12
Associations
General Index L-Z
36. Reserved
37. Professions and Occupations Words and Phrases Defined in Code
38. Reserved Popular Names and Short Titles Index
39. Labor
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TITLE 50
HEALTH AND SAFETY
Q a
Administration of Public Health Laws.
Local Boards of Health.
State Fire Prevention and Investigation Program.
Health Care Policy.
Hospitals and Related Facilities.
Emergency Medical Services.
Home Health Agencies. Repealed.
One-Step Facility Licensing.
Rights of the Terminally II] Act.
Do Not Resuscitate — Notification.
aSSCao O RrB ana on Reproductive Human Cloning.
Chapters 12 through 14 reserved.
Vital Statistics.
Health Care Information.
Tuberculosis Control.
Sexually Transmitted Diseases.
Pregnant Women and Newborn Infants.
Abortion.
Cadavers and Autopsies.
Determination of Death.
Rabies Control.
Chapters 24 through 29 reserved.
Consumer Product Safety Act.
Montana Food, Drug, and Cosmetic Act.
Controlled Substances.
Blood and Blood Products.
Flour and Bread. Repealed.
Imported Meats. Repealed.
Mattresses — Shoddy Control. Repealed.
Fireworks.
Explosives. Repealed.
Fire Protection Equipment.
Smoking in Public Places.
Laetrile. Repealed.
Dimethy] Sulfoxide (DMSO).
Calcium-EAP, Harnosal, and Phosetamin.
Treatment of Chronic Renal Disease. Repealed.
Chapter 45 reserved.
Medical Marijuana Act.
Chapter 47 reserved.
Licensure and Regulation of Tattooing and Body-Piercing Establishments.
Food and Nutrition.
Retail Food Establishments.
Hotels, Motels, and Roominghouses.
Tourist Campgrounds and Trailer Courts.
Public Swimming Pools and Swimming Areas.
Chapters 54 through 56 reserved.
Wholesale Food Establishments.
Chapters 58 and 59 reserved.
Building Construction Standards.
Fire Safety in Public Buildings.
Fire Hazards.
Investigation of Fires.
Asbestos Regulation in Building Construction and Demolition. Repealed.
Cigarette Standards.
Chapters 66 through 69 reserved.
Occupational Health. Repealed.
Occupational Safety and Health.
Safety in Mines Other Than Coal Mines.
Safety in Coal Mines.
Boilers and Steam Engines.
Consolidation of Boiler, Mine, and Coal Mine Inspectors. Repealed.
Hoisting Engines.
Construction Site Health and Safety.
2011 MCA
50-1-101 HEALTH AND SAFETY 2
78. Employee and Community Hazardous Chemical Information Act.
79. Nuclear Regulation.
CHAPTER 1
ADMINISTRATION OF PUBLIC HEALTH LAWS
Part 1— General Provisions
50-1-101. Definitions.
50-1-102. Legal adviser to department.
50-1-103. Enforcement of public health laws.
50-1-104. General penalty.
50-1-105. Policy — purpose.
50-1-106. Collaboration and relationships within public health system.
50-1-107 through 50-1-110 reserved.
50-1-111. Asbestos disease account.
Part 2 — Department
50-1-201. Repealed.
50-1-202. General powers and duties.
50-1-203. Public health inspections.
50-1-204. Quarantine and isolation measures.
50-1-205. Repealed.
50-1-206. Regulation of schools in matters of health.
50-1-207 through 50-1-209 reserved.
50-1-210. Licensing of laboratories.
50-1-211. Terminated.
Part 3— Board
(Repealed)
Part 4— Montana Public Health
Improvement Task Force
(Terminated)
Part 1
General Provisions
50-1-101. Definitions. Unless the context indicates otherwise, in chapter 2 and this
chapter, the following definitions apply:
(1) “Communicable disease” means an illness because of a specific infectious agent or its
toxic products that arises through transmission of that agent or its products from an infected
person, animal, or inanimate reservoir to a susceptible host. The transmission may occur either
directly or indirectly through an intermediate plant or animal host, a transmitting entity, or the
inanimate environment.
(2) “Condition of public health importance” means a disease, injury, or other condition that
is identifiable on an individual or community level and that can reasonably be expected to lead to
adverse health effects in the community.
(3) “Department” means the department of public health and human services provided for
in 2-15-2201.
(4) “Inanimate reservoir” means soil, a substance, or a combination of soil and a substance:
(a) in which an infectious agent normally lives and multiplies;
(b) on which an infectious agent depends primarily for survival; and
(c) where an infectious agent reproduces in a manner that allows the infectious agent to be
transmitted to a susceptible host.
(5) “Institutional controls” means legal or regulatory mechanisms designed to protect
public health and safety that:
(a) limit access to or limit or condition the use of environmentally contaminated property or
media;
(b) provide for the protection or preservation of environmental cleanup measures; or
(c) inform the public that property or media is or may be environmentally contaminated.
(6) “Isolation” means the physical separation and confinement of an individual or groups of
individuals who are infected or reasonably believed to be infected with a communicable disease
2011 MCA
3 ADMINISTRATION OF PUBLIC HEALTH LAWS 50-1-103
or possibly communicable disease from nonisolated individuals to prevent or limit the
transmission of the communicable disease to nonisolated individuals.
(7) “Local board of health” or “local board” means a county, city, city-county, or district
board of health.
(8) “Local health officer” means a county, city, city-county, or district health officer
appointed by a local board of health. With regard to the exercise of the duties and authorities of a
local health officer, the term may include an authorized representative of the local health officer.
(9) “Local public health agency” means an organization operated by a local government in
the state, including local boards of health or local health officers, that principally acts to protect
or preserve the public health.
(10) “Physician” has the meaning provided in 37-3-102.
(11) “Public health services and functions” means those services and functions necessary to
promote the conditions in which the population can be healthy and safe, including:
(a) population-based or individual efforts primarily aimed at the prevention of injury,
disease, or premature mortality; or
(b) the promotion of health in the community, such as assessing the health needs and status
of the community through public health surveillance and epidemiological research, developing
public health policy, and responding to public health needs and emergencies.
(12) “Public health system” means state and local public health agencies and their public
and private sector partners.
(13) “Quarantine” means the physical separation and confinement of an individual or groups
of individuals who are or may have been exposed to a communicable disease or possibly
communicable disease and who do not show signs or symptoms of a communicable disease from
nonquarantined individuals to prevent or limit the transmission of the communicable disease to
nonquarantined individuals.
(14) “Screening” means diagnostic or investigative analysis or medical procedures that
determine the presence or absence of or exposure to a condition of public health importance or
the condition’s precursor in an individual.
(15) “Testing” has the same meaning as screening.
History: En.Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; R.C.M. 1947, 69-4102; amd. Sec. 85, Ch.
418, L. 1995; amd. Sec. 238, Ch. 546, L. 1995; amd. Sec. 3, Ch. 391, L. 2003; amd. Sec. 3, Ch. 150, L. 2007.
Cross-References
Tuberculosis control, Title 50, ch. 17.
Sexually transmitted diseases, Title 50, ch. 18.
50-1-102. Legal adviser to department. The attorney general is legal adviser to the
department. If the county attorney fails to act and with the approval of the attorney general, the
department may retain special counsel and compensate the special counsel from appropriations
to the department.
History: En. Sec. 11, Ch. 197, L. 1967; amd. Sec. 32, Ch. 349, L. 1974; amd. Sec. 2, Ch. 288, L. 1977; R.C.M.
1947, 69-4111(part); amd. Sec. 239, Ch. 546, L. 1995.
Cross-References
Duties of Attorney General, 2-15-501.
Prosecutorial duties of County Attorney, 7-4-2712.
Duties of County Attorney relating to state matters, 7-4-2716.
50-1-103. Enforcement of public health laws. (1) Either the county attorney of a county
where a cause of action arises or the department may bring an action necessary to abate,
restrain, or prosecute the violation of public health laws.
(2) Except as otherwise provided in the public health laws administered by the department,
the department may, through the attorney general or appropriate county attorney, sue in
district court to enjoin any violation of the public health laws, rules, or orders adopted or issued
under the public health laws administered by the department.
History: En. Sec. 11, Ch. 197, L. 1967; amd. Sec. 32, Ch. 349, L. 1974; amd. Sec. 2, Ch. 288, L. 1977; R.C.M.
1947, 69-4111(part); amd. Sec. 240, Ch. 546, L. 1995.
Cross-References
Prosecutorial duties of County Attorney, 7-4-2712.
Duties of County Attorney relating to state matters, 7-4-2716.
Injunctions, Rule 65, M.R.Civ.P. (see Title 25, ch. 20); Title 27, ch. 19.
2011 MCA
50-1-104 HEALTH AND SAFETY 4
50-1-104. General penalty. Anyone who violates a rule adopted by the department for
which a penalty is not specified is guilty of a misdemeanor.
History: En. Sec. 221, Ch. 197, L. 1967; amd. Sec. 82, Ch. 349, L. 1974; R.C.M. 1947, 69-5701; amd. Sec. 241,
Ch. 546, L. 1995.
Cross-References
Penalty when none specified, 46-18-212.
50-1-105. Policy — purpose. (1) It is the policy of the state of Montana that the health of
the public be protected and promoted to the extent practicable through the public health system
while respecting individual rights to dignity, privacy, and nondiscrimination.
(2) The purpose of Montana’s public health system is to provide leadership and to protect
and promote the public’s health by:
(a) promoting conditions in which people can be healthy;
(b) providing or promoting the provision of public health services and functions, including:
(i) monitoring health status to identify and recommend solutions to community health
problems;
(ii) investigating and diagnosing health problems and health hazards in the community;
(1) informing and educating individuals about health issues;
(iv) coordinating public and private sector collaboration and action to identify and solve
health problems;
(v) developing policies, plans, and programs that support individual and community health
efforts;
(vi) implementing and enforcing laws and regulations that protect health and ensure safety;
(vii) linking individuals to needed personal health services and assisting with needed health
care when otherwise unavailable;
(vii) to the extent practicable, providing a competent public health workforce;
(ix) evaluating effectiveness, accessibility, and quality of personal and population-based
health services; and
(x) tothe extent that resources are available, conducting research for new insights on and
innovative solutions to health problems;
(c) encouraging collaboration among public and private sector partners in the public health
system;
(d) seeking adequate funding and other resources to provide public health services and
functions or accomplish public health system goals through public or private sources;
(e) striving to ensure that public health services and functions are provided and public
health powers are used based upon the best available scientific evidence; and
(f) implementing the role of public health services and functions, health promotion, and
preventive health services within the state health care system.
(3) Title 50, chapter 2, and this chapter may not be construed to require an individual or
agency within the public health system to provide specific health services or to mandate state
public health agencies and local public health agencies to implement unfunded programs.
History: En. Sec. 1, Ch. 150, L. 2007.
50-1-106. Collaboration and relationships within public health system. (1) In
general, the department and local public health agencies shall seek to establish working
relationships with federal, tribal, and other state or local public health agencies and with other
public sector partners engaged in the provision of public health services and functions within the
public health system.
(2) The department may enter an agreement with any federal agency to coordinate the
provision of public health services and functions.
(3) The department may enter an agreement with any other state or any agencies in any
other state to coordinate the provision of public health services and functions among the states
that are parties to the agreement.
(4) Any local public health agency may enter agreements with other local public health
agencies in the state to coordinate the provision of public health services and functions
consistent with Title 50, chapter 2, and this chapter. The local public health agency shall submit
any agreement entered into pursuant to this section to the department.
2011 MCA