Montana code annotated

1140 Pages·2003·126.4 MB·English

by  Montana

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MONTANA CODE ANNOTATED
Adopted by Chapter 1, Laws of 1979
Code Commissioner & Director of Legal Services
Gregory J. Petesch,
Staff Attorneys”
Bart Campbell Saiaiieee
Lee Heiman STATE I. id | |L IBRR Y
Valencia Lane. 3
Eddye McClure - SEP 2 6 ‘
John MacMaster Se AN
David Niss OF MONTANA
Doug Sternberg, Legal ESSE
Legislative Editors reste tenr
Sasi
Carol Ann Jacobsen, Chief Editor
tbeeoe r
Sally Bush, Senior Editor
Connie Dixon, Legislative Editor
Indexer
Nadine E. Fox
Office of Legislative Information Technology
Hank Trenk - Director
Systems Analyst Programmer/Analysts
Jim Gordon Mark Javornik
Margie Peterson
Central Services Office
Lois Menzies - Director
Documents Services Manager Distribution & Typesetting
Ann Patten Kevin Hayes
Proofreaders
Kip Davis
Jesse Northerner
Published and Distributed by
Montana Legislative Services Division
Capitol Bldg Rm 110
1301 E 6th Ave
PO Box 201706
Helena, MT 59620-1706
Telephone [phone] FAX [phone]
Internet http://leg.state.mt.us
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West Group
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Fagan MN 55123
£008. 8 ¢ 432
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MONTANA CODE ANNOTATED — 2003
CONTENTS
Volume 1 Volume 7
Preface Titles
CONSTITUTION 40. Family Law
Titles 41. Minors
1. General Laws and Definitions 42. Adoption
2. Government Structure and Administration 43. Reserved
3. Judiciary, Courts 44, Law Enforcement
4. Reserved 45. Crimes
5. Legislative Branch 46. Criminal Procedure
6. Reserved 47 and 48. Reserved
49. Human Rights
Volume 2
Titles Volume 8
7. Local Government Titles
8 and 9. Reserved 50. Health and Safety
10. Military Affairs and Disaster and 51. Reserved
Emergency Services 52. Family Services
11 and 12. Reserved 53. Social Services and Institutions
13. Elections 54-59. Reserved
14. Reserved 60. Highways and Transportation
61. Motor Vehicles
Volume 3 62-66. Reserved
Titles 67. Aeronautics
15. Taxation 68. Reserved
16. Alcohol and Tobacco
17. State Finance Volume 9
18. Public Contracts Titles
19. Public Retirement Systems 69. Public Utilities and Carriers
70. Property
Volume 4 71. Mortgages, Pledges, and Liens
Titles 72. Estates, Trusts, and Fiduciary Relationships
20. Education 73 and 74. Reserved
21. Reserved 75. Environmental Protection
22. Libraries, Arts, and Antiquities 76. Land Resources and Use
23. Parks, Recreation, Sports, and Gambling 77. State Lands
24. Reserved 78 and 79. Reserved
25. Civil Procedure
26. Evidence Volume 10
27. Civil Liability, Remedies, and Limitations Titles
28. Contracts and Other Obligations 80. Agriculture
29. Reserved 81. Livestock
82. Minerals, Oil, and Gas
Volume 5 83 and 84. Reserved
Titles 85. Water Use
30. Trade and Commerce 86. Reserved
31. Credit Transactions and Relationships 87. Fish and Wildlife
32. Financial Institutions 88 and 89. Reserved
33. Insurance and Insurance Companies 90. Planning, Research, and Development
34. Reserved 91-99. Reserved
INDEX
Volume 6
Titles
35. Corporations, Partnerships, and
Associations
36. Reserved
37. Professions and Occupations
38. Reserved
39. Labor
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HEALTH AND SAFETY
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.
CONRRigAhtRs wofW tYhe HTDer minally Il] Act.
10. Do Not Resuscitate — Notification.
Chapters 11 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.
Dimethyl Sulfoxide (DMSO).
Calcium-EAP, Harnosal, and Phosetamin.
Treatment of Chronic Renal Disease.
Chapters 45 through 48 reserved.
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 and Retail and Wholesale Nonprescription Drug 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.
Chapters 65 through 69 reserved.
Occupational Health.
Occupational Safety.
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.
Employee and Community Hazardous Chemical Information Act.
Nuclear Regulation.
2003 MCA
50-1-101 HEALTH AND SAFETY 2
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. e
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.
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 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) “Department” means the department of public health and human services provided for
in 2-15-2201.
(3) “Inanimate reservoir” means soil, asubstance, 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.
(4) “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
or possibly communicable disease from nonisolated individuals to prevent or limit the
transmission of the communicable disease to nonisolated individuals.
(5) “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.
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.
Compiler’s Comments ;
2003 Amendment: Chapter 391 substituted definition of communicable disease for former definition that read:
““Communicable disease” means a disease designated communicable by the department”; and inserted definitions of
inanimate reservoir, isolation, and quarantine. Amendment effective April 17, 2003.
Cross-References
Tuberculosis control, Title 50, ch. 17.
Sexually transmitted diseases, Title 50, ch. 18.
2003 MCA
3 ADMINISTRATION OF PUBLIC HEALTH LAWS 90-1-202
30-1-102. 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.
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.
Part 2
Department
50-1-201. Repealed. Sec. 20, Ch. 378, L. 1995.
History: En. 69-4110.1 by Sec. 1, Ch. 184, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; R.C.M. 1947, 69-4110.1;
amd. Sec. 21, Ch. 606, L. 1993.
530-1-202. General powers and duties. The department:
(1) shall study conditions affecting the citizens of the state by making use of birth, death,
and sickness records;
(2) shall make investigations, disseminate information, and make recommendations for
control of diseases and improvement of public health to persons, groups, or the public;
(3) at the request of the governor, shall administer any federal health program for which
responsibilities are delegated to states;
(4) shall inspect and work in conjunction with custodial institutions and Montana
university system units periodically as necessary and at other times on request of the governor;
(5) after each inspection made under subsection (4), shall submit a written report on
sanitary conditions to the governor and to the director of the department of corrections or the
commissioner of higher education and include recommendations for improvement in conditions
if necessary;
(6) shall advise state agencies on location, drainage, water supply, disposal of excreta,
heating, plumbing, sewer systems, and ventilation of public buildings;
(7) shall develop and administer activities for the protection and improvement of dental
health and supervise dentists employed by the state, local boards of health, or schools;
(8) shall develop, adopt, and administer rules setting standards for participation in and
operation of programs to protect the health of mothers and children, which rules may include
programs for nutrition, family planning services, improved pregnancy outcome, and those
authorized by Title X of the federal Public Health Service Act and Title V of the federal Social
Security Act;
2003 MCA
90-1-203 HEALTH AND SAFETY 4
(9) shall conduct health education programs;
(10) shall provide consultation to school and local community health nurses in the
performance of their duties;
(11) shall consult with the superintendent of public instruction on health measures for
schools;
(12) shall develop, adopt, and administer rules setting standards for a program to provide
services to children with disabilities, including standards for:
(a) diagnosis;
(b) medical, surgical, and corrective treatment;
(c) aftercare and related services; and
(d) eligibility;
(13) shall provide consultation to local boards of health;
(14) shall bring actions in court for the enforcement of the health laws and defend actions
brought against the board or department;
(15) shall accept and expend federal funds available for public health services;
(16) must have the power to use personnel of local departments of health to assist in the
administration of laws relating to public health;
(17) shall adopt rules imposing fees for the tests and services performed by the department's
laboratory. Fees should reflect the actual costs of the tests or services provided. The department
may not establish fees exceeding the costs incurred in performing tests and services. All fees
must be deposited in the state special revenue fund for the use of the department in performing
tests and services.
(18) shall adopt and enforce rules regarding the reporting and control of communicable
diseases;
(19) shall adopt and enforce rules regarding the transportation of dead human bodies;
(20) shall adopt and enforce rules and standards concerning the issuance of licenses to
laboratories that conduct analysis of public water supply systems;
(21) shall adopt and enforce minimum sanitation requirements for tattooing as provided in
50-2-116, including regulation of premises, equipment, and methods of operation, solely
oriented to the protection of public health and the prevention of communicable disease; and
(22) shall enact or take measures to prevent and alleviate injury from the release of
biological, chemical, or radiological agents capable of causing imminent infection, disability, or
death.
History: En. Sec. 10, Ch. 197, L. 1967; amd. Sec. 31, Ch. 349, L. 1974; amd. Sec. 1, Ch. 288, L. 1977; R.C.M.
1947, 69-4110; amd. Sec. 7, Ch. 200, L. 1979; amd. Sec. 1, Ch. 219, L. 1979; amd. Sec. 1, Ch. 230, L. 1983; amd. Sec.
48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 660, L. 1983; amd. Sec. 1, Ch. 197, L. 1989; amd. Sec. 1, Ch. 262, L. 1991;
amd. Sec. 1, Ch. 324, L. 1995; amd. Secs. 242, 568, Ch. 546, L. 1995; amd. Sec. 5, Ch. 73, L. 1997; amd. Sec. 46, Ch.
472, L. 1997; amd. Sec. 4, Ch. 391, L. 2003.
Compiler’s Comments
2003 Amendment: Chapter 391 in (18) after “regarding” deleted “the definition of communicable diseases and”;
inserted (22) requiring the department to take measures to prevent and alleviate injury from the release of biological,
chemical, or radiological agents capable of causing imminent infection, disability, or death; and made minor changes
in style. Amendment effective April 17, 2003.
Cross-References
Adoption and publication of rules, Title 2, ch. 4, part 3.
Fund structure, Title 17, ch. 2.
Montana University System, Title 20, ch. 25.
Policy to protect children from abuse, 41-3-101.
Local boards of health, Title 50, ch. 2, part 1.
One-step licensing — inspection by other Department, Title 50, ch. 8.
Departmental duties for control of tuberculosis, 50-17-103.
General administration of Department of Corrections, Title 53, ch. 1, part 2.
50-1-203. Public health inspections. (1) The department may make public health
inspections of schoolhouses, churches, theaters, jails, and other buildings or facilities where
persons assemble. If public health deficiencies are found in the facty: the department may
direct that conditions be corrected within a reasonable time.
(2) Either the department or a local board of health may bring an action, including an action
for injunctive relief, to correct the public health deficiencies.
2003 MCA