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Part 1. General Provisions
50-5-101. Definitions - 50-5-101. Definitions. As used in parts 1 through 3 of...
50-5-102. Repealed - 50-5-102. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-103. Rules and standards -- accreditation - 50-5-103. Rules and standards -- accreditation. (1) The department shall...
50-5-104. Certain exemptions for spiritual healing institution - 50-5-104. Certain exemptions for spiritual healing institution. Parts 1 through...
50-5-105. Discrimination prohibited - 50-5-105. Discrimination prohibited. (1) All phases of the operation of...
50-5-106. Records and reports required of health care facilities -- confidentiality - 50-5-106. Records and reports required of health care facilities --...
50-5-107. Unlawful use of word nursing - 50-5-107. Unlawful use of word nursing. It is unlawful for...
50-5-108. Injunction - 50-5-108. Injunction. The department may bring an action for injunction...
50-5-109. Repealed - 50-5-109. Repealed. Sec. 13, Ch. 415, L. 1993. History: En....
50-5-110. reserved - 50-5-110 reserved.
50-5-111. Prohibited activities - 50-5-111. Prohibited activities. It is unlawful to: (1) operate a...
50-5-112. Civil penalties - 50-5-112. Civil penalties. (1) A person who commits an act...
50-5-113. Criminal penalties - 50-5-113. Criminal penalties. (1) A person is guilty of a...
50-5-114. Administrative enforcement -- notice -- order for corrective action - 50-5-114. Administrative enforcement -- notice -- order for corrective action....
50-5-115. Receiverships - 50-5-115. Receiverships. (1) If receivership has not already been instituted...
50-5-116. Facility inspections - 50-5-116. Facility inspections. (1) In addition to its annual licensure...
50-5-117. Economic credentialing of physicians prohibited -- definitions - 50-5-117. Economic credentialing of physicians prohibited -- definitions. (1) Except...
50-5-118. through 50-5-120 reserved - 50-5-118 through 50-5-120 reserved.
50-5-121. Hospital discrimination based on ability to pay prohibited -- charity care requirements - 50-5-121. Hospital discrimination based on ability to pay prohibited --...
50-5-122. Transfer of hospital patients - 50-5-122. Transfer of hospital patients. In cases where the federal...
Part 2. Licensing
50-5-201. License requirements - 50-5-201. License requirements. (1) A facility or licensee considering construction...
50-5-202. License fees - 50-5-202. License fees. The department shall collect fees for each...
50-5-203. Application for license - 50-5-203. Application for license. The procedure to apply for a...
50-5-204. Issuance and renewal of licenses -- inspections - 50-5-204. Issuance and renewal of licenses -- inspections. (1) After...
50-5-205. Repealed - 50-5-205. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-206. Repealed - 50-5-206. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license - 50-5-207. Denial, suspension, or revocation of health care facility license...
50-5-208. Hearing required - 50-5-208. Hearing required. (1) A license may not be denied,...
50-5-209. Repealed - 50-5-209. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-210. Department to make rules -- standards for hospices - 50-5-210. Department to make rules -- standards for hospices. (1)...
50-5-211. Hospital hospice programs -- exemptions from separate licensure - 50-5-211. Hospital hospice programs -- exemptions from separate licensure. A...
50-5-212. Organ procurement program required - 50-5-212. Organ procurement program required. The administrator of a hospital...
50-5-213. Requirements for home infusion therapy services - 50-5-213. Requirements for home infusion therapy services. An agency providing...
50-5-214. Requirements for retirement homes - 50-5-214. Requirements for retirement homes. A retirement home shall offer...
50-5-215. Standards for adult foster care homes - 50-5-215. Standards for adult foster care homes. The department may...
50-5-216. Limitation on care provided in adult foster care home - 50-5-216. Limitation on care provided in adult foster care home....
50-5-217. through 50-5-219 reserved - 50-5-217 through 50-5-219 reserved.
50-5-220. Licensure of outdoor behavioral programs -- exemption - 50-5-220. Licensure of outdoor behavioral programs -- exemption. (1) The...
50-5-221. Repealed - 50-5-221. Repealed. Sec. 13, Ch. 415, L. 1993. History: En....
50-5-222. and 50-5-223 reserved - 50-5-222 and 50-5-223 reserved.
50-5-224. Renumbered 53-21-199 - 50-5-224. Renumbered 53-21-199. Code Commissioner, 2019.
50-5-225. Assisted living facilities -- services to residents -- employee background checks - 50-5-225. Assisted living facilities -- services to residents -- employee...
50-5-226. Placement in assisted living facilities - 50-5-226. Placement in assisted living facilities. (1) An assisted living...
50-5-227. Licensing assisted living facilities - 50-5-227. Licensing assisted living facilities. (1) The department shall by...
50-5-228. Limited licensing - 50-5-228. Limited licensing. The department may grant a license that...
50-5-229. Repealed - 50-5-229. Repealed. Sec. 13, Ch. 415, L. 1993. History: En....
50-5-230. Repealed - 50-5-230. Repealed. Sec. 13, Ch. 415, L. 1993. History: En....
50-5-231. Repealed - 50-5-231. Repealed. Sec. 13, Ch. 415, L. 1993. History: En....
50-5-232. Patient protection account -- deposit of funds - 50-5-232. Patient protection account -- deposit of funds. (1) There...
50-5-233. Designation of critical access hospitals -- adoption of rules - 50-5-233. Designation of critical access hospitals -- adoption of rules....
50-5-234. reserved - 50-5-234 reserved.
50-5-235. Hourly limitation waivable by department or department's designee - 50-5-235. Hourly limitation waivable by department or department's designee. The...
50-5-236. and 50-5-237 reserved - 50-5-236 and 50-5-237 reserved.
50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking - 50-5-238. Licensure of intermediate care facility for developmentally disabled --...
50-5-239. through 50-5-244 reserved - 50-5-239 through 50-5-244 reserved.
50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium - 50-5-245. Department to license specialty hospitals -- standards -- rulemaking...
50-5-246. Specialty hospital application process -- impact study - 50-5-246. Specialty hospital application process -- impact study. (1) The...
50-5-247. Licensure of eating disorder centers -- rulemaking -- definition - 50-5-247. Licensure of eating disorder centers -- rulemaking -- definition....
Part 3. Certificate of Need
50-5-301. When certificate of need is required -- definitions -- report on capital expenditures not subject to certificate of need - 50-5-301. When certificate of need is required -- definitions --...
50-5-302. Letter of intent -- application and review process - 50-5-302. Letter of intent -- application and review process. (1)...
50-5-303. Repealed - 50-5-303. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-304. Review criteria, required findings, and standards - 50-5-304. Review criteria, required findings, and standards. The department shall...
50-5-305. Period of validity of approved application - 50-5-305. Period of validity of approved application. (1) A certificate...
50-5-306. Right to hearing and appeal - 50-5-306. Right to hearing and appeal. (1) An affected person...
50-5-307. Civil penalty -- injunction - 50-5-307. Civil penalty -- injunction. (1) A person who violates...
50-5-308. Special circumstances - 50-5-308. Special circumstances. The department shall issue a certificate of...
50-5-309. Exemptions from certificate of need review - 50-5-309. Exemptions from certificate of need review. The following are...
50-5-310. Fees - 50-5-310. Fees. (1) There is no fee for filing a...
50-5-311. through 50-5-315 reserved - 50-5-311 through 50-5-315 reserved.
50-5-316. Repealed - 50-5-316. Repealed. Sec. 20, Ch. 93, L. 1997. History: En....
50-5-317. Repealed - 50-5-317. Repealed. Sec. 4, Ch. 764, L. 1991. History: En....
Part 4. State Plans and Programs -- Federal Aid (Repealed)
50-5-401. Repealed - 50-5-401. Repealed. Sec. 27, Ch. 347, L. 1979. History: (1)En....
50-5-402. Repealed - 50-5-402. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-403. Repealed - 50-5-403. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-404. Repealed - 50-5-404. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-405. Repealed - 50-5-405. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-406. Repealed - 50-5-406. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-407. Repealed - 50-5-407. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-408. Repealed - 50-5-408. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-409. Repealed - 50-5-409. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-410. Repealed - 50-5-410. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-411. Repealed - 50-5-411. Repealed. Sec. 1, Ch. 8, L. 1997. History: En....
50-5-412. Repealed - 50-5-412. Repealed. Sec. 27, Ch. 347, L. 1979. History: En....
50-5-413. through 50-5-420 reserved - 50-5-413 through 50-5-420 reserved.
50-5-421. Repealed - 50-5-421. Repealed. Sec. 156, Ch. 370, L. 1987. History: En....
50-5-422. Repealed - 50-5-422. Repealed. Sec. 156, Ch. 370, L. 1987. History: En....
50-5-423. Repealed - 50-5-423. Repealed. Sec. 156, Ch. 370, L. 1987. History: En....
50-5-424. Repealed - 50-5-424. Repealed. Sec. 156, Ch. 370, L. 1987. History: En....
Part 5. Right to Refuse Participation in Sterilization
50-5-501. Definitions - 50-5-501. Definitions. As used in this part: (1) "person" includes...
50-5-502. Refusal by hospital or health care facility to participate in sterilization - 50-5-502. Refusal by hospital or health care facility to participate...
50-5-503. Refusal by individual to participate in sterilization - 50-5-503. Refusal by individual to participate in sterilization. (1) All...
50-5-504. Unlawful to interfere with right of refusal - 50-5-504. Unlawful to interfere with right of refusal. (1) It...
50-5-505. Refusal not grounds for loss of privileges, immunities, or public benefits - 50-5-505. Refusal not grounds for loss of privileges, immunities, or...
Part 6. Family Practice Residency Training
50-5-601. Short title - 50-5-601. Short title. This part may be cited as the...
50-5-602. Definitions - 50-5-602. Definitions. As used in this part, the following definitions...
50-5-603. Montana family practice training program - 50-5-603. Montana family practice training program. (1) There is a...
50-5-604. through 50-5-610 reserved - 50-5-604 through 50-5-610 reserved.
50-5-611. Funding limitations - 50-5-611. Funding limitations. (1) Money appropriated for residency training is...
Part 7. Lay Caregivers
50-5-701. Definitions - 50-5-701. Definitions. As used in this part, the following definitions...
50-5-702. Lay caregiver -- designation - 50-5-702. Lay caregiver -- designation. (1) (a) As soon as...
50-5-703. Notice to designated lay caregiver - 50-5-703. Notice to designated lay caregiver. (1) A hospital shall...
50-5-704. Instruction to designated lay caregiver - 50-5-704. Instruction to designated lay caregiver. (1) As soon as...
50-5-705. Noninterference with powers of existing health care directives - 50-5-705. Noninterference with powers of existing health care directives. (1)...
50-5-706. Noninterference with care or discharge - 50-5-706. Noninterference with care or discharge. Nothing in this part...
50-5-707. Immunity - 50-5-707. Immunity. (1) Nothing in this part may be construed...
Part 11. Long-Term Health Care Facilities
50-5-1101. Short title - 50-5-1101. Short title. This part may be cited as the...
50-5-1102. Findings and purpose - 50-5-1102. Findings and purpose. (1) The legislature finds and declares...
50-5-1103. Definitions - 50-5-1103. Definitions. As used in this part, the following definitions...
50-5-1104. Rights of long-term care facility residents - 50-5-1104. Rights of long-term care facility residents. (1) The state...
50-5-1105. Long-term care facility to adopt and post residents' rights - 50-5-1105. Long-term care facility to adopt and post residents' rights....
50-5-1106. Resident's rights devolve to authorized representative - 50-5-1106. Resident's rights devolve to authorized representative. The rights and...
50-5-1107. Enforcement of residents' rights - 50-5-1107. Enforcement of residents' rights. The requirements of 50-5-1104 through...
Part 12. Safety Devices in Long-Term Care Facilities
50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent - 50-5-1201. Use of safety devices -- request and consent --...
50-5-1202. Definitions - 50-5-1202. Definitions. As used in this part, the following definitions...
50-5-1203. Procedures -- informed consent -- physician involvement - 50-5-1203. Procedures -- informed consent -- physician involvement. (1) Upon...
50-5-1204. Long-term care facility procedures - 50-5-1204. Long-term care facility procedures. A long-term care facility that...
50-5-1205. Survey compliance and department enforcement -- rulemaking authority - 50-5-1205. Survey compliance and department enforcement -- rulemaking authority. (1)...
Part 13. Proxy Decisionmakers
50-5-1301. Definitions - 50-5-1301. Definitions. As used in this part, the following definitions...
50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker - 50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker....
50-5-1303. Notification to interested persons -- selection of proxy decisionmaker - 50-5-1303. Notification to interested persons -- selection of proxy decisionmaker....
50-5-1304. Appointment of certain health care providers as medical proxy decisionmaker -- limitations -- termination - 50-5-1304. Appointment of certain health care providers as medical proxy...
50-5-1305. Treatment guidelines when health care providers serve as proxy decisionmakers - 50-5-1305. Treatment guidelines when health care providers serve as proxy...
50-5-1306. Medical ethics committee assistance in decisions on withholding or withdrawing treatment - 50-5-1306. Medical ethics committee assistance in decisions on withholding or...
50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker - 50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker....
50-5-1308. Immunity - 50-5-1308. Immunity. (1) An attending health care provider, provider's designee,...