Displaying information for All Roles located in Montana for All Scenarios

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Montana

Liability

Title

Profession

Summary

Good Samaritan Law

Physician, Emergency Medical Services Professional, Firefighter,

An individual who, in good faith and without compensation, provides emergency care at the scene of an emergency or accident, will not be held legally responsible for acting or failing to act. This section includes persons trained to operate an ambulance or trained to provide emergency medical care on a volunteer basis. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Liability: Hazardous Material Incident

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

The State, a political subdivision, the state emergency response commission, a local, state, or private response team, or an employee or representative of any of the previous, who provides aid regarding the release, or threatened release, of a hazardous material, will not be held legally responsible for damage, injuries, or cost.

Liability: Physician Assistant and Supervising Physician

Other Medical Professional, Physician,

When an emergency declaration is in effect, a physician assistant, who voluntarily and without compensation provides care, or a physician, who supervises a physician assistant, will not be held legally responsible for acting or failing to act.

Liability: Health Care Professional

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a Montana licensed health care professional who, in good faith, provides care will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. A licensing board or program can impose administrative sanctions on a health care provider for unprofessional conduct during a public health emergency. This section does not apply to health care professionals employed by the United States, Montana, or a political subdivision.

Liability: Medical Direction to Emergency Medical Services Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional,

A physician, physician assistant, or registered nurse, who provides online medical direction to a member of an emergency medical service but whose professional practice is not primarily in the emergency or trauma room, will not be held legally responsible for damages resulting from instructions. They can be held legally responsible if acting with extreme carelessness. The physician, physician assistant, or registered nurse must act consistent with protocols approved by the department in licensing the emergency medical services providers and the level of licensure of the emergency medical services being instructed.

Liability: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who provides assistant pursuant to an intrastate mutual aid agreement and complies, or attempts to comply, with the system, will not be held legally responsible for property damage or injury to another person. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section is limited to the intrastate mutual aid system.

Liability: Food Donation

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who donates canned or perishable food to nonprofit or charitable organization for free distribution, or the nonprofit or charitable organization who distributes the food will not be held legally responsible for injuries or death related to the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section only applies when the food was considered fit for human consumption at the donation or distribution.

Liability: Chiropractor

Other Medical Professional,

A chiropractor with a temporary or out of state license, or a chiropractor supervising a chiropractor with a temporary license, who, voluntarily and outside their ordinary course of employment, provides care during an emergency or disaster, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Liability: Use of AED or CPR

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who provides emergency care by using an AED or CPR, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Liability: Medical Practitioner and Dental Hygienist

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Veterinarian, Dentist, Pharmacist, Mental or Behavioral Health Professional,

A medical practitioner or a dental hygienist, who, voluntarily and without compensation, provides care to an uninsured patient at no cost will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness, intent to cause harm, or maintain malpractice insurance covering such services.

Liability: Government

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

The state, a political subdivision, or the agents, representatives, or a political subdivision of the state will not be held legally responsible for property damage or injury to a volunteer civilian defense worker, a volunteer professional, or a person engaged in civilian defense or recovery activities. The individual or entity must comply, or attempt to comply, with all orders and rules. This section does not limit workers' compensation entitlements.

Liability: Nonprofit Officer, Director, or Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An officer, director, or volunteer of a nonprofit, who acts within the scope of their duties, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with intent to cause harm.

License Reciprocity

Title

Profession

Summary

License Reciprocity: Retired Dentist or Dental Hygienist

Other Medical Professional, Dentist,

A retired or nonpracticing dentist or dental hygienist can apply for a license to provide uncompensated care to under-served, uninsured, or low-income populations.

License Reciprocity: Intrastate Mutual Aid System

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect or during a drill, a person or entity, who holds a license, certificate, or permit issued by a participating jurisdiction, will be considered licensed, certified, or permitted in the requesting jurisdiction. This section is limited to intrastate mutual aid system.

License Reciprocity: Volunteer Professional

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a volunteer professional, who holds an active, unrestricted license in another state, can practice in Montana as if they are licensed in Montana. They must follow the scope and standard of practice of Montana. The professional must register with the appropriate licensing board.

License Reciprocity: Chiropractor

Other Medical Professional,

A chiropractor with an out of state license, or a chiropractor supervising a chiropractor with a temporary license who provides medical care in response to an emergency or disaster, does not have to comply with supervision requirements. This is limited to the duration of the emergency or disaster.

License Reciprocity: Dentist or Dental Hygienist

Other Medical Professional, Dentist,

A dentist or dental hygienist who is licensed and in good standing in another state can be issued a restricted temporary license to provided uncompensated care at federally funded community health centers. This license can be renewed annually.

Scope of Practice

Title

Profession

Summary

License Reciprocity: Volunteer Professional

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, a volunteer professional, who holds an active, unrestricted license in another state, can practice in Montana as if they are licensed in Montana. They must follow the scope and standard of practice of Montana. The professional must register with the appropriate licensing board.

Scope of Practice: Physician Assistant

Other Medical Professional, Physician,

When an emergency declaration is in effect, a licensed physician assistant can provide care in response to the emergency or declaration without physician supervision or whatever supervision is available.

License Reciprocity: Chiropractor

Other Medical Professional,

A chiropractor with an out of state license, or a chiropractor supervising a chiropractor with a temporary license who provides medical care in response to an emergency or disaster, does not have to comply with supervision requirements. This is limited to the duration of the emergency or disaster.

Workers' Benefits

Title

Profession

Summary

Workers' Compensation: Air Search and Rescue Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An air search and rescue volunteer, who is injured or killed while performing their duties, is entitled to workers' compensation.

Workers' Compensation: Volunteer Firefighter

Firefighter,

A fire agency can choose to provide volunteer firefighters workers' compensation, if they are injured or killed while performing their duties.

Workers' Compensation: Intrastate Mutual Aid System

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who is performing duties for a intrastate mutual aid agreement and is injured or killed, will be entitled to the same workers' compensation as if they were in their home jurisdiction. This section is limited to statewide mutual aid agreements.

Workers' Benefits: Disaster Relief Volunteer Service

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An employee of an agency, who is a certified American Red Cross disaster relief volunteer, and their aid is requested by the American Red Cross, can be granted leave with pay to provide aid. This is limited to 15 days in a 12 month period either consecutively or nonconsecutively .