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Emergency Law Inventory | Full Law Text

Law Number

10-3-110, MCA

Summary Title

Liability: Health Care Professional

Summary

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.

Full Title

Medical services during declared emergency or disaster - limitation of liability - administrative disciplinary sanctions

Full Text

(1) Except as provided in subsection (3), a health care professional licensed to practice in Montana who, in good faith and regardless of compensation, renders or fails to render emergency care, health care services, or first aid during a declared emergency or disaster is not liable for any civil damages or injury unless the damages or injury was caused by gross negligence or willful and wanton misconduct and as a result of: (a) an act or omission arising out of activities undertaken in response to the disaster or emergency; (b) any act or omission related to the rendering of or failure to render services; or (c) evacuation or treatment or the failure to evacuate or provide treatment conducted in accordance with disaster medicine or at the direction of military or government authorities. (2) A licensing program, licensing board, or any other disciplinary authority in Montana may impose administrative sanctions upon a health care professional for unprofessional conduct in response to a declared public health emergency that occurs in Montana. An administrative disciplinary sanction imposed upon a health care professional who is licensed in another state must be reported to the licensing authority in the health care professional’s state and each state in which the health care professional is licensed. The standard of review for administrative disciplinary sanctions must be whether the health care professional exercised good faith clinical judgment given the circumstances under which the judgment was exercised. (3) This section does not apply to a health care provider employed by the United States, a state, or a political subdivision acting within the scope of the provider’s employment or duties.

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