50-4-1104. Exercise of conscience not grounds for loss of privileges, immunities, or public benefits. The exercise of conscience not to participate in a health care service by a medical practitioner, health care institution, or health care payer may not be grounds for loss of any privileges or immunities or for the loss of any public benefits. This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.

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Terms Used In Montana Code 50-4-1104

  • Conscience: means the ethical, moral, or religious beliefs or principles held by a medical practitioner, health care institution, or health care payer. See Montana Code 50-4-1101
  • Health care institution: means a public or private hospital, outpatient center for primary care, medical center, physician organization, professional association, outpatient center for surgical services, private physician's office, pharmacy, long-term care facility, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed. See Montana Code 50-4-1101
  • Health care payer: means an employer, health plan, health maintenance organization, insurance company, management services organization, or another entity that pays for or arranges for payment for a health care service, in whole or in part. See Montana Code 50-4-1101
  • Health care service: means medical research or medical care provided to a patient at any time during the patient's course of treatment, including but not limited to initial examination, testing, diagnosis, referral, dispensing or administration of a drug, medication, or device, psychological therapy or counseling, research, prognosis, therapy, record-making procedures, notes related to treatment, set up, or performance of a surgery or procedure, or any other care or service performed or provided by a medical practitioner. See Montana Code 50-4-1101
  • Medical practitioner: means a person who is or may be asked to participate in a health care service. See Montana Code 50-4-1101