Montana Code 50-4-1105. Whistleblower protections
50-4-1105. Whistleblower protections. (1) A medical practitioner or health care institution may not be discriminated against because the medical practitioner or health care institution:
Terms Used In Montana Code 50-4-1105
- 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 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
- Person: means one or more individuals, partnerships, associations, or corporations. See Montana Code 50-4-1101
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)provides, causes to be provided, or intends to provide or cause to be provided information relating to a suspected violation of this part to the medical practitioner or health care institution’s employer, the attorney general, any agency charged with protecting health care rights of conscience, the United States department of health and human services, the United States office for civil rights, or any other federal agency charged with protecting health care rights of conscience;
(b)testifies or intends to testify in a proceeding concerning a violation of this part; or
(c)assists or participates, or intends to assist or participate, in a proceeding.
(2)Except as provided in subsection (3), it is unlawful to discriminate against a medical practitioner because the medical practitioner discloses information that the medical practitioner reasonably believes evinces:
(a)a violation of any law, rule, or regulation;
(b)a violation of any standard of care or ethical guidelines for the provision of any health care service; or
(c)gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety.
(3)Nothing in this section may be construed to exempt a person from the requirements of Title 50, chapter 16, the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d, et seq., or any other applicable confidentiality and patient privacy requirements.