37-2-502. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 37-2-502

  • Health care provider: means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 37-2-502
  • Labeling: means any written material that accompanies, supplements, or explains a product. See Montana Code 37-2-502
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Health care provider” means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.

(2)”Labeling” means any written material that accompanies, supplements, or explains a product.

(3)”Lawful health care service” means any health-related service or treatment that is not prohibited by law or regulation.

(4)”Off-label use” means any use of a prescription drug, biologic, approved medical device, or dietary supplement approved by the United States food and drug administration in a manner not specified in the labeling or indications for the product if the product is used for medical purposes.

(5)”Punish” means the imposition of any penalty, sanction, or disciplinary action to discourage the exercise of the right to freedom of speech under this part.

(6)(a) “Unprofessional conduct” has the meaning provided in 37-1-316.

(b)The term does not include conduct by a health care provider who is acting within the minimum standards of practice as determined by the licensing board responsible for governing the health care provider’s profession.