Montana Code 41-1-403. Release of information by health professional
41-1-403. Release of information by health professional. (1) Except with regard to an emancipated minor, a health professional shall inform the parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of any treatment given or needed when:
Terms Used In Montana Code 41-1-403
- Emancipated minor: means an individual under 18 years of age who:
(a)is or has been married;
(b)is separated from the individual's parent, parents, or legal guardian and is self-supporting; or
(c)has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438. See Montana Code 41-1-401
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care facility: has the meaning provided in 50-5-101. See Montana Code 41-1-401
- Health professional: includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers. See Montana Code 41-1-401
(a)in the judgment of the health professional, severe complications are present or anticipated;
(b)major surgery or prolonged hospitalization is needed;
(c)failure to inform the parent, parents, or legal guardian would seriously jeopardize the safety and health of the minor patient, younger siblings, or the public;
(d)informing them would benefit the minor’s physical and mental health and family harmony; or
(e)the health professional or health care facility providing treatment desires a third-party commitment to pay for services rendered or to be rendered.
(2)Notification or disclosure to the parent, parents, or legal guardian by the health professional may not constitute libel or slander, a violation of the right of privacy, a violation of the rule of privileged communication, or any other legal basis of liability. If the minor is found not to be pregnant or not afflicted with a sexually transmitted disease or not suffering from drug abuse or substance abuse, including alcohol, then information with respect to any appointment, examination, test, or other health procedure may not be given to the parent, parents, or legal guardian, if they have not already been informed as permitted in this part, without the consent of the minor.