Montana Code 50-16-704. Confidentiality — penalty for violation — immunity from liability
50-16-704. Confidentiality — penalty for violation — immunity from liability. (1) The name of the person diagnosed as having an infectious disease may not be released to anyone, including the emergency services provider who was exposed, nor may the name of the emergency services provider who was exposed be released to anyone other than the emergency services provider, except as required by this part, by department rule concerning reporting of communicable disease, or as allowed by Title 50, chapter 16, part 5.
Terms Used In Montana Code 50-16-704
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-701
- Designated officer: means the emergency services organization's representative and the alternate whose names are on record with the department as the persons responsible for notifying an emergency services provider of exposure. See Montana Code 50-16-701
- Emergency services provider: means a person employed by or acting as a volunteer with an emergency services organization, including but not limited to a law enforcement officer, firefighter, emergency care provider, corrections officer, or ambulance service attendant. See Montana Code 50-16-701
- Exposure: means the subjecting of a person to a risk of transmission of an infectious disease through the commingling of the blood or bodily fluids of the person and a patient or in another manner as defined by department rule. See Montana Code 50-16-701
- Health care facility: has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102. See Montana Code 50-16-701
- Infectious disease: means human immunodeficiency virus infection, hepatitis B, hepatitis C, hepatitis D, communicable pulmonary tuberculosis, meningococcal meningitis, and any other disease capable of being transmitted through an exposure that has been designated by department rule. See Montana Code 50-16-701
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.
(3)A health care facility, a representative of a health care facility, a physician, or the designated officer of an emergency services provider’s organization may not be held jointly or severally liable for providing the notification required by 50-16-703 when the notification is made in good faith or for failing to provide the notification if good faith attempts to contact an exposed person of exposure are unsuccessful.