Montana Code 50-32-608. Professional conduct — immunity
50-32-608. Professional conduct — immunity. (1) A prescription issued pursuant to 50-32-604 or 50-32-605 is considered to have been issued for a legitimate medical purpose in the usual course of a professional practice.
Terms Used In Montana Code 50-32-608
- Administer: means to apply an opioid antagonist to the body of another person by injection, inhalation, ingestion, auto-injector, or another means. See Montana Code 50-32-603
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dispense: means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery. See Montana Code 50-32-101
- dispensing: has the meaning provided in 37-7-101. See Montana Code 50-32-603
- Distribute: has the meaning provided in 37-7-101. See Montana Code 50-32-603
- Eligible recipient: means :
(a)a person who is at risk of experiencing an opioid-related drug overdose;
(b)a family member, friend, or other person who is in a position to assist a person who is at risk of experiencing an opioid-related drug overdose;
(c)a first responder or a first responder entity;
(d)a harm reduction organization or its representative;
(e)the Montana state crime laboratory or its representative;
(f)a person who, on behalf of or at the direction of a law enforcement agency or officer, may process, store, handle, test, transport, or possess a suspected or confirmed opioid;
(g)a probation, parole, or detention officer;
(h)a county or other local public health department or its representative; or
(i)a veterans' organization or its representative. See Montana Code 50-32-603
- Medical practitioner: has the meaning provided in 37-2-101. See Montana Code 50-32-603
- Opioid antagonist: means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. See Montana Code 50-32-603
- Opioid-related drug overdose: means an acute condition evidenced by symptoms, including but not limited to physical illness, pinpoint pupils, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined. See Montana Code 50-32-603
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. See Montana Code 50-32-101
- Practitioner: means :
(a)a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;
(b)a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and
(c)a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state. See Montana Code 50-32-101
- Prescription: means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. See Montana Code 50-32-101
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Usual: means according to usage. See Montana Code 1-1-206
(2)Except for injury or damages arising from gross negligence, willful or wanton misconduct, or an intentional tort:
(a)a medical practitioner or licensed pharmacist may not be subject to disciplinary action or civil or criminal liability for injury resulting from the prescribing or dispensing of an opioid antagonist pursuant to 50-32-604 through 50-32-606 to an eligible recipient; and
(b)an eligible recipient may not be subject to disciplinary action or civil or criminal liability for injury resulting from distributing an opioid antagonist pursuant to 50-32-606 and 50-32-607.
(3)A medical practitioner, eligible recipient, emergency care provider, or other person is not liable and may not be subject to disciplinary action as a result of any injury arising from the administration of an opioid antagonist to another person whom the medical practitioner, eligible recipient, emergency care provider, or other person believes in good faith to be suffering from an opioid-related drug overdose, unless the injury arises from an act or omission that is the result of gross negligence, willful or wanton misconduct, or an intentional tort.
(4)The provisions of 50-32-601 through 50-32-607 do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, distribute, or administer an opioid antagonist.