Montana Code 50-4-1106. Free speech protections — notification of complaints — penalty
50-4-1106. Free speech protections — notification of complaints — penalty. (1) The department of public health and human services, a licensing board operating under Title 37, or any other entity that grants licensure or certification may not reprimand, sanction, or revoke or threaten to revoke a license, certificate, or registration of a medical practitioner who is licensed or certified by the department or board for engaging in speech or expressive activity protected under the first amendment to the U.S. constitution, unless the department or board demonstrates beyond a reasonable doubt that the medical practitioner’s speech was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the 3 years immediately preceding the incident of physical harm.
Terms Used In Montana Code 50-4-1106
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
(2)(a) Within 14 days of receiving a complaint that may result in revocation of a medical practitioner’s license, the department, licensing board, or other licensing or certification entity shall provide the medical practitioner with a copy of the complaint.
(b)If the department, licensing board, or other licensing or certification entity fails to provide the complaint within 14 days of receipt, the department or licensing board shall pay the medical practitioner an administrative penalty of $500 for each week of noncompliance.