Terms Used In Montana Code > Title 7 > Chapter 2 - Creation, Alteration, and Abandonment of Local Governments

• Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
• Abortion: means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
• Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn human being. See Montana Code 50-20-1002
• Abortion clinic: means a facility that:

  (i)performs surgical abortion procedures; or

  (ii)provides an abortion-inducing drug. See Montana Code 50-20-901

• Abortion-inducing drug: means a medicine, drug, or other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman. See Montana Code 50-20-901
• Abuse: means :

  (a)the infliction of physical or mental injury;

  (b)the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. See Montana Code 52-3-803

• Abuse: means conduct by an applicant, recipient, provider, or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in an incorrect determination that a person is eligible for medical assistance or payment by a medicaid agency of medical assistance payments to which the provider is not entitled. See Montana Code 53-6-155
• Acute heart attack: means a heart attack that involves a prolonged period of blocked blood supply, affects a large area of the heart, and is measured by an elevation of the ST segment of an electrocardiogram. See Montana Code 50-17-102
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administer: means the direct application of a dangerous drug, whether by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by:

  (a)a practitioner or by the practitioner's authorized agent; or

  (b)the patient or research subject at the direction and in the presence of the practitioner. See Montana Code 50-32-101

• 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
• Administrator: means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. See Montana Code 50-5-1103
• Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
• Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-9-102
• Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-5-1301
• Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-10-101
• Adverse event: means an untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. See Montana Code 50-20-703
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• AED: means a medical device that:

  (a)has received approval for marketing from the U. See Montana Code 50-6-501

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affiliate: means an organization that directly or indirectly:

  (a)owns or controls another organization;

  (b)is owned or controlled, in whole or in part, by another organization;

  (c)is related by shareholdings or other means of control to another organization;

  (d)is a parent or subsidiary of another organization; or

  (e)is under common control with another organization. See Montana Code 50-20-901

• Aftercare: means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:

  (a)basic activities of daily living;

  (b)instrumental activities of daily living; and

  (c)medical or nursing tasks that do not require a licensed professional. See Montana Code 50-5-701

• Age: means number of years since birth. See Montana Code 49-2-101
• Age: means number of years since birth. See Montana Code 49-3-101
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Montana Code 50-32-101
• Aggrieved party: means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter. See Montana Code 49-2-101
• AIDS: means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U. See Montana Code 50-16-1003
• Airborne infectious disease: means an infectious disease transmitted from person to person by an aerosol, including but not limited to infectious tuberculosis. See Montana Code 50-16-701
• Allegation: something that someone says happened.
• American sign language: means visual American sign language, tactile American sign language, or protactile American sign language. See Montana Code 52-2-902
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion. See Montana Code 49-4-602
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antiretroviral prophylaxis: means a specific drug regime preventing mother-to-child transmission of HIV infections. See Montana Code 50-16-1003
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person:

  (a)who has submitted an application for determination of medicaid eligibility to a medicaid agency on the person's own behalf or on behalf of another person; or

  (b)on whose behalf an application has been submitted. See Montana Code 53-6-155

• Appointing authority: means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part. See Montana Code 49-4-502
• Apprentice: means a person who is working in a training capacity to service or install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of labor and industry. See Montana Code 50-39-108
• Approved course of treatment: means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department. See Montana Code 50-17-102
• Arrest: Taking physical custody of a person by lawful authority.
• Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associated medical practitioner: means a person authorized under 50-20-109 to perform an abortion who has entered into an associated medical practitioner agreement. See Montana Code 50-20-703
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
• Attending advanced practice registered nurse: means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
• Attending advanced practice registered nurse: means the advanced practice registered nurse who is selected by or assigned to the patient and who has primary responsibility for the treatment and care of the patient. See Montana Code 50-10-101
• Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
• Attending physician: means the physician selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-9-102
• Attending physician: has the meaning provided in 50-9-102. See Montana Code 50-10-101
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audit: means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine compliance with:

  (a)statutory, regulatory, fiscal, medical, or scientific standards;

  (b)a private or public program of payments to a health care provider; or

  (c)requirements for licensing, accreditation, or certification. See Montana Code 50-16-504

• Authorized representative: means :

  (a)a person who has a general power of attorney for a resident;

  (b)a person appointed by a court to manage the personal or financial affairs of a resident;

  (c)a representative payee;

  (d)a resident's next of kin; or

  (e)a sponsoring agency. See Montana Code 50-5-1103

• Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit: means the provision of anything of pecuniary value to or on behalf of a recipient under the medicaid program. See Montana Code 53-6-155
• Board: means the Montana state board of medical examiners. See Montana Code 50-9-102
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
• board: means a local board as defined in 50-1-101. See Montana Code 50-53-102
• Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
• Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 50-6-202
• Board: means the state board of medical examiners. See Montana Code 50-10-101
• Body piercing: means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. See Montana Code 50-48-102
• Bureau: means the drug enforcement administration, United States department of justice, or its successor agency. See Montana Code 50-32-101
• Byproduct material: means :

  (a)any radioactive material (except special nuclear material) yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or using special nuclear material; and

  (b)the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See Montana Code 50-79-103

• Campground: means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. See Montana Code 50-52-101
• Care facility: means a hospice, hospital, or long-term care facility. See Montana Code 50-5-1403
• Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 C. See Montana Code 53-2-902
• Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 C. See Montana Code 53-4-602
• Cash assistance: means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 C. See Montana Code 53-4-702
• Certificate: means a certificate as defined in 33-22-1107. See Montana Code 53-6-802
• Chambers: A judge's office.
• Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
• chemical abortion: means a medicine, drug, or any other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
• Chemical manufacturer: means an employer in codes 31 through 33, as defined in the North American Industry Classification System Manual, with a workplace where chemicals are produced for use or distribution. See Montana Code 50-78-102
• Chemical name: means the scientific designation of a chemical in accordance with the nomenclature system developed by the international union of pure and applied chemistry or the chemical abstracts service rules of nomenclature or a name that will clearly identify the chemical for the purpose of conducting a hazard evaluation. See Montana Code 50-78-102
• Child welfare services: means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children. See Montana Code 52-2-101
• Child-care assistance: means payments to or on behalf of the specified caretaker relative of a dependent child to defray the cost of having a third party care for the child. See Montana Code 53-4-602
• Claim: means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program or that states income, expense, or other information that is or may be used to determine entitlement to or the rate of payment under the medicaid program. See Montana Code 53-6-155
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Coerce: means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter. See Montana Code 50-20-503
• Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-2-101
• Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-3-101
• Commissioner: means the commissioner of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
• Commissioner: means the commissioner of insurance provided for in 2-15-1903. See Montana Code 53-6-802
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Common name: means any designation or identification, such as code name, code number, trade name, brand name, or generic name, used to identify a chemical other than by its chemical name. See Montana Code 50-78-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance violation: means a violation of the conditions of supervision that is not:

  (a)a new criminal offense;

  (b)possession of a firearm in violation of a condition of probation or parole;

  (c)behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;

  (d)absconding; or

  (e)failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders. See Montana Code 46-23-1001

• Complication: means an adverse physical or psychological condition arising from the performance of an abortion, including but not limited to uterine perforation, cervical perforation, infection, heavy or uncontrolled bleeding, hemorrhage, blood clots resulting in pulmonary embolism or deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, hemolytic reaction due to the administration of ABO-incompatible blood or blood products, adverse reactions to anesthesia and other drugs, subsequent development of breast cancer, death, psychological complications such as depression, suicidal ideation, anxiety, and sleeping disorders, and any other adverse event. See Montana Code 50-20-703
• Consent: means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion. See Montana Code 50-20-503
• Contact: means a person who has been exposed to the test subject in a manner, voluntary or involuntary, that may allow HIV transmission in accordance with modes of transmission recognized by the U. See Montana Code 50-16-1003
• Contiguous: means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state. See Montana Code 7-2-4704
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the palliative care and quality of life interdisciplinary advisory council provided for in 50-12-203. See Montana Code 50-12-202
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Court: means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court. See Montana Code 47-1-103
• Covered entity: means :

  (a)a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

  (b)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602

• Crane: means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally. See Montana Code 50-76-111
• Credit: means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. See Montana Code 49-2-101
• Credit transaction: means any invitation to apply for credit, application for credit, extension of credit, or credit sale. See Montana Code 49-2-101
• Creditor: means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise. See Montana Code 49-2-101
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
• Data: means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. See Montana Code 50-16-201
• Deaf person: means a person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications. See Montana Code 49-4-502
• Decedent: A deceased person.
• Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
• Declaration: means a document executed in accordance with the requirements of 50-9-103. See Montana Code 50-9-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means the actual, constructive, or attempted transfer from one person to another of a dangerous drug, whether or not there is an agency relationship. See Montana Code 50-32-101
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-9-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-17-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 50-32-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-48-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-52-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-53-102
• Department: means the department of labor and industry and the state coal mine inspectors employed by the department. See Montana Code 50-73-102
• department: means the department of labor and industry. See Montana Code 50-74-101
• Department: means the department of environmental quality provided for in Title 2, chapter 15, part 35. See Montana Code 50-78-102
• Department: means the department of public health and human services. See Montana Code 50-79-103
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1103
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1202
• Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 50-6-401
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-501
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-8-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-10-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-12-202
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-15-702
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-602
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-701
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-1003
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-19-201
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-1002
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-32-603
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-40-103
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 50-71-112
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 50-76-111
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-802
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-902
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-202
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-401
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-803
• Department: means the department of public health and human services. See Montana Code 53-1-703
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-2-902
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-4-602
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-4-702
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-401
• Department: means the department of public health and human services. See Montana Code 53-6-702
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-802
• Department: means the department of public health and human services provided for in Title 2, chapter 15, part 22. See Montana Code 53-6-1001
• Dependent: A person dependent for support upon another.
• 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
• Designated representative: means :

  (a)the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this chapter; or

  (b)a recognized or certified collective bargaining agent who is automatically a designated representative without regard to written employee authorization. See Montana Code 50-78-102

• Devise: To gift property by will.
• Direct access: means that an individual has or likely will have person-to-person spoken or physical contact with or access to a program participant. See Montana Code 52-2-802
• Director: means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029. See Montana Code 47-1-103
• Disability: means :

  (a)a physical or intellectual impairment that substantially limits one or more of a person's major life activities;

  (b)a record of such an impairment; or

  (c)being regarded as having such an impairment. See Montana Code 49-4-602

• Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
• Discounted price: means a price set by the department by rule pursuant to 53-6-1002. See Montana Code 53-6-1001
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• dismemberment abortion procedure: means a procedure that involves:

  (a)the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being; and

  (b)dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being. See Montana Code 50-20-1002

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Dispenser: means a practitioner who dispenses. See Montana Code 50-32-101
• dispensing: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Disposal: means burial in soil, release through the sanitary sewerage system, incineration, or permanent long-term storage with no intention of or provision for subsequent removal. See Montana Code 50-79-103
• Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
• Distribute: has the meaning provided in 37-7-101. See Montana Code 50-32-603
• Distributor: means a person who distributes. See Montana Code 50-32-101
• Distributor: means a business, other than a chemical manufacturer, that supplies hazardous chemicals to other distributors or to employers. See Montana Code 50-78-102
• DMSO: means dimethyl sulfoxide. See Montana Code 50-42-101
• DNR identification: means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the department, that signifies that the possessor is a qualified patient, as defined in 50-9-102, or that the possessor's attending physician or attending advanced practice registered nurse has issued a do not resuscitate order for the possessor and has documented the grounds for the order in the possessor's medical file. See Montana Code 50-10-101
• Do not resuscitate order: means a directive from a licensed physician or advanced practice registered nurse that emergency life-sustaining procedures should not be administered to a particular person. See Montana Code 50-10-101
• Do not resuscitate protocol: means a standardized method of procedure, approved by the board and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by physicians, advanced practice registered nurses, and emergency medical services personnel. See Montana Code 50-10-101
• Docket: A log containing brief entries of court proceedings.
• Document: means any application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form. See Montana Code 53-6-155
• Dollar-for-dollar model: means a program in which the amount of resources that is disregarded in determining medical assistance eligibility for an individual is increased by $1 for each dollar paid by an insurer to an insured under the insured's long-term care insurance policy or certificate. See Montana Code 53-6-802
• Donor: The person who makes a gift.
• Educational institution: means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution. See Montana Code 49-2-101
• 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

• Emancipated minor: means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503. See Montana Code 50-20-503
• Embryo: means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development. See Montana Code 50-11-101
• Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 50-6-202
• Emergency medical service: has the meaning provided in 50-6-302. See Montana Code 50-17-102
• Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-401
• Emergency medical service: means an emergency medical service as defined by 50-6-302. See Montana Code 50-6-501
• Emergency medical services personnel: means paid or volunteer firefighters, law enforcement officers, first responders, emergency care providers, or other emergency services personnel acting within the ordinary course of their professions. See Montana Code 50-9-102
• Emergency medical services personnel: has the meaning provided in 50-9-102. See Montana Code 50-10-101
• Emergency services organization: means a public or private organization that provides emergency services to the public. 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
• Employee: means an individual employed by an employer. See Montana Code 49-2-101
• Employee: means a person who may be exposed to hazardous chemicals in the workplace under normal operating conditions or possible emergencies. See Montana Code 50-78-102
• Employee: has the meaning provided in 39-71-118. See Montana Code 50-71-112
• Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101
• Employer: means a person, firm, corporation, partnership, association, governmental agency, or other entity that is engaged in business or providing services and that employs workers. See Montana Code 50-78-102
• Employer: has the meaning provided in 39-71-117. See Montana Code 50-71-112
• Employment agency: means a person undertaking to procure employees or opportunities to work. See Montana Code 49-2-101
• Enclosed public place: means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:

  (a)restaurants;

  (b)stores;

  (c)public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201, and state government;

  (d)trains, buses, and other forms of public transportation;

  (e)health care facilities;

  (f)auditoriums, arenas, and assembly facilities;

  (g)meeting rooms open to the public;

  (h)bars;

  (i)community college facilities;

  (j)facilities of the Montana university system; and

  (k)public schools, as provided for in 20-1-220 and 50-40-104. See Montana Code 50-40-103

• Endorsement: means a document, issued by the department of labor and industry to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
• English: means spoken English, written English, or English with or without the use of visual supplements, cued speech, or manually coded English. See Montana Code 52-2-902
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association. See Montana Code 50-39-108
• Entity: means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization. See Montana Code 50-6-501
• entity: means a health maintenance organization or an insurer regulated under Title 33 that:

  (i)contracts for an estimated annual value of $1 million or more of state and federal medicaid funds; or

  (ii)operates statewide or covers 20% or more of the medicaid population. See Montana Code 53-6-702

• Entry: means an individual's admission into a hospital for the purposes of inpatient care. See Montana Code 50-5-701
• Establishment: means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment. See Montana Code 50-48-102
• Establishment: means a campground, trailer court, work camp, or youth camp. See Montana Code 50-52-101
• Establishment: means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible. See Montana Code 50-40-103
• Ex officio: Literally, by virtue of one's office.
• executive authority: includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a recognized Indian tribe within the state of Montana;

  (2)"governor" includes any person performing the functions of governor by authority of the law of this state;

  (3)"state" referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the state of Montana. See Montana Code 46-30-101

• Executor: A male person named in a will to carry out the decedent
• Exploitation: means :

  (a)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

  (b)an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

  (c)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property. See Montana Code 52-3-803

• Exposure: means ingestion, inhalation, absorption, or other contact in the workplace with a hazardous chemical and includes potential, accidental, or possible exposure. See Montana Code 50-78-102
• 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
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
• facility: means a hospital, critical access hospital, or medical assistance facility as defined in 50-5-101. See Montana Code 50-6-401
• Facility: means :

  (a)nonmedical facilities including:

  (i)mental health transitional living facilities; and

  (ii)inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;

  (b)community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;

  (c)youth care facilities;

  (d)public accommodations, including roominghouses, retirement homes, hotels, and motels;

  (e)health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;

  (f)freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and

  (g)assisted living facilities. See Montana Code 50-8-101

• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Female: has the meaning provided in 1-1-201. See Montana Code 50-11-101
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Fertilization: means the fusion of a human spermatozoon with a human ovum. See Montana Code 50-20-602
• Fetus: means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism. See Montana Code 50-11-101
• Financial institution: means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company. See Montana Code 49-2-101
• Financial institution: means any organization in the business of moving, investing, or lending money, dealing in financial instruments, or providing financial services, including but not limited to federally chartered and state-chartered banks, savings and loan associations, and credit unions. See Montana Code 53-6-165
• Fire alarm system: means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation. See Montana Code 50-39-108
• Fire extinguisher: means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. See Montana Code 50-39-108
• Fire extinguishing system: means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. See Montana Code 50-39-108
• First responder: means a paid or volunteer firefighter, law enforcement officer, or other authorized person who responds to an emergency in a professional or volunteer capacity. See Montana Code 50-32-603
• Folio: when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. See Montana Code 1-1-203
• Food stamp program: means the provision of food stamp benefits that can be used to purchase food to low-income persons pursuant to the Food Stamp Act Amendments of 1980, 7 U. See Montana Code 53-2-902
• Fraud: Intentional deception resulting in injury to another.
• Fraud: means any conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments or benefits to which the applicant, recipient, or provider is not entitled. See Montana Code 53-6-155
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General health condition: means the patient's health status described in terms of critical, poor, fair, good, excellent, or terms denoting similar conditions. See Montana Code 50-16-504
• Gestational age: means the age of an unborn child, calculated from the first day of the woman's last menstrual period. See Montana Code 50-20-602
• gestational age: means the time that has elapsed since the first day of the woman's last menstrual period. See Montana Code 50-20-703
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Harm reduction organization: means an organization that provides direct assistance and services, including but not limited to counseling, screening, and drug treatment, to persons at risk of experiencing an opioid-related drug overdose. See Montana Code 50-32-603
• Hazardous chemical: means , except as provided in 50-78-103:

  (a)any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard, as defined by subsection (c) of the OSHA standard, and that has been identified as such by the federal occupational safety and health administration or the manufacturer and has been filed with the federal occupational safety and health administration;

  (b)any hazardous chemical, as defined by subsection (d)(3) of the OSHA standard; or

  (c)any emitter of ionizing radiation. See Montana Code 50-78-102

• Health: means protection against occupational illness. See Montana Code 50-71-112
• Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
• Health care: means care, services, or supplies provided by a health care provider that are related to the health of an individual. See Montana Code 50-16-803
• Health care facility: means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101. See Montana Code 50-5-1301
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-6-202
• 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 50-10-101
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-12-102
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 50-16-201
• Health care facility: means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. See Montana Code 50-16-504
• 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
• Health care facility: means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. See Montana Code 50-16-803
• Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
• Health care information: means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. See Montana Code 50-16-602
• Health care information: means any information, whether oral or recorded in any form or medium, that:

  (a)is created or received by a health care provider;

  (b)relates to the past, present, or future physical or mental health or condition of an individual or to the past, present, or future payment for the provision of health care to the individual; and

  (c)identifies or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. See Montana Code 50-16-803

• Health care practitioner: means a person licensed pursuant to Title 37, chapter 3, to practice medicine or pursuant to Title 37, chapter 4, to practice dentistry. See Montana Code 50-15-702
• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 50-9-102
• Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
• Health care provider: means any of the following individuals licensed pursuant to Title 37:

  (a)a physician;

  (b)an advanced practice registered nurse authorized by the board of nursing to prescribe medicine; and

  (c)a physician assistant. See Montana Code 50-12-102

• Health care provider: means a person who is 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 50-16-504
• Health care provider: means a person who is 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 50-16-803
• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state or who is licensed, certified, or otherwise authorized by the laws of another state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-1003
• Health care provider: means a licensed physician, a physician assistant, a registered nurse, an advanced practice registered nurse, a naturopathic physician, or a direct-entry midwife practicing within the scope of the provider's professional license. See Montana Code 50-19-101
• Health maintenance organization: means a health maintenance organization as defined in 33-31-102. See Montana Code 53-6-702
• HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
• HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
• HIV-related condition: means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV. See Montana Code 50-16-1003
• Hoist: means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements. See Montana Code 50-76-111
• Home and community-based services: means , as provided for in section 1915 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
• Hospice: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Hospital: has the meaning provided in 50-5-101 and includes a rural emergency hospital as defined in 50-5-101. See Montana Code 50-17-102
• Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
• Hospital: means a hospital or critical access hospital as those terms are defined in 50-5-101. See Montana Code 50-5-1403
• Hospital: means a facility that provides, by or under the supervision of licensed physicians, services for medical diagnosis, treatment, rehabilitation, and care of injured, disabled, or sick persons. See Montana Code 50-15-702
• Hospital trauma register: means patient-specific trauma data that is maintained by a health care facility, in a format prescribed by department rule, and that has the primary purpose of facilitating peer review and quality improvement at the health care facility. See Montana Code 50-6-401
• housing: includes but is not limited to camping spaces; trailer parking spaces; mobile, modular, or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. See Montana Code 50-52-101
• Housing accommodation: means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants. See Montana Code 49-2-101
• Human being: means an individual member of the species Homo sapiens, from and after the point of conception. See Montana Code 50-20-1002
• Immediate precursor: means a substance that the board finds to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a dangerous drug, the control of which is necessary to prevent, curtail, or limit manufacture. See Montana Code 50-32-101
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Incapacitated person: has the meaning provided in 72-5-101. See Montana Code 52-3-803
• Incidental to the service of alcoholic beverages or gambling operations: means that at least 60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling receipts, or both. See Montana Code 50-40-103
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Indigent: means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel. See Montana Code 47-1-103
• 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
• Infectious disease control officer: means the person designated by the health care facility as the person who is responsible for notifying the emergency services provider's designated officer and the department of an infectious disease as provided for in this part and by rule. See Montana Code 50-16-701
• Informed consent: means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:

  (a)the physician who is to perform the abortion of the following information:

  (i)the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

  (ii)the probable gestational age of the unborn child at the time the abortion is to be performed; and

  (iii)the medical risks of carrying the child to term;

  (b)the physician or an agent of the physician:

  (i)that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

  (ii)that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and

  (iii)that the woman has the right to review the printed materials described in 50-20-304; and

  (c)the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion. See Montana Code 50-20-104

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspecting authority: means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure. See Montana Code 50-8-101
• Inspection: means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. See Montana Code 50-39-108
• Inspection: means an onsite review of a workplace by the department to determine compliance with standards adopted under this part. See Montana Code 50-71-112
• Install: means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system. See Montana Code 50-39-108
• Institutional review board: means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects. See Montana Code 50-16-504
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested person: means a patient's:

  (a)spouse;

  (b)parent;

  (c)adult child, sibling, or grandchild; or

  (d)close friend. See Montana Code 50-5-1301

• Intermediary interpreter: means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter. See Montana Code 49-4-502
• Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light. See Montana Code 50-79-103
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
• knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-602
• Knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Label: means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. See Montana Code 50-78-102
• Labor organization: means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees. See Montana Code 49-2-101
• Language: means the use of American sign language or English. See Montana Code 52-2-902
• Language developmental milestones: means milestones of development aligned with the existing state instruments used to meet the requirements of 20 U. See Montana Code 52-2-902
• Large quantity radioactive material: means highway route controlled quantity as defined in 49 C. See Montana Code 50-79-103
• Law enforcement officer: means a person who is a peace officer as defined in 46-1-202 or any other agent of a criminal justice agency as defined in 44-5-103. See Montana Code 50-32-603
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
• Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. See Montana Code 50-5-1301
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means :

  (a)a legal guardian;

  (b)a person who holds a medical power of attorney; or

  (c)a representative named in an advance health care directive recognized under Montana law or the law of another state. See Montana Code 50-5-701

• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Level-of-care determination: means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person. See Montana Code 53-6-401
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the document issued by the department of labor and industry that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems. See Montana Code 50-39-108
• License: means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for programs. See Montana Code 52-2-802
• Licensee: means the holder of a license issued by the department in accordance with the provisions of this part. See Montana Code 52-2-802
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Life-sustaining procedure: means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation. See Montana Code 50-10-101
• Life-sustaining treatment: means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process. See Montana Code 50-9-102
• Living will protocol: means a locally developed, communitywide method or a standardized, statewide method developed by the department and approved by the board, of providing palliative care to and withholding life-sustaining treatment from a qualified patient under 50-9-202 by emergency medical service personnel. See Montana Code 50-9-102
• Local board: means a city, county, city-county, or district board of health. See Montana Code 50-17-102
• Local board: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1. See Montana Code 50-16-602
• Local board of health: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2. See Montana Code 50-48-102
• Local health officer: has the meaning provided in 50-1-101. See Montana Code 50-48-102
• Local health officer: means a county, city, city-county, or district health officer appointed by a local board. See Montana Code 50-16-602
• location: means a hospital or other place designated by a local health officer where the person diagnosed with tuberculosis must remain to be available for an approved course of treatment. See Montana Code 50-17-102
• long-term care facility: means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care. See Montana Code 50-5-1103
• Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
• Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 52-3-803
• Long-term care facility: means a facility that is certified by the department, as provided in 53-6-106, to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U. See Montana Code 53-6-401
• Long-term care insurance: means an insurance policy or certificate that provides coverage for medically necessary services in a long-term care facility, as defined in 50-5-101, or in the insured's home. See Montana Code 53-6-802
• Long-term care ombudsman: means the individual appointed to fulfill the requirement of 42 U. See Montana Code 50-5-1103
• Long-term care preadmission screening: means , in accordance with section 1919 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
• Major bodily function: includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. See Montana Code 50-20-1002
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container. See Montana Code 50-32-101
• Manufacturer: means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. See Montana Code 53-6-1001
• Material safety data sheet: means a document prepared in accordance with the requirements of the OSHA standard and containing chemical hazard and safe handling information. See Montana Code 50-78-102
• Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-155
• Medicaid agency: means any agency or entity of state, county, or local government that administers any part of the medicaid program, whether under direct statutory authority or under contract with an authorized agency of the state or federal government. See Montana Code 53-6-155
• Medical emergency: means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-303
• Medical emergency: means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-503
• Medical emergency: means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of the woman's pregnancy without first determining gestational age in order to avert the woman's death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. See Montana Code 50-20-602
• Medical emergency: means a condition that, on the basis of a physician's good faith clinical judgment, makes a separation procedure performed prior to the ability of the unborn human being to survive outside of the womb with or without artificial support necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-1002
• Medical practitioner: means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203. See Montana Code 50-16-201
• Medical practitioner: means a person authorized under 50-20-109 to perform an abortion. See Montana Code 50-20-602
• Medical practitioner: means a person authorized under 50-20-109 to perform an abortion in this state. See Montana Code 50-20-703
• Medical practitioner: has the meaning provided in 37-2-101. See Montana Code 50-32-603
• Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
• Medical services: means diagnosis or treatment of illness in a human being by or under the supervision of a health care practitioner. See Montana Code 50-15-702
• Medical symptom: means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient. See Montana Code 50-5-1202
• Mental injury: means an identifiable and substantial impairment of a person's intellectual or psychological functioning or well-being. See Montana Code 52-3-803
• Mine examiner: means a person charged with the examination of the condition of the mine before the miners are permitted to enter the mine and who is commonly known as the "fire boss". See Montana Code 50-73-102
• Mine supervisor: means a person who is charged with the general direction of the underground work or both the underground work and the outside work of a coal mine and who is commonly known and designated as "mine boss". See Montana Code 50-73-102
• Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
• Minority leader: See Floor Leaders
• Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
• Misappropriation of patient property: means exploitation, deliberate misplacement, or wrongful use or taking of a patient's property, whether temporary or permanent, without authorization by the patient or the patient's designated representative. See Montana Code 53-6-155
• Misdemeanor probation officer: means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005. See Montana Code 46-23-1001
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Multiple-type establishment: means an operation encompassing both body piercing and tattooing on the same premises and under the same management. See Montana Code 50-48-102
• Municipality: means any incorporated city or town. See Montana Code 7-2-4704
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

  (a)opium and opiate and a salt, compound, derivative, or preparation of opium or opiate;

  (b)a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of the drugs referred to in subsection (19)(a), but not including the isoquinoline alkaloids of opium;

  (c)opium poppy and poppy straw; or

  (d)coca leaves and a salt, compound, derivative, or preparation of coca leaves and a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical with any of these drugs, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine. See Montana Code 50-32-101

• National origin: means ancestry. See Montana Code 49-2-101
• Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult. See Montana Code 52-3-803
• Newborn: means an infant under 28 days of life. See Montana Code 50-19-201
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonfinancial assistance: means the programs funded, in part, with temporary assistance for needy families, as provided in 45 C. See Montana Code 53-4-702
• Notice to appear: means a written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense. See Montana Code 46-1-202
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• occurrence report: means a written business record of a health care facility that:

  (i)may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

  (ii)is a factual rendition of the event. See Montana Code 50-16-201

• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Office: means the office of state public defender established in 2-15-1029. See Montana Code 47-1-103
• officer: means a local health officer as defined in 50-1-101. See Montana Code 50-53-102
• Older Americans Act: means the Older Americans Act of 1965, as amended, 42 U. See Montana Code 52-3-401
• Oocyte: means the human female germ cell, the egg. See Montana Code 50-11-101
• Opiate: means a drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Montana Code 50-32-101
• 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
• Opium poppy: means the plant of the species Papaver somniferum L. See Montana Code 50-32-101
• Organ transplant: means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. See Montana Code 49-4-602
• Organization: means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter. See Montana Code 49-2-101
• Originating site provider: means an enrolled provider who is operating a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U. See Montana Code 53-6-155
• OSHA standard: means the hazard communication standard issued by the federal occupational safety and health administration, codified under 29 C. See Montana Code 50-78-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Palliative care: means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness. See Montana Code 50-12-202
• Parcel of land: means a unit of land all parts of which are contiguous, including contiguous lots, in the possession of, owned by, or managed by the same person. See Montana Code 50-52-101
• Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
• Parole: means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department. See Montana Code 46-23-1001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual receiving services from a care facility. See Montana Code 50-5-1403
• Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
• Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-16-701
• Patient: means an individual who receives or has received health care. See Montana Code 50-16-803
• Patient abuse: means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient. See Montana Code 53-6-155
• Patient neglect: means a failure, through inattentiveness, carelessness, or other omission, to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness when an omission is not caused by factors beyond the person's control or by good faith errors in judgment. See Montana Code 53-6-155
• Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Peer review: means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. See Montana Code 50-16-504
• Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Montana Code 50-9-102
• 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
• Person: means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing. See Montana Code 50-48-102
• Person: includes an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of a campground, trailer court, work camp, or youth camp. See Montana Code 50-52-101
• Person: means a person, firm, partnership, corporation, or organization or the state or any political subdivision of the state. See Montana Code 50-53-102
• Person: means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of a political subdivision, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission, any successor, or federal agencies licensed by the nuclear regulatory commission. See Montana Code 50-79-103
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-504
• Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-803
• Person: means an individual, corporation, organization, or other legal entity. See Montana Code 50-16-1003
• Person: means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not. See Montana Code 50-19-201
• Person: means an individual, partnership, corporation, association, political subdivision, or other entity. See Montana Code 50-40-103
• person: means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity. See Montana Code 50-79-301
• Person: includes any individual, partnership, voluntary association, or corporation. See Montana Code 52-8-101
• Person associated with the program: means any owner, partner, member, employee, or contractor providing professional or occupational services to a program. See Montana Code 52-2-802
• Personal degradation: means publication or distribution of a printed or electronic photograph or video of a vulnerable adult when the person publishing or distributing intends to demean or humiliate the vulnerable adult or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person. See Montana Code 52-3-803
• Persons with disabilities or persons who are elderly: means , for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U. See Montana Code 53-6-401
• Physical abuse: means any physical injury intentionally inflicted by a parent or legal guardian on a minor. See Montana Code 50-20-503
• Physical injury: means death, permanent or temporary disfigurement, or impairment of any bodily organ or function. See Montana Code 52-3-803
• Physical or mental disability: means :

  (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

  (ii)a record of such an impairment; or

  (iii)a condition regarded as such an impairment. See Montana Code 49-2-101

• Physical or mental disability: means :

  (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

  (ii)a record of such an impairment; or

  (iii)a condition regarded as such an impairment. See Montana Code 49-3-101

• Physician: means an individual licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-9-102
• Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
• Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
• Physician: means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3. See Montana Code 50-6-501
• Physician: means a person licensed under Title 37, chapter 3, to practice medicine in this state. See Montana Code 50-10-101
• Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-303
• Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-503
• Physician: means a person licensed to practice medicine in Montana. See Montana Code 50-20-1002
• Physician assistant: means an individual licensed pursuant to Title 37, chapter 20. See Montana Code 50-5-1301
• Physician assistant: means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician. See Montana Code 50-20-503
• Physician assistant: means a person licensed under Title 37, chapter 20. See Montana Code 50-20-1002
• Place of work: means an enclosed room where one or more individuals work. See Montana Code 50-40-103
• Placement activities: means any of the following:

  (a)placement of a child for adoption or foster care;

  (b)arranging or providing short-term foster care for a child pending an adoptive placement; or

  (c)facilitating placement of a child by maintaining a list in any form of birth parents or prospective adoptive or foster parents. See Montana Code 52-8-101

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning and service area: means a geographic area of the state that is designated for purposes of planning, development, delivery, and overall administration of services under the Older Americans Act. See Montana Code 52-3-401
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Policy: means a policy as defined in 33-22-1107. See Montana Code 53-6-802
• Political subdivision: means any county, city, town, or other legally constituted unit of local government in this state. See Montana Code 50-52-101
• Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. See Montana Code 2-16-602
• Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Montana Code 50-32-101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• 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

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• pregnancy: means that female reproductive condition of having an unborn child in the woman's body. See Montana Code 50-20-303
• pregnancy: means the female reproductive condition of having an unborn child in the uterus. See Montana Code 50-20-703
• Pregnant: means the human female reproductive condition of having a living unborn human being within the female's body throughout the entire embryonic and fetal stages of the unborn human being from fertilization to full gestation and childbirth. See Montana Code 50-20-1002
• 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
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal party in interest: means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken. See Montana Code 49-4-502
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probable gestational age of the unborn child: means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or attempted. See Montana Code 50-20-602
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: means release by the court without imprisonment of a defendant found guilty of a crime. See Montana Code 46-1-202
• Probation: means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court. See Montana Code 46-23-1001
• Probation and parole officer: means an officer employed by the department pursuant to 46-23-1002. See Montana Code 46-23-1001
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a substance or drug regulated under the provisions of this chapter. See Montana Code 50-32-101
• Program: means the palliative care consumer and professional information and education program provided for in 50-12-205. See Montana Code 50-12-202
• Program: means a private alternative adolescent residential or outdoor program that provides a structured, private, alternative residential setting for youth who are experiencing emotional, behavioral, or learning problems and who have a history of failing in academic, social, moral, or emotional development at home or in less-structured traditional settings. See Montana Code 52-2-802
• Program: means an element of the integrated health care system created by this part. See Montana Code 53-6-702
• Program: means the prescription drug plus discount program provided for in 53-6-1002. See Montana Code 53-6-1001
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
• Protective services: means emergency services that are provided in a coordinated effort by the department to a vulnerable adult in order to prevent or terminate the abuse, neglect, exploitation, intimidation, or abandonment of the vulnerable adult. See Montana Code 52-3-202
• Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this part. See Montana Code 53-6-155
• Public accommodation: means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. See Montana Code 49-2-101
• Public bathing place: means a body of water with bathhouses and related appurtenances operated for the public. See Montana Code 50-53-102
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public defender: means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division. See Montana Code 47-1-103
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public office: means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:

  (a)the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;

  (b)the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;

  (c)the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and

  (d)the position must have some permanency and continuity and not be only temporary or occasional. See Montana Code 2-16-602

• Public safety answering point: means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies. See Montana Code 50-6-501
• Public sector employee: means an employee of a public sector employer. See Montana Code 50-71-112
• Public sector employer: means :

  (a)a state agency;

  (b)each county in the state;

  (c)each municipality in the state;

  (d)each school district or community college; and

  (e)any other political subdivision of the state. See Montana Code 50-71-112

• Public swimming pool: means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools. See Montana Code 50-53-102
• purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-602
• Purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
• Qualifications: means qualifications that are genuinely related to competent performance of the particular occupational task. See Montana Code 49-3-101
• Qualified interpreter: means an interpreter listed by the department of public health and human services as provided in 49-4-507. See Montana Code 49-4-502
• Qualified medical practitioner: means a medical practitioner who has the ability to:

  (a)identify and document a viable intrauterine pregnancy;

  (b)assess the gestational age of pregnancy and inform the woman of gestational age-specific risks;

  (c)diagnose ectopic pregnancy;

  (d)determine blood type and administer RhoGAM if a woman is Rh negative;

  (e)assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion;

  (f)provide surgical intervention or who has entered into a contract with another qualified medical practitioner to provide surgical intervention; and

  (g)supervise and bear legal responsibility for any agent, employee, or contractor who is participating in any part of a procedure, including but not limited to preprocedure evaluation and care. See Montana Code 50-20-703

• Qualified patient: means a patient 18 years of age or older who has executed a declaration in accordance with this chapter and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition. See Montana Code 50-9-102
• Qualified recipient: means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

  (a)individuals or entities available to support and assist the person with an anatomical gift or transplantation;

  (b)auxiliary aids or services; or

  (c)reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:

  (i)communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or

  (ii)consideration of support networks available to the person, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602

• Quality improvement: means the process of defining trauma care system performance standards, collecting data against which the standards may be applied, using the data to determine compliance with the standards, and using the data and compliance information in a nonpunitive manner, including peer review, that will continuously improve performance and facilitate compliance with the standards. See Montana Code 50-6-401
• Quorum: The number of legislators that must be present to do business.
• Reasonable fee: means the charge, as provided for in 50-16-540, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-504
• Reasonable fee: means the charge, as provided for in 50-16-816, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-803
• Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent medical practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See Montana Code 50-20-602
• Recess: A temporary interruption of the legislative business.
• Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
• Recipient: means a person:

  (a)who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or

  (b)who actually receives medicaid benefits, whether or not determined eligible. See Montana Code 53-6-155

• Records: means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

  (i)pertaining to the provision of treatment, care, services, or items to a recipient;

  (ii)pertaining to the income and expenses of the provider; or

  (iii)otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program. See Montana Code 53-6-155

• Recoverable medical assistance: means a payment pursuant to this part, including but not limited to a payment made for items or services provided to and insurance premiums, deductibles, and coinsurance paid on behalf of a recipient who:

  (i)during the recipient's lifetime, was an inpatient in a nursing facility, intermediate care facility for the developmentally disabled, or institution for mental disease and, with respect to that institutionalization, the department determined under 53-6-171 that the person was not reasonably expected to be discharged and return home; or

  (ii)was at least 55 years of age or younger if allowed by 42 U. See Montana Code 53-6-165

• Recovery: means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes. See Montana Code 53-6-165
• Registration: means the registering with the department by the legal owner, user, or authorized representative of sources of ionizing radiation in the manner prescribed by rule. See Montana Code 50-79-103
• Regulatory authority: means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian. See Montana Code 50-48-102
• Reliable documentation: means a standardized, statewide identification card or form or a necklace or bracelet of uniform design, adopted by a written, formal understanding of the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient. See Montana Code 50-9-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reproductive human cloning: means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead. See Montana Code 50-11-101
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1103
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Safety: means protection against occupational injury or death. See Montana Code 50-71-112
• Safety consultation services: has the meaning provided in 39-71-1503. See Montana Code 50-71-112
• Safety devices: means side rails, tray tables, seatbelts, and other similar devices. See Montana Code 50-5-1202
• Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:

  (a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

  (b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202

• scaffolding: means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. See Montana Code 50-77-101
• Secondary discounted price: means the discounted price less any further discounts funded by manufacturer rebates for medication purchased by participants in the program. See Montana Code 53-6-1001
• Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
• Services to older adults: means those services the department administers pursuant to the Older Americans Act. See Montana Code 52-3-401
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101
• Sex: has the meaning provided in 1-1-201. See Montana Code 49-3-101
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sexual abuse: has the meaning provided in 41-3-102. See Montana Code 50-20-503
• Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
• Shaft: means any vertical opening through the strata that is or may be used for the purpose of ventilation or escape or for hoisting or lowering of workers or material in connection with the mining of coal. See Montana Code 50-73-102
• Somatic cell: means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development. See Montana Code 50-11-101
• Source material: means uranium, thorium, or any other material that the department or the United States nuclear regulatory commission declares by order to be source material or ores containing one or more of the foregoing materials in a concentration that the department or the nuclear regulatory commission declares by order to be source material after the nuclear regulatory commission has determined the material in that concentration to be source material. See Montana Code 50-79-103
• Spa: means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. See Montana Code 50-53-102
• Special agent fire suppression system: means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. See Montana Code 50-39-108
• Special nuclear material: means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the department or the United States nuclear regulatory commission or any successor declares by order to be special nuclear material or any material artificially enriched by any of the foregoing but does not include source material. See Montana Code 50-79-103
• Specific license: means a license issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment using quantities of byproduct, special nuclear materials, or other radioactive material occurring naturally or produced artificially. See Montana Code 50-79-103
• Standard: means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace. See Montana Code 50-71-112
• Standard serological test: means a test for syphilis, rubella immunity, and blood group, including ABO (Landsteiner blood type designation--O, A, B, AB) and RH (Dd) type, and a screening for hepatitis B surface antigen, approved by the department. See Montana Code 50-19-101
• Standing order: means a written document prepared by a medical practitioner that authorizes an eligible recipient to acquire, distribute, or administer medication without a person-specific prescription. See Montana Code 50-32-603
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Montana Code 50-9-102
• State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101
• State agency: means any branch of government, including a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget. See Montana Code 50-71-112
• State or local governmental agency: means :

  (a)any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

  (b)a county, city, town, school district, or other unit of local government and any instrumentality of local government. See Montana Code 49-3-101

• State plan: means a plan developed by the department to coordinate and administer delivery of services under the Older Americans Act. See Montana Code 52-3-401
• state prison: means :

  (1)a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;

  (2)a state penal or correctional facility portion of a Montana regional correctional facility;

  (3)a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;

  (4)a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or

  (5)a combination of the facilities listed in this section. See Montana Code 53-30-101

• State trauma register: means trauma data relating to a specific patient or health care facility that is maintained by the department in an electronic format and that has the primary purpose of facilitating peer review and quality improvement for a health care facility or a trauma care system. See Montana Code 50-6-401
• State-district: means a public service commission district, a legislative representative or senatorial district, or a judicial district. See Montana Code 2-16-602
• Statement: means :

  (a)a writing signed or otherwise adopted or approved by a person;

  (b)a video or audio recording of a person's communications or a transcript of the communications; and

  (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Summons: Another word for subpoena used by the criminal justice system.
• system: means the system of public defender services established pursuant to this chapter. See Montana Code 47-1-103
• Tattooing: means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. See Montana Code 50-48-102
• Telehealth: means the use of telecommunications and information technology to provide access to health assessment, diagnosis, intervention, consultation, supervision, and information across distance, including but not limited to the use of secure portal messaging, secure instant messaging, audiovisual communications, and audio-only communications. See Montana Code 53-6-155
• Temporary assistance for needy families: means the block grant established pursuant to 42 U. See Montana Code 53-2-902
• Temporary assistance for needy families: means the block grant program established pursuant to 42 U. See Montana Code 53-4-702
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Terminal condition: means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time. See Montana Code 50-9-102
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• to smoke: includes the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana. See Montana Code 50-40-103
• 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.
• Trade secret: means a confidential formula, pattern, process, device, or information, including chemical name or other unique chemical identifier, that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors. See Montana Code 50-78-102
• Trailer court: means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers or mobile homes for use as residences. See Montana Code 50-52-101
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trauma: means a severe, abrupt injury to the human body that is caused by mechanical, environmental, thermal, or other physical force. See Montana Code 50-6-401
• Trauma care committee: means the trauma care committee created in 2-15-2216. See Montana Code 50-6-401
• Trauma care system: means a state or regional system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, interhospital, and rehabilitative care for trauma patients. See Montana Code 50-6-401
• Trauma facility: means a health care facility designated by the department pursuant to 50-6-410 as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility. See Montana Code 50-6-401
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Tuberculosis: means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex. See Montana Code 50-17-102
• Ultimate user: means a person who lawfully possesses a dangerous drug for personal use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Montana Code 50-32-101
• Unborn child: means the offspring of human beings from conception until birth. See Montana Code 50-20-303
• Unborn child: means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in 1 U. See Montana Code 50-20-703
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• Usual: means according to usage. See Montana Code 1-1-206
• Verdict: The decision of a petit jury or a judge.
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• Viability: means the ability of a fetus to live outside the mother's womb, albeit with artificial aid. See Montana Code 50-20-104
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Vulnerable adult: has the meaning provided for in 52-3-803. See Montana Code 52-3-202
• Vulnerable adult: means a person who:

  (a)is 60 years of age or older; or

  (b)is 18 years of age or older and:

  (i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or

  (ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803

• Wading pool: means a pool in which the water depth does not exceed 2 feet. See Montana Code 50-53-102
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
• Work area: means a room or defined space in a workplace where hazardous chemicals are produced, used, or stored and where employees are present. See Montana Code 50-78-102
• Work camp: means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. See Montana Code 50-52-101
• Workplace: means an establishment at one geographical location containing one or more work areas. See Montana Code 50-78-102
• Workplace: means any site or location where an employee performs work for the employee's employer. See Montana Code 50-71-112
• Workplace chemical list: means the list of hazardous chemicals developed under subsection (e)(1)(i) of the OSHA standard or under this chapter. See Montana Code 50-78-102
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
• Writing: includes printing. See Montana Code 1-1-203
• Written informed consent: means a written document that meets the requirements of 50-12-105. See Montana Code 50-12-102
• Written inspection report: means a report prepared by the department identifying safety and health hazards noted during a mine inspection. See Montana Code 50-73-102
• Youth camp: means a parcel of land on which permanent buildings, tents, or other structures are maintained as living quarters for 10 or more people and that is used primarily for educational or recreational use by minors. See Montana Code 50-52-101