37-2-503. Health care provider right to advise of lawful health services. (1) A health care provider may: (a) make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services; (b) make a patient aware of or educate or advise a patient about health care-related research or data; and (c) offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law. (2) (a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section. (b) The prohibition on punishment includes an adverse licensure action. (3) This section does not: (a) prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of rom taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice; (b) impair a private health care entity from establishing standards of practice and communications standards for its employees; (c) impair any right or limitation on medical liability; or (d) prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions. History: En. Sec. 3, Ch. 533, L. 2023.
Montana Legal Code
§ 37-2-503
Source: https://mca.legmt.gov/bills/mca/title_0370/chapter_0020/part_0050/section_0030/0370-0020-0050-0030.html· Version 2025