AN ACT PROVIDING LIMITS ON LIABILITY FOR MEDICAL PRACTITIONERS AND DENTAL HYGIENISTS WHO PROVIDE CARE OR ASSISTANCE FOR CHARITABLE PURPOSES; AMENDING SECTION 27-1-736, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 27-1-736, MCA, is amended to read:

"27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation. (1) A medical practitioner, as defined in 37-2-101, or a dental hygienist licensed under Title 37, chapter 4, who renders, at any site, any health care within the scope of the provider's license, voluntarily and without compensation, to a patient of a clinic or to a patient referred by a clinic is not liable to a person for civil damages resulting from the rendering of the care, unless the damages were the result of gross negligence or willful or wanton acts or omissions by the medical practitioner or dental hygienist. Each patient must be given notice that under state law the medical practitioner or dental hygienist cannot be held legally liable for ordinary negligence if the medical practitioner or dental hygienist does not have malpractice insurance.

(2) For purposes of this section:

(a) "clinic" means a place for the provision of health care to patients that is organized for the delivery of health care without compensation or that is operated as a health center under 42 U.S.C. 254b;

(b) "health care" has the meaning provided in 50-16-504;

(c) "without compensation" means that the medical practitioner or dental hygienist voluntarily rendered health care without receiving any reimbursement or compensation, except for reimbursement for supplies.

(3) Subsection (1) applies only to a medical practitioner or dental hygienist who:

(a) does not have malpractice insurance coverage because the medical practitioner or dental hygienist is retired or is otherwise not engaged in active practice; or

(b) has malpractice insurance coverage that has a rider or exclusion that excludes coverage for services provided under this section."

Section 2. Effective date. [This act] is effective on passage and approval.

Section 3. Applicability. [This act] applies to services rendered on or after [the effective date of this act].

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I hereby certify that the within bill,

SB 0036, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 36

INTRODUCED BY B. KEENAN

AN ACT PROVIDING LIMITS ON LIABILITY FOR MEDICAL PRACTITIONERS AND DENTAL HYGIENISTS WHO PROVIDE CARE OR ASSISTANCE FOR CHARITABLE PURPOSES; AMENDING SECTION 27-1-736, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.