This information was last updated by Horty, Springer & Mattern on November 30, 2018.
Mont. Code Ann. §37-3-401 Report of incompetence or unprofessional conduct.
(1) Notwithstanding any provision of state law dealing with confidentiality, each licensed physician, professional standards review organization, and the Montana medical association or any component society of the association shall, and any other person may, report to the board any information that the physician, organization, association, society, or person has that appears to show that a physician is:
(a) medically incompetent;
(b) mentally or physically unable to safely engage in the practice of medicine; or
(c) guilty of unprofessional conduct.
(2)(a) Information that relates to possible physical or mental impairment connected to habitual intemperance or excessive use of addictive drugs, alcohol, or any other drug or substance by a licensee or to other mental or chronic physical illness of a licensee may be reported to the appropriate personnel of the medical assistance program established by the board under 37-3-203, in lieu of reporting directly to the board.
(b) The medical assistance program personnel referred to in subsection (2)(a) shall report to the board the identity of a licensee and all facts and documentation in their possession if:
(i) the licensee fails or refuses to:
(A) comply with a reasonable request that the licensee undergo a mental, physical, or chemical dependency evaluation or a combination of evaluations;
(B) undergo a reasonable course of recommended treatment, including reasonable aftercare;
(C) satisfactorily complete a reasonable evaluation, a course of treatment, or aftercare;
(ii) the licensee’s condition creates a risk of harm to the licensee, a patient, or others; or
(iii) the medical assistance program personnel are in possession of information that appears to show that the licensee has or is otherwise engaged in unprofessional conduct.
(3) This section applies to professional standards review organizations only to the extent that the organizations are not prohibited from disclosing information under federal law.
§37-3-403 Report of prohibition or limitation on practice by hospital.
With the exception of the first two violations of hospital policies related to charts, medical records, or other policies not directly associated with the clinical care of a patient, each hospital or health care facility that prohibits or limits the privilege of a physician to practice medicine within that facility shall report the action to the state board of medical examiners within 30 days after the action is taken. The report must include each reason for the prohibition or limitation.
§37-3-404 Immunity of person providing information.
A person, organization, association, society, or health care facility which in good faith provides information to the state board of medical examiners as required by 37-3-401, 37-3-402, or 37-3-403 is not subject to suit for civil damages as a result thereof.
§37-3-405 Suspension of license or privilege for failure to report.
The willful failure of any person, organization, association, society, or health care facility to comply with 37-3-401, 37-3-402, or 37-3-403 is grounds for suspension of any license or privilege granted by the state of Montana. Upon such failure, the agency granting the license or privilege may, in its discretion, suspend the license or privilege for a period not to exceed 1 month.