Montana § 41-1-403 Release Of Information By Health Professional

Montana Statutes

§ 41-1-403 — Release Of Information By Health Professional

Montana § 41-1-403

Title 41MINORS

Ch. 1RIGHTS AND OBLIGATIONS OF MINORS

Part 4Consent for Health Services

This text of Montana § 41-1-403 (Release Of Information By Health Professional) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 41-1-403 (2026).

Text

41-1-403 . Release of information by health professional.

(1)Except with regard to an emancipated minor, a health professional shall inform the parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of any treatment given or needed when:

(a)in the judgment of the health professional, severe complications are present or anticipated;

(b)major surgery or prolonged hospitalization is needed;

(c)failure to inform the parent, parents, or legal guardian would seriously jeopardize the safety and health of the minor patient, younger siblings, or the public;

(d)informing them would benefit the minor's physical and mental health and family harmony; or

(e)the health professional or health care facility providing treatment desires a third-party commitment to pay for

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41-1-403 . Release of information by health professional. (1) Except with regard to an emancipated minor, a health professional shall inform the parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of any treatment given or needed when:
(a) in the judgment of the health professional, severe complications are present or anticipated;
(b) major surgery or prolonged hospitalization is needed;
(c) failure to inform the parent, parents, or legal guardian would seriously jeopardize the safety and health of the minor patient, younger siblings, or the public;
(d) informing them would benefit the minor's physical and mental health and family harmony; or
(e) the health professional or health care facility providing treatment desires a third-party commitment to pay for services rendered or to be rendered.
(2) Notification or disclosure to the parent, parents, or legal guardian by the health professional may not constitute libel or slander, a violation of the right of privacy, a violation of the rule of privileged communication, or any other legal basis of liability. If the minor is found not to be pregnant or not afflicted with a sexually transmitted disease or not suffering from drug abuse or substance abuse, including alcohol, then information with respect to any appointment, examination, test, or other health procedure may not be given to the parent, parents, or legal guardian, if they have not already been informed as permitted in this part, without the consent of the minor.

Legislative History

En. Sec. 2, Ch. 189, L. 1969; amd. Sec. 2, Ch. 312, L. 1974; R.C.M. 1947, 69-6102; amd. Sec. 15, Ch. 440, L. 1989; amd. Sec. 3, Ch. 396, L. 2003; amd. Sec. 5, Ch. 527, L. 2023.