Montana Statutes
§ 50-12-109 — State Action Prohibited
Montana·Title 50 HEALTH AND SAFETY·Ch. 12 TREATMENTS FOR CHRONIC OR TERMINAL ILLNESS·Part 1 Right to Try Act
50-12-109 . State action prohibited.
(1)An official, employee, or agent of the state may not block or attempt to block:
(a)a patient's access to an experimental treatment; or
(b)a health care facility's recommendation that a patient have access to, or the health care facility's provision of, an experimental treatment.
(2)A health care provider's counseling, advice, or recommendation about treatment options, including experimental treatments, is not a violation of this section.
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Legislative History
En. Sec. 9, Ch. 135, L. 2015; amd. Sec. 8, Ch. 413, L. 2023; amd. Sec. 13, Ch. 621, L. 2025.
Nearby Sections
15
§ 50-12-101
Short Title§ 50-12-102
Definitions§ 50-12-103
Availability Of Experimental Treatments§ 50-12-104
Patient Requirements§ 50-12-105
Informed Consent Required§ 50-12-107
Heirs Not Liable For Payments§ 50-12-108
Disciplinary Action Prohibited§ 50-12-109
State Action Prohibited§ 50-12-110
Immunity From Suit§ 50-12-201
Legislative Findings -- Purpose§ 50-12-202
Definitions§ 50-12-203
Palliative Care And Quality Of Life Interdisciplinary Advisory Council -- Duties -- Membership§ 50-12-204
Duties Of Council