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Montana Title 40. Family Law § 40-6-702. Medical care for children

Current as of January 01, 2024 | Updated by Findlaw Staff

(1)(a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may not:

(i) procure, solicit to perform, arrange to perform, or perform surgical procedures on a child;

(ii) procure, solicit to perform, arrange to perform, or perform a physical examination on a child;

(iii) prescribe or dispense a prescription drug to a child;

(iv) procure, solicit to perform, arrange to perform, or perform a mental health evaluation in a clinical or nonclinical setting on a child; or

(v) procure, solicit to perform, arrange to perform, or perform a mental health treatment on a child.

(b) The prohibitions in subsection (1)(a) do not apply if the parent of the child has provided consent for the medical care to be provided. If the parental consent is given through telemedicine, the health professional shall verify the identity of the parent at the site where the consent is given.

(2) Unless a parent's decisionmaking rights have been limited by court order, a hospital, as defined in 50-5-101, is prohibited from allowing a surgical procedure to be performed on a child in its facilities unless the hospital has first received consent from a parent of the child.

(3) The provisions of this section do not apply when a physician determines that an emergency exists and that it is necessary to perform an activity described in subsection (1)(a) to prevent death or imminent, irreparable physical injury to a child or when a parent cannot be located or contacted after a reasonably diligent effort.

(4) The provisions of this section do not apply to an abortion, which is governed by the provisions of Title 50, chapter 20.

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Cite this article: FindLaw.com - Montana Title 40. Family Law § 40-6-702. Medical care for children - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-40-family-law/mt-st-40-6-702/

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