Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.106 - HEALTH CARE FACILITIES
Subchapter 37.106.3 - Construction and Minimum Standards for All Health Care Facilities
Rule 37.106.330 - MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: WRITTEN POLICY AND PROCEDURE

Universal Citation: MT Admin Rules 37.106.330

Current through Register Vol. 18, September 20, 2024

(1) A current written policy and procedure manual that describes all services provided in the health care facility must be developed, implemented, and maintained at the facility. The manual must be available to staff, residents, resident family members, resident legal representatives, and the department and must be complied with by all facility personnel and its agents. Policies and procedures must be reviewed at least every other year by either the administrator or the medical director with written documentation of the review.

(2) All health care facilities must develop policies and procedures that, consistent with 50-4-1103, 50-4-1105, and 50-20-111, MCA, require the facility to not discriminate against medical practitioners who exercise their conscience, or First Amendment free speech rights, or take certain whistleblower actions. These policies and procedures must include:

(a) a medical practitioner's right not to participate in health care services that violate the medical practitioner's conscience;

(b) how a medical practitioner can exercise the right to conscience;

(c) that the health care facility will not consider a medical practitioner's refusal to participate in a health care service on the basis of conscience with respect to staff privileges, as a basis for discrimination, other adverse action, and will not discriminate against a medical practitioner for exercise of conscience;

(d) that the health care facility will not discriminate against a medical practitioner who exercises whistleblower rights with respect to suspected violations of conscience rights or who testifies, assists, or participates, or intends to testify, assist, or participate, in a proceeding;

(e) maintenance and management of information on the exercise of conscience as confidential information, disclosed only on a need to know basis; and

(f) training of all staff on the foregoing.

(3) All hospitals, critical access hospitals, rural emergency hospitals, abortion clinics, outpatient centers for primary care, and outpatient centers for surgical services must develop a policy that if the facility performs abortions, they do not require medical practitioners to participate in such procedures unless such practitioners have affirmatively opted in to participate in such services in writing.

AUTH: 50-5-103, MCA; IMP: 50-4-1103, 50-4-1105, 50-5-103, 50-20-111, MCA

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