Bill > HB50

This bill amends Montana's existing Good Samaritan law to provide expanded protections for individuals with substance use disorder, particularly pregnant women and parents. The bill extends legal protections to pregnant women seeking evaluation, treatment, or support services for substance use disorder, as well as those receiving prenatal or postpartum healthcare up to 12 months after childbirth. Critically, the bill adds a new provision stating that a parent's positive drug test cannot be the sole basis for initiating a child abuse investigation, placing a child in protective care, starting abuse and neglect proceedings, or terminating parental rights. This means that while substance use remains a concern, parents will have additional safeguards against automatic punitive actions. The bill maintains existing Good Samaritan protections that prevent arrest or prosecution for individuals seeking medical assistance during a drug-related overdose or for those experiencing an overdose, and it ensures that a person's pretrial release, probation, or parole cannot be revoked based on incidents where they would otherwise be immune from prosecution. By providing these protections, the bill aims to encourage individuals with substance use disorders to seek help without fear of immediate legal consequences, ultimately supporting treatment and family preservation.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/20251/LC0725