Bill > HB437

This bill provides a legal mechanism for health care providers to seek dismissal of criminal charges related to their medical practice, with significant protections for medical professionals. Specifically, a health care provider can file a motion to dismiss a criminal complaint if it is based on their conduct in providing medical care, including off-label medication use. At a hearing, the state must prove by a "preponderance of the evidence" (meaning more likely than not) that the provider's conduct was both knowingly or purposely committed (not merely negligent) and outside the accepted standards of medical care for their profession. The bill's context is rooted in addressing Montana's significant healthcare provider shortage, with 51 of 56 counties designated as health professional shortage areas and 50% of counties classified as maternity care deserts. The legislation aims to protect physicians who follow medical judgment and scientific evidence, recognizing that medical standards evolve over time and that physicians should be able to offer innovative treatments without fear of criminal prosecution when acting within reasonable professional standards. If the state cannot meet its burden of proof, the criminal complaint must be dismissed, providing an additional layer of legal protection for healthcare providers.

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https://bills.legmt.gov/#/laws/bill/2/LC1792