UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REPEALING THE NATUROPATHIC HEALTH CARE PRACTICE ACT; AMENDING SECTIONS 33-20-1312 AND 37-27-205, MCA; REPEALING SECTIONS 37-26-101, 37-26-102, 37-26-103, 37-26-201, 37-26-202, 37-26-301, 37-26-302, 37-26-303, 37-26-304, 37-26-401, 37-26-402, 37-26-403, 37-26-405, AND 37-26-414, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-20-1312, MCA, is amended to read:
"33-20-1312. Conditions precedent to entering into viatical settlement contract. (1) Before a viatical settlement provider enters into a viatical settlement contract with a policyholder or certificate holder who has a terminal illness or condition, the viatical settlement provider shall first obtain the following:
(a) a written statement from an attending physician that the policyholder or certificate holder is of sound mind and not under constraint or undue influence; and
(b) a witnessed document in which the policyholder or certificate holder:
(i) consents to the viatical settlement contract;
(ii) acknowledges that the illness or condition is terminal;
(iii) represents that the policyholder or certificate holder has a full and complete understanding of the viatical settlement contract;
(iv) confirms that the policyholder or certificate holder has a full and complete understanding of the benefits of the life insurance policy;
(v) releases the medical records of the policyholder or certificate holder relating to the terminal illness or condition; and
(vi) acknowledges that the policyholder or certificate holder has entered into the viatical settlement contract freely and voluntarily.
(2) A viatical settlement provider may enter a viatical settlement contract only after the individual whose life would be the subject of the viatical settlement contract is determined to have a terminal illness or condition, as follows:
(a) if the individual is the policyholder or certificate holder, an attending physician of the policyholder or certificate holder shall make the determination; or
(b) if the individual is a person other than the policyholder or certificate holder, an attending physician of the individual or of the policyholder or certificate holder shall make the determination.
(3) For purposes of this section, "attending physician" means a medical doctor, or a doctor of osteopathy, or a
naturopathic physician licensed in this state, who is primarily responsible for the treatment or a portion of treatment of the
individual whose life would be the subject of the viatical settlement contract."
Section 2. Section 37-27-205, MCA, is amended to read:
"37-27-205. Provisional license -- apprentice license. (1) Upon payment of a $200 fee to the department, the board may grant a provisional direct-entry midwife license only to a person who filed an affidavit required by section 2, Chapter 493, Laws of 1989.
(2) The provisional license is valid until the issuance of grades for the first examination administered pursuant to 37-27-202.
(3) Upon payment of a $200 fee to the department, the board may grant an apprentice direct-entry midwife license to a person who:
(a) is working under the personal supervision of a licensed direct-entry midwife, a certified nurse-midwife, or a physician
licensed under Title 37, chapter 3, or a licensed naturopathic physician who is certified for the specialty practice of
naturopathic childbirth attendance; and
(b) is seeking licensure as a direct-entry midwife under this chapter.
(4) An apprentice direct-entry midwife license is valid for a period prescribed by department of commerce rule and must be renewed at an interval established by the department of commerce, with a limit of four renewals."
NEW SECTION. Section 3. Repealer. Sections 37-26-101, 37-26-102, 37-26-103, 37-26-201, 37-26-202, 37-26-301, 37-26-302, 37-26-303, 37-26-304, 37-26-401, 37-26-402, 37-26-403, 37-26-405, and 37-26-414, MCA, are repealed.
NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.
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Latest Version of LC 1472 (LC1472.01)
Processed for the Web on January 29, 1999 (1:09PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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