MT HB437

Health care providers may move to dismiss criminal complaints, information, or indictments based on their conduct in providing health care, including off-label use of medications when medically appropriate and evidence-based

Courts must hold hearings on dismissal motions as quickly as reasonably practicable

The state must prove by a preponderance of the evidence that the provider's conduct was both knowingly or purposely committed (not merely negligent) AND outside accepted standards of care for that provider

Courts shall dismiss criminal charges if the state fails to meet this dual burden of proof

Legislative findings cite that 51 of 56 Montana counties were designated health professional shortage areas in 2022, and 50% of counties qualified as maternity care deserts according to the March of Dimes 2023 report