Montana legislation · 2025 Regular Session
Montana HB342: Revise civil liability laws to provide a statutory duty of care for certain actions
Status: Signed into law, May 5, 2025
What the bill says
An act revising laws relating to medical malpractice and health care providers relating to the duty of care; providing that a specific risk does not change or heighten the duty beyond the reasonable standard of care; and providing an immediate effective date and an applicability date.
From the engrossed text:
AN ACT REVISING LAWS RELATING TO MEDICAL MALPRACTICE AND HEALTH CARE PROVIDERS RELATING TO THE DUTY OF CARE; PROVIDING THAT A SPECIFIC RISK DOES NOT CHANGE OR HEIGHTEN THE DUTY BEYOND THE REASONABLE STANDARD OF CARE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE. Section 1. Medical malpractice -- duty of care -- foreseeability of risks. In medical malpractice actions, the foreseeability of risks or of a specific risk does not change or heighten the duty owed beyond the reasonable standard of care applicable to the medical provider. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1]. Section 3. Effective date. [This act] is effective on passage and approval. Section 4. Applicability. [This act] applies to medical malpractice actions filed on or after [the effective date of this act] and is intended to clarify any court ruling to the contrary. - END - - 1 - Authorized Print Version - HB 342 ENROLLED BILL I hereby certify that the within bill, HB 342, originated in the House. ___________________________________________ Chief Clerk of the House ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2025. ___________________________________________ President of the Senate Signed this _______________________________day …
Sponsors
- Mercer, Bill (R, 52) · primary sponsor
- Gillespie, Bruce "Butch" (R, 9)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
Votes
- Do Concur (April 9, 2025): 32 yea, 17 nay, passed
- Do Concur (April 8, 2025): 29 yea, 19 nay, passed
- Do Pass (February 13, 2025): 57 yea, 42 nay, passed
- Do Pass (February 12, 2025): 58 yea, 42 nay, passed
Subjects: Liability, Revenue, State
Common questions
- What is HB342?
- HB342 is a bill in the Montana Legislature (2025 Regular Session): Revise civil liability laws to provide a statutory duty of care for certain actions.
- What does HB342 do?
- In its own words: An act revising laws relating to medical malpractice and health care providers relating to the duty of care; providing that a specific risk does not change or heighten the duty beyond the reasonable standard of care; and providing an immediate effective date and an applicability date.
- What is the status of HB342?
- Signed into law as of May 5, 2025. Latest action: Chapter Number Assigned (May 5, 2025).
- Who sponsored HB342?
- Mercer, Bill (R, 52), with 1 co-sponsor.
- Where is the official record for HB342?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0210
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.