Montana legislation · 2025 Regular Session
Montana HB437: Provide for dismissal of certain criminal charges against health care provider
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act providing for dismissal of a complaint, information, or indictment against a health care provider when the state fails to show that the conduct on which the complaint was based was knowingly and purposely committed and that the conduct was outside the accepted standards of care for that health care provider; and providing that the dismissal applies to criminal complaints, information, and indictments.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR DISMISSAL OF A COMPLAINT, INFORMATION, OR INDICTMENT AGAINST A HEALTH CARE PROVIDER WHEN THE STATE FAILS TO SHOW THAT THE CONDUCT ON WHICH THE COMPLAINT WAS BASED WAS KNOWINGLY AND PURPOSELY COMMITTED AND THAT THE CONDUCT WAS OUTSIDE THE ACCEPTED STANDARDS OF CARE FOR THAT HEALTH CARE PROVIDER; AND PROVIDING THAT THE DISMISSAL APPLIES TO CRIMINAL COMPLAINTS, INFORMATION, AND INDICTMENTS." WHEREAS, the eighth principle of the American Medical Association's Principles of Medical Ethics states, "A physician shall, while caring for a patient, regard responsibility to the patient as paramount"; and WHEREAS, on average, physicians spend 50.7 months of their 40-year careers with open or unresolved court claims that add stress, work, reputational damage, and loss of time caring for patients to physicians already overburdened with large patient loads, and many claims rest on the difference between negligence and appropriate care; and WHEREAS, practicing physicians are leaving states that have conflicts between state law and the standard of care within specialties, such as obstetrics; and WHEREAS, medical residents are choosing to receive their specialized medical training in states with less restrictive laws related to the practice of medicine; and WHEREAS, Montana competes against other states for the employment of medical professionals, and the state faces a health care provider shortage; and …
Sponsors
- Stafman, Ed (D, 59) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) 3rd Reading
- : (H) Scheduled for 3rd Reading
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
Votes
- Do Pass (February 26, 2025): 46 yea, 54 nay, failed
- Do Pass (February 25, 2025): 70 yea, 29 nay, passed
Subjects: Crimes, Criminal Procedure, Health Care Services
Common questions
- What is HB437?
- HB437 is a bill in the Montana Legislature (2025 Regular Session): Provide for dismissal of certain criminal charges against health care provider.
- What does HB437 do?
- In its own words: A bill for an act entitled: "an act providing for dismissal of a complaint, information, or indictment against a health care provider when the state fails to show that the conduct on which the complaint was based was knowingly and purposely committed and that the conduct was outside the accepted standards of care for that health care provider; and providing that the dismissal applies to criminal complaints, information, and indictments.".
- What is the status of HB437?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB437?
- Stafman, Ed (D, 59).
- Where is the official record for HB437?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1792
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.