Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 6. MONTANA MEDICAL LEGAL PANEL ACT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-6-103 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 6
  4. Part 1
  5. 27-6-103 Definitions

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 6. MONTANA MEDICAL LEGAL PANEL ACT

Part 1. General Provisions

Definitions

27-6-103. Definitions. As used in this chapter, the following definitions apply:

(1) "Dentist" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the assessment:

(i) has as the individual's principal residence or place of dental practice the state of Montana;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of dentistry; or

(b) for all other purposes, a person licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of dental practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render dental services and whose shareholders, partners, or owners were individual dentists licensed to practice dentistry under the provisions of Title 37, chapter 4.

(2) (a) "Health care facility" means a facility licensed as a health care facility under Title 50, chapter 5.

(b) For the purposes of this chapter, a health care facility does not include:

(i) an end-stage renal dialysis facility;

(ii) a home infusion therapy agency;

(iii) a residential care facility; or

(iv) a governmental infirmary, except a university or college infirmary.

(3) "Health care provider" means a physician, a dentist, a podiatrist, or a health care facility.

(4) "Hospital" means a hospital as defined in 50-5-101.

(5) "Malpractice claim" means a claim or potential claim of a claimant against a health care provider for medical or dental treatment, lack of medical or dental treatment, or other alleged departure from accepted standards of health care that proximately results in damage to the claimant, whether the claimant's claim or potential claim sounds in tort or contract, and includes but is not limited to allegations of battery or wrongful death.

(6) "Panel" means the Montana medical legal panel provided for in 27-6-104.

(7) "Physician" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the assessment:

(i) has as the individual's principal residence or place of medical practice the state of Montana or practices telemedicine as defined in 37-3-102;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of medicine; or

(b) for all other purposes, a person licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of medical practice the state of Montana or practiced telemedicine as defined in 37-3-102 and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render medical services and whose shareholders, partners, or owners were individual physicians licensed to practice medicine under the provisions of Title 37, chapter 3.

(8) "Podiatrist" means:

(a) for purposes of the assessment of the annual surcharge, an individual licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the assessment:

(i) has as the individual's principal residence or place of podiatric practice the state of Montana;

(ii) is not employed full-time by any federal governmental agency or entity; and

(iii) is not fully retired from the practice of podiatry; or

(b) for all other purposes, a person licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the occurrence of the incident giving rise to the claim:

(i) was an individual who had as the principal residence or place of podiatric practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

(ii) was a professional service corporation, partnership, or other business entity organized under the laws of any state to render podiatric services and whose shareholders, partners, or owners were individual podiatrists licensed to practice podiatry under the provisions of Title 37, chapter 6.

History: En. 17-1303 by Sec. 3, Ch. 449, L. 1977; R.C.M. 1947, 17-1303; amd. Sec. 2, Ch. 376, L. 1983; amd. Sec. 1, Ch. 332, L. 1985; amd. Sec. 1, Ch. 195, L. 1987; amd. Sec. 1, Ch. 96, L. 1989; amd. Sec. 14, Ch. 366, L. 1995; amd. Sec. 1, Ch. 133, L. 1997; amd. Sec. 1, Ch. 370, L. 2001; amd. Sec. 1, Ch. 270, L. 2007; amd. Sec. 1, Ch. 154, L. 2015.

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1981–2026 · leading case: Eisenmenger v. Ethicon, Inc., 871 P.2d 1313 (Mont. 1994).
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Eisenmenger v. Ethicon, Inc., 871 P.2d 1313 (Mont. 1994). · cites it 20× “Section 27-6-103, MCA, defines various terms used in the Act.”
Linder v. Smith, 629 P.2d 1187 (Mont. 1981). · cites it 3× “His claim against the doctor constitutes a “malpractice claim” within the definition of section 27-6-103(2), MCA, and by statutory requirement should have been filed with the panel.”
Beehler v. E. Radiological Assocs., P.C., 2012 MT 260 (Mont. 2012). · cites it 3× “Section 27-6-103(3) defines “health care provider” to include “health care facility," which in turn is defined by § 27-6-103(2)(a) to include hospitals as defined by § 50-5-10 l(28)(a), MCA.”
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). · cites it 15× “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Hall v. Myotte (D. Mont. 2023). · cites it 2× “” and “medical malpractice under Mont. Code Ann. § 27-6-103 (5).” Appellant’s Opening Brief at 3, 5, Hall v.”
Miesmer (D. Mont. 2025). · cites it 2× “) Mont. Code Ann. § 27-6-103 (5) reads: [A] claim or potential claim of a claimant against a health care provider for medical or dental treatment, lack of medical or dental treatment, or other alleged departure from accepted standards of health care that proximately results in…”
Chapman v. Credit Assoc. Inc., 2006 MT 97N (Mont. 2006). · cites it 2× “, reasoning that Chapman’s breach of contract claim was, in essence, a claim of medical malpractice as defined by § 27-6-103(5), MCA, and, as such, it had to be submitted for review under the Montana Medical Legal Panel Act prior to her filing a complaint in a district court,…”
Running Crane v. United States (D. Mont. 2022). “§ 27-6-103(a)(ii). Defendants assert that the two-year statute of limitations for filing an administrative claim with the MMLP expired on November 14, 2021, and, therefore, bars Running Crane’s claims against AB Staffing, Ortiz, and Foutch.”
Mont. Code Ann. § 27-6-103(1): 1 case
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Mont. Code Ann. § 27-6-103(2): 2 cases
Linder v. Smith, 629 P.2d 1187 (Mont. 1981). “His claim against the doctor constitutes a “malpractice claim” within the definition of section 27-6-103(2), MCA, and by statutory requirement should have been filed with the panel.”
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Mont. Code Ann. § 27-6-103(2)(a): 1 case
Beehler v. E. Radiological Assocs., P.C., 2012 MT 260 (Mont. 2012). “Section 27-6-103(3) defines “health care provider” to include “health care facility," which in turn is defined by § 27-6-103(2)(a) to include hospitals as defined by § 50-5-10 l(28)(a), MCA.”
Mont. Code Ann. § 27-6-103(2)(b)(iii): 1 case
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Mont. Code Ann. § 27-6-103(3): 3 cases
Eisenmenger v. Ethicon, Inc., 871 P.2d 1313 (Mont. 1994). “Section 27-6-103, MCA, defines various terms used in the Act.”
Beehler v. E. Radiological Assocs., P.C., 2012 MT 260 (Mont. 2012). “Section 27-6-103(3) defines “health care provider” to include “health care facility," which in turn is defined by § 27-6-103(2)(a) to include hospitals as defined by § 50-5-10 l(28)(a), MCA.”
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Mont. Code Ann. § 27-6-103(5): 3 cases
Eisenmenger v. Ethicon, Inc., 871 P.2d 1313 (Mont. 1994). “Section 27-6-103, MCA, defines various terms used in the Act.”
Est. of Athy v. Edgewood, 2026 MT 3 (Mont. 2026). “” The Act separately defines “physician,” “dentist,” “podiatrist,” and, as pertinent here, “health care facility”—which means “a facility licensed as a health care facility under Title 50, chapter 5.”
Chapman v. Credit Assoc. Inc., 2006 MT 97N (Mont. 2006). “, reasoning that Chapman’s breach of contract claim was, in essence, a claim of medical malpractice as defined by § 27-6-103(5), MCA, and, as such, it had to be submitted for review under the Montana Medical Legal Panel Act prior to her filing a complaint in a district court,…”
Mont. Code Ann. § 27-6-103(a)(ii): 1 case
Running Crane v. United States (D. Mont. 2022). “§ 27-6-103(a)(ii). Defendants assert that the two-year statute of limitations for filing an administrative claim with the MMLP expired on November 14, 2021, and, therefore, bars Running Crane’s claims against AB Staffing, Ortiz, and Foutch.”
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