37-3-101. Purpose. It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of medicine within the state of Montana is a privilege granted by the legislative authority and is not a natural right of individuals and that it is deemed necessary, as a matter of such policy and in the interests of the health, happiness, safety, and welfare of the people of Montana, to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and to license competent physicians to practice medicine and thereby provide for the health needs of the people of Montana.
Montana Code Annotated
Mont. Code Ann. § 37-3-101 (2026)
Purpose
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TITLE 37. PROFESSIONS AND OCCUPATIONS
CHAPTER 3. MEDICINE
Part 1. General
Purpose
History: En. Sec. 2, Ch. 338, L. 1969; R.C.M. 1947, 66-1011.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1987–2024 · leading case: Nelson v. State of Montana, 2008 MT 336, 195 P.3d 293.
Nelson v. State of Montana, 2008 MT 336, 195 P.3d 293. “¶47 Section 37-3-101, MCA, provides: Purpose.”
Armstrong v. State, 1999 MT 261, 989 P.2d 364. “See § 37-3-101, MCA. Indeed, the Montana Board of Medical Examiners (Board) is an entity created by the Legislature via § 2-15-1841, MCA, and given the powers and duties set forth in § 37-3-203, MCA, for the purpose of ensuring that medical licensees conform to appropriate…”
Planned Parenthood v. State, 2024 MT 227, 557 P.3d 471. “See § 37-3-101, MCA. Indeed, the Montana Board of Medical Examiners (Board) is an entity created by the Legislature via § 2-15-1841, MCA, and given the powers and duties set forth in § 37-3-203, MCA, for the purpose of ensuring that medical licensees conform to appropriate…”
State v. Pinder, 2015 MT 157, 350 P.3d 377. “Sections 37-3-101(16)(a)-(d), MCA. According to Pinder, DFE does not meet this definition and should not be considered a “drug” for the purposes of § 61-8-401, MCA.”
Kauffman v. Dep't of Com., 746 P.2d 103 (Mont. 1987). “Here, the privilege of the practice of medicine should be regulated "to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine" ( § 37-3-101, MCA), and the Board should maintain such reasonable…”
Mont. Code Ann. § 37-3-101(16)(a): 1 case
State v. Pinder, 2015 MT 157, 350 P.3d 377. “Sections 37-3-101(16)(a)-(d), MCA. According to Pinder, DFE does not meet this definition and should not be considered a “drug” for the purposes of § 61-8-401, MCA.”
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