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House committee approves HB 437 to raise threshold for criminal prosecution of health-care providers
Summary
House Bill 437, sponsored by Representative Staffman, was reported favorably out of committee after floor debate emphasizing recruitment and retention of health-care professionals and clarifying that the bill targets criminal, not civil, liability.
House Bill 437, sponsored by Representative Staffman, was reported favorably out of committee after floor debate emphasizing recruitment and retention of health-care professionals and clarifying that the bill targets criminal, not civil, liability.
The bill allows a health-care provider who has been criminally charged in connection with the provision of health care to move to dismiss the charge unless the prosecutor can show by a preponderance of the evidence that the conduct was knowingly or purposely committed and that it fell outside the accepted standard of care for that provider. Sponsors and supporters described the measure as addressing concerns that providers face criminal prosecution for mistakes that are negligent rather than intentional. Representative Staffman said the bill grew from a high-profile out‑of‑state case in which a nurse was criminally prosecuted after administering the wrong medication, an incident that, he said, led to staffing disruptions.
Representative Staffman said the bill complements prior civil-liability and licensing reforms and that it is aimed at making Montana more competitive for recruiting physicians, nurses and other health professionals. Representative Gist supported the bill on the floor, noting committee amendments that emphasize the requirement that prosecutors show conduct was done knowingly or purposely rather than negligently.
The Committee of the Whole recorded the vote as 70 in favor and 29 opposed; the chair announced House Bill 437 passed second reading in committee.
Why it matters: Supporters said the measure protects health-care workers from criminal prosecution for accidental mistakes, which they said can deter recruitment and retention in medically underserved counties. Supporters also emphasized the bill does not eliminate civil liability or licensing discipline.
Votes at committee: - Committee recommendation on HB 437: 70 yes, 29 no (motion carried)
Next steps: HB 437 will continue through the House process.
