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Ex. DUT-MT-005 Standing duty Primary source read

Mont. Code Ann. 50-2-118

Powers and duties of local health officers

Montana Legislature (Montana Code Annotated, Title 50, ch. 2) · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 50, ch. 2 (Local Boards of Health), part 1
Issued
2026-09-28 Sept. 28, 2026
Effective
standing; subsections (2) to (4) added by Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021) (read as 2021-04-16)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 16, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capEvents and venuesQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises; all businesses and facilities where people congregate
Character
statutory duty
Collection
Standing duties: Montana DUT-MT

Operative words

local health officers... shall: (a) make inspections for conditions of public health importance and issue written orders for compliance or for correction...; (b) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events

Penalty

Compliance order executed at the violator's expense (50-2-123; DUT-MT-006); misdemeanor under 50-2-124(2) (DUT-MT-007); law-enforcement assistance under 50-2-120; hindering a health officer is unlawful under 50-2-122

What it required

Every county, city and city-county health officer held a mandatory ('shall') charge to issue written compliance orders, to order 'the closure of buildings or facilities where people congregate', to cancel events, to 'establish and maintain quarantine and isolation measures' ((1)(d)) and to 'pursue action with the appropriate court' if chapter 2 or the rules under it are violated ((1)(e)); the Yellowstone, Gallatin, Missoula, Cascade and Lewis and Clark orders of 2020-2021 (Ex. MT-043 to MT-070, MT-074 to MT-085) rest on this section.

Retrieval note

The 2021 amendments (HB 121) added (2): a health officer's emergency directive 'remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting... and the majority of the governing body moves to amend, rescind, or otherwise change' it, and may not limit attendance at places of worship; (3) bars orders violating 50-2-116(5); and (4) preserves the officer's authority under 50-2-123 and this section 'to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders'. Subsection (1)(a)-(e) is the standing text under which the 2020 county orders issued; the pre-2021 wording was not re-read in this run (the Internet Archive was offline) and is described from the History line.