The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. Title 27, ch. 1, part 16
- Issued
- 2021-02-10 Feb. 10, 2021
- Effective
- 2021-02-10
- End
- Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021) (read as 2031-01-01)
- In force
- Feb. 10, 2021 to Jan. 1, 2031
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementVaccination or testingOther
- Addressees
- persons generally (every non-governmental entity); employers; owners or persons in control of premises
- Character
- liability shield condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
(1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a person is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.
Penalty
n/a (limits the civil standard of care)
What it required
Recorded exactly for the honesty rule: for tort purposes from February 10, 2021 a Montana person was 'not required to ensure face masks are being used', to conduct temperature checks over a refusal, or ((3)) to ensure vaccination 'to meet the standard of care'. The section speaks to the civil standard of care only; it did not repeal or suspend any order (the statewide face-covering requirement was ended by the Governor's Directive of February 12, 2021, Ex. MT-021), and it left 27-1-1606's complete bar for reasonable measures consistent with orders and guidance in place.
Retrieval noteDrafters cite this section only with 27-1-1606 and never as a statement that masking, screening or the other protocols were optional under the orders in force; it addresses the tort standard, and the Face Covering Directive's 'shall require and take reasonable measures to ensure' (Ex. MT-016) remained a public health order until February 12, 2021.