37-3-808. Insurance coverage -- assessment on licensees -- optional use.
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37-3-808 . Insurance coverage -- assessment on licensees -- optional use.
(1)Subject to 37-1-121 , the board may procure a malpractice insurance policy to provide coverage for health corps members. The coverage:
(a)may not cover any services:
(i)performed by a physician who has not paid the fee required under 37-3-804 to participate in the Montana Health Corps Act; or
(ii)provided by a health corps physician to someone other than an eligible individual;
(b)is limited to damages available pursuant to 37-3-806 ; and
(c)does not create, infer, or establish any agency relationship or liability by the board for any services performed under the Montana Health Corps Act.
(2)A policy purchased by the board under this section must be paid for by a fee established by the board by rule that is assessed on all physicians licensed by the board.
(3)A health corps member is not required to use insurance provided under this section. A physician's decision not to use the insurance provided under this section does not affect the physician's liability under 37-3-806 .