(1) "Department" means the Montana department of public health and human services.

(2) Except for the definition of "physician", the department hereby adopts and incorporates by reference 42 CFR 418.3, as amended through October 1, 1988, which sets forth definitions of terms related to services covered as hospice care. Copies of 42 CFR 418.3, as amended through October 1, 1988, are available from the Department of Public Health and Human Services, Health Policy and Services Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

(3) "Physician" means an individual licensed under the state medical practice act to practice medicine or osteopathy.