Mont. Code Ann. § 37-7-101 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-101
37-7-101 Definitions
Status: in_force

37-7-101 . Definitions. As used in this chapter, the following definitions apply:

(1) (a) "Administer" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means.

(b) Except as provided in 37-7-105 , the term does not include immunization by injection for children under 18 years of age.

(2) "Board" means the board of pharmacy provided for in 2-15-1733 .

(3) "Cancer drug" means a prescription drug used to treat:

(a) cancer or its side effects; or

(b) the side effects of a prescription drug used to treat cancer or its side effects.

(4) "Chemical" means medicinal or industrial substances, whether simple, compound, or obtained through the process of the science and art of chemistry, whether of organic or inorganic origin.

(5) "Clinical pharmacist practitioner" means a licensed pharmacist in good standing who meets the requirements specified in 37-7-306 .

(6) "Collaborative pharmacy practice" means the practice of pharmacy by a pharmacist who has agreed to work in conjunction with one or more prescribers, on a voluntary basis and under protocol, and who may perform certain patient care functions under certain specified conditions or limitations authorized by the prescriber.

(7) "Collaborative pharmacy practice agreement" means a written and signed agreement between one or more pharmacists and one or more prescribers that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients.

(8) "Commercial purposes" means the ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices of medicine and pharmacy.

(9) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or device based on:

(a) a practitioner's prescription drug order;

(b) a professional practice relationship between a practitioner, pharmacist, and patient;

(c) research, instruction, or chemical analysis, but not for sale or dispensing;

(d) the preparation of drugs or devices based on routine, regularly observed prescribing patterns; or

(e) the preparation of drugs based on a facility being registered as an outsourcing facility with the FDA.

(10) "Confidential patient information" means privileged information accessed by, maintained by, or transmitted to a pharmacist in patient records or that is communicated to the patient as part of patient counseling.

(11) "Controlled substance" means a substance designated in Schedules II through V of Title 50, chapter 32, part 2.

(12) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(13) "Device" has the same meaning as the term "prescription device" as defined in 21 CFR 801.109.

(14) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for administration to or use by a patient.

(15) "Distribute" or "distribution" means the sale, purchase, trade, delivery, handling, storage, or receipt of a drug or device and does not include:

(a) administering or dispensing a prescription drug, pursuant to section 353(b)(1);

(b) a new animal drug, pursuant to section 360b(b) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301, et seq.; or

(c) dispensing a device other than medical gas and supplies.

(16) "Drug" means a substance:

(a) recognized as a drug in any official compendium or supplement;

(b) intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(c) other than food, intended to affect the structure or function of the body of humans or animals; and

(d) intended for use as a component of a substance specified in subsection (16)(a), (16)(b), or (16)(c).

(17) "Drug utilization review" means an evaluation of a prescription drug order and patient records for duplication of therapy, interactions, proper utilization, and optimum therapeutic outcomes. The term includes but is not limited to the following evaluations:

(a) known allergies;

(b) rational therapy contraindications;

(c) reasonable dose and route administration;

(d) reasonable directions for use;

(e) drug-drug interactions;

(f) drug-food interactions;

(g) drug-disease interactions; and

(h) adverse drug reactions.

(18) "Equivalent drug product" means a drug product that has the same established name, active ingredient or ingredients, strength or concentration, dosage form, and route of administration and meets the same standards as another drug product as determined by any official compendium or supplement. Equivalent drug products may differ in shape, scoring, configuration, packaging, excipients, and expiration time.

(19) "FDA" means the United States food and drug administration.

(20) "Health care facility" has the meaning provided in 50-5-101 .

(21) (a) "Health clinic" means a facility in which advice, counseling, diagnosis, treatment, surgery, care, or services relating to preserving or maintaining health are provided on an outpatient basis for a period of less than 24 consecutive hours to a person not residing at or confined to the facility.

(b) The term includes an outpatient center for primary care and an outpatient center for surgical services, as those terms are defined in 50-5-101 , and a local public health agency as defined in 50-1-101 .

(c) The term does not include a facility that provides routine health screenings, health education, or immunizations.

(22) "Health information system" means one of the following systems used to compile and manage patient health care information:

(a) an electronic health record system;

(b) a health information exchange approved by the board;

(c) a pharmacy dispensing system; or

(d) a system defined by the board by rule.

(23) "Hospital" has the meaning provided in 50-5-101 .

(24) "Immunization-certified pharmacist" means a pharmacist who:

(a) has successfully completed an immunization delivery course of training that is approved by the accreditation council for pharmacy education or by an authority approved by the board and that, at a minimum, includes instruction in hands-on injection technique, clinical evaluation of indications and contraindications of immunizations, storage and handling of immunizations, and documentation and reporting; and

(b) holds a current basic cardiopulmonary resuscitation certification issued by the American heart association, the American red cross, or another recognized provider.

(25) "Intern" means:

(a) a person who is licensed by the state to engage in the practice of pharmacy while under the personal supervision of a preceptor and who is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist;

(b) a graduate of an accredited college of pharmacy who is licensed by the state for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist;

(c) a qualified applicant awaiting examination for licensure; or

(d) a person participating in a residency or fellowship program.

(26) "Long-term care facility" has the meaning provided in 50-5-101 .

(27) "Manufacturing" means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis.

(28) "Medicine" means a remedial agent that has the property of curing, preventing, treating, or mitigating diseases or which is used for this purpose.

(29) "Outsourcing facility" means a facility at one geographic location or address that:

(a) engages in compounding of sterile drugs;

(b) has elected to register as an outsourcing facility with FDA; and

(c) complies with all the requirements of section 353b of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

(30) "Participant" means a physician's office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the cancer drug repository program provided for in 37-7-1403 and that accepts donated cancer drugs or devices under rules adopted by the board.

(31) "Patient counseling" means the communication by the pharmacist of information, as defined by the rules of the board, to the patient or caregiver in order to ensure the proper use of drugs or devices.

(32) "Person" includes an individual, partnership, corporation, association, or other legal entity.

(33) "Pharmaceutical care" means the provision of drug therapy and other patient care services intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.

(34) "Pharmacist" means a person licensed by the state to engage in the practice of pharmacy and who may affix to the person's name the term "R.Ph.".

(35) "Pharmacy" means an established location, either physical or electronic, registered by the board where drugs or devices are dispensed with pharmaceutical care or where pharmaceutical care is provided.

(36) "Pharmacy technician" means an individual who assists a pharmacist in the practice of pharmacy and performs tasks delegated to the technician by a pharmacist that do not require a pharmacist's independent professional judgment.

(37) "Poison" means a substance that, when introduced into the system, either directly or by absorption, produces violent, morbid, or fatal changes or that destroys living tissue with which it comes in contact.

(38) "Practice of pharmacy" means:

(a) interpreting, evaluating, and implementing prescriber orders;

(b) administering drugs and devices pursuant to a collaborative practice agreement, except as provided in 37-7-105 , and compounding, labeling, dispensing, and distributing drugs and devices, including patient counseling;

(c) properly and safely procuring, storing, distributing, and disposing of drugs and devices and maintaining proper records;

(d) prescribing drugs and devices in accordance with 37-7-106 ;

(e) monitoring drug therapy and use;

(f) initiating or modifying drug therapy in accordance with collaborative pharmacy practice agreements established and approved by health care facilities or voluntary agreements with prescribers;

(g) participating in quality assurance and performance improvement activities;

(h) providing information on drugs, dietary supplements, and devices to patients, the public, and other health care providers; and

(i) participating in scientific or clinical research as an investigator or in collaboration with other investigators.

(39) "Practice pharmacy by means of telehealth" means to provide pharmaceutical care through the use of information technology to patients at a distance.

(40) "Preceptor" means an individual who is registered by the board and participates in the instructional training of a pharmacy intern.

(41) "Prescriber" has the same meaning as provided in 37-7-502 .

(42) "Prescription drug" means any drug that is required by federal law or regulation to be dispensed only by a prescription subject to section 353(b) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

(43) "Prescription drug order" means an order from a prescriber for a drug or device that is communicated directly or indirectly by the prescriber to the furnisher by means of a signed order, by electronic transmission, in person, or by telephone. The order must include the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name, strength, and quantity of the drug, drugs, or device prescribed, the directions for use, and the date of its issue. These stipulations apply to written, oral, electronically transmitted, and telephoned prescriptions and orders derived from collaborative pharmacy practice.

(44) "Provisional community pharmacy" means a pharmacy that has been approved by the board, including but not limited to federally qualified health centers, as defined in 42 CFR 405.2401, where prescription drugs are dispensed to appropriately screened, qualified patients.

(45) "Qualified patient" means a person who is uninsured, indigent, or has insufficient funds to obtain needed prescription drugs or cancer drugs.

(46) "Registry" means the prescription drug registry provided for in 37-7-1502 .

(47) "Wholesale" means a sale for the purpose of resale.
Mont. Code Ann. § 37-7-102 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-102
37-7-102 Practice subject to regulation
Status: in_force

37-7-102 . Practice subject to regulation. The practice of pharmacy is a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest.
Mont. Code Ann. § 37-4-401 — MT Code / Title 37 / Chapter 4 / Part 4 / Section 37-4-401
37-4-401 Practice of dental hygiene -- rulemaking
Status: in_force

37-4-401 . Practice of dental hygiene -- rulemaking. (1) (a) The practice of dental hygiene is services, performed by a licensed preventive oral health practitioner known as a dental hygienist, that are educational, therapeutic, prophylactic, or preventive procedures in nature, as the board defines and authorizes through rule, and that may be performed under general supervision of a licensed dentist.

(b) The practice of dental hygiene also includes and the board shall authorize the administration of local anesthetic agents by a licensed dental hygienist certified by the board to administer the agents under the general supervision and authorization of a licensed dentist.

(c) (i) The practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that:

(A) are not controlled substances; and

(B) do not require a license by the federal drug enforcement agency.

(ii) Prescriptive authority under this section must be:

(A) done under the general supervision of a licensed dentist or by a dental hygienist practicing with a limited access permit under public health supervision;

(B) pursuant to rules adopted by the board; and

(C) in compliance with applicable laws concerning prescription packaging, labeling, and recordkeeping requirements.

(iii) The board shall determine by rule the education and competency requirements required for dental hygiene prescriptive authority.

(iv) The board shall determine by rule the percentage of fluoride, chlorhexidine gluconate, or any other active ingredients in any medication that may be prescribed by a dental hygienist under this section.

(2) Subsection (1) does not allow the board or a licensed dentist to delegate any of the following duties:

(a) diagnosis, treatment planning, and prescription other than prescriptions authorized under subsection (1)(c);

(b) surgical procedures on hard and soft tissues other than root planing and subgingival curettage;

(c) restorative, prosthetic, orthodontic, and other procedures that require the knowledge and skill of a dentist;

(d) prescription for drugs or medications, other than those listed under subsection (1)(c); or

(e) work authorizations.
Mont. Code Ann. § 37-16-103 — MT Code / Title 37 / Chapter 16 / Part 1 / Section 37-16-103
37-16-103 Exemptions
Status: in_force

37-16-103 . Exemptions. This chapter does not apply to a person who is:

(1) a physician licensed to practice by the state board of medical examiners;

(2) engaged in the practice of fitting prescription hearing aids if the person's practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public agency; or

(3) licensed as an audiologist under the provisions of Title 37, chapter 15.
Mont. Code Ann. § 37-61-416 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-416
37-61-416 Party may appear in person or by attorney
Status: in_force

37-61-416 . Party may appear in person or by attorney. A party to a civil action who is of legal age may prosecute or defend the action in person or by attorney at the party's election unless the party has been judicially declared to be incompetent to manage the party's affairs. Each provision of this part relating to the conduct of an action in which the attorney for the party is mentioned includes a party prosecuting or defending in person unless otherwise specially prescribed or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, the party may not appear or act in person when an attorney may appear or act either by special provisions of law or by the course and practice of the court.
Mont. Code Ann. § 37-6-301 — MT Code / Title 37 / Chapter 6 / Part 3 / Section 37-6-301
37-6-301 License required for practice
Status: in_force

37-6-301 . License required for practice. Except as otherwise provided in this chapter, it is unlawful for a person to profess to be a podiatrist, to practice or assume the duties incident to podiatry, or to advertise in any form or hold out to the public that the person is a podiatrist or in a sign or advertisement to use the word "podiatrist" or "foot correctionist" or any other term, terms, or letters indicating to the public that the person is holding out to the public that the person is a podiatrist or foot correctionist in any manner without first obtaining from the board a license authorizing the practice of podiatry in this state.
Mont. Code Ann. § 37-12-301 — MT Code / Title 37 / Chapter 12 / Part 3 / Section 37-12-301
37-12-301 Unlawful to practice without license
Status: in_force

37-12-301 . Unlawful to practice without license. It is unlawful for a person to practice chiropractic in this state without first obtaining a license under this chapter.
Mont. Code Ann. § 37-66-303 — MT Code / Title 37 / Chapter 66 / Part 3 / Section 37-66-303
37-66-303 Licensing restricted to individuals -- partnerships -- local business licensing
Status: in_force

37-66-303 . Licensing restricted to individuals -- partnerships -- local business licensing. (1) Certificates of licensing may be issued to natural persons only, but this chapter does not prevent a licensed landscape architect from performing services for a corporation, firm, partnership, or association.

(2) Each partner in a partnership of landscape architects must be licensed to practice landscape architecture. Subject to this requirement, a partnership of landscape architects may use a partnership name if the name consists of:

(a) the names of two or more landscape architects; or

(b) the names of one or more landscape architects and one or more professional engineers, architects, or planners.

(3) A person applying to the licensing official of any county or city for a business license to practice landscape architecture shall, at the time of application, exhibit to the licensing official satisfactory evidence that the applicant possesses a current registration with the board. The license may not be granted until the evidence is presented.
Mont. Code Ann. § 37-54-416 — MT Code / Title 37 / Chapter 54 / Part 4 / Section 37-54-416
37-54-416 Retention of records
Status: in_force

37-54-416 . Retention of records. (1) A licensed or certified real estate appraiser shall retain for 5 years from the date of submission of an appraisal report to a client:

(a) an original or true copy of any written contract engaging the person's services as an appraiser;

(b) an appraisal report prepared or signed by the licensed or certified real estate appraiser; and

(c) all supporting data assembled and formulated by the licensed or certified real estate appraiser in preparing the appraisal report.

(2) If a licensed or certified real estate appraiser is notified within this 5-year period that the appraisal report is involved in litigation, the appraiser shall retain the appraisal report for 5 years from the final date of disposition of the litigation.

(3) The licensed or certified real estate appraiser shall make available to the board at reasonable times, for inspection and copying, any appraisal report the appraiser is required to maintain under the provisions of this section.
Mont. Code Ann. § 37-54-518 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-518
37-54-518 Advertising
Status: in_force

37-54-518 . Advertising. (1) An appraisal management company registered in this state shall disclose its registration number on its engagement letter for each appraisal assignment.

(2) An appraiser shall list the appraisal management company's approved registration number in the body of the appraisal report.
Mont. Code Ann. § 37-8-405 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-405
37-8-405 Professional nursing -- qualifications of applicants for license
Status: in_force

37-8-405 . Professional nursing -- qualifications of applicants for license. An applicant for a license to practice as a registered professional nurse shall submit to the department written evidence that the applicant:

(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;

(2) has completed the basic professional curriculum in an approved school of nursing and holds a diploma from that school; and

(3) meets other qualification requirements the board prescribes.
Mont. Code Ann. § 37-1-133 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-133
37-1-133 Board members' compensation and expenses
Status: in_force

37-1-133 . Board members' compensation and expenses. Unless otherwise provided by law, each member of a board allocated to the department is entitled to receive $100 per day compensation and travel expenses, as provided for in 2-18-501 through 2-18-503 , for each day spent on official board business. Board members who conduct official board business in their city of residence are entitled to receive a midday meal allowance, as provided for in 2-18-502 . Ex officio board members may not receive compensation but must receive travel expenses.
Mont. Code Ann. § 37-13-201 — MT Code / Title 37 / Chapter 13 / Part 2 / Section 37-13-201
37-13-201 Powers and duties
Status: in_force

37-13-201 . Powers and duties. In addition to all other powers and duties conferred and imposed on the board by this chapter, the board must have and exercise the following powers and duties:

(1) to promulgate, under the applicable provisions of the Montana Administrative Procedure Act, rules that it determines to be necessary to carry out the provisions of this chapter;

(2) to adopt a schedule of minimum educational requirements, not inconsistent with the provisions of this chapter;

(3) to prescribe forms for application for examination and license;

(4) to prepare and supervise examination of applicants for license to practice acupuncture;

(5) to obtain the services of professional examination agencies in lieu of its own preparation of the examinations;

(6) to issue, revoke, and suspend licenses as provided in this chapter;

(7) to hold hearings, issue subpoenas, administer oaths, and take testimony and proofs concerning all matters within its jurisdiction; and

(8) to issue commissions to take depositions of witnesses who are sick or absent from the state.
Mont. Code Ann. § 37-19-828 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-828
37-19-828 Funeral trust fund -- deposit of money
Status: in_force

37-19-828 . Funeral trust fund -- deposit of money. (1) (a) A party that provides services pursuant to a contract for a prearranged funeral or related services and that receives money under the contract shall deposit the money within 10 business days of receipt in a banking institution or invest the money in the stock of a savings or building and loan association or in the shares of a credit union.

(b) The banking institution, savings or building and loan association, or credit union shall maintain an office in this state and must be organized under the laws of this state, of another state, or of the United States.

(c) Deposits or investments made as provided in this section must comply with the prudent investor rule provided for in Title 72, chapter 38, part 9. The rule may not be waived.

(2) Deposits or investments made pursuant to this section constitute a trust fund for the benefit of the person contracting for the prearranged funeral or related services. The money must be placed in a separate account in the name of the depositor as trustee for the person contracting for the prearranged funeral or related services.
Mont. Code Ann. § 37-2-305 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-305
37-2-305 Telehealth services -- rulemaking authority
Status: in_force

37-2-305 . Telehealth services -- rulemaking authority. (1) A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth:

(a) is appropriate for the services being provided;

(b) meets the standard of care for delivery of services; and

(c) complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.

(2) A board may adopt rules establishing requirements for the use of telehealth by its licensees.

(3) (a) For the purposes of this section, "telehealth" means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:

(i) used by a health care provider or health care facility to deliver health care services; and

(ii) delivered over a secure connection that complies with the requirements of state and federal privacy laws.

(b) The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile machines and electronic messaging is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.

(c) For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509 , the term does not include the use of audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.
Mont. Code Ann. § 37-8-432 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-432
37-8-432 Deposit of fees
Status: in_force

37-8-432 . Deposit of fees. Fees and fines collected by the department under this chapter, except those collected by a justice's court, shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-19-303 — MT Code / Title 37 / Chapter 19 / Part 3 / Section 37-19-303
37-19-303 Mortician's license --renewals -- fees
Status: in_force

37-19-303 . Mortician's license --renewals -- fees. A person licensed to practice mortuary science under a mortician's license may renew the license on payment of the renewal license fee set by the board by rule.
Mont. Code Ann. § 37-8-416 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-416
37-8-416 Licensed practical nursing -- examination
Status: in_force

37-8-416 . Licensed practical nursing -- examination. An applicant for a license to practice as a practical nurse is required to pass a written examination in subjects as the board determines. A written examination may be supplemented by an oral or practical examination. The board may use any nationally standardized examination for practical nurse licensure identified by the board in its rules. The passing score shall be established by the board in its rules. On successfully passing the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse.
Mont. Code Ann. § 37-47-315 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-315
37-47-315 Terminated
Status: in_force

37-47-315 . Terminated. Sec. 6, Ch. 544, L. 1999.
Mont. Code Ann. § 37-19-906 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-906
37-19-906 Loss of right of disposition
Status: in_force

37-19-906 . Loss of right of disposition. A person entitled to the right of disposition under 37-19-904 forfeits that right and the right is passed on to the next qualifying person listed in 37-19-904 under the following circumstances:

(1) the person is charged with deliberate or negligent homicide in connection with the decedent's death. However, if the charges against the person are dismissed or if the person is acquitted of the charges, the right of disposition is returned to the person.

(2) the person does not exercise the person's right of disposition within 2 days after notification of the death of the decedent or within 3 days of the decedent's death, whichever is earlier;

(3) the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of the decedent's death; or

(4) the district court, pursuant to 37-19-907 , determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subsection, "estranged" means a physical and emotional separation from the decedent existing at the time of death and that existed for a period of time prior to death that clearly demonstrates an absence of affection, trust, and regard for the decedent.
Mont. Code Ann. § 37-6-107 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-107
37-6-107 Certification required for ankle surgery -- places of performance of surgery
Status: in_force

37-6-107 . Certification required for ankle surgery -- places of performance of surgery. (1) Notwithstanding any other provisions in this title, a podiatrist may not perform surgical treatments of the ankle unless certified to do so by the board. The board shall certify a podiatrist whom it considers qualified by education, training, and experience or who is certified by the American board of podiatric surgery.

(2) A surgical treatment of the ankle performed in accordance with subsection (1) must be performed in a hospital or outpatient center for surgical services licensed under Title 50.
Mont. Code Ann. § 37-65-308 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-308
37-65-308 Seal of architect
Status: in_force

37-65-308 . Seal of architect. Every licensed architect must have a seal that must contain the name of the architect, the city and state of the architect's place of business, the architect's license number, and the words "Licensed Architect, State of Montana".
Mont. Code Ann. § 37-51-312 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-312
37-51-312 No taxation by municipality
Status: in_force

37-51-312 . No taxation by municipality. (1) A license fee or license tax may not be imposed on a real estate broker or salesperson as a condition to the practice of the broker's or salesperson's profession by a municipality or any other political subdivision of the state, including a local government with self-governing powers.

(2) This section does not prohibit a municipality or other political subdivision of the state from imposing a general business license fee or general business license tax on an establishment as a condition of conducting business in the municipality's or other political subdivision's jurisdiction.
Mont. Code Ann. § 37-1-308 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-308
37-1-308 Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions
Status: in_force

37-1-308 . Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions. (1) Except as provided in subsections (4) and (5), a person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.

(2) (a) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have committed a violation of this part, the department may, with the concurrence of a member of the screening panel established in 37-1-307 , investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation.

(b) Except as provided in subsection (2)(c), if the written complaint or information that a licensee or license applicant may have violated a requirement of this part is based on the licensee or license applicant's exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution, then the investigation of the licensee or license applicant must cease immediately, and the complaint must be dismissed.

(c) If the complaint alleges an activity by a licensee whose free speech rights are protected under 50-4-1106 , the department or licensing board receiving the complaint must comply with the notification requirements of 50-4-1106 .

(3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.

(4) A person under legal custody of a county detention center or incarcerated under legal custody of the department of corrections may not file a complaint under subsection (1) against a licensed or certified provider of health care or rehabilitative services for services that were provided to the person while detained or confined in a county detention center or incarcerated under legal custody of the department of corrections unless the complaint is first reviewed by a correctional health care review team provided for in 37-1-331 .

(5) A board member may file a complaint with the board on which the member serves or otherwise act in concert with a complainant in developing, authoring, or initiating a complaint to be filed with the board if the board member determines that there are reasonable grounds to believe that a particular statute, rule, or standard has been violated.
Mont. Code Ann. § 37-17-403 — MT Code / Title 37 / Chapter 17 / Part 4 / Section 37-17-403
37-17-403 License required -- qualifications
Status: in_force

37-17-403 . License required -- qualifications. (1) An individual may not represent to the public that the individual is an assistant behavior analyst or a behavior analyst without a license issued under this section.

(2) The board shall license as a behavior analyst or an assistant behavior analyst an individual who:

(a) submits an application as determined by the board by rule;

(b) pays required applicant fees and subsequent renewal fees;

(c) submits a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.

(d) provides evidence of current certification at the appropriate level from the behavior analyst certification board;

(e) is of good moral character; and

(f) attests to abiding by professional and ethical requirements indicated in the Professional and Ethical Compliance Code for Behavior Analysts recognized by the behavior analyst certification board.

(3) To obtain a license as a behavior analyst, an individual must meet the requirements in subsection (2) and:

(a) have passed the board-certified behavior analyst examination by the behavior analyst certification board;

(b) be currently certified as a behavior analyst by the behavior analyst certification board; and

(c) have met the educational course work and requirements set by the board by rule.

(4) To obtain a license as an assistant behavior analyst, an individual must meet the requirements in subsection (2) and:

(a) have passed the board-certified assistant behavior analyst examination by the behavior analyst certification board;

(b) be currently certified as an assistant behavior analyst by the behavior analyst certification board; and

(c) have met the educational course work and requirements set by the board by rule.
Mont. Code Ann. § 37-68-304 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-304
37-68-304 Master electricians -- application -- qualifications -- contents of examination -- fees
Status: in_force

37-68-304 . Master electricians -- application -- qualifications -- contents of examination -- fees. (1) An applicant for a master electrician's license shall furnish written evidence of at least one of the following:

(a) being a graduate electrical engineer of an accredited college or university and having a minimum of 2,000 hours of legally obtained practical electrical experience; or

(b) having at least 8,000 hours of legally obtained journeyman level experience in planning, laying out, or supervising the installation and repair of wiring, apparatus, or equipment for electrical light, heat, and power.

(2) An applicant for a license as a master electrician shall file an application on a form furnished by the department, submit appropriate fees, and satisfactorily pass an examination prescribed by the board. The board shall notify each applicant that the evidence submitted with the applicant's application is sufficient to qualify to take the examination or that the evidence is insufficient and is rejected. If the application is rejected, the board shall set forth the reasons in the notice to the applicant.

(3) The examination must consist of at least 80 questions designed to fairly test the applicant's knowledge and the applicant's technical application skills in the following subjects:

(a) the national electric code; and

(b) board rules and applicable laws under Title 37.

(4) The board shall determine by rule the fees to be charged an applicant for each examination or reexamination. The fees must be commensurate with costs.
Mont. Code Ann. § 37-8-401 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-401
37-8-401 Unlawful to indicate licensure without valid license
Status: in_force

37-8-401 . Unlawful to indicate licensure without valid license. It shall be unlawful for any person to use any title, abbreviation, sign, card, or device to indicate that such person is a registered professional nurse or a licensed practical nurse unless such person has been duly licensed under the provisions of this chapter, and the license of such person shall be valid and in force in compliance with the provisions of this chapter.
Mont. Code Ann. § 37-4-205 — MT Code / Title 37 / Chapter 4 / Part 2 / Section 37-4-205
37-4-205 Rulemaking
Status: in_force

37-4-205 . Rulemaking. The board may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this chapter in accordance with the Montana Administrative Procedure Act. Rules adopted under this section may include but are not limited to the following subjects:

(1) the practice of dentistry or oral surgery involving the administration of anesthetics; and

(2) advertising by a licensed dentist including:

(a) the use of false, deceptive, or misleading advertising;

(b) the use of information concerning fees, areas of practice, specialization, personal background, and quality of service in advertising; and

(c) the use of warnings and disclaimers in advertising.
Mont. Code Ann. § 37-47-404 — MT Code / Title 37 / Chapter 47 / Part 4 / Section 37-47-404
37-47-404 Responsibility for violations of law
Status: in_force

37-47-404 . Responsibility for violations of law. (1) A person accompanying a hunting or fishing party as an outfitter, guide, or outfitter's assistant is equally responsible with any person or party engaging the person as an outfitter for any violation of fish and game laws unless the violation is reported to a peace officer by the outfitter, guide, or outfitter's assistant and the outfitter, guide, or outfitter's assistant was not an active participant. An outfitter, guide, or outfitter's assistant who willfully fails or refuses to report any violation of fish and game laws is liable for the penalties provided in this chapter. If a guide or outfitter's assistant violates the laws or applicable regulations relating to fish and game, outfitting, or guiding with actual knowledge of an outfitter engaging the guide or outfitter's assistant, the outfitter is legally responsible for the violation for all purposes under the laws or regulations if the outfitter fails to report the violation to the proper authority.

(2) An outfitter, guide, or outfitter's assistant shall report any violation or suspected violation of fish and game laws that the outfitter, guide, or outfitter's assistant knows has been committed by the employees, contractors, agents, representatives, clients, or participants in the outfitting or guiding activity. The violation or suspected violation must be reported to a peace officer at the earliest possible opportunity.

(3) A person may not hire or retain an outfitter unless the outfitter is currently licensed in accordance with the laws of the state of Montana. A person may not use the services of a guide, and a guide may not offer services unless the services are obtained through an endorsing outfitter.

(4) An outfitter may not place a hired or retained outfitter's assistant in a position of providing services to participants until the outfitter has documentation as specified by board rule under 37-47-201 (4)(e).
Mont. Code Ann. § 37-19-902 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-902
37-19-902 Purpose
Status: in_force

37-19-902 . Purpose. The legislature declares that it is the public policy of this state to provide an orderly and uniform system to determine which individuals hold the right to direct and carry out funeral and disposition arrangements for the remains of deceased individuals.
Mont. Code Ann. § 37-7-406 — MT Code / Title 37 / Chapter 7 / Part 4 / Section 37-7-406
37-7-406 Standards for prospective drug utilization review and patient counseling
Status: in_force

37-7-406 . Standards for prospective drug utilization review and patient counseling. (1) The board may by rule set standards for the provision of prospective drug utilization review information from a pharmacist to a patient before a prescription is dispensed to the patient or the patient's representative. The review may include, when applicable, an appropriate level of screening for potential drug therapy problems due to therapeutic duplication, drug disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse.

(2) Under the standards provided for in this section, the pharmacist should offer to discuss those matters that, in the pharmacist's professional judgment, the pharmacist considers significant to the patient's safe and proper use of the prescribed drug. The patient counseling should encompass the topics set forth in 42 U.S.C. 1396r-8 of the Social Security Act and administrative rules established by the board.

(3) Communications between a pharmacist and a patient pursuant to the standards provided for in this section constitute health care information for the purposes of Title 50, chapter 16, part 5.

(4) Standards established by the board under this section apply to all patients seen by a pharmacist or to categories of patients as the board may designate. However, standards provided for in this section may not apply to inpatients of a health care facility in which a nurse or other licensed health care professional is authorized to administer the prescribed drug.
Mont. Code Ann. § 37-54-302 — MT Code / Title 37 / Chapter 54 / Part 3 / Section 37-54-302
37-54-302 Certification process -- fees
Status: in_force

37-54-302 . Certification process -- fees. (1) An application for certification, original certification, or renewal of certification must be made in writing to the board on forms approved by the board.

(2) A fee established by the board by rule must accompany the application.

(3) When an applicant files an application for original certification or renewal of certification, the applicant shall sign a pledge to comply with the standards of professional appraisal practice established for certified real estate appraisers under 37-54-403 and affirm that the applicant understands the types of misconduct for which disciplinary action may be initiated under 37-1-308 .

(4) To be eligible for original certification as a real estate appraiser, an applicant shall:

(a) specify the class or classes of certification for which the applicant is applying and provide evidence satisfactory to the board that the applicant has the education required for the class or classes of certification for which application is made;

(b) pass an examination prescribed by the board; and

(c) have the type and amount of experience in real estate appraisal prescribed by the board.

(5) A certificate issued under 37-54-305 must bear the signatures or facsimile signatures of the members of the board and a certificate number assigned by the board.

(6) As a prerequisite to certification as a real estate appraiser, the board shall require the applicant to submit fingerprints for the purpose of fingerprint and background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307 .

(7) If an applicant has a history of criminal convictions, then pursuant to 37-1-203 , the applicant has the opportunity to demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust, and if the board determines the applicant is not, the license may be denied.
Mont. Code Ann. § 37-24-306 — MT Code / Title 37 / Chapter 24 / Part 3 / Section 37-24-306
37-24-306 Issuance of license
Status: in_force

37-24-306 . Issuance of license. (1) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.

(2) The license must include the dates of issuance and expiration.
Mont. Code Ann. § 37-67-325 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-325
37-67-325 Qualifications of applicant for examination and licensure as professional land surveyor
Status: in_force

37-67-325 . Qualifications of applicant for examination and licensure as professional land surveyor. (1) An applicant who meets any of the following sets of requirements must be admitted to the principles and practices of surveying examination and the Montana state-specific land surveyor examination:

(a) a baccalaureate degree in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, at least 4 years of combined office and field experience in land surveying under the direct supervision of a licensed professional land surveyor of which at least 3 years must be progressive experience on land surveying projects, and references and exhibits of land surveying projects as required by the board;

(b) an associate degree in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, at least 6 years of combined office and field experience in land surveying under the direct supervision of a licensed professional land surveyor of which at least 4 1/2 years must be progressive experience on land surveying projects, and references and exhibits of land surveying projects as required by the board;

(c) a baccalaureate degree with a minor in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, at least 6 years of combined office and field experience in land surveying under the direct supervision of a licensed professional land surveyor of which at least 4 1/2 years must be progressive experience on land surveying projects, and references and exhibits of land surveying projects as required by the board; or

(d) before October 1, 2022, passage of the fundamentals of surveying examination, at least 10 years of combined office and field experience in land surveying under the direct supervision of a licensed professional land surveyor of which at least 6 years must be progressive experience on land surveying projects, and references and exhibits of land surveying projects as required by the board.

(2) Upon passage of both examinations, the applicant must be granted a license to practice land surveying in this state.
Mont. Code Ann. § 37-68-201 — MT Code / Title 37 / Chapter 68 / Part 2 / Section 37-68-201
37-68-201 Rulemaking power
Status: in_force

37-68-201 . Rulemaking power. (1) The board shall meet quarterly and at other times that the board considers necessary.

(2) The board shall adopt rules for the administration of this chapter, for the licensing of electrical contractors, and for the examination of master, journeyman, and residential electricians.
Mont. Code Ann. § 37-31-305 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-305
37-31-305 Qualifications for license to teach -- provisional teaching license
Status: in_force

37-31-305 . Qualifications for license to teach -- provisional teaching license. (1) An applicant for licensure to teach the professions in this chapter must:

(a) have a license to practice in the same profession the person plans to teach;

(b) have practiced under the license in subsection (1)(a) for 12 continuous months before taking the teacher's examination;

(c) have completed teacher training and received a diploma from a board-approved teacher course; and

(d) have passed the board-approved examination.

(2) An applicant who meets the criteria in subsection (1)(a) but has 3 or more years of practice in the profession the applicant plans to teach is eligible for a nonrenewable, 2-year provisional license as a teacher while completing board-approved coursework related to teaching methodology in lieu of a diploma in subsection (1)(c).

(3) The board shall issue a license to teach under this chapter, without examination, to a person licensed in another state if the board determines that:

(a) the other state's course of study hour requirement is equal to or greater than the hour requirement in this state; and

(b) the person's license from the other state is current and the person is not subject to pending or final disciplinary action for unprofessional conduct or impairment.
Mont. Code Ann. § 37-1-413 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-413
37-1-413 Department authority
Status: in_force

37-1-413 . Department authority. For each licensing program regulated by the department under this part, the department is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining confidential criminal justice information regarding licensees and license applicants and regarding possible unlicensed practice.
Mont. Code Ann. § 37-1-304 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-304
37-1-304 Licensure by endorsement -- reciprocity
Status: in_force

37-1-304 . Licensure by endorsement -- reciprocity. (1) Except as provided in 37-1-147 , an applicant for licensure by endorsement must have an active license in good standing from a jurisdiction whose license qualifications, measured at the time of application to this state, are substantially equivalent to the license qualifications of this state.

(2) For an application regulated by a board, if the board determines that the qualifications in subsection (1) are not substantially equivalent, the board shall determine whether the deficiency can be addressed by the applicant's actual qualifications and work experience.

(3) For an application regulated by a program, if the qualifications in subsection (1) are not substantially equivalent, the department shall determine whether the deficiency can be addressed by the applicant's actual qualifications and work experience.

(4) This section does not prevent a board from entering into a reciprocity agreement with the licensing authority of another state or jurisdiction. The agreement may not permit out-of-state licensees to obtain a license by reciprocity within this state if the license applicant has not met standards that are substantially equivalent to or greater than the standards required in this state as determined by the board.

(5) This section does not apply to the licensure of schools or facilities regulated by boards and programs.
Mont. Code Ann. § 37-7-410 — MT Code / Title 37 / Chapter 7 / Part 4 / Section 37-7-410
37-7-410 Positive identification required
Status: in_force

37-7-410 . Positive identification required. (1) (a) Except as provided in subsection (2), a pharmacy may not dispense a controlled substance to a potential recipient without first positively identifying the recipient by means of a valid driver's license, a school district or postsecondary education photo identification, a tribal photo identification, or other identification allowed by the board by rule.

(b) Documentation of the recipient's identification must be permanently linked to the record of the dispensed controlled substance and must include:

(i) a copy of the identification presented; or

(ii) a record that includes:

(A) the recipient's name;

(B) the type of identification presented and the unique identification number; and

(C) the government entity that issued the identification.

(2) Positive identification is not required if:

(a) the controlled substance is dispensed directly to the patient and:

(i) the filled prescription is delivered to the patient or the patient's health care provider; or

(ii) the patient is being treated at a health care facility or is housed in a correctional facility; or

(b) the potential recipient of the controlled substance is personally and positively known by a pharmacist or an employee of the pharmacy who is present and identifies the recipient and the personal identification is documented by recording:

(i) the recipient's name;

(ii) a notation indicating that the recipient was known to a pharmacist or an employee of the pharmacy; and

(iii) the identity of the individual making the personal identification.
Mont. Code Ann. § 37-11-311 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-311
37-11-311 Display of license
Status: in_force

37-11-311 . Display of license. Each licensee shall display the licensee's current license in a conspicuous place in the principal office where the licensee practices physical therapy.
Mont. Code Ann. § 37-47-101 — MT Code / Title 37 / Chapter 47 / Part 1 / Section 37-47-101
37-47-101 Definitions
Status: in_force

37-47-101 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Accompany" means to go with or be together with a participant as an escort, companion, or other service provider, with an actual physical presence in the area where the activity is being conducted and within sight or sound of the participant at some time during the furnishing of service.

(2) "Board" means the board of outfitters provided for in 2-15-1773 .

(3) "Business entity" means any version of a proprietorship, partnership, corporation, or limited liability company.

(4) "Consideration" means something of value given or done in exchange for something of value given or done by another.

(5) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(6) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.

(7) "Guide" means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed.

(8) "License year" means the period indicated on the face of the license for which the license is valid.

(9) "Net client hunter use" or "NCHU" means the number of clients authorized to be served by an outfitter on private and state land and on any federal land where an outfitter's use of the federal land is not limited by some means other than NCHU.

(10) "Outfitter" means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal, facilities, camping equipment, vehicle, watercraft, or other conveyance, or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a licensed guide or outfitter's assistant in accompanying that person.

(11) "Outfitter's assistant" means a person who is employed or retained by and directed by a licensed outfitter to perform the tasks of a guide when a guide's license cannot be readily attained prior to or during the service of a participant due to an emergency. The person may not represent to the public that the person is an outfitter or guide.

(12) "Participant" means a person using the services offered by a licensed outfitter.
Mont. Code Ann. § 37-51-315 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-315
37-51-315 Vicarious liability
Status: in_force

37-51-315 . Vicarious liability. (1) A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless:

(a) the party has actual knowledge of the misrepresentation; or

(b) the agent or subagent is repeating a misrepresentation made by the party.

(2) A broker is not liable for a misrepresentation made by the broker's subagent unless:

(a) the broker has actual knowledge of the misrepresentation;

(b) the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or

(c) a broker or subagent is repeating a misrepresentation made by the broker.

(3) An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.
Mont. Code Ann. § 37-24-108 — MT Code / Title 37 / Chapter 24 / Part 1 / Section 37-24-108
37-24-108 Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements
Status: in_force

37-24-108 . Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements. (1) A licensed occupational therapist who meets the requirements of 37-24-106 may apply or administer topical medications by:

(a) direct application;

(b) iontophoresis, a process in which topical medications are applied through the use of electricity; or

(c) phonophoresis, a process in which topical medications are applied through the use of ultrasound.

(2) A licensed occupational therapist may apply or administer the following topical medications:

(a) bactericidal agents;

(b) debriding agents;

(c) anesthetic agents;

(d) anti-inflammatory agents;

(e) antispasmodic agents; and

(f) adrenocorticosteroids.

(3) (a) Topical medications applied or administered by a licensed occupational therapist must be prescribed on a specific or standing basis by a licensed medical practitioner authorized to order or prescribe topical medications and must be purchased from a pharmacy certified under 37-7-321 .

(b) Topical medications dispensed under this section must comply with packaging and labeling guidelines developed by the board of pharmacy under Title 37, chapter 7.

(4) A licensed occupational therapist who applies or administers topical medications shall keep appropriate records with respect to those medications.
Mont. Code Ann. § 37-61-412 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-412
37-61-412 Partner of public prosecutor not to defend
Status: in_force

37-61-412 . Partner of public prosecutor not to defend. An attorney may not:

(1) directly or indirectly advise concerning, aid, or take any part in the defense of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney general, county attorney, or other public prosecutor, by a person with whom the attorney is interested or connected, either directly or indirectly, as a law partner; or

(2) take or receive, directly or indirectly, from a defendant in a case described in subsection (1) or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, express or implied, having relation to a case described in subsection (1) or to the prosecution or defense of a case described in subsection (1).
Mont. Code Ann. § 37-3-202 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-202
37-3-202 Policy
Status: in_force

37-3-202 . Policy. The board shall maintain reasonable and continuing supervision and surveillance over all licensees under this chapter to ensure that such licensees maintain standards of conduct and exercise the privileges granted hereunder in the greatest public interest and to carry out the purposes and provisions of this chapter.
Mont. Code Ann. § 37-8-302 — MT Code / Title 37 / Chapter 8 / Part 3 / Section 37-8-302
37-8-302 Nursing education programs -- survey and approval
Status: in_force

37-8-302 . Nursing education programs -- survey and approval. (1) It is the duty of the department through its authorized employees or representatives to periodically survey all nursing education programs. Written reports of such surveys shall be submitted to the board. If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be granted initial or continuing approval.

(2) If the board determines that any approved nursing education program is not maintaining the standards required by law and the rules established by the board, notice shall be given to the nursing education program specifying the areas of noncompliance. A program that fails to correct these areas of noncompliance within the time designated by the board shall be removed from the list of approved nursing education programs.
Mont. Code Ann. § 37-42-305 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-305
37-42-305 Certification without examination
Status: in_force

37-42-305 . Certification without examination. The department may consider for certification the holder of a certificate issued by a governmental agency or equivalent certification board of another state on presentation to the department of satisfactory evidence that the applicant is in responsible charge of works located in this state requiring a certified operator and that the applicant has successfully passed an examination at least equivalent to that required under 37-42-202 (2).
Mont. Code Ann. § 37-19-701 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-701
37-19-701 Purpose
Status: in_force

37-19-701 . Purpose. The legislature finds that because the practice of crematory operation affects the lives of the people of this state and because some Montanans may exercise their right to choose cremation for themselves or a loved one, it is the purpose of this part to:

(1) provide standards for the licensing and regulation of crematoriums in order to protect the public health, safety, and welfare; and

(2) ensure the qualified and professional practice of crematory operation.
Mont. Code Ann. § 37-69-101 — MT Code / Title 37 / Chapter 69 / Part 1 / Section 37-69-101
37-69-101 Definitions
Status: in_force

37-69-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of plumbers provided for in 2-15-1765 .

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(3) "Drainage system" means all the piping inside the walls of a building that conveys sewage or other liquid wastes outside the building to the building sewer but that does not extend more than 2 feet outside the building way.

(4) "Field of plumbing" means the business, trade, or work having to do with the installation, removal, alteration, or repair of plumbing and drainage systems or parts of plumbing and drainage systems.

(5) "Journeyman plumber" means a person who is authorized to make installation of all sanitary plumbing and potable water supply piping and appliances connected to the plumbing and piping.

(6) "Master plumber" means a person who is authorized by this chapter to plan, estimate, bid, contract for, and supervise plumbing work and who may do the work of a journeyman plumber.

(7) (a) "Plumbing system" means all potable water supply and distribution pipes, plumbing fixtures and traps, drainage and vent pipes, and building drains, including their respective joints and connections, devices, receptacles, and appurtenances within the property lines of any premises, up to 20 feet beyond the building foundation line, and includes potable water piping, water heaters, and vents for the premises.

(b) The term does not include water services installed and maintained by water districts or water user associations in which water service is installed by any qualified person appointed or hired by the administrative authority of the water system.

(8) "Public sewer system" means any common sewer carrying liquid wastes from two or more dwellings or any other facility that serves the public.

(9) "Public water supply" means any community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that serves 10 or more families or 25 or more persons on a regular and continuous basis.
Mont. Code Ann. § 37-11-304 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-304
37-11-304 Application for examination
Status: in_force

37-11-304 . Application for examination. A person who desires to be licensed as a physical therapist or a physical therapist assistant shall apply to the department on a form furnished by the department.
Mont. Code Ann. § 37-77-103 — MT Code / Title 37 / Chapter 77 / Part 1 / Section 37-77-103
37-77-103 Exemptions
Status: in_force

37-77-103 . (Temporary -- effective January 1, 2026) Exemptions. This chapter does not prohibit a qualified member of another profession, business, educational program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of ethics, including peer mentors, advocates, and coaches, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is engaging in the practice of doula care. (Terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 37-51-207 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-207
37-51-207 Schedule of fees
Status: in_force

37-51-207 . Schedule of fees. The board shall adopt a schedule of fees to be charged by the department and to be paid into the state special revenue fund for the use of the board. The fees charged must be reasonably related to the cost incurred in regulating the real estate industry.
Mont. Code Ann. § 37-7-706 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-706
37-7-706 Patient communication -- telephone service
Status: in_force

37-7-706 . Patient communication -- telephone service. Every out-of-state mail order pharmacy shall provide a toll-free telephone service, available at least 6 days a week and for 40 hours a week, to facilitate communication as may be required under this part, between patients in this state and a pharmacist who has access to the patients' records at the out-of-state mail order pharmacy. The toll-free telephone number must be affixed to all drug product containers dispensed to patients in this state.
Mont. Code Ann. § 37-66-102 — MT Code / Title 37 / Chapter 66 / Part 1 / Section 37-66-102
37-66-102 Purpose
Status: in_force

37-66-102 . Purpose. The purpose of this chapter is to safeguard life, health, property, and to promote the public welfare by requiring that only properly qualified persons shall be licensed to practice landscape architecture in this state.
Mont. Code Ann. § 37-19-815 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-815
37-19-815 Permit -- amendment
Status: in_force

37-19-815 . Permit -- amendment. (1) Whenever a cemetery company that is subject to the provisions of this part proposes to amend its present permit for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the perpetual care and maintenance fund, expansion of a cemetery, or other changes in its operation, the cemetery company shall file an application for amendment of the permit with the board.

(2) The application must be accompanied by a fee and other information that the board requires by rule.
Mont. Code Ann. § 37-47-311 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-311
37-47-311 Limit one license
Status: in_force

37-47-311 . Limit one license. (1) An individual may not hold more than one outfitter's license either for the individual's own benefit or for the use and benefit of a business entity. However, the name of a business entity may appear on more than one current outfitter's license.

(2) Subsection (1) does not prevent a licensee from:

(a) owning or operating more than one business entity under one license; or

(b) filing more than one operations plan with the board.
Mont. Code Ann. § 37-31-302 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-302
37-31-302 License required to practice, teach, or operate salon, shop, booth, or school
Status: in_force

37-31-302 . License required to practice, teach, or operate salon, shop, booth, or school. (1) A person may practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring with a license as provided for in 37-31-304 .

(2) A person may teach barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring with a license as provided for in 37-31-311 .

(3) A place may be used to teach barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring for compensation with a license as provided for in 37-31-311 .

(4) A person may operate or manage a salon or shop with a license or a provisional license as provided in 37-31-312 .

(5) A person may not manage or operate a booth without a booth rental license.

(6) A person, firm, partnership, corporation, or other legal entity desiring to operate a salon, shop, or booth shall apply to the department for a license. The application must be accompanied by the license fee.

(7) A license may be issued when the inspection fees required in 37-31-312 have been paid.
Mont. Code Ann. § 37-19-814 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-814
37-19-814 Permit -- application
Status: in_force

37-19-814 . Permit -- application. (1) By January 1, 1998, a person operating a cemetery or a cemetery company governed by this part must have a permit issued by the board. The permit must be displayed in a conspicuous place at the cemetery.

(2) A cemetery permit expires on the date set by board rule and may be renewed for a 5-year period upon payment of a fee set by the board. An application for a permit or renewal of a permit must designate a responsible person, including that person's address and telephone number, who is available to act on behalf of the cemetery company with regard to the requirements of this part. A cemetery company may designate a different person with board approval. An application for renewal of a permit must contain:

(a) the name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the telephone number of the cemetery company;

(b) the number and dollar amount of sales of cemetery lots, grave spaces, mausoleums, crypts, niches, and burial rights for which payment has been made in full and the number of certificates or deeds of conveyance issued during the preceding 5 calendar years;

(c) an accounting of the amounts paid into the perpetual care and maintenance fund and the income received from the fund during the preceding 5 calendar or fiscal years, including the total amount due to the fund whether paid in or not, the amount due to the fund at the date of the report, and the amount expended for maintenance of the cemetery;

(d) the names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company, any change in control of the cemetery company that has occurred during the past 5 calendar or fiscal years, the date of incorporation, if applicable, and the resident agent and address of the registered agent's office if the cemetery company is a corporation; and

(e) any other information that the board requires by rule.

(3) The board may set a penalty fee for late renewal of a permit.
Mont. Code Ann. § 37-42-203 — MT Code / Title 37 / Chapter 42 / Part 2 / Section 37-42-203
37-42-203 Duty to advise and assist department
Status: in_force

37-42-203 . Duty to advise and assist department. The council shall advise and assist the department in the administration of the certification program. The council shall serve as an advisory board to the department in actions relating to the qualifications of water and wastewater treatment plant operators.
Mont. Code Ann. § 37-69-305 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-305
37-69-305 Qualifications of applicants for master plumber's license -- restriction on authority
Status: in_force

37-69-305 . Qualifications of applicants for master plumber's license -- restriction on authority. (1) The following requirements must be met by an applicant for a master plumber's license:

(a) evidence of 4 years of experience as a licensed journeyman plumber in the field of plumbing, verified by time or pay records of actual plumbing experience;

(b) evidence of 3 years of experience, which may run concurrently with the requirement in subsection (1)(a):

(i) working with a licensed master plumber; or

(ii) in a supervisory capacity in the field of plumbing; and

(c) satisfactory completion of an examination prescribed by the board for master plumbers testing the applicant's knowledge of the field of plumbing and demonstrating skill and ability in the field of plumbing.

(2) For purposes of subsection (1), 1 year of experience is 1,500 hours or more of work in a continuous 12-month period.

(3) A master plumber may not allow the master plumber's license to be used by any person or firm, corporation, or business other than the master plumber's own for the purpose of obtaining permits or for doing plumbing work under the license.
Mont. Code Ann. § 37-54-412 — MT Code / Title 37 / Chapter 54 / Part 4 / Section 37-54-412
37-54-412 Collection of appraisal fees
Status: in_force

37-54-412 . Collection of appraisal fees. A person who performs independent appraisal services as a licensed or certified real estate appraiser in this state may not bring an action in any court in this state to collect compensation for the performance of those services unless the person alleges and proves that the person held a valid license or certificate at all times during the performance of those services.
Mont. Code Ann. § 37-1-405 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-405
37-1-405 Findings of fact -- order -- report
Status: in_force

37-1-405 . Findings of fact -- order -- report. (1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of this part has occurred, the department shall prepare and serve findings of fact, conclusions of law, and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve an order of dismissal of the charges.

(2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-403 , an accepted stipulation, a hearing examiner's proposed decision, and a final order.

(b) In addition to any other means of notice, the department shall post the required information on a publicly available website.

(c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure.
Mont. Code Ann. § 37-42-102 — MT Code / Title 37 / Chapter 42 / Part 1 / Section 37-42-102
37-42-102 Definitions
Status: in_force

37-42-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of environmental review provided for in 2-15-3502 .

(2) "Certificate" means a certificate of competency issued by the department, stating that the operator holding the certificate has met the requirements for the specified operator classification of the certification program.

(3) "Community water system" means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents.

(4) "Council" means the water and wastewater operators' advisory council provided for in 2-15-2105 .

(5) "Department" means the department of environmental quality provided for in 2-15-3501 .

(6) "Industrial waste" means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present.

(7) "Industrial waste discharge system" means a system that discharges industrial waste into state waters.

(8) "Nontransient noncommunity water system" means a public water system, as defined in 75-6-202 , that is not a community system and that regularly serves at least 25 of the same persons for at least 6 months a year.

(9) "Operator" means the person in direct responsible charge of the operation of a water treatment plant, water distribution system, or wastewater treatment plant.

(10) "State waters" means the term as defined in 75-6-102 .

(11) "Wastewater treatment plant" means a facility that:

(a) is designed to remove solids, bacteria, or other harmful constituents of sewage, industrial waste, or other wastes; and

(b) is part of either an industrial waste discharge system or a public sewage system as defined in 75-6-102 .

(12) "Water distribution system" means that portion of the water supply system that conveys water from the water treatment plant or other supply source to the premises of the consumer and that is part of a community water system or a nontransient noncommunity water system.

(13) "Water supply system" means a system of pipes, structures, and facilities through which water is obtained, treated, sold, distributed, or otherwise offered to the public for household use or use by humans and that is part of a community water system or a nontransient noncommunity water system.

(14) "Water treatment plant" means that portion of the water supply system that alters either the physical, chemical, or bacteriological quality of the water and renders it safe and palatable for human use.
Mont. Code Ann. § 37-73-226 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-226
37-73-226 Failure to display license
Status: in_force

37-73-226 . Failure to display license. (1) A citation issued by an employee of the department for failure to display an elevator mechanic's license or proof of licensure must include:

(a) the time and date on which the citation is issued;

(b) the name, residential address, and signature of the person to whom the citation is issued;

(c) reference to the statutory authority to issue the citation;

(d) the name, title, affiliation, and signature of the person issuing the citation;

(e) information explaining the procedure for the person to follow in order to pay the fine or to demonstrate proof of licensure; and

(f) the amount of the applicable fine.

(2) The applicable civil fines for failing to display a license or proof of licensure are as follows:

(a) $100 for the first offense;

(b) $250 for the second offense; and

(c) $500 for the third and any subsequent offense.

(3) Each day of violation constitutes a separate offense. The person issuing the citation is responsible for determining, by means of an up-to-date list or through telephone or other communication with the department, whether the citation being issued is for a first, second, or subsequent offense.

(4) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the appropriate authority identified on the citation within 5 business days of the date of issuance. The department may waive or refund the fine upon finding that the person has demonstrated acceptable proof of licensure.

(5) A person who violates this section is also subject to the provisions of 37-1-109 .
Mont. Code Ann. § 37-67-101 — MT Code / Title 37 / Chapter 67 / Part 1 / Section 37-67-101
37-67-101 Definitions
Status: in_force

37-67-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763 .

(2) "Branch office" means any office or location where business is conducted that is not the headquarters, main office, home office, or other primary location of a sole proprietorship, firm, partnership, or corporation for purposes of regulation under 37-67-328 .

(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(4) "Engineer intern" means a person who complies with the requirements for education, experience, and character and has passed an examination in the fundamental engineering subjects, as provided in this chapter.

(5) (a) "Engineering survey" means all survey activities required to support the sound conception, planning, design, construction, maintenance, operation, and association of engineering projects.

(b) The term does not include the surveying of real property for the establishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system.

(6) "Land surveyor intern" means a person who has qualified for, taken, and passed an examination on the basic disciplines of land surveying, as provided in this chapter.

(7) (a) "Practice of engineering" means:

(i) any service or creative work the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of water, teaching of advanced engineering subjects, engineering surveys, and the inspection of construction for the purpose of ensuring compliance with drawings and specifications;

(ii) any of the functions described in subsection (7)(a)(i) that embrace the services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of mechanical, electrical, hydraulic, pneumatic, or thermal nature insofar as they involve safeguarding life, health, or property.

(b) The term includes other professional services necessary to the planning, progress, and completion of any engineering services.

(c) The term does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, communication lines, signal circuits, electric powerlines, or pipelines.

(8) "Practice of land surveying" means any service or work, the performance of which requires the application of special knowledge of the principles of mathematics, physical sciences, applied sciences, and:

(a) the principles of property boundary law to the recovery and preservation of evidence pertaining to earlier land surveys;

(b) teaching of land surveying subjects;

(c) measurement and allocation of lines, angles, elevations, and coordinate systems;

(d) location of natural and constructed features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water, including work for the determination of areas and volumes;

(e) monumenting of property boundaries;

(f) platting and layout of lands and the subdivisions of land, including the alignment and grades of streets and roads in subdivisions;

(g) preparation and perpetuation of maps, plats, field note records, and property descriptions; and

(h) locating, relocating, establishing, reestablishing, laying out, or retracing of any property line or boundary of any tract of land or road, right-of-way, easement, right-of-way easement, alignment, or elevation of any of the fixed works embraced within the practice of engineering.

(9) "Professional engineer" means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering and who has been licensed as a professional engineer by the board.

(10) "Professional land surveyor" means a person who:

(a) has been licensed as a land surveyor by the board;

(b) is a professional specialist in the technique, analysis, and application of measuring land;

(c) is skilled and educated in the principles of mathematically related physical and applied sciences, relevant requirements of law for adequate evidence, and all requisites to the surveying of real property; and

(d) is engaged in the practice of land surveying.

(11) "Responsible charge" means direct charge and control and personal supervision either of engineering work or of land surveying. Only a professional engineer or a professional land surveyor may legally assume responsible charge under this chapter.
Mont. Code Ann. § 37-3-323 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-323
37-3-323 Suspension of license -- investigation
Status: in_force

37-3-323 . Suspension of license -- investigation. (1) The department may investigate whenever the department learns of a reason to suspect that a license applicant or a person having a license to practice medicine in this state:

(a) is mentally or physically unable to safely engage in the practice of medicine, has procured a license to practice medicine by fraud or misrepresentation or through mistake, has been declared incompetent by a court of competent jurisdiction and has not later been lawfully declared competent, or has a condition that impairs the person's intellect or judgment to the extent that the condition incapacitates the person for the safe performance of professional duties;

(b) has engaged in unprofessional conduct;

(c) has practiced medicine with a suspended or revoked license;

(d) has had a license to practice medicine suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or

(e) while under probation has violated the terms of probation.

(2) The investigation must be for the purpose of determining the probability of the existence of these conditions or the commission of these offenses. The board may examine and scrutinize the medical records and reports of a licensee or license applicant from examination as part of the investigation, and copies must be released to the board on written request. Any examination of a physician must be conducted by a physician approved by the board or the board's designee.

(3) If a person holding a license to practice medicine under this chapter is by a final order or adjudication of a court of competent jurisdiction adjudged to be mentally incompetent, to be addicted to the use of addictive substances, or to have been committed pursuant to 53-21-127 , the person's license may be suspended by the board. The suspension continues until the licensee is found or adjudged by the court to be restored to reason or cured or until the person is discharged as restored to reason or cured and the person's professional competence has been proved to the satisfaction of the board.
Mont. Code Ann. § 37-18-701 — MT Code / Title 37 / Chapter 18 / Part 7 / Section 37-18-701
37-18-701 License required for veterinary technicians -- requirements -- license renewal -- use of initials or terms
Status: in_force

37-18-701 . License required for veterinary technicians -- requirements -- license renewal -- use of initials or terms. (1) (a) An individual seeking to practice as a veterinary technician in this state must be licensed as a veterinary technician by the board.

(2) To be eligible for licensure as a veterinary technician, an applicant:

(a) shall file an application on a form furnished by the department and pay fees as prescribed by rule;

(b) must meet the requirements of subsection (3); and

(c) must meet additional requirements set by the board by rule.

(3) (a) Except as provided in subsection (3)(b), an applicant must be a graduate of a program accredited by the American veterinary medical association as determined by board rule and pass an examination as prescribed by the board.

(b) An applicant who does not meet the qualifications required in subsection (3)(a) shall:

(i) obtain a minimum of 4,500 hours of experience equivalent to that of a licensed veterinary technician; and

(ii) pass an examination as prescribed by the board.

(4) Subject to review by the board, a person who does not hold an active license as a veterinary technician may not state or imply orally, in writing, or in print that the person is a "licensed veterinary technician" or use the initials "LVT".
Mont. Code Ann. § 37-9-202 — MT Code / Title 37 / Chapter 9 / Part 2 / Section 37-9-202
37-9-202 Exclusive jurisdiction of board
Status: in_force

37-9-202 . Exclusive jurisdiction of board. The board shall have exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and the holder of a license under the provisions of this chapter shall be deemed qualified to serve as the administrator of a nursing home for all purposes.
Mont. Code Ann. § 37-33-406 — MT Code / Title 37 / Chapter 33 / Part 4 / Section 37-33-406
37-33-406 Massage therapy businesses -- requirements
Status: in_force

37-33-406 . Massage therapy businesses -- requirements. (1) A massage therapy business shall conspicuously display on the premises the license of each massage therapist working at the business or, for a mobile practice, make the license readily available.

(2) (a) The department or a designee, a government official having jurisdiction, or a law enforcement officer may enter a massage therapy business at any time during business hours to determine compliance with subsection (1).

(b) The action taken under subsection (2)(a) may not interrupt a treatment session that is in progress, except that a treatment session lasting 2 hours or more may be interrupted.
Mont. Code Ann. § 37-67-331 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-331
37-67-331 Revocation, suspension, restriction, or limitation of license -- grounds
Status: in_force

37-67-331 . Revocation, suspension, restriction, or limitation of license -- grounds. The board may reprimand a licensee or revoke, suspend, or restrict or limit the license of a licensee found responsible for:

(1) gross negligence, incompetency, or misconduct in the practice of professional engineering or professional land surveying;

(2) a violation of rules for professional conduct for professional engineers and professional land surveyors adopted by the board; or

(3) failing to comply with state laws and rules pertaining to the practice of professional engineering or professional land surveying.
Mont. Code Ann. § 37-18-101 — MT Code / Title 37 / Chapter 18 / Part 1 / Section 37-18-101
37-18-101 Definitions
Status: in_force

37-18-101 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Board" means the board of veterinary medicine provided for in 2-15-1742 .

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(3) "Direct supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is on the premises and readily available to take over direct care or to consult on animal care directly with a licensed veterinary technician.

(4) "Emergency" means a life-threatening condition in which immediate treatment is necessary to sustain life or, if death is imminent, to relieve pain and suffering.

(5) "Immediate supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is within direct eyesight and hearing range of a licensed veterinary technician.

(6) "Indirect supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is not on the premises but is available to perform the duties of a licensed veterinarian by maintaining direct communication with a licensed veterinary technician and who is in compliance with 37-18-309 .
Mont. Code Ann. § 37-4-308 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-308
37-4-308 Permit required to administer anesthesia -- board to set minimum qualifications -- inspection -- fees -- temporary permit
Status: in_force

37-4-308 . Permit required to administer anesthesia -- board to set minimum qualifications -- inspection -- fees -- temporary permit. (1) A dentist may administer deep sedation, general anesthesia, or moderate sedation on application of a permit and inspection by the board.

(2) (a) The board may adopt rules prescribing reasonable standards for the administration and monitoring of anesthesia and sedation, including minimum education, continuing education, and experience qualifications for deep sedation, general anesthesia, moderate sedation, and minimal sedation.

(b) The board may adopt rules prescribing standards for a licensee holding an anesthesia permit. The rules must include a minimum of equipment, supplies, and drugs necessary for administering deep sedation, general anesthesia, or moderate sedation and may include a minimum of equipment and supplies when nitrous oxide or oxygen is administered alone or in conjunction with a single oral sedative agent.

(3) (a) An initial inspection must be performed for each deep sedation, general anesthesia, or moderate sedation permit, with a reinspection at intervals not to exceed 5 years.

(b) The initial inspection must be performed by an inspector appointed by the board. The applicant must be notified at least 30 days prior to the inspection, and the name of the inspector must be provided.

(4) The board may charge fees, including an application fee, permit renewal fee, initial inspection fee, and reinspection fee, to be set at the discretion of the board. Fees must be commensurate with costs.

(5) The board may grant a temporary permit, on receipt of application and payment of the initial inspection fee, authorizing a licensed dentist to administer deep sedation, general anesthesia, or moderate sedation for a period not to exceed 120 days or until an inspection is complete. The temporary permit may be extended on approval by the board.
Mont. Code Ann. § 37-54-212 — MT Code / Title 37 / Chapter 54 / Part 2 / Section 37-54-212
37-54-212 Temporary permit practice by out-of-state appraisers
Status: in_force

37-54-212 . Temporary permit practice by out-of-state appraisers. In accordance with policy statements issued by the appraisal subcommittee of the federal financial institutions examination council under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and without regard to the provisions of 37-1-144 , the department shall issue a temporary practice permit to an appraiser licensed or certified in another state if:

(1) the appraiser registers with the board; and

(2) the license or certificate is currently in good standing as verified by the national registry of appraisers.
Mont. Code Ann. § 37-4-301 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-301
37-4-301 Qualifications -- fees
Status: in_force

37-4-301 . Qualifications -- fees. Applicants for licensure shall submit an application that must include, when required:

(1) certification of successful completion of the national board examination;

(2) certification of successful completion of a regional board examination;

(3) three affidavits of good moral character;

(4) a certificate of graduation from a board-approved dental school; and

(5) an application fee.
Mont. Code Ann. § 37-14-305 — MT Code / Title 37 / Chapter 14 / Part 3 / Section 37-14-305
37-14-305 Issuance of license or limited permit
Status: in_force

37-14-305 . Issuance of license or limited permit. The board shall issue a license or limited permit to each applicant who has met the requirements of this chapter.
Mont. Code Ann. § 37-34-303 — MT Code / Title 37 / Chapter 34 / Part 3 / Section 37-34-303
37-34-303 Standards for licensure
Status: in_force

37-34-303 . Standards for licensure. (1) The board shall issue a clinical laboratory scientist license to an individual who meets the qualifications as promulgated by rules of the board. At a minimum, a licensee must be a person who:

(a) has graduated with a baccalaureate degree, including a minimum number of hours in areas or disciplines established by rule by the board; and

(b) has passed a certifying examination approved by the board.

(2) The board shall issue a clinical laboratory specialist license to an individual who has graduated with a baccalaureate degree as described in subsection (1) and has passed a certifying examination covering those fields in which the applicant is eligible and approved by the board. The license must be issued as a clinical laboratory specialist license and must state the designation of the area of specialty.

(3) The board shall issue a clinical laboratory technician license to an individual who meets the qualifications promulgated by the board, including the following minimum qualifications:

(a) completion of an associate degree or 60 semester hours in a science-related discipline;

(b) completion of other equivalent formal education as approved by the board; and

(c) passing a certifying examination approved by the board.
Mont. Code Ann. § 37-31-324 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-324
37-31-324 Deposit of fees
Status: in_force

37-31-324 . Deposit of fees. All fees collected by the department under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-42-321 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-321
37-42-321 Revocation of operator's certificate -- disciplinary action by department
Status: in_force

37-42-321 . Revocation of operator's certificate -- disciplinary action by department. (1) The department may issue an order revoking the certificate of an operator when the department finds that:

(a) the operator has practiced fraud or deception;

(b) reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties; or

(c) the operator is incompetent or unable to properly perform the operator's duties.

(2) The department may issue an order taking any disciplinary action listed in 37-1-136 .

(3) A person aggrieved by an order of the department under this section may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after receipt of the department's decision.

(4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
Mont. Code Ann. § 37-3-203 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-203
37-3-203 Powers and duties -- rulemaking authority
Status: in_force

37-3-203 . Powers and duties -- rulemaking authority. (1) The board may:

(a) adopt rules necessary or proper to carry out the requirements in this chapter and of chapters covering podiatry, physician assistants, and nutritionists as set forth in Title 37, chapters 6, 20, and 25, respectively.

(b) hold hearings and take evidence in matters relating to the exercise and performance of the powers and duties vested in the board;

(c) aid the county attorneys of this state in the enforcement of parts 1 through 4 and 8 of this chapter as well as Title 37, chapters 6, 20, and 25. The board also may assist the county attorneys of this state in the prosecution of persons, firms, associations, or corporations charged with violations of the provisions listed in this subsection (1)(c).

(d) review certifications of disability and determinations of eligibility for a permit to hunt from a vehicle as provided in 87-2-803 (11); and

(e) fund additional staff, hired by the department, to administer the provisions of this chapter, by increasing license fees as necessary.

(2) (a) The board shall establish a medical assistance program to assist and rehabilitate licensees who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness.

(b) The board shall ensure that a licensee who is required or volunteers to participate in the medical assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a qualified treatment program outside the state unless the board finds that there is no qualified treatment program in this state.

(3) (a) The board shall report annually on the number and types of complaints it has received involving physician practices in providing written certification, as defined in 16-12-502 , for the use of marijuana for a debilitating medical condition provided for in Title 16, chapter 12, part 5. The report must contain:

(i) the number of complaints received by the board pursuant to 37-1-308 ;

(ii) the number of complaints for which a reasonable cause determination was made pursuant to 37-1-307 ;

(iii) the general nature of the complaints;

(iv) the number of investigations conducted into physician practices in providing written certification; and

(v) the number of physicians disciplined by the board for their practices in providing written certification for the use of marijuana for a debilitating medical condition.

(b) Except as provided in subsection (3)(c), the report may not contain individual identifying information regarding the physicians about whom the board received complaints.

(c) For each physician against whom the board takes disciplinary action related to the physician's practices in providing written certification for the use of marijuana for a debilitating medical condition, the report must include:

(i) the name of the physician;

(ii) the general results of the investigation of the physician's practices; and

(iii) the disciplinary action taken against the physician.

(d) The board shall provide the report to the economic affairs interim committee in accordance with 5-11-210 and shall make a copy of the report available on the board's website.

(4) The board may enter into agreements with other states for the purposes of mutual recognition of licensing standards and licensing of physicians from other states under the terms of a mutual recognition agreement.
Mont. Code Ann. § 37-19-304 — MT Code / Title 37 / Chapter 19 / Part 3 / Section 37-19-304
37-19-304 Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship
Status: in_force

37-19-304 . Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship. An applicant currently enrolled in or having already graduated from a program qualifying under 37-19-302 (3)(b) shall, upon payment of a license fee prescribed by the board, be granted an intern mortician's license to practice mortuary science under the supervision of a licensed mortician in a licensed mortuary in Montana.
Mont. Code Ann. § 37-11-104 — MT Code / Title 37 / Chapter 11 / Part 1 / Section 37-11-104
37-11-104 Physical therapy -- evaluation and treatment
Status: in_force

37-11-104 . Physical therapy -- evaluation and treatment. (1) Physical therapy evaluation includes the administration, interpretation, and evaluation of tests and measurements of bodily functions and structures; the development of a plan of treatment; consultative, educational, and other advisory services; and instruction and supervision of supportive personnel.

(2) Treatment employs, for therapeutic effects, physical measures, activities and devices, for preventive and therapeutic purposes, exercises, rehabilitative procedures, massage, mobilization, and physical agents including but not limited to mechanical devices, heat, cold, air, light, water, electricity, and sound.

(3) The evaluation and treatment procedures listed in subsections (1) and (2) may be performed by a licensed physical therapist without referral.
Mont. Code Ann. § 37-60-310 — MT Code / Title 37 / Chapter 60 / Part 3 / Section 37-60-310
37-60-310 Display of license and identification card
Status: in_force

37-60-310 . Display of license and identification card. (1) A license must at all times be posted in a conspicuous place in the principal place of business of the licensee.

(2) A holder of an identification card shall carry the card while performing the cardholder's duties. A peace officer of this state or any of its political subdivisions may request to see the card at any reasonable time, and the card must be shown.
Mont. Code Ann. § 37-26-403 — MT Code / Title 37 / Chapter 26 / Part 4 / Section 37-26-403
37-26-403 Application for licensure
Status: in_force

37-26-403 . Application for licensure. (1) A person who desires a license to practice naturopathic medicine in Montana shall apply to the department.

(2) The application must be accompanied by the license fees, the application fees, and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by 37-26-402 . The burden of proof is on the applicant, but the department may make an independent investigation to determine whether the applicant possesses the necessary qualifications and whether the applicant has committed unprofessional conduct that would be a basis for licensure denial.

(3) At the board's request, the applicant shall provide necessary authorizations for the release of records and information pertinent to the department's investigation.
Mont. Code Ann. § 37-28-201 — MT Code / Title 37 / Chapter 28 / Part 2 / Section 37-28-201
37-28-201 License required -- exceptions -- respiratory care not the practice of medicine
Status: in_force

37-28-201 . License required -- exceptions -- respiratory care not the practice of medicine. (1) Except as otherwise provided in this chapter, a person may not practice respiratory care or represent to the public that the person is a respiratory care practitioner unless licensed under the provisions of this chapter.

(2) This chapter does not prohibit:

(a) the practice of respiratory care that is an integral part of study by a student respiratory care practitioner;

(b) self-care by a patient or the gratuitous care by a friend or family member who does not purport to be a respiratory care practitioner; or

(c) respiratory care rendered in the course of an emergency.

(3) This chapter is not intended to limit, preclude, or interfere with the practice of other persons and health care providers licensed by the appropriate agencies of the state of Montana.

(4) This chapter may not be construed to permit the practice of medicine.
Mont. Code Ann. § 37-72-304 — MT Code / Title 37 / Chapter 72 / Part 3 / Section 37-72-304
37-72-304 Issuance of license
Status: in_force

37-72-304 . Issuance of license. The department shall issue a license to each person who meets the requirements for licensure as prescribed in this chapter. The license must include the dates of issuance and expiration and a serial number.
Mont. Code Ann. § 37-56-102 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-102
37-56-102 Department powers and duties -- rulemaking
Status: in_force

37-56-102 . Department powers and duties -- rulemaking. (1) The department shall:

(a) license and renew the licenses of qualified applicants; and

(b) adopt rules related to:

(i) eligibility requirements and competency standards;

(ii) license fees; and

(iii) defining unprofessional conduct that is not included in 37-1-410 .

(2) The department may:

(a) adopt rules necessary to implement the provisions of this part; and

(b) establish licensure requirements and procedures as appropriate.
Mont. Code Ann. § 37-7-106 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-106
37-7-106 Pharmacist prescribing authority -- exception
Status: in_force

37-7-106 . Pharmacist prescribing authority -- exception. (1) A pharmacist may prescribe a drug or device for a legitimate medical purpose as allowed under this section for a person with whom the pharmacist has a patient-prescriber relationship.

(2) A pharmacist shall establish the patient-prescriber relationship through a documented patient evaluation that is adequate to:

(a) establish diagnoses, if the drug or device is being prescribed pursuant to subsection (3)(b); and

(b) identify underlying conditions and contraindications to the treatment.

(3) A pharmacist's prescribing authority is limited to drugs and devices that are prescribed for conditions that:

(a) do not require a new diagnosis; or

(b) (i) are minor and generally self-limiting;

(ii) are diagnosed by or for which clinical decisions are made using a test that is waived under the federal clinical laboratory improvement amendments of 1988; or

(iii) are patient emergencies.

(4) A pharmacist may:

(a) prescribe only the drugs or devices for which the pharmacist is educationally prepared and for which competency has been achieved and maintained; and

(b) bill only for assessment services that were necessary, based on the pharmacist's professional judgment, for the pharmacist's decision to prescribe a drug or device pursuant to this section.

(5) A pharmacist may not prescribe a controlled substance or an abortion-inducing drug as that term is defined in 50-20-703 .

(6) A pharmacist prescribing a drug or device pursuant to this section shall:

(a) recognize the limits of the pharmacist's knowledge and experience and consult with and refer to other health care providers as appropriate; and

(b) maintain documentation sufficient to justify the care provided, including but not limited to the:

(i) information collected as part of the patient record;

(ii) prescription record;

(iii) provider notification; and

(iv) follow-up care plan.

(7) This section does not apply to a pharmacist who is operating within a collaborative pharmacy practice agreement.
Mont. Code Ann. § 37-7-601 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-601
37-7-601 Scope and purpose
Status: in_force

37-7-601 . Scope and purpose. This part applies to the wholesale distribution, third-party logistics, manufacturing, or repackaging of prescription drugs or devices in this state. The purpose of this part is to implement the federal Prescription Drug Marketing Act of 1987 and the Drug Quality and Security Act of 2013, which includes but is not limited to the Drug Supply Chain Security Act, by providing minimum standards, terms, and conditions for licensing by the department of persons or entities engaged in the wholesale distribution, third-party logistics, manufacturing, or repackaging of prescription drugs or devices.
Mont. Code Ann. § 37-60-303 — MT Code / Title 37 / Chapter 60 / Part 3 / Section 37-60-303
37-60-303 Private security services licensure qualifications -- fingerprinting -- insurance
Status: in_force

37-60-303 . Private security services licensure qualifications -- fingerprinting -- insurance. (1) An applicant for licensure as a private investigator, private security firearms instructor, private security guard, registered process server, or security alarm installer shall submit evidence satisfactory to the department that the applicant:

(a) is at least 18 years of age;

(b) has completed high school or equivalent education;

(c) meets character and fitness for licensure as demonstrated by a lack of unprofessional conduct; and

(d) has successfully completed training, experience, and examination requirements as the department may prescribe by rule.

(2) In accordance with 34 U.S.C. 40316, the department shall require private investigator, private security firearms instructor, private security guard, registered process server, and security alarm installer license applicants to submit a full set of fingerprints to obtain a national criminal history background check by the Montana department of justice and the federal bureau of investigation for the purposes of licensure.

(3) An applicant for licensure as a private security firm must:

(a) be lawfully organized and registered with the secretary of state or otherwise qualified to do business within this state; and

(b) designate a manager to act as the primary contact between the firm and the department.

(4) An applicant for a private investigator license who has not met the training and examination requirements may apply for a provisional license subject to 37-1-144 and as prescribed by department rule.
Mont. Code Ann. § 37-18-202 — MT Code / Title 37 / Chapter 18 / Part 2 / Section 37-18-202
37-18-202 Rulemaking
Status: in_force

37-18-202 . Rulemaking. The board may adopt rules necessary to carry out the purposes of this chapter.
Mont. Code Ann. § 37-27-321 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-321
37-27-321 Filing of birth certificate
Status: in_force

37-27-321 . Filing of birth certificate. (1) When a birth occurs with a licensed direct-entry midwife in attendance, the direct-entry midwife shall prepare and file a birth certificate, as required by 50-15-221 , with the department of public health and human services.

(2) Failure of a direct-entry midwife to prepare and file the birth certificate constitutes grounds for the suspension or revocation of a license granted under this chapter.
Mont. Code Ann. § 37-19-801 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-801
37-19-801 Short title
Status: in_force

37-19-801 . Short title. This part may be referred to as the "Perpetually Maintained Cemeteries and Funeral and Cemetery Trusts Act".
Mont. Code Ann. § 37-1-143 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-143
37-1-143 Licensee and license applicant contact information -- notice of change of contact information
Status: in_force

37-1-143 . Licensee and license applicant contact information -- notice of change of contact information. (1) A licensee or license applicant shall provide the department the licensee's or license applicant's current address and any change of address within 30 days after the change or upon request by the department.

(2) If consenting to electronic service under 37-1-309 or 37-1-403 , a licensee or license applicant shall provide the department a current e-mail address and any change of e-mail address within 30 days after the change or upon request by the department.
Mont. Code Ann. § 37-27-102 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-102
37-27-102 Purpose
Status: in_force

37-27-102 . Purpose. The legislature finds and declares that because the practice of direct-entry midwifery affects the lives of the people of this state and because some Montanans may exercise their right to give birth where and with whom they choose, it is the purpose of this chapter to provide for the common good by regulating and ensuring the qualified and professional practice of direct-entry midwifery.
Mont. Code Ann. § 37-1-301 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-301
37-1-301 Purpose
Status: in_force

37-1-301 . Purpose. The purpose of this part is to establish uniform guidelines for the licensing and regulation of professions and occupations under the jurisdiction of professional and occupational licensing boards governed by this part.
Mont. Code Ann. § 37-17-406 — MT Code / Title 37 / Chapter 17 / Part 4 / Section 37-17-406
37-17-406 Rulemaking
Status: in_force

37-17-406 . Rulemaking. (1) The board may adopt rules to implement this part plus the requirements in Title 37, chapters 1 through 3, as they apply to disciplinary action, unprofessional conduct, continuing education, implementation and costs of criminal background checks, or recognizing commensurate military experience as a qualification in licensure.

(2) The board shall adopt license fees for behavior analysts and assistant behavior analysts that adequately fund the costs of implementing this part.
Mont. Code Ann. § 37-28-204 — MT Code / Title 37 / Chapter 28 / Part 2 / Section 37-28-204
37-28-204 Criminal background check
Status: in_force

37-28-204 . (Effective on occurrence of contingency) Criminal background check. (1) The board shall require each applicant for licensure as a respiratory care practitioner to submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check.

(2) Each license applicant is responsible for paying all fees charged in relation to obtaining the state and federal criminal history background check.

(3) The board may require a licensee who is renewing a license to submit a full set of the licensee's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check.

(4) The Montana department of justice may share the fingerprint data obtained under this section with the federal bureau of investigation.
Mont. Code Ann. § 37-7-202 — MT Code / Title 37 / Chapter 7 / Part 2 / Section 37-7-202
37-7-202 Salaries and expenses of board members
Status: in_force

37-7-202 . Salaries and expenses of board members. Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-51-105 — MT Code / Title 37 / Chapter 51 / Part 1 / Section 37-51-105
37-51-105 Sexual or violent offender registration information -- responsibility of broker or salesperson
Status: in_force

37-51-105 . Sexual or violent offender registration information -- responsibility of broker or salesperson. The responsibility of a broker or salesperson with respect to sexual or violent offender registration information maintained by a governmental entity under Title 46, chapter 23, part 5, is limited to disclosure of:

(1) the fact that the information may be maintained and by whom; and

(2) the actual knowledge, if any, that the broker or salesperson has of sexual or violent offender registration information that pertains to the property in question.
Mont. Code Ann. § 37-7-701 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-701
37-7-701 Legislative declaration
Status: in_force

37-7-701 . Legislative declaration. The legislature recognizes that with the proliferation of alternate methods of health care delivery, there has arisen among third-party payors and insurance companies the desire to control the cost and use of pharmacy services through a variety of mechanisms, including the use of mail order pharmacies located outside this state. As a result, the legislature finds and declares that to continue to protect the consumer-patients of this state, all out-of-state mail order pharmacies that provide services to this state's residents must be registered with the board, shall disclose specific information about their services, shall meet the same standards for utilization of technicians as an in-state pharmacy, and shall provide pharmacy services at a high level of competence.
Mont. Code Ann. § 37-60-202 — MT Code / Title 37 / Chapter 60 / Part 2 / Section 37-60-202
37-60-202 Rulemaking power
Status: in_force

37-60-202 . Rulemaking power. The department shall adopt and enforce rules:

(1) establishing the qualifications for licensure and standards of practice for licensees under this chapter and for registered process servers under Title 25, chapter 1, part 11;

(2) for the approval of weapons;

(3) requiring licensees, except registered process servers, to file an insurance policy with the department; and

(4) providing for the issuance of probationary identification cards for private investigators and security alarm installers who do not meet the experience or examination requirements.
Mont. Code Ann. § 37-17-104 — MT Code / Title 37 / Chapter 17 / Part 1 / Section 37-17-104
37-17-104 Exemptions
Status: in_force

37-17-104 . Exemptions. (1) Except as provided in subsection (2), this chapter does not prevent:

(a) qualified members of other professions, such as physicians, social workers, lawyers, pastoral counselors, professional counselors, and marriage and family therapists licensed under Title 37, chapter 39, or educators, from doing work of a psychological nature consistent with their training if they do not hold themselves out to the public by a title or description incorporating the words "psychology", "psychologist", "psychological", or "psychologic";

(b) the activities, services, and use of an official title clearly delineating the nature and level of training on the part of a person in the employ of a federal, state, county, or municipal agency or of other political subdivisions or an educational institution, business corporation, or research laboratory insofar as these activities and services are a part of the duties of the office or position within the confines of the agency or institution;

(c) the activities and services of a student, intern, or resident in psychology pursuing a course of study at an accredited university or college or working in a generally recognized training center if these activities and services constitute a part of the supervised course of study of the student, intern, or resident in psychology;

(d) the activities and services of a person who is not a resident of this state in rendering consulting psychological services in this state when these services are rendered for a period which does not exceed, in the aggregate, 60 days during a calendar year or 45 consecutive calendar days if the person is authorized under the laws of the state or country of that person's residence to perform these activities and services. However, these persons shall report to the department the nature and extent of the services in this state prior to providing those services if the services are to exceed 10 days in a calendar year.

(e) a person authorized by the laws of the state or country of the person's former residence to perform activities and services, who has recently become a resident of this state and who has submitted a completed application for a license in this state, from performing the activities and services pending disposition of the person's application; and

(f) the offering of lecture services.

(2) Those qualified members of other professions described in subsection (1)(a) may indicate and hold themselves out as performing psychological testing, evaluation, and assessment, as described in 37-17-102 (4)(b), provided that they are qualified to administer the test and make the evaluation or assessment.

(3) The board of behavioral health shall adopt rules that qualify a clinical social work, clinical professional counseling, or marriage and family therapy licensee under Title 37, chapter 39, to perform psychological testing, evaluation, and assessment. The rules for licensed clinical social workers, professional counselors, and licensed marriage and family therapists must be consistent with the guidelines of their respective national associations. A qualified licensee providing services under this exemption shall comply with the rules no later than 1 year from the date of adoption of the rules.
Mont. Code Ann. § 37-61-411 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-411
37-61-411 Same rule when party prosecutes in person
Status: in_force

37-61-411 . Same rule when party prosecutes in person. Sections 37-61-407 through 37-61-410 apply to a person prosecuting an action in person who does an act which an attorney and counselor is therein forbidden to do.
Mont. Code Ann. § 37-26-102 — MT Code / Title 37 / Chapter 26 / Part 1 / Section 37-26-102
37-26-102 Legislative finding -- purpose
Status: in_force

37-26-102 . Legislative finding -- purpose. (1) The legislature finds that a significant number of Montanans choose naturopathic medicine for their health care needs and declares that naturopathic medicine is a distinct health care profession that affects the public health, safety, and welfare and contributes to public freedom of choice in health care.

(2) The purpose of this chapter is to provide standards for the licensing and regulation of naturopathic physicians in order to protect the public health, safety, and welfare; to ensure that naturopathic health care by qualified naturopathic physicians is available to the people of Montana; and to provide a means of identifying qualified naturopathic physicians.
Mont. Code Ann. § 37-12-201 — MT Code / Title 37 / Chapter 12 / Part 2 / Section 37-12-201
37-12-201 Organization of board -- powers and duties
Status: in_force

37-12-201 . Organization of board -- powers and duties. The board shall:

(1) elect annually a president, vice president, and secretary-treasurer from its membership;

(2) administer oaths, take affidavits, summon witnesses, and take testimony as to matters coming within the scope of the board;

(3) make a schedule of minimum educational requirements that are without prejudice, partiality, or discrimination as to the different schools of chiropractic;

(4) adopt rules necessary for the implementation, administration, continuation, and enforcement of this chapter. The rules must address but are not limited to license applications, the display of licenses, and the registration of interns and preceptors.

(5) make determinations of the qualifications of applicants under this chapter;

(6) certify that a chiropractor who meets the standards that the board by rule adopts is a qualified evaluator for purposes of 39-71-711 ; and

(7) (a) establish a medical assistance program to assist licensees who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness. The program must provide for assistance to licensees in seeking treatment for mental illness or substance abuse and monitor their efforts toward rehabilitation.

(b) The board shall ensure that a licensee who is required or volunteers to participate in the medical assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a qualified treatment program outside the state unless the board finds that there is no qualified treatment program in this state.

(c) For the purposes of funding this medical assistance program, the board shall adjust the renewal fee to be commensurate with the cost of the program.
Mont. Code Ann. § 37-54-102 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-102
37-54-102 Definitions
Status: in_force

37-54-102 . Definitions. Terms commonly used in appraisal practice and as used in this chapter must be defined according to the uniform standards of professional appraisal practice, as issued by the appraisal foundation. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Appraisal" means the practice of developing an opinion of the value of real property in conformance with the uniform standards of professional appraisal practice as developed by the appraisal foundation.

(2) "Appraisal foundation" means the appraisal foundation incorporated as a not-for-profit corporation on November 30, 1987, pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. 3310, et seq. The purposes of the appraisal foundation are to:

(a) establish and improve uniform appraisal standards by defining, issuing, and promoting those standards;

(b) establish appropriate criteria for the licensure and certification of qualified appraisers by defining, issuing, and promoting qualification criteria and disseminate the qualification criteria to states and other governmental entities; and

(c) develop or assist in the development of appropriate examinations for qualified appraisers.

(3) "Appraisal management company" means, in connection with valuation of properties collateralizing mortgage loans or mortgages incorporated into a securitization, an external third party, authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than 15 certified or licensed appraisers in this state or 25 or more nationally within a given year.

(4) "Appraisal management services" means the direct or indirect performance of any of the following functions on behalf of a lender, financial institution, client, or other person in conjunction with a consumer credit transaction that is secured by a consumer's principal dwelling:

(a) administering an appraiser panel;

(b) recruiting, retaining, or selecting appraisers to be part of an appraisal panel;

(c) qualifying and verifying licensing or certification, negotiating fees, and verifying service level expectations with appraisers who are part of an appraiser panel;

(d) contracting with appraisers from the appraiser panel to perform appraisal assignments;

(e) receiving an order for an appraisal assignment from one person and delivering the order for the appraisal assignment to an appraiser who is part of an appraiser panel for completion;

(f) managing the process of having an appraisal assignment performed, including performing administrative duties such as receiving appraisal assignment orders and reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed;

(g) tracking and determining the status of orders for appraisal assignments;

(h) conducting quality control examinations of a completed appraisal assignment prior to the delivery of the appraisal report to a client who ordered the appraisal assignment; and

(i) providing a completed appraisal report performed by an appraiser to one or more clients.

(5) (a) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment.

(b) The term does not include a quality control examination.

(6) "Appraiser" means an individual who holds a license or certification to complete an appraisal assignment in the state where the real property that is the subject of the appraisal assignment is located.

(7) "Appraiser panel" means a network of licensed or certified appraisers who are independent contractors with respect to an appraisal management company and who have:

(a) responded to an invitation, request, or solicitation from an appraisal management company to:

(i) perform an appraisal assignment for a client that has ordered an appraisal assignment through the appraisal management company; or

(ii) perform appraisal assignments for the appraisal management company directly as requested and assigned by the appraisal management company; and

(b) been selected and approved by an appraisal management company to perform appraisal assignments for any client of the company that has ordered an appraisal assignment through the company or to perform appraisal assignments for the appraisal management company directly on a periodic basis as assigned by the appraisal management company.

(8) "Board" means the board of real estate appraisers provided for in 2-15-1758 .

(9) "Certified real estate appraiser" means a person who develops and communicates real estate appraisals and who has a valid real estate appraisal certificate issued under 37-54-305 .

(10) "Controlling person" means:

(a) an owner, officer, or director of a corporation, partnership, or other business entity that offers appraisal management services in this state;

(b) an individual employed, appointed, or authorized by an appraisal management company to enter into a contractual relationship with other persons for the performance of appraisal management services and to enter into agreements with appraisers for the performance of appraisal assignments; or

(c) an individual who possesses directly or indirectly the power to direct or cause the direction of the management or policies of an appraisal management company.

(11) "Department" means the department of labor and industry provided for in 2-15-1701 .

(12) "Evaluation" means an estimate of the market value of real property provided to a financial institution in accordance with the federal interagency appraisal and evaluation guidelines published by the federal financial institutions regulatory agencies for use in a real estate-related financial transaction for which an appraisal by a licensed or certified appraiser is not required by federal law.

(13) "Federal financial institutions regulatory agencies" means the board of governors of the federal reserve system, the federal deposit insurance corporation, and the office of the comptroller of the currency, the office of thrift supervision, and the national credit union administration.

(14) "Financial institution" means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813, or an insured credit union as defined in section 101 of the Federal Credit Union Act, 12 U.S.C. 1752.

(15) "Licensed real estate appraisal trainee" means a person authorized only to assist a certified real estate appraiser in the performance of an appraisal assignment.

(16) "Licensed real estate appraiser" means a person who holds a current valid real estate appraiser license issued under 37-54-201 .

(17) "Person" means an individual, firm, partnership, association, corporation, or other business entity.

(18) "Quality control examination" means an examination of an appraisal report for completeness, including grammatical, mathematical, and typographical errors.

(19) "Real estate appraiser mentor" means a certified real estate appraiser who meets the qualifications set by the board and is approved by the board to supervise licensed real estate appraisal trainees.

(20) "Real estate-related financial transaction" means any transaction involving:

(a) the sale, lease, purchase, or exchange of or investment in real property, including interests in real property, or the financing of real property;

(b) the refinancing of real property or interests in real property; or

(c) the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.
Mont. Code Ann. § 37-69-203 — MT Code / Title 37 / Chapter 69 / Part 2 / Section 37-69-203
37-69-203 Compensation of board members -- expenses
Status: in_force

37-69-203 . Compensation of board members -- expenses. A member of the board is entitled to compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-18-801 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-801
37-18-801 Definitions
Status: in_force

37-18-801 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Extralabel use" means the use of an approved drug in a manner that is not in accordance with the approved label directions.

(2) "Veterinary dispensing technician" means a nonpharmacist registered by the board of veterinary medicine to dispense veterinary prescription drugs in a veterinary retail facility.

(3) "Veterinary prescription drugs" means drugs that are to be used or prescribed by a veterinarian licensed pursuant to 37-18-301 to a client who is the owner or caretaker of the animal in need of treatment. Veterinary prescription drugs are those drugs restricted by federal law to use by or on the order of a licensed veterinarian.

(4) "Veterinary retail facility" means an establishment registered by the board of pharmacy employing a registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to bona fide orders of licensed veterinarians.
Mont. Code Ann. § 37-43-309 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-309
37-43-309 Complaints and investigations
Status: in_force

37-43-309 . Complaints and investigations. The board may investigate complaints against licensees to determine compliance with the laws and rules of this chapter. Licensees must be given an opportunity to respond to a complaint, after which the board may begin disciplinary action under 37-43-310 . The board may require complainants and licensees to appear before the board to discuss complaints and to attempt to settle differences.
Mont. Code Ann. § 37-47-201 — MT Code / Title 37 / Chapter 47 / Part 2 / Section 37-47-201
37-47-201 Powers and duties of board relating to outfitters and guides
Status: in_force

37-47-201 . Powers and duties of board relating to outfitters and guides. The board shall:

(1) cooperate with the federal government in matters of mutual concern regarding the business of outfitting and guiding in Montana;

(2) enforce the provisions of this chapter and rules adopted pursuant to this chapter;

(3) establish outfitter standards and guide standards;

(4) adopt:

(a) rules to administer and enforce this chapter, including rules prescribing all requisite qualifications for licensure as an outfitter or guide. Qualifications for outfitters may include training, testing, experience, and knowledge of rules of governmental bodies pertaining to outfitting.

(b) any reasonable rules, not in conflict with this chapter, necessary for safeguarding the public health, safety, and welfare, including evidence of qualification and licensure under this chapter for any person practicing or offering to practice as an outfitter or guide;

(c) rules specifying components and standards for review and approval of operations plans. Operations plans must:

(i) be updated at least annually if there has been a substantive change; and

(ii) indicate all forms of use of private land acreage where licensed outfitters are authorized by the landowner to operate, except for the use of private lands that allow unrestricted public access and are managed under cooperative agreements with adjacent public lands.

(d) rules establishing outfitter reporting requirements; and

(e) rules specifying what constitutes an emergency for which an outfitter's assistant may be hired, standards for outfitter's assistants, and documentation standards for proof of employment or retention required of outfitter's assistants. The rules must also identify data that may be collected regarding use of outfitter's assistants.

(5) hold hearings and proceedings to suspend or revoke licenses of outfitters and guides for due cause; and

(6) maintain records of net client hunter use.
Mont. Code Ann. § 37-1-109 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-109
37-1-109 Cease and desist -- injunction -- criminal penalties
Status: in_force

37-1-109 . Cease and desist -- injunction -- criminal penalties. (1) The department may issue a cease and desist order if the department determines through the receipt of credible evidence that a person is acting, has acted, or is about to act related to a profession or occupation in Title 37:

(a) without the license required to practice the profession or occupation;

(b) with a restricted title or designation of the profession or occupation without meeting the requirements for that use; or

(c) in violation of a statute or rule of the profession or occupation.

(2) A cease and desist order issued under this section must be served pursuant to Rule 4, M.R.Civ.P. The order is effective upon service. Proof of service constitutes notice to the person of the existence and contents of the order.

(3) The screening panel of a board or the department on behalf of a program may assess a penalty of not more than $1,000 a day for each day a cease and desist order issued under this section is violated. Fifty percent of the penalty must be deposited in the state special revenue fund of the board or program, and the remainder must be deposited in the state general fund.

(4) (a) A board, following a vote of its screening panel, or the department, on behalf of a program, may institute and maintain in the name of the state an action for injunction or another civil remedy in district court to enforce a cease and desist order issued under this section. Proof of inadequacy of a legal remedy or proof of substantial or irreparable damage from continued violation is not required.

(b) The board or department is entitled to its costs, including the costs of investigation and attorney fees, incurred in seeking a district court order under this section.

(c) A person who knowingly or purposely violates a district court injunction under this section is guilty of a felony and subject to the penalties set forth in 46-18-213 .

(5) An officer, agent, partner, or member of a business entity who knowingly and personally participates in a violation of this section is subject to the penalties prescribed by this section.

(6) The remedies provided by this section are in addition to and do not limit the remedies and actions otherwise permitted or required by law.
Mont. Code Ann. § 37-54-202 — MT Code / Title 37 / Chapter 54 / Part 2 / Section 37-54-202
37-54-202 Qualifications for licensure
Status: in_force

37-54-202 . Qualifications for licensure. (1) To qualify for a real estate appraiser license, an applicant:

(a) must be of good moral character;

(b) shall successfully complete a course of study prescribed by the board;

(c) must have the type and amount of experience in real estate appraisal prescribed by the board;

(d) shall successfully complete an examination prescribed by the board; and

(e) shall comply with any other requirements related to the practice of real estate appraisal as prescribed by the board by rule.

(2) To qualify for licensure as a real estate appraisal trainee, an applicant:

(a) must be of good moral character;

(b) shall successfully complete a course of study prescribed by the board;

(c) shall provide a written acknowledgment from the real estate appraiser mentor that the applicant will be assisting; and

(d) is not required to take an examination.

(3) As a prerequisite to the issuance of a real estate appraiser license or real estate appraisal trainee license, the board shall require the applicant to submit fingerprints for the purpose of fingerprint and background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307 .

(4) If an applicant has a history of criminal convictions, then pursuant to 37-1-203 , the applicant has the opportunity to demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust, and if the board determines that the applicant is not, the license may be denied.
Mont. Code Ann. § 37-7-602 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-602
37-7-602 Definitions
Status: in_force

37-7-602 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Dispenser" means a retail pharmacy, a hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distribution centers of the entities listed in this subsection (1)(a), if they are under common ownership and control and do not act as a wholesale distributor.

(b) The term does not include a person who dispenses only products used in animals in accordance with FDA laws and regulations, except for persons engaged in animal prescription drug dispensing authorized in Title 37, chapter 18.

(2) "Manufacturer" means:

(a) a person approved by application to the FDA to manufacture a product as defined in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., or a biologic pursuant to 42 U.S.C. 262;

(b) a person who manufactures a product as defined in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., or a biologic pursuant to 42 U.S.C. 262 that is not the subject of an approved application or license by the FDA;

(c) a colicensed partner of a person described in subsection (2)(a) or (2)(b) that obtains the product directly from a person described in subsection (2)(a), (2)(b), or (2)(d); or

(d) an affiliate of a person described in subsection (2)(a), (2)(b), or (2)(c) that receives the product directly from a person described in subsection (2)(a), (2)(b), or (2)(c).

(3) "Prescription drug" has the same meaning as provided in 37-7-101 .

(4) "Repackager" means a person who owns or operates an establishment that repacks and relabels a product or a package in accordance with the requirements of the FDA for:

(a) further sale; or

(b) distribution without a further transaction.

(5) "Third-party logistics provider" or "3PL" means an entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product but does not take ownership of the product or have responsibility to direct the sale or disposition of the product.

(6) "Transaction" has the same meaning as provided in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq.

(7) (a) "Wholesale distribution" means distribution of prescription drugs or devices to persons other than a consumer or patient, including the distribution of prescription drugs or devices to persons or entities authorized to purchase, administer, or dispense prescription drugs or devices.

(b) The term does not include the exclusions listed in section 353(e)(4) of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq.

(8) "Wholesale distributor" means a person or entity, other than a manufacturer, a manufacturer's colicensed partner, a third-party logistics provider, or a repackager, who is engaged in wholesale distribution of prescription drugs or devices, including entities registered with the FDA.
Mont. Code Ann. § 37-3-205 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-205
37-3-205 Records
Status: in_force

37-3-205 . Records. The department shall keep a record of the board's proceedings and also records of applicants for licenses and a register of licenses. The register is prima facie evidence of the matters contained in it.
Mont. Code Ann. § 37-17-319 — MT Code / Title 37 / Chapter 17 / Part 3 / Section 37-17-319
37-17-319 Licensure by experience
Status: in_force

37-17-319 . Licensure by experience. The board shall license a person as a psychologist if the person pays the prescribed fees and submits evidence that the person:

(1) is 18 years of age or older;

(2) is of good moral character;

(3) has a doctoral degree described in 37-17-302 ;

(4) is licensed or certified as a psychologist in another jurisdiction that has a disciplinary process as part of its regulatory structure;

(5) has actively practiced psychology under a license or certification as described in subsection (4) for 5 of the 7 years immediately preceding application in the state;

(6) is not subject to pending criminal or administrative charges related to unprofessional conduct or impairment; and

(7) has not been administratively disciplined for unprofessional conduct or impairment in any jurisdiction within the 7 years immediately preceding application in the state.
Mont. Code Ann. § 37-3-804 — MT Code / Title 37 / Chapter 3 / Part 8 / Section 37-3-804
37-3-804 Eligibility for participation
Status: in_force

37-3-804 . Eligibility for participation. A physician who is properly licensed and in good standing in Montana may participate in the health corps provided for in this part on:

(1) payment of a fee established by the board by rule; and

(2) providing a listing of clinical services offered by the applicant and the location where the services are offered if the services are rendered outside of a person's home.
Mont. Code Ann. § 37-1-138 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-138
37-1-138 Protection of professional licenses for activated military reservists -- rulemaking authority -- definitions
Status: in_force

37-1-138 . Protection of professional licenses for activated military reservists -- rulemaking authority -- definitions. (1) For purposes of this section, the following definitions apply:

(a) "Activated reservist" means a member of a reserve component who has received federal military orders to report for federal active duty for at least 90 consecutive days.

(b) "License" has the meaning provided in 37-1-302 .

(c) "Reserve component" means the Montana national guard or the military reserves of the United States armed forces.

(2) An activated reservist who holds an occupational or professional license may report the reservist's activation to the appropriate professional licensing board or to the department of labor and industry if the licensing requirements are administered by the department. The report must, at a minimum, include a copy of the reservist's orders to federal active duty. The report may request that the reservist's professional license revert to an inactive status.

(3) If an activated reservist has requested that the reservist's license revert to inactive status pursuant to subsection (2), then for the duration of the reservist's active duty service under the orders submitted, the department or licensing board may not:

(a) require the collection of professional licensing fees or continuing education fees from the activated reservist;

(b) require that the activated reservist take continuing education classes or file a report of continuing education classes completed; or

(c) revoke or suspend the activated reservist's professional license, require the license to be forfeited, or allow the license to lapse for failure to pay licensing fees or continuing education fees or for failure to take or report continuing education classes.

(4) (a) Upon release from federal active duty service, the reservist shall send a copy of the reservist's discharge documents to the appropriate professional licensing board or to the department.

(b) The board or department shall evaluate the discharge documents, consider the military position held by the reservist and the duties performed by the reservist during the active duty, and compare the position and duties to the licensing requirements for the profession. The board or department shall also consider the reservist's length of time on federal active duty.

(c) Based on the considerations pursuant to subsection (4)(b) and subject to subsection (5):

(i) the license must be fully restored;

(ii) conditions must be attached to the reservist's continued retention of the license; or

(iii) the license must be suspended or revoked.

(5) (a) A licensing board or the department may adopt rules concerning what conditions may be attached to a reservist's professional license pursuant to subsection (4)(c)(ii).

(b) If conditions are attached pursuant to subsection (4)(c)(ii) or the license is suspended or revoked pursuant to subsection (4)(c)(iii), the affected reservist may, within 90 days of the decision to take the action, request a hearing by writing a letter to the board or department. The board or department shall conduct a requested hearing within 30 days of receiving the written request.
Mont. Code Ann. § 37-7-1101 — MT Code / Title 37 / Chapter 7 / Part 11 / Section 37-7-1101
37-7-1101 Nonliability for peer review
Status: in_force

37-7-1101 . Nonliability for peer review. No member, employee, or volunteer intervenor of the Montana pharmaceutical association in its peer review program is liable in damages to any person for any action taken or recommendation made within the scope of the program if the member, employee, or volunteer acts in good faith in accordance with the rules of the association.
Mont. Code Ann. § 37-3-321 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-321
37-3-321 Refusal of license
Status: in_force

37-3-321 . Refusal of license. If the board determines that an applicant for a license to practice medicine does not possess the qualifications or character required by this chapter or that the applicant has committed unprofessional conduct, the board may deny the license.
Mont. Code Ann. § 37-61-401 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-401
37-61-401 Authority of attorney
Status: in_force

37-61-401 . Authority of attorney. (1) An attorney has authority to:

(a) bind the attorney's client in any steps of an action or proceeding by agreement filed with the clerk or entered upon the minutes of the court and not otherwise;

(b) receive money claimed by the attorney's client in an action or proceeding during the pendency of an action or proceeding or after judgment unless a revocation of authority is filed and, upon the payment of the money and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

(2) The death of a party to an action or proceeding does not revoke the authority of the party's attorney of record in the action or proceeding, but the authority of the attorney is continued in all respects the same and with like effect as it was prior to the death of the party until the attorney withdraws the attorney's appearance in the action or proceeding or some other attorney is substituted or the original attorney's authority is otherwise terminated and entry of the substitution or termination is made in the record of the action or proceeding.
Mont. Code Ann. § 37-29-403 — MT Code / Title 37 / Chapter 29 / Part 4 / Section 37-29-403
37-29-403 Procedure for making and fitting partial denture
Status: in_force

37-29-403 . Procedure for making and fitting partial denture. (1) Prior to making and fitting a partial denture, a denturist shall:

(a) formulate a study model of the intended denture;

(b) refer the patient to a dentist, together with the model for tooth cleaning, mouth preparation, and x-rays, as needed; and

(c) make the partial denture and fit it to the existing teeth after the dentist has completed the procedures listed in subsection (1)(b) and in accordance with the dentist's recommendations.

(2) A denturist may not cut, surgically remove, or surgically reduce any tissue or teeth in the process of fitting a partial denture.
Mont. Code Ann. § 37-72-101 — MT Code / Title 37 / Chapter 72 / Part 1 / Section 37-72-101
37-72-101 Construction blasting restrictions -- license required -- definitions -- exemptions
Status: in_force

37-72-101 . Construction blasting restrictions -- license required -- definitions -- exemptions. (1) A person may not engage in the practice of construction blasting unless licensed or under the supervision of a person licensed as a construction blaster by the department.

(2) For the purposes of this chapter:

(a) "construction blaster" means a person who engages in construction blasting;

(b) "construction blasting" means the use of explosives to:

(i) reduce, destroy, or weaken any residential, commercial, or other building; or

(ii) excavate any ditch, trench, cut, or hole or reduce, destroy, weaken, or cause a change in grade of any land formation in the construction of any building, highway, road, pipeline, sewerline, or electric or other utility line;

(c) "department" means the department of labor and industry;

(d) "explosive" has the meaning provided in 61-9-102 .

(3) This chapter does not apply to the private or commercial use of explosives by persons engaged in farming, ranching, logging, geophysical work, drilling or development of water, oil, or gas wells, or mining of any kind or to the private use of explosives in the removal of stumps and rocks from land owned by the person using the explosives, except that the persons exempted from this chapter by this subsection shall comply with rules adopted under 37-72-201 (1)(c) and the provisions of 37-1-109 apply to a violation of those rules by an exempted person.

(4) This chapter does not apply to persons conducting blasting operations when the persons and operations are subject to rules adopted under 82-4-231 (10)(e).
Mont. Code Ann. § 37-51-313 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-313
37-51-313 Duties, duration, and termination of relationship between broker or salesperson and buyer or seller
Status: in_force

37-51-313 . Duties, duration, and termination of relationship between broker or salesperson and buyer or seller. (1) The provisions of this chapter and the duties described in this section govern the relationships between brokers or salespersons and buyers or sellers and are intended to replace the duties of agents as provided elsewhere in state law and replace the common law as applied to these relationships. The terms "buyer agent", "dual agent", and "seller agent", as used in this chapter, are defined in 37-51-102 and are not related to the term "agent" as used elsewhere in state law. The duties of a broker or salesperson vary depending upon the relationship with a party to a real estate transaction and are as provided in this section.

(2) A seller agent is obligated to the seller to:

(a) act solely in the best interests of the seller, except that a seller agent, after written disclosure to the seller and with the seller's written consent, may represent multiple sellers of property or list properties for sale that may compete with the seller's property without breaching any obligation to the seller;

(b) obey promptly and efficiently all lawful instructions of the seller;

(c) disclose all relevant and material information that concerns the real estate transaction and that is known to the seller agent and not known or discoverable by the seller, unless the information is subject to confidentiality arising from a prior or existing agency relationship on the part of the seller agent with a buyer or another seller;

(d) safeguard the seller's confidences;

(e) exercise reasonable care, skill, and diligence in pursuing the seller's objectives and in complying with the terms established in the listing agreement;

(f) fully account to the seller for any funds or property of the seller that comes into the seller agent's possession; and

(g) comply with all applicable federal and state laws, rules, and regulations.

(3) A seller agent is obligated to the buyer to:

(a) disclose to a buyer or the buyer agent any adverse material facts that concern the property and that are known to the seller agent, except that the seller agent is not required to inspect the property or verify any statements made by the seller;

(b) disclose to a buyer or the buyer agent when the seller agent has no personal knowledge of the veracity of information regarding adverse material facts that concern the property;

(c) act in good faith with a buyer and a buyer agent; and

(d) comply with all applicable federal and state laws, rules, and regulations.

(4) A buyer agent is obligated to the buyer to:

(a) act solely in the best interests of the buyer, except that a buyer agent, after written disclosure to the buyer and with the buyer's written consent, may represent multiple buyers interested in buying the same property or properties similar to the property in which the buyer is interested or show properties in which the buyer is interested to other prospective buyers without breaching any obligation to the buyer;

(b) obey promptly and efficiently all lawful instructions of the buyer;

(c) disclose all relevant and material information that concerns the real estate transaction and that is known to the buyer agent and not known or discoverable by the buyer, unless the information is subject to confidentiality arising from a prior or existing agency relationship on the part of the buyer agent with another buyer or a seller;

(d) safeguard the buyer's confidences;

(e) exercise reasonable care, skill, and diligence in pursuing the buyer's objectives and in complying with the terms established in the buyer broker agreement;

(f) fully account to the buyer for any funds or property of the buyer that comes into the buyer agent's possession; and

(g) comply with all applicable federal and state laws, rules, and regulations.

(5) A buyer agent is obligated to the seller to:

(a) disclose any adverse material facts that are known to the buyer agent and that concern the ability of the buyer to perform on any purchase offer;

(b) disclose to the seller or the seller agent when the buyer agent has no personal knowledge of the veracity of information regarding adverse material facts that concern the ability of the buyer to perform on any purchase offer;

(c) act in good faith with a seller and a seller agent; and

(d) comply with all applicable federal and state laws, rules, and regulations.

(6) A statutory broker is not the agent of the buyer or seller but nevertheless is obligated to them to:

(a) disclose to:

(i) a buyer or a buyer agent any adverse material facts that concern the property and that are known to the statutory broker, except that the statutory broker is not required to inspect the property or verify any statements made by the seller;

(ii) a seller or a seller agent any adverse material facts that are known to the statutory broker and that concern the ability of the buyer to perform on any purchase offer;

(b) exercise reasonable care, skill, and diligence in putting together a real estate transaction; and

(c) comply with all applicable federal and state laws, rules, and regulations.

(7) A dual agent is obligated to a seller in the same manner as a seller agent and is obligated to a buyer in the same manner as a buyer agent under this section except that a dual agent has a duty to disclose to a buyer or seller any adverse material facts that are known to the dual agent, regardless of any confidentiality considerations.

(8) A dual agent may not disclose the following information without the written consent of the person to whom the information is confidential:

(a) the fact that the buyer is willing to pay more than the offered purchase price;

(b) the fact that the seller is willing to accept less than the purchase price that the seller is asking for the property;

(c) factors motivating either party to buy or sell; and

(d) any information that a party indicates in writing to the dual agent is to be kept confidential.

(9) While managing properties for owners, a licensed real estate broker or licensed real estate salesperson is only required to meet the requirements of 37-56-105 through 37-56-107 , other than those requirements for the licensing of property managers, and the rules adopted by the department to govern licensed property managers.

(10) A licensed broker or salesperson must obtain an appropriate written buyer broker agreement or written listing agreement prior to performing the acts of a buyer agent or a seller agent. A licensed broker or salesperson who is acting as a buyer agent or a seller agent without a written buyer broker agreement or written listing agreement is nevertheless obligated to comply with the requirements of this chapter.

(11) (a) The agency relationship of a buyer agent, seller agent, or dual agent continues until the earliest of the following dates:

(i) completion of performance by the agent;

(ii) the expiration date agreed to in the listing agreement or buyer broker agreement; or

(iii) the occurrence of any authorized termination of the listing agreement or buyer broker agreement.

(b) A statutory broker's relationship continues until the completion, termination, or abandonment of the real estate transaction giving rise to the relationship.

(12) Upon termination of an agency relationship, a broker or salesperson does not have any further duties to the principal, except as follows:

(a) to account for all money and property of the principal;

(b) to keep confidential all information received during the course of the agency relationship that was made confidential at the principal's direction, except for:

(i) subsequent conduct by the principal that authorizes disclosure;

(ii) disclosure of any adverse material facts that concern the principal's property or the ability of the principal to perform on any purchase offer;

(iii) disclosure required by law or to prevent the commission of a crime;

(iv) the information being disclosed by someone other than the broker or salesperson; and

(v) the disclosure of the information being reasonably necessary to defend the conduct of the broker or salesperson, including employees, independent contractors, and subagents.

(13) Consistent with the licensee's duties as a buyer agent, a seller agent, a dual agent, or a statutory broker, a licensee shall endeavor to ascertain all pertinent facts concerning each property in any transaction in which the licensee acts so that the licensee may fulfill the obligation to avoid error, exaggeration, misrepresentation, or concealment of pertinent facts.
Mont. Code Ann. § 37-1-403 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-403
37-1-403 Notice -- request for hearing -- method of communication and service -- fee
Status: in_force

37-1-403 . Notice -- request for hearing -- method of communication and service -- fee. (1) If the department determines that reasonable cause exists supporting the allegation made in a complaint and the provisions of 37-1-321 do not apply, the department legal staff shall prepare a notice and serve the alleged violator.

(2) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and must be received in the offices of the department within 21 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the department may enter a decision on the basis of the facts available to it.

(3) The department shall serve a notice or order:

(a) by electronic means, if consented to by the licensee or license applicant;

(b) by certified mail to the most recent address furnished to the agency by the licensee or license applicant; or

(c) by personal service pursuant to the Montana Rules of Civil Procedure, in which case the department may recover all associated fees and costs.
Mont. Code Ann. § 37-11-101 — MT Code / Title 37 / Chapter 11 / Part 1 / Section 37-11-101
37-11-101 Definitions
Status: in_force

37-11-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of physical, rehabilitative, and developmental health care professionals provided for in 2-15-1754 .

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(3) "Hearing" means the adjudicative proceeding concerning the issuance, denial, suspension, or revocation of a license, after which the appropriate action toward an applicant or licensee is to be determined by the board.

(4) "Physical therapist" or "physiotherapist" means a person who practices physical therapy.

(5) "Physical therapist assistant" or "assistant" means a person who:

(a) is a graduate of an accredited physical therapist assistant curriculum approved by the board;

(b) assists a physical therapist in the practice of physical therapy but who may not make evaluations or design treatment plans; and

(c) is supervised by a licensed physical therapist as described in 37-11-105 .

(6) "Physical therapist assistant student" means a person who is enrolled in an accredited physical therapist assistant curriculum and who as part of the clinical and educational training is practicing under the supervision of a licensed physical therapist as described in 37-11-105 .

(7) "Physical therapy" means the evaluation, treatment, and instruction of human beings, in person or through telehealth, to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain, injury, and any bodily or mental conditions by the use of therapeutic exercise, prescribed topical medications, and rehabilitative procedures for the purpose of preventing, correcting, or alleviating a physical or mental disability.

(8) "Physical therapy aide" or "aide" means a person who aids in the practice of physical therapy, whose activities require on-the-job training, and who is supervised by a licensed physical therapist or a licensed physical therapist assistant as described in 37-11-105 .

(9) "Physical therapy practitioner", "physical therapy specialist", "physiotherapy practitioner", or "manual therapists" are equivalent terms, and any derivation of the phrases or any letters implying the phrases are equivalent terms. Any reference to any one of the terms in this chapter includes the others but does not include certified corrective therapists or massage therapists.

(10) "Physical therapy student" or "physical therapy intern" means an individual who is enrolled in an accredited physical therapy curriculum, who, as part of the individual's professional, educational, and clinical training, is practicing in a physical therapy setting, and who is supervised by a licensed physical therapist as described in 37-11-105 .

(11) "Telehealth" has the meaning provided in 37-2-305 .

(12) "Topical medications" means medications applied locally to the skin and includes only medications listed in 37-11-106 (2) for which a prescription is required under state or federal law.
Mont. Code Ann. § 37-69-304 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-304
37-69-304 Qualifications of applicants for journeyman plumber's license -- restriction on authority
Status: in_force

37-69-304 . Qualifications of applicants for journeyman plumber's license -- restriction on authority. (1) The following requirements must be met by applicants for a journeyman plumber's license:

(a) a specific record of 5 years of legally obtained experience in the field of plumbing. This experience requirement may be fulfilled by:

(i) working 5 years in a major phase of the plumbing business, verified by time or pay records; or

(ii) completing an apprenticeship program meeting the standards set by the department or the United States department of labor, bureau of apprenticeship. Credit toward this experience requirement may be given for time spent attending an accredited trade or other school specializing in training of value in the field of plumbing and approved by the board.

(b) satisfactory completion of a written examination prescribed by the board and conducted by the department, subject to 37-1-101 (4), testing the applicant's knowledge of techniques and methods employed in the field of plumbing and, if required by the board, a practical demonstration establishing competence in the special skills required in the field of plumbing.

(2) A licensed journeyman plumber may perform work only in the employment of a licensed master plumber unless otherwise permitted by rule of the board. Performing work in the employment of a licensed master plumber means the licensed master plumber shall observe the journeyman plumber's work at different times over the course of employment and for different levels of plumbing work.
Mont. Code Ann. § 37-2-108 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-108
37-2-108 Terminated
Status: in_force

37-2-108 . Terminated. Sec. 8, Ch. 89, L. 2019.
Mont. Code Ann. § 37-15-402 — MT Code / Title 37 / Chapter 15 / Part 4 / Section 37-15-402
37-15-402 Criminal background check
Status: in_force

37-15-402 . Criminal background check. (1) As provided in 37-1-307 , the board shall require each applicant for licensure as a speech-language pathologist or audiologist to submit a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.

(2) The board may require licensees renewing their licenses to submit a full set of their fingerprints to the board for the purpose of obtaining a criminal record background check by the Montana department of justice and the federal bureau of investigation.
Mont. Code Ann. § 37-16-402 — MT Code / Title 37 / Chapter 16 / Part 4 / Section 37-16-402
37-16-402 Hearing aid dispenser license required -- qualifications -- fee
Status: in_force

37-16-402 . Hearing aid dispenser license required -- qualifications -- fee. (1) An applicant for a license shall pay a fee fixed by the department and shall show to the satisfaction of the department that the applicant:

(a) has a current license as an audiologist under Title 37, chapter 15; or

(b) (i) has a high school diploma or equivalent;

(ii) meets training requirements established by department rule; and

(iii) has passed an examination prescribed by department rule.

(2) An applicant who has not met the training and examination requirements in this section may apply for a trainee hearing aid dispenser license as prescribed in this chapter and department rule.
Mont. Code Ann. § 37-68-102 — MT Code / Title 37 / Chapter 68 / Part 1 / Section 37-68-102
37-68-102 Definitions
Status: in_force

37-68-102 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Board" means the state electrical board provided for in 2-15-1764 .

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(3) "Electrical construction" means work performed by an individual, firm, or corporation in which an electrical connection is made to a supply of electricity or in which electricity is supplied to any electric equipment installation for which a permit is required by the authority having jurisdiction.

(4) (a) "Electrical contractor" means a person, firm, partnership, corporation, association, or combination of these entities that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power.

(b) The term does not include a person, firm, partnership, corporation, association, or combination of these entities that only plans or designs electrical installations.

(5) "Grid-tied generator" means a generator or a group of generators located on a utility customer's property or residence and designed to operate in parallel with a utility distribution facility.

(6) "Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes under the rules governing this work.

(7) "Journeyman level experience" means being recognized as a journeyman electrician by a state or other legally authorized jurisdiction or having a minimum of 8,000 hours of practical experience.

(8) "Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, power, and other purposes under the rules governing this work.

(9) "Practical experience" means experience gained in the electrical construction industry consisting of layout, assembly, repairs, wiring, and connection and testing of electrical fixtures, apparatus, and control equipment in residential and nonresidential settings pursuant to the provisions of the national electrical code or pursuant to the requirements of another authority having jurisdiction.

(10) "Public utility" has the meaning provided in 69-3-101 .

(11) "Residential electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes in residential construction consisting of fewer than five living units in a single structure under the rules governing this work.

(12) "Utility distribution facility" means a facility by and through which electricity is received from a transmission services provider and distributed to a customer that is controlled or operated by a public utility, municipally owned utility, or cooperative utility that provides electricity for sale to consumers.
Mont. Code Ann. § 37-19-823 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-823
37-19-823 Records required
Status: in_force

37-19-823 . Records required. (1) A cemetery company shall make and keep accounts and records confirming that the cemetery company has made the required contributions to its perpetual care and maintenance fund. The burden is on the cemetery company to maintain the accounts and records.

(2) All sales contracts and deeds, unless otherwise authorized by the board, issued by a cemetery company must be numbered prior to their execution by the cemetery company and must contain those items the board prescribes by rule.

(3) A mortuary, branch establishment, or crematory shall make and keep accounts and records confirming that the money paid pursuant to a contract for a prearranged funeral or related service has been put in trust for the purposes for which the money was paid.
Mont. Code Ann. § 37-47-307 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-307
37-47-307 Investigation of applicant -- issuance or denial of license
Status: in_force

37-47-307 . Investigation of applicant -- issuance or denial of license. (1) The department shall investigate each applicant for an outfitter's or guide's license. The board shall determine the applicant's qualifications.

(2) The board may deny or refuse to issue any new license or to renew any previous license if the applicant does not meet the qualifications stated in this chapter or rules adopted pursuant to this chapter. In the event that any application for a license is denied or refused, the board shall immediately notify the applicant, setting forth in the notice the grounds upon which the denial or refusal is based.

(3) A licensee in good standing is entitled to a new license for the ensuing license year upon complying with the provisions of this chapter or rules adopted pursuant to this chapter and upon completing an application for license renewal on a form provided by the board.

(4) This section may not be interpreted to conflict with 37-1-138 .
Mont. Code Ann. § 37-7-301 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-301
37-7-301 Unlawful practice
Status: in_force

37-7-301 . Unlawful practice. It is unlawful for a person to:

(1) engage in the practice of pharmacy unless licensed by the board; or

(2) assist in the practice of pharmacy unless registered by the board as a pharmacy technician.
Mont. Code Ann. § 37-7-201 — MT Code / Title 37 / Chapter 7 / Part 2 / Section 37-7-201
37-7-201 Powers and duties -- rulemaking authority
Status: in_force

37-7-201 . Powers and duties -- rulemaking authority. (1) The board shall establish minimum standards for:

(a) necessary pharmacy equipment;

(b) the purity and quality of drugs, devices, and other materials dispensed within the state through the practice of pharmacy, using an official compendium recognized by the board or current practical standards;

(c) facilities, including outsourcing facilities, and the environment, supplies, technical equipment, personnel, and procedures for the storage, compounding, distribution, or dispensing of drugs and devices;

(d) monitoring drug therapy; and

(e) maintaining the integrity and confidentiality of prescription information and other confidential patient information.

(2) The department shall inspect, at reasonable times:

(a) places where drugs, medicines, chemicals, or poisons are sold, vended, given away, compounded, dispensed, distributed, or manufactured; and

(b) the appropriate records and the license of any person engaged in the practice of pharmacy to determine compliance with laws governing the legal dispensing, distribution, or manufacture of drugs or devices or the practice of pharmacy.

(3) The department and the board shall cooperate with all agencies charged with the enforcement of the laws of the United States, other states, or this state relating to drugs, devices, and the practice of pharmacy.

(4) The board shall adopt rules concerning:

(a) the training, qualifications, employment, licensure, and practice of pharmacists and interns;

(b) the training, qualifications, employment, and licensure of pharmacy technicians;

(c) under therapeutic classification, the dispensing, distribution, sale, and labeling of drugs, devices, medicines, chemicals, and poisons;

(d) examining applicants and issuing and renewing licenses of:

(i) applicants whom the board considers qualified under this chapter to practice pharmacy;

(ii) pharmacies and certain stores under this chapter;

(iii) wholesale distributors;

(iv) third-party logistics providers as defined in 37-7-602 ;

(v) persons engaged in the manufacturing, dispensing, or distribution of drugs or devices regarding the practice of pharmacy and authorized under Title 37, chapter 2, Title 50, chapter 31, part 3, Title 50, chapter 32, and this chapter; and

(vi) persons engaged in the dispensing of animal prescription drugs as authorized in Title 37, chapter 18;

(e) in concurrence with the board of medical examiners, defining the additional education, experience, or certification required of a licensed pharmacist to become a certified clinical pharmacist practitioner;

(f) establishing and collecting license and registration fees;

(g) establishing a medical assistance program to assist and rehabilitate licensees who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness. The board shall ensure that a licensee who is required or volunteers to participate in the medical assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a qualified treatment program outside the state unless the board finds that there is no qualified treatment program in this state.

(h) requirements and procedures necessary to allow a pharmacy licensed in another jurisdiction to be registered to practice pharmacy by means of telehealth across state lines.

(5) The board may:

(a) establish standards of care for patients concerning health care services that a patient may expect with regard to pharmaceutical care; and

(b) approve pharmacy practice initiatives that improve the quality of or access to pharmaceutical care, but that fall outside the scope of this chapter. This subsection (5)(b) may not be construed to expand on the definition of the practice of pharmacy.
Mont. Code Ann. § 37-27-105 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-105
37-27-105 General powers and duties of board -- rulemaking authority
Status: in_force

37-27-105 . General powers and duties of board -- rulemaking authority. (1) The board shall:

(a) meet at least once annually, and at other times as agreed on, to elect officers and to perform the duties described in Title 37, chapter 1, and this section; and

(b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.

(2) The board has the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.

(3) The board shall adopt rules to administer this chapter. The rules may include but are not limited to:

(a) the establishment of criteria for minimum educational and clinical requirements that, at a minimum, meet the standards established in 37-27-201 ;

(b) the development of eligibility criteria for client screening by direct-entry midwives to achieve the goal of providing midwifery services to women during low-risk pregnancies;

(c) the establishment of the circumstances that constitute a low risk of adverse birth outcomes for planned home births attended by direct-entry midwives;

(d) the development of standardized informed consent and reporting forms;

(e) the adoption of ethical standards for licensed direct-entry midwives; and

(f) the adoption of supporting documentation requirements for primary birth attendants.
Mont. Code Ann. § 37-1-331 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-331
37-1-331 Correctional health care review team
Status: in_force

37-1-331 . Correctional health care review team. (1) There is a correctional health care review team process in the department. The purpose of a review team is to review complaints filed by an inmate against a licensed or certified provider of health care or rehabilitative services for services that were provided to the person while the person was detained or confined in a county detention center or incarcerated under legal custody of the department of corrections. The inmate may file a complaint directly with the correctional health care review team for review or, if a board receives a complaint that has not been reviewed, the board shall forward the complaint to the review team. If the review team has reason to believe that there has been a violation of this part arising out of health care or rehabilitative services provided to a person detained or confined in a county detention center, the review team shall report the possible violation to the department for appropriate action under 37-1-308 .

(2) Each health care licensing board shall solicit and submit to the department a list of licensed or certified health care or rehabilitative service professionals who have correctional health care experience and who are interested in participating on a team. A current board member may not participate on a review team. The department shall solicit from the administrators of the county detention centers and from the department of corrections names of licensed or certified health care or rehabilitative service providers who have correctional health care or rehabilitative services experience and are interested in participating on a review team. Each member of a review team must have at least 2 years of experience in providing health care or rehabilitative services in a correctional facility or program.

(3) Each correctional health care review team is composed of three members who shall represent health care and rehabilitative service providers who have provided health care or rehabilitative services to incarcerated persons. Two members of the review team must be providers of the same discipline and scope of practice as the provider against whom a complaint was filed, and the third member may be a provider of any other health care or rehabilitative services discipline. The members must be willing to serve without compensation. If available, a correctional health care professional employed by the department of corrections and appointed by the director of the department of corrections may participate on the review team, except when the provider against whom the complaint was filed was employed by the department of corrections.

(4) The members of a review team are appointed by the department from the listing of health care and rehabilitative service providers with correctional experience who have been submitted by each respective board, a county detention center administrator, or the department of corrections as provided in subsection (2). A review team shall meet at least twice a year. Any travel, lodging, meal, or miscellaneous costs incurred by a review team may be recovered through a memorandum of understanding with the agencies who provide medical services to inmates or may be assessed to the licensing or certifying boards of health care and rehabilitative service providers.

(5) The review team shall review each complaint with regard to the health care or rehabilitative services provider's scope of practice. A decision on whether or not to forward the complaint must be made by the majority of the review team. The review team shall submit a written response regarding the decision to the inmate, the county detention center administrator or the department of corrections, and the health care or rehabilitative services provider. If the decision is to not forward the complaint for action under 37-1-308 , a record of the complaint may not be forwarded to any licensing or certifying board, but must be retained by the department.
Mont. Code Ann. § 37-61-418 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-418
37-61-418 Attorney may see prisoner
Status: in_force

37-61-418 . Attorney may see prisoner. All public officers, sheriffs, coroners, jailers, constables, or other officers or persons having in custody any person committed, imprisoned, or restrained of the person's liberty for any alleged cause shall admit any practicing attorney in this state whom the person restrained of liberty may desire to see or consult, to see and consult the imprisoned person, alone and in private, at the jail or other place of custody. Any officer violating this provision shall forfeit and pay $100 to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.
Mont. Code Ann. § 37-54-301 — MT Code / Title 37 / Chapter 54 / Part 3 / Section 37-54-301
37-54-301 Certification -- use of term -- standards of practice
Status: in_force

37-54-301 . Certification -- use of term -- standards of practice. (1) A person may not represent to the public that the person is a certified real estate appraiser unless the person is certified under this chapter.

(2) Only a certified real estate appraiser may prepare and sign a certified appraisal report relating to real estate or real property in this state. If an appraisal report is prepared, signed, and certified by a certified real estate appraiser, a person licensed under this chapter who assisted in the preparation of the appraisal may cosign the appraisal report.

(3) The term "certified real estate appraiser" may not be used to describe a firm, partnership, corporation, group, or anyone other than an individual certificate holder. However, a certified real estate appraiser may develop and communicate an appraisal on behalf of a firm, partnership, corporation, or group.

(4) Whenever an appraisal or appraiser report is identified by the certified real estate appraiser as "certified", the appraiser shall indicate in writing the class of certification the appraiser holds.
Mont. Code Ann. § 37-7-505 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-505
37-7-505 Product selection permitted -- limitation -- notice to purchaser
Status: in_force

37-7-505 . Product selection permitted -- limitation -- notice to purchaser. (1) Except as limited by subsection (2) and unless instructed otherwise by the purchaser:

(a) a pharmacist who receives a prescription for a specific drug product by brand or proprietary name may select a less expensive drug product with the same generic name, strength, quantity, dose, and dosage form as the prescribed drug that is, in the pharmacist's professional opinion, therapeutically equivalent, bioequivalent, and bioavailable; and

(b) a pharmacist who receives a prescription for a specific biological product may select a less expensive interchangeable biological product.

(2) If, in the professional opinion of the prescriber, it is medically necessary that an equivalent drug product or interchangeable biological product not be selected, the prescriber may so indicate by certifying that the specific brand-name drug product prescribed or the specific brand-name biological product prescribed is medically necessary for that particular patient. In the case of a prescription transmitted orally, the prescriber must expressly indicate to the pharmacist that the specific brand-name drug product prescribed or the specific biological product prescribed is medically necessary.

(3) A pharmacist who selects a drug product, as provided in this section, shall notify the person presenting the prescription that the person may refuse the product selection.
Mont. Code Ann. § 37-43-201 — MT Code / Title 37 / Chapter 43 / Part 2 / Section 37-43-201
37-43-201 Organization -- seal -- compensation of members
Status: in_force

37-43-201 . Organization -- seal -- compensation of members. (1) The board shall annually elect a presiding officer and vice presiding officer.

(2) The board must have a seal with the words "Board of Water Well Contractors" engraved on the seal, and the seal must be affixed to all writs, authentication of records, and other official proceedings of the board. The courts of this state shall take judicial notice of the seal.

(3) Each appointed member of the board who is not a government employee must receive as compensation for the member's services an amount as provided in 2-15-122 for each day actually engaged in the performance of the duties of the office, including time of travel between the member's home and the places at which the member performs duties, together with mileage and per diem expenses as provided for in 2-18-501 through 2-18-503 . The members who are employees of the state of Montana may not receive extra compensation for their services as members of the board.
Mont. Code Ann. § 37-19-315 — MT Code / Title 37 / Chapter 19 / Part 3 / Section 37-19-315
37-19-315 Funeral costs -- rules on disclosure
Status: in_force

37-19-315 . Funeral costs -- rules on disclosure. The board shall adopt rules requiring mortuaries to disclose in writing to all customers a complete itemized list of all funeral costs and complete information regarding the need for embalming.
Mont. Code Ann. § 37-34-301 — MT Code / Title 37 / Chapter 34 / Part 3 / Section 37-34-301
37-34-301 License required
Status: in_force

37-34-301 . License required. A person may not engage in the practice of clinical laboratory science or hold out to the public that the person is a clinical laboratory science practitioner in this state unless the person is licensed pursuant to this chapter.
Mont. Code Ann. § 37-50-202 — MT Code / Title 37 / Chapter 50 / Part 2 / Section 37-50-202
37-50-202 Compensation of members -- expenses
Status: in_force

37-50-202 . Compensation of members -- expenses. Each member of the board is entitled to receive compensation and travel expenses as provided for in 37-1-133 .