Mont. Code Ann. § 37-11-301 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-301
37-11-301 License required for physical therapist and physical therapist assistant -- unauthorized representation as licensed therapist
Status: in_force

37-11-301 . License required for physical therapist and physical therapist assistant -- unauthorized representation as licensed therapist. (1) A person may not practice or purport to practice physical therapy without first obtaining a license under the provisions of this chapter.

(2) A person who is not licensed under this chapter as a physical therapist or physical therapist assistant, whose license has been suspended or revoked, or whose license has lapsed and has not been revived may not use the words or letters "L.P.T.", "Licensed Physical Therapist", "P.T.", "Physical Therapist", "R.P.T.", "Registered Physical Therapist", "D.P.T.", "Doctor of Physical Therapy", "P.T.A.", "Physical Therapist Assistant", "L.P.T.A.", "Licensed Physical Therapist Assistant", "R.P.T.A.", "Registered Physical Therapist Assistant", or any other letters, words, or insignia, orally or in writing or in print or by sign, directly or by implication, indicating or implying that the person is a licensed physical therapist or physical therapist assistant.

(3) A person who is not licensed as a physical therapist assistant in accordance with this chapter may not assist a physical therapist in the practice of physical therapy.
Mont. Code Ann. § 37-18-807 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-807
37-18-807 Penalties for violations
Status: in_force

37-18-807 . Penalties for violations. A person, partnership, association, corporation, or limited liability company violating the provisions of this part is guilty of a misdemeanor. On conviction for any violation of this part, the board may revoke a permit or registration issued pursuant to this part or issue other disciplinary action pursuant to 37-1-136 .
Mont. Code Ann. § 37-61-215 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-215
37-61-215 Allowance of attorney fees to unlicensed persons forbidden -- authorized paralegal fees
Status: in_force

37-61-215 . Allowance of attorney fees to unlicensed persons forbidden -- authorized paralegal fees. (1) It is unlawful for any court within this state to allow attorney fees in any action or proceeding before the court in which attorney fees are allowed by law to either party to an action or proceeding when the party is represented by anyone other than a duly admitted or licensed attorney at law.

(2) This section does not prevent the award of paralegal fees as a component of attorney fees as provided in 25-10-304 .
Mont. Code Ann. § 37-66-101 — MT Code / Title 37 / Chapter 66 / Part 1 / Section 37-66-101
37-66-101 Short title
Status: in_force

37-66-101 . Short title. This chapter shall be known and cited as the "Landscape Architecture Registration and Licensing Act".
Mont. Code Ann. § 37-73-203 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-203
37-73-203 Elevator mechanic's license -- limited mechanic's license
Status: in_force

37-73-203 . Elevator mechanic's license -- limited mechanic's license. (1) A person intending to work as an elevator mechanic shall file a license application with the department on forms furnished by the department.

(2) Except as provided in subsection (3), an applicant shall furnish proof, under oath, that the person:

(a) has successfully completed a state-approved apprenticeship or other education program that meets requirements established by the department by rule; or

(b) has at least 3 years of experience, verified by current and previous employers, working with equipment subject to the provisions of Title 50, chapter 60, part 7, and has passed the examination provided for in 37-73-204 .

(3) The department shall adopt rules for the licensure, without examination, of an applicant who can demonstrate that the applicant has worked continuously as an elevator mechanic for the 3 years prior to October 1, 2005, and has the requisite experience for licensure. An applicant under this section shall pay the required application fee and shall submit any required proof under oath.

(4) The department shall issue an elevator mechanic's license to an applicant that meets the requirements of this section.

(5) (a) The department may issue a limited mechanic's license to an applicant that authorizes a licensee to work only on platform lifts, stairway chairlifts, and dumbwaiters that are installed in private residences.

(b) The examination for a limited mechanic's license must be based on the applicable codes for the equipment that a licensee is authorized to install.

(c) The department shall issue a limited mechanic's license to an applicant that meets the requirements of this subsection (5).

(6) An elevator inspector who is not certified may conduct inspections under the supervision of certified personnel for up to 6 months under a provisional license in accordance with 37-1-144 .
Mont. Code Ann. § 37-8-426 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-426
37-8-426 Medication aide II -- implementation
Status: in_force

37-8-426 . Medication aide II -- implementation. The board shall establish rules implementing the provisions of 37-8-102 and 37-8-422 through 37-8-426 and providing for the establishment of requirements for license renewal, including but not limited to continuing education, continued certification as a certified nursing assistant and medication aide II, and mandatory cardiopulmonary resuscitation certification.
Mont. Code Ann. § 37-31-102 — MT Code / Title 37 / Chapter 31 / Part 1 / Section 37-31-102
37-31-102 Exemptions
Status: in_force

37-31-102 . Exemptions. The provisions of this chapter do not prohibit:

(1) service in case of emergency or domestic administration without compensation;

(2) services by persons authorized under the laws of this state to practice dentistry, the healing arts, or mortuary science;

(3) barbering, cosmetology, or esthetics services, including the application of masks, makeup, or other theatrical devices, in the course of or incidental to a theatrical or other visual arts production, including television or motion pictures, by persons employed or under contract to provide these services;

(4) barbering services performed at a correctional facility listed in 53-30-101 that is operated by or under contract with the department of corrections or a detention center as defined in 7-32-2241 ; or

(5) services by an individual who engages only in natural hair braiding.
Mont. Code Ann. § 37-36-101 — MT Code / Title 37 / Chapter 36 / Part 1 / Section 37-36-101
37-36-101 Definitions
Status: in_force

37-36-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Athlete" means a person who participates in an athletic activity that involves exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina and the exercises, sports, or games are of the type conducted in association with an educational institution or a professional, amateur, or recreational sports club or organization.

(2) "Athletic injury" means a physical injury received by an athlete.

(3) "Athletic trainer" means an individual who is licensed to practice athletic training.

(4) "Athletic training" means the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries. The term includes the following:

(a) the use of heat, light, sound, cold, electricity, exercise, reconditioning, or mechanical devices related to the care and conditioning of athletes; and

(b) the education and counseling of the public on matters related to athletic training.

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

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

(7) "Licensee" means an individual licensed under this chapter.
Mont. Code Ann. § 37-18-802 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-802
37-18-802 Exemptions
Status: in_force

37-18-802 . Exemptions. The provisions of this part do not apply to:

(1) a veterinarian, a veterinary technician, or a veterinarian's practice; or

(2) a pharmacist, a pharmacy technician, or a pharmacy.
Mont. Code Ann. § 37-19-201 — MT Code / Title 37 / Chapter 19 / Part 2 / Section 37-19-201
37-19-201 Organization -- compensation and expenses of members
Status: in_force

37-19-201 . Organization -- compensation and expenses of members. The board shall elect a presiding officer, secretary-treasurer, and other necessary officers. Board members are entitled to receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-3-308 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-308
37-3-308 Application fee -- further tax forbidden
Status: in_force

37-3-308 . Application fee -- further tax forbidden. (1) Each applicant shall pay an initial application fee as prescribed by the board.

(2) A license tax may not be imposed upon physicians by a municipality or any other subdivision of the state.
Mont. Code Ann. § 37-72-301 — MT Code / Title 37 / Chapter 72 / Part 3 / Section 37-72-301
37-72-301 General qualifications
Status: in_force

37-72-301 . General qualifications. A person making initial application to the department for a license as a construction blaster shall:

(1) pay an application fee to the department; and

(2) furnish proof under oath, on a form provided by the department, that the person:

(a) is at least 18 years of age;

(b) is of good moral character;

(c) has not been convicted of a felony or misdemeanor involving the use of explosives;

(d) is not addicted to narcotic drugs or intemperate in the use of alcohol; and

(e) has satisfied the requirements for training and experience in construction blasting established by 37-72-302 and the rules of the department.
Mont. Code Ann. § 37-10-302 — MT Code / Title 37 / Chapter 10 / Part 3 / Section 37-10-302
37-10-302 Qualifications -- application
Status: in_force

37-10-302 . Qualifications -- application. (1) The board shall adopt rules relative to and governing the qualifications of applicants for licensure as optometrists and the qualifications for certification of licensed optometrists to perform laser surgical procedures.

(2) A person is not eligible to receive a license unless that person is of good moral character.

(3) A person is not eligible to receive a license unless that person has graduated from an accredited school of optometry in which the practice and science of optometry is taught in a course of study that is accredited by the association of regulatory boards of optometry.

(4) An applicant for a license shall file a completed application on a form provided by the department and pay a fee prescribed by the board.

(5) The board shall certify an optometrist to perform laser surgical procedures on verification that the optometrist has successfully completed the required didactic and clinical training from an accredited optometry school or college. The training must cover the use of lasers for medically recognized and appropriate treatment of the human eye. On certification, the board shall issue a license indicating that the optometrist is certified to perform laser surgery pursuant to this section.
Mont. Code Ann. § 37-20-103 — MT Code / Title 37 / Chapter 20 / Part 1 / Section 37-20-103
37-20-103 Limitations on authority conferred -- exception
Status: in_force

37-20-103 . Limitations on authority conferred -- exception. Except as provided in 37-10-102 , nothing in this chapter may be construed to authorize a physician assistant to perform those functions and duties specifically delegated by law to persons licensed as optometrists, as defined under Title 37, chapter 10. A physician assistant may perform an abortion.
Mont. Code Ann. § 37-1-148 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-148
37-1-148 Apprenticeships -- licensure
Status: in_force

37-1-148 . Apprenticeships -- licensure. (1) A board or program shall grant a license listed in subsection (3) of this section to a person who completes an apprenticeship program under Title 39, chapter 6, in the relevant occupation or profession.

(2) An applicant for licensure through an apprenticeship program shall meet the same exam and fee requirements as an applicant who completes an educational program prior to licensure.

(3) The following licenses are subject to the provisions of this section:

(a) for the board of allied health care professionals:

(i) radiologic technologist, Title 37, chapter 14; and

(ii) clinical laboratory technician, Title 37, chapter 34;

(b) for the board of barbers and cosmetologists, Title 37, chapter 31:

(i) barbering;

(ii) barbering nonchemical;

(iii) cosmetology;

(iv) electrology;

(v) esthetics; and

(vi) manicuring;

(c) for the board of behavioral health, Title 37, chapter 39:

(i) addiction counseling; and

(ii) peer support specialist;

(d) for the board of funeral service, Title 37, chapter 19, mortician;

(e) for the board of massage therapy, Title 37, chapter 33, massage therapist;

(f) for the board of medical examiners, Title 37, chapter 3, emergency medical technician;

(g) for the board of nursing, Title 37, chapter 8:

(i) licensed practical nurse;

(ii) medication aide II; and

(iii) registered nurse;

(h) for the board of pharmacy, Title 37, chapter 7, pharmacy technician;

(i) for the board of physical, rehabilitative, and developmental health care professionals, Title 37, chapter 11, physical therapy assistant;

(j) for the board of plumbers, Title 37, chapter 69, journeyman plumber;

(k) for the board of veterinary medicine, Title 37, chapter 18, veterinary technician;

(l) for the department of labor and industry, Title 50, chapter 74:

(i) agricultural class engineer;

(ii) limited low-pressure engineer;

(iii) low-pressure engineer; and

(iv) third-class engineer;

(m) for the department of labor and industry, Title 37, chapter 72, construction blaster;

(n) for the department of labor and industry, Title 50, chapter 76, licensed first-class crane and hoist engineer;

(o) for the department of labor and industry, Title 37, chapter 73:

(i) elevator contractor;

(ii) elevator inspector; and

(iii) elevator mechanic;

(p) for the department of labor and industry, Title 37, chapter 16, hearing aid dispenser; and

(q) for the state electrical board, Title 37, chapter 68, journeyman electrician.

(4) Each board or program shall adopt rules for the implementation of this section.
Mont. Code Ann. § 37-16-301 — MT Code / Title 37 / Chapter 16 / Part 3 / Section 37-16-301
37-16-301 Permanent place of business in state necessary -- records -- designation of licensee in charge
Status: in_force

37-16-301 . Permanent place of business in state necessary -- records -- designation of licensee in charge. (1) A licensed hearing aid dispenser must have a permanent place of business in this state.

(2) Each permanent place of business shall designate one licensed hearing aid dispenser who is not a trainee as the person in charge.

(3) The licensed hearing aid dispenser in charge of a permanent place of business shall:

(a) maintain custody and control of the business records of that permanent place of business; and

(b) produce the business records as requested by the department.
Mont. Code Ann. § 37-7-1505 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1505
37-7-1505 Confidentiality
Status: in_force

37-7-1505 . Confidentiality. Patient information that is collected, recorded, transmitted, and stored for the registry is protected and may not be disclosed except as allowed in 37-7-1506 . The board shall adopt rules to protect the confidentiality of the registry and to ensure that only authorized individuals have access to the registry.
Mont. Code Ann. § 37-10-105 — MT Code / Title 37 / Chapter 10 / Part 1 / Section 37-10-105
37-10-105 Purpose
Status: in_force

37-10-105 . Purpose. The legislature finds that the practice of the profession of optometry is a privilege and is not a natural right of individuals. The legislature considers it necessary, in the interests of protecting the public health, safety, and welfare and in order to provide for the optometric needs of the public, to provide laws and delegate rulemaking authority regarding the granting of licenses and their subsequent use so that the public is protected from the unprofessional, improper, unauthorized, and unqualified practice of optometry.
Mont. Code Ann. § 37-54-112 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-112
37-54-112 Deposit of fees
Status: in_force

37-54-112 . Deposit of fees. Except as provided in 37-54-105 (12), fees collected by the board under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6), and may be used to pay the compensation of board members and other expenses necessary to administer this chapter.
Mont. Code Ann. § 37-33-501 — MT Code / Title 37 / Chapter 33 / Part 5 / Section 37-33-501
37-33-501 License required -- title protection
Status: in_force

37-33-501 . License required -- title protection. (1) A person may not practice or purport to practice massage therapy without first obtaining a license under the provisions of 37-33-502 .

(2) A person who is not licensed as a massage therapist, whose license has been suspended or revoked, or whose license has lapsed and has not been revived may not use the words or letters "massage therapist", "licensed massage therapist", "L.M.T.", "masseur", or "masseuse" or any other letters, words, or insignia indicating or implying that the person is a licensed massage therapist or in any way, orally, in writing, or in print or by sign, directly or by implication, purport to be a massage therapist.
Mont. Code Ann. § 37-19-403 — MT Code / Title 37 / Chapter 19 / Part 4 / Section 37-19-403
37-19-403 Power of board to set facility standards -- inspection -- fees
Status: in_force

37-19-403 . Power of board to set facility standards -- inspection -- fees. (1) The board may adopt rules prescribing reasonable standards for operating mortuaries, including minimum requirements for drainage, ventilation, and instruments. The board may inspect the premises of a mortuary establishment to determine if rules are complied with. Inspections are at the discretion of the board and may be without notice. An initial inspection is mandatory.

(2) The board may charge the operator an inspection fee, including an initial inspection fee, to be set at the discretion of the board. Fees must be commensurate with costs.
Mont. Code Ann. § 37-11-312 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-312
37-11-312 Criminal record background check
Status: in_force

37-11-312 . Criminal record background check. (1) As provided in 37-1-307 , the board shall require each applicant for licensure as a physical therapist or physical therapist assistant to submit 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.

(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. § 37-3-357 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-357
37-3-357 Designation of appointing authority
Status: in_force

37-3-357 . Designation of appointing authority. The governor shall appoint members of the board of medical examiners or the board's executive officer to serve as commissioners on the interstate medical licensure compact commission provided for in 37-3-356 .
Mont. Code Ann. § 37-61-212 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-212
37-61-212 Collection of delinquent license tax
Status: in_force

37-61-212 . Collection of delinquent license tax. If any practicing attorney or counselor at law shall fail, neglect, or refuse to pay to the clerk of the supreme court the license tax imposed by this chapter for a period of 30 days after the same is due and payable, it shall be the duty of the clerk of the supreme court to take such action for the collection of the same as is required of the county treasurer in cases of nonpayment of other licenses, as provided by 7-21-2116 , and the provisions of 7-21-2115 through 7-21-2117 shall control in said proceedings so far as the same are applicable thereto.
Mont. Code Ann. § 37-7-1513 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1513
37-7-1513 Unlawful acts -- unprofessional conduct -- civil penalties
Status: in_force

37-7-1513 . Unlawful acts -- unprofessional conduct -- civil penalties. (1) A pharmacist who fails to submit prescription drug order information to the board as required by 37-7-1503 or who willfully submits incorrect prescription drug order information commits unprofessional conduct.

(2) A person or entity authorized to possess registry information pursuant to 37-7-1504 through 37-7-1506 who willfully discloses or uses the registry information in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part commits unprofessional conduct.

(3) In addition to actions based on unprofessional conduct described in subsection (2), a person or entity who willfully discloses or uses information from the registry in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part is liable for a civil penalty of up to $10,000 for each violation.

(4) In addition to the provisions of 37-1-109 , the board may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general shall petition the district court to impose, assess, and recover the civil penalty.

(5) An action under subsection (3) or to enforce this part or a rule adopted under this part may be brought in the district court of any county where a violation occurs.

(6) Civil penalties collected pursuant to this part must be deposited into the state special revenue account created pursuant to 37-7-1511 and must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties in relation to this part.
Mont. Code Ann. § 37-19-702 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-702
37-19-702 Licenses required -- display of licenses -- renewal -- penalty for late renewal
Status: in_force

37-19-702 . Licenses required -- display of licenses -- renewal -- penalty for late renewal. (1) A person doing business in this state or a cemetery, mortuary, corporation, partnership, joint venture, voluntary organization, or other entity that erects, maintains, or provides the necessary appliances and facilities for the cremation of human remains and that conducts cremations must be licensed by the board. The license must be displayed in a conspicuous place in the crematory facility.

(2) A crematory license expires on the date set by department rule and may be renewed upon payment of a fee set by the board. The fee must include the cost of annual inspection. If a crematory facility is attached to a licensed mortuary, only one inspection fee may be charged for inspection of both a mortuary facility under 37-19-403 and a crematory facility.

(3) A person in charge of a licensed crematory facility must be licensed as a crematory operator by the board. A person employed by a licensed crematory facility must be licensed as a crematory technician by the board. The license must be displayed in a conspicuous place in the crematory facility.

(4) Crematory operator and crematory technician licenses expire on the date set by department rule and may be renewed upon payment of a fee set by the board. On-the-job training must be provided to a crematory technician at the time of employment.
Mont. Code Ann. § 37-61-210 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-210
37-61-210 Penalty for practicing without license
Status: in_force

37-61-210 . Penalty for practicing without license. If any person practices law in any court, except a justice's court or a city court, without having received a license as attorney, the person is guilty of a contempt of court.
Mont. Code Ann. § 37-12-101 — MT Code / Title 37 / Chapter 12 / Part 1 / Section 37-12-101
37-12-101 Definitions -- practice of chiropractic
Status: in_force

37-12-101 . Definitions -- practice of chiropractic. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of chiropractors provided for in 2-15-1737 .

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

(3) "Chiropractic" is the system of specific adjustment or manipulation of the articulations and tissues of the body, particularly of the spinal column, for the correction of nerve interference and includes the use of recognized diagnostic and treatment methods as taught in chiropractic colleges but does not include surgery or the prescription or use of drugs.
Mont. Code Ann. § 37-4-408 — MT Code / Title 37 / Chapter 4 / Part 4 / Section 37-4-408
37-4-408 Auxiliary personnel -- employment, duties, and limitations
Status: in_force

37-4-408 . Auxiliary personnel -- employment, duties, and limitations. (1) A dental auxiliary is a person other than a licensed dental hygienist employed by a licensed dentist. The board may, within the limitations of this chapter, adopt rules that define the qualifications and outline the tasks of any unlicensed auxiliary personnel to be employed by a licensed dentist, except that this section may not be construed to allow the board by rule to permit a licensed dentist to delegate to any auxiliary personnel prophylaxis or any of the duties prohibited to dental hygienists under 37-4-401 . The performance of intraoral tasks by a dental auxiliary, as permitted by board rules, must be under the direct supervision of a licensed dentist, except as provided in subsection (2).

(2) A dental auxiliary who holds a certified dental assistant certification from the dental assisting national board may be supervised under general supervision.
Mont. Code Ann. § 37-18-806 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-806
37-18-806 Veterinary dispensing technicians -- registration requirements -- rulemaking
Status: in_force

37-18-806 . Veterinary dispensing technicians -- registration requirements -- rulemaking. (1) A veterinary dispensing technician shall register with the board of veterinary medicine on an annual basis.

(2) The current veterinary dispensing technician license must be conspicuously displayed and in the veterinary retail facility where the veterinary dispensing technician is employed.

(3) A veterinary dispensing technician shall wear a name badge while in the veterinary retail facility that clearly identifies the person as a veterinary dispensing technician.

(4) A veterinary dispensing technician shall inform the board of a change in place of employment within 15 days after the change.

(5) The board may adopt rules to implement this section.
Mont. Code Ann. § 37-3-307 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-307
37-3-307 Qualifications for licensure -- resident license
Status: in_force

37-3-307 . Qualifications for licensure -- resident license. (1) The board may authorize the department to issue a resident license to practice medicine to an applicant who:

(a) is in good standing:

(i) in a Montana residency program and is seeing patients under the supervision of a physician who possesses a current, unrestricted license to practice medicine in this state; or

(ii) with an approved residency and who, in the course of an approved rotation of the applicant's residency program, is seeing patients under the supervision of a physician who possesses a current, unrestricted license to practice medicine in this state; and

(b) submits an application to the department on an approved form and submits the fee set by the board, as provided in 37-3-308 .

(2) A resident license may not be issued for a period that exceeds 1 year. A resident license may be renewed, at the board's discretion, for additional 1-year periods as long as the resident is in good standing in an approved residency program.
Mont. Code Ann. § 37-18-606 — MT Code / Title 37 / Chapter 18 / Part 6 / Section 37-18-606
37-18-606 Disposition of fees
Status: in_force

37-18-606 . Disposition of fees. Any fees collected under this part must be deposited in a state special revenue account to offset costs incurred by the board or department in carrying out this part.
Mont. Code Ann. § 37-67-327 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-327
37-67-327 Examinations -- fees -- third-party services
Status: in_force

37-67-327 . Examinations -- fees -- third-party services. (1) Examinations will be at times and places established by the board or by a third-party examination services provider. The board recognizes the following examinations for licensure or certification:

(a) the fundamentals of engineering examination;

(b) the principles and practices of engineering examination;

(c) the fundamentals of surveying examination;

(d) the principles and practices of surveying examination; and

(e) the Montana state-specific land surveyor examination.

(2) The fees for examinations must be set by the board or by a third party contracted by the board to provide examination services. The board may charge a fee for reexamination, a rescheduling of an examination, or an additional examination not required for licensure or certification.

(3) The board may use a third party to provide examination and grading services.

(4) The board reserves the right to require applicants to meet all requirements for licensure or certification prior to being admitted to an exam but may waive this requirement as part of an agreement with a third-party examination services provider.

(5) All examination fees are nonrefundable.
Mont. Code Ann. § 37-7-1502 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1502
37-7-1502 Prescription drug registry -- purpose
Status: in_force

37-7-1502 . Prescription drug registry -- purpose. (1) The board shall establish and maintain a prescription drug registry for the purpose of improving patient safety by:

(a) making a list of controlled substances prescribed to a patient available to the patient or to the patient's health care provider; and

(b) allowing authorized staff of the board who have signed appropriate confidentiality agreements to review the registry for possible misuse and diversion of controlled substances.

(2) The board shall electronically collect information on prescription drug orders involving controlled substances pursuant to 37-7-1503 and shall disseminate information as provided in 37-7-1504 through 37-7-1506 .
Mont. Code Ann. § 37-4-325 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-325
37-4-325 Witness fees and mileage
Status: in_force

37-4-325 . Witness fees and mileage. (1) Each witness who appears by order of the board or any member of the board is entitled to receive, if demanded, for attendance the same fees and mileage allowed by law to a witness in civil cases in the district court. The amount must be paid by the party at whose request the witness is subpoenaed unless otherwise ordered by the board. When any witness who has not been required to attend at the request of any party is subpoenaed by the board, the witness's fees and mileage may be paid from the funds of the board in the same manner as other expenses of the board are paid.

(2) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the board, may at the time of service demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear and 1 day's attendance. If the witness demands the fees at the time of service and they are not at that time paid or tendered, the witness may not be required to attend before the board, a member of the board, or a referee as directed in the subpoena.
Mont. Code Ann. § 37-50-314 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-314
37-50-314 License required -- proof of licensure
Status: in_force

37-50-314 . License required -- proof of licensure. (1) A person may not engage in the practice of public accounting in this state without a current license issued by the department. A license to engage in the practice of public accounting in this state must be issued by the department to a person who complies with the requirements of this chapter.

(2) The current license to practice public accounting must be presented as proof of licensure upon request by a client.

(3) Upon request from a Montana client, a person qualifying for a practice privilege under 37-50-325 (1) or (2) shall present proof of licensure from the state where the person is licensed.
Mont. Code Ann. § 37-39-101 — MT Code / Title 37 / Chapter 39 / Part 1 / Section 37-39-101
37-39-101 Purpose
Status: in_force

37-39-101 . Purpose. The practices of social work, professional counseling, marriage and family therapy, addiction counseling, behavioral health peer support, and family peer support in the state of Montana are professional behavioral health practices affecting the public health, safety, and welfare and are subject to regulation and control in the public interest. It is a matter of public interest and concern that the collective practices of these professions warrant and receive the confidence of the public and that only qualified persons be permitted to practice in the behavioral health field from within or outside of Montana and engage with behavioral health clients located within the state. This chapter must be liberally construed to carry out these objectives and purposes.
Mont. Code Ann. § 37-54-113 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-113
37-54-113 Registry fees -- statutory appropriation
Status: in_force

37-54-113 . Registry fees -- statutory appropriation. Registry fees collected under 37-54-105 (12) are separate from registration fees provided for elsewhere in this part. Registry fees are statutorily appropriated, as provided in 17-7-502 , to the department to transmit to the appraisal subcommittee of the federal financial institutions examination council.
Mont. Code Ann. § 37-20-401 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-401
37-20-401 Definitions
Status: in_force

37-20-401 . Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the Montana state board of medical examiners established in 2-15-1731 .

(2) "Physician assistant" means an individual licensed pursuant to this chapter who provides medical services that may include but are not limited to examination, diagnosis, prescription of medications, and treatment.
Mont. Code Ann. § 37-67-328 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-328
37-67-328 Certificate of authorization
Status: in_force

37-67-328 . Certificate of authorization. (1) A business entity registered with the Montana secretary of state:

(a) shall obtain a certificate of authorization from the board before engaging in the practice of professional engineering or professional land surveying; and

(b) may engage in the practice of professional engineering or professional land surveying in this state if at least one employee of the business entity is licensed by the board and identified as being in responsible charge of professional engineering or professional land surveying work performed in this state.

(2) A business entity with one or more branch offices or business locations in Montana shall apply for a certificate of authorization for the main office and list each branch office or business location and at least one employee of the business entity who is licensed by the board and identified as being in responsible charge of professional engineering or professional land surveying work performed in this state.

(3) A sole proprietor who is not required to register with the Montana secretary of state is not required to apply for a certificate of authorization.
Mont. Code Ann. § 37-3-206 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-206
37-3-206 Compensation and expenses of members
Status: in_force

37-3-206 . Compensation and expenses of members. Each member of the board of medical examiners shall receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-7-1511 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1511
37-7-1511 Prescription drug registry -- funding
Status: in_force

37-7-1511 . Prescription drug registry -- funding. (1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall pay to the board an annual, nonrefundable fee that is set by rule commensurate with costs.

(2) The board may apply for any available grants and may accept gifts, grants, or donations to assist in establishing and maintaining the registry.

(3) Funds collected pursuant to this part must be deposited into a state special revenue account to the credit of the department. The money must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties under this part.
Mont. Code Ann. § 37-68-315 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-315
37-68-315 Presentation of license
Status: in_force

37-68-315 . Presentation of license. (1) A building code compliance inspector in compliance with 50-60-302 , an employee of the department, a person who is professionally responsible for the jobsite, or an electrician licensed under this chapter who is working on the same jobsite has the right to ask a person who is working at a jobsite doing work that requires an electrician's license to present the person's license. If the person performing the work is unable to furnish the person's license, the requesting person may report that fact to the board or the department.

(2) An employee of the department may issue a citation to and collect a fine, as provided in 37-68-316 , from a person at a jobsite where the person is performing electrical work if the person fails to display an electrician's license at the request of the department employee.
Mont. Code Ann. § 37-55-103 — MT Code / Title 37 / Chapter 55 / Part 1 / Section 37-55-103
37-55-103 License to practice home inspections required -- qualifications
Status: in_force

37-55-103 . (Effective January 1, 2026) License to practice home inspections required -- qualifications. (1) An individual may not practice home inspection without a home inspector license issued under Title 37, chapter 1, and this part.

(2) An applicant for a home inspection license must have:

(a) successfully completed a minimum of 40 hours of comprehensive home inspection instruction approved by the department;

(b) membership in a national home inspection association; and

(c) a minimum of $125,000 liability insurance coverage in errors and omissions insurance.

(3) The requirements in subsections (2)(b) and (2)(c) of this section must be maintained for continued licensure.
Mont. Code Ann. § 37-29-104 — MT Code / Title 37 / Chapter 29 / Part 1 / Section 37-29-104
37-29-104 Health insurance policies to include denturist services
Status: in_force

37-29-104 . Health insurance policies to include denturist services. Notwithstanding any provision of any policy of insurance covering health, whenever such policy provides for reimbursement for any service that is within the lawful scope of practice of a denturist, the insured under such policy is entitled to reimbursement for such service, whether the service is performed by a licensed dentist or a licensed denturist.
Mont. Code Ann. § 37-19-401 — MT Code / Title 37 / Chapter 19 / Part 4 / Section 37-19-401
37-19-401 License required -- display of license
Status: in_force

37-19-401 . License required -- display of license. An operating mortuary must be licensed by the board. The license must be displayed in a conspicuous place.
Mont. Code Ann. § 37-25-313 — MT Code / Title 37 / Chapter 25 / Part 3 / Section 37-25-313
37-25-313 Criminal background check
Status: in_force

37-25-313 . (Effective on occurrence of contingency) Criminal background check. (1) Each applicant for licensure shall 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 to pay all fees charged in relation to obtaining the state and federal criminal history background check.

(3) The board may require a licensee 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 subsection (1) or (3) with the federal bureau of investigation.
Mont. Code Ann. § 37-2-203 — MT Code / Title 37 / Chapter 2 / Part 2 / Section 37-2-203
37-2-203 Health care provider professional wellness program -- reporting -- nonliability -- evidentiary privilege -- definitions
Status: in_force

37-2-203 . Health care provider professional wellness program -- reporting -- nonliability -- evidentiary privilege -- definitions. (1) A person may not be obligated to report information regarding a health care provider to the provider's respective licensing board solely because the health care provider is a participant in a professional program.

(2) A professional program and its agents are immune from civil liability for any act, decision, omission, or utterance done or made in performance of the professional program. An active participant in a professional program may not be employed or engaged by the professional program or have a financial ownership interest in the professional program.

(3) (a) The proceedings, minutes, records, reports, analyses, findings, conclusions, recommendations, and deliberative process, including oral or written opinions and reports, of a professional program originating in or provided to the professional program are not subject to discovery or introduction into evidence in any civil action unless a court of competent jurisdiction, after a hearing in camera, determines that the evidence is not otherwise available and that extraordinary circumstances exist such that the need for the evidence substantially outweighs the interest in protecting the evidence from disclosure and orders the disclosure of information. The information is not admissible in a licensing action unless the office of administrative hearings determines, after an in camera review, that the factors of public safety and health outweigh the individual right of privacy of the licensee subject to the licensing action.

(b) A person involved in the work of a professional program may not be questioned as a witness in a civil action regarding the person's knowledge of any factual information regarding specific patient health care or treatment by virtue of the person's involvement in the professional program.

(c) Exchange of information between professional programs does not constitute a waiver of any privilege provided in this subsection (3).

(4) As used in this section, the following definitions apply:

(a) "Board" means the board of medical examiners established in 2-15-1731 , the board of dentistry established in 2-15-1732 , the board of pharmacy established in 2-15-1733 , the board of nursing established in 2-15-1734 , and the board of behavioral health established in 2-15-1744 .

(b) "Health care provider" means:

(i) a physician, physician assistant, dentist, mental health professional as defined in 37-39-102 , pharmacist, or nurse licensed under Title 37; or

(ii) a student enrolled in a school of medicine, osteopathic medicine, physician assistant medicine, nursing, dentistry, or pharmacy or in a behavioral health or mental health educational program.

(c) "Professional program" means a program created to address issues related to career fatigue and wellness in health care providers and that:

(i) is established or contracted for by a statewide association that primarily represents health care providers; and

(ii) is exempt from federal income taxes pursuant to section 501(c)(3) or 501(c)(6) of the Internal Revenue Code.
Mont. Code Ann. § 37-26-405 — MT Code / Title 37 / Chapter 26 / Part 4 / Section 37-26-405
37-26-405 Issuance of license
Status: in_force

37-26-405 . Issuance of license. If the board determines that an applicant possesses the qualifications required by 37-26-402 , the department shall issue a license to the applicant to practice naturopathic medicine.
Mont. Code Ann. § 37-54-101 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-101
37-54-101 Short title
Status: in_force

37-54-101 . Short title. This chapter may be cited as the "Real Estate Appraiser Licensing and Certification Act".
Mont. Code Ann. § 37-4-102 — MT Code / Title 37 / Chapter 4 / Part 1 / Section 37-4-102
37-4-102 Designations constituting prima facie evidence of practicing dentistry
Status: in_force

37-4-102 . Designations constituting prima facie evidence of practicing dentistry. Except for the provisions in 37-4-104 , appending the word "dentist" or the letters "D.D.S.", "D.M.D.", or similar letters to a person's name on a door or a sign, in a printed or published form, or in any other type of advertisement is prima facie evidence that the person is engaged in the practice of dentistry and is subject to the regulations, convictions, and penalties of this chapter.
Mont. Code Ann. § 37-19-703 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-703
37-19-703 Application -- power of board to set standards -- inspection -- fees
Status: in_force

37-19-703 . Application -- power of board to set standards -- inspection -- fees. (1) Application for a crematory, crematory operator, or crematory technician license must be on forms prescribed by the board and must include the name of the applicant, name of the crematory facility, location of the crematory facility and its mailing address, and any further information the board requires. To be eligible for licensure:

(a) as a crematory facility, an application must include a description of the type of structure and equipment to be used in the operation of the crematory facility;

(b) as a crematory operator, an applicant must be at least 18 years of age, must be a high school graduate or have an equivalent degree, and must be of good moral character.

(2) The application must be accompanied by an application fee set by the board.

(3) The board must be notified of any change of ownership of a crematory within 30 days of the change.

(4) A license to operate a crematory in Montana may be issued only on inspection of the crematory facility and on a finding of compliance with standards for operation set by the board.

(5) A crematory facility may be inspected by a board member or the board's designated representative during business hours.

(6) The board shall adopt rules governing the cremation of human remains, the transportation of human remains, sanitation, equipment, fire protection, building construction, and recordkeeping.

(7) A crematory facility shall comply with all local building codes, environmental standards, and applicable state and local regulations.

(8) A new crematory facility shall pay an initial inspection fee, set by the board, that must accompany the application.
Mont. Code Ann. § 37-15-303 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-303
37-15-303 Qualifications
Status: in_force

37-15-303 . Qualifications. (1) To be eligible for licensing by the board as a speech-language pathologist or audiologist, the applicant:

(a) must meet the current academic, supervised clinical practicum, and supervised professional experience requirements as defined by board rule; and

(b) shall pass an examination approved by the board.

(2) (a) To be eligible for licensing by the board as a speech-language pathology assistant or an audiology assistant, the applicant:

(i) must have completed the academic requirements as defined by board rule; or

(ii) shall provide evidence to the board that the applicant served as an unlicensed speech-language pathology assistant or an unlicensed audiology assistant sufficient to meet the requirements in subsection (2)(a)(i) for a period prior to July 15, 2025.

(b) The board shall provide by rule the type of evidence and conditions to meet equivalency for current academic experience.

(c) Licensure for speech-language pathology assistants qualifying under subsection (2)(a)(ii) must be retroactive to the date on which the board rules establishing equivalency were satisfied.

(3) The standards defined by the board must be equal to or greater than the standards generally accepted as the national norm.
Mont. Code Ann. § 37-33-401 — MT Code / Title 37 / Chapter 33 / Part 4 / Section 37-33-401
37-33-401 Short title
Status: in_force

37-33-401 . Short title. This chapter may be cited as the "Massage Therapy Licensing Act".
Mont. Code Ann. § 37-10-104 — MT Code / Title 37 / Chapter 10 / Part 1 / Section 37-10-104
37-10-104 Public agencies -- discrimination prohibited
Status: in_force

37-10-104 . Public agencies -- discrimination prohibited. All agencies of the state and its subdivisions administering relief, public assistance, public welfare assistance, social security health insurance, or other health service under the laws of this state shall accept the services of licensed optometrists for any service covered by their licenses rendered to any person receiving benefits from said agents or bodies and shall pay for such services in the same manner as other ocular practitioners rendering similar services. None of the governmental agencies or agents, officials, or employees thereof, including the public schools, shall, in the performance of their duties, discriminate in any way among licensed ocular practitioners.
Mont. Code Ann. § 37-51-308 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-308
37-51-308 Broker's office -- display -- notice to department of change of address
Status: in_force

37-51-308 . Broker's office -- display -- notice to department of change of address. (1) A licensed broker shall maintain a designated physical address where the original license or a copy of the current license of the broker must be prominently displayed. The designated address of the broker must be indicated on the broker's license.

(2) (a) If the broker is a supervising broker, the broker shall prominently display at the broker's designated physical address a copy of the current license of each salesperson associated or under contract with the broker.

(b) The name of the broker and the designated address of the broker must be indicated on the salesperson's license.

(3) In case of removal from the designated address, the broker shall notify the department before removal or within 10 days after removal, designating the new physical address and paying the required fee. After receipt of the information required under this subsection, the department shall issue a license to the broker for the new location for the unexpired period.
Mont. Code Ann. § 37-69-301 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-301
37-69-301 License required
Status: in_force

37-69-301 . License required. (1) Except as provided in 37-69-102 , a person working at the field of plumbing in this state, either as a master plumber or as a journeyman plumber, shall first obtain a license as provided in Title 37, chapter 69, part 3.

(2) A person who receives a license under the provisions of this chapter shall carry the license, or proof of licensure, at all times while working on a job site and performing work that requires a license. Acceptable proof of licensure must be determined by the board and made known by the department to each licensee when a license is issued.
Mont. Code Ann. § 37-33-402 — MT Code / Title 37 / Chapter 33 / Part 4 / Section 37-33-402
37-33-402 Purpose
Status: in_force

37-33-402 . Purpose. (1) The legislature finds that the practice of massage therapy affects the health, safety, and welfare of the people of this state and declares that the practice of massage therapy contributes to choice in health care.

(2) It is the purpose of this chapter to regulate the massage therapy profession, to create a board of massage therapy that will issue massage therapy licenses in accordance with this chapter and the board's rules, and to define the terminology describing competencies of the massage therapy profession.
Mont. Code Ann. § 37-19-705 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-705
37-19-705 Cremation procedures -- cremation containers
Status: in_force

37-19-705 . Cremation procedures -- cremation containers. (1) Human remains may not be cremated except in a licensed crematory.

(2) Human remains may not be cremated within 24 hours after the time of death.

(3) A body may not be cremated with a pacemaker or other potentially hazardous implant, as defined by the board, including any toxic or explosive-type sealed implants, in place. The authorizing agent is responsible for disclosing the existence of any pacemakers or other hazardous implants.

(4) A crematory shall hold human remains, prior to their cremation, under the following conditions:

(a) In the event the crematory is unable to perform cremation upon receipt of the human remains, it shall place the human remains in a holding facility.

(b) If the human remains are not embalmed, they may not be held longer than 48 hours after the time of death outside of a refrigerated facility.

(5) Human remains delivered to a crematory may not be removed from the cremation container, and the cremation container must be cremated with the human remains.

(6) Unauthorized persons may not be permitted in the retort area while any human remains are awaiting cremation, being cremated, or being removed from the cremation chamber.

(7) The unauthorized, simultaneous cremation of human remains of more than one person within the same cremation chamber is prohibited unless the crematory has received express written authorization from all appropriate authorizing agents for the human remains to be cremated simultaneously. A written authorization exempts the crematory from liability for commingling of the product of the cremation process provided the authorization is complied with.

(8) The identification of the human remains, as indicated on the cremation container, must be verified by the crematory operator or crematory technician immediately prior to the cremation container being placed within the cremation chamber. The identification must be removed from the cremation container and be placed near the cremation chamber control panel where it must remain until the cremation process is complete.

(9) Upon completion of the cremation process, all recoverable residue must be removed from the cremation chamber. All residue of the cremation process must be separated from material other than bone fragments, which must be processed so as to reduce the bone fragments to unidentifiable particles.

(10) Cremated remains, with proper identification, must be packed and placed in a temporary container or urn ordered by the authorizing agent.

(11) If the cremated remains will not fit within the dimensions of the temporary container or urn, the remainder of the cremated remains must be returned to the authorizing agent in a separate container.

(12) If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent must be packed securely in a suitable, sturdy, pressure resistant, and properly sealed container.

(13) Cremated remains may be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery.
Mont. Code Ann. § 37-56-109 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-109
37-56-109 Application fees -- refund -- deduction of costs
Status: in_force

37-56-109 . Application fees -- refund -- deduction of costs. (1) A property manager of four or more dwelling units that requires an application fee prior to the rental of a dwelling unit shall refund the application fee within a reasonable period of time if the applicant does not become a party to a signed rental agreement for the dwelling unit or if the applicant does not become a party to a rental agreement that has the same effect as if it had been signed pursuant to 70-24-204 . However, the property manager may deduct costs from the refund as provided in subsection (2).

(2) If the application fee includes costs pertaining to specific services, the applicant must be given written notice of the portions of the total application fee allocated to each cost at the time the application fee is collected. If the applicant does not become a party to a rental agreement as provided in subsection (1), the property manager may retain only the costs specified in the written notice for services actually performed and shall refund the balance as provided in subsection (1). The property manager may not retain the cost of a service that was not performed, even if the cost was specified in the written notice that was provided to the applicant.

(3) A person who wrongfully withholds an application fee or any portion of an application fee is liable in damages to the applicant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. Attorney fees may be awarded to the prevailing party at the discretion of the court. The burden of proof of services rendered by the property manager pertaining to the application is on the property manager.

(4) For the purposes of this section, the following definitions apply:

(a) "Application fee" means the total amount an applicant shall pay to be considered for renting a dwelling unit.

(b) "Cost" means the out-of-pocket expense to a property manager for a specific service in relation to the application performed prior to approval or disapproval of a tenant, including but not limited to a credit check. The term does not include a fee for the property manager's time or effort for arranging or performing the service.
Mont. Code Ann. § 37-51-302 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-302
37-51-302 Broker's or salesperson's license -- qualifications of applicant -- supervising broker endorsement
Status: in_force

37-51-302 . Broker's or salesperson's license -- qualifications of applicant -- supervising broker endorsement. (1) Licenses may be granted only to individuals considered by the board to be of good repute and competent to transact the business of a broker or a salesperson in a manner that safeguards the interests of the public.

(2) An applicant for a broker's license:

(a) must be at least 18 years of age;

(b) must have graduated from an accredited high school or completed an equivalent education as determined by the board;

(c) must have been actively engaged as a licensed real estate salesperson for a period of 2 years or have had experience or special education equivalent to that which a licensed real estate salesperson ordinarily would receive during this 2-year period as determined by the board, except that if the board finds that an applicant could not obtain employment as a licensed real estate salesperson because of conditions existing in the area where the applicant resides, the board may waive this experience requirement;

(d) shall file an application for a license with the department; and

(e) shall furnish written evidence that the applicant has completed 60 classroom or equivalent hours, in addition to those required to secure a salesperson's license, in a course of study approved by the board and taught by instructors approved by the board and has satisfactorily passed an examination dealing with the material taught in each course. The course of study must include the subjects of real estate principles, real estate law, real estate finance, and related topics.

(3) The board shall require information it considers necessary from an applicant to determine honesty, trustworthiness, and competency.

(4) (a) An applicant for a salesperson's license:

(i) must be at least 18 years of age;

(ii) must have received credit for completion of 2 years of full curriculum study at an accredited high school or completed an equivalent education as determined by the board;

(iii) shall file an application for a license with the department; and

(iv) shall furnish written evidence that the applicant has completed between 60 and 80 classroom or equivalent hours, as set by the board. The hours must be in a course of study approved by the board and taught by instructors approved by the board. The applicant must satisfactorily pass an examination dealing with the material taught in each course. The course of study must include the subjects of real estate principles, real estate law and ethics, real estate finance, and related topics.

(b) The application must be accompanied by the recommendation of a licensed broker with a supervising broker endorsement by whom the applicant will be employed or placed under contract, certifying that the applicant is of good repute and that the broker will actively supervise and train the applicant during the period the requested license remains in effect.

(5) If the board determines that an applicant possesses the qualifications required by this chapter, the department shall issue a license to the applicant.

(6) (a) An applicant for a supervising broker endorsement must meet the education and experience requirements established by the board by rule except that continuing education requirements for a supervising broker endorsement may not be in addition to the continuing education requirements for a licensed broker with respect to the total number of hours or credits required.

(b) The board may not assess a licensing fee for obtaining or renewing a supervising broker endorsement.

(c) The board may adopt rules allowing a salesperson to temporarily associate with a broker with a supervising broker endorsement other than the supervising broker listed on the salesperson's license.
Mont. Code Ann. § 37-54-513 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-513
37-54-513 Recordkeeping
Status: in_force

37-54-513 . Recordkeeping. Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has retained the following documentation in accordance with the recordkeeping provisions of the uniform standards of professional appraisal practice and applicable state law:

(1) a full record as prescribed by the board that includes the names of the entities requesting service from the appraisal management company and the corresponding names of the appraisers that performed the appraisal services; and

(2) all certifications and supporting documentation for board registration and renewals, including audit reports required by this chapter.
Mont. Code Ann. § 37-78-102 — MT Code / Title 37 / Chapter 78 / Part 1 / Section 37-78-102
37-78-102 Definitions
Status: in_force

37-78-102 . (Effective January 1, 2026) Definitions. As used in this chapter, unless the context requires otherwise, 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.
Mont. Code Ann. § 37-7-702 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-702
37-7-702 Out-of-state mail order pharmacy defined
Status: in_force

37-7-702 . Out-of-state mail order pharmacy defined. "Out-of-state mail order pharmacy" means a pharmacy located outside this state that:

(1) ships, mails, or delivers by any lawful means a dispensed legend drug to a resident in this state pursuant to a legally issued prescription;

(2) provides to a resident of this state information on drugs or devices that may include but is not limited to advice relating to therapeutic values, potential hazards, and uses; or

(3) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs.
Mont. Code Ann. § 37-1-303 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-303
37-1-303 Scope
Status: in_force

37-1-303 . Scope. This part governs the licensure, the practice and unauthorized practice, and the discipline of professions and occupations governed by this title unless otherwise provided by statutes relating to a specific board and the profession or occupation it regulates. The provisions of this chapter must be construed to supplement the statutes relating to a specific board and the profession it regulates. The method for initiating and judging a disciplinary proceeding, specified in 37-1-307 (1)(d), must be used by a board in all disciplinary proceedings involving licensed professionals.
Mont. Code Ann. § 37-49-103 — MT Code / Title 37 / Chapter 49 / Part 1 / Section 37-49-103
37-49-103 Scope of practice
Status: in_force

37-49-103 . Scope of practice. (1) The practice of genetic counseling involves:

(a) obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, the patient's offspring, and other family members;

(b) discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic and medical conditions and diseases;

(c) identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment;

(d) integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic and medical conditions and diseases;

(e) explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;

(f) evaluating the client's or family's responses to the genetic or medical condition or the risk of recurrence of the condition and providing client-centered counseling and anticipatory guidance;

(g) identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

(h) providing written documentation of medical, genetic, and counseling information for families and health care professionals.

(2) Nothing in this chapter authorizes a genetic counselor to practice medicine, including treatment or medical management of a patient. If, in the course of providing genetic counseling to a client, a genetic counselor finds any indication of a disease or condition that requires medical assessment or treatment, the genetic counselor shall refer the client to a provider licensed to practice medicine.
Mont. Code Ann. § 37-7-1514 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1514
37-7-1514 Report to legislature
Status: in_force

37-7-1514 . Report to legislature. The board shall provide a report to the children, families, health, and human services interim committee and to the economic affairs interim committee in accordance with 5-11-210 , including but not limited to information on:

(1) the cost of establishing and maintaining the registry;

(2) any grants, gifts, or donations received to assist in establishing and maintaining the registry;

(3) how registry information was used; and

(4) how quickly the board was able to answer requests for information from the registry.
Mont. Code Ann. § 37-39-301 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-301
37-39-301 Privileged communications -- exceptions
Status: in_force

37-39-301 . Privileged communications -- exceptions. A licensee may not disclose any information the licensee acquires from clients consulting the licensee in a professional capacity except:

(1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal representative or guardian;

(2) when a communication that otherwise would be confidential reveals that the client or another person is contemplating the commission of a crime or the licensee's professional opinion reveals a threat of imminent harm to the client or others;

(3) when the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry;

(4) when the client or the client's personal representative or guardian brings an action against a licensee for a claim arising out of the licensee-client relationship, the client is considered to have waived any privilege;

(5) when the client otherwise waives the licensee-client privilege; and

(6) as may otherwise be required by law.
Mont. Code Ann. § 37-54-517 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-517
37-54-517 Registration
Status: in_force

37-54-517 . Registration. The department shall publish annually a list of appraisal management companies that have registered with the department pursuant to this chapter.
Mont. Code Ann. § 37-66-105 — MT Code / Title 37 / Chapter 66 / Part 1 / Section 37-66-105
37-66-105 Exemptions
Status: in_force

37-66-105 . Exemptions. (1) The provisions of this chapter do not prevent employees of those lawfully practicing as landscape architects from acting under the instruction, control, or supervision of their employers.

(2) The provisions of this chapter do not apply to any business conducted in this state by a horticulturist, nursery operator, landscape nursery operator, gardener, landscape gardener, landscape designer, landscape artist, landscape contractor, or land use planner, as these terms are generally used. However, an unlicensed person may not use the title "landscape architect", "landscape architecture", or any description tending to convey the impression that the person is a licensed landscape architect unless the person is licensed as provided in this chapter.

(3) This chapter does not apply to architects, professional engineers, and professional land surveyors licensed to practice their respective professions.

(4) This chapter does not apply to a person performing any of the services mentioned in this chapter upon the person's own property.

(5) This chapter does not require the hiring of a landscape architect.
Mont. Code Ann. § 37-54-502 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-502
37-54-502 Registration exemptions
Status: in_force

37-54-502 . Registration exemptions. (1) The provisions of this chapter do not apply to a person who exclusively employs appraisers on an employer-employee basis for the performance of an appraisal assignment.

(2) An appraisal management company that is a subsidiary owned and controlled by a financial institution that is regulated by a federal financial institution regulatory agency is not required to register with the board but shall comply with all provisions of this chapter, as long as the provisions of this chapter do not conflict with federal law related to the operation of an appraisal management company in this state.
Mont. Code Ann. § 37-19-909 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-909
37-19-909 Immunity
Status: in_force

37-19-909 . Immunity. A mortuary or mortician who relies in good faith on the instructions of an individual claiming the right of disposition is not subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.
Mont. Code Ann. § 37-1-205 — MT Code / Title 37 / Chapter 1 / Part 2 / Section 37-1-205
37-1-205 Licensure on completion of supervision
Status: in_force

37-1-205 . Licensure on completion of supervision. Completion of probation or parole supervision without any subsequent criminal conviction is evidence of rehabilitation. However, the facts surrounding the situation that led to the probation or parole supervision may be considered as they relate to the occupation for which a license is sought, and this chapter may not be construed to prohibit licensure of a person while the person is under state supervision if the licensing agency finds insufficient evidence to preclude licensure.
Mont. Code Ann. § 37-18-201 — MT Code / Title 37 / Chapter 18 / Part 2 / Section 37-18-201
37-18-201 Organization -- meetings
Status: in_force

37-18-201 . Organization -- meetings. (1) A board member must receive a certificate of appointment from the governor.

(2) The board shall annually elect from its members a president, vice president, and secretary-treasurer and shall hold at least two regular meetings each year. If a member of the board, without cause, is absent from two consecutive regular meetings, that member's position on the board is vacated.
Mont. Code Ann. § 37-50-302 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-302
37-50-302 Certified public accountants -- licensure -- qualifications and requirements
Status: in_force

37-50-302 . Certified public accountants -- licensure -- qualifications and requirements. The board shall grant an initial license as a certified public accountant to any person who:

(1) is of good moral character;

(2) has successfully passed the certified public accountant examination;

(3) meets the requirements of education and accounting experience set forth in this chapter and in board rules; and

(4) has successfully completed a professional ethics course for certified public accountants as identified in board rule.
Mont. Code Ann. § 37-15-302 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-302
37-15-302 Application forms
Status: in_force

37-15-302 . Application forms. An application to be licensed as a speech-language pathologist, an audiologist, a speech-language pathology assistant, or an audiology assistant must be made on forms prescribed by the department.
Mont. Code Ann. § 37-42-101 — MT Code / Title 37 / Chapter 42 / Part 1 / Section 37-42-101
37-42-101 Purpose
Status: in_force

37-42-101 . Purpose. It is declared that the health and welfare of Montana citizens are jeopardized by persons not properly qualified to operate the water supply systems and that Montana's state waters are endangered by persons not properly qualified to operate the wastewater treatment plants. It is declared that the public policy of this state is to protect the public health and safety by certifying persons working in these occupations.
Mont. Code Ann. § 37-4-204 — MT Code / Title 37 / Chapter 4 / Part 2 / Section 37-4-204
37-4-204 Affiliation with national association authorized -- delegates
Status: in_force

37-4-204 . Affiliation with national association authorized -- delegates. The board may affiliate with the national association as an active member, pay regular annual dues to the association, and send delegates to the meetings of the association.
Mont. Code Ann. § 37-11-105 — MT Code / Title 37 / Chapter 11 / Part 1 / Section 37-11-105
37-11-105 Supervision of physical therapist assistant, physical therapy aide, physical therapy student, or physical therapist assistant student
Status: in_force

37-11-105 . Supervision of physical therapist assistant, physical therapy aide, physical therapy student, or physical therapist assistant student. (1) A physical therapist assistant shall practice under the supervision of a licensed physical therapist who is responsible for and participates in a patient's care. This supervision requires the licensed physical therapist to make an onsite visit or a visit by means of telehealth to the client at least once for every eight visits made by the assistant or once every 30 days, whichever occurs first.

(2) A licensed physical therapist may not concurrently supervise more than two full-time assistants or the equivalent. This supervision does not require the presence of the assistant.

(3) A physical therapy aide shall practice under the onsite supervision of a licensed physical therapist or a licensed assistant. A licensed assistant may not concurrently supervise more than one full-time aide or the equivalent. A licensed physical therapist may not concurrently supervise more than four aides or the equivalent or two assistants and two aides or the equivalent.

(4) A physical therapy student or physical therapist assistant student shall practice with the onsite supervision of a licensed physical therapist.
Mont. Code Ann. § 37-7-322 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-322
37-7-322 Use of words pharmacy, apothecary, drug store, or chemist shop for advertising
Status: in_force

37-7-322 . Use of words pharmacy, apothecary, drug store, or chemist shop for advertising. It is unlawful for a person to carry on, conduct, or transact a retail business under a name which contains as a part of the business the words "pharmacy", "apothecary", "drug store", or "chemist shop" or any abbreviation, translation, extension, or variation of those terms or in any manner by advertisement circular or poster, sign, or otherwise to describe or refer to the place of business conducted by that person by the term, abbreviation, translation, extension, or variation unless the business conducted is a pharmacy within the meaning of this chapter and licensed and in the charge of a licensed pharmacist.
Mont. Code Ann. § 37-1-322 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-322
37-1-322 Mental and physical evaluations
Status: in_force

37-1-322 . Mental and physical evaluations. (1) If the alternative health care board, board of behavioral health, board of veterinary medicine, or any board licensing medical practitioners defined in 37-2-101 has objective and reasonable belief that a licensee or license applicant presents a significant risk of substantial harm to public health and safety, the board may require an evaluation of the licensee or license applicant by an appropriate medical provider.

(2) The evaluation in subsection (1) must determine to what extent and how any existing mental or physical impairment or disability or use of controlled substances by the individual may impact the individual's performance of the profession or occupation with reasonable skill and safety. The factors to be considered include but are not limited to:

(a) the duration of the risk;

(b) the nature and severity of the potential harm;

(c) the likelihood that the potential harm will occur; and

(d) the imminence of the potential harm.

(3) The board may consider additional mental or physical evaluations and may base a proposed disciplinary or enforcement action on a single evaluation or the totality of any evaluations considered.

(4) The board may summarily suspend the license of or suspend processing the application of an individual who refuses to submit to the evaluation.
Mont. Code Ann. § 37-27-111 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-111
37-27-111 Parents' rights regarding birth of baby
Status: in_force

37-27-111 . Parents' rights regarding birth of baby. Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.
Mont. Code Ann. § 37-39-309 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-309
37-39-309 Clinical professional counseling license required -- qualifications
Status: in_force

37-39-309 . Clinical professional counseling license required -- qualifications. (1) A person may not practice clinical professional counseling unless licensed under Title 37, chapter 1, and this chapter.

(2) Except as provided in subsection (3), an applicant for licensure as a clinical professional counselor must have:

(a) completed a master's or doctoral degree from an approved program;

(b) completed 3,000 hours of supervised clinical professional counseling practice; and

(c) passed an approved examination.

(3) An applicant who has not completed the degree requirements of subsection (2)(a) may be licensed if the applicant meets requirements established by the board by rule for additional postdegree experience equivalent to the provisions of subsections (2)(a) and (2)(b).

(4) The supervised clinical professional counseling practice required under subsection (2(b) must be completed as provided in 37-39-307 and as prescribed by the board by rule.
Mont. Code Ann. § 37-26-202 — MT Code / Title 37 / Chapter 26 / Part 2 / Section 37-26-202
37-26-202 Board meetings
Status: in_force

37-26-202 . Board meetings. (1) The board shall meet at least once annually.

(2) Special meetings may be called by any two board members or the presiding officer.
Mont. Code Ann. § 37-1-106 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-106
37-1-106 Biennial report
Status: in_force

37-1-106 . Biennial report. (1) The department, in cooperation with each licensing board, shall prepare a biennial report. The biennial report of the department must contain for each board:

(a) a summary of the board's activities;

(b) the board's goals and objectives;

(c) a detailed breakdown of board revenues and expenditures;

(d) statistics illustrating board activities concerning licensing;

(e) a summary of complaints received and their disposition;

(f) the number of licenses revoked or suspended;

(g) legislative or court action affecting the board;

(h) the number of board members appointed pursuant to 37-1-123 who are still serving following the expiration of their appointed term; and

(i) any other information the department or board considers relevant.

(2) The department shall submit the report to the economic affairs interim committee, in accordance with 5-11-210 , and the office of budget and program planning as a part of the information required by 17-7-111 .
Mont. Code Ann. § 37-49-201 — MT Code / Title 37 / Chapter 49 / Part 2 / Section 37-49-201
37-49-201 Representation or practice as genetic counselor -- license required
Status: in_force

37-49-201 . Representation or practice as genetic counselor -- license required. (1) On issuance of a license under this chapter, a licensee may use the title "licensed genetic counselor".

(2) Except as otherwise provided in this chapter, a person may not represent that the person is a licensed genetic counselor by using the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", "genetic associate", or any words, letters, abbreviations, or insignia indicating or implying a person holds a genetic counseling license unless the person is licensed under this chapter.

(3) This chapter does not apply to:

(a) a person licensed by the state as a physician or advanced practice registered nurse or to practice in a profession other than that of genetic counseling when acting within the scope of the person's profession and doing work of a nature 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 genetic counseling;

(b) any person employed as a genetic counselor by the federal government or an agency of the federal government if the person provides genetic counseling services solely under the direction and control of the organization that is employing the person;

(c) a student or intern enrolled in a genetic counseling educational program accredited by the American board of genetic counseling if the person is designated by the title "genetic counseling intern" and the genetic counseling services performed are:

(i) an integral part of the student's course of study; and

(ii) performed under the direct supervision of a licensed genetic counselor who is assigned to supervise the student and who is on duty and available in the assigned patient care area; and

(d) visiting out-of-state genetic counselors who are certified by the American board of genetic counseling and performing activities and services for a period of less than 30 days each year. A visiting genetic counselor must be licensed if a license is available in the person's home state.
Mont. Code Ann. § 37-45-102 — MT Code / Title 37 / Chapter 45 / Part 1 / Section 37-45-102
37-45-102 Definitions
Status: in_force

37-45-102 . (Effective January 1, 2026) Definitions. As used in this chapter, the following definitions apply:

(1) "Construction contractor" means, except as provided in 37-45-104 , a person, firm, or corporation that:

(a) in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or

(b) in order to do work similar to that described in subsection (1)(a) on the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided.

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
Mont. Code Ann. § 37-73-101 — MT Code / Title 37 / Chapter 73 / Part 1 / Section 37-73-101
37-73-101 Definitions
Status: in_force

37-73-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

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

(2) "Elevator contractor" means any person intending to engage in the business of installing, altering, or repairing elevators, escalators, dumbwaiters, or other equipment subject to the provisions of Title 50, chapter 60, part 7.

(3) "Elevator inspector" means any person intending to engage in inspecting elevators, escalators, dumbwaiters, or other equipment subject to the provisions of Title 50, chapter 60, part 7.

(4) "Elevator mechanic" means any person intending to engage in installing, altering, repairing, or testing elevators, escalators, dumbwaiters, or other equipment subject to the provisions of Title 50, chapter 60, part 7.
Mont. Code Ann. § 37-2-103 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-103
37-2-103 Practices declared unlawful between medical practitioners and pharmacies -- exceptions
Status: in_force

37-2-103 . Practices declared unlawful between medical practitioners and pharmacies -- exceptions. (1) It is unlawful for a medical practitioner other than a pharmacist to own, directly or indirectly, a community pharmacy. This subsection does not prohibit a medical practitioner from dispensing a drug that the medical practitioner is permitted to dispense under 37-2-104 .

(2) It is unlawful for a medical practitioner, directly or indirectly, to solicit or to knowingly receive from a community pharmacy or for a community pharmacy knowingly to pay or promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by the community pharmacy of drugs to patients of a medical practitioner.

(3) Subsection (2) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.
Mont. Code Ann. § 37-8-425 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-425
37-8-425 Medication aide -- title
Status: in_force

37-8-425 . Medication aide -- title. Any person who holds a valid license to practice as a medication aide in this state may use the title licensed medication aide I or licensed medication aide II and the abbreviations "LMA I" or "LMA II" respectively.
Mont. Code Ann. § 37-50-203 — MT Code / Title 37 / Chapter 50 / Part 2 / Section 37-50-203
37-50-203 Rules of board
Status: in_force

37-50-203 . Rules of board. (1) The board may adopt rules, consistent with the purposes of this chapter, that it considers necessary.

(2) The board shall adopt:

(a) rules of professional conduct appropriate to establish and maintain a high standard of integrity, dignity, and competency in the profession of public accounting, including competency in specific fields of public accounting;

(b) rules governing education requirements, as provided in 37-50-305 , for issuance of the license of a certified public accountant;

(c) rules defining requirements for accounting experience, not exceeding 2 years, for issuance of the initial license; and

(d) rules to enforce the provisions of this chapter. The purpose of the rules is to provide for the monitoring of the profession of public accounting and to maintain the quality of the accounting profession.

(3) The board may adopt rules governing firms and other types of entities practicing public accounting, including but not limited to rules concerning style, name, title, and affiliation with other organizations.
Mont. Code Ann. § 37-19-402 — MT Code / Title 37 / Chapter 19 / Part 4 / Section 37-19-402
37-19-402 Operator's license requirements -- facility inspections -- transfer of license to new facility
Status: in_force

37-19-402 . Operator's license requirements -- facility inspections -- transfer of license to new facility. (1) The operation of a mortuary is prohibited by anyone not holding a mortician's license.

(2) A license to operate a new mortuary facility in Montana may be issued only if the proposed mortuary facility meets standards for operating mortuaries adopted by the board.

(3) (a) An applicant for a license to operate a new mortuary shall send to the department a written and verified application on a form prescribed by the board. The application must be accompanied by an initial inspection fee.

(b) The department shall inspect the proposed new mortuary and report its findings to the board.

(4) The board shall grant a license if the department determines that the proposed new facility meets the standards adopted by the board and will be operated by a person who has been issued a mortician's license.

(5) A mortuary license may be transferred from one facility to another only when the proprietor of a licensed facility terminates services at the licensed facility and commences services at a new facility. The new facility must be inspected and must meet standards for operating mortuaries.

(6) A mortuary may be inspected by members of the board or their representatives during business hours.
Mont. Code Ann. § 37-66-301 — MT Code / Title 37 / Chapter 66 / Part 3 / Section 37-66-301
37-66-301 License required
Status: in_force

37-66-301 . License required. In order to safeguard human health and property and to promote the public welfare, a person in either a public or private capacity practicing or offering to practice landscape architecture is required to submit evidence that the person is qualified to practice and is licensed under the provisions of this chapter.
Mont. Code Ann. § 37-61-301 — MT Code / Title 37 / Chapter 61 / Part 3 / Section 37-61-301
37-61-301 Disbarment
Status: in_force

37-61-301 . Disbarment. (1) The supreme court of the state has exclusive jurisdiction to remove or suspend attorneys at law.

(2) An attorney may be removed or suspended for any of the following causes arising after admission to practice:

(a) conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence;

(b) willful disobedience or violation of an order of the court requiring the individual to do or forbear an act connected with or in the course of the legal profession that the individual ought in good faith to do or forbear and any violation of the oath taken by the individual or of the duties as an attorney;

(c) corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;

(d) lending the attorney's name to be used as attorney by another person who is not an attorney;

(e) being guilty of deceit, malpractice, crime, or misdemeanor involving moral turpitude.
Mont. Code Ann. § 37-2-315 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-315
37-2-315 Direct billing for anatomic pathology services
Status: in_force

37-2-315 . Direct billing for anatomic pathology services. (1) A clinical laboratory or physician providing anatomic pathology services for a patient may present a bill or demand for payment for services furnished by the laboratory or physician only to the following entities:

(a) the patient;

(b) the patient's insurer or other third-party payor;

(c) the health care facility ordering the services;

(d) a referring laboratory, other than a laboratory in which the patient's physician or other practitioner of the healing arts has a financial interest; or

(e) a state or federal agency or the agent of that agency, on behalf of the patient.

(2) Except as provided in subsection (5), a physician or other practitioner of the healing arts licensed pursuant to Title 37 may not directly or indirectly bill or charge for or solicit payment for anatomic pathology services unless those services were provided personally by the physician or other practitioner or under the direct supervision of a physician providing that supervision for the purposes of 42 U.S.C. 263a.

(3) The following entities are not required to reimburse a physician for a bill or charge made in violation of this section:

(a) a patient;

(b) an insurer;

(c) a health care facility; or

(d) another third-party payor.

(4) This section does not require an assignment of benefits for anatomic pathology services.

(5) This section does not prohibit billing between laboratories, other than laboratories in which the patient's physician or other practitioner of the healing arts has a financial interest, for anatomic pathology services in instances requiring that a sample be sent to a specialist at another laboratory.

(6) This section does not prohibit a clinical laboratory or physician providing anatomic pathology services for a patient from presenting a bill or demand for payment for those services or presenting separate bills or demands for payment to a payor when allowed by this section.

(7) The licensing entity for a physician or other practitioner of the healing arts licensed pursuant to Title 37 may revoke, suspend, or refuse to renew the license of a physician or other practitioner of the healing arts who violates a provision of this section.

(8) As used in this section, the following definitions apply:

(a) "Anatomic pathology services" means:

(i) histopathology or surgical pathology, meaning the gross examination of, histologic processing of, or microscopic examination of human organ tissue performed by a physician or under the supervision of a physician;

(ii) cytopathology, meaning the examination of human cells, from fluids, aspirates, washings, brushings, or smears, including the pap test examination performed by a physician or under the supervision of a physician;

(iii) hematology, meaning the microscopic evaluation of human bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician and peripheral human blood smears when the attending or treating physician or other practitioner of the healing arts or a technologist requests that a blood smear be reviewed by a pathologist;

(iv) subcellular pathology and molecular pathology; or

(v) blood bank services performed by a pathologist.

(b) "Clinical laboratory" or "laboratory" means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of human beings or the assessment of the health of human beings.

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

(d) "Insurer" includes a disability insurer, a health services corporation, a health maintenance organization, and a fraternal benefit society.

(e) "Patient" has the meaning provided in 50-16-504 .

(f) "Physician" has the meaning provided in 37-3-102 .
Mont. Code Ann. § 37-8-421 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-421
37-8-421 Supervision under provisional license practice
Status: in_force

37-8-421 . Supervision under provisional license practice. A nurse who practices nursing under a provisional license while awaiting examination results may function only under the supervision of a registered professional nurse, physician, dentist, osteopath, or podiatrist who, during the nurse's practice, is on the premises and is specifically assigned the responsibility of supervising the nurse.
Mont. Code Ann. § 37-47-306 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-306
37-47-306 Fees
Status: in_force

37-47-306 . Fees. (1) The board shall establish fees commensurate with costs as provided in 37-1-134 .

(2) Applications must be accompanied by a license fee as specified by board rule.

(3) The license fees must be deposited in the state special revenue fund and must be used by the board to investigate the applicant, to enforce this part, and for administrative costs, subject to 37-1-101 (6).
Mont. Code Ann. § 37-1-145 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-145
37-1-145 Military training or experience to satisfy licensing or certification requirements -- rulemaking
Status: in_force

37-1-145 . Military training or experience to satisfy licensing or certification requirements -- rulemaking. Each board and program shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept relevant education, training, or service completed in the armed forces or reserves of the United States or the national guard, military reserves, or naval militia of a state toward the qualifications to receive the license or certification.
Mont. Code Ann. § 37-46-101 — MT Code / Title 37 / Chapter 46 / Part 1 / Section 37-46-101
37-46-101 Purpose
Status: in_force

37-46-101 . (Effective January 1, 2026) Purpose. It is a matter of public interest and concern that the health professions regulated by the board warrant and receive the confidence of the public and that only qualified persons be permitted to practice in each respective field from within or outside of Montana and engage with clients located within the state.
Mont. Code Ann. § 37-4-104 — MT Code / Title 37 / Chapter 4 / Part 1 / Section 37-4-104
37-4-104 Twelve-month period for disposition of deceased or disabled dentist's practice by personal representative -- restrictions
Status: in_force

37-4-104 . Twelve-month period for disposition of deceased or disabled dentist's practice by personal representative -- restrictions. (1) For the purpose of selling or otherwise disposing of a deceased or a disabled licensee's dental practice and for a period not to exceed 12 months, a person who is not licensed to practice dentistry but who is the personal representative of the estate of a deceased dentist or the personal representative of a disabled dentist may contract with a dentist to manage the dental practice at an establishment where dental operations, oral surgery, or dental services are provided.

(2) A personal representative may not:

(a) govern the clinical sufficiency, suitability, reliability, or efficacy of a particular service, product, process, or activity as it relates to the delivery of dental care;

(b) preclude or otherwise restrict a dentist's ability to exercise independent professional judgment over all qualitative and quantitative aspects of the delivery of dental care;

(c) allow any person other than a dentist to supervise and control the selection, compensation, terms, conditions, obligations, or privileges of employment or retention of clinical personnel in the dental practice;

(d) determine or limit a fee charged by the dentist or limit the methods of payment accepted by a dentist or the dentist's practice; or

(e) limit or define the scope of services offered by the dentist.

(3) For the purposes of this section:

(a) "clinical" means having a significant relationship, whether real or potential, direct or indirect, to the actual rendering or outcome of dental care, the practice of dentistry, or the quality of dental care being rendered to a patient;

(b) "disabled" means unable to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment lasting or expected to last at least 12 months; and

(c) "personal representative" of the estate of a deceased dentist has the same meaning as provided for the term in 72-1-103 .

(4) The 12-month period provided for in subsection (1) begins when:

(a) the personal representative of the estate of a deceased dentist files a verified copy of the death certificate of the deceased with the department; or

(b) the personal representative of the disabled dentist files a verified copy of a document signed by a licensed physician that attests to the dentist's disability.
Mont. Code Ann. § 37-4-501 — MT Code / Title 37 / Chapter 4 / Part 5 / Section 37-4-501
37-4-501 Work order for construction or repair of appliances
Status: in_force

37-4-501 . Work order for construction or repair of appliances. (1) A licensed dentist who employs or engages the services of a person, firm, or corporation to construct, reproduce, make, alter, or repair bridges, crowns, dentures, other prosthetic appliances, surgical appliances, or orthodontic appliances shall furnish the person, firm, or corporation with a written work authorization on forms that must contain:

(a) the name and address of the person, firm, or corporation to which the work authorization is directed;

(b) the patient's name or identification number, but if only a number is used, the patient's name must be written on the duplicate copy of the work authorization retained by the dentist;

(c) the date on which the work authorization was written;

(d) a description of the work to be done, including diagrams if necessary;

(e) a specification of the type and quality of the materials to be used; and

(f) the signature of the dentist and the number of the dentist's license to practice dentistry.

(2) The person, firm, or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization, and the dentist shall retain the duplicate copy for inspection at a reasonable time by the board for a period of 2 years from date of issuance.
Mont. Code Ann. § 37-7-1503 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1503
37-7-1503 Prescription drug registry -- registration and reporting requirements
Status: in_force

37-7-1503 . Prescription drug registry -- registration and reporting requirements. (1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall register to use the prescription drug registry at the time of initial licensure or renewal of licensure.

(2) (a) Except as provided in subsection (2)(b), each entity licensed by the board as a certified pharmacy or as an out-of-state mail order pharmacy that dispenses drugs to patients in Montana shall provide prescription drug order information for controlled substances to the registry by:

(i) electronically transmitting the information in a format established by the board unless the board has granted a waiver allowing the information to be submitted in a nonelectronic manner; and

(ii) submitting the information in accordance with time limits set by the board unless the board grants an extension because:

(A) the pharmacy has suffered a mechanical or electronic failure or cannot meet the deadline for other reasons beyond its control; or

(B) the board is unable to receive electronic submissions.

(b) This subsection (2) does not apply to:

(i) a prescriber who dispenses or administers drugs to the prescriber's patients; or

(ii) a prescription drug order for a controlled substance dispensed to a person who is hospitalized.
Mont. Code Ann. § 37-54-403 — MT Code / Title 37 / Chapter 54 / Part 4 / Section 37-54-403
37-54-403 Standards of professional appraisal practice
Status: in_force

37-54-403 . Standards of professional appraisal practice. (1) A licensed or certified real estate appraiser shall comply with generally accepted standards of professional appraisal practice, evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation. A licensed or certified real estate appraiser shall comply with these standards regardless of whether the appraisal is a federally related transaction or is capable of being performed by an unlicensed person under 37-54-201 (3).

(2) If the appraisal standards board of the appraisal foundation modifies the standards or issues supplemental standards that it considers appropriate for all classes of real estate appraisers, the modification is automatically adopted as observable in this state unless the board determines that a public hearing is necessary to determine whether the modified or supplemented standards must be observed in this state. If following the hearing the board determines that the modified or supplemented standards are appropriate, the board shall adopt the standards by rule.
Mont. Code Ann. § 37-1-201 — MT Code / Title 37 / Chapter 1 / Part 2 / Section 37-1-201
37-1-201 Purpose
Status: in_force

37-1-201 . Purpose. It is the public policy of the legislature of the state of Montana to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship. The legislature finds that the public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful occupation, while licensure must be conferred with prudence to protect the interests of the public. The legislature finds that the process of licensure will be strengthened by instituting an effective mechanism for obtaining accurate public information regarding a license applicant's criminal background.
Mont. Code Ann. § 37-8-202 — MT Code / Title 37 / Chapter 8 / Part 2 / Section 37-8-202
37-8-202 Organization -- meetings -- powers and duties
Status: in_force

37-8-202 . Organization -- meetings -- powers and duties. (1) The board shall:

(a) meet annually and elect from among the members a president and a secretary;

(b) hold other meetings when necessary to transact its business;

(c) prescribe standards for schools preparing persons for registration and licensure under this chapter;

(d) provide for surveys of schools at times the board considers necessary;

(e) approve programs that meet the requirements of this chapter and of the board;

(f) conduct hearings on charges that may call for discipline of a licensee, revocation of a license, or removal of schools of nursing from the approved list;

(g) cause the prosecution of persons violating this chapter. The board may incur necessary expenses for prosecutions.

(h) adopt rules regarding authorization for prescriptive authority of advanced practice registered nurses. If considered appropriate for an advanced practice registered nurse who applies to the board for authorization, prescriptive authority must be granted.

(i) adopt rules to define criteria for the recognition of registered nurses who are certified through a nationally recognized professional nursing organization as registered nurse first assistants; and

(j) 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. 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. For purposes of funding this medical assistance program, the board shall adjust the renewal fee to be commensurate with the cost of the program.

(2) The board may:

(a) participate in and pay fees to a national organization of state boards of nursing to ensure interstate endorsement of licenses;

(b) define the educational requirements and other qualifications applicable to recognition of advanced practice registered nurses. Advanced practice registered nurses are nurses who must have additional professional education beyond the basic nursing degree required of a registered nurse. Additional education must be obtained in courses offered in a university setting or the equivalent. The applicant must be certified or in the process of being certified by a certifying body for advanced practice registered nurses. Advanced practice registered nurses include nurse practitioners, nurse-midwives, nurse anesthetists, and clinical nurse specialists.

(c) establish qualifications for licensure of medication aides, including but not limited to educational requirements. The board may define levels of licensure of medication aides consistent with educational qualifications, responsibilities, and the level of acuity of the medication aides' patients. The board may limit the type of drugs that are allowed to be administered and the method of administration.

(d) adopt rules for delegation of nursing tasks by licensed nurses to unlicensed persons;

(e) adopt rules necessary to administer this chapter, including rules describing the circumstances that constitute a low risk of adverse birth outcomes for planned home births attended by a nurse-midwife; and

(f) fund additional staff, hired by the department, to administer the provisions of this chapter.
Mont. Code Ann. § 37-16-102 — MT Code / Title 37 / Chapter 16 / Part 1 / Section 37-16-102
37-16-102 Definitions
Status: in_force

37-16-102 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

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

(2) "Licensed hearing aid dispenser" is an individual who orders, fits, sells, and dispenses prescription hearing aids.

(3) "Over-the-counter hearing aid" has the definition specified in 21 CFR 800.30 in effect on January 1, 2023.

(4) "Permanent place of business" means the primary site in this state at which a person licensed under this chapter conducts testing and fitting of prescription hearing aids and related devices.

(5) "Practice of ordering, selling, dispensing, and fitting prescription hearing aids" means the evaluation or measurement of the powers or range of human hearing by means of an audiometer and a visual examination of the ear and canal or by any other means devised and the consequent ordering, selection, adaption, sale, dispensing, or fitting of prescription hearing aids intended to compensate for various auditory ranges, including eyeglass prescription hearing aids and their fittings, and the making of an impression of the ear and the subsequent selection of a proper ear mold, but does not include batteries, cords, or accessories.

(6) "Prescription hearing aid" has the definition specified in 21 CFR 801.422 in effect on January 1, 2023. The term does not include an over-the-counter hearing aid.

(7) "Various auditory ranges" means a diversity in the hearing process that may occur in the outer, middle, or inner ear, whereby sound waves are not converted to electrical signals and nerve impulses are not transmitted to the brain to be interpreted.
Mont. Code Ann. § 37-29-301 — MT Code / Title 37 / Chapter 29 / Part 3 / Section 37-29-301
37-29-301 License to practice required
Status: in_force

37-29-301 . License to practice required. A person shall hold a license for the practice of denturitry in order to perform the following acts:

(1) engaging or offering to engage in the practice of denturitry; or

(2) use in connection with the person's name the word or letters "denturist", "L.D.", or any other words, letters, abbreviations, or insignia implying that the person is engaged in the practice of denturitry.
Mont. Code Ann. § 37-1-309 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-309
37-1-309 Notice -- request for hearing -- method of communication and service -- fee
Status: in_force

37-1-309 . Notice -- request for hearing -- method of communication and service -- fee. (1) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board's screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated.

(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 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 board may enter a decision on the basis of the facts available to it.

(3) The board 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 board may recover all associated fees and costs.
Mont. Code Ann. § 37-47-302 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-302
37-47-302 Outfitter's qualifications
Status: in_force

37-47-302 . Outfitter's qualifications. An applicant for an outfitter's license or renewal of a license must meet the following qualifications:

(1) be 18 years of age or older, be physically capable and mentally competent to perform the duties of an outfitter, and meet experience, training, and testing requirements as prescribed by board rule; and

(2) own, hold under written lease, or contract for or represent a business entity who owns, holds under written lease, or contracts for the equipment and facilities that are necessary to provide the services advertised, contracted for, or agreed upon between the outfitter and the outfitter's clients. All equipment and facilities are subject to inspection at all reasonable times and places by the board.
Mont. Code Ann. § 37-50-316 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-316
37-50-316 Other license fees prohibited
Status: in_force

37-50-316 . Other license fees prohibited. License fees may not be imposed as a condition upon the practice of public accounting other than those provided for in this chapter.
Mont. Code Ann. § 37-2-304 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-304
37-2-304 Failure of health care provider to obtain insurance as unprofessional conduct
Status: in_force

37-2-304 . Failure of health care provider to obtain insurance as unprofessional conduct. In addition to the conduct described in 37-1-316 , failure of a health care provider, as defined in 27-6-103 , to comply with a policy or practice implementing 28-10-103 (3)(a) requiring insurance constitutes unprofessional conduct.
Mont. Code Ann. § 37-17-202 — MT Code / Title 37 / Chapter 17 / Part 2 / Section 37-17-202
37-17-202 Powers
Status: in_force

37-17-202 . Powers. (1) The board may make reasonable and necessary rules for the proper performance of its duties and for the regulation of proceedings before it.

(2) In addition to the other powers and duties set forth, the board may:

(a) revoke and suspend licenses;

(b) conduct hearings upon complaints concerning persons licensed under this chapter;

(c) cause the prosecution and enjoinder of all persons violating this chapter, by the complaint of its secretary signed with the county attorney, in the county where the violation took place and incur necessary expenses for the prosecution; and

(d) study and review new developments in research, training, and the practice of psychology and make recommendations to the governor and other state officials regarding new and revised programs and legislation related to psychology which could be beneficial to the citizens of the state of Montana.

(3) (a) The board shall require each applicant for licensure as a psychologist 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.

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

(c) The board may require a licensee 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.

(d) The Montana department of justice may share the fingerprint data obtained under this subsection (3) with the federal bureau of investigation.
Mont. Code Ann. § 37-29-101 — MT Code / Title 37 / Chapter 29 / Part 1 / Section 37-29-101
37-29-101 Short title
Status: in_force

37-29-101 . Short title. This chapter may be cited as the "Freedom of Choice in Denture Services Act of 1984".
Mont. Code Ann. § 37-69-202 — MT Code / Title 37 / Chapter 69 / Part 2 / Section 37-69-202
37-69-202 Rulemaking power -- records
Status: in_force

37-69-202 . Rulemaking power -- records. (1) The board may adopt rules necessary to carry out this chapter.

(2) The board shall adopt rules for the transaction of its business, and the department shall keep a record of the board's official actions.
Mont. Code Ann. § 37-8-408 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-408
37-8-408 Title and abbreviation of registered nurse
Status: in_force

37-8-408 . Title and abbreviation of registered nurse. Any person who holds a valid license to practice as a registered professional nurse in this state shall have the right to use the title "Registered Nurse" and the abbreviation "R.N.".
Mont. Code Ann. § 37-72-203 — MT Code / Title 37 / Chapter 72 / Part 2 / Section 37-72-203
37-72-203 Revocation, suspension, or refusal to renew license -- grounds -- procedure
Status: in_force

37-72-203 . Revocation, suspension, or refusal to renew license -- grounds -- procedure. (1) The department may reprimand or revoke, suspend, or refuse to renew the license of a person found guilty of:

(a) fraud or deceit in obtaining a license;

(b) gross negligence, incompetency, or misconduct in the practice of construction blasting;

(c) a felony involving the use of explosives; or

(d) violation of the rules of the department.

(2) A person may make charges under subsection (1) against a licensee. The charges must be made by affidavit, subscribed and sworn to by the person making them, and filed with the department. The charges must be investigated by the department. Unless the department, after investigation, dismisses the charges as unfounded or trivial, it shall within 6 months after the date on which the charges were made give notice by mail to the licensee of its intent to reprimand the licensee or to revoke, suspend, or refuse to renew the license. The notice must contain those matters required by the Montana Administrative Procedure Act.

(3) The department may require a licensee to take a written or oral examination, or both, in a proceeding to reprimand or to revoke, suspend, or refuse to renew a license.
Mont. Code Ann. § 37-46-103 — MT Code / Title 37 / Chapter 46 / Part 1 / Section 37-46-103
37-46-103 Duties of board -- rulemaking authority
Status: in_force

37-46-103 . (Effective January 1, 2026) Duties of board -- rulemaking authority. (1) The board shall:

(a) administer, coordinate, and enforce the provisions of Title 37, chapter 14, 28, 34, and 46;

(b) for each profession licensed under the chapters listed in subsection (1)(a), establish criteria for licensure;

(c) for each chapter listed under subsection (1)(a), adopt fees in accordance with 37-1-134 for:

(i) applications for licensure;

(ii) examinations;

(iii) initial license issuance; and

(iv) license renewal; and

(d) authorize the department to issue and renew licenses to qualified applicants.

(2) The board may adopt rules necessary to implement the provisions of Title 37, chapters 14, 28, 34, and 46.
Mont. Code Ann. § 37-31-312 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-312
37-31-312 Inspection -- provisional licenses
Status: in_force

37-31-312 . Inspection -- provisional licenses. (1) The department shall appoint one or more inspectors, each of whom shall devote time to inspecting salons or shops and performing other duties as the department, in cooperation with the board, may direct. The inspectors may enter a salon or shop, booth, or school during business hours for the purpose of inspection. The refusal of a licensee or school to permit the inspection during business hours is cause for license revocation.

(2) When an owner or operator applies for a shop or salon license and pays licensure and inspection fees prescribed by the board, the board:

(a) may authorize the department to grant to a new salon or shop a provisional license under 37-1-144 ; or

(b) shall, in order to avoid a disruption of business, authorize the department to grant a provisional license to an existing shop or salon whose owner or operator is currently in good standing with the board, as defined by the board by rule, and who is relocating to a new location. An owner or operator of an existing shop or salon may not receive a provisional license under this section within 90 days of a license renewal date.

(3) A provisional license granted pursuant to subsection (2) authorizes the salon, or shop to operate until an inspection is conducted of the salon or shop and the salon or shop owner or manager has had 30 days to respond in writing to all inspection report violations to the board office. A license will not be granted to a salon or shop if the board does not receive a response within 30 days from the date of the inspection or the response received does not indicate that all of the inspection violations have been corrected, in which case a new license application must be filed.

(4) The department shall require an inspector appointed under subsection (1) to conduct an annual inspection of each salon or shop in the state.
Mont. Code Ann. § 37-14-301 — MT Code / Title 37 / Chapter 14 / Part 3 / Section 37-14-301
37-14-301 Limitation of license authority -- exemptions
Status: in_force

37-14-301 . Limitation of license authority -- exemptions. (1) A person may not perform x-ray procedures on a person unless licensed or granted a limited permit under this chapter, with the following provisos:

(a) Licensure is not required for:

(i) a student enrolled in and attending a school or college of medicine, osteopathy, podiatry, dentistry, dental hygiene, chiropractic, or radiologic technology who applies x-ray radiation to persons under the specific direction of a person licensed to prescribe examinations or treatment;

(ii) a person administering x-ray examinations related to the practice of dentistry or denturitry if the person is certified by the board of dentistry as having passed an examination testing the person's proficiency to administer x-ray examinations;

(iii) a person who performs only darkroom procedures and is under the supervision of a licensed radiologic technologist or radiologist or is able to show evidence of completion of formal training in darkroom procedures as established by rule; or

(iv) a person who only operates industrial x-ray equipment that does not involve procedures administered on people.

(b) This chapter may not be construed to limit or affect in any respect the practice of their respective professions by licensed practitioners.

(2) A person licensed as a radiologic technologist may perform x-ray procedures on persons for medical, diagnostic, or therapeutic purposes under the specific direction of a person licensed to prescribe x-ray procedures.

(3) A radiologic technologist licensed under this chapter may inject contrast media and radioactive isotopes (radionuclide material) intravenously by the use of venous puncture and saline solution flush on request and direction of a licensed practitioner. In the case of contrast media, the licensed practitioner requesting the procedure, the radiologist, or personnel trained in advanced cardiac life support must be immediately available in the facility. Injections must be for diagnostic studies only and not for therapeutic purposes. Except as provided in 37-14-313 , permitted injections include peripheral intravenous injections but specifically exclude intra-arterial injections. An uncertified radiologic technologist, a limited permit holder under 37-14-306 , or an individual who is not licensed or authorized under a separate licensing act may not perform any of the activities listed in this subsection. A radiologist assistant licensed under 37-14-313 may give injections related to the procedures authorized by the board to be provided by a radiologist assistant without regard to the restrictions on radiologic technologists provided in this section, except that when contrast media is used, a licensed physician or additional medical personnel trained in advanced cardiac life support must be immediately available in the facility.
Mont. Code Ann. § 37-51-104 — MT Code / Title 37 / Chapter 51 / Part 1 / Section 37-51-104
37-51-104 Chapter supplemental to deceptive practices law
Status: in_force

37-51-104 . Chapter supplemental to deceptive practices law. Nothing contained herein may be construed to amend or modify 45-6-317 or 45-6-318 . This chapter shall be construed to be supplemental to 45-6-317 and 45-6-318 .
Mont. Code Ann. § 37-19-827 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-827
37-19-827 Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception
Status: in_force

37-19-827 . Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception. (1) Prearranged funeral or related services may be presented, negotiated, and sold to the public only by a licensed mortician.

(2) Except as provided in subsection (5), all money paid pursuant to a contract for a prearranged funeral or related services must be held in trust for the purposes for which the money was furnished until the obligations of a mortuary, a branch establishment, a crematory, a cemetery firm, or a mausoleum-columbarium corporation have been:

(a) fulfilled according to the terms of the contract; or

(b) terminated, by mutual consent of the parties, and the money is refunded to the proper party.

(3) Any interest accrued by money in a trust must be held in the trust and is subject to the terms of the trust agreement and the rules of the board.

(4) The board may require a mortuary, a branch establishment, or a crematory to provide an accounting or audit of the funds held in trust.

(5) Money paid for the purchase of a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space is not subject to the trust requirements of this section if title passes to the purchaser at the time that the payment is made.
Mont. Code Ann. § 37-6-311 — MT Code / Title 37 / Chapter 6 / Part 3 / Section 37-6-311
37-6-311 Refusal or revocation of license -- investigation
Status: in_force

37-6-311 . Refusal or revocation of license -- investigation. (1) After notice and opportunity for a hearing, the board may deny, revoke, or refuse to renew a license to practice podiatry if the consensus of the board is that an applicant is not of good moral character or has engaged in unprofessional conduct.

(2) The department may investigate whenever it is brought to its attention that a licensed podiatrist:

(a) is mentally or physically unable to engage safely in the practice of podiatry;

(b) has procured the license by fraud, misrepresentation, or through error;

(c) has been declared incompetent by a court of competent jurisdiction and has not later been lawfully declared competent;

(d) has a condition that impairs the licensee's intellect or judgment to the extent that it incapacitates the licensee in the safe performance of professional duties;

(e) has been found guilty of unprofessional conduct;

(f) has practiced podiatry while the license was suspended or revoked;

(g) has had the license suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or

(h) while under probation has violated its terms.

(3) The investigation must be for the purpose of determining the probability that the alleged conditions exist or that the alleged offenses were committed. The board may examine the medical records and reports of a licensee from the examination as part of the investigation, and copies must be released to the board on written request.

(4) If a person holding a license to practice podiatry under this chapter is by a final order or adjudication of a court of competent jurisdiction determined to be mentally incompetent, to be addicted to the use of narcotics, or to have been committed pursuant to 53-21-127 , the license may be suspended by the board. The suspension continues until the licensee is found by the court to be restored to reason or cured or until the licensee is discharged as restored to reason or cured and the licensee's professional competence has been proved to the satisfaction of the board.
Mont. Code Ann. § 37-3-333 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-333
37-3-333 Written informed consent for breast cancer treatment
Status: in_force

37-3-333 . Written informed consent for breast cancer treatment. (1) For the purpose of this section, "written informed consent" means an agreement in writing that is freely executed by the patient that certifies that full disclosure has been made to the patient about:

(a) the full range of efficacious medical treatment alternatives that may be viable, including surgical procedures relating to the removal of breast tissue, radiological or chemotherapeutic treatments or any other generally accepted medical treatment, or combinations of procedures and treatments;

(b) the advantages, disadvantages, risks, and descriptions of the procedures and treatments listed in subsection (1)(a); and

(c) aspects of recovery, including the options that are available for reconstructive surgery.

(2) Failure of a physician or surgeon to provide written informed consent as provided in subsection (1) constitutes unprofessional conduct.
Mont. Code Ann. § 37-7-402 — MT Code / Title 37 / Chapter 7 / Part 4 / Section 37-7-402
37-7-402 Penalty for violation of provisions on sale or prescription of opiates, coding, refilling
Status: in_force

37-7-402 . Penalty for violation of provisions on sale or prescription of opiates, coding, refilling. Any person found guilty of the violation of 37-7-401 shall be punished for each separate offense (and each and every individual case shall constitute a separate offense) by a fine of not less than $50 or more than $500 or by imprisonment in the county jail for a period of not less than 60 days or more than 100 days or by both such fine and imprisonment.
Mont. Code Ann. § 37-61-413 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-413
37-61-413 Former public prosecutors not to defend
Status: in_force

37-61-413 . Former public prosecutors not to defend. An attorney and counselor who has brought, carried on, aided, advocated, or prosecuted or has been in anywise connected with an action or special proceeding, civil or criminal, as attorney general, county attorney, or other public prosecutor, must not, at any time thereafter, directly or indirectly advise concerning, aid, or take any part in the defense thereof; or take or receive, either directly or indirectly, from a defendant therein or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, either express or implied, having relation thereto or to the prosecution or defense thereof.
Mont. Code Ann. § 37-60-403 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-403
37-60-403 Licensee advertising
Status: in_force

37-60-403 . Licensee advertising. Every advertisement by a licensee soliciting or advertising business must contain the licensee's name, address, and license number as they appear in the records of the department.
Mont. Code Ann. § 37-3-807 — MT Code / Title 37 / Chapter 3 / Part 8 / Section 37-3-807
37-3-807 Termination of participation in health corps
Status: in_force

37-3-807 . Termination of participation in health corps. The board may take disciplinary action against a physician participating in the health corps program as provided in Title 37 and may terminate a physician's participation in the health corps program based upon the disciplinary action.
Mont. Code Ann. § 37-54-516 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-516
37-54-516 Alteration of appraisal report
Status: in_force

37-54-516 . Alteration of appraisal report. An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser unless the alteration is mandated by federal laws, guidelines, or provisions. This section does not apply to the conversion of appraisal reports to data streams required by federal lending agencies.
Mont. Code Ann. § 37-1-314 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-314
37-1-314 Reinstatement
Status: in_force

37-1-314 . Reinstatement. (1) Unless a board orders a permanent revocation, a licensee whose license has been revoked may petition the board for reinstatement after an interval set by the board in the order. The board may hold a hearing on the petition and may deny the petition or order reinstatement and impose the terms and conditions as provided in 37-1-312 .

(2) The board may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked as a new applicant for the purposes of establishing licensure qualifications.
Mont. Code Ann. § 37-61-405 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-405
37-61-405 Death or removal of attorney
Status: in_force

37-61-405 . Death or removal of attorney. When an attorney dies or is removed or suspended or ceases to act as an attorney, a party to an action for whom the attorney was acting as attorney must, before any further proceedings are had against the party, be required by the adverse party, by written notice, to appoint another attorney or appear in person.
Mont. Code Ann. § 37-8-434 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-434
37-8-434 Criminal background check
Status: in_force

37-8-434 . Criminal background check. (1) Each applicant for licensure shall 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. The Montana department of justice may share this fingerprint data with the federal bureau of investigation.

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

(3) 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 state and federal criminal history background check. The Montana department of justice may share this fingerprint data with the federal bureau of investigation.
Mont. Code Ann. § 37-2-703 — MT Code / Title 37 / Chapter 2 / Part 7 / Section 37-2-703
37-2-703 Report of prohibition or limitation on practice by hospital
Status: in_force

37-2-703 . Report of prohibition or limitation on practice by hospital. With the exception of the first two violations of hospital policies related to charts, medical records, or other policies not directly associated with the clinical care of a patient, each hospital or health care facility that prohibits or limits the privilege of a physician to practice medicine within that facility shall report the action to the state board of medical examiners within 30 days after the action is taken. The report must include each reason for the prohibition or limitation.
Mont. Code Ann. § 37-61-421 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-421
37-61-421 Attorney's or litigant's liability for excess costs
Status: in_force

37-61-421 . Attorney's or litigant's liability for excess costs. An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorney fees reasonably incurred because of such conduct.
Mont. Code Ann. § 37-60-409 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-409
37-60-409 Installation of new security alarm systems by electrician
Status: in_force

37-60-409 . Installation of new security alarm systems by electrician. An electrician who has received a license from the department pursuant to 37-68-301 may install new security alarm systems under the direction of a licensed security alarm installer. Work performed by an electrician under this section is subject to inspection and approval by a security alarm installer licensed under 37-60-303 .
Mont. Code Ann. § 37-16-408 — MT Code / Title 37 / Chapter 16 / Part 4 / Section 37-16-408
37-16-408 Deposit of fees, fines, and costs
Status: in_force

37-16-408 . Deposit of fees, fines, and costs. Fees, fines, and costs collected under this chapter, except those collected by a justice's court, must be deposited in the state special revenue fund for the use of the department, subject to appropriations and 37-1-101 (6).
Mont. Code Ann. § 37-1-136 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-136
37-1-136 Disciplinary authority of boards -- injunctions
Status: in_force

37-1-136 . Disciplinary authority of boards -- injunctions. (1) Subject to 37-1-138 , each licensing board allocated to the department has the authority, in addition to any other penalty or disciplinary action provided by law, to adopt rules specifying grounds for disciplinary action and rules providing for:

(a) revocation of a license;

(b) suspension of its judgment of revocation on terms and conditions determined by the board;

(c) suspension of the right to practice for a period not exceeding 1 year;

(d) placing a licensee on probation;

(e) reprimand or censure of a licensee; or

(f) taking any other action in relation to disciplining a licensee as the board in its discretion considers proper.

(2) Any disciplinary action by a board must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.

(3) An action may not be taken against a person who is in compliance with Title 16, chapter 12, part 5.

(4) Rules adopted under subsection (1) must provide for the provision of public notice as required by 37-1-311 .
Mont. Code Ann. § 37-60-402 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-402
37-60-402 Confidentiality of information -- false reports -- badges and uniforms -- illegal entry
Status: in_force

37-60-402 . Confidentiality of information -- false reports -- badges and uniforms -- illegal entry. (1) A licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or county attorney or representative of the county attorney any information that the licensee or officer, director, partner, or manager of a licensee may acquire as to any criminal offense but may not divulge to any other person, except as required by law, any information acquired except at the direction of the employer or client for whom the information was obtained.

(2) A licensee or officer, director, partner, manager, or employee of a licensee may not knowingly make any false report to an employer or client for whom information was being obtained.

(3) A written report may not be submitted to a client except by the licensee or a person authorized by the licensee, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.

(4) A licensee or officer, director, partner, manager, or employee of a licensee may not use a title, wear a uniform, use an identification card, or make any statement with the intent to give an impression that the licensee or officer, director, partner, manager, or employee of a licensee is connected in any way with the federal government, a state government, a law enforcement agency, or any political subdivision of a state government unless the licensee has a contract with the agency.

(5) A licensee or officer, director, partner, manager, or employee of a licensee may not enter any private building or portion of a private building without the consent of the owner or of the person in legal possession of the private building.
Mont. Code Ann. § 37-50-305 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-305
37-50-305 Education requirements -- definition
Status: in_force

37-50-305 . Education requirements -- definition. (1) An applicant for initial licensure as a certified public accountant must have:

(a) graduated from an accredited college or university with a baccalaureate degree; and

(b) met the requirements for accounting and business course credit hours specified by board rule.

(2) (a) A licensee shall obtain continuing education credits as provided by board and department rule.

(b) If an audit conducted under 37-1-306 results in more than 15% of the audited licensees being noncompliant before the department administers the provisions of 37-1-321 , in the subsequent audit year the board may audit up to 100% of the licensees.

(3) For the purposes of this section, "initial licensure" means that the applicant has never been licensed as a certified public accountant by any jurisdiction.
Mont. Code Ann. § 37-77-102 — MT Code / Title 37 / Chapter 77 / Part 1 / Section 37-77-102
37-77-102 License requirements
Status: in_force

37-77-102 . (Temporary -- effective January 1, 2026) License requirements. (1) Beginning January 1, 2027, a person may not practice as a doula unless licensed under Title 37, chapters 1 and 77.

(2) The department shall license a person as a doula if the person pays the fees prescribed by the department and:

(a) submits a completed application as required by the department;

(b) satisfactorily completes competencies that meet the requirements established by the department by rule;

(c) has not engaged in unprofessional conduct as defined in 37-1-410 ; and

(d) is not currently subject to any disciplinary proceedings.

(3) The department may issue a limited license to qualified individuals engaged in supervised professional experience as defined by rule. (Terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 37-16-401 — MT Code / Title 37 / Chapter 16 / Part 4 / Section 37-16-401
37-16-401 License required -- exception
Status: in_force

37-16-401 . License required -- exception. Except as provided in 37-16-103 , a person may not engage in selling, dispensing, or fitting hearing aids or display a sign or in any other way advertise the selling, dispensing, or fitting of hearing aids in Montana unless the person holds a current license issued by the department.
Mont. Code Ann. § 37-31-308 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-308
37-31-308 Exemption for persons with disabilities
Status: in_force

37-31-308 . Exemption for persons with disabilities. A person with a physical disability who is trained to practice under this chapter by the department of public health and human services is, for a period of 1 year immediately following graduation, exempt from the examination and the fees described in 37-31-323 . On certification from the department of public health and human services that a department of public health and human services beneficiary has successfully completed the required training in a school, the department shall issue the person the necessary license to practice the profession in this state.
Mont. Code Ann. § 37-7-306 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-306
37-7-306 Clinical pharmacist practitioner endorsement required -- qualifications -- scope of practice
Status: in_force

37-7-306 . Clinical pharmacist practitioner endorsement required -- qualifications -- scope of practice. (1) A pharmacist may not practice as a clinical pharmacist practitioner without an endorsement issued under Title 37, chapter 1, and this chapter.

(2) An applicant for a clinical pharmacist practitioner endorsement must have:

(a) a pharmacist license issued under Title 37, chapter 1, and this chapter;

(b) education, experience, or certification as required by the board in concurrence with the board of medical examiners; and

(c) a current collaborative pharmacy practice agreement.

(3) The requirements in subsections (2)(a) through (2)(c) must be maintained for active licensure and are subject to audit as provided in 37-1-306 .

(4) For the purposes of this section, a clinical pharmacist practitioner provides drug therapy management, including initiating, modifying, or discontinuing therapies, identifying and managing drug-related problems, or ordering tests under the direction or supervision of a prescriber provided through a collaborative pharmacy practice agreement as defined in this chapter.
Mont. Code Ann. § 37-33-403 — MT Code / Title 37 / Chapter 33 / Part 4 / Section 37-33-403
37-33-403 Definitions
Status: in_force

37-33-403 . Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the board of massage therapy provided for in 2-15-1782 .

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

(3) "Massage therapist", "licensed massage therapist", "L.M.T.", "masseur", or "masseuse" means a person who is licensed by the board to practice massage therapy. The terms 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.

(4) (a) (i) "Massage therapy" when provided by a massage therapist means the application of a system of structured touch, pressure, positioning, or holding to soft tissues of the body, Swedish massage, effleurage, petrissage, tapotement, percussion, friction, vibration, compression, passive and active stretching or movement within the normal anatomical range of motion, the external application of water, heat, cold, lubricants, salts, skin brushing, or other topical preparations not classified as prescription drugs, providing information for self-care stress management, and the determination of whether massage is contraindicated and whether referral to another health care practitioner is recommended.

(ii) The techniques described in subsection (4)(a)(i) must be applied by the massage therapist through the use of hands, forearms, elbows, knees, or feet or through the use of hand-held tools that mimic or support the action of the hands and are primarily intended to enhance or restore health and well-being by promoting pain relief, stress reduction, and relaxation.

(b) The term does not include providing examinations for the purpose of diagnosis, providing treatments that are outside the scope of massage therapy, attempts to adjust, manipulate, or mobilize any articulations of the body or spine by the use of high-velocity, low-amplitude thrusting force, exercise, exercise instruction or prescription, or the use of tape when applied to restrict joint movement, manual or mechanical traction when applied to the spine or extremities for the purposes of joint mobilization or manipulation, injection therapy, laser therapy, microwave diathermy, electrical stimulation, ultrasound, iontophoresis, or phonophoresis.
Mont. Code Ann. § 37-7-712 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-712
37-7-712 Rulemaking authority
Status: in_force

37-7-712 . Rulemaking authority. The board of pharmacy may adopt rules to implement this part.
Mont. Code Ann. § 37-67-329 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-329
37-67-329 Emeritus status
Status: in_force

37-67-329 . Emeritus status. On October 1, 2015, any licensee previously approved for emeritus status under this chapter becomes an inactive licensee subject to rules of the board regarding inactive licensee status.
Mont. Code Ann. § 37-4-311 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-311
37-4-311 Rehabilitation
Status: in_force

37-4-311 . Rehabilitation. The board shall establish a rehabilitation or 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.
Mont. Code Ann. § 37-10-103 — MT Code / Title 37 / Chapter 10 / Part 1 / Section 37-10-103
37-10-103 Use of drugs not prohibited by pharmacy law
Status: in_force

37-10-103 . Use of drugs not prohibited by pharmacy law. The use of drugs by a licensed optometrist as stated in 37-10-101 is not prohibited by Title 37, chapter 7.
Mont. Code Ann. § 37-65-307 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-307
37-65-307 Deposit of license fees
Status: in_force

37-65-307 . Deposit of license fees. All fees and moneys received by the department for licenses from practicing architects shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-1-149 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-149
37-1-149 Complaint filing protected -- unprofessional conduct
Status: in_force

37-1-149 . Complaint filing protected -- unprofessional conduct. (1) A contract or agreement provision is void if it prohibits, discourages, or otherwise bars or purports to bar:

(a) the filing or pursuing of a complaint allowable under 37-1-308 or 37-1-402 ; or

(b) an individual from participating in or cooperating with an investigation of a complaint filed under 37-1-308 or 37-1-402 .

(2) It is unprofessional conduct for a licensee to:

(a) be party to a contract or agreement in violation of this section; or

(b) retaliate against a person for filing a complaint allowable under 37-1-308 or 37-1-402 .

(3) This section does not apply to general waivers of claims. General waivers of claims may not be interpreted to apply to complaints allowable under 37-1-308 or 37-1-402 .
Mont. Code Ann. § 37-65-203 — MT Code / Title 37 / Chapter 65 / Part 2 / Section 37-65-203
37-65-203 Exclusive licensing jurisdiction -- no additional fee
Status: in_force

37-65-203 . Exclusive licensing jurisdiction -- no additional fee. The board is vested with exclusive jurisdiction to issue licenses for the privilege of practicing architecture. No other state agency or political subdivision of the state, including counties and municipalities, may levy any fee or tax for such privilege.
Mont. Code Ann. § 37-10-101 — MT Code / Title 37 / Chapter 10 / Part 1 / Section 37-10-101
37-10-101 Definitions -- practice of optometry
Status: in_force

37-10-101 . Definitions -- practice of optometry. (1) The practice of optometry is the profession constituting the art and science of visual care and includes any one of the following acts:

(a) the optometric examination or optometric diagnosis of all of those physiological or anatomical parts or functions that consummate the process of human vision to ascertain the presence of abnormal conditions or functions that may be optometrically diagnosed, corrected, remedied, relieved, or enhanced;

(b) the employment of any optometric means for the purpose of detecting any condition of the process of vision that may have any significance in a complete optometric eye and vision examination, including the employment and administration of drugs topically applied for examination purposes;

(c) the application or prescription of ophthalmic lenses, contact lenses, prisms, orthoptics, visual training, and any physical, mechanical, or physiological therapy and the furnishing or application of any prosthetic or therapeutic devices for the correction or relief of visual or ocular anomalies;

(d) the administration, dispensation, and prescription of the oral analgesics codeine, propoxyphene, hydrocodone, and dihydrocodeine, alone or in combination with nonscheduled or nonregulated drugs; and

(e) the administration, dispensation, and prescription of those drugs approved by the board for use in ocular treatment limited to the eye and adnexa. Glaucoma may be treated.

(2) Subsection (1) does not prohibit an optometrist from removing from the eye or adnexa a foreign body that is not intraocular.

(3) Subsection (1) allows an optometrist to perform in-office surgical procedures and laser surgical procedures limited to the anterior segment of the eye and adnexa, excluding penetrating intraocular surgery, intravitreal injection, and refractive surgery. An optometrist may perform laser surgical procedures only if the optometrist is certified by the board in accordance with 37-10-302 .

(4) Unless the context requires otherwise, in this chapter:

(a) "board" means the board of optometry provided for in 2-15-1736 ; and

(b) "department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
Mont. Code Ann. § 37-25-201 — MT Code / Title 37 / Chapter 25 / Part 2 / Section 37-25-201
37-25-201 Powers and duties of board
Status: in_force

37-25-201 . Powers and duties of board. In addition to all other powers and duties conferred and imposed on the board by Title 37, chapter 1, and this chapter, the board shall adopt rules that set professional, practice, and ethical standards for licensed dietitians and nutritionists and other rules as may be necessary for the administration of this chapter.
Mont. Code Ann. § 37-3-204 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-204
37-3-204 Meetings
Status: in_force

37-3-204 . Meetings. The board shall hold meetings for business properly before the board at least twice annually at times and places set by the board. The president of the board may call special meetings that the president considers advisable or necessary.
Mont. Code Ann. § 37-1-204 — MT Code / Title 37 / Chapter 1 / Part 2 / Section 37-1-204
37-1-204 Statement of reasons for denial
Status: in_force

37-1-204 . Statement of reasons for denial. When a licensing agency prohibits an applicant from being licensed wholly or partially on the basis of a criminal conviction, the agency shall state explicitly in writing the reasons for the decision.
Mont. Code Ann. § 37-61-420 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-420
37-61-420 Judgment lien for compensation
Status: in_force

37-61-420 . Judgment lien for compensation. (1) The compensation of an attorney and counselor for services is governed by agreement, express or implied, which is not restrained by law.

(2) Once an attorney is engaged by a client, the attorney who performs services, including an attorney who performs services as a third-party neutral, such as a mediator or settlement master, has a lien on any subjects of the client's legal matter that attaches to a settlement, decree, verdict, arbitration award, report, decision, contractual consideration received by the client, or judgment in the client's favor.

(3) An attorney who performs services in a transactional matter has a lien that attaches to any property that is the subject of the transaction.

(4) An attorney may assert an attorney lien on any property that is the subject of the client's legal matter without breach of attorney-client privilege if the attorney acts in accordance with Rule 1.6 of the Montana Rules of Professional Conduct.

(5) An attorney may not place a lien on property not involved in the legal matter for which the attorney rendered services without consent of the client in writing and subscribed by the client.

(6) An attorney lien does not attach to real property until the lien is recorded with the clerk and recorder's office in the county in which the real property is situated. The recorded lien must contain the amount of the lien, the name of the attorney asserting the lien, the client against whom the lien is asserted, and the legal description of the property against which the lien is asserted. The lien must be mailed to the client's last-known address or e-mailed to the client's last-known e-mail address.

(7) An attorney shall state to a client in an engagement agreement that if fees are unpaid an attorney lien may be asserted, or the attorney shall communicate the assertion of a lien to the client at the client's last-known address or e-mail address at the time of asserting the lien. Failure to communicate the lien to the client is not grounds for voiding, dismissing, or invalidating the lien. A client's consent in writing to the assertion of a lien on any property that is the subject of the client's legal matter is an irrebuttable presumption the attorney complied with this subsection.

(8) Foreclosure of the lien provided for in this section is governed by 27-2-202 (1).

(9) As used in this section, "client" includes a "former client" pursuant to the Montana Rules of Professional Conduct.
Mont. Code Ann. § 37-29-404 — MT Code / Title 37 / Chapter 29 / Part 4 / Section 37-29-404
37-29-404 Guarantee
Status: in_force

37-29-404 . Guarantee. Denturist services must be unconditionally guaranteed for a period of not less than 90 days.
Mont. Code Ann. § 37-51-208 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-208
37-51-208 Deposit of money not otherwise provided for
Status: in_force

37-51-208 . Deposit of money not otherwise provided for. Whenever money is received by the board or by the department for the use of the board and there is no provision for the disposition or deposit of the money, the money is to be deposited in the state special revenue fund for the use of the board.
Mont. Code Ann. § 37-51-103 — MT Code / Title 37 / Chapter 51 / Part 1 / Section 37-51-103
37-51-103 Exemptions
Status: in_force

37-51-103 . Exemptions. (1) An act performed for compensation of any kind in the buying, selling, exchanging, leasing, or renting of real estate or in negotiating a real estate transaction for others, except as specified in this section, must identify the person performing any of the acts as a real estate broker or a real estate salesperson. The licensing provisions of this chapter do not:

(a) apply to any person who, as owner or lessor, performs any acts listed in subsection (1) with reference to property owned or leased by the person or to an auctioneer employed by the owner or lessor to aid and assist in conducting a public sale held by the owner or lessor;

(b) apply to any person acting as attorney-in-fact under a special or general power of attorney from the owner of any real estate authorizing the purchase, sale, exchange, renting, or leasing of any real estate, unless the person acting as attorney-in-fact does so regularly or consistently for a person or persons, for or with the expectation of receiving a fee, commission, or other valuable consideration in conjunction with a business or for the purpose of avoiding license requirements;

(c) include in any way the services rendered by any attorney at law in the performance of the attorney's duties;

(d) apply to any person appointed by a court for the purpose of evaluating or appraising an estate in a probate matter;

(e) include a receiver, a trustee in bankruptcy, an administrator or executor, any person selling real estate under order of any court, a trustee under a trust agreement, deed of trust, or will, or an auctioneer employed by a receiver, trustee in bankruptcy, administrator, executor, or trustee to aid and assist in conducting a public sale held by the officer;

(f) apply to public officials in the conduct of their official duties;

(g) apply to any person, partnership, association, or corporation, foreign or domestic, performing any act with respect to prospecting, leasing, drilling, or operating land for hydrocarbons and hard minerals or disposing of any hydrocarbons, hard minerals, or mining rights, whether upon a royalty basis or otherwise;

(h) apply to a person performing any act with respect to the following types of land transactions:

(i) right-of-way transfers for roads, utilities, and other public purposes, not including conservation easements or easements for recreational purposes;

(ii) condemnations; or

(iii) governmental or tribal permits; or

(i) apply to property managers licensed under 37-56-105 .

(2) The provisions of this chapter do not apply to:

(a) a newspaper or other publication of general circulation;

(b) a radio or television station engaged in the normal course of business; or

(c) digital media platforms that host advertisements for the sale of real estate but otherwise do not engage in activity with respect to the advertisements for which a license as a real estate broker or a real estate salesperson is required. A broker or salesperson who operates or is affiliated with a digital media platform that hosts advertisements for the sale of real property on the digital media platform but who otherwise does not engage in activity with respect to the advertisements for which a license as a real estate broker or real estate salesperson is required may not be considered to be representing or providing real estate broker or real estate salesperson services to any seller or landlord who posts property to the digital media platform.
Mont. Code Ann. § 37-61-414 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-414
37-61-414 Partners not to appear on opposite sides
Status: in_force

37-61-414 . Partners not to appear on opposite sides. Whenever a law partnership or any member thereof accepts employment to prosecute or defend any action, civil or criminal, or to advise in relation thereto, no member of said partnership is permitted, then or afterward, to act as attorney or counselor on the side opposite to that upon which such original employment was had. This section does not prevent a person who has been employed as attorney and counselor in an action or proceeding before becoming a member of a partnership from appearing and acting therein until its completion.
Mont. Code Ann. § 37-18-702 — MT Code / Title 37 / Chapter 18 / Part 7 / Section 37-18-702
37-18-702 Licensed veterinary technician scope of practice
Status: in_force

37-18-702 . Licensed veterinary technician scope of practice. (1) A licensed veterinary technician may, under written authorization and direction of a veterinarian licensed under this chapter, administer or dispense drugs, medicines, or appliances and perform procedures as provided by rule.

(2) In an emergency, a licensed veterinary technician is subject to the authority of the supervising licensed veterinarian as provided in 37-18-309 .
Mont. Code Ann. § 37-19-706 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-706
37-19-706 Disposition of cremated remains
Status: in_force

37-19-706 . Disposition of cremated remains. (1) The person arranging the cremation shall require the authorizing agent to provide a signed statement that specifies the ultimate disposition of the cremated remains, if known.

(2) The authorizing agent is responsible for specifying the disposition of the cremated remains. If, after a period of 90 days from the date of cremation, the authorizing agent has not specified the ultimate disposition or claimed the cremated remains, the crematory or person in possession of the cremated remains is responsible for disposition of the cremated remains and may then dispose of the cremated remains in any manner permitted by law. A record of the disposition must be made and kept by the crematory operator. This subsection applies to all cremated remains in the possession of a crematory or other party.

(3) Except with the express written consent of the authorizing agent, a person may not:

(a) dispose of or scatter cremated remains in a manner or in a location that commingles the cremated remains with those of another person. The provisions of this subsection (3) do not apply to the scattering of cremated remains from individual containers over public waterways or by air or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for that purpose.

(b) place cremated remains of more than one person in the same closed container.

(4) Cremated remains must be delivered to the individual specified by the authorizing agent on the cremation authorization form.

(5) A representative of the crematory and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased and the date, time, and place of the delivery. The crematory shall retain a copy of the receipt, and the original must be given to the authorizing agent. After this delivery, the cremated remains may be transported, in this state, without a permit and disposed of in accordance with this chapter.
Mont. Code Ann. § 37-18-306 — MT Code / Title 37 / Chapter 18 / Part 3 / Section 37-18-306
37-18-306 Display of license and certificate
Status: in_force

37-18-306 . Display of license and certificate. A person may not practice veterinary medicine in this state without possessing and displaying prominently in the person's principal office a current and valid license issued under this part.
Mont. Code Ann. § 37-2-317 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-317
37-2-317 Recognition of federal authority
Status: in_force

37-2-317 . Recognition of federal authority. The state of Montana recognizes that the Indian Health Care Improvement Act, 25 U.S.C. 1601, et seq.:

(1) provides the federal secretary of health and human services, acting through the Indian health service, with the authority to:

(a) establish a community health aide program in the state of Montana; and

(b) establish and maintain a community health aide certification board to adopt certification standards for individuals to act as specific aides within the program, including community health aides, behavioral health aides, and dental health aide therapists; and

(2) requires dental health aide therapist services to be excluded from the community health aide program in Montana unless the services are authorized under state law and provided in accordance with state law.
Mont. Code Ann. § 37-34-302 — MT Code / Title 37 / Chapter 34 / Part 3 / Section 37-34-302
37-34-302 Exemptions
Status: in_force

37-34-302 . Exemptions. (1) This chapter does not limit or regulate the practice of licensed physicians, including but not limited to pathologists.

(2) This chapter does not apply to:

(a) any other profession licensed under Title 37 to the extent that the applicable scope of that practice, as defined by statute, rules of the board or agency governing the other profession, or both the statute and rules, authorizes the performance of a clinical laboratory test;

(b) clinical laboratory science practitioners employed by the United States or by any bureau, division, or agency of the United States, while in the discharge of the employee's official duties;

(c) clinical laboratory science practitioners engaged in teaching or research, provided that the results of any examination performed are not used in health maintenance, diagnosis, or treatment of disease;

(d) students or trainees enrolled in a clinical laboratory science education or training program, provided that:

(i) these activities constitute a planned course in the program;

(ii) the persons are designated by a title, such as intern, trainee, or student; and

(iii) the persons work directly under an individual licensed by this state to practice clinical laboratory science;

(e) any person performing only waived tests as provided for in the federal clinical laboratory regulations set forth in 42 CFR part 493;

(f) a perfusionist or cardiopulmonary technician who, as part of a surgical team, performs laboratory tests in an operating room during surgery or during the perioperative and immediate postoperative period; or

(g) clinical laboratory science practitioners, employed by certified rural health clinics, who perform only those basic laboratory services required under federal regulations set forth in 42 CFR 491.9(c)(2).
Mont. Code Ann. § 37-2-302 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-302
37-2-302 Gunshot or stab wounds to be reported
Status: in_force

37-2-302 . Gunshot or stab wounds to be reported. A physician, nurse, or other person licensed to practice a health care profession who is treating the victim of a gunshot wound or stabbing shall as soon as is practicable make a report to a law enforcement officer by the fastest possible means.
Mont. Code Ann. § 37-7-1507 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1507
37-7-1507 Prescription drug registry -- immunity
Status: in_force

37-7-1507 . Prescription drug registry -- immunity. (1) A person or entity that complies with the reporting requirements of 37-7-1503 is not subject to civil liability or other legal or equitable relief for reporting the information to the board.

(2) Unless a court of competent jurisdiction finds that a person or entity committed an unlawful act pursuant to 37-7-1513 , a person or entity in proper possession of information pursuant to this part is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:

(a) furnishing information pursuant to 37-7-1502 through 37-7-1506 ;

(b) receiving, using or relying on, or not using or relying on information received pursuant to 37-7-1502 through 37-7-1506 ; or

(c) relying on information that was entered into the registry in error, was factually incorrect, or was released by the board to the wrong person or entity.

(3) The immunity provisions of this section do not apply to the board, a state agency, or any political subdivision of the state.
Mont. Code Ann. § 37-7-703 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-703
37-7-703 Out-of-state mail order pharmacy -- registration requirements
Status: in_force

37-7-703 . Out-of-state mail order pharmacy -- registration requirements. (1) Each out-of-state mail order pharmacy must be registered under Title 37, chapter 1, and this chapter.

(2) To register or to renew its registration, an out-of-state mail order pharmacy shall:

(a) submit a certificate from the appropriate licensing authority with which it is currently licensed and in good standing in the state in which its dispensing facilities are located;

(b) comply with all applicable laws, regulations, and standards of that state and the United States and, if requested by the board, provide evidence that it has complied;

(c) register with the board and provide information on ownership and location, including the names and titles of the corporate officers, of the out-of-state mail order pharmacy and the identity of a pharmacist licensed in the state in which the pharmacy is located who is in charge of dispensing prescriptions for shipment to Montana from the out-of-state mail order pharmacy;

(d) submit to the board proof of the pharmacist's good standing with the licensing authority in the state where the pharmacist is employed for each pharmacist identified under subsection (2)(c) and shall provide to the board the same toll-free telephone service referenced in 37-7-706 in order to comply with all information requests by the board; and

(e) pay an initial registration fee and a periodic renewal fee in an amount to be determined by the board and at a time established by the department by rule.
Mont. Code Ann. § 37-54-303 — MT Code / Title 37 / Chapter 54 / Part 3 / Section 37-54-303
37-54-303 Classes of certification -- education and experience requirements
Status: in_force

37-54-303 . Classes of certification -- education and experience requirements. (1) A real estate appraiser may be certified in one or both of the following classes:

(a) general real estate, which relates to the appraisal of all types of real property;

(b) residential real estate, which relates to the appraisal of expensive or complex 1 to 4 family homes.

(2) The board shall adopt rules pertaining to real estate appraisal education and experience that are at least as stringent as those required for compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Mont. Code Ann. § 37-56-108 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-108
37-56-108 Transactions with nonlicensed persons unlawful -- action for compensation limited to licensees
Status: in_force

37-56-108 . Transactions with nonlicensed persons unlawful -- action for compensation limited to licensees. (1) It is unlawful for a licensed property manager to employ or compensate, directly or indirectly, a person who is not a licensed property manager for performing the acts regulated by this part.

(2) A person seeking to collect compensation for the lease of real estate shall demonstrate licensure or exemption from licensure.
Mont. Code Ann. § 37-43-104 — MT Code / Title 37 / Chapter 43 / Part 1 / Section 37-43-104
37-43-104 Licensed monitoring well constructor to supervise all construction of monitoring wells
Status: in_force

37-43-104 . Licensed monitoring well constructor to supervise all construction of monitoring wells. (1) Any firm, corporation, or partnership may engage in the business of constructing or installing monitoring wells provided a licensed monitoring well constructor is in charge of all monitoring well installation.

(2) The licensed monitoring well constructor must be physically present at the site throughout the construction of the monitoring well.
Mont. Code Ann. § 37-7-1408 — MT Code / Title 37 / Chapter 7 / Part 14 / Section 37-7-1408
37-7-1408 Donated drugs and devices -- immunity
Status: in_force

37-7-1408 . Donated drugs and devices -- immunity. (1) A resident or former resident of a long-term care facility and the long-term care facility donating a prescription drug, a cancer drug, or a device as part of the programs created pursuant to this part are not liable for simple negligence in the donation of a drug or device if the requirements of this part and the rules implementing this part have been complied with.

(2) Except as provided in subsection (3):

(a) a person or entity, including the manufacturer of a cancer drug or device that exercises reasonable care in donating, accepting, distributing, or dispensing a cancer drug or device under the provisions of 37-7-1403 through 37-7-1405 and rules adopted by the board, is immune from civil or criminal liability or professional disciplinary action of any kind for an injury, death, or loss to a person or property relating to the accepting, distributing, or dispensing of the cancer drug or device;

(b) a person or entity, unless directly negligent, is not liable for the negligence or lack of care of other persons or entities and is entitled to the immunity of this part.

(3) (a) The donation of a cancer drug or device by the manufacturer of the drug or device does not absolve the manufacturer from criminal or civil liability or increase a liability that would have existed had the drug or device not been donated.

(b) The civil immunity provisions of subsection (2) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
Mont. Code Ann. § 37-19-202 — MT Code / Title 37 / Chapter 19 / Part 2 / Section 37-19-202
37-19-202 Meetings -- rulemaking power
Status: in_force

37-19-202 . Meetings -- rulemaking power. The board shall hold meetings as may be necessary. The board may adopt and enforce rules to carry out the purposes of this chapter.
Mont. Code Ann. § 37-68-302 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-302
37-68-302 Unauthorized use of title
Status: in_force

37-68-302 . Unauthorized use of title. A person, firm, partnership, corporation, or association may not assume or use the title or designation of licensed master electrician, master electrician, licensed journeyman electrician, journeyman electrician, licensed residential electrician, residential electrician, licensed electrician, or electrician unless qualified and licensed under this chapter.
Mont. Code Ann. § 37-1-147 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-147
37-1-147 Licensing and certification reciprocity for military members, military spouses, and veterans -- requirements
Status: in_force

37-1-147 . Licensing and certification reciprocity for military members, military spouses, and veterans -- requirements. (1) A board or program regulated by the department shall issue a license or certificate as provided by Title 37 to a person:

(a) who is licensed or certified in good standing in another state or a United States territory to practice a profession or occupation regulated by the department;

(b) who is a member of the armed forces of the United States or whose spouse is a member of the armed forces of the United States;

(c) who is subject to military orders for a change of station to a duty station in this state, who is in the process of a change of station to a duty station in this state, who has been honorably discharged and is relocated to this state, or whose spouse is the subject of a military transfer to this state; or

(d) who is the spouse of a military member.

(2) In issuing a license or certificate under subsection (1), the board or program may:

(a) issue the person a license or certificate if the board or program determines the requirements for licensure or certification in the other state are substantially equivalent to the requirements in this state; or

(b) if the requirements for licensure or certification are not substantially equivalent, issue the person a temporary license or certificate to authorize the person to practice a profession or occupation while completing any specific requirements by the board or program.

(3) The provisions of subsection (1) do not apply to a person whose license or certificate is not in good standing with another state or who is subject to pending charges or final disciplinary action for unprofessional conduct or impairment.
Mont. Code Ann. § 37-55-101 — MT Code / Title 37 / Chapter 55 / Part 1 / Section 37-55-101
37-55-101 Definitions
Status: in_force

37-55-101 . (Effective January 1, 2026) Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of labor and industry.

(2) (a) "Home inspection" means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. Home inspections are performed for compensation and employ visual observation and the testing of user controls but not mathematical or specialized engineering sciences.

(b) The term does not mean a physical examination of a residential dwelling when the owner or a representative of the owner requests the examination by an individual who is licensed in this state and acting within the scope of practice of the individual's profession or occupation.

(3) "Home inspection report" means a written document prepared by a home inspector for a client and issued to the client in exchange for compensation after a home inspection has been completed. The report must clearly identify and describe:

(a) the inspected systems, structures, and other relevant components of the dwelling;

(b) any major visible defects in the inspected systems, structures, and other relevant components of the dwelling; and

(c) any recommendations for further evaluation of the property by other appropriate persons.

(4) "Home inspector" means an individual who performs a home inspection for compensation.

(5) "Practice" means to engage in the services of home inspection as the term is defined in this section.
Mont. Code Ann. § 37-39-311 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-311
37-39-311 Marriage and family therapy license required -- qualifications
Status: in_force

37-39-311 . Marriage and family therapy license required -- qualifications. (1) A person may not practice marriage and family therapy unless licensed under Title 37, chapter 1, and this chapter.

(2) An applicant for licensure as a marriage and family therapist must have:

(a) (i) completed a master's or doctoral degree in marriage and family therapy from an approved program;

(ii) completed a graduate degree in an allied field from an approved program, including graduate-level work that the board determines to be the equivalent of a master's degree in marriage and family therapy or marriage and family counseling; or

(iii) completed additional postdegree experience as defined by board rule as equivalent to the degree requirements in subsection (2)(a)(i) or (2)(a)(ii) if the applicant does not have a degree as provided in subsection (2)(a)(i) or (2)(a)(ii);

(b) passed an approved examination; and

(c) practiced under the direct supervision of an approved supervisor for at least 3,000 hours, including 1,000 hours of face-to-face client contact in the practice of marriage and family therapy, of which up to 500 hours may be accumulated while achieving the educational credentials listed in subsection (2)(a)(i) or (2)(a)(ii).

(3) The supervised practice required under subsection (2)(c) must be completed as provided in 37-39-307 and as prescribed by the board by rule.
Mont. Code Ann. § 37-7-401 — MT Code / Title 37 / Chapter 7 / Part 4 / Section 37-7-401
37-7-401 Restrictions on prescriptions
Status: in_force

37-7-401 . Restrictions on prescriptions. (1) An authorized prescriber may not sell, give to, or prescribe for any person any opium, morphine, alkaloid-cocaine, alpha or beta eucaine, codeine, heroin, or any derivative, mixture, or preparation of any of them, except to a patient believed in good faith to require opium, morphine, alkaloid-cocaine, alpha or beta eucaine, codeine, heroin, or any derivative, mixture, or preparation of the enumerated substances for medical use and in quantities proportioned to the needs of the patient.

(2) A prescription must be written so that the prescription can be compounded by any registered pharmacist. The coding of any prescription is a violation of this section.

(3) A prescription marked "non repetatur", "non rep", or "N.R." cannot be refilled. A prescription marked to be refilled may be filled by any registered pharmacist the number of times marked on the prescription. A prescription not bearing any refill instructions may not be refilled without first obtaining permission from the prescriber. A prescription may not be refilled for more than 1 year from the date the prescription was originally written. A Schedule II prescription may not be refilled.
Mont. Code Ann. § 37-68-311 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-311
37-68-311 Application fee -- license fee
Status: in_force

37-68-311 . Application fee -- license fee. Master electricians and journeyman or residential electricians installing or intending to install for hire electric wiring or equipment to convey electric current or apparatus to be operated by electric current shall apply for a license to the department. The application must be on a form furnished by the department and must be accompanied by an application fee set by the board. The forms must state the applicant's full name and address, the extent of work experience, and other information required by the board. If the applicant has complied with the rules adopted by the board and, being qualified, has successfully completed the examination, the department shall issue the proper license to the applicant.
Mont. Code Ann. § 37-2-704 — MT Code / Title 37 / Chapter 2 / Part 7 / Section 37-2-704
37-2-704 Immunity of person providing information
Status: in_force

37-2-704 . Immunity of person providing information. A person, organization, association, society, or health care facility that in good faith provides information to the state board of medical examiners as required by 37-2-703 is not subject to suit for civil damages as a result of providing information.
Mont. Code Ann. § 37-31-331 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-331
37-31-331 Refusal, revocation, or suspension of licenses -- grounds -- notice and hearing
Status: in_force

37-31-331 . Refusal, revocation, or suspension of licenses -- grounds -- notice and hearing. (1) The board may refuse to issue, may refuse to renew, or may revoke or suspend a license in any one of the following cases:

(a) failure of a person, firm, partnership, corporation, or other legal entity operating a salon, shop, booth, or school to comply with this chapter;

(b) failure to comply with the sanitary rules prescribed by the board by rule and approved by the department of public health and human services for the regulation of salons, shops, booths, or schools;

(c) gross malpractice;

(d) continued practice by a person who knowingly has an infectious or contagious disease;

(e) habitual drunkenness or habitual addiction to the use of any habit-forming drug;

(f) permitting a license to be used when the holder is not personally, actively, and continuously engaged in business; or

(g) failure to display the license.

(2) The board may not refuse to authorize the department to issue or renew a license or to revoke or suspend a license already issued until after notice and opportunity for a hearing.
Mont. Code Ann. § 37-1-311 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-311
37-1-311 Findings of fact -- order -- report
Status: in_force

37-1-311 . Findings of fact -- order -- report. (1) If the board decides by a preponderance of the evidence, following a hearing or on default, that a violation of this part occurred, the department shall prepare and serve the board's findings of fact 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 the board's findings of fact and 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 37-1-309 , 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. § 37-39-310 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-310
37-39-310 Addiction counseling license required -- qualifications
Status: in_force

37-39-310 . Addiction counseling license required -- qualifications. (1) A person may not practice addiction counseling unless licensed under Title 37, chapter 1, and this chapter.

(2) Except as provided in subsection (3), an applicant for licensure as an addiction counselor must have:

(a) a minimum of an associate degree from an accredited institution in one of the following areas:

(i) alcohol and drug studies;

(ii) addiction;

(iii) substance abuse; or

(b) a minimum of an associate degree from an accredited institution in any area of instruction and a certificate from an accredited program in areas specified in (2)(a)(i) through (2)(a)(ii);

(c) a minimum of a baccalaureate or advanced degree from an accredited college or university in any area. Either as part of that degree or taken as courses outside the degree from an accredited college or university, the applicant must have the following:

(i) six semester credits in human behavior, sociology, psychology, or a similar emphasis;

(ii) three semester credits in psychopathology or coursework exploring patterns and courses of abnormal or deviant behavior;

(iii) three semester credits in group counseling; and

(iv) three semester credits in the theory of counseling;

(d) completed supervised addiction counseling practice as defined by the board by rule; and

(e) passed an approved examination. The board shall provide by rule how much experience counts for the examination.

(3) An applicant who has not completed the education requirements of subsection (2) may be licensed if the applicant meets requirements established by the board by rule for additional work experience equivalent to the provisions of subsections (2)(a) through (2)(c).

(4) The supervised addiction counseling practice required under subsection (2)(d) must be completed as provided in 37-39-307 and as prescribed by the board by rule.

(5) Individuals enrolled in a certificate program not connected to a degree program prior to January 31, 2023, must obtain the certificate prior to June 30, 2025, to be eligible for licensure and must meet all other requirements for licensure in effect prior to October 1, 2023.
Mont. Code Ann. § 37-47-202 — MT Code / Title 37 / Chapter 47 / Part 2 / Section 37-47-202
37-47-202 Executive director
Status: in_force

37-47-202 . Executive director. The department may hire an executive director to assist the board in carrying out its duties under this chapter.
Mont. Code Ann. § 37-42-304 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-304
37-42-304 Application for operator's certificate -- fee
Status: in_force

37-42-304 . Application for operator's certificate -- fee. A person desiring to engage in the operation of a water treatment plant, water distribution system, or wastewater treatment plant shall first file an application with the department for a proper certificate. The department shall charge a fee of the same amount as the license cost, except that the department shall reduce the fee by the amount that the cost of processing the application is offset by federal funds received. The department may not act on an application until the fee has been paid.
Mont. Code Ann. § 37-27-310 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-310
37-27-310 Privileged communications -- exceptions
Status: in_force

37-27-310 . Privileged communications -- exceptions. A licensee may not disclose any information acquired from clients during consultation in a professional capacity except:

(1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal representative or guardian;

(2) that the licensee need not treat as confidential a communication otherwise confidential that reveals the contemplation of a crime by the client or any other person or that in the licensee's professional opinion reveals a threat of imminent harm to the client or others;

(3) that if the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of the crime is the subject of inquiry;

(4) that if the client or the client's personal representative or guardian brings an action against a licensee for a claim arising out of the client's interaction with the direct-entry midwife, the client is considered to have waived any privilege;

(5) to the extent that the privilege is otherwise waived by the client;

(6) when the client is seeking emergency medical treatment and the client's history is requested by the attending medical professional; and

(7) as may otherwise be required by law.
Mont. Code Ann. § 37-26-401 — MT Code / Title 37 / Chapter 26 / Part 4 / Section 37-26-401
37-26-401 License required -- titles restricted -- enjoining unlawful practice
Status: in_force

37-26-401 . License required -- titles restricted -- enjoining unlawful practice. (1) Except as provided in 37-26-302 , a person may not practice naturopathy without a valid and current license issued by the board as provided in this chapter.

(2) (a) A naturopathic physician licensed under this chapter may use the prefix "Dr." or "doctor" as a title.

(b) Only a naturopathic physician licensed under this chapter may use any of the following titles or terms:

(i) "doctor of naturopathy", "doctor of naturopathic medicine", "naturopath", "naturopathic physician", and the abbreviation "N.D." when used to imply any of these titles; or

(ii) "naturopathic medicine", "naturopathic health care", "naturopathic", and "naturopathy".

(c) The titles and terms in subsection (2)(b) identify naturopathic physicians and are restricted to describing and identifying licensed practitioners and their practice. A person who uses these titles and terms to represent the person or the person's practice to the public without being licensed pursuant to this chapter is in violation of this chapter.
Mont. Code Ann. § 37-3-101 — MT Code / Title 37 / Chapter 3 / Part 1 / Section 37-3-101
37-3-101 Purpose
Status: in_force

37-3-101 . Purpose. It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of medicine within the state of Montana is a privilege granted by the legislative authority and is not a natural right of individuals and that it is deemed necessary, as a matter of such policy and in the interests of the health, happiness, safety, and welfare of the people of Montana, to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and to license competent physicians to practice medicine and thereby provide for the health needs of the people of Montana.
Mont. Code Ann. § 37-42-104 — MT Code / Title 37 / Chapter 42 / Part 1 / Section 37-42-104
37-42-104 Classification of treatment plants and distribution systems
Status: in_force

37-42-104 . Classification of treatment plants and distribution systems. The department shall classify all water treatment plants, water distribution systems, and wastewater treatment plants with due regard to the size, type, physical conditions affecting such water treatment plants and distribution systems, character of wastewaters to be treated and other physical conditions affecting such waste treatment plants, and according to the skill, knowledge, and experience that the operator in responsible charge must have to successfully supervise the operation of such water treatment plants and water distribution systems and such wastewater treatment facilities so as to protect the public health and prevent unlawful pollution.
Mont. Code Ann. § 37-2-503 — MT Code / Title 37 / Chapter 2 / Part 5 / Section 37-2-503
37-2-503 Health care provider right to advise of lawful health services
Status: in_force

37-2-503 . Health care provider right to advise of lawful health services. (1) A health care provider may:

(a) make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services;

(b) make a patient aware of or educate or advise a patient about health care-related research or data; and

(c) offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.

(2) (a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.

(b) The prohibition on punishment includes an adverse licensure action.

(3) This section does not:

(a) prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice;

(b) impair a private health care entity from establishing standards of practice and communications standards for its employees;

(c) impair any right or limitation on medical liability; or

(d) prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.