Mont. Code Ann. § 37-25-310 — MT Code / Title 37 / Chapter 25 / Part 3 / Section 37-25-310
37-25-310 Licensing requirements for dietitians and nutritionists
Status: in_force

37-25-310 . Licensing requirements for dietitians and nutritionists. (1) An applicant for licensure as a dietitian shall submit:

(a) a completed application as required by the board;

(b) any fees as required by the board; and

(c) proof of valid current registration with the commission or its successor organization that gives the applicant the right to use the term "registered dietitian", "registered dietitian nutritionist", "RD", or "RDN".

(2) An applicant for licensure as a nutritionist shall submit:

(a) a completed application as required by the board;

(b) any fees as required by the board; and

(c) valid proof of the following:

(i) completion of a master's or doctoral degree with a major in human nutrition, foods and nutrition, community nutrition, public health nutrition, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health, or a comparable titled major, or a doctoral degree or validated foreign equivalent, in a field of clinical health care from a college or university accredited at the time of graduation by a U.S. institutional accrediting body for higher education recognized by the United States department of education. The applicant must have completed coursework leading to competence in medical nutrition therapy, including but not limited to:

(A) 15 semester hours of courses on clinical or life sciences, including at least 3 semester hours in human anatomy and physiology or the equivalent; and

(B) 15 semester hours of courses on nutrition and metabolism, including at least 6 semester hours in biochemistry.

(ii) completion of a planned, documented, and continuous supervised practice experience approved by the board demonstrating competence in the practice of nutrition, including medical nutrition therapy, meeting all the following:

(A) completion of a supervised practice experience under this subsection (2) within 5 years of completing the requirements under subsection (2)(c)(i), unless the examining board grants an extension for a limited time;

(B) supervised practice experience completed under this subsection (2) must include at least 1,000 hours in the following practice areas, with a minimum of 200 hours each in nutrition assessment, nutrition intervention, and nutrition monitoring and evaluation;

(C) the experience is determined by the board to have prepared the applicant to provide nutrition care services for various populations of diverse cultures, genders, and across a person's lifespan, and to be able to competently formulate actionable medical nutrition therapies and interventions, education, counseling, and ongoing care for the prevention, modulation, and management of a range of chronic medical conditions; and

(D) the supervised practice experience completed under this subsection (2) was under the supervision of a qualified supervisor as defined in 37-25-102 .

(iii) completion of the examination requirements by demonstrating passage of the certified nutrition specialist examination administered by the board for certification of nutrition specialists or its successor organization or an equivalent examination on all aspects of the practice of nutrition that has been reviewed under a program that requires a master's degree or higher, is accredited by the national commission for certifying agencies, and is approved by the board. If passage of the examination occurred more than 5 years before application, demonstration of completion of 75 hours of continuing education meeting the continuing education criteria of the board for each 5-year period post-examination; and

(iv) valid current certification with the board for certification of nutrition specialists or its successor organization that gives the applicant the right to use the title "certified nutrition specialist".

(3) A person who is licensed under this chapter on October 1, 2025, must be licensed as a licensed dietitian without meeting any additional requirements so long as the person holds the RD credential.
Mont. Code Ann. § 37-2-402 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-402
37-2-402 Quality assurance program activities
Status: in_force

37-2-402 . Quality assurance program activities. A quality assurance program may include but is not limited to the following activities:

(1) review of pending malpractice claims;

(2) review of quality assurance issues;

(3) identification of areas in need of improvement related to quality and appropriateness of patient care;

(4) promotion and evaluation of best practices;

(5) review and analysis of risk management issues;

(6) oversight of medical event management processes;

(7) prioritization of risk management activities;

(8) tracking of information and of trends identified by data;

(9) investigation of incidents related to quality;

(10) development of risk management strategies, education, and training;

(11) development and implementation of remedial solutions related to quality and appropriateness of patient care for all licensed professionals and other staff affiliated with the medical practice group;

(12) review of information and trends related to claims; and

(13) peer review and oversight of medical practitioners.
Mont. Code Ann. § 37-42-202 — MT Code / Title 37 / Chapter 42 / Part 2 / Section 37-42-202
37-42-202 Rulemaking power -- examinations -- continuing education requirements
Status: in_force

37-42-202 . Rulemaking power -- examinations -- continuing education requirements. (1) The department shall adopt rules necessary to carry out this chapter. The rules shall include but are not limited to provisions establishing the basis for classification of treatment plants under 37-42-104 , provisions establishing qualifications of applicants, procedures for examination of candidates, and other provisions necessary for the administration of this chapter.

(2) The department shall hold at least one examination each year, at a time and place designated by the department, for the purpose of examining candidates for certification.

(3) The department may establish reasonable continuing education requirements for certified water and wastewater operators.
Mont. Code Ann. § 37-65-301 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-301
37-65-301 License required
Status: in_force

37-65-301 . License required. Except as provided in this chapter, a person may not practice architecture in this state or use the title "architect" or "licensed architect" or any words, letters, figures, or other device indicating or intending to imply that the person is an architect, without having qualified under this chapter.
Mont. Code Ann. § 37-50-309 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-309
37-50-309 Credit for examinations taken in other jurisdictions
Status: in_force

37-50-309 . Credit for examinations taken in other jurisdictions. The board may grant credit to an applicant for the satisfactory completion of the uniform certified public accountant examination taken in another jurisdiction.
Mont. Code Ann. § 37-8-418 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-418
37-8-418 Licensed practical nursing -- application fee
Status: in_force

37-8-418 . Licensed practical nursing -- application fee. An applicant for a license to practice as a licensed practical nurse shall pay a nonrefundable fee prescribed by the board to the department at the time the application is submitted.
Mont. Code Ann. § 37-9-102 — MT Code / Title 37 / Chapter 9 / Part 1 / Section 37-9-102
37-9-102 Legislative findings -- purpose
Status: in_force

37-9-102 . Legislative findings -- purpose. The legislature finds that the profession of nursing home administration affects the lives of an often frail and vulnerable population that includes older and disabled Montanans who are unable to live independently. The purpose of this chapter is to regulate and control the profession to protect the public health, welfare, and safety by ensuring the ethical, qualified, and professional practice of nursing home administration.
Mont. Code Ann. § 37-2-702 — MT Code / Title 37 / Chapter 2 / Part 7 / Section 37-2-702
37-2-702 Insurer to report to board
Status: in_force

37-2-702 . Insurer to report to board. Any insurer that issues or underwrites professional liability insurance in this state to any physician licensed to practice medicine shall report any claim against the insured for alleged professional negligence to the state board of medical examiners within 30 days after receiving notice of the claim from the insured or any other person. A final settlement or court decision resolving the claim in favor of the claimant shall also be reported to the board within 30 days of such settlement or decision. The report required by this section shall include the name of the insured, the name of the person making the claim, the reason or reasons for which the claim is made, and the basis of the settlement or court decision.
Mont. Code Ann. § 37-1-144 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-144
37-1-144 Provisional license -- limitations -- validity -- temporary license
Status: in_force

37-1-144 . Provisional license -- limitations -- validity -- temporary license. (1) The department may issue a provisional license to an applicant whom the department has initially determined to be eligible for licensure, except for one or more of the following pending conditions:

(a) passage of the required licensure examination;

(b) completion of supervised work or educational experience as a license holder;

(c) facility or equipment inspection;

(d) verification of licensure in good standing from other licensing jurisdictions and applicable national licensing databases; or

(e) verification of absence of relevant criminal charges or other action.

(2) A board or a program may, by rule, prescribe the time, place, supervision, or other limitations respecting the provisional license.

(3) The provisional license is valid until the applicant is issued a license or until one or more of the following occurs:

(a) the applicant exceeds the prescribed time limit to complete the work experience or pass a licensure examination;

(b) the applicant substantially and materially fails an inspection;

(c) the applicant is found to have license discipline, criminal, or other action in conflict with information reported on the application; or

(d) the applicant fails to act timely to complete the required condition.

(4) On one or more of the occurrences in subsection (3), the department shall render the provisional license inactive without appeal or judicial review and notify the applicant of its decision.

(5) On registration with the department, individuals actively licensed in good standing in another state may practice in Montana up to 21 days in a calendar year without licensure in this state to provide education, continuity of treatment, treatment to underserved populations, or highly specialized treatment care to clients or patients. For the purposes of this section, good standing includes verification of licensure in another state and any applicable disciplinary data bank.
Mont. Code Ann. § 37-26-303 — MT Code / Title 37 / Chapter 26 / Part 3 / Section 37-26-303
37-26-303 Public health duties of naturopathic physicians
Status: in_force

37-26-303 . Public health duties of naturopathic physicians. Naturopathic physicians have the same authority and responsibility as other licensed physicians with regard to public health laws, reportable diseases and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations, and local boards of health, except that the authority and responsibility are limited to activities consistent with the scope of practice described in this chapter.
Mont. Code Ann. § 37-26-402 — MT Code / Title 37 / Chapter 26 / Part 4 / Section 37-26-402
37-26-402 Qualifications for licensure
Status: in_force

37-26-402 . Qualifications for licensure. A person is qualified to be licensed to practice naturopathic medicine in Montana if the person:

(1) is of good moral character as determined by the board;

(2) is a graduate of an approved naturopathic medical college; and

(3) has passed an examination prescribed or endorsed by the board for the licensure of naturopathic physicians.
Mont. Code Ann. § 37-1-302 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-302
37-1-302 Definitions
Status: in_force

37-1-302 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121 .

(2) "Complaint" means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.

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

(4) "Inspection" means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner's profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.

(5) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:

(a) whether a person has violated a provision of law justifying discipline against the person;

(b) the status of compliance with a stipulation or order of the board;

(c) whether a license should be granted, denied, or conditionally issued; or

(d) whether a board should seek an injunction.

(6) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.

(7) "Profession" or "occupation" means a profession or occupation regulated by a board.

(8) (a) "Substantial equivalency" or "substantially equivalent" means that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to or exceed the education, examination, and experience requirements contained in the licensing provisions of a profession or occupation under Title 37. When ascertaining substantial equivalency, the respective board or the department, as applicable, shall consider the qualifications without regard to the sequence in which the experience, education, and examination requirements were attained.

(b) For occupations and professions under the authority of a board, the board shall determine substantial equivalency.

(c) For occupations and professions under the authority of a department program, the department shall determine substantial equivalency.
Mont. Code Ann. § 37-11-106 — MT Code / Title 37 / Chapter 11 / Part 1 / Section 37-11-106
37-11-106 Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements
Status: in_force

37-11-106 . Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements. (1) A licensed physical therapist may apply or administer topical medications by:

(a) direct application;

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

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

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

(a) bactericidal agents;

(b) debriding agents;

(c) anesthetic agents;

(d) anti-inflammatory agents;

(e) antispasmodic agents; and

(f) adrenocorticosteroids.

(3) Topical medications applied or administered by a physical therapist must be prescribed on a specific or standing basis by a licensed medical practitioner authorized to order or prescribe topical medications. Topical medications dispensed under this section must comply with United States food and drug administration packaging and labeling guidelines.

(4) Appropriate recordkeeping is required of a physical therapist who applies or administers topical medications as authorized in this section.
Mont. Code Ann. § 37-50-318 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-318
37-50-318 Existing license or certificate transition
Status: in_force

37-50-318 . Existing license or certificate transition. (1) A person who holds a licensed public accountant license and permit to practice on July 1, 2015, issued under the laws of this state may renew the person's existing license and is not required to obtain a certified public accountant license under this chapter. The person must otherwise be subject to all provisions of this chapter.

(2) A person who holds a certified public accountant certificate or licensed public accountant license on July 1, 2015, issued under the laws of this state but who has not met the qualifications for a permit to practice must meet the accounting experience requirement set forth in this chapter and in board rule by December 31, 2017, in order to be licensed. Failure to meet the accounting experience requirement by the deadline must result in termination of the certified public accountant certificate or licensed public accountant license.
Mont. Code Ann. § 37-7-1405 — MT Code / Title 37 / Chapter 7 / Part 14 / Section 37-7-1405
37-7-1405 Participants -- duties -- fee authorized
Status: in_force

37-7-1405 . Participants -- duties -- fee authorized. (1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of a donated cancer drug or device and shall inspect all donated drugs and devices before dispensing them to determine if they are adulterated or misbranded.

(2) A cancer drug or device may be:

(a) dispensed only pursuant to a prescription issued by a prescriber authorized to prescribe cancer drugs or devices; or

(b) distributed to another participant for dispensing.

(3) A cancer drug or device donated to the cancer drug repository program may not be resold.

(4) A participant may charge a handling fee for distributing or dispensing a cancer drug or device.

(5) A participant shall maintain records of donated drugs and devices and the distribution of the drugs and devices.

(6) (a) For cancer drugs or devices that are donated to the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:

(i) the date the participant received the cancer drug or device;

(ii) the drug name, strength, and amount;

(iii) the prescription number;

(iv) the expiration date of the drug;

(v) the manufacturer's name and lot number; and

(vi) the name and address of the person or entity donating the drug.

(b) For cancer drugs or devices that are distributed or dispensed by the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:

(i) the name and address of the receiving person or entity;

(ii) the name, strength, and quantity of the drug;

(iii) the dosage form, if applicable;

(iv) the name and address of the participant who distributed or dispensed the drug or device;

(v) the date the participant distributed or dispensed the drug or device;

(vi) the manufacturer's name and lot number; and

(vii) the expiration date of the drug.
Mont. Code Ann. § 37-31-309 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-309
37-31-309 Booth rental license
Status: in_force

37-31-309 . Booth rental license. (1) A person may not receive a booth rental license under 37-31-302 without proving to the satisfaction of the board that the booth will be used and maintained in compliance with the rules and regulations promulgated by the board, including sanitary rules prescribed under 37-31-204 .

(2) A booth rental license that is not renewed within 1 year of the most recent renewal date automatically terminates. The terminated license may not be reactivated, and a new original license must be obtained. The provisions of 37-1-141 do not apply to this subsection.
Mont. Code Ann. § 37-61-303 — MT Code / Title 37 / Chapter 61 / Part 3 / Section 37-61-303
37-61-303 Proceedings required on receipt of record of conviction
Status: in_force

37-61-303 . Proceedings required on receipt of record of conviction. The proceedings to remove or suspend an attorney and counselor under 37-61-301 (2)(a) must be taken by the court on the receipt of a certified copy of the record of conviction. The proceedings under 37-61-301 (2)(b), (2)(c), or (2)(d) may be taken by the court for the matters within its knowledge or may be taken upon the information of another.
Mont. Code Ann. § 37-7-104 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-104
37-7-104 Qualifications of employee hired to assist board
Status: in_force

37-7-104 . Qualifications of employee hired to assist board. A person hired by the department to enter and inspect an establishment under this chapter must be:

(1) a citizen of the United States and a resident of this state; and

(2) a pharmacist registered under this chapter.
Mont. Code Ann. § 37-20-405 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-405
37-20-405 Billing
Status: in_force

37-20-405 . Billing. A physician assistant, medical office, firm, institution, or other entity may bill for a service provided by a physician assistant.
Mont. Code Ann. § 37-66-308 — MT Code / Title 37 / Chapter 66 / Part 3 / Section 37-66-308
37-66-308 Display of license -- seal of landscape architect
Status: in_force

37-66-308 . Display of license -- seal of landscape architect. (1) Each holder of a license shall display it in the licensee's principal office, place of business, or place of employment.

(2) Each landscape architect must have a seal approved by the board that must contain the name of the landscape architect and the words "Licensed Landscape Architect, State of Montana" and other words or figures that the board considers necessary. All drawings and title pages of specifications prepared by a landscape architect or under the supervision of a landscape architect must be stamped with the landscape architect's seal. This section may not be construed to permit the seal of a landscape architect to serve as a substitute for the seal of a licensed architect, a licensed professional engineer, or a licensed professional land surveyor.
Mont. Code Ann. § 37-1-203 — MT Code / Title 37 / Chapter 1 / Part 2 / Section 37-1-203
37-1-203 Conviction not a sole basis for denial
Status: in_force

37-1-203 . Conviction not a sole basis for denial. Criminal convictions shall not operate as an automatic bar to being licensed to enter any occupation in the state of Montana. No licensing authority shall refuse to license a person solely on the basis of a previous criminal conviction; provided, however, where a license applicant has been convicted of a criminal offense and such criminal offense relates to the public health, welfare, and safety as it applies to the occupation for which the license is sought, the licensing agency may, after investigation, find that the applicant so convicted has not been sufficiently rehabilitated as to warrant the public trust and deny the issuance of a license.
Mont. Code Ann. § 37-7-509 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-509
37-7-509 Limitations on liability
Status: in_force

37-7-509 . Limitations on liability. (1) A pharmacist making a product selection under the provisions of this part assumes no greater responsibility for selecting the dispensed drug product than the pharmacist would incur in filling a prescription for a drug product prescribed by a generic name.

(2) When a pharmacist selects a drug product, the prescriber may not be held liable in an action for loss, damage, injury, or death to a person caused by the use of the selected drug product, except that if the original drug product was incorrectly prescribed, the prescriber is not relieved of liability.
Mont. Code Ann. § 37-61-207 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-207
37-61-207 Oath
Status: in_force

37-61-207 . Oath. Every person on admission shall take an oath to support the Constitution of the United States and The Constitution of the State of Montana and to faithfully discharge the duties of an attorney with fidelity to the best of the person's knowledge and ability. A certificate of the oath must be endorsed upon the license and a duplicate filed with the clerk.
Mont. Code Ann. § 37-7-103 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-103
37-7-103 Exemptions
Status: in_force

37-7-103 . Exemptions. Subject to 37-2-104, 37-7-401, and 37-7-402, and except as provided in Title 37, chapter 18, part 8, this chapter does not:

(1) subject a medical practitioner, as defined in 37-2-101 , who is not a pharmacist or a person who is licensed in this state to practice veterinary medicine to inspection by the board, prevent the person from compounding or using drugs, medicines, chemicals, or poisons in the person's practice, or prevent a medical practitioner from furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the treatment of the patient;

(2) prevent the sale of drugs, medicines, chemicals, or poisons at wholesale;

(3) prevent the sale of drugs, chemicals, or poisons at either wholesale or retail for use for commercial purposes or in the arts;

(4) change any of the provisions of this code relating to the sale of insecticides and fungicides;

(5) prevent the sale of common household preparations and other drugs if the stores selling them are licensed under the terms of this chapter;

(6) apply to or interfere with manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature for use for nonmedicinal purposes;

(7) prevent a registered nurse employed by a family planning clinic under contract with the department of public health and human services from dispensing factory prepackaged contraceptives, other than mifepristone, if the dispensing is in accordance with a physician's written protocol specifying the circumstances under which dispensing is appropriate and is in accordance with the board's requirements for labeling, storage, and recordkeeping of drugs; or

(8) prevent a certified agency from possessing, or a certified euthanasia technician or support personnel under the supervision of the employing veterinarian from administering, any controlled substance authorized by the board of veterinary medicine for the purpose of euthanasia pursuant to Title 37, chapter 18, part 6.
Mont. Code Ann. § 37-7-1509 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1509
37-7-1509 Administration of prescription drug registry
Status: in_force

37-7-1509 . Administration of prescription drug registry. The board may hire or contract for other professional, technical, or clerical staff as necessary to operate the registry. A contractor shall comply with the provisions regarding confidentiality of prescription information in 37-7-1505 and 37-7-1506 and is subject to the penalties specified in 37-7-1513 for unlawful acts.
Mont. Code Ann. § 37-51-102 — MT Code / Title 37 / Chapter 51 / Part 1 / Section 37-51-102
37-51-102 Definitions
Status: in_force

37-51-102 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being significant enough to affect a person's decision to enter into a contract to buy or sell real property and may be a fact that:

(i) materially affects the value, affects the structural integrity, or presents a documented health risk to occupants of the property; or

(ii) materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract.

(b) The term does not include the fact that an occupant of the property has or has had a communicable disease or that the property was the site of a suicide or felony.

(2) "Asset management" means management, oversight, or direct actions taken to maintain or transfer any real property before a foreclosure sale or in preparation for liquidation of real property owned by the client pursuant to a foreclosure sale. This includes any action taken to preserve, restore, or improve the value and to lessen the risk of damage to the property in preparation for liquidation of real property pursuant to a foreclosure sale.

(3) "Board" means the board of realty regulation provided for in 2-15-1757 .

(4) "Broker" includes an individual who:

(a) for another or for valuable consideration or who with the intent or expectation of receiving valuable consideration negotiates or attempts to negotiate the listing, sale, purchase, rental, exchange, or lease of real estate or of the improvements on real estate or collects rents or attempts to collect rents;

(b) is employed by or on behalf of the owner or lessor of real estate to conduct the sale, leasing, subleasing, or other disposition of real estate for consideration;

(c) engages in the business of charging an advance fee or contracting for collection of a fee in connection with a contract by which the individual undertakes primarily to promote the sale, lease, or other disposition of real estate in this state through its listing in a publication issued primarily for this purpose or for referral of information concerning real estate to brokers;

(d) makes the advertising, sale, lease, or other real estate information available by public display to potential buyers;

(e) aids or attempts or offers to aid, for a fee, any person in locating or obtaining any real estate for purchase or lease;

(f) receives a fee, commission, or other compensation for referring to a licensed broker or salesperson the name of a prospective buyer or seller of real property;

(g) performs asset management services for real property in conjunction with the marketing or transfer of the property; or

(h) advertises or represents to the public that the individual is engaged in any of the activities referred to in this subsection (4).

(5) "Buyer" means a person who is interested in acquiring an ownership interest in real property or who has entered into an agreement to acquire an interest in real property. The term includes tenants or potential tenants with respect to leases or rental agreements of real property.

(6) "Buyer agent" means a broker or salesperson who, pursuant to a written buyer broker agreement, is acting as the agent of the buyer in a real estate transaction and includes a buyer subagent and an in-house buyer agent designate.

(7) "Buyer broker agreement" means a written agreement in which a prospective buyer employs a broker to locate real estate of the type and with terms and conditions as designated in the written agreement.

(8) "Buyer subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a buyer.

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

(10) "Dual agent" means a broker or salesperson who, pursuant to a written listing agreement or buyer broker agreement or as a buyer or seller subagent, acts as the agent of both the buyer and seller with written authorization, as provided in 37-51-314 . An in-house buyer or seller agent designate may not be considered a dual agent.

(11) "Franchise agreement" means a contract or agreement by which:

(a) a franchisee is granted the right to engage in business under a marketing plan prescribed in substantial part by the franchisor;

(b) the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, logotype, or other commercial symbol or advertising designating the franchisor; and

(c) the franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement.

(12) "In-house buyer agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a buyer for a designated transaction and who may not be considered to be acting for other than the buyer with respect to the designated transaction.

(13) "In-house seller agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a seller for a designated transaction and who may not be considered to be acting for other than the seller with respect to the designated transaction.

(14) "Listing agreement" means a written agreement between a seller and broker for the sale of real estate, with the terms and conditions set out in the agreement.

(15) "Negotiations" includes:

(a) efforts to act as an intermediary between parties to a real estate transaction;

(b) facilitating and participating in contract discussions;

(c) completing forms for offers, counteroffers, addendums, and other writings; and

(d) presenting offers and counteroffers.

(16) "Person" includes individuals, partnerships, associations, and corporations, foreign and domestic, except that when referring to a person licensed under this chapter, it means an individual.

(17) "Real estate" includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere.

(18) "Real estate transaction" means the sale, exchange, or lease or grant of an option for the sale, exchange, or lease of an interest in real estate and includes all communication, interposition, advisement, negotiation, and contract development and closing.

(19) "Salesperson" includes an individual who for a salary, commission, or compensation of any kind is associated, either directly, indirectly, regularly, or occasionally, with a real estate broker to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate.

(20) "Seller" means a person who has entered into a listing agreement to sell real estate and includes landlords who have an interest in or are a party to a lease or rental agreement.

(21) "Seller agent" means a broker or salesperson who, pursuant to a written listing agreement, acts as the agent of a seller and includes a seller subagent and an in-house seller agent designate.

(22) "Seller subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a seller.

(23) (a) "Statutory broker" means a broker or salesperson who assists one or more parties to a real estate transaction without acting as an agent or representative of any party to the real estate transaction.

(b) A broker or salesperson is presumed to be acting as a statutory broker unless the broker or salesperson has entered into a listing agreement with a seller or a buyer broker agreement with a buyer or has disclosed, as required in this chapter, a relationship other than that of a statutory broker.

(24) "Supervising broker" means a licensed broker with whom a licensed salesperson is associated, directly, indirectly, regularly, or occasionally, to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate.

(25) "Supervising broker endorsement" means an endorsement to a broker's license that is required of any licensed broker who supervises licensed salespersons performing real estate activity.
Mont. Code Ann. § 37-18-605 — MT Code / Title 37 / Chapter 18 / Part 6 / Section 37-18-605
37-18-605 Certified euthanasia technician
Status: in_force

37-18-605 . Certified euthanasia technician. (1) A person may not administer controlled substances for euthanasia purposes unless the person is a licensed veterinarian, a certified euthanasia technician, or support personnel as defined by rules adopted by the board.

(2) A certified euthanasia technician may use controlled substances only for euthanasia purposes unless the certified euthanasia technician is under the direct supervision of a licensed veterinarian.
Mont. Code Ann. § 37-18-603 — MT Code / Title 37 / Chapter 18 / Part 6 / Section 37-18-603
37-18-603 Powers of board -- euthanasia certification
Status: in_force

37-18-603 . Powers of board -- euthanasia certification. The board may:

(1) establish qualifications and prescribe the application format for certification as a certified agency or as a certified euthanasia technician and review each application for compliance with certification requirements;

(2) examine and determine the qualifications and fitness of applicants to operate as a certified agency or as a certified euthanasia technician;

(3) issue, renew, reinstate, deny, suspend, require voluntary surrender of, or revoke any certifications or impose other forms of discipline and enter into consent agreements and negotiated settlements with certified agencies or certified euthanasia technicians consistent with the provisions of this chapter and rules adopted pursuant to Title 37, chapter 1, and this chapter;

(4) establish a schedule of fees for certifying agencies and euthanasia technicians, ensuring that the fees are commensurate with the costs of the certification program;

(5) establish a list of controlled substances approved for the purpose of euthanasia;

(6) adopt other rules that the board or department considers necessary for the implementation of this part; and

(7) inspect any certified agency's controlled substance storage, inventory, administration procedures, and recordkeeping.
Mont. Code Ann. § 37-12-304 — MT Code / Title 37 / Chapter 12 / Part 3 / Section 37-12-304
37-12-304 Examinations -- subjects
Status: in_force

37-12-304 . Examinations -- subjects. (1) Applicants for a license to practice chiropractic must have passed an examination prescribed by the board.

(2) The board may accept the grades an applicant has received in the examinations given by the national board of chiropractic examiners and may authorize the department to issue a license without further examination to an applicant who holds a valid certificate from the national board of chiropractic examiners if the applicant meets the other requirements of this chapter. The board may require an applicant to satisfactorily pass a clinical proficiency examination before being issued a license, even though the applicant holds a valid certificate from the national board of chiropractic examiners.
Mont. Code Ann. § 37-1-130 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-130
37-1-130 Definitions
Status: in_force

37-1-130 . Definitions. As used in this part, the following definitions apply:

(1) "Administrative fee" means a fee established by the department to cover the cost of administrative services as provided for in 37-1-134 .

(2) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121 .

(3) "Board fee" means:

(a) a fee established by the board to cover program area costs as provided in 37-1-134 ; and

(b) any other legislatively prescribed fees specific to boards and department programs.

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

(5) "Department program" means a program administered by the department pursuant to this title and not affiliated with a board.

(6) "Expired license" means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license.

(7) "Lapsed license" means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license.

(8) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.

(9) "Terminated license" means a license that is not renewed or reactivated within 2 years of the license lapsing.
Mont. Code Ann. § 37-51-303 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-303
37-51-303 Broker or salesperson examination
Status: in_force

37-51-303 . Broker or salesperson examination. (1) In addition to proof of honesty, trustworthiness, and good reputation, an applicant whose application is pending shall satisfactorily pass an examination.

(2) (a) The examination for a salesperson's license must include subject portions that the board determines by rule to be appropriate.

(b) If the applicant passes one subject portion of the examination, the applicant is not required to repeat that portion of the examination if the applicant passes the remaining portion within 12 months.

(3) The examination for a broker's license must be of a more exacting nature and scope and more stringent than the examination for a salesperson's license.
Mont. Code Ann. § 37-4-202 — MT Code / Title 37 / Chapter 4 / Part 2 / Section 37-4-202
37-4-202 Meetings -- notice -- records
Status: in_force

37-4-202 . Meetings -- notice -- records. (1) The board shall meet at least once each year in this state at the call of the president and secretary-treasurer. Five days' notice must be given by the department to board members of the time and place of the meeting of the board.

(2) Meetings held for the purpose of examining candidates for a license to practice dentistry in this state may not exceed 6 days.

(3) Board proceedings are open to public inspection unless a privacy issue is involved.

(4) Money collected by the department under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).

(5) The department shall keep a complete record of meetings and proceedings of the board and shall keep a complete account of money received and disbursements made by the department.
Mont. Code Ann. § 37-15-310 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-310
37-15-310 Deposit of moneys received
Status: in_force

37-15-310 . Deposit of moneys received. All moneys received by the department shall be deposited in the state treasury to the credit of the state special revenue fund for the use of the board and subject to 37-1-101 (6).
Mont. Code Ann. § 37-29-306 — MT Code / Title 37 / Chapter 29 / Part 3 / Section 37-29-306
37-29-306 Licensing
Status: in_force

37-29-306 . Licensing. (1) A denturist license is valid for a period established by department rule. A denturist shall submit proof that the denturist holds a current cardiopulmonary resuscitation card.

(2) An application must be submitted on a form furnished by the department. Each application must include all other documentation necessary to establish that the applicant meets the requirements for licensure and is eligible to take the licensure examination. An application must be accompanied by the appropriate fees.
Mont. Code Ann. § 37-3-103 — MT Code / Title 37 / Chapter 3 / Part 1 / Section 37-3-103
37-3-103 Exemptions from licensing requirements
Status: in_force

37-3-103 . Exemptions from licensing requirements. (1) This chapter does not prohibit or require a license with respect to any of the following acts:

(a) the gratuitous rendering of services in cases of emergency or catastrophe;

(b) the rendering of services in this state by a physician lawfully practicing medicine in another state or territory. However, if the physician does not limit the services to an occasional case or if the physician has any established or regularly used hospital connections in this state or maintains or is provided with, for the physician's regular use, an office or other place for rendering the services, the physician must possess a license to practice medicine in this state.

(c) the practice of dentistry under the conditions and limitations defined by the laws of this state;

(d) the practice of podiatry under the conditions and limitations defined by the laws of this state;

(e) the practice of optometry under the conditions and limitations defined by the laws of this state;

(f) the practice of chiropractic under the conditions and limitations defined by the laws of this state;

(g) the practice of Christian Science, with or without compensation, and ritual circumcisions by rabbis;

(h) the practice of medicine by a physician licensed in another state and employed by the federal government;

(i) the rendering of nursing services by registered or other nurses in the lawful discharge of their duties as nurses or of midwife services by registered nurse-midwives under the conditions and limitations defined by law;

(j) the rendering of services by a surgical or medical technician or medical assistant, as provided in 37-3-104 , under the appropriate amount and type of supervision of a person licensed under the laws of this state to practice medicine, but this exemption does not extend the scope of the individuals listed in this subsection (1)(j);

(k) the rendering of services by a physician assistant in accordance with Title 37, chapter 20;

(l) the practice by persons licensed under the laws of this state to practice a limited field of the healing arts, including physical therapists and other licensees not specifically designated, under the conditions and limitations defined by law;

(m) the execution of a death sentence pursuant to 46-19-103 ;

(n) the practice of direct-entry midwifery. For the purpose of this section, the practice of direct-entry midwifery means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period. Except as authorized in 37-27-302 , a direct-entry midwife may not dispense or administer a prescription drug, as those terms are defined in 37-7-101 .

(o) the use of an automated external defibrillator pursuant to Title 50, chapter 6, part 5.

(2) Licensees referred to in subsection (1) who are licensed to practice a limited field of healing arts shall confine themselves to the field for which they are licensed or registered and to the scope of their respective licenses and, with the exception of those licensees who hold a medical degree, may not use the title "M.D.", "D.O.", or any word or abbreviation to indicate or to induce others to believe that they are engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or disorder of mind except to the extent and under the conditions expressly provided by the law under which they are licensed.
Mont. Code Ann. § 37-27-101 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-101
37-27-101 Short title
Status: in_force

37-27-101 . Short title. This chapter may be cited as the "Direct-Entry Midwifery Licensing Act".
Mont. Code Ann. § 37-60-314 — MT Code / Title 37 / Chapter 60 / Part 3 / Section 37-60-314
37-60-314 Nontransferability of license -- record changes
Status: in_force

37-60-314 . Nontransferability of license -- record changes. (1) A license issued under this chapter is not transferable.

(2) A licensee shall notify the department within 5 days of any change in its officers or directors, name, address, employment, or other material change in the information previously furnished or required to be furnished to the department or any other material change or occurrence that could reasonably be expected to affect the licensee's right to a license. On the change or occurrence, the department may suspend or revoke the license or may allow the business to be carried on for a temporary period under terms and conditions as the department may require.

(3) This section may not be applied to restrict the sale of a business if the buyer qualifies for a license under the provisions of this chapter.
Mont. Code Ann. § 37-20-301 — MT Code / Title 37 / Chapter 20 / Part 3 / Section 37-20-301
37-20-301 Requirements for physician assistant practice
Status: in_force

37-20-301 . Requirements for physician assistant practice. A physician, office, firm, state institution, or professional service corporation may not employ or make use of the services of a physician assistant in the practice of medicine, as defined in 37-3-102 , and as provided in this chapter and a physician assistant may not be employed or practice as a physician assistant unless the physician assistant:

(1) is licensed by the board;

(2) has paid to the board the applicable fees required by the board; and

(3) engages in practice for which the physician assistant is educationally prepared and for which the physician assistant has achieved and maintained competency.
Mont. Code Ann. § 37-1-202 — MT Code / Title 37 / Chapter 1 / Part 2 / Section 37-1-202
37-1-202 Intent and policy
Status: in_force

37-1-202 . Intent and policy. It is the intent of the legislature and the declared policy of the state that occupational licensure be granted or revoked as a police power of the state in its protection of the public health, safety, and welfare.
Mont. Code Ann. § 37-4-503 — MT Code / Title 37 / Chapter 4 / Part 5 / Section 37-4-503
37-4-503 Identification of dentures
Status: in_force

37-4-503 . Identification of dentures. All nonmetal full dentures shall be permanently identified with the first and last name of the owner at the time of processing the dentures.
Mont. Code Ann. § 37-56-101 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-101
37-56-101 Definitions
Status: in_force

37-56-101 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

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

(2) "Property manager" means an individual who engages in the business of leasing, renting, subleasing, or other transfer of possession of real estate located in this state without transfer of the title to the property. The term includes but is not limited to an individual who:

(a) engages in negotiations for the lease or sublease of any real estate or of the improvements on any real estate;

(b) promotes the lease, rental, exchange, or other disposition of real estate;

(c) assists in creating or completing real estate lease contracts;

(d) procures tenants;

(e) aids or offers to aid, for a fee, any person in locating or obtaining any real estate for lease;

(f) makes the advertising of real property for lease available by public display to potential tenants;

(g) shows rental or lease properties to potential tenants;

(h) acts as a liaison between the owners of real estate and a tenant or potential tenant;

(i) generally oversees the inspection, maintenance, and upkeep of leased real estate;

(j) collects rents or attempts to collect rents;

(k) pays or receives a fee, commission, or other compensation for referral of the name of a prospective lessor or lessee; or

(l) advertises or represents to the public that the individual is engaged in any of the activities referred to in this subsection (2).

(3) "Real estate" includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere.

(4) "Trust account" means an account for real estate trust funds maintained at a depository institution from which withdrawals or transfers can be made without delay, subject to any notice period that the depository institution is required to observe by law.
Mont. Code Ann. § 37-66-104 — MT Code / Title 37 / Chapter 66 / Part 1 / Section 37-66-104
37-66-104 Acts declared unlawful
Status: in_force

37-66-104 . Acts declared unlawful. It is unlawful for a person to:

(1) offer to practice or hold out to the public that the person is entitled to practice landscape architecture unless licensed and registered under this chapter;

(2) present as the person's own the license of another;

(3) give false or forged evidence to the board or any board member in obtaining a license;

(4) falsely impersonate any other practitioner of like or different name;

(5) otherwise violate any of the provisions of this chapter.
Mont. Code Ann. § 37-65-103 — MT Code / Title 37 / Chapter 65 / Part 1 / Section 37-65-103
37-65-103 Exemptions
Status: in_force

37-65-103 . Exemptions. (1) This chapter does not prevent drafters, students, clerks of work, superintendents, and other employees of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control, or supervision of their employers or to prevent the employment of superintendents of the construction, enlargement, or structural alteration of buildings or any appurtenance to buildings.

(2) This chapter may not be construed to:

(a) apply to alterations to any building that do not involve changes affecting the structural safety of a building or the public health;

(b) prevent the preparation of details and shop drawings by persons other than architects for use in connection with the execution of their work; or

(c) prevent the preparation of drawings or details for fixtures, cabinetwork, furniture, or other interior appliances or equipment or for any work necessary to provide for installation unless the drawings or installation involves public health or safety.

(3) The acts enumerated in subsections (1) and (2) may not be interpreted or construed as the practice of architecture.

(4) This chapter may not be construed to affect or prevent the following, provided that words, letters, figures, or other device may not be used in a manner that tends to convey the impression that the person rendering the service is an architect registered under this chapter:

(a) consultants, officers, and employees of the United States while engaged solely in the practice of architecture for the United States;

(b) professional engineers from performing architectural services that are purely incidental to their engineering practice;

(c) any person from planning, designing, altering, repairing, supervising, or engaging in residential construction consisting of less than eight living units regardless of size or cost or farm buildings that are not intended for use or used as a public building;

(d) the planning, design, alteration, construction, repair, or supervision of construction of a building by its owner if the building is not intended for use or used as a public building.
Mont. Code Ann. § 37-8-410 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-410
37-8-410 Signature authority of advanced practice registered nurse
Status: in_force

37-8-410 . Signature authority of advanced practice registered nurse. (1) When a provision of law or administrative rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the requirement may be fulfilled by an advanced practice registered nurse practicing within the scope of the advanced practice registered nurse's certification.

(2) This section may not be construed to expand the scope of practice of an advanced practice registered nurse.
Mont. Code Ann. § 37-2-610 — MT Code / Title 37 / Chapter 2 / Part 6 / Section 37-2-610
37-2-610 Rulemaking
Status: in_force

37-2-610 . (Temporary) Rulemaking. The department shall adopt rules to carry out the purposes of 37-2-603 , including but not limited to:

(1) training and testing requirements for pediatric complex care assistants;

(2) application fees; and

(3) pediatric complex care assistant scope of practice. (Terminates June 30, 2031--sec. 10, Ch. 628, L. 2023.)
Mont. Code Ann. § 37-7-105 — MT Code / Title 37 / Chapter 7 / Part 1 / Section 37-7-105
37-7-105 Administration of immunizations
Status: in_force

37-7-105 . Administration of immunizations. (1) An immunization-certified pharmacist may:

(a) prescribe and administer the following immunizations without a collaborative practice agreement in place:

(i) influenza to individuals who are 12 years of age or older;

(ii) pneumococcal, tetanus, diphtheria, and pertussis to individuals who are 18 years of age or older; and

(iii) herpes zoster to those individuals identified in the guidelines published by the United States centers for disease control and prevention's advisory committee on immunization practices; and

(b) administer immunizations to individuals 7 years of age or older as provided by the most recent guidelines by vaccine and age group published by the United States centers for disease control and prevention and as determined within a collaborative practice agreement.

(2) In the event of an adverse reaction, a pharmacist may administer epinephrine or diphenhydramine to:

(a) an individual who is 12 years of age or older; and

(b) a child who is 7 years of age or older and under 12 years of age within a collaborative practice agreement.

(3) If a pharmacist provides an immunization that is part of a series requiring multiple doses over time, the pharmacist shall notify the individual or the individual's legal representative at the time the next immunization in the series is due to be administered by sending a notice to the individual or representative that the followup immunization is needed to fulfill the series requirement.

(4) A pharmacist who administers an immunization pursuant to this section shall:

(a) ensure that the individual who is being immunized is assessed for contraindications to immunization;

(b) ensure that the individual who is being immunized or the individual's legal representative receives a copy of the appropriate vaccine information statement;

(c) if the pharmacist is notified of an adverse reaction, report the reaction to:

(i) the patient's primary health care provider, if the patient identifies one;

(ii) the medical provider or providers with whom the pharmacist has a collaborative practice agreement; and

(iii) the vaccine adverse event reporting system established under the United States department of health and human services;

(d) provide a signed certificate of immunization to the primary health care provider, if known, of each individual who is immunized and to the individual who is immunized that includes the individual's name, date of immunization, address of immunization, administering pharmacist, immunization agent, manufacturer, and lot number;

(e) create a record for each immunization, in which the individual's name, date, address of immunization, administering pharmacist, immunization agent, manufacturer, and lot number are included, and maintain the record for 7 years from the date the immunization was administered or until 7 years after the individual reaches 18 years of age, whichever is later; and

(f) offer the patient the opportunity to have the immunization information reported to the state immunization information system.

(5) (a) A pharmacist may delegate the administration of immunizations authorized under this section only to the following persons who meet the requirements of subsection (5)(b):

(i) a licensed intern who is under the supervision of the pharmacist; or

(ii) a pharmacy technician who is under the supervision of the pharmacist.

(b) A licensed intern or a pharmacy technician administering immunizations must hold a current certification to provide basic cardiac life support and must have completed a practical training program that is:

(i) accredited by the accreditation council for pharmacy education or a similar health authority or professional body approved by the board; and

(ii) at a minimum, includes instruction in hands-on injection technique and recognizing and treating emergency reactions to vaccines.

(6) For the purposes of this section, "vaccine information statement" means an information sheet that is produced by the United States centers for disease control and prevention that explains the benefits and risks associated with a vaccine to a vaccine recipient or the legal representative of the vaccine recipient.
Mont. Code Ann. § 37-60-105 — MT Code / Title 37 / Chapter 60 / Part 1 / Section 37-60-105
37-60-105 Exemptions
Status: in_force

37-60-105 . Exemptions. (1) This chapter does not apply to:

(a) an individual employed singly and exclusively by an employer other than a private security firm in connection with the affairs of that employer only and when there exists an employer-employee relationship and the employee is unarmed, does not wear a uniform, and is guarding inside a structure that at the time is not open to the public;

(b) an individual employed singly and exclusively by a retail merchant as a private security guard;

(c) an officer or employee of the United States, of this state, or of a political subdivision of the United States or this state while the officer or employee is engaged in the performance of official duties;

(d) an individual who provides information about the financial rating, financial habits, and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit;

(e) an attorney engaged in the practice of law;

(f) a law student, legal intern, paralegal, or legal assistant under the direction of one or more attorneys;

(g) a collection agency or finance company making an investigation incidental to the business of the agency or company;

(h) special agents employed by railroad companies;

(i) insurers and insurance producers and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;

(j) individuals engaged in the collection and examination of physical material for forensic purposes;

(k) an insurance adjuster who investigates insurance claims to determine the extent of liability under an insurance policy but does not engage in surveillance or investigate crime;

(l) an internal investigator or auditor while making an investigation incidental to the business of the agency or company by which the investigator or auditor is singularly and regularly employed;

(m) an individual who evaluates and advises management on personnel and human resource issues in the workplace;

(n) a confidential intermediary under 42-6-104 ; or

(o) a certified public accountant engaged in an investigation relating to the practice of accounting.

(2) (a) Except as provided in subsection (2)(b), persons listed as exempt in subsection (1) are not exempt for the purposes of acting as registered process servers.

(b) Subsection (2)(a) does not apply to attorneys or persons who make 10 or fewer services of process in a calendar year, as provided in 25-1-1101 .
Mont. Code Ann. § 37-61-211 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-211
37-61-211 Annual license tax -- municipal tax prohibited
Status: in_force

37-61-211 . Annual license tax -- municipal tax prohibited. (1) An attorney or counselor at law admitted by the supreme court of the state to practice within the state is required to pay a license tax of $25 a year. The tax is payable to and collected by the clerk of the supreme court on or before April 1 of each year.

(2) Upon the payment of the tax, the clerk shall issue and deliver a certificate to the person paying the tax, certifying to the payment of the license tax and stating the period covered by the payment.

(3) The tax collections must be allocated to the supreme court for operations of the following commissions or other entities:

(a) commission on code of judicial conduct;

(b) commission on courts of limited jurisdiction;

(c) commission on practice;

(d) commission on technology;

(e) district court council;

(f) judicial nomination commission;

(g) judicial standards commission;

(h) sentence review division; and

(i) uniform district court rules commission.

(4) A license tax may not be imposed on attorneys by a municipality or any other subdivision of the state.
Mont. Code Ann. § 37-7-606 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-606
37-7-606 Licenses
Status: in_force

37-7-606 . Licenses. A license for a wholesale distributor, third-party logistics provider, manufacturer, or repackager is effective during the period specified by department rule.
Mont. Code Ann. § 37-66-103 — MT Code / Title 37 / Chapter 66 / Part 1 / Section 37-66-103
37-66-103 Definitions
Status: in_force

37-66-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the board of architects and landscape architects provided for in 2-15-1761 .

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

(3) "Landscape architect" means a person who holds a license to practice landscape architecture in the state of Montana under the provisions of this chapter.

(4) (a) "Landscape architecture" means performing services in conjunction with all aspects of the planning and design of the exterior environment for human use and environmental protection. It is the design discipline specifically oriented to addressing the problems involved in adapting the uses of land to the characteristics of the exterior environment both functionally and aesthetically.

(b) The term includes regional planning of natural resources; urban and rural planning and design; institutional design; park and recreation planning and design; contract negotiations; the preparation of project master plans, contract documents, construction specifications, construction cost estimates, and project contracts; project management; and construction management.

(c) The term does not include the design of structures or facilities with separate and self-contained purposes that are ordinarily included in the practice of engineering or architecture and does not include the making of land surveys or final land plats for official approval or recording.
Mont. Code Ann. § 37-39-307 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-307
37-39-307 Candidates for licensure or certification
Status: in_force

37-39-307 . Candidates for licensure or certification. (1) A person who has completed the education requirements of 37-39-308 , 37-39-309 , 37-39-310 , or 37-39-311 but who has not completed the supervised work experience may apply for licensure as a candidate.

(2) A candidate shall submit a training and supervision plan.

(3) On completion of the supervised work experience, the candidate may apply to take any approved examination for the licensure level the individual seeks to practice.

(4) The board shall limit the number of years a person may be licensed as a candidate under this section.

(5) On passage of an approved examination, the candidate must apply for licensure in order to continue to practice.
Mont. Code Ann. § 37-47-304 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-304
37-47-304 Application
Status: in_force

37-47-304 . Application. (1) Each applicant for an outfitter's or guide's license shall apply for a license on a form furnished by the department.

(2) The application for an outfitter's license must include:

(a) the applicant's full name, address, conservation license number, and telephone number;

(b) the applicant's years of experience as an outfitter or guide; and

(c) components of the outfitter's operations plan as required by board rule, which may include:

(i) an affidavit by the outfitter to the board that the amount and kind of equipment that is owned, leased, or contracted for by the applicant is sufficient and satisfactory for the services advertised or contemplated to be performed by the applicant; and

(ii) a description of any land, water body, or portion of a water body that will be utilized by the applicant while providing services. A description is not required for the use of private lands that allow unrestricted public access and are managed under cooperative agreements with adjacent public lands.

(3) An application for an outfitter's license must be in the name of an individual person only. An application involving a business entity must be made by one individual person who qualifies under the provisions of this part. A license issued pursuant to this part must be in the name of that person. Any revocation or suspension of a license is binding upon the individual person and the business entity for the use and benefit of which the license was originally issued.

(4) Application must be made to and filed with the board.

(5) Only one application for an outfitter's license may be made in any license year. If an application is denied, subsequent applications by the same applicant for the license year involved are void, except as provided in 37-47-308 .
Mont. Code Ann. § 37-3-313 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-313
37-3-313 Limiting authority to impose renewal fees
Status: in_force

37-3-313 . Limiting authority to impose renewal fees. A license or renewal fee may not be imposed on a licensee under this chapter by a municipality or any other subdivision of the state.
Mont. Code Ann. § 37-24-104 — MT Code / Title 37 / Chapter 24 / Part 1 / Section 37-24-104
37-24-104 Exemptions
Status: in_force

37-24-104 . Exemptions. Nothing in this chapter prevents or restricts the practice, services, or activities of:

(1) a person licensed in this state under any other law or certified or registered as a member of an occupational or professional group other than occupational therapy from engaging in the profession or occupation for which the person is licensed, certified, or registered;

(2) a person who provides treatment, teaches living skills, designs orthotic or prosthetic devices, administers tests, or engages in other activities described in 37-24-103 but does not represent to the public that the person is an occupational therapist;

(3) a person employed as an occupational therapist or occupational therapy assistant by an institution or agency of the federal government;

(4) a person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited institution or under an approved educational program if the person is designated by a title that clearly indicates the person's status as a student or trainee;

(5) a person fulfilling the supervised fieldwork experience requirements of 37-24-303 if the experience constitutes a part of the experience necessary to meet the requirements of that section;

(6) a person performing occupational therapy services in the state if these services are performed for no more than 10 days in a calendar year in association with an occupational therapist licensed under this chapter, provided that:

(a) the person is licensed under the law of another state that has licensure requirements at least as stringent as the requirements of this chapter; or

(b) the person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA), established by the national board for certification in occupational therapy, inc. (NBCOT); or

(7) a person employed as an occupational therapy aide.
Mont. Code Ann. § 37-17-309 — MT Code / Title 37 / Chapter 17 / Part 3 / Section 37-17-309
37-17-309 Foreign-trained applicants
Status: in_force

37-17-309 . Foreign-trained applicants. The transcripts of a foreign-trained applicant for licensure as a psychologist must be evaluated by a board-approved agency that reviews credentials. Upon receipt of this evaluation, the board shall determine whether the number of academic credits awarded and academic areas studied meets equivalent educational standards for a doctoral degree in clinical psychology established by a graduate program approved by the American psychological association.
Mont. Code Ann. § 37-47-403 — MT Code / Title 37 / Chapter 47 / Part 4 / Section 37-47-403
37-47-403 Duties of participants
Status: in_force

37-47-403 . Duties of participants. (1) A participant shall:

(a) act as would a reasonably prudent person when engaging in the activities offered by a licensed outfitter or guide or by an unlicensed outfitter's assistant in this state;

(b) receive permission from the outfitter or guide prior to embarking on any self-initiated activity and inform the outfitter or guide of the participant's plans and intentions upon receiving permission to engage in the self-initiated activity.

(2) A participant may not:

(a) interfere with the running or operation of an outfitter's, guide's, or outfitter's assistant's activities when those activities conform to the standards of care set forth in 37-47-402 or 37-47-405 ;

(b) use the outfitter's, guide's, or outfitter's assistant's equipment, facilities, or services unless the participant has requested and received permission from the outfitter, guide, or outfitter's assistant;

(c) knowingly, purposely, or negligently engage in any type of conduct that contributes to or causes injury to the participant or any other person.
Mont. Code Ann. § 37-33-505 — MT Code / Title 37 / Chapter 33 / Part 5 / Section 37-33-505
37-33-505 Criminal background check for multistate licensure
Status: in_force

37-33-505 . (Effective on occurrence of contingency) Criminal background check for multistate licensure. (1) Each applicant for multistate licensure to practice massage therapy 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. § 37-1-407 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-407
37-1-407 Appeal
Status: in_force

37-1-407 . Appeal. (1) A person who is disciplined by the department under 37-1-402 through 37-1-406 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.

(2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal the decision to the commissioner of labor and industry. Consideration of the dispute is not an adversarial or a contested case hearing. The commissioner's decision may be appealed as provided in subsection (1).
Mont. Code Ann. § 37-66-304 — MT Code / Title 37 / Chapter 66 / Part 3 / Section 37-66-304
37-66-304 Qualifications and application for licensure
Status: in_force

37-66-304 . Qualifications and application for licensure. (1) A person wishing to practice landscape architecture in this state shall apply to the department for a license.

(2) Each applicant for licensure must have successfully completed the educational, practical experience, and examination requirements prescribed by the board.
Mont. Code Ann. § 37-18-305 — MT Code / Title 37 / Chapter 18 / Part 3 / Section 37-18-305
37-18-305 License -- issuance and contents
Status: in_force

37-18-305 . License -- issuance and contents. (1) The board shall, at the conclusion of a regular examination or after investigation, if in its judgment the applicant is qualified, authorize the department to issue a license to practice veterinary medicine.

(2) Each license granted must be signed by the president and secretary-treasurer of the board and must state that the licensee has given satisfactory evidence of fitness as to age, character, veterinary medical education, and other matters required by law and that after full examination, the licensee has been found qualified to practice.
Mont. Code Ann. § 37-7-610 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-610
37-7-610 Rulemaking authority
Status: in_force

37-7-610 . Rulemaking authority. (1) The board shall adopt rules and regulations necessary to carry out the purpose and enforce the provisions of this part, including FDA guidelines and rules pursuant to the Drug Quality and Security Act of 2013, which includes the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., to implement:

(a) product tracing, reporting, and other requirements compliant with FDA uniform national policy; or

(b) national standards for the licensing of wholesale distributors, third-party logistics providers, manufacturers, and repackagers.

(2) If the rules and regulations conflict with the wholesale distributor, third-party logistics provider, manufacturer, or repackager guidelines or rules promulgated by the FDA, the latter control.
Mont. Code Ann. § 37-61-404 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-404
37-61-404 Notice of change
Status: in_force

37-61-404 . Notice of change. When an attorney is changed as provided in 37-61-403 , written notice of the change and the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party. Until then, the adverse party shall recognize the former attorney.
Mont. Code Ann. § 37-47-310 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-310
37-47-310 Transfer or amendment of outfitter's license -- partial sale of outfitter business
Status: in_force

37-47-310 . Transfer or amendment of outfitter's license -- partial sale of outfitter business. (1) An outfitter's license may not be transferred.

(2) An individual person may, upon proper showing, have that person's outfitter's operating plan amended to indicate that the license is being held for the use and benefit of a named business entity.

(3) Subject to approval by the board, a person designated by the family of an outfitter who is deceased or incapacitated due to physical or mental disease or injury or who is unable to carry out the responsibilities of an outfitter due to the outfitter's status as an active member of the military may continue to provide outfitting services for the outfitter's unexpired license year, or until the family sells the outfitting business, until the designee obtains an outfitter license.

(4) (a) Except as provided in subsection (4)(b), if changes are properly reflected in an operations plan, the partial sale or temporary transfer of a hunting or fishing outfitter's business may not be prohibited.

(b) Transfer of river-use days for the Beaverhead and Big Hole Rivers may only be sold or transferred as part of a business in its entirety. On the sale or transfer of a fishing outfitter business on the Beaverhead or Big Hole Rivers, the outfitter who sells or transfers the business shall notify the new owner that the use of any transferred river-use days is subject to change pursuant to rules adopted by the fish and wildlife commission and that a property right does not attach to the transferred river-use days.
Mont. Code Ann. § 37-2-401 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-401
37-2-401 Definitions
Status: in_force

37-2-401 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a quality assurance committee that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including but not limited to the professional training, supervision, or discipline of a medical practitioner by a medical practice group. The term includes all subsequent evaluations and analysis of an untoward event, including any opinions or conclusions of a reviewer.

(b) The term does not include:

(i) incident reports or occurrence reports; or

(ii) health care information that is used in whole or in part to make decisions about an individual who is the subject of the health care information.

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

(3) (a) "Incident report" or "occurrence report" means the written business record of a medical practice group that:

(i) may be but is not required to be created by the staff involved in response to an untoward event, including but not limited to a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

(ii) is a factual rendition of the event.

(b) The terms do not include any subsequent evaluation of the event by a quality assurance committee, regardless of whether or not the subsequent evaluation of the event occurred in response to an incident report or occurrence report. The creation of an incident report or occurrence report is not a condition precedent for a subsequent evaluation of an event, and any subsequent evaluation of an event remains privileged and confidential pursuant to this part, regardless of the creation of an incident report or occurrence report.

(4) "Medical practice group" means a group of two or more medical practitioners practicing medicine in a professional corporation, professional limited liability company, partnership, sole proprietorship, or associations of these entities.

(5) "Medical practitioner" means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203 .

(6) "Quality assurance committee" means a duly appointed committee within a medical practice group that administers a quality assurance program and may be called by another name within the medical practice group, including but not limited to a utilization review, peer review, medical ethics review, professional standards review, quality assurance, or quality improvement committee.

(7) "Quality assurance program" means a comprehensive, ongoing system of mechanisms established by a medical practice group for monitoring and evaluating the quality and appropriateness of the care provided to patients in order to:

(a) identify and take steps to correct any significant problems and trends in the delivery of care; and

(b) take advantage of opportunities to improve care.

(8) (a) "Records" means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program.

(b) The term does not mean original medical records or other records kept relative to any patient in the course of the business of operating as a medical practice group.
Mont. Code Ann. § 37-67-326 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-326
37-67-326 Qualifications of applicant for examination and certification as land surveyor intern
Status: in_force

37-67-326 . Qualifications of applicant for examination and certification as land surveyor intern. (1) An applicant who meets any of the following sets of requirements must be admitted to the fundamentals of surveying examination:

(a) a baccalaureate degree in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, and references as required by the board;

(b) an associate degree in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, and references as required by the board;

(c) a baccalaureate degree with a minor in land surveying that meets the board-approved land surveying curriculum, passage of the fundamentals of surveying examination, and references as required by the board; or

(d) before October 1, 2022, passage of the fundamentals of surveying examination, at least 6 years of combined office and field experience in land surveying under the direct supervision of a licensed professional land surveyor of which at least 4 1/2 years must be progressive experience in charge of land surveying projects, and references and exhibits as required by the board.

(2) Upon passage of the fundamentals of surveying examination, an applicant must be granted a certificate as a Montana land surveyor intern.

(3) Certification as a land surveyor intern does not authorize the holder to practice as a professional land surveyor.
Mont. Code Ann. § 37-34-305 — MT Code / Title 37 / Chapter 34 / Part 3 / Section 37-34-305
37-34-305 Licensure procedures
Status: in_force

37-34-305 . Licensure procedures. The department shall issue a license for a clinical laboratory scientist, a clinical laboratory specialist, or a clinical laboratory technician to any person who meets the qualifications for licensure.
Mont. Code Ann. § 37-14-322 — MT Code / Title 37 / Chapter 14 / Part 3 / Section 37-14-322
37-14-322 Inspections
Status: in_force

37-14-322 . Inspections. Inspections for compliance with the provisions of this chapter may be performed by:

(1) the board of allied health care professionals;

(2) the department of labor and industry; or

(3) the department of public health and human services.
Mont. Code Ann. § 37-50-209 — MT Code / Title 37 / Chapter 50 / Part 2 / Section 37-50-209
37-50-209 Enterprise fund
Status: in_force

37-50-209 . Enterprise fund. (1) There is an enterprise fund, as described in 17-2-102 , established for the use of the board. The money in the fund is statutorily appropriated as provided in 17-7-502 .

(2) All licensing fees, other money collected by the department on behalf of the board, and all interest or earnings on money deposited in the enterprise fund must be deposited in or credited to the fund.

(3) Money in the enterprise fund must be invested by the board of investments pursuant to the provisions of the unified investment program for state funds.

(4) The enterprise fund must retain a cash reserve balance of at least 15% of the average of the last 3 years of revenue as needed for operation of the board and measured on completion of the license renewal cycle.

(5) The enterprise fund may not include money taken from the general fund.
Mont. Code Ann. § 37-4-405 — MT Code / Title 37 / Chapter 4 / Part 4 / Section 37-4-405
37-4-405 Dental hygienist to practice under supervision of licensed dentist -- exceptions -- definitions
Status: in_force

37-4-405 . Dental hygienist to practice under supervision of licensed dentist -- exceptions -- definitions. (1) A licensed dental hygienist may:

(a) with the permission of the supervising dentist, practice in the office of a licensed and actively practicing dentist under the general supervision of a licensed dentist;

(b) provide dental hygiene preventative services in a public health facility under the general supervision of a licensed dentist or, subject to the provisions of subsection (3), under public health supervision; or

(c) provide dental hygiene preventative services in a school-based oral health program under public health supervision subject to the provisions of subsection (3).

(2) A dental hygienist may give instruction in oral hygiene without the direct supervision or general supervision of a licensed dentist in a public or private institution or hospital or extended care facility or under a board of health or in a public clinic.

(3) (a) A licensed dental hygienist practicing under public health supervision may provide dental hygiene preventative services that include removal of deposits and stains from the surfaces of teeth, the application of topical fluoride, polishing restorations, root planing, placing of sealants, oral cancer screening, exposing radiographs, charting of services provided, and prescriptive authority as allowed under 37-4-401 (1)(c).

(b) A licensed dental hygienist practicing under public health supervision may not provide dental hygiene preventative services that include local anesthesia, denture soft lines, temporary restorations, or any other service prohibited under 37-4-401 .

(c) A licensed dental hygienist practicing under public health supervision shall provide:

(i) for the referral to a licensed dentist of any patient needing treatment outside the scope of practice authorized for a licensed dental hygienist under this subsection (3); and

(ii) treatment based upon medical and dental health guidelines adopted by rule by the board.

(4) (a) A dental hygienist practicing under public health supervision shall obtain a limited access permit from the board.

(b) The board shall adopt rules:

(i) defining the qualifications necessary to obtain a limited access permit; and

(ii) providing a process for obtaining a limited access permit.

(c) The provision of services under a limited access permit is limited to patients or residents of facilities or programs or eligible students as part of a school-based oral health program who, due to age, infirmity, disability, or financial constraints, are unable to receive regular dental care.

(5) The board may identify, by rule, qualifying school-based oral health programs and other public health facilities and programs, in addition to those listed in subsection (6)(c), at which services under a limited access permit may be provided.

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

(a) "Direct supervision" means treatment by a dental auxiliary or licensed dental hygienist provided with the intent and knowledge of the dentist. The treatment must be performed while the dentist is on the premises.

(b) "General supervision" means treatment by a licensed dental hygienist provided with the intent and knowledge of the dentist licensed and residing in the state of Montana. The supervising dentist need not be on the premises.

(c) "Public health facility" means:

(i) federally qualified health centers; federally funded community health centers, migrant health care centers, or programs for health services for the homeless established pursuant to the Public Health Service Act, 42 U.S.C. 254b; nursing homes; extended care facilities; home health agencies; group homes for the elderly, disabled, and youth; head start programs; migrant worker facilities; local public health clinics and facilities; public institutions under the department of public health and human services; and mobile public health clinics; and

(ii) other public health facilities and programs identified by the board under subsection (5).

(d) "Public health supervision" means the provision of limited dental hygiene preventative services without the prior authorization or presence of a licensed dentist in a public health facility or school-based oral health program.

(e) "School-based oral health program" means an oral health program coordinated through school administration or school health services.
Mont. Code Ann. § 37-18-804 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-804
37-18-804 Standards of veterinary retail facilities
Status: in_force

37-18-804 . Standards of veterinary retail facilities. (1) Veterinary prescription drugs dispensed by a veterinary retail facility pursuant to a licensed veterinarian's prescription must be dispensed by a veterinary dispensing technician and are for use on livestock only, as defined in 81-2-702 .

(2) An employee of a veterinary retail facility, including a veterinary dispensing technician, may not:

(a) dispense controlled substances;

(b) compound veterinary prescription drugs for the dispensing of a prescription;

(c) repackage veterinary prescription drugs for the dispensing of a prescription, except that a veterinary dispensing technician may break down case lots of veterinary prescription drugs if the seals on the individual containers are not broken;

(d) open a container and count out or measure out any quantity of a veterinary prescription drug; or

(e) dispense medication for extralabel use.
Mont. Code Ann. § 37-50-101 — MT Code / Title 37 / Chapter 50 / Part 1 / Section 37-50-101
37-50-101 Definitions
Status: in_force

37-50-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Affiliated entity" means an entity owned, leased, or controlled by a firm through common employment or any other service arrangement, including but not limited to financial or investment services, insurance, real estate, and employee benefits services.

(2) "Agreed-upon procedures engagement" means an engagement performed in accordance with applicable attestation standards and in which a firm or person is engaged to issue a written finding that:

(a) is based on specific procedures that the specified parties agree are sufficient for their purposes;

(b) is restricted to the specified parties; and

(c) does not provide an opinion or negative assurance.

(3) "Attest" means providing the following services:

(a) an audit or other engagement to be performed in accordance with the statements on auditing standards;

(b) a review of a financial statement to be performed in accordance with the statements on standards for accounting and review services;

(c) an examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements;

(d) an engagement to be performed in accordance with the auditing standards of the public company oversight board; and

(e) an examination, other than an examination as provided in subsection (3)(c), a review, or an agreed-upon procedures engagement to be performed in accordance with the statements on standards for attestation engagements.

(4) "Board" means the board of public accountants provided for in 2-15-1756 .

(5) "Compilation" means providing a service to be performed in accordance with statements on standards for accounting and review services that presents, in the form of financial statements, information that is the representation of owners without undertaking to express any assurance on the statements.

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

(7) "Firm" means a sole practice, sole proprietorship, partnership, professional corporation, or limited liability company engaged in the practice of public accounting.

(8) "Peer review" means a board-approved study, appraisal, or review of one or more aspects of the attest or compilation work of a licensee of a registered firm in the practice of public accounting, by a person or persons who hold licenses in this or another jurisdiction and who are not affiliated with the person or firm being reviewed.

(9) "Practice of public accounting" means performing or offering to perform, by a person licensed as a certified public accountant or holding a practice privilege under 37-50-325 , for a client or potential client one or more types of services involving the use of accounting or auditing skills, including:

(a) the issuance of reports or financial statements on which the public may rely;

(b) one or more types of management advisory or consulting services as determined by the board;

(c) the preparation of tax returns; or

(d) furnishing advice on tax matters.

(10) "Principal place of business" means the office location designated by the licensee for the purposes of substantial equivalency.

(11) "Satellite office" means a secondary location of a registered public accounting firm.

(12) "Substantial equivalency" or "substantially equivalent" means a determination by the board or its designee that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to or exceed the education, examination, and experience requirements contained in the Uniform Accountancy Act or subsequent acts or that an individual certified public accountant's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the Uniform Accountancy Act. In ascertaining substantial equivalency, the board shall take into account the qualifications without regard to the sequence in which the experience, education, and examination requirements were attained.
Mont. Code Ann. § 37-47-313 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-313
37-47-313 Shuttle, rental services, drop camp, and accompaniment -- exemption
Status: in_force

37-47-313 . Shuttle, rental services, drop camp, and accompaniment -- exemption . (1) Nothing in this chapter prohibits the furnishing of shuttle, rental services, drop camp, or the accompaniment of a customer for nonhunting activities, nonfishing activities, or both, as long as those services do not include in-field assistance to a customer.

(2) For the purposes of this section, "in-field assistance" means the pursuit of fish or game, including in-field instruction for the pursuit of fish or game.
Mont. Code Ann. § 37-12-104 — MT Code / Title 37 / Chapter 12 / Part 1 / Section 37-12-104
37-12-104 Rights and limitations governing practice
Status: in_force

37-12-104 . Rights and limitations governing practice. (1) Chiropractors licensed under this chapter shall have the right to practice that science defined as chiropractic under 37-12-101 in accordance with the method, thought, and practice of chiropractors, and they shall be permitted to use the prefix "Dr." or "Doctor" as a title but shall not in any way imply that they are medical doctors, osteopaths, or surgeons. They shall not prescribe for or administer to any person any medicine or drugs or practice medicine or surgery or osteopathy, except that the use of antiseptics for purposes of sanitation and hygiene and to prevent infection and contagion shall be permitted.

(2) Licensed chiropractors may diagnose, palpate, and treat the human body by the application of manipulative, manual, mechanical, and dietetic methods, including chiropractic physiotherapy, the use of supportive appliances, analytical instruments, and diagnostic x-ray in accordance with guidelines promulgated or approved by state or federal health regulatory agencies.
Mont. Code Ann. § 37-1-410 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-410
37-1-410 Unprofessional conduct
Status: in_force

37-1-410 . Unprofessional conduct. (1) The following is unprofessional conduct for a licensee or license applicant in a profession or occupation governed by this part:

(a) subject to Title 37, chapter 1, part 2, having a conviction, including a conviction following a plea of nolo contendere, of a crime relating to or committed during the practice of the profession or occupation or involving violence, the use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending;

(b) engaging in conduct listed as a sexual crime as provided in Title 45, chapter 5, part 5, regardless of whether the conduct occurred during or is related to the licensee's profession or occupation;

(c) engaging in conduct in the profession or occupation found to be a violation of the Montana Human Rights Act, Title 49, chapter 2;

(d) permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification;

(e) fraud, misrepresentation, deception, or concealment of a material fact in applying for or assisting in securing a license or license renewal or in taking an examination required for licensure;

(f) signing or issuing, in the licensee's professional capacity, a document or statement that the licensee knows or reasonably ought to know contains a false or misleading statement;

(g) a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation;

(h) offering, giving, or promising anything of value or benefit to a federal, state, or local government employee or official for the purpose of influencing the employee or official to circumvent a federal, state, or local law, rule, or ordinance governing the licensee's profession or occupation;

(i) denial, suspension, revocation, probation, fine, surrender during investigation in lieu of discipline, or other license restriction or discipline by a court, government agency, or private licensing or credentialing entity if the action is not on appeal, not under judicial review, or has been satisfied. For the purposes of this section, a revoked license or certificate is not satisfied unless it is reinstated.

(j) failure to comply with a term, condition, or limitation of a license by final order of the department;

(k) having a physical or mental disability that renders the licensee or license applicant unable to practice the profession or occupation with reasonable skill and safety;

(l) misappropriating property or funds from a client or workplace or failing to comply with the department's rule regarding the accounting and distribution of a client's property or funds;

(m) interference with an audit, investigation, inspection, or disciplinary proceeding by failure to respond or cooperate, willful misrepresentation of facts, use of threats or harassment against or inducement to a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action, or use of threats or harassment against or inducement to a person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed;

(n) assisting in the unlicensed practice of a profession or occupation or allowing another person or organization to practice or offer to practice the profession or occupation by use of the licensee's license, or practicing while the licensee's license is in an inactive status;

(o) use of alcohol, a habit-forming drug, or a controlled substance, as defined in Title 50, chapter 32, to the extent that the use impairs the user physically or mentally in the performance of licensed professional duties;

(p) revealing confidential information obtained as the result of a professional relationship without the prior consent of the recipient of services, except as authorized or required by law;

(q) engaging in the practice while suffering from a contagious or infectious disease involving serious risk to public health or without taking adequate precautions, including but not limited to informed consent, protective gear, or cessation of practice;

(r) violating a federal, state, or local law or rule relating to the conduct of the profession or occupation; or

(s) conduct that does not meet generally accepted standards of practice. A certified copy of a judgment against the licensee or license applicant or of a tort judgment in an action involving an act or omission occurring during the scope and course of the practice is conclusive evidence of but is not needed to prove conduct that does not meet generally accepted standards.

(2) Notwithstanding the provisions of this section or any other provision of this title governing unprofessional conduct of a licensee or a license applicant under this title, it is not unprofessional conduct for a licensee or a license applicant under this title to engage in the exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution.
Mont. Code Ann. § 37-17-101 — MT Code / Title 37 / Chapter 17 / Part 1 / Section 37-17-101
37-17-101 Purpose
Status: in_force

37-17-101 . Purpose. The legislature finds and declares that the practice of psychology in Montana affects the public health, safety, and welfare and should therefore be subject to regulation and control in the public interest in order to protect the public from the unauthorized and unqualified practice of psychology and from unprofessional conduct by persons licensed to practice psychology.
Mont. Code Ann. § 37-7-1404 — MT Code / Title 37 / Chapter 7 / Part 14 / Section 37-7-1404
37-7-1404 Cancer drugs or devices accepted or dispensed -- conditions
Status: in_force

37-7-1404 . Cancer drugs or devices accepted or dispensed -- conditions. (1) (a) Unless otherwise prohibited by law, a cancer drug or device may be accepted or dispensed under the cancer drug repository program established under 37-7-1403 if the drug or device is in its original, unopened, sealed, and tamper-evident unit dose packaging.

(b) A cancer drug packaged in single-unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit dose packaging is unopened.

(2) A cancer drug may not be accepted or dispensed under this section if the drug:

(a) bears an expiration date that is earlier than 6 months after the date the drug was donated;

(b) is considered adulterated or misbranded under the provisions of Title 50, chapter 31, part 3; or

(c) is subject to restricted distribution pursuant to 21 CFR 314.520.

(3) Subject to the limitations provided in this section, an unused cancer drug or device dispensed under the medicaid program provided for in Title 53, chapter 6, may be accepted and dispensed under the cancer drug repository program.

(4) A cancer drug or device donated under this program must be stored:

(a) separately from other prescription drugs or stock;

(b) according to the manufacturer's recommended storage conditions; and

(c) in the compounding or dispensing area if stored in a pharmacy.

(5) In dispensing a donated cancer drug or device, a participant shall give first priority to a qualified patient in the participant's service area. Other cancer patients may receive donated cancer drugs or devices if a qualified patient is not available.

(6) A participant shall notify a patient if the patient is receiving a cancer drug or device that has been donated.
Mont. Code Ann. § 37-7-503 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-503
37-7-503 Rulemaking
Status: in_force

37-7-503 . Rulemaking. The board of pharmacy may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this part in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 37-18-803 — MT Code / Title 37 / Chapter 18 / Part 8 / Section 37-18-803
37-18-803 Veterinary retail facility -- license required
Status: in_force

37-18-803 . Veterinary retail facility -- license required. (1) A person, partnership, association, corporation, or limited liability company may not open, establish, operate, maintain, or do business as a veterinary retail facility without first obtaining a license from the board of pharmacy.

(2) The board of pharmacy shall prescribe the license application form.

(3) An application or renewal application must be accompanied by a fee set by board rule.

(4) A license must be renewed annually.

(5) Separate applications and separate permits are required for each veterinary retail facility opened, established, operated, or maintained by the same owner and for a change of location, name, or ownership of an existing veterinary retail facility.

(6) The board may adopt rules to implement this section.
Mont. Code Ann. § 37-65-201 — MT Code / Title 37 / Chapter 65 / Part 2 / Section 37-65-201
37-65-201 Organization -- records
Status: in_force

37-65-201 . Organization -- records. (1) The board shall, on an annual basis, elect from among its number a president, vice president, and secretary-treasurer.

(2) The department shall keep a record of proceedings of the board.

(3) The department shall keep a register of applicants for a license, with the name of the applicant and whether the applicant was granted a license or rejected. The register is prima facie evidence of the matters contained in it.
Mont. Code Ann. § 37-4-322 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-322
37-4-322 When publishing professional cards not unprofessional conduct
Status: in_force

37-4-322 . When publishing professional cards not unprofessional conduct. (1) It is not considered unprofessional for a dentist to place in any newspaper or publication, subject to the limitations stated in this section, a card bearing the dentist's name only, together with the dentist's degree or the word "dentist" and giving office location, hours, and telephone numbers. If the dentist limits the dentist's practice to a specialty, the dentist may announce it or the dentist may announce an absence from or a return to practice in the same manner.

(2) A dentist may publish a list of fees, but the listing must include full and complete information stating if the published fee is minimum, maximum, or usual and whether or not any additional charges may be made for the services published. All announcements or publications must be done in a professional manner that will in no way coerce or confuse the public.
Mont. Code Ann. § 37-4-302 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-302
37-4-302 Recognition of dental schools and dental hygiene schools
Status: in_force

37-4-302 . Recognition of dental schools and dental hygiene schools. In determining what constitutes a recognized dental college, the board shall be guided by the standards, canons, and practices required for recognition by the commission on dental accreditation. In determining what constitutes a recognized dental hygiene school, the board shall recognize only those dental hygiene schools accredited by the commission on dental accreditation or its successor as designated by the United States department of education or the council on post-secondary accreditation, or both.
Mont. Code Ann. § 37-1-408 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-408
37-1-408 Reinstatement
Status: in_force

37-1-408 . Reinstatement. (1) Unless the department orders a permanent revocation, a licensee whose license has been revoked may petition the department for reinstatement after an interval set by the department in the order. The department may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312 .

(2) The department 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. § 37-19-816 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-816
37-19-816 Permit -- transfer of ownership
Status: in_force

37-19-816 . Permit -- transfer of ownership. (1) If a cemetery company that is subject to the provisions of this part is to be sold, if the ownership is to be otherwise transferred, or if a controlling interest in the company is to be sold or otherwise transferred, the proposed purchaser or transferee shall file an application for the issuance of a new permit with the board.

(2) The application must be accompanied by a fee and other information that the board requires by rule.
Mont. Code Ann. § 37-40-302 — MT Code / Title 37 / Chapter 40 / Part 3 / Section 37-40-302
37-40-302 Application -- examination -- certificate -- provisional license
Status: in_force

37-40-302 . Application -- examination -- certificate -- provisional license. (1) A person wishing to practice the profession of sanitarian may apply to the department on a form furnished by the department.

(2) An applicant must have a minimum of a bachelor's degree in environmental health or its equivalent from an accredited university or college.

(3) If the applicant meets the department's standards and passes the examination prescribed by the department, the department shall issue a certificate of registration.

(4) An applicant may apply for a provisional license under 37-1-144 while completing educational requirements as prescribed by board rule.

(5) A holder of a current certificate is entitled to append to the holder's name the initials "R.S.".
Mont. Code Ann. § 37-24-103 — MT Code / Title 37 / Chapter 24 / Part 1 / Section 37-24-103
37-24-103 Definitions
Status: in_force

37-24-103 . 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) "Certified occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under this chapter, who works under the general supervision of an occupational therapist in accordance with the provisions of the national board for certification in occupational therapy, inc., and adopted by the board.

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

(4) "Occupational therapist" means a person licensed to practice occupational therapy under this chapter.

(5) "Occupational therapy" means the therapeutic use of purposeful goal-directed activities and interventions to achieve functional outcomes to maximize the independence and the maintenance of health of an individual who is limited by disease or disorders, impairments, activity limitations, or participation restrictions that interfere with the individual's ability to function independently in daily life roles. The practice encompasses evaluation, assessment, treatment, consultation, remediation, and restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes. Occupational therapy services may be provided individually, in groups, or through social systems. Occupational therapy interventions include but are not limited to:

(a) evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work or productive activities, including instrumental activities of daily living, and play and leisure activities;

(b) developing perceptual-motor skills and sensory integrative functioning;

(c) developing play skills and leisure capacities and enhancing educational performance skills;

(d) designing, fabricating, or applying orthotic or prosthetic devices, applying and training in the use of assistive technology, and training in the use of orthotic and prosthetic devices;

(e) providing for the development of emotional, motivational, cognitive, psychosocial, or physical components of performance;

(f) providing assessment and evaluation, including the use of skilled observation or the administration and interpretation of standardized or nonstandardized tests and measurements to identify areas for occupational therapy services;

(g) adaptation of task, process, or the environment, as well as teaching of compensatory techniques, in order to enhance performance;

(h) developing feeding and swallowing skills;

(i) enhancing and assessing work performance and work readiness through occupational therapy intervention, including education and instruction, activities to increase and improve general work behavior and skill, job site evaluation, on-the-job training and evaluation, development of work-related activities, and supported employment placement;

(j) providing neuromuscular facilitation and inhibition, including the activation, facilitation, and inhibition of muscle action, both voluntary and involuntary, through the use of appropriate sensory stimulation, including vibration or brushing, to evoke a desired muscular response;

(k) application of physical agent modalities, as defined in this section, as an adjunct to or in preparation for engagement in purposeful goal-directed activity;

(l) promoting health and wellness;

(m) evaluating and providing intervention in collaboration with the client, family, caregiver, or others;

(n) educating the client, family, caregiver, or others in carrying out appropriate nonskilled interventions;

(o) consulting with groups, programs, organizations, or communities to provide population-based services; and

(p) use of prescribed topical medications.

(6) "Occupational therapy aide" means a person who assists in the practice of occupational therapy under the direct supervision of an occupational therapist or occupational therapy assistant and whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy.

(7) "Occupational therapy assistant" means a person who is licensed to assist in the practice of occupational therapy under this chapter and who works under the general supervision of an occupational therapist.

(8) "Physical agent modalities" means those modalities that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. Physical agent modalities are characterized as adjunctive methods used in conjunction with or in immediate preparation for patient involvement in purposeful activity. Superficial physical agent modalities include hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling devices. Use of superficial physical agent modalities is limited to the shoulder, arm, elbow, forearm, wrist, and hand and is subject to the provisions of 37-24-105 . Use of sound and electrical physical agent modality devices is limited to the shoulder, arm, elbow, forearm, wrist, and hand and is subject to the provisions of 37-24-106 .

(9) "Purposeful goal-directed activity" means an activity in which the individual is an active, voluntary participant and is directed toward a goal that the individual considers meaningful. Purposeful activities are used to evaluate, facilitate, restore, or maintain individuals' abilities to function within their daily occupations.

(10) "Topical medications" means medications applied locally to the skin and includes only medications listed in 37-24-108 (2) for which a prescription is required under state or federal law.
Mont. Code Ann. § 37-54-305 — MT Code / Title 37 / Chapter 54 / Part 3 / Section 37-54-305
37-54-305 Issuance and display of certificate
Status: in_force

37-54-305 . Issuance and display of certificate. (1) The board shall issue a certificate and a pocket card to a person who meets the requirements of 37-54-302 and 37-54-303 .

(2) The certificate must include the dates of issuance and renewal of certification.

(3) A certified real estate appraiser shall conspicuously display the certificate in the appraiser's principal place of business.

(4) A certified real estate appraiser shall designate the class for which the appraiser is certified and place the certificate number on each appraisal report, contract, or other instrument that the appraiser uses in conducting real estate appraisal activities.
Mont. Code Ann. § 37-2-301 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-301
37-2-301 Duty to report cases of communicable disease
Status: in_force

37-2-301 . Duty to report cases of communicable disease. (1) If a physician or other practitioner of the healing arts examines or treats a person who the physician or other practitioner believes has a communicable disease or a disease declared reportable by the department of public health and human services, the physician or other practitioner shall immediately report the case to the local health officer. The report must be in the form and contain the information prescribed by the department.

(2) A person who violates the provisions of this section or rules adopted by the department under the provisions of this section is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500, imprisoned for not more than 90 days, or both. Each day of violation constitutes a separate offense. Fines, except those collected by a justice's court, must be paid to the county treasurer of the county in which the violation occurs.
Mont. Code Ann. § 37-1-409 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-409
37-1-409 Enforcement of fine
Status: in_force

37-1-409 . Enforcement of fine. (1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the department may enforce the order for payment in the district court of the first judicial district.

(2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.
Mont. Code Ann. § 37-29-201 — MT Code / Title 37 / Chapter 29 / Part 2 / Section 37-29-201
37-29-201 Board powers and duties
Status: in_force

37-29-201 . Board powers and duties. The board has the following powers and duties:

(1) determination of the qualifications of applicants for licensure under this chapter;

(2) administration of examinations for licensure under this chapter;

(3) collection of fees and charges prescribed in this chapter;

(4) issuance, suspension, and revocation of licenses for the practice of denturitry under the conditions prescribed in this chapter; and

(5) to adopt, amend, and repeal rules necessary for the implementation, continuation, and enforcement of this chapter, including but not limited to form and display of licenses, license examination format, criteria and grading of examinations, and disciplinary standards for licensees.
Mont. Code Ann. § 37-26-302 — MT Code / Title 37 / Chapter 26 / Part 3 / Section 37-26-302
37-26-302 Exemptions
Status: in_force

37-26-302 . Exemptions. (1) This chapter recognizes that many of the therapies used by naturopathic physicians, such as the use of nutritional supplements, herbs, foods, homeopathic preparations, and such physical forces as heat, cold, water, touch, and light, are not the exclusive privilege of naturopathic physicians, and their use, practice, prescription, or administration by persons not licensed to practice naturopathic medicine is not prohibited by this chapter.

(2) This chapter does not restrict or apply to the scope of practice of any other professions licensed, certified, or registered under the laws of this state.
Mont. Code Ann. § 37-54-111 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-111
37-54-111 Certificate of good standing
Status: in_force

37-54-111 . Certificate of good standing. The board may issue a certificate of good standing to any licensed or certified real estate appraiser who holds a current valid license or certificate in this state.
Mont. Code Ann. § 37-2-102 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-102
37-2-102 Practices declared unlawful between drug companies and medical practitioners -- exception
Status: in_force

37-2-102 . Practices declared unlawful between drug companies and medical practitioners -- exception. (1) Except as provided in subsection (2), it is unlawful:

(a) for a drug company to give or sell to a medical practitioner any legal or beneficial interest in the company or in the income of the company with the intent or for the purpose of inducing the medical practitioner to prescribe to patients the drugs of the company. The giving or selling of an interest by the company to a medical practitioner without the interest first having been publicly offered to the general public is prima facie evidence of the intent or purpose.

(b) for a medical practitioner to acquire or own a legal or beneficial interest in any drug company, provided it is not unlawful for a medical practitioner to acquire or own an interest solely for investment, and the acquisition of an interest that is publicly offered to the general public is prima facie evidence of its acquisition solely for investment; or

(c) for a medical practitioner to solicit or to knowingly receive from a drug company or for a drug company to pay or to promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon the volume of wholesale or retail sales, at any place, of drugs manufactured, processed, packaged, or distributed by the company.

(2) Subsection (1)(c) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.
Mont. Code Ann. § 37-51-311 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-311
37-51-311 Fees -- deposit of fees
Status: in_force

37-51-311 . Fees -- deposit of fees. The fees prescribed by the board must be charged by the department and paid into the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-18-102 — MT Code / Title 37 / Chapter 18 / Part 1 / Section 37-18-102
37-18-102 Veterinary medicine defined
Status: in_force

37-18-102 . Veterinary medicine defined. (1) A person is considered to be practicing veterinary medicine when the person does any of the following:

(a) represents to the public that the person is a veterinarian or is engaged in the practice of veterinary medicine in any of its branches, either directly or indirectly;

(b) uses words, titles, or letters in this connection or on a display or advertisement or under circumstances so as to induce the belief the person using them is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine in any of its branches.

(c) diagnoses, prescribes, or administers a drug, medicine, appliance, application, or treatment of whatever nature or performs a surgical operation or manipulation for the prevention, cure, or relief of a pain, deformity, wound, fracture, bodily injury, physical condition, or disease of animals;

(d) instructs, demonstrates, or solicits by a notice, sign, or other indication, with contract either express or implied, or otherwise, with or without the necessary instruments, for the administration of biologics or medicines or animal disease cures for the prevention and treatment of disease of animals and remedies for the treatment of internal parasites in animals;

(e) performs a manual or laboratory procedure on livestock for the diagnosis of pregnancy, sterility, or infertility for remuneration or hire;

(f) performs acupuncture, ova or embryo transfer, or dentistry on animals;

(g) instructs others, except those covered under the provisions of 37-18-104 (4), for compensation, in any manner how to perform any acts that constitute the practice of veterinary medicine.

(2) Subsection (1)(e) may not in any way be construed to prohibit the pregnancy testing by any person of the person's own farm animals or by the person's employees regularly employed in the conduct of the person's business or by other persons whose services are rendered gratuitously.

(3) A licensed veterinary technician engaged in tasks as provided in 37-18-702 is practicing only those forms of veterinary medicine allowed by law or by rule and must be under the direct, immediate, or indirect supervision of a licensed veterinarian as provided by law or by rule promulgated by the board or working under written instructions within the scope of practice allowed under 37-18-702 or by rule.

(4) This section may not be construed as modifying, amending, altering, or repealing any part of 37-18-104 .
Mont. Code Ann. § 37-7-1401 — MT Code / Title 37 / Chapter 7 / Part 14 / Section 37-7-1401
37-7-1401 Programs for donation of unused prescription drugs, cancer drugs, and devices -- rulemaking required
Status: in_force

37-7-1401 . Programs for donation of unused prescription drugs, cancer drugs, and devices -- rulemaking required. (1) The board of pharmacy shall, in consultation and cooperation with the department of public health and human services, create a program for the donation of prescription drugs collected from long-term care facilities to qualified patients.

(2) For the purposes of the program created pursuant to subsection (1), prescription drugs, except those drugs defined as a dangerous drug in 50-32-101 or a drug designated as a precursor to a controlled substance in 50-32-401 , unneeded by a resident or former resident of a long-term care facility may be donated by the long-term care facility to a provisional community pharmacy that provides or may provide prescription drugs to individuals who are qualified patients for transfer free of charge or at a reduced charge to those individuals.

(3) This section does not amend or otherwise change the law applicable to the prescribing of prescription drugs, the sale of those drugs, or the licensing of long-term care facilities or pharmacies.

(4) The board of pharmacy shall adopt rules to implement this part. The rules must address:

(a) the collection, receipt, and storage of donated drugs and devices;

(b) the transfer of prescription drugs donated by a long-term care facility to provisional community pharmacies;

(c) which pharmacies may be considered provisional community pharmacies that may sell or give the prescription drugs donated by long-term care facilities to others;

(d) eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs or devices;

(e) the forms needed for the administration of the donated drug programs;

(f) categories of cancer drugs and devices that the cancer drug repository program will accept for dispensing and categories it will not accept, including the reason that a cancer drug or device will not be accepted;

(g) the price for which the prescription drugs donated by a long-term care facility may be sold; and

(h) the maximum handling fee that may be charged by participants that accept and distribute or dispense a cancer drug or device.

(5) In adopting the rules, the board of pharmacy shall consider the ability of persons to pay for the drugs and the existence and operation of similar programs in other states.
Mont. Code Ann. § 37-2-502 — MT Code / Title 37 / Chapter 2 / Part 5 / Section 37-2-502
37-2-502 Definitions
Status: in_force

37-2-502 . Definitions. As used in this part, the following definitions apply:

(1) "Health care provider" means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.

(2) "Labeling" means any written material that accompanies, supplements, or explains a product.

(3) "Lawful health care service" means any health-related service or treatment that is not prohibited by law or regulation.

(4) "Off-label use" means any use of a prescription drug, biologic, approved medical device, or dietary supplement approved by the United States food and drug administration in a manner not specified in the labeling or indications for the product if the product is used for medical purposes.

(5) "Punish" means the imposition of any penalty, sanction, or disciplinary action to discourage the exercise of the right to freedom of speech under this part.

(6) (a) "Unprofessional conduct" has the meaning provided in 37-1-316 .

(b) The term does not include conduct by a health care provider who is acting within the minimum standards of practice as determined by the licensing board responsible for governing the health care provider's profession.
Mont. Code Ann. § 37-15-314 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-314
37-15-314 Telehealth -- authorization -- assistants
Status: in_force

37-15-314 . Telehealth -- authorization -- assistants. (1) An audiologist, speech-language pathologist, speech-language pathology assistant, or audiology assistant who is licensed under and meets the requirements of this chapter may engage in telehealth in Montana without obtaining a separate or additional license from the board.

(2) Except as provided in 37-15-103 , an audiologist, speech-language pathologist, speech-language pathology assistant, or audiology assistant who is not a resident of Montana and who is not licensed under this chapter may not provide services to patients in Montana through telehealth without first obtaining a license from the board in accordance with this part or pursuant to the Audiology and Speech-Language Pathology Interstate Compact provided for in 37-15-401 .

(3) An audiology assistant or a speech-language pathology assistant may engage in telehealth or provide other services as directed by a speech-language pathologist or audiologist that otherwise comply with board rules for scope of practice by speech-language pathology assistants and audiology assistants.
Mont. Code Ann. § 37-56-107 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-107
37-56-107 Property manager's office -- notice of change of address
Status: in_force

37-56-107 . Property manager's office -- notice of change of address. A property manager shall maintain a designated physical office. The designated address of the property manager must be indicated on the property manager's license. The property manager shall notify the department of a new address within 10 days.
Mont. Code Ann. § 37-69-303 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-303
37-69-303 Application -- contents -- requirements
Status: in_force

37-69-303 . Application -- contents -- requirements. A person, firm, or corporation desiring to engage in or work in the field of plumbing in this state, either as a master plumber or as a journeyman plumber, shall make application to the department by filing a written application stating the applicant's place of residence, age, and experience and the place where the applicant has acquired experience and must at a time and place designated by the board be examined as to the qualifications for a license.
Mont. Code Ann. § 37-8-204 — MT Code / Title 37 / Chapter 8 / Part 2 / Section 37-8-204
37-8-204 Executive director
Status: in_force

37-8-204 . Executive director. (1) The department shall hire an executive director to provide services to the board in connection with the board's duties of:

(a) prescribing curricula and standards for nursing schools and making surveys of and approving schools and courses;

(b) evaluating and approving courses for affiliation of student nurses; and

(c) reviewing qualifications of applicants for licensure.

(2) The department shall hire as the executive director an individual who:

(a) is a graduate of an approved school of nursing and who has at least a master's degree with postgraduate courses in nursing;

(b) is licensed as a registered professional nurse in Montana; and

(c) has experience in teaching or administration in an approved school of nursing and who has completed at least 3 years in the clinical practice of nursing.
Mont. Code Ann. § 37-20-303 — MT Code / Title 37 / Chapter 20 / Part 3 / Section 37-20-303
37-20-303 Exemptions from licensure requirement
Status: in_force

37-20-303 . Exemptions from licensure requirement. (1) This chapter does not prohibit or require a license as a physician assistant for the rendering of medical or medically related services if the service rendered is within the applicable scope of practice for any of the following individuals:

(a) a physician assistant providing services in an emergency or catastrophe, as provided in 37-20-410 ;

(b) a federally employed physician assistant;

(c) a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a medication aide licensed or authorized pursuant to Title 37, chapter 8;

(d) a student physician assistant when practicing in a hospital or clinic in which the student is training;

(e) a physical therapist licensed pursuant to Title 37, chapter 11;

(f) a medical assistant, as provided in 37-3-104 ;

(g) an emergency care provider licensed pursuant to Title 50, chapter 6; or

(h) any other medical or paramedical practitioner, specialist, or medical assistant, technician, or aide when licensed or authorized pursuant to laws of this state.

(2) A licensee or other individual referred to in subsection (1) who is not a licensed physician assistant may not use the title "PA" or "PA-C" or any other word or abbreviation to indicate or induce others to believe that the individual is a physician assistant.
Mont. Code Ann. § 37-17-103 — MT Code / Title 37 / Chapter 17 / Part 1 / Section 37-17-103
37-17-103 Limitation of license authority
Status: in_force

37-17-103 . Limitation of license authority. Nothing in this chapter shall be construed as permitting psychologists to prescribe drugs, perform surgery, or administer electroconvulsive therapy.
Mont. Code Ann. § 37-8-101 — MT Code / Title 37 / Chapter 8 / Part 1 / Section 37-8-101
37-8-101 Purpose
Status: in_force

37-8-101 . Purpose. To safeguard life and health, a person practicing or offering to practice:

(1) professional nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;

(2) practical nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;

(3) as a medication aide in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter.
Mont. Code Ann. § 37-19-905 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-905
37-19-905 Arrangements provided by survivors
Status: in_force

37-19-905 . Arrangements provided by survivors. The provisions of 37-19-903 and 37-19-904 (1) do not prevent the decedent's survivors, in the order listed in 37-19-904 , from pursuing, at their own expense, meaningful services and making arrangements for funeral services that do not conflict with the decedent's instructions for disposition made in accordance with 37-19-903 and 37-19-904 (1).
Mont. Code Ann. § 37-1-319 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-319
37-1-319 Rules
Status: in_force

37-1-319 . Rules. A board may adopt rules:

(1) under the guidelines of 37-1-306 , regarding continuing education and establishing the number of hours required each year, the methods of obtaining education, education topics, and carrying over hours to subsequent years;

(2) regarding qualifications for inactive license status that may require compliance with stated continuing education requirements and may limit the number of years a person may remain on inactive status without having to reestablish qualifications for licensure;

(3) regarding maintenance and safeguarding of client funds or property possessed by a licensee and requiring the funds or property to be maintained separately from the licensee's funds and property; and

(4) defining acts of unprofessional conduct, in addition to those contained in 37-1-316 , that constitute a threat to public health, safety, or welfare and that are inappropriate to the practice of the profession or occupation.
Mont. Code Ann. § 37-31-202 — MT Code / Title 37 / Chapter 31 / Part 2 / Section 37-31-202
37-31-202 Compensation of members -- expenses
Status: in_force

37-31-202 . Compensation of members -- expenses. Each member of the board is entitled to receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-56-103 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-103
37-56-103 License required to manage property
Status: in_force

37-56-103 . License required to manage property. A person may not practice as a property manager unless actively licensed under Title 37, chapter 1, and this part.
Mont. Code Ann. § 37-3-803 — MT Code / Title 37 / Chapter 3 / Part 8 / Section 37-3-803
37-3-803 Definitions
Status: in_force

37-3-803 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Eligible individual" means an individual who is:

(a) enrolled in the medicare program;

(b) enrolled in the medical assistance program provided for in Title 53, chapter 6; or

(c) uninsured and whose family income does not exceed 200% of the federal poverty level.

(2) "Health care" has the meaning provided in 50-16-504 .

(3) "Health care facility" has the meaning provided in 50-5-101 .
Mont. Code Ann. § 37-68-101 — MT Code / Title 37 / Chapter 68 / Part 1 / Section 37-68-101
37-68-101 Purpose
Status: in_force

37-68-101 . Purpose. The purpose of this chapter is to:

(1) protect the health and safety of the people of this state from the danger of electrically caused shocks, fires, and explosions;

(2) protect property from the hazard of electrically caused fires and explosions;

(3) establish a procedure for determining where and by whom electrical installations are to be made;

(4) assure the public that persons making electrical installations are qualified; and

(5) ensure that the electrical installations in this state meet minimum safety standards.
Mont. Code Ann. § 37-15-103 — MT Code / Title 37 / Chapter 15 / Part 1 / Section 37-15-103
37-15-103 Exemptions -- rulemaking
Status: in_force

37-15-103 . Exemptions -- rulemaking. (1) This chapter does not prevent a person licensed in this state under any other law from engaging in the profession or business for which that person is licensed.

(2) This chapter does not restrict or prevent activities of a speech-language pathology or audiology nature or the use of the official title of the position for which the activities were performed on the part of a speech-language pathologist or audiologist employed by federal agencies.

(3) Those persons performing activities described in subsection (2) who are not licensed under this chapter may perform those activities only within the confines of or under the jurisdiction of the organization in which they are employed and may not offer speech-language pathology or audiology services to the public for compensation over and above the salary they receive for performance of their official duties with organizations by which they are employed. However, without obtaining a license under this chapter, these persons may consult or disseminate their research findings and scientific information to other accredited academic institutions or governmental agencies. They also may offer lectures to the public for a fee without being licensed under this chapter.

(4) This chapter does not restrict the activities and services of a student in speech-language pathology or audiology from pursuing a course of study in speech-language pathology or audiology at an accredited or approved college or university or an approved clinical training facility. However, these activities and services must constitute a part of a supervised course of study, and a fee may not accrue directly or indirectly to the student. These students must be designated by the title "speech-language pathology or audiology intern", "speech-language pathology or audiology trainee", or a title clearly indicating the training status appropriate to the level of training.

(5) Except as provided in 37-1-144 , this chapter does not restrict a person from another state from offering speech-language pathology or audiology services in this state if the services are performed for not more than 5 days in any calendar year and if the services are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter.

(6) This chapter does not restrict a person holding a class A certificate issued by the conference of executives of American schools of the deaf from performing the functions for which the person qualifies.

(7) This chapter does not restrict a person who is licensed in this state as a hearing aid dispenser from performing the functions for which the person qualifies and that are described in Title 37, chapter 16.

(8) (a) An audiologist who orders, sells, dispenses, or fits prescription hearing aids is exempt from the licensing requirements or other provisions of Title 37, chapter 16.

(b) The board may adopt rules pertaining to the selling, dispensing, and fitting of prescription hearing aids and prescription hearing aid parts, attachments, and accessories.
Mont. Code Ann. § 37-2-201 — MT Code / Title 37 / Chapter 2 / Part 2 / Section 37-2-201
37-2-201 Nonliability -- evidential privilege -- application to nonprofit corporations
Status: in_force

37-2-201 . Nonliability -- evidential privilege -- application to nonprofit corporations. (1) A member of a utilization review or medical ethics review committee of a hospital or long-term care facility or of a professional utilization committee, peer review committee, medical ethics review committee, or professional standards review committee of a society composed of persons licensed to practice a health care profession is not liable in damages to any person for any action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the member after reasonable effort to obtain the facts of the matter for which the action is taken or a recommendation is made.

(2) The proceedings and records of professional utilization, peer review, medical ethics review, and professional standards review committees are not subject to discovery or introduction into evidence in any proceeding. However, information otherwise discoverable or admissible from an original source is not to be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before the committee, nor is a member of the committee or other person appearing before it to be prevented from testifying as to matters within the individual's knowledge, but the individual may not be questioned about the individual's testimony or other proceedings before the committee or about opinions or other actions of the committee or any member of the committee.

(3) This section also applies to any member, agent, or employee of a nonprofit corporation engaged in performing the functions of a peer review, medical ethics review, or professional standards review committee.
Mont. Code Ann. § 37-56-106 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-106
37-56-106 Penalty for failure to comply with trust account requirements
Status: in_force

37-56-106 . Penalty for failure to comply with trust account requirements. (1) An employee of the department may issue a citation to a property manager responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319 (3).

(2) The citation must include:

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

(b) the name, title, mailing address, and signature of the person issuing the citation;

(c) reference to the statute or rule violated;

(d) the name, title, and mailing address of the person to whom the citation is being sent, along with information explaining the procedure for the person receiving the citation to follow to pay the fine or dispute the violation; and

(e) the amount of the applicable fine.

(3) The applicable civil fine for failure to comply with trust account maintenance requirements is $1,000 for each cited violation.

(4) The person who issues the citation is authorized to collect the fine and deposit the proceeds in the state special revenue account to the credit of the board.

(5) The person who is issued a citation may pay the fine or file a written dispute of the violation with the department within 5 business days of the date of issuance.

(6) A person who refuses to sign and accept a citation but who does not file a written dispute of the violation is demonstrating unprofessional conduct.
Mont. Code Ann. § 37-2-409 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-409
37-2-409 Quality assurance guidelines -- reviews -- contracts
Status: in_force

37-2-409 . Quality assurance guidelines -- reviews -- contracts. (1) Reviews of medical practitioners conducted by a quality assurance committee under this part must comply with the following guidelines:

(a) A random review is a review of at least 10 randomly selected patient charts, which must be reviewed by a quality assurance committee. The quality assurance committee may gather data from any source for purposes of the review. The quality assurance committee shall submit an evaluation report to the medical practice group outlining the review findings and recommending changes if changes are determined necessary.

(b) A focused review is a review intended for specific clinical and quality improvement purposes, such as:

(i) reviewing patient medical records relating to a certain disease or procedural category for purposes of comparing documented treatment to available and current standards of medical care;

(ii) assessing the efficacy and efficiency of an office procedure or process related to clinical care; or

(iii) reviewing office and clinical practices prompted by an analysis and results of incident reports.

(c) An incident review is for purposes of gathering data, investigating, conducting analysis, coordinating all responses, and recommending and initiating corrective action, as necessary, connected with a specific incident involving the delivery of medical care to a patient of the medical practice group.

(2) (a) A review of a medical practitioner conducted by a quality assurance committee under this part must be based on appropriateness, medical necessity, adequacy of documentation, and efficiency of services.

(b) The medical practitioner being reviewed must be immediately advised of the findings of the quality assurance committee in order to further the educational process for the physician.

(c) As a result of a review of a medical practitioner conducted under this part, the medical practice group is responsible for documenting:

(i) any corrective action that is taken;

(ii) any policies, procedures, or clinical processes that are changed;

(iii) the person responsible for implementing the changes; and

(iv) how the medical practice group will ensure that the changes are made.

(3) A medical practice group may contract with a group or organization composed of medical practitioners or with a nonprofit corporation engaged in performing the functions of a quality assurance committee for purposes of conducting any review allowed under this part.
Mont. Code Ann. § 37-51-325 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-325
37-51-325 Professional liability insurance required -- errors and omissions insurance coverage -- policy requirements
Status: in_force

37-51-325 . Professional liability insurance required -- errors and omissions insurance coverage -- policy requirements. (1) A real estate broker or salesperson with an active real estate license under this chapter must maintain continuous professional liability insurance coverage that meets the requirements of this section during the period of licensure. The insurance must cover the broker or salesperson for activities contemplated under Title 37, chapter 51, part 3, including errors and omissions by the real estate broker or salesperson.

(2) A real estate broker or salesperson with an active real estate license under this chapter must be covered by professional liability insurance through a policy:

(a) issued to real estate broker or salesperson licensees provided on a group policy basis that is approved by the board;

(b) obtained by real estate broker or salesperson licensees independently; or

(c) issued to the firm with which a real estate broker or salesperson license is affiliated.

(3) All policies issued under this chapter must:

(a) be issued by an insurer licensed under Title 33 to provide professional liability insurance;

(b) offer prior acts coverage to an insured who maintains continuous past insurance coverage;

(c) provide an automatic 60-day extended reporting period to report a claim if the policy is canceled or not renewed for any reason other than nonpayment of premium or a deductible; and

(d) offer an optional extended reporting of not less than 365 days to report a claim, as long as the insured requests the extended reporting period and pays any additional premium for the extended reporting period within 60 days after expiration or cancellation of the policy.

(4) (a) A professional liability insurance policy must be issued to the board and must cover a group of real estate brokers and salespersons licensed under Title 37, chapter 51, part 3, as named insureds. The board may request bids from insurers for the group policy and may use a limited solicitation under 18-4-305 . The maximum contract period between the insurer and the board is seven consecutive policy terms, although the board may place the contract out for bid at the end of any policy period. A policy term is for a year. A real estate broker or salesperson licensee may not be denied coverage or be canceled by the group policy.

(b) The group policy must:

(i) have a minimum per-claim limit of $100,000;

(ii) have a minimum annual aggregate limit of $300,000;

(iii) have a deductible maximum of $2,500 a claim for damages; and

(iv) provide coverage that is specific to the real estate broker or salesperson licensee regardless of changes in supervising broker.

(5) If the board is unable to obtain a professional liability insurance policy as described in subsection (4) on terms and conditions the board determines are commercially reasonable, the requirements of this section do not apply to the licensing period for which the policy is sought.

(6) A professional liability insurance policy may be independently issued to a real estate broker or salesperson licensee. The individual policy must:

(a) have a minimum per-claim limit of $100,000;

(b) have a minimum annual aggregate limit of $300,000; and

(c) have a deductible maximum of $2,500 a claim for damages.

(7) A professional liability insurance policy issued to the firm with which a real estate broker or salesperson licensee is affiliated must:

(a) have a minimum per-claim limit of $100,000;

(b) have a minimum annual aggregate limit of $1 million; and

(c) have a maximum deductible as follows:

(i) $10,000 a claim; or

(ii) greater than $10,000 a claim but not to exceed $100,000 a claim, provided the firm has obtained written approval from the board, based on rules adopted by the board, that the firm is financially able to pay the difference between the amount of the deductible set forth in the firm's professional liability insurance policy and $10,000.

(8) An applicant seeking to obtain a real estate broker or salesperson license or renew an active real estate broker or salesperson license shall prove to the board compliance with the insurance requirements of this section. A real estate broker or salesperson licensee who fails to produce proof of coverage on request by the board or its designee is subject to administrative suspension or disciplinary action as determined by the board.

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

(a) "Aggregate limit" means a provision in an insurance contract limiting the maximum liability of an insurer for a series of losses in a given time period, such as a policy term.

(b) "Claims-made and reported policy" means an insurance policy written on a claims-made and reported basis, which provides coverage for claims first made against the insured and first reported to the insurer during the insured's policy period for acts, errors, or omissions that occur after the insured's retroactive date.

(c) "Extended reporting period" means a designated period of time after expiration or cancellation of a claims-made and reported policy during which a claim may be made and reported as if the claim had been made and reported during the policy period.

(d) "Per-claim limit" means the maximum limit payable, per licensee, for damages arising from the same or a related claim.

(e) "Prior acts coverage" means coverage under a policy for claims made against the insured and reported to the insurer that arise from acts, errors, or omissions in services rendered by an insured prior to inception of the current policy period.

(f) "Proof of coverage" means a copy of the actual policy of insurance, a certificate of insurance, or a binder of insurance.

(g) "Retroactive date" means a provision, found in many claims-made and reported policies, that the policy may not cover claims for injuries or damages that occurred before the retroactive date even if the claim is first made during the policy period.
Mont. Code Ann. § 37-69-308 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-308
37-69-308 Deposit of fees and fines
Status: in_force

37-69-308 . Deposit of fees and fines. (1) Money paid for license fees under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).

(2) Fines collected under this chapter must be deposited in the state general fund.
Mont. Code Ann. § 37-2-105 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-105
37-2-105 Duty of county attorneys
Status: in_force

37-2-105 . Duty of county attorneys. It shall be the duty of the county attorneys in the counties of the state, under the direction of the attorney general, to institute appropriate proceedings to prevent and restrain such violations. Such proceedings may be by way of complaint setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. Upon the filing of a complaint under this section and the service thereof upon the defendants named therein, the court shall proceed as soon as possible to the hearing and determination of the action.
Mont. Code Ann. § 37-77-101 — MT Code / Title 37 / Chapter 77 / Part 1 / Section 37-77-101
37-77-101 Definitions
Status: in_force

37-77-101 . (Temporary -- effective January 1, 2026) Definitions. As used in this chapter, the following definitions apply:

(1) "Antepartum" means the period of pregnancy prior to the end of pregnancy.

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

(3) (a) "Doula" means a trained, nonmedical professional who provides continuous physical, emotional, and informational support to a pregnant woman during the antepartum, intrapartum, or postpartum period.

(b) The term does not include a traditional healing provider or a person providing services to a friend or family member.

(4) "Intrapartum" means the period of pregnancy after the onset of labor through delivery.

(5) "Postpartum" means the 12-month period beginning on the last day of the pregnancy.

(6) "Traditional healing provider" means an individual who provides traditional healing services in a manner that is recognized by an American Indian or Alaska Native tribe as being consistent with the tribe's traditional healing practices.

(7) "Traditional healing services" means a system of culturally appropriate healing methods for physical, mental, and emotional healing. (Terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 37-10-201 — MT Code / Title 37 / Chapter 10 / Part 2 / Section 37-10-201
37-10-201 Organization -- meetings
Status: in_force

37-10-201 . Organization -- meetings. The board shall annually choose from its members a president and secretary, both of whom may administer oaths and take affidavits. The board shall meet at least once each year, at Helena or some other place within the state designated by the president and, in addition, whenever the president and secretary call a meeting at a location within the state. The department shall keep a record of the proceedings of the board, which must be open to public inspection.
Mont. Code Ann. § 37-11-102 — MT Code / Title 37 / Chapter 11 / Part 1 / Section 37-11-102
37-11-102 Exemptions
Status: in_force

37-11-102 . Exemptions. This chapter may not be construed to limit or regulate any other business or profession or any services rendered or performed in connection with another business or profession, including osteopathy, chiropractic, chiropractic physiotherapy, or massage therapists, to the extent they do massage.
Mont. Code Ann. § 37-43-303 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-303
37-43-303 Application -- fee
Status: in_force

37-43-303 . Application -- fee. (1) Except as provided in 37-43-302 (2), a person desiring to engage in the drilling, making, construction, alteration, or rehabilitation of one or more water or monitoring wells for underground water in this state shall first file an application with the department for a license. The application must set forth the applicant's qualifications, the equipment proposed to be used in the contracting, and other matters required by the board on forms adopted by the board.

(2) The department shall charge a fee prescribed by the board for filing an application. The application shall not be acted on until the fee has been paid. Fees collected under this section shall be deposited in the state special revenue fund for the use of the board.

(3) An appropriate license shall be issued to an applicant if, in the opinion of the board, the applicant is qualified to conduct water well or monitoring well construction operations. In the granting of licenses, the board shall have due regard for the interest of this state in the protection of its underground waters.
Mont. Code Ann. § 37-61-419 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-419
37-61-419 Attorney not to become surety on bond
Status: in_force

37-61-419 . Attorney not to become surety on bond. (1) Without the consent of the district court judge who had first approved the security, no attorney and counselor at law shall become security in any bond or recognizance of any sheriff, constable, or coroner or upon any bond, undertaking, or recognizance authorized by any statute, to be taken for the payment of any sum of money into court in default of the principal.

(2) No attorney at law may act as surety for bail or furnish bail.
Mont. Code Ann. § 37-33-404 — MT Code / Title 37 / Chapter 33 / Part 4 / Section 37-33-404
37-33-404 Exemptions -- rules
Status: in_force

37-33-404 . Exemptions -- rules. (1) The provisions of this chapter do not limit or regulate the scope of practice of any other profession licensed under the laws of this state, including but not limited to medicine, dentistry, osteopathy, podiatry, nursing, physical therapy, chiropractic, acupuncture, veterinary medicine, occupational therapy, naturopathic medicine, cosmetology, manicuring, barbering, barbering nonchemical, esthetics, electrology, professional counseling, social work, psychology, or athletic training.

(2) A continuing education course instructor is not required to be licensed as a massage therapist.

(3) A massage therapy student, when enrolled in a board-approved program and while practicing the skills of massage therapy designated as a school-sanctioned activity and under the supervision of a licensed massage therapist, is not required to be licensed.

(4) The provisions of this chapter do not limit or regulate the practice of Native American traditional healing or faith healing.

(5) (a) The provisions of this chapter do not limit or regulate the practice of any person who uses:

(i) touch, words, and directed movement to deepen awareness of existing patterns of movement in the body, as well as to suggest new possibilities of movement. Exempt practices under this subsection (5)(a)(i) include but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, and body-mind centering.

(ii) touch to affect the human energy systems, energy meridians, or energy fields. Exempted practices under this subsection (5)(a)(ii) include but are not limited to polarity bodywork therapy, Asian bodywork therapy, acupressure, jin shin do, qigong, reiki, shiatsu, and tui na.

(iii) touch to effect change on the integration of the structure of the physical body. Exempt practices under this subsection (5)(a)(iii) include but are not limited to the Rolf method of structural integration, Rolfing, and Hellerwork.

(iv) touch to affect the reflex areas located in the hands, feet, and outer ears. Exempt practices under this subsection (5)(a)(iv) include but are not limited to reflexology.

(b) The exemptions in subsection (5)(a) apply only if:

(i) the person is recognized by or meets the established requirements of either a professional organization or credentialing agency that represents or certifies the respective practice based on a minimum level of training, demonstration of competence, and adherence to ethical standards; and

(ii) the person's services are not designated as or implied to be massage therapy.
Mont. Code Ann. § 37-2-404 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-404
37-2-404 Medical practice group quality assurance -- confidentiality -- exception -- liability of members
Status: in_force

37-2-404 . Medical practice group quality assurance -- confidentiality -- exception -- liability of members. (1) Except as provided in subsection (6), the proceedings of a quality assurance committee of a medical practice group, the data it produces, and the material it considers:

(a) must be confidential;

(b) may not be considered to be a public record; and

(c) may not be subject to discovery or introduction into evidence in any civil action against a health care facility or an individual employed by or under contract with a health care facility or a medical practice group that results from matters that are the subject of evaluation and review by the quality assurance committee.

(2) A person who was in attendance at a meeting of the quality assurance committee may not be required to testify in any civil action about:

(a) the information and materials produced or presented during the proceedings of the quality assurance committee; or

(b) the findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or its members.

(3) Information otherwise available is not immune from discovery or use in a civil action merely because the information was presented during proceedings of the quality assurance committee. Nothing in this section may prevent a medical practitioner from using otherwise available information in connection with an administrative hearing or civil suit relating to the medical staff membership, clinical privileges, or employment of the medical practitioner.

(4) A member of the quality assurance committee or a person who provides information orally or in writing to a quality assurance committee may be subpoenaed and required to testify in a civil action regarding events about which the person has knowledge independent of the quality assurance program. The member or person may not be asked:

(a) for impeachment or other purposes, about the information the person provided to the quality assurance committee; or

(b) about any opinions formed as a result of the quality assurance committee proceeding.

(5) All data relating to quality assurance committee activities compiled under this part must be maintained in a confidential location separate from patient medical records.

(6) The governing body of a medical practice group may waive privileges under this section and release information or present data of the quality assurance program by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Without waiving privileges under this section, the governing body of a medical practice group may voluntarily release information or present data to a health care facility quality assurance committee established under 50-16-202 . The information or records must be subject to the privileges and immunities provided for in 50-16-202 .

(7) A duly appointed member of a quality assurance committee who acts without malice or fraud may not be subject to liability for damages in any civil action because of any act, statement, or proceeding undertaken, made, or performed within the scope of the functions of the quality assurance committee.
Mont. Code Ann. § 37-45-302 — MT Code / Title 37 / Chapter 45 / Part 3 / Section 37-45-302
37-45-302 Violation -- infraction -- penalty -- disposition
Status: in_force

37-45-302 . (Effective January 1, 2026) Violation -- infraction -- penalty -- disposition. (1) In addition to the penalties provided in 37-1-406 , a determination by the department of unprofessional conduct under 37-45-301 subjects the person who commits the violation to:

(a) a penalty of up to $5,000, as determined by the department; and

(b) a suspension or debarment of rights to public works contracts.

(2) A penalty collected under this section must be deposited in the uninsured employers' fund established in 39-71-503 .
Mont. Code Ann. § 37-65-204 — MT Code / Title 37 / Chapter 65 / Part 2 / Section 37-65-204
37-65-204 Rulemaking
Status: in_force

37-65-204 . Rulemaking. The board may adopt, amend, or repeal rules necessary for the implementation and enforcement of Title 37, chapter 66, and this chapter in accordance with the provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 37-10-301 — MT Code / Title 37 / Chapter 10 / Part 3 / Section 37-10-301
37-10-301 License required for practice -- unlawful acts
Status: in_force

37-10-301 . License required for practice -- unlawful acts. A person may not:

(1) practice optometry in this state unless that person has first obtained a license;

(2) sell, barter, or offer to sell or barter a license issued by the department;

(3) purchase or procure by barter a license with intent to use the license as evidence of the holder's qualification to practice optometry;

(4) materially alter with fraudulent intent a license;

(5) use or attempt to use a license that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license;

(6) practice optometry under a false or assumed name;

(7) willfully make a materially false statement in an application for a license;

(8) advertise by displaying a sign or by otherwise claiming to be an optometrist without having at the time a valid license;

(9) replace or duplicate ophthalmic lenses with or without a prescription or to dispense ophthalmic lenses from prescriptions without having at the time a valid license as an optometrist. However, this subsection (9) does not prevent an optical mechanic from:

(a) doing the merely mechanical work on an ophthalmic lens that is ordered on a prescription signed by a registered optometrist and is dispensed only by the optometrist or a person employed by the optometrist and who does so in the office of and under the direct personal supervision of an optometrist; or

(b) replacing or duplicating an existing lens for glasses;

(10) take or make measurements for the purpose of fitting or adapting ophthalmic lenses to the human eye without having at the time a valid license. A person who takes or makes measurements or uses mechanical devices for this purpose or who, in the sale of spectacles, eyeglasses, or lenses, uses in the testing of the eyes lenses other than the lenses actually sold is practicing optometry. However, this section does not apply to the prescriptions of qualified optometrists when sent to a recognized optical laboratory.

(11) measure, fit, or adapt a lens to direct, contiguous contact to the human eyeball without having at the time a valid license as an optometrist.
Mont. Code Ann. § 37-39-102 — MT Code / Title 37 / Chapter 39 / Part 1 / Section 37-39-102
37-39-102 Definitions
Status: in_force

37-39-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Addiction" means the condition or state in which an individual is physiologically or psychologically dependent on alcohol or other drugs. The term includes chemical dependency as defined in 53-24-103 .

(2) "Addiction counseling" means using the knowledge and skill necessary to provide the therapeutic process of addiction treatment.

(3) "Approved examination" means a standardized test or examination of behavioral health knowledge, skills, and abilities that is approved by the board.

(4) "Approved program" means a behavioral health educational program accredited or sponsored by an entity that is recognized at the national, regional, or state level and approved by the board.

(5) "Approved supervisor" means a supervisor determined by the board to meet standards established by the board for supervision of clinical services.

(6) "Baccalaureate social work" means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. Baccalaureate social work is generalist practice that includes assessment, planning, intervention, evaluation, case management, information and referral, supervision, consultation, education, advocacy, community organization, research, and the development, implementation, and administration of policies, programs, and activities.

(7) "Behavioral health" means, for the purposes of regulation and licensure or certification under this chapter, the practices of social work, professional counseling, marriage and family therapy, addiction counseling, and peer support regulated under this chapter.

(8) "Behavioral health disorder" is a diagnosis of:

(a) a mental disorder as defined in 53-21-102 ; or

(b) chemical dependency as defined in 53-24-103 .

(9) "Behavioral health peer support" means the use of personal experience with a behavioral health disorder to provide support, mentoring, guidance, and advocacy to individuals with behavioral health disorders while under the supervision of a mental health professional in an amount, duration, and scope appropriate to the setting and the demonstrated competency and experience of the peer support specialist.

(10) "Board" means the board of behavioral health provided for in 2-15-1744 .

(11) "Clinical professional counseling" means engaging in methods and techniques that include:

(a) counseling, which means the therapeutic process of:

(i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives; or

(ii) planning, implementing, and evaluating treatment plans that use treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health;

(b) assessment, which means selecting, administering, scoring, and interpreting instruments, including psychological tests, evaluations, and assessments, designed to assess an individual's aptitudes, attitudes, abilities, achievement, interests, and personal characteristics and using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations;

(c) counseling treatment intervention, which means those cognitive, affective, behavioral, and systemic counseling strategies, techniques, and methods common to the behavioral sciences that are specifically implemented in the context of a therapeutic relationship, including techniques to treat the perception of chronic pain. Other treatment interventions include developmental counseling, guidance, and consulting to facilitate normal growth and development, including educational and career development.

(d) referral, which means evaluating information to identify needs or problems of an individual and to determine the advisability of referral to other specialists, informing the individual of the judgment, and communicating as requested or considered appropriate with the referral sources.

(12) (a) "Clinical social work" means the application of professional social work knowledge, skills, and values in the differential diagnosis and treatment of psychosocial function, disability, or impairment, including emotional, mental, and behavioral disorders and the perception of chronic pain. Treatment includes a plan based on a differential diagnosis. Treatment may include but is not limited to the provision of psychotherapy and counseling to individuals, couples, families, and groups across the life span. A clinical social work licensee may also provide the services of baccalaureate and master's social work.

(b) The term includes the performance of psychological testing, evaluation, and assessment if the licensee is qualified to administer testing and make evaluations and assessments pursuant to 37-17-104 .

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

(14) "Family peer support" means the use of personal experience as the parent, guardian, or caregiver of a child under 21 years of age with significant physical, developmental, or behavioral needs to provide support, mentoring guidance, and advocacy to parents, guardians, and caregivers of children with significant physical, developmental, or behavioral health needs while under the supervision of a mental health professional in an amount, duration, and scope appropriate to the setting and the demonstrated competency and experience of the peer support specialist.

(15) "Licensee" means an individual licensed or certified under this chapter to practice social work, clinical professional counseling, addiction counseling, or marriage and family therapy or certified to provide behavioral health peer support or family peer support.

(16) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders within the context of interpersonal relationships, including marriage and family systems. Marriage and family therapy involves:

(a) the professional application of psychotherapeutic and family system theories and techniques, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples, and families;

(b) the provision of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, either directly or through public or private organizations; and

(c) the performance of psychological testing, evaluation, and assessment if the licensee is qualified to administer testing and make evaluations pursuant to 37-17-104 .

(17) "Master's social work" means the application of social work theory, knowledge, methods, and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. Master's social work includes the application of specialized knowledge and advanced skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, supervision, consultation, education, research, advocacy, community organization, and the development, implementation, and administration of policies, programs, and activities.

(18) "Mental health professional" means:

(a) a physician licensed under Title 37, chapter 3;

(b) an advanced practice registered nurse, as provided for in 37-8-202 , with a clinical specialty in psychiatric mental health nursing;

(c) a psychologist licensed under Title 37, chapter 17;

(d) a social worker licensed under 37-39-308 ;

(e) a professional counselor licensed under 37-39-309 ;

(f) an addiction counselor licensed under 37-39-310 ; or

(g) a marriage and family therapist licensed under 37-39-311 .

(19) "Psychotherapy" means the use of psychosocial methods within a professional relationship to assist a person to achieve a better psychosocial adaptation and to modify internal and external conditions that affect individuals, groups, or families in respect to behavior, emotions, and thinking concerning their interpersonal processes.

(20) "Social work" means the professional practice directed toward helping people achieve more adequate, satisfying, and productive social adjustments. The practice of social work involves special knowledge of social resources, human capabilities, and the roles that individual motivation and social influences play in determining behavior and involves diagnoses and the application of social work techniques.

(21) "Supervised work experience" means work in a behavioral health field after receipt of the required degree and license or certification but under:

(a) the supervision of an approved supervisor; and

(b) terms and conditions prescribed by the board by rule.
Mont. Code Ann. § 37-2-107 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-107
37-2-107 Civil penalty for unreadable prescription
Status: in_force

37-2-107 . Civil penalty for unreadable prescription. (1) A medical practitioner may not issue a written prescription, to be delivered to a patient or pharmacy, in such a manner that the name of the drug, the dosage, the instructions for use, the printed name or other identifying letters or numbers unique to the medical practitioner, and, if required, the federal drug enforcement agency identifying number cannot be read by a registered pharmacist licensed to practice in this state.

(2) Any person may file a complaint alleging a violation of subsection (1) with the board that licensed the medical practitioner who issued the prescription. The board may investigate the complaint and take any action and impose any sanction allowed by the statutes relating to the board and rules adopted by the board. Each board licensing a medical practitioner shall adopt rules to implement this section.

(3) The board may refer the complaint to the county attorney of the county in which the prescription was issued, whether or not the board itself has taken any action or imposed any sanction. A county attorney may not file an action alleging a violation of subsection (1) unless a complaint has been referred to the county attorney by the medical practitioner's licensing board.

(4) A medical practitioner who violates subsection (1) is guilty of a civil offense and may be punished by a civil penalty of not more than $500 for each prescription.
Mont. Code Ann. § 37-7-508 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-508
37-7-508 Product selection not practice of medicine
Status: in_force

37-7-508 . Product selection not practice of medicine. The selection of a drug product by a registered pharmacist under the provisions of this part does not constitute the practice of medicine.
Mont. Code Ann. § 37-2-410 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-410
37-2-410 Restrictions on use or publication of information
Status: in_force

37-2-410 . Restrictions on use or publication of information. (1) A quality assurance committee may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment and for research and statistical purposes.

(2) In any report or publication of findings and conclusions of a quality assurance committee, the committee or the members, agents, or employees of the committee may not disclose the name or identity of any patient whose medical records or other protected health information have been studied.

(3) A quality assurance committee and its members, agents, or employees shall protect the identity of any patient whose condition or treatment has been studied and may not disclose or reveal the name of any patient of a medical practice group.
Mont. Code Ann. § 37-50-301 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-301
37-50-301 Illegal use of title
Status: in_force

37-50-301 . Illegal use of title. (1) It is not a violation of this chapter for a firm that is not registered under 37-50-335 and that does not have an office in this state to provide its professional services and to practice public accounting in this state and use the title "CPA" or "CPA firm" so long as it complies with the exemption requirements of 37-50-335 (4).

(2) A person may not assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a certified public accountant unless the person holds a current license as a certified public accountant under this chapter or qualifies for the practice privilege under 37-50-325 .

(3) A firm may not assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the firm is composed of certified public accountants pursuant to the requirements of 37-50-330 unless it is registered as required under 37-50-335 or meets the conditions to be exempt from registration as set forth in 37-50-335 (4).

(4) A person or firm may not assume or use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", or any other title or designation likely to be confused with "certified public accountant", "licensed certified public accountant", or any abbreviations likely to be confused with "CPA". However, a foreign accountant may use the title under which the foreign accountant is generally known in the foreign country, followed by the name of the country from which the foreign accountant's certificate, license, or degree was received, and a person who is licensed as an enrolled agent by the internal revenue service may use the title "enrolled agent" or the abbreviation "EA".

(5) A person may not sign or affix a firm name with any wording indicating that it is a firm composed of persons offering attest services and compilations unless the firm conforms to the requirements of 37-50-330 and 37-50-335 .

(6) A person may not assume or use the title or designation "certified public accountant" in conjunction with names indicating or implying that there is a firm or in conjunction with the designation "and company" or "and co." or a similar designation if there is in fact no bona fide firm that has been formed subject to the provisions of 37-50-330 and 37-50-335 . However, it is lawful for a sole proprietor to continue the use of a deceased's name in connection with the sole proprietor's business for a reasonable period of time after the death of a former partner or co-owner.
Mont. Code Ann. § 37-1-323 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-323
37-1-323 Nonroutine application review by screening panel
Status: in_force

37-1-323 . Nonroutine application review by screening panel. (1) A screening panel shall review all nonroutine applications on behalf of a board in accordance with the provisions of 37-1-307 .

(2) A screening panel may grant, deny, or restrict a license and set conditions on a restricted license. The screening panel shall provide notice to the licensee or license applicant as provided in 37-1-309 . If the license is not granted, the notice must set forth proposed restrictions on the license or that the license is denied.

(3) A licensee or license applicant may request a hearing in accordance with 37-1-309 . Failure to request a hearing constitutes a default on the notice, and the screening panel's proposed restrictions or denial becomes the final order.
Mont. Code Ann. § 37-73-212 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-212
37-73-212 Elevator contractor's license -- limited elevator contractor's license
Status: in_force

37-73-212 . Elevator contractor's license -- limited elevator contractor's license. (1) A person intending to engage in business as an elevator contractor shall apply for a license as an elevator contractor on forms provided by the department.

(2) An applicant shall provide the department with the following:

(a) if the applicant is an individual or sole proprietor, the name, residential address, and business address of the applicant;

(b) if the applicant is a domestic business entity, the name and business address of the business entity and the name and residential address of the business entity's principal officer;

(c) if the applicant is a foreign business entity, the name and address of a state resident authorized to accept service of process or other notices on the business entity's behalf;

(d) evidence of insurance coverage required in 50-60-716 ; and

(e) other information that the department may require.

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

(4) The department may issue a limited elevator contractor's license to an applicant that limits a licensee to the business of installing, altering, and repairing elevators, platform lifts, stairway chairlifts, and dumbwaiters in private residences. The department shall issue a limited elevator contractor's license to an applicant that meets the requirements of this section.
Mont. Code Ann. § 37-19-708 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-708
37-19-708 Preneed cremation authorizations
Status: in_force

37-19-708 . Preneed cremation authorizations. (1) Preneed cremation authorizations may be made with a cemetery, funeral establishment, crematory, or any other party. Preneed authorizations must specify the ultimate disposition of the cremated remains, be signed by the authorizing agent, and meet other requirements established by board rule.

(2) A crematory operator or crematory technician shall comply with the terms of the preneed authorization in releasing or disposing of the cremated remains at the time of death.

(3) Upon payment for cremation and disposition, a crematory, crematory operator, or crematory technician in possession of a cremation authorization form and the deceased's human remains is not liable for the actual cremation and the disposition of the cremated remains if the terms of the preneed authorization have been complied with.
Mont. Code Ann. § 37-40-102 — MT Code / Title 37 / Chapter 40 / Part 1 / Section 37-40-102
37-40-102 Exemptions
Status: in_force

37-40-102 . Exemptions. Persons exempt from the requirements of this chapter are:

(1) any person teaching, lecturing, or engaging in research in environmental sanitation, but only insofar as the activities are performed as part of an academic position in a college or university;

(2) any person who is a registered professional engineer or engineer intern;

(3) any public health officer employed pursuant to 50-2-116 ;

(4) any person employed by a federal governmental agency, but only at times that the person is carrying out the functions of the employment;

(5) a state employee unless expressly required by statute, regulation, or position description to be registered as a sanitarian; or

(6) any person not employed by a governmental entity or not under contract with a governmental entity for the performance of an official regulatory function.
Mont. Code Ann. § 37-31-304 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-304
37-31-304 Qualifications of applicants for license to practice
Status: in_force

37-31-304 . Qualifications of applicants for license to practice. (1) (a) To be eligible to take the licensing examination under this chapter, the applicant must be at least 18 years of age, must be of good moral character, and must possess a high school diploma or its equivalent that is recognized by the superintendent of public instruction. An applicant may apply to the board for an exception to the requirement of a high school diploma or its equivalent. The board shall adopt by rule procedures for granting an exception.

(b) A person qualified under this section shall file an application with the department, deposit the application fee with the department, and pass an examination as to fitness to practice.

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

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

(ii) the person's license from the other state is current, and the person is not subject to pending or final disciplinary action for unprofessional conduct or impairment.

(2) An applicant to practice barbering must have completed a course of study of at least 1,100 hours and received a diploma from a school authorized to offer a course of study in barbering as prescribed by the board by rule.

(3) An applicant to practice barbering nonchemical must have completed a course of study of at least 900 hours and received a diploma from a school authorized to offer a course of study in barbering or barbering nonchemical as prescribed by the board by rule.

(4) An applicant to practice cosmetology must have completed a course of study of at least 1,500 hours and received a diploma from a school authorized to offer a course of study in cosmetology as prescribed by the board by rule.

(5) An applicant to practice electrology must have completed a course of study of at least 600 hours and received a diploma from a school authorized to offer a course of study in electrology as prescribed by the board by rule.

(6) An applicant to practice manicuring must have completed a course of study of at least 400 hours and received a diploma from a school authorized to offer a course of study in manicuring as prescribed by the board by rule.

(7) An applicant to practice esthetics must:

(a) have completed a course of study of at least 650 hours of training and received a diploma from a school authorized to offer a course of study in esthetics as prescribed by the board by rule; or

(b) be a licensed cosmetologist and file an application, deposit the application fee with the department, and pass the esthetics examination as to fitness to practice.
Mont. Code Ann. § 37-7-612 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-612
37-7-612 Bond requirements for wholesale distributors
Status: in_force

37-7-612 . Bond requirements for wholesale distributors. An applicant for licensure as a wholesale distributor and all wholesale distributors renewing licenses shall comply with the surety bond requirements as provided in rule.
Mont. Code Ann. § 37-26-304 — MT Code / Title 37 / Chapter 26 / Part 3 / Section 37-26-304
37-26-304 Naturopathic childbirth attendance -- certification for specialty practice -- requirements
Status: in_force

37-26-304 . Naturopathic childbirth attendance -- certification for specialty practice -- requirements. (1) A naturopathic physician may not practice naturopathic childbirth attendance without first obtaining from the board a certificate of specialty practice. The board shall adopt rules setting forth the requirements to be met in order to certify naturopathic physicians for the specialty practice of naturopathic childbirth attendance.

(2) In order to be certified for the specialty practice of naturopathic childbirth attendance, a naturopathic physician shall:

(a) pass either a national standardized supplemental examination in naturopathic childbirth attendance provided by the national naturopathic profession licensing organization or another specialty examination approved by the board;

(b) complete a minimum of 100 hours in any one or in any combination of the following upon approval by the board:

(i) course work in naturopathic childbirth attendance;

(ii) an internship in naturopathic childbirth attendance; or

(iii) a preceptorship in naturopathic childbirth attendance; and

(c) have assisted in a minimum of 50 supervised births, including prenatal and postnatal care, under the direct supervision of a licensed naturopathic, medical, or osteopathic physician with specialty training in obstetrics or natural childbirth attendance. The 50 supervised births required under this subsection (c) must include 25 births that document the naturopathic physician as the primary birth attendant.
Mont. Code Ann. § 37-20-406 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-406
37-20-406 Liaison to board
Status: in_force

37-20-406 . Liaison to board. The Montana academy of physician assistants may appoint one person to serve as a nonvoting liaison to the board to represent the interests of physician assistants.
Mont. Code Ann. § 37-1-132 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-132
37-1-132 Nominees for appointment to licensing and regulatory boards
Status: in_force

37-1-132 . Nominees for appointment to licensing and regulatory boards. Private associations and members of the public may submit to the governor lists of nominees for appointment to professional and occupational licensing and regulatory boards. The governor may consider nominees from the lists when making appointments to such boards.
Mont. Code Ann. § 37-50-402 — MT Code / Title 37 / Chapter 50 / Part 4 / Section 37-50-402
37-50-402 Privileged communications -- exceptions
Status: in_force

37-50-402 . Privileged communications -- exceptions. (1) Except by permission of the client, person, or firm engaging a certified public accountant or an employee of the accountant or by permission of the heirs, successors, or personal representatives of the client, person, or firm and except for the expression of opinions on financial statements, a certified public accountant or employee may not be required to disclose or divulge or voluntarily disclose or divulge information that the certified public accountant or an employee may have relative to and in connection with any professional services as a certified public accountant. The information derived from or as a result of professional services is considered confidential and privileged.

(2) The provisions of this section do not apply to the testimony or documents of a certified public accountant furnished pursuant to a subpoena in a court of competent jurisdiction, pursuant to a board proceeding, or in the process of any board-approved practice review program.
Mont. Code Ann. § 37-4-402 — MT Code / Title 37 / Chapter 4 / Part 4 / Section 37-4-402
37-4-402 License -- examination
Status: in_force

37-4-402 . License -- examination. (1) The department may issue licenses for the practice of dental hygiene to qualified applicants to be known as dental hygienists.

(2) Except as provided by rules adopted under 37-1-319 , a person may not engage in the practice of dental hygiene or practice as a dental hygienist in this state until the person has passed an examination approved by the board under rules adopted by the board and has been issued a license by the department.

(3) An applicant for licensure shall submit an application that must include, when required:

(a) certification of successful completion of the national board written examination;

(b) certification of successful completion of a regional board practical examination;

(c) two affidavits of good moral character;

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

(e) an application fee.