Mont. Code Ann. § 37-50-330 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-330
37-50-330 Compliance with ownership requirements -- firm registration
Status: in_force

37-50-330 . Compliance with ownership requirements -- firm registration. (1) A firm composed of certified public accountants that is engaged in the practice of public accounting may include persons who are not licensed as certified public accountants if:

(a) the firm designates an accountant who is licensed in this state or, in the case of a firm that practices under the practice privilege pursuant to 37-50-335 , a licensee of another state who meets the requirements set out in 37-50-325 (1) or (2) to be responsible for the proper registration of the firm;

(b) a simple majority of ownership in the firm, in terms of equity and voting rights, is held by accountants who are licensed in this state or in another substantially equivalent jurisdiction or meet the requirements of 37-50-325 ; and

(c) all persons with an ownership interest in the firm are of good moral character and individuals actively participating in the business of the firm or its affiliated entities.

(2) An accountant licensed in this state or a person qualifying for practice privileges under 37-50-325 who holds an ownership interest in a firm, who is responsible for supervising attest or compilation services, and who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm is responsible for all attest or compilation services.

(3) A person licensed in this state and a person qualifying for practice privileges under 37-50-325 who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm must meet the competency requirements of 37-50-203 (2)(a).

(4) (a) A firm that is no longer in compliance with the ownership requirements of subsection (1)(b) shall give notice to the board within 90 days of the noncompliance.

(b) The board shall grant the firm a reasonable amount of time to reestablish compliance with the ownership requirements of subsection (1)(b). The time granted by the board to a firm to reestablish compliance may not be less than 90 days from the date the board receives the firm's notice of noncompliance.

(c) The failure of a firm to reestablish compliance with the ownership requirements of subsection (1)(b) is grounds for the board to suspend or revoke the firm's registration required by 37-50-335 .
Mont. Code Ann. § 37-9-306 — MT Code / Title 37 / Chapter 9 / Part 3 / Section 37-9-306
37-9-306 Deposit of fees
Status: in_force

37-9-306 . Deposit of fees. Fees collected by the department under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6). This fund may be used to pay the compensation and expenses of members of the board and other expenses necessary to administer this chapter.
Mont. Code Ann. § 37-14-102 — MT Code / Title 37 / Chapter 14 / Part 1 / Section 37-14-102
37-14-102 Definitions
Status: in_force

37-14-102 . Definitions. In this chapter, unless the context clearly requires otherwise, the following definitions apply:

(1) "Board" means the board of allied health care professionals provided for in 2-15-1752 .

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

(3) "General supervision" means face-to-face communication, direction, observation, and evaluation by the radiologist at least monthly, with interim supervision occurring by other methods, such as telephonic, electronic, or written communication.

(4) "License" means an authorization issued by the department to perform x-ray procedures on persons.

(5) "Licensed practitioner" means a person licensed or otherwise authorized by law to practice medicine, dentistry, denturitry, dental hygiene, podiatry, osteopathy, or chiropractic.

(6) "Limited permit" means an authorization that may be granted by the board to perform an x-ray procedure on a person when the applicant's qualifications do not meet standards required for the issuance of a license.

(7) "Limited permit holder" means a person who does not qualify for the issuance of a license under the provisions of this chapter but who has demonstrated, to the satisfaction of the board, the capability of performing specified high-quality x-ray procedures without endangering public health and safety.

(8) "Performance of x-ray procedures" means the involvement or completion of any portion of an x-ray procedure that may have an effect on the patient's accumulated x-ray radiation exposure, including positioning of the patient, technique selection, selection of ancillary equipment, initiation of exposure, and darkroom procedures.

(9) "Radiologic technologist" means a person, other than a licensed practitioner, who has qualified under the provisions of this chapter for the issuance of a license to perform diagnostic x-ray procedures on persons and who performs the following functions in connection with the diagnostic procedure:

(a) operates x-ray equipment to reveal the internal condition of patients for the diagnosis of fractures, diseases, and other injuries;

(b) prepares and positions patients for x-ray procedures;

(c) selects the proper radiographic technique for visualization of specific internal structures of the human body;

(d) selects the proper ancillary equipment to be used in the x-ray procedure to enhance the visualization of the desired structure;

(e) prepares film processing solutions and develops or processes the exposed x-ray film; and

(f) inspects, maintains, and performs minor repairs to x-ray equipment.

(10) "Radiologist" means a person who is licensed to practice medicine under Title 37, chapter 3, who is board eligible or board certified by the American board of radiology, and who resides and practices in Montana.

(11) "Radiologist assistant" means an advanced-level licensed radiologic technologist who works under the supervision of a radiologist to enhance patient care by assisting the radiologist in the diagnostic imaging environment.
Mont. Code Ann. § 37-27-103 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-103
37-27-103 Definitions
Status: in_force

37-27-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Apprentice" means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter.

(2) "Board" means the alternative health care board established in 2-15-1730 .

(3) "Continuous care" means care provided for one person from the initial history-taking interview through monthly prenatal, intrapartum, and postpartum periods.

(4) "Direct-entry midwife" means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period.

(5) "Licensee" means a person authorized by this chapter to practice direct-entry midwifery.

(6) "Postpartum period" means the period up to 6 weeks following birth.

(7) "Practice of direct-entry midwifery" means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period.
Mont. Code Ann. § 37-7-507 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-507
37-7-507 Savings passed on
Status: in_force

37-7-507 . Savings passed on. (1) A pharmacist selecting a less expensive drug product must pass on to the purchaser the full amount of the savings realized by the product selection. In no event may the pharmacist charge a different professional fee for dispensing a different drug product than the drug product originally prescribed.

(2) If the prescriber prescribes a drug product by its generic name, the pharmacist must, consistent with reasonable judgment, dispense the lowest retail priced, therapeutically equivalent brand which is in stock.
Mont. Code Ann. § 37-56-105 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-105
37-56-105 Qualification of property manager applicants -- examination -- issuance of license
Status: in_force

37-56-105 . Qualification of property manager applicants -- examination -- issuance of license. (1) An applicant for a property manager license must:

(a) be at least 18 years of age;

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

(c) apply for licensure to the department;

(d) have successfully completed a course of education approved by the department; and

(e) have passed an examination prescribed by the department.

(2) The course of education must include the subjects of real estate leasing principles, real estate leasing law, and related topics.
Mont. Code Ann. § 37-39-303 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-303
37-39-303 Exemptions from licensure
Status: in_force

37-39-303 . Exemptions from licensure. The license and certification requirements of this chapter do not prohibit:

(1) a member of another profession from performing duties and services consistent with the individual's licensure or certification or, in the case of a qualified member of another profession who is not licensed or certified, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is licensed by the board;

(2) a member of the clergy, priesthood, or other ordained religious official from performing that person's duties as a clergy member, priest, or religious official, as long as the person does not represent by title that the person is licensed by the board;

(3) an activity or service or use of an official title by a person employed by or acting as a volunteer for a federal, state, county, or municipal agency or an educational, research, or charitable institution that is a part of the duties of the office or position;

(4) an activity or service of an employee of a business establishment performed solely for the benefit of the establishment's employees; or

(5) an activity or service of a student, intern, or resident in behavioral health counseling pursuing a course of study at an accredited university or college or working in a generally recognized training program if the activity or service constitutes a part of a supervised course of study.
Mont. Code Ann. § 37-55-102 — MT Code / Title 37 / Chapter 55 / Part 1 / Section 37-55-102
37-55-102 Department rulemaking -- fees
Status: in_force

37-55-102 . (Effective January 1, 2026) Department rulemaking -- fees. (1) The department may adopt rules necessary to implement this part.

(2) The fees collected under this part in accordance with 37-1-134 must be deposited in a special revenue account for administration and enforcement of this part.
Mont. Code Ann. § 37-11-321 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-321
37-11-321 Refusal to issue or renew license
Status: in_force

37-11-321 . Refusal to issue or renew license. The board, after due notice and hearing, may refuse to license any applicant and may refuse to renew, may suspend, may revoke, or may take lesser disciplinary action on the license of any licensed person who:

(1) is habitually intoxicated or is addicted to the use of narcotic drugs;

(2) has been convicted of violating any state or federal narcotic law, subject to chapter 1, part 2;

(3) is, in the judgment of the board, guilty of immoral or unprofessional conduct as defined by board rule;

(4) has been convicted of any crime involving moral turpitude, subject to chapter 1, part 2;

(5) is guilty, in the judgment of the board, of gross negligence in the practice of physical therapy or practice as an assistant;

(6) has obtained or attempted to obtain licensure by fraud or material misrepresentation;

(7) has been committed pursuant to 53-21-127 by a court of competent jurisdiction and has not been released from commitment and declared not to require further commitment;

(8) has treated or undertaken to treat ailments of human beings otherwise than by physical therapy;

(9) is guilty, in the judgment of the board, of conduct unbecoming a person licensed as a physical therapist or assistant or of conduct detrimental to the best interests of the public; or

(10) has practiced physical therapy or has practiced as an assistant beyond the scope and limitation of the person's training and education.
Mont. Code Ann. § 37-54-310 — MT Code / Title 37 / Chapter 54 / Part 3 / Section 37-54-310
37-54-310 Renewal of certificate
Status: in_force

37-54-310 . Renewal of certificate. (1) A certificate issued under 37-54-305 expires on the date set by department rule.

(2) A certificate may be renewed upon payment of a renewal fee and by meeting all requirements for renewal.

(3) An applicant for renewal shall state the class of certification previously held and presently sought.
Mont. Code Ann. § 37-2-316 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-316
37-2-316 Assistance program audits
Status: in_force

37-2-316 . Assistance program audits. (1) In each 10-year period, the medical assistance programs provided for in chapters 3, 4, 7, 8, 12, and 18 must be audited for performance objectives as determined by each licensing board in chapters 3, 4, 7, 8, 12, and 18 at least twice, as provided in subsections (2) and (3).

(2) Licensing boards in chapters 3, 4, 7, 8, 12, and 18 shall jointly contract and pay for an external audit of the relevant assistance program once every 5 years. The department shall assess the costs to each licensing board in chapters 3, 4, 7, 8, 12, and 18 for the external audit over a corresponding period.

(3) The department shall arrange for an internal audit midway through the subsequent 5-year period and shall assess costs to the licensing boards in chapters 3, 4, 7, 8, 12, and 18 for the internal audit, budgeting over the corresponding period.
Mont. Code Ann. § 37-61-408 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-408
37-61-408 Attorney prohibited from buying claim or demand for purpose of bringing action
Status: in_force

37-61-408 . Attorney prohibited from buying claim or demand for purpose of bringing action. (1) An attorney may not directly or indirectly buy or be in any manner interested in buying a bond, promissory note, bill of exchange, book debt, or other thing in action with the intent and for the purpose of bringing an action on that instrument or thing.

(2) An attorney may not, individually or by or in the name of another person, either before or after an action is brought, promise or give or procure to be promised or given a valuable consideration to any person as an inducement to placing or in consideration of having placed in the person's hands or in the hands of another person a demand of any kind for the purpose of bringing an action. This subsection does not apply to an agreement between attorneys to divide between themselves the compensation to be received.
Mont. Code Ann. § 37-61-407 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-407
37-61-407 Penalty for delay
Status: in_force

37-61-407 . Penalty for delay. An attorney who willfully delays a client's cause with a view to the attorney's own gain or willfully receives money or an allowance for or on account of money that the attorney has not laid out or become answerable for forfeits to the party injured treble damages.
Mont. Code Ann. § 37-27-210 — MT Code / Title 37 / Chapter 27 / Part 2 / Section 37-27-210
37-27-210 Fees
Status: in_force

37-27-210 . Fees. (1) An applicant for a direct-entry midwife license shall, upon submitting an application to the board, pay an application fee set by the board.

(2) Before a license may be issued or renewed, an applicant shall pay a fee set by the board.

(3) Fees are nonrefundable.
Mont. Code Ann. § 37-2-403 — MT Code / Title 37 / Chapter 2 / Part 4 / Section 37-2-403
37-2-403 Quality assurance committee access to information
Status: in_force

37-2-403 . Quality assurance committee access to information. (1) It is in the interest of public health and patient medical care that quality assurance committees have access to medical records and other health care information relating to the condition and treatment of the patients of medical practice groups in order to:

(a) evaluate matters relating to the care and treatment of patients for research purposes;

(b) reduce morbidity or mortality; and

(c) obtain statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries.

(2) To carry out these purposes, a medical practice group and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient of the medical practice group to any quality assurance committee of the medical practice group.
Mont. Code Ann. § 37-2-101 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-101
37-2-101 Definitions
Status: in_force

37-2-101 . Definitions. As used in this part, the following definitions apply:

(1) "Collaborative pharmacy practice agreement" has the meaning provided in 37-7-101 .

(2) "Community pharmacy", when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice.

(3) "Controlled substance" has the meaning provided in 37-7-101 .

(4) "Device" means any instrument, apparatus, or contrivance intended:

(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

(b) to affect the structure or any function of the body of humans.

(5) "Dispense" has the meaning provided in 37-7-101 .

(6) "Drug" has the meaning provided in 37-7-101 .

(7) "Drug company" means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. The term does not include a pharmacy.

(8) "Medical practitioner" means any person licensed by the state of Montana to engage in:

(a) the practice of medicine, dentistry, osteopathy, podiatry, or optometry;

(b) the practice of pharmacy and authorized to:

(i) prescribe immunizations pursuant to 37-7-105 ; or

(ii) prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or

(c) a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs.

(9) "Naturopathic physician" means a person licensed under Title 37, chapter 26, to practice naturopathic health care.

(10) "Opioid" has the meaning of "opiate" provided in 50-32-101 .

(11) "Opioid-naive patient" means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed.

(12) "Person" means any individual and any partnership, firm, corporation, association, or other business entity.

(13) "Pharmacy" has the meaning provided in 37-7-101.

(14) "State" means the state of Montana or any political subdivision of the state.
Mont. Code Ann. § 37-29-402 — MT Code / Title 37 / Chapter 29 / Part 4 / Section 37-29-402
37-29-402 Prohibitions
Status: in_force

37-29-402 . Prohibitions. No licensed denturist may:

(1) extract or attempt to extract teeth;

(2) initially insert immediate dentures in the mouth of the intended wearer;

(3) diagnose or treat any abnormalities, except that a licensed denturist may apply tissue conditioning agents;

(4) recommend any prescription drug for any oral or medical disease; or

(5) construct or fit orthodontic appliances.
Mont. Code Ann. § 37-54-519 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-519
37-54-519 Unprofessional conduct
Status: in_force

37-54-519 . Unprofessional conduct. An appraisal management company engages in unprofessional conduct if it:

(1) requires an appraiser to modify any aspect of an appraisal report other than those items identified by a quality control examination, including items that are found to be incomplete within the defined scope of work in the original assignment;

(2) requires an appraiser to prepare an appraisal report if the appraiser, in the appraiser's own professional judgment, believes the appraiser does not have the necessary expertise for the specific geographic area and the appraiser has notified the appraisal management company of the issue;

(3) requires an appraiser to prepare an appraisal report under a timeframe that the appraiser, in the appraiser's professional judgment, believes does not allow the appraiser to meet all relevant legal and professional obligations and the appraiser has notified the appraisal management company of the issue;

(4) prohibits or inhibits legal and allowable communication between the appraiser and:

(a) the lender;

(b) a real estate licensee; or

(c) any other person from whom the appraiser, in the appraiser's professional judgment, believes information would be relevant;

(5) requires the appraiser to do anything that does not comply with:

(a) the uniform standards of professional appraisal practice; or

(b) assignment conditions and certifications required by the client;

(6) makes any portion of the appraiser's fee or the appraisal management company's fee contingent on a favorable outcome, including but not limited to:

(a) a loan closing; or

(b) a specific dollar amount being achieved by the appraiser in the appraisal report.
Mont. Code Ann. § 37-18-602 — MT Code / Title 37 / Chapter 18 / Part 6 / Section 37-18-602
37-18-602 Definitions
Status: in_force

37-18-602 . Definitions. As used in this part, the following definitions apply:

(1) "Certified agency" means a law enforcement agency, a public or private animal control agency, or a humane society organized for the prevention of cruelty to animals that has certification from the board to possess controlled substances approved for the purpose of euthanasia.

(2) "Certified euthanasia technician" means an employee of a certified agency or a person who is working under the supervision of a licensed veterinarian and who has been certified by the board to administer a controlled substance approved by the board for the purpose of euthanasia.

(3) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.

(4) "Euthanasia" means the act or practice of ending the life of an animal in order to end suffering or for some other humane purpose.

(5) "Person" means an individual, corporation, partnership, government or governmental subdivision or agency, trust, or other legal entity.
Mont. Code Ann. § 37-60-408 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-408
37-60-408 Restrictions on use of certain automatic dial-up systems
Status: in_force

37-60-408 . Restrictions on use of certain automatic dial-up systems. No person may install or use a security alarm system designed to automatically call a predetermined law enforcement telephone number without written permission from the chief law enforcement officer of the local government in which the alarm system is installed.
Mont. Code Ann. § 37-47-308 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-308
37-47-308 Kinds of licenses
Status: in_force

37-47-308 . Kinds of licenses. (1) When all the conditions of licensure have been satisfied, the board shall issue a license stating the outfitter or guide functions that the applicant is qualified and approved to perform.

(2) The license must be in the form prescribed and is valid for the licensing year in which issued.

(3) If the application is denied, the board shall notify the applicant in writing of the reasons for the denial, and if the reasons are corrected, a license must be issued upon reapplication.
Mont. Code Ann. § 37-54-411 — MT Code / Title 37 / Chapter 54 / Part 4 / Section 37-54-411
37-54-411 Classification of services
Status: in_force

37-54-411 . Classification of services. (1) A client or employer may retain or employ a licensed or certified real estate appraiser to:

(a) act as a disinterested third party in rendering an unbiased analysis, opinion, conclusion, or estimate of value; or

(b) provide specialized appraisal services to facilitate the client's or employer's objectives.

(2) In either instance described in subsection (1), the appraisal and appraisal report must comply with the provisions of this chapter.
Mont. Code Ann. § 37-1-134 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-134
37-1-134 Boards -- costs
Status: in_force

37-1-134 . Boards -- costs. (1) Each board allocated to the department shall set board fees related to its program area that provide the amount of money usually needed for the operation of the board for services, including but not limited to licensing, reciprocity, renewals, applications, inspections, investigations, compliance, discipline, and audits. The amount needed for the operation of the board is based on the license renewal years as set by the board. In setting the fees, the board shall consider the revenues and expenses incurred in the prior 5 licensing renewal years, but a board's cash balances may not exceed two times the board's annual appropriation level. Unless otherwise provided by law, the department may establish standardized administrative fees. These fees may include but are not limited to fees for administrative services such as license verification, duplicate licenses, late penalty renewals, licensee lists, and other administrative service fees determined by the department as applicable to all boards and department programs. The department shall collect fees on behalf of each board or department program and deposit the fees in the state special revenue fund in the appropriate account for each board or department program. Administrative service costs not related to a specific board or program area may be equitably distributed to board or program areas as determined by the department. Each board and department program shall maintain records sufficient to support the fees charged for each program area.

(2) The department and the boards shall adopt rules regarding all fees.
Mont. Code Ann. § 37-8-420 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-420
37-8-420 Terminated
Status: in_force

37-8-420 . Terminated. Sec. 5, Ch. 408, L. 2001.
Mont. Code Ann. § 37-54-503 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-503
37-54-503 Owner requirements
Status: in_force

37-54-503 . Owner requirements. (1) An appraisal management company applying for registration in this state may not be owned by:

(a) a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked for substantive cause, or surrendered in lieu of a pending revocation in any state; or

(b) another entity that is owned by a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked for substantive cause, or surrendered in lieu of a pending revocation in any state.

(2) Each person who owns an appraisal management company in this state:

(a) must be of good moral character, as determined by the board; and

(b) shall submit to a background examination as determined by the board.

(3) Each appraisal management company applying for registration in this state shall certify to the board that the appraisal management company has reviewed each person or entity that directly or indirectly owns the appraisal management company, in whole or in part, and that no person or entity that directly or indirectly owns the appraisal management company, in whole or in part, has had a license, a certificate, or registration to act as an appraiser or appraisal management company refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state.
Mont. Code Ann. § 37-49-202 — MT Code / Title 37 / Chapter 49 / Part 2 / Section 37-49-202
37-49-202 Licensure requirements -- examination -- fees
Status: in_force

37-49-202 . Licensure requirements -- examination -- fees. (1) The department shall license as a genetic counselor an applicant who:

(a) submits an application and pays the fee required by the department;

(b) provides satisfactory evidence of having received certification from the American board of genetic counseling as a genetic counselor; and

(c) complies with other requirements established by the department by rule.

(2) The department may issue a license to an applicant who satisfactorily demonstrates that the applicant is licensed or registered under the laws of another state, territory, or jurisdiction of the United States that in the department's opinion imposes substantially the same requirements for licensure as are required under this chapter.

(3) Licenses issued under this section are valid for the period established by the department by rule and may be renewed only on the filing of a renewal application and payment of the license renewal fee.

(4) An applicant shall submit an application fee in the amount established by the department by rule and a written application on a form provided by the department that demonstrates the applicant has completed the eligibility requirements and competency standards required under this chapter and by the department by rule.

(5) The department may not license an applicant who has:

(a) committed any act that if committed by a licensee would be grounds for license suspension or revocation; or

(b) misrepresented any material fact on the application.
Mont. Code Ann. § 37-39-312 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-312
37-39-312 Peer support specialist certification required -- qualifications
Status: in_force

37-39-312 . Peer support specialist certification required -- qualifications. (1) A person may not practice peer support unless certified under Title 37, chapter 1, and this chapter.

(2) An applicant for certification as a behavioral health peer support specialist must:

(a) have a diagnosis from a mental health professional as having a behavioral health disorder;

(b) have received treatment for the diagnosed behavioral health disorder;

(c) be in recovery, as defined by board rule, from the behavioral health disorder; and

(d) have successfully completed an approved program in behavioral peer support, including an ethics portion, as defined by board rule.

(3) An applicant for certification as a family peer support specialist must:

(a) have personal experience as the parent, guardian, or caregiver of a child under 21 years of age with significant physical, developmental, or behavioral health needs; and

(b) have successfully completed an approved program in family peer support, including an ethics portion, as defined by board rule.

(4) The board shall:

(a) provide a list of approved programs in behavioral health peer support and family peer support; and

(b) approve content that is flexible, affordable, and inclusive of faith-based, cultural, and educational programs available from national, regional, and state agencies and organizations.
Mont. Code Ann. § 37-45-103 — MT Code / Title 37 / Chapter 45 / Part 1 / Section 37-45-103
37-45-103 Department rulemaking
Status: in_force

37-45-103 . (Effective January 1, 2026) Department rulemaking. The department may adopt rules necessary to implement this chapter.
Mont. Code Ann. § 37-67-324 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-324
37-67-324 Qualifications of applicant for certification as engineer intern
Status: in_force

37-67-324 . Qualifications of applicant for certification as engineer intern. (1) An applicant who meets any of the following sets of requirements must be granted a certificate as an engineer intern:

(a) a baccalaureate or master's degree in engineering or engineering technology in a curriculum approved by the board, passage of the fundamentals of engineering examination, and references as required by the board; or

(b) a baccalaureate degree in a science curriculum other than a board-approved engineering or engineering technology curriculum, passage of the fundamentals of engineering examination, a specific record of at least 4 years of progressive experience under the supervision of a licensed professional engineer, and references as required by the board. An applicant approved for certification pursuant to this subsection is eligible for licensure as a professional engineer only under 37-67-323 (1)(c).

(2) Certification as an engineer intern does not authorize the holder to practice as a professional engineer.
Mont. Code Ann. § 37-54-512 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-512
37-54-512 Audits
Status: in_force

37-54-512 . Audits. Upon renewal, not less than 10% of the appraisal management companies in this state must be subjected to a random audit. Audited appraisal management companies shall submit the recordkeeping documentation described in 37-54-513 for the 12-month period prior to renewal and any other documentation the board requests to validate compliance with this chapter. Any costs incurred by the board during an audit may be attributed to the appraisal management company.
Mont. Code Ann. § 37-45-203 — MT Code / Title 37 / Chapter 45 / Part 2 / Section 37-45-203
37-45-203 Fees -- education fund -- fines
Status: in_force

37-45-203 . (Effective January 1, 2026) Fees -- education fund -- fines. (1) Each applicant for a construction contractor license shall pay an application fee established by the department.

(2) The fees collected under this chapter in accordance with 37-1-134 must be deposited in a special revenue account for administration and enforcement of this chapter.

(3) The department shall provide, in cooperation with building industry stakeholders, a program to educate consumers and the building industry about construction contractor licensing requirements.

(4) A fine collected from a construction contractor under 37-1-109 or 37-1-406 must be deposited in the uninsured employers' fund established in 39-71-503 .
Mont. Code Ann. § 37-43-313 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-313
37-43-313 Disciplinary authority
Status: in_force

37-43-313 . Disciplinary authority. (1) If the board finds grounds for disciplinary action, as provided in subsection (2), the board may by order:

(a) require a licensee to repair or reconstruct substandard wells at the licensee's expense to meet board standards;

(b) require a licensee to take further training or education;

(c) place probationary terms and conditions on a license;

(d) suspend a license for a period not to exceed 1 year; or

(e) revoke a license, specifying that the licensee may not reapply for licensure for a period of 3 years from the date of revocation.

(2) Grounds for disciplinary action include:

(a) violating the rules, construction standards, or laws established by the board and this chapter;

(b) disobeying an order from the board to repair or reconstruct a substandard well;

(c) violating probationary terms of or conditions on a license;

(d) misrepresenting facts on well log reports, license or renewal applications, or apprenticeship records or in response to board inquiries; or

(e) failing to maintain qualifications for licensure as specified in 37-43-305 .

(3) This section may not be interpreted to conflict with the provisions of 37-1-138 .
Mont. Code Ann. § 37-54-507 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-507
37-54-507 Mandatory reporting
Status: in_force

37-54-507 . Mandatory reporting. An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the uniform standards of professional appraisal practice, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board.
Mont. Code Ann. § 37-11-310 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-310
37-11-310 Foreign-trained applicants
Status: in_force

37-11-310 . Foreign-trained applicants. The foreign-trained physical therapist applicant's transcripts will be evaluated by a board-approved agency that reviews credentials. On receipt of this evaluation the board shall determine whether the number of academic credits awarded meets equivalent educational standards for a physical therapist degree or certificate established by an American physical therapist association accredited school of physical therapy. If the applicant's professional education credit hours are approved by the board, the applicant is eligible for a provisional license prior to examination.
Mont. Code Ann. § 37-72-305 — MT Code / Title 37 / Chapter 72 / Part 3 / Section 37-72-305
37-72-305 Licensure of persons licensed by other jurisdictions
Status: in_force

37-72-305 . Licensure of persons licensed by other jurisdictions. Upon receipt of an application and application fee, the department shall issue a license to any person fulfilling the requirements of 37-72-301 (2)(a) through (2)(d) who holds a certificate, license, or permit, issued by another state or any agency of the United States, allowing the person to supervise or engage in the practice of construction blasting if the department finds that the certificate, license, or permit was issued upon the satisfactory completion of requirements substantially equivalent to the requirements of 37-72-301 and 37-72-302 .
Mont. Code Ann. § 37-1-313 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-313
37-1-313 Appeal
Status: in_force

37-1-313 . Appeal. (1) A person who is disciplined by a board under 37-1-308 through 37-1-312 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 board. Consideration of the dispute is not an adversarial or a contested case hearing. The board's decision may be appealed as provided in subsection (1).
Mont. Code Ann. § 37-27-301 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-301
37-27-301 Unlawful to practice without license
Status: in_force

37-27-301 . Unlawful to practice without license. It is unlawful for a person to practice direct-entry midwifery in this state without first obtaining a license under this chapter.
Mont. Code Ann. § 37-67-102 — MT Code / Title 37 / Chapter 67 / Part 1 / Section 37-67-102
37-67-102 Representation as practitioner to be considered as practice
Status: in_force

37-67-102 . Representation as practitioner to be considered as practice. (1) A person must be considered to practice or offer to practice engineering, within the meaning and intent of this chapter, who:

(a) practices any branch of the profession of engineering;

(b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents that the person is a professional engineer or through the use of some other title implies that the person is a professional engineer or is licensed under this chapter; or

(c) represents that the person is able to perform or does perform any engineering service or work or any other service designated by the practitioner that is recognized as engineering.

(2) A person must be considered to practice or offer to practice land surveying, within the meaning and intent of this chapter, who:

(a) engages in land surveying;

(b) by verbal claim, sign, letterhead, card, or in any other way represents that the person is a professional land surveyor or through the use of some other title implies that the person is a professional land surveyor; or

(c) represents that the person is able to perform or does perform any land surveying service or work or any other service designated by the practitioner that is recognized as land surveying.
Mont. Code Ann. § 37-73-102 — MT Code / Title 37 / Chapter 73 / Part 1 / Section 37-73-102
37-73-102 Rulemaking
Status: in_force

37-73-102 . Rulemaking. The department may adopt rules for the administration of this chapter and for the licensing and disciplining of elevator mechanics, elevator contractors, and elevator inspectors. The department shall adopt rules to provide for a limited mechanic's license and a limited elevator contractor's license.
Mont. Code Ann. § 37-20-404 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-404
37-20-404 Prescribing and dispensing authority
Status: in_force

37-20-404 . Prescribing and dispensing authority. (1) A physician assistant may prescribe, dispense, and administer drugs.

(2) All dispensing activities allowed by this section must comply with 37-2-104 and with packaging and labeling guidelines developed by the board of pharmacy under Title 37, chapter 7.

(3) The prescribing and dispensing authority for a physician assistant may include the following:

(a) Prescribing, dispensing, and administration of Schedule III drugs listed in 50-32-226 , Schedule IV drugs listed in 50-32-229 , and Schedule V drugs listed in 50-32-232 is authorized.

(b) Prescribing, dispensing, and administration of Schedule II drugs listed in 50-32-224 may be authorized for limited periods not to exceed 34 days.

(c) Records on the dispensing and administration of scheduled drugs must be kept.

(d) A physician assistant shall maintain registration with the federal drug enforcement administration if the physician assistant is authorized to prescribe controlled substances.

(e) A prescription written by a physician assistant must comply with regulations relating to prescription requirements adopted by the board of pharmacy.
Mont. Code Ann. § 37-1-406 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-406
37-1-406 Sanctions -- stay -- costs -- stipulations
Status: in_force

37-1-406 . Sanctions -- stay -- costs -- stipulations. (1) On a decision that a licensee or license applicant has committed unprofessional conduct as provided in 37-1-402 or administrative rule, or on stipulation of the parties, the department may order one or any combination of the following sanctions that are necessary to protect the public:

(a) revocation of the license;

(b) suspension of the license for a fixed or indefinite term;

(c) compliance with the conditions of probation for a period not to exceed 3 years;

(d) restriction or limitation of the practice;

(e) monitoring of the practice by a supervisor approved by the disciplining authority;

(f) satisfactory completion of a specific program of remedial education or treatment;

(g) payment of a fine not to exceed $5,000 for each violation;

(h) denial of a license application or issuance of the license for a probationary period not to exceed 3 years;

(i) censure or reprimand;

(j) refund of costs and fees billed to and collected from a consumer; or

(k) other appropriate action.

(2) Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.

(3) A sanction may be totally or partly stayed by the department.

(4) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603 .
Mont. Code Ann. § 37-2-312 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-312
37-2-312 Physician's immunity from liability
Status: in_force

37-2-312 . Physician's immunity from liability. A physician reporting in good faith is immune from any liability, civil or criminal, that otherwise might result by reason of the physician's actions pursuant to 37-2-311 except for damages occasioned by gross negligence. An action may not be brought against a physician for not making a report pursuant to 37-2-311 .
Mont. Code Ann. § 37-1-108 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-108
37-1-108 Rules governing active supervision
Status: in_force

37-1-108 . Rules governing active supervision. The department may adopt rules necessary to carry out active supervision of board actions as provided for in 37-1-121 and 37-1-122 .
Mont. Code Ann. § 37-2-705 — MT Code / Title 37 / Chapter 2 / Part 7 / Section 37-2-705
37-2-705 Suspension of license or privilege for failure to report
Status: in_force

37-2-705 . Suspension of license or privilege for failure to report. The willful failure of any person, organization, association, society, or health care facility to comply with 37-2-703 is grounds for suspension of any license or privilege granted by the state of Montana. Upon such failure, the agency granting the license or privilege may, in its discretion, suspend the license or privilege for a period not to exceed 1 month.
Mont. Code Ann. § 37-15-311 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-311
37-15-311 Municipal tax prohibited
Status: in_force

37-15-311 . Municipal tax prohibited. A municipality or any other subdivision of the state may not impose a license tax on speech-language pathologists, audiologists, speech-language pathology assistants, or audiology assistants.
Mont. Code Ann. § 37-39-103 — MT Code / Title 37 / Chapter 39 / Part 1 / Section 37-39-103
37-39-103 Duties of board
Status: in_force

37-39-103 . Duties of board. The board:

(1) shall meet at least annually to perform the duties described in this chapter;

(2) shall adopt rules to carry out the provisions of this chapter, including but not limited to rules that set professional, practice, and ethical standards for licensees;

(3) may adopt rules governing the issuance of licenses of special competence in particular areas of practice as a clinical professional counselor. The board shall establish criteria for each particular area for which a license is issued.

(4) shall recommend prosecutions for violations of this chapter to the attorney general or the appropriate county attorney, or both.
Mont. Code Ann. § 37-6-103 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-103
37-6-103 Application of chapter
Status: in_force

37-6-103 . Application of chapter. This chapter does not apply to any physician licensed to practice the profession in this state or to surgeons of the United States army, navy, or public health service when in actual performance of their duties.
Mont. Code Ann. § 37-47-325 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-325
37-47-325 Outfitter's assistants -- exemption from licensing
Status: in_force

37-47-325 . Outfitter's assistants -- exemption from licensing. (1) An outfitter may hire or retain an outfitter's assistant.

(2) An outfitter's assistant is not required to obtain a license under this chapter.

(3) The outfitter's assistant must carry proof of employment as required by the board by rule.

(4) (a) An outfitter who employs or retains an outfitter's assistant is responsible for ensuring that the outfitter's assistant:

(i) safeguards the public health, safety, and welfare while providing services; and

(ii) is qualified and competent to perform the tasks of a guide.

(b) The board shall hold an outfitter who employs or retains an outfitter's assistant responsible under the provisions of 37-1-316 , 37-47-341 , and 37-47-402 for any acts or omissions by the outfitter's assistant in the ordinary course and scope of duties assigned by the outfitter.

(5) The outfitter's assistant may not be employed or retained by an outfitter for more than 15 days in a calendar year unless the outfitter's assistant is actively obtaining a guide's license pursuant to this part and the board determines that the license application is routine for purposes of 37-1-101 .

(6) An outfitter may use more than one outfitter's assistant in a calendar year.

(7) An outfitter's assistant may be employed or retained by an outfitter on more than one occasion in a calendar year if:

(a) the outfitter's assistant is not employed or retained for more than 15 days as an outfitter's assistant in that calendar year; or

(b) the outfitter's assistant is actively obtaining a guide's license and the board determines that the license application is routine for purposes of 37-1-101 .
Mont. Code Ann. § 37-2-202 — MT Code / Title 37 / Chapter 2 / Part 2 / Section 37-2-202
37-2-202 Confidentiality of medical assistance program information -- health care information
Status: in_force

37-2-202 . Confidentiality of medical assistance program information -- health care information. (1) The proceedings and records of a medical assistance program created in chapter 3, 4, 7, 8, 12, or 18 relating to a licensee who has received or is receiving assistance from the medical assistance program:

(a) are confidential and are considered to be proceedings and records of a professional standards review committee under 37-2-201 ; and

(b) are not subject to discovery or introduction into evidence in any administrative or judicial proceeding other than a disciplinary proceeding against the licensee before the applicable licensing board. If the proceedings and records are introduced into evidence in a disciplinary proceeding, the introduced materials are public unless otherwise protected by law.

(2) Any health care information, as defined in 50-16-803 , that is maintained by a health care provider in the provision of health care services to a licensee participating in a medical assistance program provided for in chapter 3, 4, 7, 8, 12, or 18 is subject to discovery from the licensee or the health care provider and to introduction into evidence in an administrative or judicial proceeding as may otherwise be allowed by law.
Mont. Code Ann. § 37-60-407 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-407
37-60-407 Regulation of uniforms, badges, and equipment
Status: in_force

37-60-407 . Regulation of uniforms, badges, and equipment.

(1) The department shall establish rules regulating uniforms, badges, identification cards, emblems, patches, insignias, or other devices that may be worn or displayed on uniforms, vehicles, or equipment used by any private security firm, electronic security firm, or private investigator.

(2) The department shall design the rules to clearly distinguish any licensee conducting private security functions and avoid confusion with government law enforcement personnel.
Mont. Code Ann. § 37-26-301 — MT Code / Title 37 / Chapter 26 / Part 3 / Section 37-26-301
37-26-301 Practice of naturopathic health care -- alternative health care formulary committee
Status: in_force

37-26-301 . Practice of naturopathic health care -- alternative health care formulary committee. (1) Naturopathic physicians may practice naturopathic medicine as a limited practice of the healing arts as exempted in 37-3-103 (1)(l), with the following restrictions. A naturopathic physician may not:

(a) prescribe, dispense, or administer any legend drug, as defined in 50-31-301 , except for whole gland thyroid; homeopathic preparations; the therapeutic substances, drugs, and therapies described in subsection (2); and oxytocin (pitocin), provided that the naturopathic physician may administer but may not prescribe or dispense oxytocin (pitocin);

(b) administer ionizing radioactive substances for therapeutic purposes;

(c) perform surgical procedures except those minor surgery procedures authorized by this chapter; or

(d) claim to practice any licensed health care profession or system of treatment other than naturopathic medicine unless holding a separate license in that profession.

(2) Naturopathic physicians may prescribe, administer, and dispense for preventive and therapeutic purposes the following therapeutic substances, drugs, and therapies, as well as drugs as specified by the formulary list provided for in subsection (3):

(a) food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanical medicines, homeopathic preparations, and oxytocin (pitocin);

(b) topical drugs, health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, therapeutic devices, and nonprescription drugs; and

(c) barrier devices for contraception, naturopathic childbirth attendance, and minor surgery.

(3) A five-member alternative health care formulary committee appointed by the board shall establish a formulary list. The committee consists of a licensed pharmacist plus four members of the board, two of whom must be licensed naturopathic physicians, one who must be a licensed medical doctor, and one who must be a public member. The list may not go beyond the scope of substances covered by approved naturopathic college curricula or continuing education and must be reviewed annually by the committee. Changes to the list that are recommended by the committee and accepted by the board must be published as administrative rules.

(4) Naturopathic physicians may perform or order for diagnostic purposes a physical or orificial examination, ultrasound, phlebotomy, clinical laboratory test or examination, physiological function test, and any other noninvasive diagnostic procedure commonly used by physicians in general practice and as authorized by 37-26-201 (2).

(5) If the place where a naturopath maintains an office for the practice of naturopathy is more than 10 miles from a place of business that sells and dispenses the drugs a naturopath may prescribe under subsection (2), then, to the extent the drugs are not available within 10 miles of the naturopath's office, the naturopath may sell the drugs that are unavailable.
Mont. Code Ann. § 37-3-314 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-314
37-3-314 Deposit of money received
Status: in_force

37-3-314 . Deposit of money received. Money received under this chapter by the department shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6). In the case of a deficiency, the reserves in this account in the state special revenue fund may be used, on approval by the department of administration and the governor.
Mont. Code Ann. § 37-47-305 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-305
37-47-305 Outfitter's examination
Status: in_force

37-47-305 . Outfitter's examination. Each applicant for an outfitter's license, after meeting the experience and training specifications and other qualifications set by this chapter or rules adopted pursuant to this chapter, is entitled to take and must pass a standard examination administered by the board or its agent. The examination must require general and sufficient knowledge displaying and indicating ability to perform the services contemplated with efficiency and with safety to the health and welfare of participants. The examination must test the applicant's knowledge of subjects that apply to the type of license applied for and may include the following subjects:

(1) federal and state fish and game laws and regulations;

(2) federal and state regulations as applicable to outfitting;

(3) boat safety; and

(4) water safety.
Mont. Code Ann. § 37-19-908 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-908
37-19-908 Right to rely
Status: in_force

37-19-908 . Right to rely. (1) A person who signs a funeral agreement, cremation authorization form, or other authorization for disposition must be considered as warranting the truthfulness of any facts set forth in the agreement, form, or authorization, including:

(a) the identity of the decedent whose remains are subject to the disposition; and

(b) the person's authority to order the disposition.

(2) A mortician may rely on the funeral service agreement, cremation authorization form, or other authorization and may carry out the instructions of the person or persons who the mortician reasonably believes hold the right of disposition.

(3) A mortician is not responsible to contact or to independently investigate the existence of any next of kin or relatives of the decedent.

(4) If a class includes two or more persons who are equal in priority, a mortician may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements if another person in the class has not provided to the mortician written notice of the person's objections to the arrangements and the mortician does not have knowledge of any objections to the arrangements by other members of the class.
Mont. Code Ann. § 37-14-306 — MT Code / Title 37 / Chapter 14 / Part 3 / Section 37-14-306
37-14-306 Limited permits
Status: in_force

37-14-306 . Limited permits. (1) The board may issue a limited permit to an applicant not qualifying for the issuance of a license under the provisions of this chapter but who has demonstrated to the satisfaction of the board the capability of performing high-quality x-ray procedures without endangering public health and safety. An applicant shall demonstrate this capability by completion of formal classroom training that meets the standards established by rule and by means of examination. Limited permits issued under the provisions of 37-14-305 and this section must specify x-ray procedures, defined and established by rule, that may be performed by the holder. Limited permits are valid for a period not to exceed 12 months but may be renewed under the provisions established by rule.

(2) Each applicant for a limited permit:

(a) must be of good moral character;

(b) must be at least 18 years of age; and

(c) may not be addicted to intemperate use of alcohol or narcotic drugs.
Mont. Code Ann. § 37-6-101 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-101
37-6-101 Definitions
Status: in_force

37-6-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of medical examiners provided for in 2-15-1731 .

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

(3) "Podiatrist" means a physician or surgeon of the foot and ankle, licensed to diagnose and treat ailments of the human functional foot and ankle.

(4) "Podiatry" means the diagnosis and treatment of ailments of the human functional foot and ankle as provided in 37-6-102 .
Mont. Code Ann. § 37-60-405 — MT Code / Title 37 / Chapter 60 / Part 4 / Section 37-60-405
37-60-405 Approval of weapons
Status: in_force

37-60-405 . Approval of weapons. The weapons to be carried by armed licensees or holders of identification cards as private security personnel or private investigators must be approved by the department.
Mont. Code Ann. § 37-43-306 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-306
37-43-306 Bond to be required
Status: in_force

37-43-306 . Bond to be required. (1) The department, on issuance of a water well contractor's or monitoring well constructor's license under this chapter, shall require, before the person commences operations in this state, a good and sufficient surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, in the sum of $25,000, conditioned that the licensee will comply with the rules of the board.

(2) A person who is licensed in more than one category need supply only one surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, for $25,000.

(3) A state or federal employee who is bonded by the state or federal government is not required to supply a bond during the course of employment with the state or federal government. A bond is required if the person ceases government employment.

(4) In lieu of the requirements of subsections (1) through (3), a firm, corporation, or partnership having more than two licensed water well contractors or monitoring well constructors may submit one bond in the amount of $25,000 for the entire firm, corporation, or partnership.
Mont. Code Ann. § 37-8-423 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-423
37-8-423 Medication aide II -- qualifications
Status: in_force

37-8-423 . Medication aide II -- qualifications. An applicant for a license to practice as a medication aide II shall submit to the board written evidence that the applicant:

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

(2) holds a valid certificate from the department of public health and human services as a certified nursing assistant;

(3) has been employed as a certified nursing assistant in a long-term care facility licensed to provide skilled nursing care, as defined in 50-5-101 , for a minimum of 1,000 hours;

(4) holds a valid certificate in cardiopulmonary resuscitation;

(5) (a) has successfully completed a training program specified by the board that includes 100 hours of education consisting of classroom instruction, laboratory skills, and supervised medication administration related to basic pharmacology and principles of safe medication administration; or

(b) is currently licensed as a medication aide in another state with a program that is determined by the board to be reasonably equivalent to the board-specified program;

(6) has passed a board-approved competency examination with at least 80% proficiency; and

(7) has completed 6 hours of annual continuing education in pharmacology and medication administration.
Mont. Code Ann. § 37-8-422 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-422
37-8-422 Medication aide I -- scope of practice
Status: in_force

37-8-422 . Medication aide I -- scope of practice. A medication aide I may:

(1) perform services requiring basic knowledge of medications and medication administration under specific circumstances as determined by the board by administrative rule;

(2) practice only in a licensed assisted living facility, as defined in 50-5-101 ; and

(3) practice only under the general supervision of a licensed professional or practical nurse.
Mont. Code Ann. § 37-2-303 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-303
37-2-303 Immunity from liability
Status: in_force

37-2-303 . Immunity from liability. A physician or other person reporting pursuant to 37-2-302 is presumed to be acting in good faith and in reporting is immune from any liability, civil or criminal, unless the individual acted in bad faith or with malicious purpose.
Mont. Code Ann. § 37-6-102 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-102
37-6-102 Scope of practice
Status: in_force

37-6-102 . Scope of practice. (1) A podiatrist may diagnose and treat ailments of the human functional foot and ankle by all systems and means. The functional foot is the anatomical foot and any muscle, tendon, ligament, or other soft tissue structure that is directly attached to the anatomical foot and that impacts on or affects the foot or foot function. The ankle is the articulation between the talus, tibia, and fibula and their related soft tissue structures.

(2) A podiatrist may not administer any anesthetic other than a local anesthetic.
Mont. Code Ann. § 37-1-420 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-420
37-1-420 Continuing education -- certification -- other qualifications for continued licensure -- audit
Status: in_force

37-1-420 . Continuing education -- certification -- other qualifications for continued licensure -- audit. (1) The department on behalf of a program without a board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education.

(2) As a precondition of license renewal the department may not audit or require proof of continuing education or certification of a program that requires continuing education or state, regional, or national certification. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141 , is subject to a mandatory continuing education audit.

(3) After the lapsed date provided for in 37-1-141 , the department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with a program's continuing education requirements.

(4) The department may audit licensees for compliance with state, regional, or national certification or other department requirements.

(5) The department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321 .
Mont. Code Ann. § 37-2-311 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-311
37-2-311 Report to department of justice by physician
Status: in_force

37-2-311 . Report to department of justice by physician. (1) Any physician who diagnoses a physical or mental condition that, in the physician's judgment, will significantly impair a person's ability to safely operate a motor vehicle may voluntarily report the person's name and other information relevant to the person's condition to the department of justice. The department, upon receiving the report, shall require the person reported to be examined or investigated as provided for in 61-5-207 .

(2) (a) The physician's report may be introduced as evidence in any proceeding involving the granting, suspension, or revocation of the person's driver's license, driving privilege, or commercial driver's license before the department or a court.

(b) The physician's report may not be utilized in a criminal proceeding or in a civil proceeding, other than as provided in this subsection (2), without the consent of the patient.
Mont. Code Ann. § 37-7-302 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-302
37-7-302 Qualifications -- display of license
Status: in_force

37-7-302 . Qualifications -- display of license. (1) To be entitled to examination as a pharmacist, the applicant must be of good moral character and must have graduated and received the first professional undergraduate degree from the school of pharmacy of the university of Montana-Missoula or have received an accredited pharmacy degree that has been approved by the board. However, an applicant may not receive a registered pharmacist's license until the applicant has complied with the internship requirements established by the board.

(2) Each person licensed and registered under this chapter must receive from the department an appropriate license. The license must be conspicuously displayed at all times in the place of business.
Mont. Code Ann. § 37-1-401 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-401
37-1-401 Uniform regulation for licensing programs without boards -- definitions
Status: in_force

37-1-401 . (Temporary) Uniform regulation for licensing programs without boards -- definitions. As used in this part, the following definitions apply:

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

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

(3) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, 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 department;

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

(d) whether the department should seek an injunction.

(4) "License" means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

(a) Title 37, chapter 2, part 6;

(b) Title 37, chapter 16, 40, 45, 55, 56, 60, 72, 73[, or 77]; or

(c) Title 50, chapter 6, 39, 74, or 76.

(5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of:

(a) Title 37, chapter 2, part 6;

(b) Title 37, chapter 16, 40, 45, 49, 55, 56, 60, 72, 73[, or 77]; or

(c) Title 50, chapter 6, 39, 74, or 76. (Terminates June 30, 2031--sec. 10, Ch. 628, L. 2023; bracketed language in subsections (4)(b) and (5)(b) terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 37-31-103 — MT Code / Title 37 / Chapter 31 / Part 1 / Section 37-31-103
37-31-103 Purpose
Status: in_force

37-31-103 . Purpose. It is a matter of legislative policy in the state of Montana that the practice of barbering, barbering nonchemical, cosmetology, electrology, esthetics, and manicuring affects the public health, safety, and welfare and is subject to regulation and control in order to protect the public from unauthorized and unqualified practice.
Mont. Code Ann. § 37-16-202 — MT Code / Title 37 / Chapter 16 / Part 2 / Section 37-16-202
37-16-202 Powers and duties -- licensed hearing aid dispenser program
Status: in_force

37-16-202 . Powers and duties -- licensed hearing aid dispenser program. The department may:

(1) adopt rules necessary to carry out this chapter;

(2) require the periodic inspection and calibration of audiometric testing equipment; and

(3) adopt minimum requirements for the form of bills of sale and receipts.
Mont. Code Ann. § 37-28-202 — MT Code / Title 37 / Chapter 28 / Part 2 / Section 37-28-202
37-28-202 Licensing requirements -- examination
Status: in_force

37-28-202 . Licensing requirements -- examination. (1) To be eligible for licensure by the board as a respiratory care practitioner, an applicant must:

(a) have completed high school or the equivalent;

(b) have completed a respiratory care educational program accredited or provisionally accredited by the American medical association's committee on allied health education and accreditation in collaboration with the joint review committee for respiratory therapy education or their successor organizations; and

(c) have passed an examination prescribed by the board. The board may use the entry-level examination written by the national board for respiratory care or another examination that satisfies the standards of the national commission for health certifying agencies or the commission's equivalent.

(2) A person holding a license to practice respiratory care in the state may use the title "respiratory care practitioner" and the abbreviation "RCP".
Mont. Code Ann. § 37-1-142 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-142
37-1-142 Terminated
Status: in_force

37-1-142 . Terminated. Sec. 1, Ch. 36, L. 2013.
Mont. Code Ann. § 37-17-102 — MT Code / Title 37 / Chapter 17 / Part 1 / Section 37-17-102
37-17-102 Definitions
Status: in_force

37-17-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Accredited college or university" means a college or university accredited by the regional accrediting association for institutions of higher learning, such as the northwest commission on colleges and universities.

(2) "Board" means the board of psychologists provided for in 2-15-1741 .

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

(4) (a) "Practice of psychology" means the observation, description, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purpose of eliminating symptomatic, maladaptive, or undesired behavior and improving interpersonal relations, work and life adjustment, personal effectiveness, and mental health.

(b) The practice of psychology includes but is not limited to psychological testing and evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders or disabilities, chemical dependency, substance abuse, and the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation.

(5) A person represents to the public that the person is a "psychologist" when the person uses a title or description of services incorporating the words "psychologist", "psychological", "psychologic", or "psychology" and offers to render or renders psychological services described in subsection (4) to individuals, groups, corporations, or the public, whether or not the person does so for compensation or fee.
Mont. Code Ann. § 37-39-308 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-308
37-39-308 Social work license required -- qualifications
Status: in_force

37-39-308 . Social work license required -- qualifications. (1) A person may not practice social work unless licensed under Title 37, chapter 1, and this chapter.

(2) Except as provided in subsection (6), an applicant for a clinical social work license must have:

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

(b) successfully completed 3,000 hours of supervised social work practice; and

(c) passed an approved examination.

(3) Except as provided in subsection (8), an applicant for a master's social work license must have:

(a) completed a master's degree in an approved program;

(b) successfully completed the required hours of supervised social work practice as determined by board rule; and

(c) passed an approved examination.

(4) Except as provided in subsection (8), an applicant for a baccalaureate social work license must have:

(a) completed a bachelor's degree in social work from an approved program;

(b) successfully completed the required hours of supervised social work practice as determined by board rule; and

(c) passed an approved examination.

(5) A clinical social work licensee may engage in the independent practice of social work as defined in board rule.

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

(7) The supervised social work practice required by this section must be completed as provided in 37-39-307 and as prescribed by the board by rule.

(8) An individual who as of January 1, 2020, has the education required in subsection (3) or (4) and has engaged in the practice of social work for at least 4,000 hours aggregate during the period of January 1, 2018, to January 1, 2023, may apply for licensure as a baccalaureate or master's social worker without examination, without registering as a licensed social worker candidate, and without meeting the required supervised hours pursuant to subsection (3) or (4). To be eligible for licensure under this subsection, an individual shall demonstrate these requirements to the board on or before December 31, 2024.
Mont. Code Ann. § 37-9-301 — MT Code / Title 37 / Chapter 9 / Part 3 / Section 37-9-301
37-9-301 Qualifications for licensure -- examination
Status: in_force

37-9-301 . Qualifications for licensure -- examination. (1) A person may not be granted a nursing home administrator license unless the person:

(a) is of good moral character, as determined by the board, and has received a high school diploma or its equivalent; and

(b) (i) has satisfactorily completed a course of instruction and training prescribed by the board, which must be designed and administered to present sufficient knowledge of the needs properly served by long-term care facilities, laws governing the operation of long-term care facilities and the protection of the interests of patients, and the elements of good nursing home administration; or

(ii) has presented evidence satisfactory to the board of sufficient education, training, or experience, or a combination of education, training, and experience, in the fields referred to in subsection (1)(b)(i) to administer, supervise, and manage a long-term care facility; and

(c) has passed an examination designed to test for competence in the subject matters referred to in subsection (1)(b)(i).

(2) The minimum standards for qualification must comply with the requirements, if any, set forth in 42 U.S.C. 1396g.
Mont. Code Ann. § 37-1-104 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-104
37-1-104 Standardized forms
Status: in_force

37-1-104 . Standardized forms. The department shall adopt standardized forms and processes to be used by the boards and department programs. The standardization is to streamline processes, expedite services, reduce costs and waste, and facilitate computerization.
Mont. Code Ann. § 37-42-302 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-302
37-42-302 Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception
Status: in_force

37-42-302 . Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception. (1) Except as provided in subsection (3), it is unlawful for a person, firm, or corporation, both municipal and private, operating a wastewater treatment plant, water treatment plant, or water distribution system to operate the plant or system unless the competency of the operator is certified to by the department under this chapter.

(2) Except as provided in subsection (3), it is unlawful for a person to perform the duties of an operator without being certified under this chapter.

(3) The prohibitions in subsections (1) and (2) do not pertain to a water distribution system that:

(a) does not contain a treatment facility;

(b) obtains all of its water from a public water supply system but is not owned or operated by the owner or operator of that public water supply system; and

(c) does not sell water.

(4) For good cause shown, the department may issue temporary certificates that are valid for up to 1 year.
Mont. Code Ann. § 37-7-704 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-704
37-7-704 Inspections
Status: in_force

37-7-704 . Inspections. If the licensing or regulatory agency of the state in which an out-of-state mail order pharmacy is domiciled fails or refuses to inspect the out-of-state mail order pharmacy after receiving a request for an inspection from the board of this state, the board may cancel the out-of-state pharmacy's right to do business in this state unless the out-of-state pharmacy agrees to an onsite inspection by the board of this state.
Mont. Code Ann. § 37-15-301 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-301
37-15-301 License required -- exception -- rulemaking
Status: in_force

37-15-301 . (Temporary) License required -- exception -- rulemaking. (1) A license must be issued to qualified persons either in speech-language pathology or audiology. A person may be licensed in both areas if the person meets the respective qualifications, and in those instances, the license fee must be as though for one license.

(2) A person may not practice or represent to the public that the person is a speech-language pathologist, an audiologist, a speech-language pathology assistant, or an audiology assistant in this state unless the person is licensed in accordance with the provisions of this chapter.

(3) The board may issue a limited license to qualified individuals engaged in supervised professional experience, as defined by board rule.

(4) The board shall establish by rule the qualifications and permitted activities for speech-language pathology aides and audiology aides who are employed by a school district as defined in 20-6-101 . The rules may not require the speech-language pathology aide or audiology aide employed by a school district to be licensed by the board. The rules adopted by the board may not be more restrictive than the requirements in subsection (5).

(5) A speech-language pathology aide or audiology aide employed by a school district:

(a) is not required to be licensed by the board;

(b) shall work under the supervision of a speech-language pathologist or an audiologist a minimum of 20% of the time; and

(c) may not perform work that requires the independent judgment of a speech-language pathologist or audiologist. (Terminates on occurrence of contingency--sec. 4, Ch. 524, L. 2025.)
Mont. Code Ann. § 37-20-411 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-411
37-20-411 Unlawful acts
Status: in_force

37-20-411 . Unlawful acts. A person who performs acts constituting the practice of medicine in this state acts unlawfully if the person

has not been issued a license pursuant to this chapter and is not exempt from the licensing requirement of this chapter.
Mont. Code Ann. § 37-68-308 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-308
37-68-308 Licensure without examination of persons licensed locally
Status: in_force

37-68-308 . Licensure without examination of persons licensed locally. The board may authorize the department to issue a license as a master electrician, journeyman electrician, or residential electrician to an applicant without written examination on satisfactory proof that the applicant has the qualifications to apply for a license under this chapter and is the holder of a valid license issued by a city or other political subdivision of this state which provides for the examination and licensing of electricians.
Mont. Code Ann. § 37-13-301 — MT Code / Title 37 / Chapter 13 / Part 3 / Section 37-13-301
37-13-301 License required for practice
Status: in_force

37-13-301 . License required for practice. (1) A person may not engage in the practice of acupuncture in this state unless the person is licensed under the provisions of this chapter.

(2) A person may not purport to practice acupuncture or use the title "acupuncturist" or any similar title unless the person is licensed under the provisions of this chapter.
Mont. Code Ann. § 37-72-307 — MT Code / Title 37 / Chapter 72 / Part 3 / Section 37-72-307
37-72-307 License -- form -- pocket card
Status: in_force

37-72-307 . License -- form -- pocket card. (1) The department shall prescribe the form of license.

(2) The department shall annually prepare and deliver a pocket card certifying that the person whose name appears on the card is a licensed construction blaster and stating the period for which fees have been paid.
Mont. Code Ann. § 37-31-303 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-303
37-31-303 Application for license to practice or teach
Status: in_force

37-31-303 . Application for license to practice or teach. An applicant for a license to practice or teach under this chapter shall file an application provided by the department and pass the examination prescribed by the board by rule to qualify for licensure.
Mont. Code Ann. § 37-19-704 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-704
37-19-704 Cremation authorization required -- identification
Status: in_force

37-19-704 . Cremation authorization required -- identification. (1) Except as otherwise provided in this chapter, a crematory may not cremate human remains until it has received a cremation authorization.

(2) A crematory may not accept unidentified human remains.

(3) Appropriate identification must be placed upon the exterior of the cremation container upon receipt of the human remains.
Mont. Code Ann. § 37-27-312 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-312
37-27-312 Screening procedures
Status: in_force

37-27-312 . Screening procedures. In addition to meeting the eligibility criteria for client screening established by the board pursuant to 37-27-105 , a direct-entry midwife shall recommend that patients secure the following services by an appropriate health care provider:

(1) the standard serological test, as defined in 50-19-101 , for women seeking prenatal care;

(2) screening for human immunodeficiency virus, when appropriate;

(3) maternal serum alpha-fetoprotein test and ultrasound, upon request;

(4) Rh antibody and glucose screening at 28 weeks' gestation, upon request;

(5) nonstress testing by a fetal monitor of a fetus at greater than 42 1/2 weeks' gestation or if other reasons indicate the testing;

(6) screening for phenylketonuria;

(7) Rh screening of the infant for RhoGAM treatment if the mother is Rh negative; and

(8) screening for premature labor and other risk factors.
Mont. Code Ann. § 37-73-220 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-220
37-73-220 License renewal -- continuing education
Status: in_force

37-73-220 . License renewal -- continuing education. (1) (a) All licenses issued under this chapter expire on a date set by department rule.

(b) A licensee may renew a license by filing an application with the department on a form provided by the department and by paying a renewal fee in an amount established by the department by rule.

(2) The department shall establish by rule continuing education requirements for persons licensed as elevator mechanics or elevator inspectors. The department may not require less than 8 hours of continuing education for each license term. The continuing education requirement must be met by the licensee taking all of the required hours of continuing education in the year prior to the expiration of the license. The rules must include requirements for instructor certification, course content, and recordkeeping.

(3) The department shall issue a renewal license to applicants who meet the requirements of this section.
Mont. Code Ann. § 37-13-101 — MT Code / Title 37 / Chapter 13 / Part 1 / Section 37-13-101
37-13-101 Citation of chapter
Status: in_force

37-13-101 . Citation of chapter. This chapter shall be known and may be cited as the "Acupuncture Practice Act of 1974".
Mont. Code Ann. § 37-72-302 — MT Code / Title 37 / Chapter 72 / Part 3 / Section 37-72-302
37-72-302 Training and experience requirements
Status: in_force

37-72-302 . Training and experience requirements. (1) A person applying for licensure as a construction blaster shall furnish proof, under oath, on a form provided by the department, that the person has:

(a) successfully completed a training program in construction blasting that has been recognized by the explosives or construction industry and approved by the department; and

(b) at least 2 years of experience in construction blasting and because of that experience is familiar with the practical aspects of construction blasting.

(2) A training program may not be approved by the department unless the program offers comprehensive instruction in types of explosives, methods and purposes of their use, and safety and storage. The department shall by rule adopt a list of approved training programs.
Mont. Code Ann. § 37-8-301 — MT Code / Title 37 / Chapter 8 / Part 3 / Section 37-8-301
37-8-301 Nursing education programs -- application for approval
Status: in_force

37-8-301 . Nursing education programs -- application for approval. An institution desiring to conduct a nursing education program in the state shall apply to the department and submit evidence that it is prepared to carry out an educational program that complies with the provisions of this chapter and the rules adopted by the board pursuant to this section. The board shall adopt rules relating to the conduct of nursing education programs that are directed toward insuring qualifications to practice as a professional nurse or a practical nurse in those areas of service specified in 37-8-102 .
Mont. Code Ann. § 37-27-104 — MT Code / Title 37 / Chapter 27 / Part 1 / Section 37-27-104
37-27-104 Exemptions
Status: in_force

37-27-104 . Exemptions. This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed emergency care provider. The practice of direct-entry midwifery does not constitute the practice of medicine, certified nurse-midwifery, or emergency medical care to the extent that a direct-entry midwife advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period when the pregnancy is not a high-risk pregnancy.
Mont. Code Ann. § 37-7-605 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-605
37-7-605 Out-of-state licensing requirements
Status: in_force

37-7-605 . Out-of-state licensing requirements. (1) An out-of-state wholesale distributor, third-party logistics provider, manufacturer, or repackager may not conduct business in this state without first obtaining a license from the board and paying the license fee established by the board.

(2) Application for a license under this section must be made on an approved form.

(3) The issuance of a license may not affect tax liability imposed by the department of revenue on any out-of-state licensee.

(4) A person acting as principal or agent for an out-of-state licensee may not sell or distribute prescription drugs in this state unless the wholesale distributor, third-party logistics provider, manufacturer, or repackager has obtained a license.
Mont. Code Ann. § 37-7-611 — MT Code / Title 37 / Chapter 7 / Part 6 / Section 37-7-611
37-7-611 Criminal background check for wholesale distributors and third-party logistics providers
Status: in_force

37-7-611 . Criminal background check for wholesale distributors and third-party logistics providers. (1) Each applicant for licensure as a wholesale distributor or a third-party logistics provider 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. § 37-3-102 — MT Code / Title 37 / Chapter 3 / Part 1 / Section 37-3-102
37-3-102 Definitions
Status: in_force

37-3-102 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "ACGME" means the accreditation council for graduate medical education.

(2) "AOA" means the American osteopathic association.

(3) "Approved medical school" means a school that either is accredited by the AOA or conforms to the education standards established by the LCME or the world health organization or successors for medical schools that meet standards established by the board by rule.

(4) "Approved residency" means a residency training program conforming to the standards for residency training established by the ACGME or successors or approved for residency training by the AOA.

(5) "Board" means the Montana state board of medical examiners provided for in 2-15-1731 .

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

(7) "LCME" means the liaison committee on medical education.

(8) "Medical assistant" means an unlicensed allied health care worker who functions under the supervision of a physician, physician assistant, or podiatrist in a physician's or podiatrist's office and who performs administrative and clinical tasks.

(9) "Physician" means a person who holds a degree as a doctor of medicine or doctor of osteopathic medicine and who has a valid license to practice medicine in this state.

(10) (a) "PGY" means the postgraduate year as defined by an approved residency.

(b) "PGY-1" means the first curriculum year of an approved residency, during which the individual in the approved residency is currently enrolled.

(11) "Practice of medicine" means the diagnosis, treatment, or correction of or the attempt to or the holding of oneself out as being able to diagnose, treat, or correct human conditions, ailments, diseases, injuries, or infirmities, whether physical or mental, by any means, methods, devices, or instrumentalities, including electronic and technological means such as telemedicine. If a person who does not possess a license to practice medicine in this state under this chapter and who is not exempt from the licensing requirements of this chapter performs acts constituting the practice of medicine, the person is practicing medicine in violation of this chapter.

(12) "Resident" means a person who:

(a) holds a degree as a doctor of medicine or doctor of osteopathic medicine from an approved medical school;

(b) is enrolled in an approved residency; and

(c) has a valid resident license to practice medicine as a resident in this state.

(13) "Store-and-forward technology" means electronic information, imaging, and communication that is transferred, recorded, or otherwise stored in order to be reviewed at a later date by a health care provider or health care facility at a distant site without the patient present in real time. The term includes interactive audio, video, and data communication.

(14) (a) "Telemedicine" means the practice of medicine using interactive electronic communications, information technology, audio-only conversations, or other means between a licensee in one location and a patient in another location with or without an intervening health care provider. Telemedicine includes the application of secure videoconferencing or store-and-forward technology.

(b) The term does not mean an e-mail or instant messaging conversation or a message sent by facsimile transmission.

(c) For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509 , the term does not include audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.
Mont. Code Ann. § 37-34-101 — MT Code / Title 37 / Chapter 34 / Part 1 / Section 37-34-101
37-34-101 Short title
Status: in_force

37-34-101 . Short title. This chapter may be cited as the "Clinical Laboratory Science Practice Act".
Mont. Code Ann. § 37-33-502 — MT Code / Title 37 / Chapter 33 / Part 5 / Section 37-33-502
37-33-502 Qualifications for licensure
Status: in_force

37-33-502 . Qualifications for licensure. (1) To be eligible for licensure as a massage therapist as provided in 37-33-501 , an applicant:

(a) shall submit an application on a form provided by the department;

(b) shall include with the application the application fee set by the board;

(c) must possess a high school diploma or its equivalent;

(d) must be at least 18 years of age; and

(e) must be of good moral character.

(2) The applicant, in addition to the requirements established in subsection (1), is required to:

(a) successfully complete a massage therapy program of a minimum of 500 hours of study that meets or exceeds the curriculum guidelines established by any program or organization accredited by the national commission for certifying agencies or its equivalent or successor and receive a passing score on an examination prescribed by the board; or

(b) possess an equivalent current license, certification, or registration in good standing from another state.
Mont. Code Ann. § 37-50-335 — MT Code / Title 37 / Chapter 50 / Part 3 / Section 37-50-335
37-50-335 Registration of firms -- exemptions
Status: in_force

37-50-335 . Registration of firms -- exemptions. (1) All firms that establish or maintain offices in this state for the practice of public accounting shall register annually with the department.

(2) A fee may be charged for the annual registration of firms.

(3) Each firm that establishes or maintains satellite offices in this state for the practice of public accounting shall provide a list of the location of each satellite office in this state at the time of annual registration.

(4) A firm that does not have an office in this state may use the title "CPA" or "CPA firm" in this state without registering and may:

(a) offer or render attest services and compilations in this state if the firm:

(i) complies with the state's peer review and firm ownership qualifications;

(ii) performs the services through an individual with practice privileges under 37-50-325 ; and

(iii) has practice privileges that include offering or rendering attest and compilation services in the state where the firm has its principal place of business;

(b) perform professional services other than attest services or compilations in this state if the firm:

(i) performs the services through a person with practice privileges under 37-50-325 ; and

(ii) has practice privileges to perform the services in the state where the firm has its principal place of business.
Mont. Code Ann. § 37-42-301 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-301
37-42-301 Department to certify operators
Status: in_force

37-42-301 . Department to certify operators. (1) The department shall certify persons as to their qualifications to supervise successfully the operation of such water and wastewater treatment plants and water distribution systems.

(2) In granting the certificates, the department shall give due regard to the interest of this state in protecting the drinking water supplies and the quality of its water.
Mont. Code Ann. § 37-61-102 — MT Code / Title 37 / Chapter 61 / Part 1 / Section 37-61-102
37-61-102 Attorneys' examining board -- appointment, quorum, and powers
Status: in_force

37-61-102 . Attorneys' examining board -- appointment, quorum, and powers. (1) The chief justice of the Montana supreme court shall appoint members of the bar of this state, in good standing, as an examining board to conduct and assist in conducting the examination of applicants for admission to the bar. The board may not exceed seven members. The chief justice may release, dismiss, or remove any member of the board and appoint other members at any time.

(2) A majority of the board is a quorum and may conduct examinations.

(3) The board shall perform the duties and render assistance in the examinations of applicants as prescribed by the chief justice and is governed and controlled by the rules that the chief justice may prescribe.
Mont. Code Ann. § 37-47-341 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-341
37-47-341 Grounds for denial, suspension, or revocation of license
Status: in_force

37-47-341 . Grounds for denial, suspension, or revocation of license. A license or right to apply for and hold a license issued under this part may be denied, suspended, or revoked or other disciplinary conditions may be applied upon any of the following grounds:

(1) having ceased to meet all of the qualifications for holding a license, as required under this chapter and rules adopted pursuant to this chapter;

(2) fraud or deception in procuring a license;

(3) fraudulent, untruthful, or misleading advertising;

(4) having pleaded guilty to or been adjudged by a court guilty of a felony, including a case in which the sentence is suspended or imposition of the sentence is deferred, unless civil rights have been restored pursuant to law;

(5) one conviction or bond forfeiture for a violation of the fish and game or outfitting laws or regulations of any state, the United States, or other jurisdictions;

(6) a substantial breach of a contract with a participant provided that the breach is established as a matter of final judgment in a court of law;

(7) the willful employment of or contracting with an unlicensed guide by an outfitter;

(8) subject to 27-1-753 , negligence or misconduct while acting as an outfitter or guide that causes an accident or injury to the person or property of a participant;

(9) misconduct as defined by board rule; or

(10) any violation of this chapter or a rule adopted pursuant to this chapter.
Mont. Code Ann. § 37-72-201 — MT Code / Title 37 / Chapter 72 / Part 2 / Section 37-72-201
37-72-201 Rules for use of explosives -- variances
Status: in_force

37-72-201 . Rules for use of explosives -- variances. (1) The department shall adopt rules governing the use of explosives in construction blasting. The rules must include provisions to:

(a) regulate the method of withdrawal of explosives from the construction magazine in which they are kept;

(b) prevent the accidental detonation of explosives;

(c) prevent injury from blasting to persons and property near blast sites;

(d) provide for notification of blasting to the owners or operators of gas and electric utilities; and

(e) regulate the drilling of holes for explosives and the loading and firing of explosives.

(2) The department shall adopt rules providing for variances from the rules required by subsection (1). Variances may be granted by the department on a case-by-case basis for the purpose of individual construction blasting operations only if it is shown by the affidavit of a construction blaster licensed under this chapter that:

(a) compliance with the rule for which a variance is sought would be impracticable; and

(b) the proposed variance from department rules will not constitute a danger to property or public safety.
Mont. Code Ann. § 37-3-806 — MT Code / Title 37 / Chapter 3 / Part 8 / Section 37-3-806
37-3-806 Limitation on liability
Status: in_force

37-3-806 . Limitation on liability. A physician who renders health care within the scope of the physician's license to a patient under this part is not liable to a patient or other person for civil damages resulting from the rendering of the care unless the damages were the result of gross negligence or willful or wanton acts or omissions by the physician. Each patient must be given notice that under state law the physician may not be held legally liable for ordinary negligence for services provided under the health corps program.
Mont. Code Ann. § 37-9-305 — MT Code / Title 37 / Chapter 9 / Part 3 / Section 37-9-305
37-9-305 License -- grounds for discipline
Status: in_force

37-9-305 . License -- grounds for discipline. A license must be granted if the applicant meets the qualifications pursuant to 37-9-301 and, if the applicant holds another professional, temporary, or restricted license, there is no finding of unprofessional conduct. If an applicant for a license is denied, the applicant is entitled to notice and a hearing as provided in Title 2, chapter 4, part 6.
Mont. Code Ann. § 37-13-102 — MT Code / Title 37 / Chapter 13 / Part 1 / Section 37-13-102
37-13-102 Legislative finding and purpose
Status: in_force

37-13-102 . Legislative finding and purpose. The legislature finds and declares that the practice of acupuncture 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 acupuncture and from unprofessional conduct by persons licensed to practice acupuncture.
Mont. Code Ann. § 37-47-405 — MT Code / Title 37 / Chapter 47 / Part 4 / Section 37-47-405
37-47-405 Duties of outfitter's assistants
Status: in_force

37-47-405 . Duties of outfitter's assistants. An outfitter's assistant shall:

(1) act as would a reasonably prudent member of the profession while engaging in providing the services authorized to be performed while employed or retained by a licensed outfitter; and

(2) comply with all standards adopted by board rule.
Mont. Code Ann. § 37-1-310 — MT Code / Title 37 / Chapter 1 / Part 3 / Section 37-1-310
37-1-310 Hearing -- adjudicative procedures
Status: in_force

37-1-310 . Hearing -- adjudicative procedures. The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies; the Montana Rules of Civil Procedure; and the Montana Rules of Evidence govern a hearing under this part. A board has all the powers and duties granted by Title 2, chapter 4.
Mont. Code Ann. § 37-4-502 — MT Code / Title 37 / Chapter 4 / Part 5 / Section 37-4-502
37-4-502 Restrictions on advertising and solicitation
Status: in_force

37-4-502 . Restrictions on advertising and solicitation. No person, firm, or corporation engaged in the business of constructing, altering, or repairing bridges, crowns, dentures, other prosthetic appliances, surgical appliances, or orthodontic appliances may advertise the services, technique, or materials to the general public by means of advertisements in public newspapers, magazines, or by radio, television, display advertisements, or by any other means except advertisements in professional or trade papers, trade journals, trade directories, trade periodicals, trade magazines, and listings in business and telephone directories limited to name, address, and telephone number, which may not occupy more than the number of lines necessary to disclose the information; nor may a person, firm, or corporation so engaged in any way directly solicit the patronage of the general public.
Mont. Code Ann. § 37-10-102 — MT Code / Title 37 / Chapter 10 / Part 1 / Section 37-10-102
37-10-102 Exemptions
Status: in_force

37-10-102 . Exemptions. Nothing in this chapter shall be construed to apply to:

(1) physicians and surgeons authorized to practice under the laws of the state of Montana;

(2) a person employed in the office of and acting under the direct personal supervision of a physician or surgeon;

(3) an optician performing the required mechanical work under an order or prescription signed by a duly licensed physician, surgeon, or optometrist;

(4) commissioned officers of the armed forces of the United States performing functions of this chapter in the line of their regular duty; or

(5) persons who sell spectacles or eyeglasses without attempting to traffic upon assumed skill in adapting them to the eye.
Mont. Code Ann. § 37-7-1515 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1515
37-7-1515 Mandatory use of prescription drug registry
Status: in_force

37-7-1515 . Mandatory use of prescription drug registry. A prescriber or an agent of the prescriber shall review a patient's records under the prescription drug registry before the prescriber issues a prescription for an opioid or a benzodiazepine for the patient, unless:

(1) the patient is receiving hospice care;

(2) the prescription is for a number of doses that is intended to last the patient 7 days or less and cannot be refilled;

(3) the prescription drug is lawfully administered to the patient in a health care facility;

(4) due to an emergency, it is not possible to review the patient's records under the registry before the prescriber issues a prescription for the patient;

(5) the patient is being treated for chronic pain and the prescriber reviews the patient's records under the prescription drug registry every 3 months; or

(6) it is not possible to review the patient's records under the registry because the registry is not operational or because of other technological failure if the failure is reported to the board.
Mont. Code Ann. § 37-69-306 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-306
37-69-306 Examination -- issuance of license
Status: in_force

37-69-306 . Examination -- issuance of license. (1) An applicant for a license to work in the field of plumbing must be examined as to the applicant's qualifications by the department, subject to 37-1-101 (4). The department shall examine each applicant for a license to determine the applicant's skill and qualifications as a master plumber or journeyman plumber.

(2) The applicant must, on successfully passing an examination prescribed by the board, be issued a license authorizing the applicant to engage in the field of plumbing as a master plumber or journeyman plumber in the state of Montana.

(3) In the case of a firm or corporation, the examination and issuance of a license to an individual of the firm or to a principal of the firm or corporation satisfies the requirements of this chapter as to master plumbers but not as to journeyman plumbers. An individual, firm, or corporation may not do the work of a master plumber unless licensed under this chapter.
Mont. Code Ann. § 37-69-402 — MT Code / Title 37 / Chapter 69 / Part 4 / Section 37-69-402
37-69-402 Requirements for installation of medical gas piping
Status: in_force

37-69-402 . Requirements for installation of medical gas piping. (1) A person may not install pipe used solely to transport gases used for medical purposes unless the person holds a valid medical gas piping installation endorsement pursuant to 37-69-401 .

(2) A violation of this section is punishable pursuant to 37-1-109 .
Mont. Code Ann. § 37-1-107 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-107
37-1-107 Joint meetings -- department duties
Status: in_force

37-1-107 . Joint meetings -- department duties. (1) The department shall convene a joint meeting once every 2 years of two or more boards that:

(a) have licensees with dual licensure in related professions or occupations;

(b) have licensees licensed by another board in a related profession or with similar scopes of practice, including but not limited to:

(i) health care boards;

(ii) mental health care boards;

(iii) design boards;

(iv) therapeutic boards; or

(v) technical boards; or

(c) have issues of joint concern or related jurisdiction with each other.

(2) A quorum is not required for the joint meeting. However, one member from each board shall attend.
Mont. Code Ann. § 37-39-302 — MT Code / Title 37 / Chapter 39 / Part 3 / Section 37-39-302
37-39-302 Immunity from disciplinary action -- exceptions
Status: in_force

37-39-302 . Immunity from disciplinary action -- exceptions. (1) Except as provided in subsection (2), immunity from the disciplinary authority of the board for violations of 37-1-316 is granted to a licensee when any allegation of misconduct is based on testimony or opinions offered by the licensee with respect to judicial proceedings governed by Title 40, 41, or 42.

(2) This section does not apply to addiction counselors or behavioral health peer support specialists.
Mont. Code Ann. § 37-49-101 — MT Code / Title 37 / Chapter 49 / Part 1 / Section 37-49-101
37-49-101 Purpose
Status: in_force

37-49-101 . Purpose. The legislature finds that the profession of genetic counseling profoundly affects the lives of people of this state. It is the purpose of this chapter to provide for the public health, safety, and welfare by ensuring the ethical, qualified, and professional practice of genetic counseling. This chapter and the rules promulgated under 37-49-104 set standards of qualification, education, training, and experience and establish professional ethics for those who seek to engage in the practice of genetic counseling as licensed genetic counselors.
Mont. Code Ann. § 37-25-311 — MT Code / Title 37 / Chapter 25 / Part 3 / Section 37-25-311
37-25-311 Criminal background check
Status: in_force

37-25-311 . Criminal background check. (1) Each applicant for licensure shall submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check.

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

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

(4) The Montana department of justice may share the fingerprint data obtained under this section with the federal bureau of investigation.
Mont. Code Ann. § 37-69-401 — MT Code / Title 37 / Chapter 69 / Part 4 / Section 37-69-401
37-69-401 Medical gas piping installation endorsement
Status: in_force

37-69-401 . Medical gas piping installation endorsement. (1) A medical gas piping installation endorsement entitles the holder to install pipe used solely for transporting gases used for medical purposes.

(2) To be eligible for endorsement under this section, a person must meet all requirements for endorsements established by the board by rule.

(3) A person with a valid medical gas piping installation endorsement from another state may install medical gas piping in this state.

(4) The board shall by rule establish the requirements for obtaining a medical gas piping installation endorsement.
Mont. Code Ann. § 37-31-204 — MT Code / Title 37 / Chapter 31 / Part 2 / Section 37-31-204
37-31-204 Sanitary rules
Status: in_force

37-31-204 . Sanitary rules. The board, subject to the approval of the department of public health and human services, shall prescribe sanitary rules that it considers necessary, with particular reference to the precautions necessary to be employed to prevent the creation and spread of infectious and contagious diseases.
Mont. Code Ann. § 37-7-502 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-502
37-7-502 Definitions
Status: in_force

37-7-502 . Definitions. As used in this part, the following definitions apply:

(1) "Bioavailability" means the extent and rate of absorption from a dosage form as reflected by the time-concentration curve of the administered drug in the systemic circulation.

(2) "Bioequivalent" means a chemical equivalent that, when administered to the same individual in the same dosage regimen, will result in comparable bioavailability.

(3) "Biological product" has the meaning provided in 42 U.S.C. 262.

(4) "Brand name" means the proprietary or the registered trademark name given to a drug product by its manufacturer, labeler, or distributor and placed upon the drug, its container, label, or wrapping at the time of packaging.

(5) "Chemical equivalent" means drug products that contain the same amounts of the same therapeutically active ingredients in the same dosage forms and that meet present compendium standards.

(6) "Drug product" means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process.

(7) "Generic name" means the chemical or established name of a drug product or drug ingredient published in the latest edition of an official compendium recognized by the board.

(8) "Interchangeable biological product" means a biological product that the federal food and drug administration has:

(a) licensed; and

(b) (i) determined meets the standards for interchangeability pursuant to 42 U.S.C. 262(k)(4); or

(ii) determined is therapeutically equivalent as set forth in the latest edition of or supplement to the federal food and drug administration's approved drug products with therapeutic equivalence evaluations.

(9) "Person" has the meaning provided in 37-7-101 .

(10) "Prescriber" means a medical practitioner, as defined in 37-2-101 , licensed under the professional laws of the state to purchase, administer, and prescribe medicine and drugs. For the purposes of this chapter, the term includes a naturopathic physician and a physician assistant.

(11) "Present compendium standard" means the official standard for drug excipients and drug products listed in the latest revision of an official compendium recognized by the board.

(12) "Product selection" means to dispense without the prescriber's express authorization a different drug product in place of the drug product prescribed.

(13) "Therapeutically equivalent" means those chemical equivalents that, when administered in the same dosage regimen, will provide essentially the same therapeutic effect as measured by the control of a symptom or a disease and/or toxicity.
Mont. Code Ann. § 37-19-807 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-807
37-19-807 Powers and duties of board -- rulemaking
Status: in_force

37-19-807 . Powers and duties of board -- rulemaking. (1) In administering this part, the board may conduct reasonable periodic, special, or other examinations of a cemetery or cemetery company, mortuary, branch establishment, or crematory.

(2) The examination may include but is not limited to:

(a) an inspection of the physical condition or appearance of the cemetery;

(b) an audit of the financial condition of the cemetery company, mortuary, branch establishment, or crematory and any trust funds maintained by those entities; and

(c) any other examinations the board considers necessary or appropriate in the public interest, including inspections in response to public complaints.

(3) The examinations must be made by members or representatives of the board and may include a certified or registered public accountant or any other person designated by the board. The cost of the examination may be charged to the cemetery company, mortuary, branch establishment, or crematory.

(4) The board may issue or amend permits to operate a cemetery in accordance with the provisions of this part.

(5) The board may require a cemetery company, a mortuary, a branch establishment, or a crematory to observe minimum accounting principles and practices and to keep books and records in accordance with the principles and practices for a period that the board may by rule prescribe.

(6) The board may require a cemetery company to provide additional contributions to the perpetual care and maintenance fund of the cemetery as provided in this part, including but not limited to contributions not to exceed $1,000 whenever a cemetery company fails to properly care for, maintain, or preserve a cemetery.

(7) The board may adopt rules to enforce the provisions of this part.
Mont. Code Ann. § 37-2-501 — MT Code / Title 37 / Chapter 2 / Part 5 / Section 37-2-501
37-2-501 Short title
Status: in_force

37-2-501 . Short title. This part may be cited as the "Medical Practice Protection Act".
Mont. Code Ann. § 37-17-401 — MT Code / Title 37 / Chapter 17 / Part 4 / Section 37-17-401
37-17-401 Purpose
Status: in_force

37-17-401 . Purpose. The legislature finds and declares that the practice of applied behavior analysis in Montana affects public health, safety, and welfare, particularly of some of the state's most vulnerable citizens, including individuals with disabilities. Therefore, licensure and regulation of applied behavior analysts is in the public interest to protect the public from unauthorized, unethical, unprofessional, or harmful conduct by individuals, other than those otherwise licensed or those exempt under 37-17-404 .
Mont. Code Ann. § 37-16-411 — MT Code / Title 37 / Chapter 16 / Part 4 / Section 37-16-411
37-16-411 Revocation or suspension of license -- investigations -- fines
Status: in_force

37-16-411 . Revocation or suspension of license -- investigations -- fines. (1) The department may, at its discretion or upon written complaint of an aggrieved person, investigate an alleged violation of this chapter by a licensee or applicant for licensure. If the investigation discloses a probable violation of this chapter or department rules, the department may institute a proceeding pursuant to the provisions of 37-1-403 .

(2) A licensee or license applicant may be sanctioned as provided in 37-1-406 for unprofessional conduct defined in 37-1-410 or department administrative rules.
Mont. Code Ann. § 37-51-401 — MT Code / Title 37 / Chapter 51 / Part 4 / Section 37-51-401
37-51-401 Action for compensation limited to licensed broker or salesperson
Status: in_force

37-51-401 . Action for compensation limited to licensed broker or salesperson. Any person engaged in the business of or acting in the capacity of a real estate broker or real estate salesperson within this state shall not be permitted to bring or maintain any action in the courts for the collection of compensation for the sale or lease or otherwise disposing of real estate without first alleging and proving that such person was a duly licensed real estate broker or real estate salesperson or authorized to act as a broker under the provisions of this chapter at the time the alleged cause of action or claim arose.
Mont. Code Ann. § 37-65-101 — MT Code / Title 37 / Chapter 65 / Part 1 / Section 37-65-101
37-65-101 Purpose
Status: in_force

37-65-101 . Purpose. It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of architecture is a privilege granted by legislative authority and is not a natural right of individuals and that it is necessary, as a matter of such policy and in the interests of the health, safety, and welfare of the people of Montana, to provide laws covering the granting of that privilege and its subsequent use, control, and regulation for the purpose of protecting the public from the unprofessional, improper, unauthorized, and unqualified practice of architecture.
Mont. Code Ann. § 37-67-317 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-317
37-67-317 Deposit of moneys collected
Status: in_force

37-67-317 . Deposit of moneys collected. The department shall collect all moneys under this chapter and shall deposit these moneys in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-77-104 — MT Code / Title 37 / Chapter 77 / Part 1 / Section 37-77-104
37-77-104 Rulemaking
Status: in_force

37-77-104 . (Temporary -- effective January 1, 2026) Rulemaking. The department shall adopt rules necessary to carry out the provisions of this chapter. (Terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 37-68-312 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-312
37-68-312 Electrical contractor's license -- application -- fees
Status: in_force

37-68-312 . Electrical contractor's license -- application -- fees. Each electrical contractor shall, on or before the date set by department rule, file with the department an application together with the appropriate fees for each firm operated by the electrical contractor in this state.
Mont. Code Ann. § 37-14-302 — MT Code / Title 37 / Chapter 14 / Part 3 / Section 37-14-302
37-14-302 Qualifications
Status: in_force

37-14-302 . Qualifications. (1) Each applicant for licensure as a radiologic technologist shall have satisfactorily completed a 24-month course of study in radiologic technology approved by the board.

(2) Each applicant for licensure as a radiologic technologist shall:

(a) be of good moral character;

(b) be at least 18 years of age; and

(c) not be addicted to intemperate use of alcohol or narcotic drugs.
Mont. Code Ann. § 37-24-106 — MT Code / Title 37 / Chapter 24 / Part 1 / Section 37-24-106
37-24-106 Use of sound and electrical physical agent modalities
Status: in_force

37-24-106 . Use of sound and electrical physical agent modalities. (1) Except as provided in subsection (2), a person may not utilize occupational therapy techniques involving sound or electrical physical agent modality devices unless the person:

(a) is licensed under this chapter; and

(b) limits application of sound and electrical physical agent modalities to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.

(2) A certified occupational therapy assistant who works under the direct supervision of a qualified occupational therapist may apply deep physical agent modalities to the shoulder, arm, elbow, forearm, wrist, and hand.
Mont. Code Ann. § 37-7-321 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-321
37-7-321 Certified pharmacy license -- display
Status: in_force

37-7-321 . Certified pharmacy license -- display. The board shall provide for the original certification and renewal by the board of every pharmacy doing business in this state. On presentation of evidence satisfactory to the board, on application on a prescribed form, and on the payment of an original certification fee prescribed by the board, the board shall issue a license to a pharmacy as a certified pharmacy. However, the license may be granted only to pharmacies operated by registered pharmacists qualified under this chapter. The license must be displayed in a conspicuous place in the pharmacy for which it is issued. A person may not operate a pharmacy, use the word "pharmacy" to identify the business, or use the word "pharmacy" in advertising unless a license has been issued and is in effect.
Mont. Code Ann. § 37-19-307 — MT Code / Title 37 / Chapter 19 / Part 3 / Section 37-19-307
37-19-307 Deposit of money received
Status: in_force

37-19-307 . Deposit of money received. Money collected by the department under this chapter shall be deposited for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-15-307 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-307
37-15-307 Application and license fee
Status: in_force

37-15-307 . Application and license fee. The board shall determine the amount of fees, which may be adjusted annually by rule, that are necessary to meet costs and projected expenditures for:

(1) a renewed license as a speech-language pathologist, an audiologist, a speech-language pathology assistant, or an audiology assistant;

(2) a limited license for a person engaged in supervised professional experience; and

(3) an initial application for a license.
Mont. Code Ann. § 37-18-204 — MT Code / Title 37 / Chapter 18 / Part 2 / Section 37-18-204
37-18-204 Rehabilitation
Status: in_force

37-18-204 . Rehabilitation. (1) The board shall establish a medical assistance program to assist licensees who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness. The program must provide for assistance to licensees in seeking treatment for mental illness or substance abuse and monitor their efforts toward rehabilitation.

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

(3) For the purposes of funding this medical assistance program, the board shall adjust the renewal fee to be commensurate with the cost of the program.
Mont. Code Ann. § 37-50-205 — MT Code / Title 37 / Chapter 50 / Part 2 / Section 37-50-205
37-50-205 Duties of department
Status: in_force

37-50-205 . Duties of department. The department shall:

(1) assist the board in transactions of its business and keep a record of the board's official action;

(2) assess to the board the reasonable costs of the department incurred in assisting the board; and

(3) track the balance of funds in the enterprise fund, provided for in 37-50-209 , and inform the board.
Mont. Code Ann. § 37-43-202 — MT Code / Title 37 / Chapter 43 / Part 2 / Section 37-43-202
37-43-202 Powers and duties
Status: in_force

37-43-202 . Powers and duties. (1) The board may exercise the authority granted to it by this chapter.

(2) The board shall adopt rules and orders to effectuate this chapter.

(3) The board shall adopt rules to establish mandatory water well construction standards and enforcement procedures. The standards must address the protection of the drilling site; specifications for casing materials; materials and specifications for well screens; casing perforations; well development procedures; proper sealing and grouting; temporary capping; cleaning and disinfecting; bonds; guaranties; contractors' and drillers' qualifications; tests for yield and drawdown; reporting procedures and requirements for water quality, well logs, location of wells, and information relating to local conditions; well filters; access ports; gravel packing; sampling methods; plumbness and alignment of the hole and casing; well abandonment procedures; and other necessary and appropriate standards.

(4) The board shall adopt minimum standards regarding the construction, use, and abandonment of monitoring wells. The standards must be designed to protect the state's ground water resource from degradation by contamination and loss of hydrostatic pressure. A violation of the standards does not occur if it can be shown that noncompliance results in equal or greater protection of the ground water resource.

(5) The board may request the department to inspect water wells or monitoring wells drilled or being drilled, and the department has access to these wells at reasonable times.

(6) The board may establish a program for training apprentices and licensed or prospective water well contractors, water well drillers, and monitoring well constructors to more effectively carry out this chapter.

(7) The board shall set and enforce standards and rules governing the licensing, registration, and conduct of water well drillers, water well contractors, and monitoring well constructors.

(8) The board shall set fees commensurate with costs. The board may establish fees, including but not limited to fees for application, examination, renewal, reciprocity, late renewal, and continuing education. Board costs not related to specific programs may be equitably distributed as determined by the board. The board shall maintain records sufficient to support the fees charged for each program area.

(9) The rules of the board must be compiled in printed form for distribution to interested persons, for which the department may charge a fee. Sums realized from these sales must be deposited in the state special revenue fund for the use of the board.

(10) The board shall:

(a) authorize the department to issue licenses to qualified water well contractors, water well drillers, and monitoring well constructors in this state;

(b) cause examinations to be made of applicants for licenses;

(c) take disciplinary action and issue orders pursuant to this chapter; and

(d) generally perform duties that will carry out this chapter.

(11) The board shall pay to the department its share of the assessed costs of the department in administering this chapter.
Mont. Code Ann. § 37-43-312 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-312
37-43-312 Penalty
Status: in_force

37-43-312 . Penalty. Any person who shall willfully violate any lawful rule or order of the board or who shall engage in the business of drilling, making, altering, or rehabilitating water wells or monitoring wells without first having obtained a license as in this chapter required or who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or imprisonment in a county jail for a term not exceeding 6 months, or both. Any violation of this chapter shall be prosecuted by the county attorney in the county in which the violation occurred or is occurring, and the trial thereof shall be held in that county.
Mont. Code Ann. § 37-2-603 — MT Code / Title 37 / Chapter 2 / Part 6 / Section 37-2-603
37-2-603 Pediatric complex care assistant -- qualifications -- scope of practice
Status: in_force

37-2-603 . (Temporary) Pediatric complex care assistant -- qualifications -- scope of practice. (1) An individual may not practice as a pediatric complex care assistant unless licensed under Title 37, chapter 1, and this chapter.

(2) An applicant for licensure must have:

(a) completed a training program approved by the department and received a valid certificate from the training program; and

(b) passed a hands-on examination approved by the department that demonstrates the applicant's competence.

(3) The training program approved by the department must include medication administration, airway clearance therapies, tracheostomy care, and enteral care and therapy for an individual under 21 years of age.

(4) A pediatric complex care assistant may provide services only to an individual under 21 years of age for whom the care assistant is a parent, guardian, other family member, or kinship care or foster care provider. The services must be:

(a) ordered by a physician and consistent with the individual's plan of care; and

(b) limited to:

(i) duties considered by the department to be equivalent to those of a certified nursing assistant;

(ii) medication administration;

(iii) tracheostomy care and enteral care and therapy;

(iv) airway clearance therapies; and

(v) other services as allowed by the department by rule. (Terminates June 30, 2031--sec. 10, Ch. 628, L. 2023.)
Mont. Code Ann. § 37-67-314 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-314
37-67-314 Issuance of licenses -- seal of professional engineer or professional land surveyor
Status: in_force

37-67-314 . Issuance of licenses -- seal of professional engineer or professional land surveyor. (1) The department shall issue to an applicant who, in the opinion of the board, has met the requirements of this chapter a license authorizing the applicant to engage in the practice of engineering or the practice of land surveying and to assume responsible charge of engineering or land surveying projects in this state. The license for a professional engineer must carry the designation "professional engineer" and for a professional land surveyor "professional land surveyor" and must include the full name and license number of the licensee.

(2) Each licensee may, upon licensure, obtain a seal of a design authorized by the board. The licensee shall sign, date, and seal professional or technical documents created in the practice of professional engineering or professional land surveying.

(3) A license is prima facie evidence that the named person is entitled to all rights, privileges, and responsibilities of a professional engineer or professional land surveyor while the license remains valid.

(4) It is unlawful for a licensee whose license has expired to sign or seal any professional or technical document or be in responsible charge of a professional engineering or professional land surveying project.
Mont. Code Ann. § 37-67-313 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-313
37-67-313 Licensure of professional land surveyors by comity
Status: in_force

37-67-313 . Licensure of professional land surveyors by comity. A person holding a license or certificate of registration to engage in the practice of land surveying in another state, territory, or possession of the United States, the District of Columbia, or any foreign country may be issued a license in this state if the person applies in the manner required by the board, meets the qualifications provided in 37-67-325 , and has passed the principles and practices of surveying examination and the Montana state-specific land surveyor examination. The experience requirements of 37-67-325 may be met with experience gained after initial licensure that indicates to the board that the applicant is competent to practice land surveying. An applicant whose initial licensure in another state does not meet the experience requirements of 37-67-325 must be required to demonstrate 2 years of postlicensure experience for each year of prelicensure deficiency.
Mont. Code Ann. § 37-43-302 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-302
37-43-302 License required
Status: in_force

37-43-302 . License required. (1) The drilling, making, or construction of water wells and monitoring wells is declared to be a business and activity affecting the public interest and requiring reasonable standards of competence. Except as provided in subsection (2), it is unlawful for any water well contractor, water well driller, or monitoring well constructor to construct, drill, alter, abandon, decommission, or rehabilitate a water well or a monitoring well without first having obtained a valid license for the activity as provided for in this chapter. An individual who is licensed as a water well contractor is not required to have a separate water well driller's license to perform the actual construction work on the well or a separate license to install monitoring wells.

(2) A license is not required for:

(a) a person who constructs, drills, alters, abandons, decommissions, or rehabilitates a water or monitoring well on land that is owned or leased by the person if:

(i) the land is used by the person for farming, ranching, or agricultural purposes or as the person's residence;

(ii) the person obtains a permit from the board; and

(iii) the construction of the well conforms to the minimum construction standards for water or monitoring wells set by board rule; or

(b) an apprentice water well driller who performs labor or services for a licensed water well contractor or driller in connection with the drilling of a water well at the direction and under the personal supervision of a licensed water well contractor or driller.

(3) (a) To obtain a permit under subsection (2)(a), a person shall file with the department an application containing the applicant's name and mailing address, the location of the proposed well, the nature of the applicant's ownership interest in the property on which the well is to be located, the construction or installation method to be used, and the use for the proposed well.

(b) The board shall promptly issue a permit if it finds that:

(i) the well is located on land that the applicant owns or leases and that the applicant uses for farming, ranching, or agricultural purposes or as the applicant's residence; and

(ii) the construction or installation method to be used meets the minimum standards for water wells or monitoring wells set by board rule.
Mont. Code Ann. § 37-29-303 — MT Code / Title 37 / Chapter 29 / Part 3 / Section 37-29-303
37-29-303 Application for license
Status: in_force

37-29-303 . Application for license. Upon application and payment of the appropriate fee, the board shall issue a license to practice denturitry to any applicant who meets the following criteria and scores a passing grade on the examination for licensure:

(1) documentation that the applicant has completed formal training of not less than 2 years at an educational institution accredited by a national or regional accrediting agency recognized by the Montana state board of regents, the curriculum of which includes courses in head and oral anatomy and physiology, oral pathology, microbiology, partial denture construction and design, clinical dental technology, radiology, dental laboratory technology, asepsis, clinical jurisprudence, and medical emergencies, including cardiopulmonary resuscitation; and

(2) documentation that the applicant:

(a) has completed 1 year of internship under the direct supervision of a licensed denturist; or

(b) has 3 years of experience as a denturist under licensure in another state or Canada.
Mont. Code Ann. § 37-65-302 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-302
37-65-302 Licensure limited to individuals
Status: in_force

37-65-302 . Licensure limited to individuals. No firm, company, partnership, association, corporation, or other similar organization shall be licensed as an architect. Only individuals shall be licensed as architects, but a number of architects constituting a firm may use the collective title "architects" or "licensed architects".
Mont. Code Ann. § 37-54-501 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-501
37-54-501 Appraisal management company registration
Status: in_force

37-54-501 . Appraisal management company registration. (1) (a) It is unlawful for a person to directly or indirectly engage in or attempt to engage in business as an appraisal management company or to advertise or hold itself out as engaging in or conducting business as an appraisal management company in this state without first obtaining a registration issued by the board.

(b) An applicant for registration as an appraisal management company in this state shall submit an application to the board on forms prescribed by the department.

(c) If a registration process is not in effect on October 1, 2011, an appraisal management company already conducting business in this state may continue to conduct business in accordance with this chapter until 120 days after a registration process becomes available. Upon expiration of the 120-day period, the appraisal management company must be registered as required by this chapter in order to continue to provide or offer to provide appraisal management services in this state.

(2) An application for the registration required by subsection (1) must include the following information:

(a) the name of the person seeking registration and the fictitious name or names, if any, under which the person does business in any state;

(b) the business address of the person seeking registration;

(c) the phone contact information of the person seeking registration;

(d) if the appraisal management company is not a corporation domiciled in this state, the name and contact information for the company's designated contact for service of process in this state;

(e) the name, address, and contact information for one controlling person within the appraisal management company;

(f) a certification that the person has a system and process in place to verify that an individual holds a license in good standing in this state pursuant to 37-54-202 if a license or certification is required to perform appraisal assignments;

(g) a certification that the person requires appraisers completing appraisal assignments at its request to comply with the uniform standards of professional appraisal practice, including the requirements for geographic and product competence;

(h) a certification that the person has a system in place to verify that only licensed or certified appraisers are used for federally related transactions;

(i) a certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under section 129E of the Truth in Lending Act of 1968, 15 U.S.C. 1601, et seq., including the requirement that the fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

(j) a certification that the person maintains a detailed record of each service request that it receives and the appraiser that performs the appraisal service for the appraisal management company;

(k) an irrevocable uniform consent to service of process; and

(l) any other information required by the board that is reasonably necessary to implement this chapter.

(3) An application for renewal of a registration must include information substantially similar to that required for the initial registration in subsection (2), as determined by the board.

(4) Renewals of registered appraisal management companies must be in accordance with 37-1-141 . The department shall provide notice to an appraisal management company prior to the renewal date.
Mont. Code Ann. § 37-7-1403 — MT Code / Title 37 / Chapter 7 / Part 14 / Section 37-7-1403
37-7-1403 Cancer drug repository program -- donations -- registry
Status: in_force

37-7-1403 . Cancer drug repository program -- donations -- registry. (1) The board shall establish a cancer drug repository program for accepting donated cancer drugs and devices and dispensing the drugs and devices to qualified patients. Participation in the program is voluntary.

(2) Any person or entity, including but not limited to a health care facility or the manufacturer of a cancer drug or device, may donate cancer drugs or devices to a participant pursuant to the provisions of 37-7-1403 through 37-7-1405 .

(3) The board shall establish and maintain a registry of participants in the cancer drug repository program. The participant registry must:

(a) include the participant's name, address, and telephone number; and

(b) identify whether the participant is a physician's office, pharmacy, hospital, or health clinic.

(4) The board shall make the participant registry available to a person or entity wishing to donate a cancer drug or device to the cancer drug repository program.
Mont. Code Ann. § 37-1-404 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-404
37-1-404 Hearing -- adjudicative procedures
Status: in_force

37-1-404 . Hearing -- adjudicative procedures. The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies, the Montana Rules of Civil Procedure, and the Montana Rules of Evidence govern a hearing under this part. The department has all the powers and duties granted by Title 2, chapter 4.
Mont. Code Ann. § 37-7-1504 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1504
37-7-1504 Prescription drug registry review
Status: in_force

37-7-1504 . Prescription drug registry review. The board may review the information in the registry for possible misuse and diversion of controlled substances prescribed and dispensed to a patient. The board may provide information about possible misuse or diversion to prescribers and dispensers as allowed by rule.
Mont. Code Ann. § 37-2-306 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-306
37-2-306 Performance of sensitive medical examinations -- informed consent required
Status: in_force

37-2-306 . Performance of sensitive medical examinations -- informed consent required. (1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:

(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;

(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or

(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.

(2) Violation of subsection (1) constitutes unprofessional conduct.
Mont. Code Ann. § 37-65-303 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-303
37-65-303 Application -- examination -- issuance of license
Status: in_force

37-65-303 . Application -- examination -- issuance of license. (1) A person wishing to practice architecture in this state shall apply to the department for a license. A person applying must have successfully completed the requirement of prerequisites in education and practical experience and an examination as prescribed by the board. The examination must be in substantial conformance with the standard national council of architectural registration boards examination and grading procedure, except as modified by board rules.

(2) After examination, the department shall, if the candidate has been found qualified, grant a license to the candidate to practice architecture in this state.
Mont. Code Ann. § 37-50-102 — MT Code / Title 37 / Chapter 50 / Part 1 / Section 37-50-102
37-50-102 Exemptions
Status: in_force

37-50-102 . Exemptions. This chapter does not prohibit any person who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant holding a license to practice under 37-50-302 or a firm composed of certified public accountants registered under this chapter. However, the employee or assistant may not issue any accounting or financial statement in the employee's or assistant's name.
Mont. Code Ann. § 37-6-104 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-104
37-6-104 Construction of chapter
Status: in_force

37-6-104 . Construction of chapter. Nothing in this chapter shall be construed as prohibiting the fitting, recommending, advertising, adjusting, or sale of corrective shoes, arch supports, or similar mechanical appliances, or foot remedies by retail dealers or manufacturers.
Mont. Code Ann. § 37-19-802 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-802
37-19-802 Purpose
Status: in_force

37-19-802 . Purpose. The legislature declares that it is the public policy of this state to regulate privately owned, for-profit cemeteries to protect public health and promote financial stability through perpetual care and maintenance trusts, including the protection of money held in trust for prearranged funeral or related services.
Mont. Code Ann. § 37-12-322 — MT Code / Title 37 / Chapter 12 / Part 3 / Section 37-12-322
37-12-322 Investigation of complaints
Status: in_force

37-12-322 . Investigation of complaints. (1) The department may make an investigation whenever it is brought to its attention that there is reason to suspect that a person licensed to practice chiropractic:

(a) has a mental or physical condition that renders the person unable to safely engage in the practice of chiropractic;

(b) has been declared incompetent or has been committed pursuant to 53-21-127 by a court of competent jurisdiction and has not later been declared competent or released from supervision;

(c) has procured the license through mistake;

(d) has been guilty of unprofessional conduct;

(e) has practiced chiropractic while the license was suspended or revoked;

(f) has while under probation violated its terms.

(2) The investigation must be for the purpose of determining the probability of the existence of these conditions or the commission of these offenses. The board may examine the medical records and reports of the licensee from the examination as part of the investigation, and copies of these must be released to the board on written request.
Mont. Code Ann. § 37-20-203 — MT Code / Title 37 / Chapter 20 / Part 2 / Section 37-20-203
37-20-203 Licensing of physician assistants -- collaborative agreements
Status: in_force

37-20-203 . Licensing of physician assistants -- collaborative agreements. (1) The board may issue either an active or inactive license to a physician assistant applying for a license or license renewal in Montana.

(2) A physician assistant with fewer than 8,000 hours of postgraduate clinical experience shall practice medicine with a collaborative agreement between the physician assistant and one or more collaborating providers, who may be:

(a) a licensed physician; or

(b) a licensed physician assistant with 8,000 or more hours of postgraduate clinical experience.

(3) "Collaborative agreement" as used in this section means the interaction and relationship that a physician assistant has with a collaborating provider as described in subsection (2), in which:

(a) the physician assistant and collaborating provider are cognizant of the physician assistant's qualifications and limitations in caring for patients:

(b) the physician assistant consults with the collaborating provider while remaining responsible for care provided by the physician assistant; and

(c) the collaborating provider gives direction and guidance to the physician assistant.

(4) A physician assistant with a collaborative agreement under subsection (2) shall:

(a) practice under written policies and procedures established at a practice level that:

(i) describe how collaboration will occur in accordance with subsection (2); and

(ii) describe methods for evaluating the physician assistant's competency, knowledge, and skills; and

(b) provide a copy of the written policies and procedures and documentation of compliance under this subsection (4) to the board upon the board's request.

(5) A licensed physician assistant actively practicing for 8,000 hours prior to October 1, 2023, is exempt from the collaborative agreement requirement.
Mont. Code Ann. § 37-13-302 — MT Code / Title 37 / Chapter 13 / Part 3 / Section 37-13-302
37-13-302 Application for licensure -- fee -- qualifications
Status: in_force

37-13-302 . Application for licensure -- fee -- qualifications. (1) Each person desiring to practice acupuncture in this state shall apply to the board for licensure. A fee prescribed by the board must accompany the application.

(2) An applicant shall furnish to the board evidence that the applicant is:

(a) at least 18 years of age;

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

(c) a graduate of a school of acupuncture that is approved by the national accreditation commission for schools and colleges of acupuncture and oriental medicine and offers a course of at least 1,000 hours of entry-level training in recognized branches of acupuncture or an equivalent curriculum approved by the board; and

(d) has passed an examination prepared and administered by the national commission for the certification of acupuncturists or its successor.
Mont. Code Ann. § 37-27-311 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-311
37-27-311 Informed consent
Status: in_force

37-27-311 . Informed consent. (1) Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman.

(2) Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the woman to whom care is to be given, in which the direct-entry midwife certifies that full disclosure has been made and acknowledged by the woman on the following:

(a) the direct-entry midwife's educational background;

(b) the nature and scope of the care to be given, including the possibility of and procedure for transport of the patient to a hospital;

(c) the available alternatives to direct-entry midwifery care;

(d) a description of the risks of home birth, primarily those conditions that may arise during delivery;

(e) the fact that the patient has been advised to consult with a physician at least twice during the pregnancy;

(f) whether the midwifery services provided are located more than 50 miles from the nearest hospital; and

(g) that a health care provider's liability in rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is limited to damages caused by gross negligence or by willful or wanton acts or omissions.
Mont. Code Ann. § 37-73-225 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-225
37-73-225 Proof of license
Status: in_force

37-73-225 . Proof of license. (1) An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, a person who is professionally responsible for a job site, or a licensed elevator mechanic or licensed elevator inspector has the right to ask a person doing work at a job site that requires an elevator mechanic's license to provide proof of licensure. If the person performing the work is unable to furnish proof of licensure, the requesting person may report that fact to the department.

(2) An employee of the department may issue a citation to and collect a fine, as provided in 37-73-226 , from a person at a job site where the person is performing elevator mechanic work if the person fails to display an elevator mechanic's license or proof of licensure at the request of the department inspector.
Mont. Code Ann. § 37-20-402 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-402
37-20-402 Criteria for licensing physician assistant -- criminal background checks
Status: in_force

37-20-402 . Criteria for licensing physician assistant -- criminal background checks. (1) A person may not be licensed as a physician assistant in this state unless the person:

(a) is of good moral character;

(b) is a graduate of a physician assistant training program accredited by the accreditation review commission on education for the physician assistant or, if accreditation was granted before 2001, accredited by the American medical association's committee on allied health education and accreditation or the commission on accreditation of allied health education programs; and

(c) has taken and passed an examination administered by the national commission on certification of physician assistants.

(2) (a) Each applicant for licensure as a physician assistant shall:

(i) 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; and

(ii) pay all fees charged for obtaining the state and federal criminal history background check.

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

(c) The Montana department of justice may share the fingerprint data obtained under this subsection (2) with the federal bureau of investigation.
Mont. Code Ann. § 37-1-121 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-121
37-1-121 Duties of commissioner -- definitions
Status: in_force

37-1-121 . Duties of commissioner -- definitions. (1) In addition to the powers and duties under 2-15-112 and 2-15-121 , the commissioner of labor and industry shall:

(a) at the request of a party, appoint an impartial hearings examiner to conduct hearings whenever any board or department program holds a contested case hearing. The hearings examiner shall conduct hearings in a proper and legal manner.

(b) establish the qualifications of and hire all personnel to perform the administrative, legal, and clerical functions of the department for the boards. Boards within the department do not have authority to establish the qualifications of, hire, or terminate personnel. The department shall consult with the boards regarding recommendations for qualifications for executive or executive director positions.

(c) approve all contracts and expenditures by boards within the department. A board within the department may not enter into a contract or expend funds without the approval of the commissioner.

(d) provide oversight and supervision of the duties and authority exercised by boards regulated under Title 37, other than chapters 42, 43, and 61, by exercising active supervision authority to approve or disapprove any board action identified by the department as restraining or potentially restraining competition in trade or commerce. Subject to the provisions of 37-1-122 (6), the commissioner shall determine if the board action is made or taken pursuant to a clearly articulated state policy and if the restraint or potential restraint of trade or commerce is reasonable and necessary to protect the public health, safety, or welfare. Any approval or disapproval under this subsection (1)(d) must be in writing, comply with the provisions in 37-1-122 , and set forth the particular reasons supporting the determination. A disapproval determination may include the commissioner's recommended modifications, if any, for the board's consideration. The commissioner may assign duties, as necessary, but may not assign final approval or disapproval.

(2) If the department disapproves or modifies any board action under subsection (1)(d), the department and not the board may be liable for claims resulting from the disapproval or modification.

(3) As used in this chapter, the following definitions apply:

(a) "Board action" means a policy, rule, or other action taken by a board subject to subsection (1)(d).

(b) "Commissioner" means the commissioner of labor and industry unless otherwise specified.
Mont. Code Ann. § 37-42-309 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-309
37-42-309 Deposit of fees
Status: in_force

37-42-309 . Deposit of fees. Filing and certification fees shall be deposited with the state treasurer in the department state special revenue fund and shall be used to pay the expenses of the council and department under this chapter. Moneys may be invested in accordance with procedures of investment of state moneys.
Mont. Code Ann. § 37-19-707 — MT Code / Title 37 / Chapter 19 / Part 7 / Section 37-19-707
37-19-707 Limitation of liability
Status: in_force

37-19-707 . Limitation of liability. (1) A person signing a cremation authorization form shall warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are to be cremated and the signer's authority to order cremation.

(2) A crematory, crematory operator, or crematory technician who properly cremates human remains, refuses to accept a body or perform a cremation, or refuses to release cremated remains due to an unresolved dispute is presumed to have acted properly and without negligence if the actions were performed in accordance with Title 37, chapter 19.
Mont. Code Ann. § 37-19-903 — MT Code / Title 37 / Chapter 19 / Part 9 / Section 37-19-903
37-19-903 Prepaid funeral arrangements -- disposition directions -- definition
Status: in_force

37-19-903 . Prepaid funeral arrangements -- disposition directions -- definition. (1) A person who is 18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary licensed under Title 37, chapter 19, part 4, or by providing disposition directions may direct the location, manner, and conditions of disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death.

(2) The funeral prearrangements that are prepaid and contracted for with a licensed mortuary or the disposition directions may not be canceled or substantially revised unless the cancellation or substantial revision has been ordered by a person appointed by the decedent in the prepaid funeral contract or the disposition directions as the person authorized to cancel or revise the terms of the prepaid funeral contract or the disposition directions.

(3) As used in this section, the term "disposition directions" means:

(a) a video provided in a replayable format of the person who is the subject of the disposition directions in which the person describes the wishes for disposition and that is accompanied by a written attestation of the video accuracy by two witnesses who are at least 18 years of age; or

(b) a legible written instrument signed by the person who is the subject of the disposition directions and by two people who are at least 18 years of age who have witnessed the signing by the person. The written instrument may be but is not limited to a letter of instructions, a will, a trust document, or advance directives. A written instrument that does not name a person with the right to control the decedent's disposition must follow the priority of rights of disposition provided in 37-19-904 .
Mont. Code Ann. § 37-68-103 — MT Code / Title 37 / Chapter 68 / Part 1 / Section 37-68-103
37-68-103 Exemptions
Status: in_force

37-68-103 . Exemptions. (1) This chapter does not apply to the installation, alteration, or repair of electrical signal or communications equipment owned or operated by a public utility or a city. For purposes of this exemption, "communications equipment" includes telephone wire inside a customer's premises. This chapter does not prohibit a public utility from doing inside wiring to install, alter, repair, or maintain electrical equipment, installations, or facilities in buildings owned by the public utility if the work is accomplished by an employee who is a licensed electrician. If the building owned by the public utility is open to the public and the inside wiring constitutes major renovation or construction, the installation, alteration, repair, or maintenance of electrical equipment, installations, or facilities is subject to the permits and inspections required by law.

(2) The licensing or inspection provisions of this chapter do not apply to regularly employed maintenance electricians doing maintenance work on the business premises of their employer or to line work on the business premises of the employer when ordinary and customary in-plant or onsite installations, modifications, additions, or repairs are performed.

(3) (a) Except as provided in subsection (3)(b), this chapter does not require an individual to hold a license to perform electrical work on the individual's own property or residence if the property or residence is maintained for the individual's own use.

(b) Subsection (3)(a) does not include an exemption for an individual who is performing electrical work on a grid-tied generator located at the individual's own property or residence.

(4) An individual, firm, partnership, or corporation may apply for licensure as an electrical contractor if all electrical work performed by the individual, firm, partnership, or corporation is under the direction, control, and supervision of a licensed master electrician or under the direction, control, and supervision of a licensed journeyman electrician for residential construction consisting of less than five living units in a single structure.

(5) A person who plugs in an electrical appliance where an approved electrical outlet is already installed may not be considered an installer.

(6) This chapter may not in any manner interfere with, hamper, preclude, or prohibit a vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance if the connection does not necessitate the installation of electrical wiring of the structure in which the appliance is to be connected.

(7) (a) The licensing and inspection provisions of this chapter do not apply to an apprentice, as that term is defined in 39-6-101 , who is working under the supervision of a licensed electrician.

(b) Subsection (7)(a) includes an exemption for a person serving in an approved journeyman apprenticeship program or a residential apprenticeship program during training if serving under the supervision of a licensed electrician.

(8) The licensing provisions of this chapter do not apply to a student who is enrolled in an electrician training program offered by an accredited college or university recognized by the board of regents if the student is undertaking class assignments in a classroom or a hands-on laboratory setting. This subsection does not authorize a student to engage in any electrical work that will be incorporated or used in an occupied structure.

(9) This chapter does not require an individual to hold a license to perform electrical work involving 90 volts or less of alternating current or direct current.
Mont. Code Ann. § 37-7-324 — MT Code / Title 37 / Chapter 7 / Part 3 / Section 37-7-324
37-7-324 Deposit of fees and fines
Status: in_force

37-7-324 . Deposit of fees and fines. Fines paid under this chapter, except those paid to a justice's court, and fees collected by the department for registration and licenses issued under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-54-508 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-508
37-54-508 Limitations
Status: in_force

37-54-508 . Limitations. (1) An appraisal management company registered in this state pursuant to this chapter may not enter into contracts or agreements with an individual for the performance of appraisals unless the company obtains verification that the individual is licensed or certified to perform appraisals pursuant to this chapter. Verification by reference to information published on the website of the appraisal subcommittee of the federal financial institutions examination council must be considered acceptable for purposes of compliance with this section.

(2) Unless prohibited by the policies of a client or an end user of an appraisal report, an appraisal management company may not prevent or otherwise restrict a licensed real estate appraisal trainee from performing work in accordance with the uniform standards of professional appraisal practice, pursuant to the requirements of the board, and under the supervision of a real estate appraiser mentor who is on the appraisal management company's appraisal panel.

(3) Unless prohibited by the policies of a client or an end user of an appraisal report or by other state or federal law, an appraisal management company may not prevent or otherwise restrict a licensed or certified real estate appraiser from transferring an appraisal assignment to another licensed or certified real estate appraiser who is on the appraisal management company's appraisal panel if:

(a) the transferee is an employee of the transferor; and

(b) the transferee can complete the appraisal assignment in accordance with the uniform standards of professional appraisal practice and pursuant to the requirements of the board.
Mont. Code Ann. § 37-18-301 — MT Code / Title 37 / Chapter 18 / Part 3 / Section 37-18-301
37-18-301 License required
Status: in_force

37-18-301 . License required. A person may not practice veterinary medicine or veterinary surgery in this state unless licensed and registered as required by this chapter, nor may a person practice veterinary medicine or surgery whose authority to practice is suspended or revoked by the board.
Mont. Code Ann. § 37-12-308 — MT Code / Title 37 / Chapter 12 / Part 3 / Section 37-12-308
37-12-308 Deposit of fees -- accounting
Status: in_force

37-12-308 . Deposit of fees -- accounting. (1) Fees collected by the department under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).

(2) The department shall keep an accurate account of funds received and vouchers issued by the department.
Mont. Code Ann. § 37-7-1512 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1512
37-7-1512 Rulemaking authority
Status: in_force

37-7-1512 . Rulemaking authority. The board shall adopt rules to carry out and enforce this part, including but not limited to rules that:

(1) specify the type of information to be reported on prescription drug orders involving controlled substances;

(2) establish the requirements for transmitting from a pharmacy to the board prescription drug order information involving controlled substances;

(3) define the electronic format for submission of information;

(4) define the circumstances under which a pharmacy may receive a waiver from the requirement to submit information electronically;

(5) specify the procedure through which a pharmacy may request an extension of the time limit for submitting information;

(6) establish how a person or entity authorized to receive information from the registry may submit a request for the information;

(7) specify the ways in which the board may use records involving requests for registry information to document and report on statistics involving the registry;

(8) set the fees to be charged for establishing and maintaining the registry; and

(9) establish confidentiality provisions to ensure that the privacy of patient information is maintained.
Mont. Code Ann. § 37-50-201 — MT Code / Title 37 / Chapter 50 / Part 2 / Section 37-50-201
37-50-201 General rulemaking power
Status: in_force

37-50-201 . General rulemaking power. The board may adopt rules for the conduct of its affairs and the administration of this chapter.