Mont. Code Ann. § 37-69-310 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-310
37-69-310 Citation and fine for failure to display license
Status: in_force

37-69-310 . Citation and fine for failure to display license. (1) A citation for failure to display a plumber's license or proof of licensure issued by an employee of the department must include:

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

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

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

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

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

(f) the amount of the applicable fine.

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

(a) $100 for the first offense, unless the provisions of subsection (4)(b) apply;

(b) $250 for the second offense; and

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

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

(4) (a) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the board within 5 business days of the date of issuance.

(b) The board may not impose a fine for a first offense on a licensee who produces proof of licensure to the department within 5 days of the citation. In other cases, the board may, upon finding that the person has demonstrated acceptable proof of licensure, waive or refund the fine.

(5) A person who violates this section is also subject to the provisions of 37-1-109 .
Mont. Code Ann. § 37-27-302 — MT Code / Title 37 / Chapter 27 / Part 3 / Section 37-27-302
37-27-302 Administration of prescription drugs -- when prohibited -- when allowed -- protocols -- rulemaking
Status: in_force

37-27-302 . Administration of prescription drugs -- when prohibited -- when allowed -- protocols -- rulemaking. (1) Except as provided in subsections (2) and (3), a licensed direct-entry midwife may not dispense or administer prescription drugs.

(2) A licensed direct-entry midwife who has successfully completed accredited courses in pharmacology and intravenous therapy approved by the board and has obtained a license endorsement from the board may, during the practice of midwifery, directly obtain and administer the following:

(a) oxygen;

(b) postpartum antihemorrhagic agents, including:

(i) pitocin (intramuscular);

(ii) methylergonovine;

(iii) misoprostol;

(iv) tranexamic acid; and

(v) other postpartum antihemorrhagic drugs allowed by board rule;

(c) injectable local anesthetics for the repair of up to second-degree lacerations;

(d) antibiotics for group b streptococcus prophylaxis consistent with guidelines of the United States centers for disease control and prevention;

(e) epinephrine administered for anaphylactic shock;

(f) intravenous fluids for fluid replacement and administration of approved medications;

(g) rho(d) immune globulin to prevent maternal immune sensitization to certain fetal blood types;

(h) newborn vitamin K or phytonadione (oral or intramuscular preparations);

(i) in accordance with administrative rules adopted by the department of public health and human services, prophylactic eye agents to newborn infants; and

(j) other medications as prescribed by a medical practitioner or naturopathic physician, including the use of devices as defined in 37-2-101 .

(3) A licensed direct-entry midwife who has successfully completed accredited courses in pharmacology pursuant to subsection (2) may, during the practice of midwifery:

(a) directly obtain terbutaline; and

(b) administer terbutaline to a patient when given a direct order to do so from a licensed physician.

(4) A licensed direct-entry midwife who administers drugs under this section must establish written protocol, including but not limited to:

(a) procurement of prescription drugs, which must be procured from a wholesale drug distributor or pharmacy supplier licensed by the board of pharmacy provided for in 2-15-1733 ;

(b) storage, inventory control, and disposal of prescription drugs; and

(c) use and care of prescription drugs.

(5) The board may adopt rules to implement this section.
Mont. Code Ann. § 37-4-407 — MT Code / Title 37 / Chapter 4 / Part 4 / Section 37-4-407
37-4-407 Provisions not to apply to licensed dentist, physician, or surgeon
Status: in_force

37-4-407 . Provisions not to apply to licensed dentist, physician, or surgeon. Nothing in this chapter relating to the practice of dental hygiene applies to its practice by a licensed dentist or a licensed physician and surgeon in this state.
Mont. Code Ann. § 37-69-403 — MT Code / Title 37 / Chapter 69 / Part 4 / Section 37-69-403
37-69-403 Proof of endorsement
Status: in_force

37-69-403 . Proof of endorsement. (1) A state or local government plumbing code compliance inspector shall, as part of any inspection, request proof of medical gas piping installation endorsement from any person who is required to hold an endorsement under 37-69-402 or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board.

(2) An employee of a private or public employment agency or labor union, a person who is professionally responsible for a job site, or a person who holds a medical gas piping installation endorsement under Title 37, chapter 69, has the right to ask a person doing work on the job site that requires an endorsement to provide proof of endorsement. If the person performing the work is unable to furnish proof of endorsement, the requesting person may report that fact to the board or the department.
Mont. Code Ann. § 37-27-202 — MT Code / Title 37 / Chapter 27 / Part 2 / Section 37-27-202
37-27-202 Examination -- preparation -- requirements
Status: in_force

37-27-202 . Examination -- preparation -- requirements. (1) An examination for a license to practice direct-entry midwifery must be prepared by a national testing agency approved by the board.

(2) Examinations must be conducted once each year, be fair and impartial, and be sufficiently comprehensive to adequately test the applicant's competence and ability.

(3) In order to be licensed, a person must attain a passing grade on the examination, as set by the board.

(4) A person who fails to achieve a passing grade on the examination may not engage in the practice of midwifery.
Mont. Code Ann. § 37-51-205 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-205
37-51-205 Compensation of members -- expenses
Status: in_force

37-51-205 . Compensation of members -- expenses. Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-61-309 — MT Code / Title 37 / Chapter 61 / Part 3 / Section 37-61-309
37-61-309 Judgment
Status: in_force

37-61-309 . Judgment. Upon conviction, in cases arising under 37-61-301 (2)(a), the judgment of the court must be that the name of the party be stricken from the roll of attorneys of the court and that the party be precluded from practicing as an attorney in all the courts of this state. Upon conviction in cases under the other subsections of that section, the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right to practice as attorney in the courts of this state permanently or for a limited period.
Mont. Code Ann. § 37-8-424 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-424
37-8-424 Medication aide II -- scope of practice
Status: in_force

37-8-424 . Medication aide II -- scope of practice. (1) A licensed medication aide II may:

(a) perform services requiring basic knowledge of medications and medication administration subject to the limitations outlined in subsection (2);

(b) practice only in a long-term care facility licensed to provide skilled nursing care, as defined in 50-5-101 ; and

(c) practice only under the supervision of a licensed professional or practical nurse who is on the premises.

(2) A licensed medication aide II may not:

(a) administer medications on an as-needed basis;

(b) administer parenteral or subcutaneous medications except for prelabeled, predrawn insulin;

(c) administer medications through nasogastric routes or by gastrostomy or jejunostomy tubes;

(d) convert or calculate dosages; or

(e) take verbal orders related to changes in medications and dosages.
Mont. Code Ann. § 37-69-319 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-319
37-69-319 Proof of license -- citation and fine
Status: in_force

37-69-319 . Proof of license -- citation and fine. (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 plumber licensed under Title 37, chapter 69, has the right to ask a person working at a job site doing work that requires a plumber'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 board or the department.

(2) An employee of the department may issue a citation to and collect a fine, as provided in 37-69-310 , from a person at a job site where the person is performing plumbing work if the person fails to display a plumber's license or proof of licensure at the request of the department inspector.
Mont. Code Ann. § 37-1-122 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-122
37-1-122 Active supervision -- rebuttable presumption -- reconsideration
Status: in_force

37-1-122 . Active supervision -- rebuttable presumption -- reconsideration. (1) (a) Before making a determination approving or disapproving a board action subject to active supervision as provided in 37-1-121 (1)(d), the commissioner of labor and industry shall:

(i) notify the affected board and the economic affairs interim committee in writing of the particular action identified for commissioner review;

(ii) give the board a timeframe of at least 30 days in which to provide the commissioner with written comments and materials justifying the proposed action; and

(iii) meet with the board or its representatives regarding the board action.

(b) The commissioner may require that the board provide the commissioner with other relevant information, including but not limited to comments, documents, or other material submitted to the board regarding the board action.

(c) The commissioner may approve a board action subject to active supervision under 37-1-121 (1)(d) without the notice and opportunity for board comment required under subsection (1)(a) if the commissioner has sufficient information to act.

(2) (a) There is a rebuttable presumption that if a board has not received a written notice as provided in 37-1-121 (1)(d) regarding a board action within 30 days, that the board action is presumed to be approved by the commissioner because the department has determined the board action will not unreasonably restrain or potentially unreasonably restrain competition in trade or commerce.

(b) At any time a board may request that the department or commissioner confirm in writing that a board action is not subject to active supervision under 37-1-121 (1)(d) because the commissioner has determined that the board action will not unreasonably restrain or potentially unreasonably restrain competition in trade or commerce.

(3) If the commissioner determines that a board action is subject to active supervision procedures under 37-1-121 (1)(d) and this section, the commissioner shall issue a written determination within 30 days after meeting with the board or its representatives as provided in subsection (1).

(4) (a) The board may request that the commissioner reconsider the determination. A request under this subsection (4) must be in writing, provide any additional supporting materials or arguments, and be received by the commissioner within 10 days after issuance of the commissioner's written determination.

(b) The commissioner may meet with the board or representatives of the board as part of the reconsideration process.

(c) The commissioner shall issue a written reconsideration decision within 10 days of receiving the written request for a reconsideration or within 10 days after meeting with the board or its representatives regarding the redetermination.

(5) This section may not be construed to mean that the commissioner's determination under 37-1-121 (1)(d) or the process described in this section is a contested case proceeding as defined in 2-4-102 .

(6) (a) After the economic affairs interim committee is notified of the commissioner's decision to issue a written determination or redetermination, the committee shall notify the commissioner if the committee plans to provide an opportunity for public comment on the commissioner's action at the next committee meeting.

(b) The commissioner shall notify the economic affairs interim committee of a final determination under this section. The committee shall follow the procedures in Title 2, chapter 4, if the committee decides to conduct a review. A final determination of the commissioner may be suspended by the committee whether the determination is for a rule or for another board action.
Mont. Code Ann. § 37-61-213 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-213
37-61-213 Disposition of license tax
Status: in_force

37-61-213 . Disposition of license tax. All moneys so collected during any month shall, on or before the first day of the succeeding month, be delivered to and deposited with the state treasurer by the clerk of the supreme court, and the state treasurer shall deposit such moneys in the general fund.
Mont. Code Ann. § 37-18-604 — MT Code / Title 37 / Chapter 18 / Part 6 / Section 37-18-604
37-18-604 Certified agency -- duties
Status: in_force

37-18-604 . Certified agency -- duties. (1) A person may not possess controlled substances for the purpose of euthanasia without first becoming a licensed veterinarian or a certified agency under rules adopted by the board.

(2) Certified agencies shall apply for registration with the applicable state or federal agency to possess controlled substances approved by the board for purposes of euthanasia.

(3) Certified agencies shall comply with all state and federal laws regarding the storage, care, and administration of controlled substances. Failure to comply with these laws may result in the immediate revocation of the certification in addition to any other civil or criminal penalties provided under any other statute.
Mont. Code Ann. § 37-69-320 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-320
37-69-320 License and endorsement discipline
Status: in_force

37-69-320 . License and endorsement discipline. (1) The board may revoke, suspend, restrict, censure, or apply any other disciplinary treatment contemplated by 37-1-136 to any occupational licensee or endorsee under this chapter for any one or more of the following causes:

(a) performance of plumbing work in the field of plumbing that is below the standards established by the Uniform Plumbing Code;

(b) inadequate supervision that causes or allows plumbing work in the field of plumbing that is below the standards established by the Uniform Plumbing Code;

(c) material deceit in procuring, attempting to procure, or aiding and abetting the procurement of an occupational license or endorsement to practice in the field of plumbing;

(d) unfitness to provide services in the field of plumbing by reason of negligence or addiction to the use of habit-forming drugs;

(e) physical or mental incompetence that impairs the licensee's or endorsee's ability to deliver adequate service in the field of plumbing;

(f) willful or repeated violation of this chapter or rules adopted under this chapter or willful or repeated violation of Title 50, chapter 60, part 5, or rules adopted under that part; or

(g) unprofessional practice-related conduct as defined by rules adopted by the board.

(2) Any licensee or endorsee disciplinary action under the jurisdiction of the board must be conducted as a contested case under the provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 37-2-106 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-106
37-2-106 Existing ownership of pharmacy
Status: in_force

37-2-106 . Existing ownership of pharmacy. The provisions of 37-2-103 (1) do not apply to a medical practitioner with respect to any interest that the medical practitioner owns on July 1, 1971. However, transfer of this interest to another person results in immediate termination of the exemption.
Mont. Code Ann. § 37-47-343 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-343
37-47-343 Appeal procedure
Status: in_force

37-47-343 . Appeal procedure. A person who feels aggrieved by a final order of the board denying issuance of a license or suspending or revoking a license as an outfitter or guide may petition for judicial review as provided in Title 2, chapter 4, part 7.
Mont. Code Ann. § 37-12-102 — MT Code / Title 37 / Chapter 12 / Part 1 / Section 37-12-102
37-12-102 Exemptions -- limitations on construction of chapter
Status: in_force

37-12-102 . Exemptions -- limitations on construction of chapter. This chapter may not be construed to restrain or restrict any legally licensed physician or surgeon or any legally licensed osteopath in the practice of those professions. The practice of chiropractic as defined in this chapter is declared not to be the practice of medicine or surgery within the meaning of the laws of the state of Montana defining medicine and surgery and is further declared not to be the practice of osteopathy within the meaning of the laws of the state of Montana defining osteopathy. Licensed chiropractors are not subject to the provisions of this title pertaining to the practice of osteopathy or liable to any prosecution under those provisions.
Mont. Code Ann. § 37-42-306 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-306
37-42-306 Issuance of operator certificate -- display
Status: in_force

37-42-306 . Issuance of operator certificate -- display. (1) The department shall issue certificates attesting to the competency of operators. The certificates shall include the classification of the works which the operator is qualified to supervise.

(2) The certificate shall be prominently displayed in the office of the operator.

(3) Certificates continue in effect unless revoked by the department but remain the property of the department, and the certificate shall so state. A certificate shall be renewed annually by payment of the proper fee.
Mont. Code Ann. § 37-51-201 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-201
37-51-201 Prohibition on membership in real estate associations
Status: in_force

37-51-201 . Prohibition on membership in real estate associations. The presiding officer or an employee of the department hired to provide services to the board may not be an officer or paid employee of any real estate association or group of real estate dealers or brokers.
Mont. Code Ann. § 37-47-401 — MT Code / Title 37 / Chapter 47 / Part 4 / Section 37-47-401
37-47-401 Purpose
Status: in_force

37-47-401 . Purpose. It is recognized that some activities conducted by outfitters, guides, and outfitter's assistants within the scope of their authorized services are inherently hazardous to participants regardless of all feasible safety measures that may be taken. It is the purpose of this part, subject to 27-1-753 , to define those areas of responsibility and affirmative acts or omissions for which outfitters, guides, and outfitter's assistants are liable for loss, damage, or injury and those risks for which the participant expressly assumes or is considered to have voluntarily assumed the risk of loss or damage.
Mont. Code Ann. § 37-7-501 — MT Code / Title 37 / Chapter 7 / Part 5 / Section 37-7-501
37-7-501 Short title
Status: in_force

37-7-501 . Short title. This part may be cited as the "Montana Drug Product Selection Act".
Mont. Code Ann. § 37-7-1501 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1501
37-7-1501 Short title
Status: in_force

37-7-1501 . Short title. This part may be cited as the "Montana Patient Safety Act".
Mont. Code Ann. § 37-45-204 — MT Code / Title 37 / Chapter 45 / Part 2 / Section 37-45-204
37-45-204 Provisions exclusive -- certain local authority not limited or abridged
Status: in_force

37-45-204 . Provisions exclusive -- certain local authority not limited or abridged. The provisions of this chapter relating to the registration or licensing of a person, firm, or corporation, including the requirement of a bond with the state of Montana named as obligee and the collection of a fee, are exclusive for registered construction contractors. A political subdivision of the state may not require or issue any registrations, licenses, or bonds for the same or a similar purpose. However, this section does not limit or abridge the authority of a local government to levy and collect a general and nondiscriminatory license fee levied upon all businesses. This section does not limit the authority of a local government with respect to contractors not required to be registered under this chapter.
Mont. Code Ann. § 37-60-304 — MT Code / Title 37 / Chapter 60 / Part 3 / Section 37-60-304
37-60-304 Application form and content
Status: in_force

37-60-304 . Application form and content.

(1) An applicant for licensure under this chapter must complete an application on a form, pay a fee prescribed by the department, and include other information, evidence, statements, or documents as may be prescribed by the rules of the department.

(2) On verification of each applicant's qualifications and fitness for licensure, endorsement, or registration, the department shall issue a license, subject to the renewal and termination provisions of 37-1-141 .
Mont. Code Ann. § 37-61-403 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-403
37-61-403 Change of attorney
Status: in_force

37-61-403 . Change of attorney. (1) The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:

(a) on consent of both client and attorney, filed with the clerk or entered on the minutes; or

(b) on the order of the court, on the application of either client or attorney, after notice from one to the other.

(2) The provisions of this section do not apply to assignments or reassignments of a public defender by the office of state public defender in which the office of state public defender is appointed pursuant to the Montana Public Defender Act, Title 47, chapter 1.
Mont. Code Ann. § 37-43-310 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-310
37-43-310 Disciplinary procedure
Status: in_force

37-43-310 . Disciplinary procedure. (1) If, after investigation and attempted settlement under 37-43-309 , compliance with lawful requirements is not demonstrated or achieved, the board may initiate discipline by issuing a proposed disciplinary order. The proposed order must state the factual and legal basis for the order and identify the witnesses, documents, logs, and reports relied upon by the board in reaching a decision. Copies of any documents, logs, or reports must be attached to the proposed order.

(2) The board shall mail or deliver a copy of the proposed order to the licensee, along with notice that the licensee may request a hearing to show cause why the order should be rejected or modified. If a hearing is not requested within 20 days, the board shall adopt the proposed order as a final order.

(3) A request for hearing must be in writing and specify which, if any, board witnesses the licensee wishes to cross-examine. If a timely request for hearing is received, the board shall schedule a hearing before the board or assign a hearings examiner to conduct the hearing at a later date to be set by the hearings examiner. The board shall make the specified witnesses available for cross-examination at the hearing.

(4) The licensee has the burden to show cause why the proposed order should be rejected or modified. The licensee may cross-examine the board's witnesses, present evidence, propose alternative discipline, argue issues of law and fact, or otherwise attempt to convince the board that the proposed order should be rejected or modified.

(5) After considering the evidence, proposals, and arguments presented at the hearing, the board shall issue its final order adopting, rejecting, or modifying the proposed order. The final order must state the reason for the adoption, rejection, or modification of the proposed order.

(6) A final disciplinary order may be appealed to the district court in the first judicial district and is reviewable according to the rules and standards for judicial review of contested cases pursuant to the Montana Administrative Procedure Act.
Mont. Code Ann. § 37-61-406 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-406
37-61-406 Penalty for deceit
Status: in_force

37-61-406 . Penalty for deceit. An attorney who is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or a party forfeits to the party injured by the deceit or collusion treble damages. The attorney is also guilty of a misdemeanor.
Mont. Code Ann. § 37-50-403 — MT Code / Title 37 / Chapter 50 / Part 4 / Section 37-50-403
37-50-403 Nonliability -- evidential privilege -- application to nonprofit corporations
Status: in_force

37-50-403 . Nonliability -- evidential privilege -- application to nonprofit corporations. (1) A member of a peer review, professional standards review, or ethics review committee of a society composed of persons licensed to practice as certified public accountants is not liable in damages to any person for any action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the member after reasonable effort to obtain the facts.

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

(3) This section also applies to a member, agent, or employee of a nonprofit corporation engaged in performing the functions of a peer review, professional standards review, or ethics review committee with respect to the profession of accounting.
Mont. Code Ann. § 37-73-202 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-202
37-73-202 Apprenticeship allowed
Status: in_force

37-73-202 . Apprenticeship allowed. This chapter does not prohibit a person from working as an apprentice with an elevator mechanic licensed under this chapter and under rules adopted by the department. The name and residence of each apprentice and the name and residence of the apprentice's employer must be filed with the department, and a record must be kept by the department showing the name and residence of each apprentice.
Mont. Code Ann. § 37-73-221 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-221
37-73-221 Reasonable fees -- deposit of fees and fines
Status: in_force

37-73-221 . Reasonable fees -- deposit of fees and fines. (1) All fees established by the department under this chapter must be commensurate with the respective program costs. Fees collected by the department under this chapter must be deposited in an account in the state special revenue fund for the use of the program.

(2) Fines collected under this chapter must be deposited in the state general fund.
Mont. Code Ann. § 37-2-701 — MT Code / Title 37 / Chapter 2 / Part 7 / Section 37-2-701
37-2-701 Report to board of mental or physical impairment
Status: in_force

37-2-701 . Report to board of mental or physical impairment. (1) Notwithstanding any provision of state law dealing with confidentiality, each licensee, any professional standards review organization, any professional association, and any other person may report to the licensee's respective board that a licensee is physically or mentally impaired by habitual intemperance or excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness.

(2) (a) For a licensee licensed under Title 37, chapter 3, information that relates to possible physical or mental impairment connected to habitual intemperance or excessive use of addictive drugs, alcohol, or any other drug or substance by a licensee or to other mental or chronic physical illness of a licensee may be reported to the appropriate personnel of the medical assistance program established by a board in lieu of reporting directly to the board.

(b) The program personnel referred to in subsection (2)(a) shall report to the board the identity of a licensee and all facts and documentation in their possession if:

(i) the licensee fails or refuses to:

(A) comply with a reasonable request that the licensee undergo a mental, physical, or chemical dependency evaluation or a combination of evaluations;

(B) undergo a reasonable course of recommended treatment, including reasonable aftercare; or

(C) satisfactorily complete a reasonable evaluation, a course of treatment, or aftercare; or

(ii) the licensee's condition creates a risk of harm to the licensee, a patient, or others.

(3) This section applies to professional standards review organizations only to the extent that the organizations are not prohibited from disclosing information under federal law.
Mont. Code Ann. § 37-19-203 — MT Code / Title 37 / Chapter 19 / Part 2 / Section 37-19-203
37-19-203 Terminated
Status: in_force

37-19-203 . Terminated. Sec. 6, Ch. 380, L. 2015.
Mont. Code Ann. § 37-3-309 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-309
37-3-309 Application for license
Status: in_force

37-3-309 . Application for license. A person desiring a license to practice medicine shall apply to the department on an approved form. The application must be accompanied by the license fee and documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by this chapter apart from an examination required by the board. The burden of proof is on the applicant, but the department may make an independent investigation to determine whether the applicant possesses the qualifications and whether the applicant has committed unprofessional conduct. The applicant shall provide necessary authorizations for the release of records and information pertinent to the department's inquiry.
Mont. Code Ann. § 37-18-308 — MT Code / Title 37 / Chapter 18 / Part 3 / Section 37-18-308
37-18-308 Deposit of money
Status: in_force

37-18-308 . Deposit of money. Money received 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. § 37-8-203 — MT Code / Title 37 / Chapter 8 / Part 2 / Section 37-8-203
37-8-203 Compensation of members -- expenses
Status: in_force

37-8-203 . Compensation of members -- expenses. Each member of the board shall receive compensation and travel expenses as provided in 37-1-133 .
Mont. Code Ann. § 37-7-1510 — MT Code / Title 37 / Chapter 7 / Part 15 / Section 37-7-1510
37-7-1510 Prescription drug registry -- advisory group
Status: in_force

37-7-1510 . Prescription drug registry -- advisory group. (1) The board shall establish an advisory group to provide information and advice about the development and operation of the registry, including but not limited to information on:

(a) the criteria for reporting information from the registry to prescribers and pharmacists;

(b) the design and implementation of educational courses about the registry;

(c) standards for evaluating the effectiveness of the registry; and

(d) administrative rules for establishing and maintaining the registry.

(2) The advisory group consists of but is not limited to representatives of:

(a) health care licensing boards that oversee health care providers who have authority to prescribe or dispense drugs;

(b) associations that represent health care professionals who have authority to prescribe or dispense drugs;

(c) associations that advocate for patients;

(d) entities involved in tribal health services or issues; and

(e) the department of justice provided for in 2-15-2001 .

(3) The advisory group may identify other individuals for appointment to the group.

(4) The board shall establish rules for the conduct of advisory group business.

(5) The advisory group may not receive or access confidential health care information contained in the registry.
Mont. Code Ann. § 37-1-402 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-402
37-1-402 Unprofessional conduct -- complaint -- investigation -- immunity
Status: in_force

37-1-402 . Unprofessional conduct -- complaint -- investigation -- immunity. (1) A person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.

(2) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have violated a requirement of this part, the department may investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation. However, if the written complaint or information that a licensee or license applicant may have violated a requirement of this part is based on the licensee or license applicant's exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution, then the investigation of the licensee or license applicant must cease immediately and the complaint must be dismissed.

(3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.
Mont. Code Ann. § 37-69-102 — MT Code / Title 37 / Chapter 69 / Part 1 / Section 37-69-102
37-69-102 Permanent and temporary exceptions
Status: in_force

37-69-102 . Permanent and temporary exceptions. (1) Licensure is not required in the following instances of plumbing installation:

(a) when an owner of a single-family residence used exclusively for the owner's personal use installs all sanitary plumbing and potable water supply piping or when a mobile home dealer or a manufactured housing dealer connects a mobile home or a manufactured house to existing sanitary and potable water supply facilities as part of delivering and setting up a mobile home for a purchaser;

(b) in any mine, mill, smelter, refinery, or railroad;

(c) in a farm or ranch not connected to public water supply and sewage disposal systems. For the purposes of this subsection (1)(c), a "farm or ranch" means the same as in 39-3-402 .

(d) in cities, towns, water districts, and water user associations extending, repairing, or replacing their own water and sewer mains;

(e) installation of water conditioner services in private dwellings;

(f) minor work by employees or agents of an appliance dealer incidental to the installation of an appliance purchased from the dealer;

(g) installation of a water meter by a qualified person appointed by the administrative authority of the water system;

(h) in the case of a private water supply, installation of the pump, waterline, or pressure tank, regardless of whether the pump, waterline, or pressure tank is located inside or outside the structure being served;

(i) in the case of an apprentice, as that term is defined in 39-6-101 , who is working under the supervision of a licensed plumber; and

(j) in the case of a student who is enrolled in a plumbing 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 (1)(j) does not authorize a student to engage in any plumbing work that will be incorporated or used in an occupied structure or connected to a plumbing system where work must be performed by a licensed plumber.

(2) This chapter may not be construed to apply to or to affect plumbing installations in any mines, mills, smelters, refineries, public utilities, railroads, or plumbing installations on farms or ranches not connected to public water supply or sewage disposal systems.

(3) If a licensed person is not available, the council or commission of a county, city, or town or the board of directors or managers of a water or sewer district or water utility may, by ordinance, rule, or resolution, authorize an unlicensed person to perform plumbing work on a temporary basis if:

(a) the council, commission, or board of directors has provided reasonable notice by certified letter to the board; and

(b) the board has approved the temporary authorization or has failed to respond to the certified letter required under subsection (3)(a) within 30 days of the letter's postmark.

(4) The council, commission, board of directors, or board shall withdraw the temporary authorization provided for in subsection (3) when a licensed person is reasonably available.
Mont. Code Ann. § 37-3-104 — MT Code / Title 37 / Chapter 3 / Part 1 / Section 37-3-104
37-3-104 Medical assistants -- guidelines
Status: in_force

37-3-104 . Medical assistants -- guidelines. (1) The board shall adopt guidelines by administrative rule for:

(a) the performance of administrative and clinical tasks by a medical assistant that are allowed to be delegated by a physician, physician assistant, or podiatrist, including the administration of medications; and

(b) the level of physician, physician assistant, or podiatrist supervision required for a medical assistant when performing specified administrative and clinical tasks delegated by a physician, physician assistant, or podiatrist. However, the board shall adopt a rule requiring onsite supervision of a medical assistant by a physician, physician assistant, or podiatrist for invasive procedures, administration of medication, or allergy testing.

(2) The physician, physician assistant, or podiatrist who is supervising the medical assistant is responsible for:

(a) ensuring that the medical assistant is competent to perform clinical tasks and meets the requirements of the guidelines;

(b) ensuring that the performance of the clinical tasks by the medical assistant is in accordance with the board's guidelines and good medical practice; and

(c) ensuring minimum educational requirements for the medical assistant.

(3) The board may hold the supervising physician, physician assistant, or podiatrist responsible in accordance with 37-1-316 or 37-3-323 for any acts of or omissions by the medical assistant acting in the ordinary course and scope of the assigned duties.
Mont. Code Ann. § 37-12-202 — MT Code / Title 37 / Chapter 12 / Part 2 / Section 37-12-202
37-12-202 Compensation of members -- expenses
Status: in_force

37-12-202 . Compensation of members -- expenses. The members of the board shall receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-60-103 — MT Code / Title 37 / Chapter 60 / Part 1 / Section 37-60-103
37-60-103 Purpose
Status: in_force

37-60-103 . Purpose. The purpose of this chapter is to regulate the qualifications and standards of practice of private security firms, electronic security firms, private investigators, private security firearms instructors, private security guards, registered process servers, and security alarm installers to protect the public health, safety, and welfare.
Mont. Code Ann. § 37-31-323 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-323
37-31-323 Fees
Status: in_force

37-31-323 . Fees. (1) Fees for licenses must be paid to the department in amounts prescribed by the board by rule.

(2) The license fees must be paid in advance to the department unless otherwise prescribed by the board by rule.

(3) Other or additional license fees may not be imposed by a municipal corporation or other political subdivision of this state to practice under this chapter.
Mont. Code Ann. § 37-61-214 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-214
37-61-214 Penalty for practicing without certificate indicating payment of tax
Status: in_force

37-61-214 . Penalty for practicing without certificate indicating payment of tax. An attorney may not practice or be permitted to practice in any of the courts of record in this state until the attorney has paid a license tax for the current fiscal year and procured a certificate, as provided in 37-61-211 , and any attorney violating this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.
Mont. Code Ann. § 37-45-205 — MT Code / Title 37 / Chapter 45 / Part 2 / Section 37-45-205
37-45-205 When partnership or joint venture considered registered
Status: in_force

37-45-205 . When partnership or joint venture considered registered. A partnership or joint venture is considered registered under this chapter if one of the general partners or venturers whose name under which the partnership or venture does business is registered.
Mont. Code Ann. § 37-17-320 — MT Code / Title 37 / Chapter 17 / Part 3 / Section 37-17-320
37-17-320 Licensure of postdoctoral supervisees
Status: in_force

37-17-320 . Licensure of postdoctoral supervisees. (1) (a) Except as provided in subsection (1)(b), if a person submits evidence that the person is engaged in a postdoctoral supervision program as part of a plan approved by the board and meets the qualifications of 37-17-302 , the board shall license the person as a psychologist.

(b) A person licensed under this subsection (1) is not required to pass the prescribed exam and have 1 year of postdoctoral supervised experience as provided in 37-17-302 (4).

(2) The person may only practice as described in the approved postdoctoral supervision plan.

(3) The license provided for in this section expires at the conclusion of the approved postdoctoral supervision program, unless the person meets all of the qualifications in 37-17-302 .
Mont. Code Ann. § 37-51-203 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-203
37-51-203 Rulemaking power
Status: in_force

37-51-203 . Rulemaking power. The board shall from time to time adopt rules to carry out the provisions of this chapter.
Mont. Code Ann. § 37-3-802 — MT Code / Title 37 / Chapter 3 / Part 8 / Section 37-3-802
37-3-802 Purpose -- establishment of program
Status: in_force

37-3-802 . Purpose -- establishment of program. The purposes of this part are to:

(1) provide outpatient care to eligible individuals by physicians at affordable prices;

(2) keep the elderly or infirm in their homes longer; and

(3) provide home health care visits for patients who have difficulty in traveling.
Mont. Code Ann. § 37-56-104 — MT Code / Title 37 / Chapter 56 / Part 1 / Section 37-56-104
37-56-104 Exemptions from requirement of property manager license
Status: in_force

37-56-104 . Exemptions from requirement of property manager license. (1) The property manager licensing provisions of this part do not apply to:

(a) an owner of a business entity that owns the property;

(b) an owner of a business entity that manages the property for an owner that is exempt under subsection (1)(a). However, all owners of the business entity that owns the property and all owners of the business entity that manages the property must be relatives as provided in subsection (1)(c) or (1)(d).

(c) the spouse of the property owner;

(d) the child, descendant of a child, sibling, parent, niece, nephew, aunt, or uncle of either the property owner or the spouse of the property owner;

(e) a person who leases no more than four residential real estate units;

(f) a person acting as attorney-in-fact under a power of attorney;

(g) an attorney at law in the performance of duties as an attorney;

(h) a person acting pursuant to a court order or a trustee;

(i) an officer of the state or a political subdivision in the conduct of official duties;

(j) a person who receives reduced rent or salary, unless that person holds signatory authority on the trust account;

(k) a person employed by the owner of the real estate if that person's property management duties are incidental to the person's other employment-related duties;

(l) a person managing an establishment licensed under Title 50, chapter 51; or

(m) a person employed on a salaried basis by only one person.

(2) A broker or salesperson licensed under Title 37, chapter 51, may act as a property manager. A salesperson may not act as a property manager without a supervising broker.

(3) For the purposes of subsections (1)(a) and (1)(b), "owner" means a person who is a:

(a) sole proprietor;

(b) managing member of a limited liability company;

(c) shareholder of a corporation; or

(d) partner in a partnership.
Mont. Code Ann. § 37-69-323 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-323
37-69-323 Restrictions on and responsibility for employees of master plumber
Status: in_force

37-69-323 . Restrictions on and responsibility for employees of master plumber. A licensed master plumber may employ only apprentice plumbers registered with the state department of labor and industry and only journeyman plumbers who are licensed by the state of Montana. A master plumber is responsible for ensuring that all work performed by the journeyman plumber or apprentice employed by the licensed master plumber is in compliance with the state plumbing code. The licensed master plumber may be charged with unprofessional conduct under 37-1-316 and held liable for false swearing, as provided in 45-7-202 , if the licensed master plumber provides false information to the department related to the experience or skill of a journeyman plumber or apprentice.
Mont. Code Ann. § 37-13-304 — MT Code / Title 37 / Chapter 13 / Part 3 / Section 37-13-304
37-13-304 Issuance of certificate of license -- license fee
Status: in_force

37-13-304 . Issuance of certificate of license -- license fee. All applicants successfully passing the examination required by this chapter must be registered as licensed acupuncturists in the board register and, on the payment of a license fee prescribed by the board, must be issued a certificate of license in a form as prescribed by the board.
Mont. Code Ann. § 37-20-302 — MT Code / Title 37 / Chapter 20 / Part 3 / Section 37-20-302
37-20-302 Application for and renewal of license -- fees
Status: in_force

37-20-302 . Application for and renewal of license -- fees. (1) A person desiring to practice as a physician assistant shall submit an application to the department on a form prescribed by the department and pay all applicable fees to the department. The applicant shall provide the authorization necessary for the release of records or other information necessary for licensure to the department. The burden of proving that the applicant has complied with all application requirements is on the applicant. However, the department may make an independent investigation to determine whether the applicant possesses the required qualifications and whether the applicant has ever committed unprofessional conduct.

(2) In order to renew a license, a physician assistant shall pay to the department a renewal fee as prescribed by the board. The renewal fee must be paid before the expiration date of the license, as set forth in department rule. The department shall send renewal notices before the renewal is due. Except as provided in 37-1-138 , failure to pay a renewal fee results in the expiration of the license.
Mont. Code Ann. § 37-29-302 — MT Code / Title 37 / Chapter 29 / Part 3 / Section 37-29-302
37-29-302 Exceptions
Status: in_force

37-29-302 . Exceptions. The provisions of this chapter do not apply to:

(1) a person interning under the direct supervision of a licensed denturist as required by 37-29-303 (2), provided that a denturist may not supervise more than one intern at any one time;

(2) the practice of dentistry or medicine by persons authorized to do so by the state of Montana; or

(3) a student of denturitry in pursuit of clinical studies under a school program or internship as required by 37-29-303 .
Mont. Code Ann. § 37-27-201 — MT Code / Title 37 / Chapter 27 / Part 2 / Section 37-27-201
37-27-201 Qualifications of applicants for license -- educational and practical experience requirements -- provisional license
Status: in_force

37-27-201 . Qualifications of applicants for license -- educational and practical experience requirements -- provisional license. (1) To be eligible for a license as a direct-entry midwife, an applicant:

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

(b) must be of good moral character and be at least 21 years of age;

(c) shall satisfactorily complete educational requirements in pregnancy and natural childbirth, approved by the board, which must include but are not limited to the following:

(i) provision of care during the antepartum, intrapartum, postpartum, and newborn period;

(ii) parenting education for prepared childbirth;

(iii) observation skills;

(iv) aseptic techniques;

(v) management of birth and immediate care of the mother and the newborn;

(vi) recognition of early signs of possible abnormalities;

(vii) recognition and management of emergency situations;

(viii) special requirements for home birth;

(ix) intramuscular and subcutaneous injections;

(x) suturing necessary for episiotomy repair;

(xi) recognition of communicable diseases affecting the pregnancy, birth, newborn, and postpartum periods;

(xii) assessment skills; and

(xiii) the use and administration of drugs authorized in 37-27-302 ;

(d) shall acquire practical experience, which may be attained in a home, clinic, or hospital setting. Practical experience attained in a hospital does not constitute training or supervision by the hospital, nor may a hospital be required to provide practical experience. At a minimum, this experience must include the following types and numbers of experiences acquired through an apprenticeship or other supervisory setting:

(i) provision of 100 prenatal examinations;

(ii) observation of 40 births; and

(iii) participation as the primary birth attendant at 25 births, 15 of which included continuous care, as evidenced by:

(A) birth certificates from Montana or another state;

(B) a signed affidavit from the birthing mother; or

(C) documented records from the person who supervised the births;

(e) shall file documentation with the board that the applicant has been certified by the American heart association or American red cross to perform adult and infant cardiopulmonary resuscitation. Certification must be current at the time of application and remain valid throughout the license period; and

(f) shall file documentation with the board that the applicant has been certified by the American academy of pediatrics or the American heart association to perform neonatal resuscitation. The applicant's certification must be current at the time of application and remain valid throughout the license period.

(2) An applicant who has completed the education requirements toward certification but has not completed the practical experience may apply for a provisional license under 37-1-144 and as prescribed by board rule.
Mont. Code Ann. § 37-47-351 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-351
37-47-351 Investigators
Status: in_force

37-47-351 . Investigators. The department may hire investigators to assist the board in investigations and inspections authorized by this chapter.
Mont. Code Ann. § 37-7-705 — MT Code / Title 37 / Chapter 7 / Part 7 / Section 37-7-705
37-7-705 Product selection of prescribed drugs -- notification
Status: in_force

37-7-705 . Product selection of prescribed drugs -- notification. (1) An out-of-state mail order pharmacy may not substitute a prescription drug unless the substitution is made in compliance with the laws of this state and the rules and regulations of the board.

(2) An out-of-state mail order pharmacy may not dispense a substitute drug product to a resident of this state without notifying the patient of the substitution either by telephone or in writing.
Mont. Code Ann. § 37-46-102 — MT Code / Title 37 / Chapter 46 / Part 1 / Section 37-46-102
37-46-102 Definitions
Status: in_force

37-46-102 . (Effective January 1, 2026) Definitions. As used in Title 37, chapter 46, unless the context clearly indicates 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 provided for in Title 2, chapter 15, part 17.
Mont. Code Ann. § 37-16-412 — MT Code / Title 37 / Chapter 16 / Part 4 / Section 37-16-412
37-16-412 Revocation, suspension, or denial -- notice and hearing
Status: in_force

37-16-412 . Revocation, suspension, or denial -- notice and hearing. No license issued under this chapter may be suspended, revoked, denied, or renewal denied without notice and opportunity for a hearing as provided under the Montana Administrative Procedure Act.
Mont. Code Ann. § 37-4-307 — MT Code / Title 37 / Chapter 4 / Part 3 / Section 37-4-307
37-4-307 Local fees prohibited
Status: in_force

37-4-307 . Local fees prohibited. A unit of local government, including those exercising self-government powers, may not impose a license fee on a dentist licensed under this chapter.
Mont. Code Ann. § 37-54-201 — MT Code / Title 37 / Chapter 54 / Part 2 / Section 37-54-201
37-54-201 Real estate appraiser license -- scope and display of license
Status: in_force

37-54-201 . Real estate appraiser license -- scope and display of license. (1) On proof that an applicant meets the qualifications set out in 37-54-202 , the board shall issue to the applicant a real estate appraiser license.

(2) The term "licensed real estate appraiser" may not be used to describe a firm, partnership, corporation, group, or anyone other than an individual licensee. However, a licensed real estate appraiser may engage in real estate appraisal as a professional corporation.

(3) This chapter does not preclude a person who is not a licensed or certified real estate appraiser from providing an opinion or estimate of market value as to real property for transactions if the person does not purport to be a licensed or certified real estate appraiser.

(4) This section does not:

(a) prohibit a person who is licensed to practice in this state under any law from engaging in the practice for which the person is licensed;

(b) apply to public officials in the conduct of their official duties that are not governed by the rules established by the federal financial institutions examination council agencies.

(5) A licensed or certified real estate appraiser is subject to restrictions on the scope of practice, depending on the value and complexity of the federally related transaction or transactions pursuant to rules established by the federal financial institutions examination council agencies, and the restrictions must remain current with any changes in those rules.

(6) A licensed real estate appraiser shall conspicuously display the license in the appraiser's principal place of business.

(7) A licensed or certified real estate appraiser may provide an evaluation. When providing an evaluation, a licensed or certified real estate appraiser:

(a) is not required to comply with 37-54-403 (1);

(b) may not indicate in any way that the licensed or certified real estate appraiser is a licensed or certified real estate appraiser; and

(c) shall include the following disclaimer on the first page of the evaluation:

"This is an evaluation not subject to compliance with the Uniform Standards of Professional Appraisal Practice."
Mont. Code Ann. § 37-45-201 — MT Code / Title 37 / Chapter 45 / Part 2 / Section 37-45-201
37-45-201 Construction contractor license required -- application
Status: in_force

37-45-201 . (Effective January 1, 2026) Construction contractor license required -- application. (1) An individual or business entity may not engage in business as a construction contractor without a current license from the department. The license must include the following information:

(a) the applicant's social security number;

(b) proof of compliance with workers' compensation laws;

(c) the internal revenue service employer identification number, if any; and

(d) the name and address of:

(i) each partner if the applicant is a firm or partnership;

(ii) the owner if the applicant is an individual partnership;

(iii) the corporate officers and registered agent if the applicant is a corporation; or

(iv) the manager of a manager-managed limited liability company or the members of a member-managed limited liability company and the registered agent if the applicant is a limited liability company.

(2) Section 37-1-137 applies to all persons listed in subsection (1)(d) of this section.
Mont. Code Ann. § 37-54-510 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-510
37-54-510 Certification to board -- continuing licensure
Status: in_force

37-54-510 . Certification to board -- continuing licensure. Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system in place to verify that an appraiser to whom the appraisal management company is making an assignment for the completion of an appraisal has not had a license or certification as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation since the last time that the appraisal management company made an assignment for an appraisal to the appraiser. 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.
Mont. Code Ann. § 37-19-824 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-824
37-19-824 Conveyance
Status: in_force

37-19-824 . Conveyance. (1) An instrument of conveyance for a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space must be issued to the purchaser upon complete payment of the purchase price.

(2) Only a cemetery company or its agents may sell or convey the items listed in subsection (1). However, an owner may sell the item if the owner has first offered in writing to sell it to the cemetery company at the purchase price then being charged by the cemetery company for a similar item and the cemetery company has not accepted the offer within 30 days of the offer.

(3) (a) The secretary or other responsible person of a cemetery company shall file and record in the cemetery company's books all instruments of conveyance.

(b) An instrument of conveyance must be recorded by the cemetery company in the office of the county clerk and recorder and returned to the purchaser.

(4) An instrument of conveyance must be signed on behalf of a cemetery company by the person having proper authority to sign the instrument of conveyance.
Mont. Code Ann. § 37-67-103 — MT Code / Title 37 / Chapter 67 / Part 1 / Section 37-67-103
37-67-103 Exemptions
Status: in_force

37-67-103 . Exemptions. The following are exempt from licensure under this chapter:

(1) the practice of any other legally recognized professions or trades;

(2) the mere execution of work by a contractor, as distinguished from its planning or design or the supervision of the construction of work as a lead supervisor or superintendent;

(3) the work of an employee or a subordinate of a person holding a license under this chapter or an employee of a person practicing lawfully under this chapter if the work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of a person holding a license under this chapter or a person practicing lawfully under this chapter;

(4) the practice of professional engineering by licensed architects when the practice is purely incidental to their practice of architecture.
Mont. Code Ann. § 37-51-306 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-306
37-51-306 Transactions with nonresidents and with nonlicensed brokers, salespersons, or property managers -- consent to legal process
Status: in_force

37-51-306 . Transactions with nonresidents and with nonlicensed brokers, salespersons, or property managers -- consent to legal process. (1) A licensed broker may not employ or compensate, directly or indirectly, a person for performing the acts regulated by this chapter who is not a licensed broker, a licensed salesperson, or a licensed property manager. However, a licensed broker may pay a commission to a licensed broker of another state or jurisdiction if the nonresident broker has not conducted and does not conduct in this state a service for which a fee, compensation, or commission is paid.

(2) A nonresident licensee shall file an irrevocable written consent that legal actions arising out of a commenced or completed transaction may be commenced against the nonresident licensee in a county of this state that may be appropriate and designated by Title 25, chapter 2, part 1. The consent must provide that service of summons in this action may be served on the department for and on behalf of the nonresident licensee, and this service is sufficient to give the court jurisdiction over the licensee conducting a transaction in a county. The consent must be acknowledged and, if made by a corporation, must be authenticated by its seal.
Mont. Code Ann. § 37-3-303 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-303
37-3-303 Practice authorized by physician's license
Status: in_force

37-3-303 . Practice authorized by physician's license. A physician's license authorizes the holder to perform one or more of the acts covered by the practice of medicine, as defined in 37-3-102 , in a manner consistent with the holder's training, skill, and experience.
Mont. Code Ann. § 37-54-105 — MT Code / Title 37 / Chapter 54 / Part 1 / Section 37-54-105
37-54-105 Powers and duties of board
Status: in_force

37-54-105 . Powers and duties of board. The board shall:

(1) adopt rules to implement and administer the provisions of this chapter;

(2) establish and collect fees commensurate with the costs of processing:

(a) an application for licensure or renewal of licensure;

(b) certification or renewal of a certificate; and

(c) registration or renewal of registration of appraisal management companies;

(3) establish minimum requirements for education, experience, and examination for licensure and certification as set out by the appraisal qualification board of the appraisal foundation;

(4) prescribe the examinations for licensure or certification and determine the acceptable level of performance on examinations;

(5) receive and review applications for licensure, certification, or appraisal management company registration and issue or, as appropriate, renew licenses, certificates, or appraisal management company registrations;

(6) review periodically the standards for development and communication of appraisals and adopt rules explaining and interpreting the standards;

(7) retain all applications and other records submitted to the board;

(8) adopt by rule standards of professional appraisal practice in this state;

(9) (a) require an appraisal management company to submit reports, information, and documents to the board; and

(b) examine the books and records of an appraisal management company operating in the state;

(10) reprimand, suspend, revoke, or refuse to renew the license, certificate, or registration of a person or entity who has violated the standards established for licensed and certified real estate appraisers or registered appraisal management companies;

(11) regulate and establish minimum requirements and qualifications for real estate appraiser mentors;

(12) collect and transmit annual registry fees from registered appraisal management companies and federally regulated appraisal management companies in the amount determined by the appraisal subcommittee of the federal financial institutions examination council; and

(13) perform other duties necessary to implement this chapter.
Mont. Code Ann. § 37-20-403 — MT Code / Title 37 / Chapter 20 / Part 4 / Section 37-20-403
37-20-403 Physician assistant scope of practice
Status: in_force

37-20-403 . Physician assistant scope of practice. (1) A physician assistant is professionally and legally responsible for the care and treatment of a patient by a physician assistant licensed in accordance with this chapter.

(2) A physician assistant may:

(a) diagnose, examine, and treat human conditions, ailments, diseases, injuries, or infirmities, either physical or mental, by any means, method, device, or instrumentality;

(b) obtain informed consent;

(c) supervise, delegate, and assign therapeutic and diagnostic measures;

(d) certify the health or disability of a patient as required by any local, state, or federal program; and

(e) authenticate any document that a physician may authenticate.
Mont. Code Ann. § 37-54-505 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-505
37-54-505 Employee requirements
Status: in_force

37-54-505 . Employee requirements. An appraisal management company may not:

(1) employ a person who may have any responsibility in ordering appraisal reports, providing quality control testing for appraisal reports, or communicating with appraisers regarding any potential appraisal report deficiencies who has had a license or certificate to act as an appraiser in any state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation unless the license or certificate was subsequently granted or reinstated;

(2) enter into an independent contractor arrangement with a person who has had a license or certificate to act as an appraiser in any state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation unless the license or certificate was subsequently granted or reinstated.
Mont. Code Ann. § 37-10-306 — MT Code / Title 37 / Chapter 10 / Part 3 / Section 37-10-306
37-10-306 License to be displayed in office
Status: in_force

37-10-306 . License to be displayed in office. Every person to whom a license is granted shall display the license in a conspicuous part of the person's office in which the practice of optometry is conducted.
Mont. Code Ann. § 37-8-415 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-415
37-8-415 Licensed practical nursing -- qualifications of applicants
Status: in_force

37-8-415 . Licensed practical nursing -- qualifications of applicants. An applicant for a license to practice as a licensed practical nurse 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 the superintendent of public instruction;

(2) is a graduate of an approved practical nursing education program that is authorized to prepare persons for licensure as practical nurses; and

(3) meets other qualification requirements the board prescribes in its rules.
Mont. Code Ann. § 37-27-203 — MT Code / Title 37 / Chapter 27 / Part 2 / Section 37-27-203
37-27-203 Examination -- exemption
Status: in_force

37-27-203 . Examination -- exemption. (1) Except as provided in subsection (4), an applicant for a license as a direct-entry midwife shall pass a qualifying, written examination, prescribed by the board, that is designed to test knowledge of theory regarding pregnancy and childbirth and to test clinical judgment in midwifery management. If considered necessary, an oral interview may be conducted in addition to the written examination to determine the fitness of the applicant to practice as a direct-entry midwife.

(2) Before an applicant may take the examination, the applicant shall demonstrate to the board that the educational and practical experience requirements in 37-27-201 (1)(c) and (1)(d) have been met.

(3) An applicant is exempt from the educational and practical experience requirements of 37-27-201 (1)(c) and (1)(d) if the applicant has:

(a) satisfactorily completed the first examination given by the board following July 1, 1991; and

(b) filed supporting documentation, as required by the board by rule, certifying that the applicant has served as the primary birth attendant, providing continuous care at no less than 75 births within the 7 years prior to July 1, 1991, as verified by birth certificates from Montana or another state, a signed affidavit from the birthing mother, or documented records from the midwife.

(4) Upon payment of the license fee established by the board, a nurse-midwife certified pursuant to 37-8-409 is exempt from the requirements of 37-27-201 and this section and may be licensed as a direct-entry midwife.
Mont. Code Ann. § 37-54-415 — MT Code / Title 37 / Chapter 54 / Part 4 / Section 37-54-415
37-54-415 Place of business
Status: in_force

37-54-415 . Place of business. (1) A resident licensed or certified real estate appraiser shall maintain a principal place of business in this state. If the appraiser changes the principal place of business, the appraiser shall promptly notify the board in writing of the change. Upon receipt of notice of the change, the board shall issue a new license or certificate for the unexpired term, stating the principal place of business.

(2) A nonresident licensee is not required to maintain a place of business in this state if the licensee maintains a principal place of business in the licensee's domicile state.
Mont. Code Ann. § 37-6-106 — MT Code / Title 37 / Chapter 6 / Part 1 / Section 37-6-106
37-6-106 Rulemaking authority
Status: in_force

37-6-106 . Rulemaking authority. The board may adopt rules to carry out the provisions of this chapter. Rules adopted by the board must be fair, impartial, and nondiscriminatory.
Mont. Code Ann. § 37-11-306 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-306
37-11-306 Issuance of license -- certificate as evidence
Status: in_force

37-11-306 . Issuance of license -- certificate as evidence. The department shall issue a license to each applicant who proves to the satisfaction of the board the applicant's fitness for a physical therapist or physical therapist assistant license under this chapter. The department shall also issue to each licensed person a license certificate, which is prima facie evidence of that person's right to practice and advertise as a licensed physical therapist or a physical therapist assistant, subject to the conditions and limitations of this chapter.
Mont. Code Ann. § 37-68-301 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-301
37-68-301 License required to engage in electrical work
Status: in_force

37-68-301 . License required to engage in electrical work. (1) A person may not engage in or work at the business or trade of or hold out to the public that the person is an electrician, electrical contractor, residential electrician, journeyman electrician, or master electrician in this state until the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician.

(2) A person who has received a license from the department under the provisions of this chapter shall carry the license at all times while working at a jobsite and performing work that requires a license.

(3) A private or public employment agency or labor union, or an employee of the agency or union who refers persons for employment by others may not refer a person for employment by others to perform the work of an electrical contractor, residential electrician, journeyman electrician, or master electrician in this state unless the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician.
Mont. Code Ann. § 37-73-204 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-204
37-73-204 Elevator mechanic's examination -- fee
Status: in_force

37-73-204 . Elevator mechanic's examination -- fee. (1) The department shall, at least once a year, administer an examination to applicants meeting the requirements of 37-73-203 (2)(b). The department shall determine the subjects, scope, and acceptable level of performance for the examination.

(2) The department shall determine by rule the fees to be charged an applicant for each examination and reexamination that the department administers. The fees must be commensurate with costs.

(3) An applicant for a license who has previously taken and failed the examination required by this section may retake it at any time within 2 years without again furnishing proof of compliance with 37-73-203 (2)(b).
Mont. Code Ann. § 37-24-312 — MT Code / Title 37 / Chapter 24 / Part 3 / Section 37-24-312
37-24-312 Criminal record background check
Status: in_force

37-24-312 . Criminal record background check. (1) As provided in 37-1-307 , the board shall require each applicant for licensure as an occupational therapist or occupational therapy assistant to submit a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.

(2) The board may require licensees renewing their licenses to submit a full set of their fingerprints to the board for the purposes of obtaining a criminal record background check by the Montana department of justice and the federal bureau of investigation.
Mont. Code Ann. § 37-1-414 — MT Code / Title 37 / Chapter 1 / Part 4 / Section 37-1-414
37-1-414 Mental and physical evaluations
Status: in_force

37-1-414 . Mental and physical evaluations. (1) If the department, on behalf of a health care program, has objective and reasonable belief that a licensee or license applicant presents a significant risk of substantial harm to public health and safety, the department may require an evaluation of the licensee or license applicant by an appropriate medical provider.

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

(a) the duration of the risk;

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

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

(d) the imminence of the potential harm.

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

(4) The department may summarily suspend the license of or suspend processing the application of an individual who refuses to submit to the evaluation.
Mont. Code Ann. § 37-31-301 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-301
37-31-301 Prohibited acts
Status: in_force

37-31-301 . Prohibited acts. (1) Without an appropriate license issued under this chapter, it is unlawful:

(a) to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring for compensation;

(b) for an unlicensed student to provide services as a barber, a barber nonchemical, a cosmetologist, an electrologist, an esthetician, or a manicurist other than in a licensed school;

(c) to own, manage, or operate a salon, shop, booth, or school; or to teach in a school other than as a student enrolled in a teacher training course.

(2) It is unlawful:

(a) to employ or use an unlicensed person as a barber, a barber nonchemical, a cosmetologist, an electrologist, an esthetician, or a manicurist;

(b) for a teacher or student teacher to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring on the public in a school;

(c) for student teachers to substitute for full-time teachers;

(d) to operate a salon, shop, or booth in connection with a school;

(e) to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring outside a licensed salon or shop as provided in this chapter, except when a licensee is requested:

(i) by a customer to go to a place other than a licensed salon or shop and is sent to the customer from a licensed salon or shop; or

(ii) by a customer with a disability or homebound customer to go to the customer's place of residence; or

(f) to violate any of the provisions of this chapter.
Mont. Code Ann. § 37-2-104 — MT Code / Title 37 / Chapter 2 / Part 1 / Section 37-2-104
37-2-104 Dispensing of drugs by medical practitioners -- registration -- exceptions
Status: in_force

37-2-104 . Dispensing of drugs by medical practitioners -- registration -- exceptions. (1) Subject to subsection (7), a medical practitioner may dispense drugs if the practitioner:

(a) registers with the board of pharmacy provided for in 2-15-1733 ; and

(b) complies with the requirements of this section.

(2) (a) Drugs dispensed by a medical practitioner must be:

(i) dispensed by the practitioner at the practitioner's office or place of practice;

(ii) dispensed only to the practitioner's own patients;

(iii) dispensed with the offer of counseling from the practitioner; and

(iv) necessary in the treatment of the condition for which the practitioner is attending the patient.

(b) Health care staff, other than the practitioner, who are at the practitioner's office or place of practice, may convey the dispensed drugs if:

(i) the drugs are prepared and sealed with two forms of identification written on the package by the provider; and

(ii) the identification of the patient is verified by the staff member conveying the drugs.

(3) Before dispensing a drug, a medical practitioner shall offer to give a patient the prescription in a written, electronic, or facsimile form that the patient may choose to have filled by the practitioner or any pharmacy.

(4) Except as otherwise provided in this section, a medical practitioner:

(a) may dispense only those drugs that the practitioner is allowed to prescribe under the practitioner's scope of practice unless the practitioner is engaged in the practice of pharmacy and dispensing a drug pursuant to Title 37, chapter 7; and

(b) may not dispense a controlled substance unless the practitioner is engaged in the practice of pharmacy and is dispensing a controlled substance pursuant to Title 37, chapter 7.

(5) A medical practitioner dispensing drugs shall comply with and is subject to the provisions of this part and the provisions of:

(a) Title 37, chapter 7, parts 4, 5, and 15;

(b) Title 50, chapter 31, parts 3 and 5;

(c) the labeling, storage, inspection, and recordkeeping requirements established by the board of pharmacy; and

(d) all applicable federal laws and regulations.

(6) A medical practitioner registering with the board of pharmacy shall pay a fee established by the board by rule. The fee must be paid at the time of registration and on each renewal of the practitioner's license.

(7) Except as provided in subsection (8), a medical practitioner registered with the board of pharmacy may not dispense drugs to an injured worker being treated pursuant to Title 39, chapter 71.

(8) This section does not prohibit any of the following when a medical practitioner has not registered to dispense drugs or when a practitioner registered to dispense drugs is treating an injured worker pursuant to Title 39, chapter 71:

(a) a medical practitioner from furnishing a patient any drug in an emergency;

(b) the administration of a unit dose of a drug to a patient by or under the supervision of a medical practitioner;

(c) dispensing a drug to a patient by a medical practitioner whenever there is no community pharmacy available to the patient;

(d) the dispensing of drugs occasionally, but not as a usual course of doing business, by a medical practitioner;

(e) a medical practitioner from dispensing drug samples;

(f) the dispensing of factory prepackaged contraceptives, other than mifepristone, by a registered nurse employed by a family planning clinic under contract with the department of public health and human services if the dispensing is in accordance with:

(i) a physician's written protocol specifying the circumstances under which dispensing is appropriate; and

(ii) the drug labeling, storage, and recordkeeping requirements of the board of pharmacy;

(g) a contract physician at an urban Indian clinic from dispensing drugs to qualified patients of the clinic. The clinic may not stock or dispense any dangerous drug, as defined in 50-32-101 , or any controlled substance. The contract physician may not delegate the authority to dispense any drug for which a prescription is required under 21 U.S.C. 353(b).

(h) a medical practitioner from dispensing a drug if the medical practitioner has prescribed the drug and verified that the drug is not otherwise available from a community pharmacy. A drug dispensed pursuant to this subsection (8)(h) must meet the labeling, storage, and recordkeeping requirements of the board of pharmacy.

(i) a medical practitioner from dispensing an opioid antagonist as provided in 50-32-605 .

(9) For the purposes of this section, the term "medical practitioner" includes a naturopathic physician.
Mont. Code Ann. § 37-43-305 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-305
37-43-305 Examination and qualifications
Status: in_force

37-43-305 . Examination and qualifications. (1) Under board rules pertaining to the business of drilling and contracting for drilling of water wells and monitoring wells, the department shall inquire by examination or otherwise into the qualifications of applicants for licenses. Examinations may be oral, written, or both.

(2) The qualifications for a water well contractor's license are:

(a) familiar knowledge of ground water laws of this state and sanitary standards for water well drilling and construction of water wells;

(b) knowledge of types of water well construction;

(c) knowledge of types of drilling tools and their uses;

(d) knowledge of geology in its relation to well construction;

(e) possession of adequate equipment by the applicant to complete satisfactory water wells under the standards of the board;

(f) financial responsibility of the applicant;

(g) successful completion of an examination given by the department; and

(h) completion of an apprenticeship of 1 year or more under the direct supervision of a licensed water well contractor or equivalent education, experience, or both, as determined by the board.

(3) The qualifications for a water well driller's license are:

(a) familiar knowledge of ground water laws of this state and sanitary standards for water well drilling and water well construction;

(b) knowledge of types of water well construction;

(c) knowledge of types of drilling tools and their uses;

(d) knowledge of geology in its relation to well construction;

(e) employment by a licensed water well contractor;

(f) completion of an apprenticeship of 1 year or more under the direct supervision of a licensed water well contractor or driller or equivalent education, experience, or both, as determined by the board; and

(g) successful completion of an examination given by the department.

(4) The qualifications for a license to construct monitoring wells are:

(a) familiar knowledge of ground water laws of this state and sanitary standards for drilling and construction of monitoring wells;

(b) knowledge of types of monitoring well construction;

(c) knowledge of types of drilling tools used for monitoring wells and their uses;

(d) knowledge of geology;

(e) financial responsibility of the applicant;

(f) 1 or more years of experience in drilling monitoring wells under the direct supervision of a licensed monitoring well constructor or equivalent education, experience, or both, as determined by the board; and

(g) successful completion of an examination related specifically to drilling of monitoring wells given by the department.

(5) The department shall give examinations at times and places the board determines. Failure of an applicant to successfully complete the examination disqualifies the applicant from making further application for a period of 3 months. The board shall act within a reasonable time on applications for licenses. An application must be accompanied by the initial fee, and failure to successfully meet the requirements of the board does not entitle the applicant to a refund of the fee.
Mont. Code Ann. § 37-1-101 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-101
37-1-101 Duties of department
Status: in_force

37-1-101 . Duties of department. In addition to the provisions of 2-15-121 , the department shall:

(1) establish and provide all the administrative, legal, and clerical services needed by the boards within the department, including corresponding, receiving, and processing routine applications for licenses as defined by a board, issuing and renewing routine licenses as defined by a board, disciplining licensees, setting administrative fees, preparing agendas and meeting notices, conducting mailings, taking minutes of board meetings and hearings, and filing. In issuing routine licenses for a board, the department shall issue a license within 45 days from the time of receiving a completed application or, within 10 calendar days, provide notice and response timelines to the applicant of deficiencies in the application or provide information as to any exigent circumstances that may delay issuing a license. For nonroutine licenses, the department shall confer with the board to which the licensure application is made and provide an expected timeline to an applicant for issuing a license, including notifying the applicant from that time forward of any deviations from the expected timeline.

(2) standardize policies and procedures and keep in Helena all official records of the boards;

(3) make arrangements and provide facilities in Helena for all meetings, hearings, and examinations of each board or elsewhere in the state if requested by the board;

(4) contract for or administer and grade examinations required by each board;

(5) investigate complaints received by the department of illegal or unethical conduct of a member of the profession or occupation under the jurisdiction of a board or a program within the department;

(6) assess the costs of the department to the boards and programs on an equitable basis as determined by the department;

(7) adopt rules setting administrative fees and expiration, renewal, and termination dates for licenses;

(8) issue a notice to and pursue an action against a licensed individual, as a party, before the licensed individual's board after a finding of reasonable cause by a screening panel of the board pursuant to 37-1-307 (1)(d);

(9) (a) provide notice to the board and to the appropriate legislative interim committee when a board cannot operate in a cost-effective manner;

(b) suspend all duties under this title related to the board except for services related to renewal of licenses;

(c) review the need for a board and make recommendations to the legislative interim committee with monitoring responsibility for the boards for legislation revising the board's operations to achieve fiscal solvency; and

(d) notwithstanding 2-15-121 , recover the costs by one-time charges against all licensees of the board after providing notice and meeting the requirements under the Montana Administrative Procedure Act;

(10) monitor a board's cash balances to ensure that the balances do not exceed two times the board's annual appropriation level and adjust fees through administrative rules when necessary. This subsection does not apply to the board of public accountants, except that the department may monitor the board's cash balances.

(11) establish policies and procedures to set fees for administrative services, as provided in 37-1-134 , commensurate with the cost of the services provided. Late penalty fees may be set without being commensurate with the cost of services provided.

(12) adopt uniform rules for all boards and department programs to:

(a) establish procedures for contested cases; and

(b) comply with the public notice requirements of 37-1-311 and 37-1-405 . The rules may require the posting of only the licensee's name and the fact that a hearing is being held when the information is being posted on a publicly available website prior to a decision leading to a suspension or revocation of a license or other final decision of a board or the department.
Mont. Code Ann. § 37-61-201 — MT Code / Title 37 / Chapter 61 / Part 2 / Section 37-61-201
37-61-201 Who considered to be practicing law
Status: in_force

37-61-201 . Who considered to be practicing law. Any person who holds out to the public or advertises as an attorney or who appears in any court of record or before a judicial body, referee, commissioner, or other officer appointed to determine any question of law or fact by a court or who engages in the business and duties and performs acts, matters, and things that are usually done or performed by an attorney at law in the practice of that profession for the purposes of parts 1 through 3 of this chapter is considered to be practicing law.
Mont. Code Ann. § 37-2-318 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-318
37-2-318 Community health aide program -- exception to licensing requirements
Status: in_force

37-2-318 . Community health aide program -- exception to licensing requirements. (1) An individual may, without obtaining a license under this title, provide health care services within the scope of the individual's certification in a practice setting operated by the Indian health service or a tribal health program authorized pursuant to Public Law 93-638, if the individual is certified by:

(a) a federal community health aide program certification board established pursuant to 25 U.S.C. 1616l; or

(b) a federally recognized Indian tribe that has adopted certification standards that meet or exceed the requirements of a federal community health aide program certification board.

(2) Services provided under this section must be provided in accordance with the standards adopted by the certifying body, including standards related to scope of practice, training, supervision, and continuing education.

(3) After meeting the competencies required for the appropriate type and level of certification, an individual may practice under this section in the following areas:

(a) dental health, as a primary or expanded function dental health aide, dental health aide hygienist, or dental health aide therapist to assist with dental education and primary or preventive dental care as appropriate to the individual's certification, and provided that performing dental extractions or invasive procedures to teeth and gums is prohibited;

(b) behavioral health, as a behavioral health aide or behavioral health aide practitioner to assist with case management, patient and community education, and patient evaluation, treatment planning, and treatment activities as appropriate to the individual's certification. A behavioral health practitioner may, only under the general supervision of a licensed behavioral health professional, conduct routine screening, assessment, evaluation, and counseling of patients.

(c) community health, as a community health aide or community health aide practitioner to assist with acute, preventive, and primary care services as appropriate to the individual's certification.

(4) An individual providing services under this section may provide the services only while discharging official duties on behalf of the United States government under the Indian health service, a tribal health program authorized pursuant to Public Law 93-638, or an urban Indian health center.
Mont. Code Ann. § 37-25-309 — MT Code / Title 37 / Chapter 25 / Part 3 / Section 37-25-309
37-25-309 Scope of dietetic-nutrition practice
Status: in_force

37-25-309 . Scope of dietetic-nutrition practice. Only an individual licensed under this chapter or as permitted pursuant to 37-25-304 may provide medical nutrition therapy as part of the practice of dietetics or nutrition.
Mont. Code Ann. § 37-42-322 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-322
37-42-322 Violation
Status: in_force

37-42-322 . Violation. Any person, firm, or corporation, both municipal and private, violating any provisions of this chapter or the rules adopted hereunder is guilty of a misdemeanor. Each day of operation in violation of this chapter or any rules adopted hereunder shall constitute a separate offense.
Mont. Code Ann. § 37-69-201 — MT Code / Title 37 / Chapter 69 / Part 2 / Section 37-69-201
37-69-201 Presiding officer
Status: in_force

37-69-201 . Presiding officer. The board shall annually select a presiding officer from its members.
Mont. Code Ann. § 37-61-307 — MT Code / Title 37 / Chapter 61 / Part 3 / Section 37-61-307
37-61-307 Supreme court to make procedural rules -- referees
Status: in_force

37-61-307 . Supreme court to make procedural rules -- referees. (1) The supreme court may make rules regulating pleadings, practice, and procedure in such action or proceeding; and in the absence of such rules, the law relating to pleadings, practice, and procedure in civil actions, so far as applicable, shall control.

(2) The court may order a reference as authorized by Rule 53, M.R.Civ.P.; and in the event of a reference, the referee or referees shall have the powers provided in such rule and shall receive such compensation as shall be fixed and allowed by the supreme court.
Mont. Code Ann. § 37-1-135 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-135
37-1-135 Licensing investigation and review -- record access
Status: in_force

37-1-135 . Licensing investigation and review -- record access. Any person, firm, corporation, or association that performs background reviews, complaint investigations, or peer reviews pursuant to an agreement or contract with a state professional or occupational licensing board shall make available to the board and the legislative auditor, upon request, any and all records or other information gathered or compiled during the course of the background review, complaint investigation, or peer review.
Mont. Code Ann. § 37-42-201 — MT Code / Title 37 / Chapter 42 / Part 2 / Section 37-42-201
37-42-201 Meetings -- compensation of members -- expenses
Status: in_force

37-42-201 . Meetings -- compensation of members -- expenses. (1) Annually, when new members are appointed to the council, a presiding officer must be elected at the next council meeting.

(2) Meetings may be called by the presiding officer or on written request of four members of the council when necessary to carry out its function to advise the department under this chapter. Four members constitute a quorum.

(3) Members of the council are entitled to be reimbursed and compensated as are members of advisory councils in 2-15-122 (5).
Mont. Code Ann. § 37-19-825 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-825
37-19-825 Preexisting cemeteries
Status: in_force

37-19-825 . Preexisting cemeteries. A cemetery or cemetery company that is in existence on January 1, 1998, shall obtain the necessary permits required by this part in order to continue operation and is subject as of January 1, 1998, to the provisions of this part.
Mont. Code Ann. § 37-29-405 — MT Code / Title 37 / Chapter 29 / Part 4 / Section 37-29-405
37-29-405 Advertising restrictions
Status: in_force

37-29-405 . Advertising restrictions. A person may not represent or hold out to the public that the person is a denturist or is practicing denturitry unless licensed under this chapter.
Mont. Code Ann. § 37-31-311 — MT Code / Title 37 / Chapter 31 / Part 3 / Section 37-31-311
37-31-311 Schools -- license -- requirements -- bond -- curriculum
Status: in_force

37-31-311 . Schools -- license -- requirements -- bond -- curriculum. (1) A person, firm, partnership, corporation, or other legal entity may operate a school for compensation with a license issued by the department. Application for the license must be filed with the department on a form approved by the board by rule.

(2) A school may not be granted a license unless the school complies with or is able to comply with the following requirements:

(a) It has in its employ at least one teacher.

(b) It does not have more than 25 students for each teacher.

(c) The school's course of training and technical instruction comply with rules prescribed by the board.

(d) It possesses apparatus and equipment consistent with industry standards.

(e) It keeps a daily record of the attendance of each student, establishes grades, and holds examinations before issuing a diploma.

(f) It does not permit a person to sleep in, or use for residential purposes or for any other purpose, a room, wholly or in part, that could make the school unsanitary.

(3) A school for teaching barbering may not be granted a license unless the school maintains a school term of not less than 1,100 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(4) A school for teaching barbering nonchemical may not be granted a license unless the school maintains a school term of not less than 900 hours for barbering nonchemical and a course of practical training and technical instruction equal to the requirements for board examinations.

(5) A school for teaching cosmetology may not be granted a license unless the school maintains a school term of not less than 1,500 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(6) A school for teaching electrology may not be granted a license unless the school maintains a school term of not less than 600 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(7) A school for teaching manicuring may not be granted a license unless the school maintains a school term of not less than 400 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(8) A school for teaching esthetics may not be granted a license unless the school maintains a school term of not less than 650 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(9) A school for teaching teachers may not be granted a license unless the school maintains a school term of not less than 650 hours and a course of practical training and technical instruction equal to the requirements for board examinations.

(10) Licenses for schools may be refused, revoked, or suspended as provided in 37-31-331 .

(11) The board shall require the person, firm, partnership, corporation, or other legal entity operating a school to furnish a bond or other similar security in the amount of $5,000 and in a form and manner prescribed by the board by rule.
Mont. Code Ann. § 37-43-307 — MT Code / Title 37 / Chapter 43 / Part 3 / Section 37-43-307
37-43-307 Annual renewal -- fee -- revocation for nonrenewal
Status: in_force

37-43-307 . Annual renewal -- fee -- revocation for nonrenewal. (1) The term for licenses issued under this chapter is from July 1 of each year through the following June 30. After the payment of the initial fee under 37-43-303 , a licensee shall pay, before the first day of each license year, a renewal fee as prescribed by the board.

(2) Subject to subsection (3), if a licensee does not apply for renewal of the license before the first day of a license year and remit to the department the renewal fee, the license must be suspended by the board. Subject to subsection (3), if the license remains suspended for a period of more than 30 days after the first day of a license year, it must be revoked by the board. However, the department, prior to this revocation, shall notify the licensee of the board's intention to revoke at least 10 days prior to the time set for action to be taken by the board on the license, by mailing notice to the licensee at the address appearing for the licensee in the records and files of the department. A license once revoked may not be reinstated unless it appears that an injustice has occurred indicating to the board that the licensee was not guilty of negligence or laches. If a person whose license has been revoked through the person's own fault desires to engage in the business of water well drilling or monitoring well construction in this state or contracting for those services, the person shall apply under 37-43-303 . Notice of suspension must be given to a licensee when the suspension occurs.

(3) This section may not be interpreted to conflict with the provisions of 37-1-138 .
Mont. Code Ann. § 37-18-104 — MT Code / Title 37 / Chapter 18 / Part 1 / Section 37-18-104
37-18-104 Exemptions -- rules
Status: in_force

37-18-104 . Exemptions -- rules. (1) This chapter does not apply to:

(a) a veterinarian in the performance of the veterinarian's official duties, either civil or military, in the service of the United States unless the veterinarian is engaged in the practice of veterinary medicine in a private capacity;

(b) laboratory technicians and veterinary research workers, as distinguished from veterinarians, in the employ of this state or the United States and engaged in labors in laboratories under the direct supervision of the board of livestock, Montana state university-Bozeman, or the United States;

(c) a veterinarian practicing in another state or country and authorized under the laws of that state or country to practice veterinary medicine, whose practice in this state is limited to an occasional case as that term is defined in board rule. The board may, by rule, define conditions in which a veterinary technician licensed or registered in another state may engage in occasional veterinary technician tasks in this state, as provided in 37-18-702 .

(d) the employment of a veterinary medical student who has successfully completed 3 years of the professional curriculum in veterinary medicine at a college having educational standards equal to those approved by the American veterinary medical association, if the student is employed by and works under the immediate supervision of a veterinarian licensed and registered under this chapter;

(e) a person advising with respect to or performing acts that the board defines by rule as accepted livestock management practices; or

(f) a veterinary dispensing technician who is registered and subject to Title 37, chapter 18, part 8.

(2) The operations known and designated as castrating or dehorning of cattle, sheep, horses, and swine are not the practice of veterinary medicine within the meaning of this chapter.

(3) Nonsurgical embryo transfers in bovines may be performed under the indirect supervision of a veterinarian licensed and residing in Montana. At a minimum, board rules regarding nonsurgical embryo transfers in bovines must address:

(a) minimum education requirements;

(b) minimum requirements of practical experience;

(c) continuing education requirements;

(d) limitations on practices and procedures that may be performed by certified individuals;

(e) the use of specific drugs necessary for safe and proper practice of certified procedures;

(f) content and administration of the certification test, including written and practical testing;

(g) application and reexamination procedures; and

(h) conduct of certified individuals, including rules for suspension, revocation, and denial of certification.

(4) This chapter does not prohibit a person from caring for and treating the person's own farm animals or being assisted in this treatment by the person's full-time employees, as defined in 2-18-601 , employed in the conduct of the person's business or by other persons whose services are rendered gratuitously in case of emergency.

(5) This chapter does not prohibit the selling of veterinary remedies and instruments by a registered pharmacist at the pharmacist's regular place of business.

(6) This chapter does not prohibit an employee of a licensed veterinarian from performing activities determined by board rule to be acceptable, when performed under the direct, immediate, or indirect supervision of the employing veterinarian. The board shall adopt rules regarding which veterinary practices may be performed under direct, immediate, or indirect supervision by a licensed veterinary technician.

(7) This chapter does not prohibit an employee of a licensed veterinarian from rendering care for that veterinarian's animal patients in cases of emergency. Permissible emergency employee activities under this subsection include activities determined by board rule to be acceptable but do not include the performance of surgery or the rendering of diagnoses.

(8) This chapter does not prohibit a certified agency from possessing, or a certified euthanasia technician from administering, any controlled substance authorized by the board for the purpose of euthanasia pursuant to part 6 of this chapter.
Mont. Code Ann. § 37-19-808 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-808
37-19-808 Inspection of cemeteries and audit of cemetery companies
Status: in_force

37-19-808 . Inspection of cemeteries and audit of cemetery companies. (1) For each cemetery examined or each cemetery company audited as provided in 37-19-807 and in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule. When an examination or inspection is ordered by the board, the cemetery company shall pay, at the state per diem rate, travel expenses, meals, and lodging for each day that a member of the board or an authorized examiner spends in examining the physical condition or appearance of a cemetery. Once audited, a cemetery company may not be required to submit to an audit at the request of the board for a period of 5 years unless complaints have resulted in a formal notice of disciplinary action by the department against the cemetery company.

(2) (a) In lieu of any financial examination that the board is authorized to make, the board may accept the audit of an independent certified or registered public accountant if the board has notified the cemetery company that the audit would be acceptable and the cemetery company has notified the board in writing that the audit will be prepared.

(b) The scope of the audit allowed under subsection (2)(a) must be at least equal to the scope of the examination required by the board.
Mont. Code Ann. § 37-67-322 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-322
37-67-322 Application -- contents -- fees
Status: in_force

37-67-322 . Application -- contents -- fees. An application must include a completed form that must be accompanied by a nonrefundable application fee prescribed by the board and all other required supplemental documents and information. The form must be approved by the department.
Mont. Code Ann. § 37-67-304 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-304
37-67-304 Local government not to impose fee or examination
Status: in_force

37-67-304 . Local government not to impose fee or examination. A license fee or examination may not be imposed by a local government on a person licensed under this chapter to practice engineering or land surveying.
Mont. Code Ann. § 37-45-301 — MT Code / Title 37 / Chapter 45 / Part 3 / Section 37-45-301
37-45-301 Unprofessional conduct -- rulemaking authority
Status: in_force

37-45-301 . (Effective January 1, 2026) Unprofessional conduct -- rulemaking authority. (1) The following is unprofessional conduct for a construction contractor licensee, a license applicant, or on behalf of the licensee as an individual listed in 37-45-201 (1)(d):

(a) fraud, misrepresentation, deception, or concealment of a material fact in:

(i) applying for or assisting in securing a license or license renewal;

(ii) advertising;

(iii) written communications with a client; or

(iv) a contract, written contract negotiations, or in written communications with a person with whom the licensee has a contract;

(b) misappropriating funds from a client;

(c) interference with an investigation into a construction contractor license by the department by:

(i) failure to respond or cooperate with requests from the department;

(ii) willful misrepresentation of facts relevant to the investigation; or

(iii) use of threats or harassment against a client or witness to prevent the client or witness from providing evidence to the department;

(d) hiring or classifying a person as an independent contractor if:

(i) the person does not have an independent contractor exemption certificate if required by 39-71-417 ;

(ii) the department has suspended, revoked, or denied the person's independent contractor exemption certificate; or

(iii) the person is hired to work in a trade, business, occupation, or profession that is not listed on the independent contractor exemption certificate;

(e) allowing an independent contractor to perform work not in the trade, business, occupation, or profession listed on their independent contractor exemption certificate; or

(f) failing to comply with:

(i) the Workers' Compensation Act, Title 39, chapter 71;

(ii) the Unemployment Insurance Law, Title 39, chapter 51; or

(iii) the wage payment, minimum wage, and overtime payment provisions of Title 39, chapter 3.

(2) (a) Failure to comply with the provisions of this section constitutes unprofessional conduct, and the provisions of 37-1-402 apply. The provisions of 37-1-410 do not apply to a construction contractor license or license applicant under this chapter.

(b) The department may adopt additional unprofessional conduct standards by rule.
Mont. Code Ann. § 37-1-123 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-123
37-1-123 Appointment -- qualifications -- terms
Status: in_force

37-1-123 . Appointment -- qualifications -- terms. (1) The governor shall appoint the members of a board designated under 2-15-1730 through 2-15-1782 in accordance with this section and with the consent of the senate.

(2) (a) The governor has the authority to remove members of the board with reasonable cause, including but not limited to documented misconduct, incompetence, or neglect of duty.

(b) A person removed from a board by the governor may request reconsideration of the removal. The request for reconsideration must be submitted to the governor within 14 days of the removal. The governor has 14 days to rescind or reaffirm the removal from the board.

(3) Each board must be composed of professional and public members.

(4) (a) Each professional member of a board, while serving as a board member:

(i) must be a resident of this state and at least 18 years of age; and

(ii) must be currently practicing in the profession or occupation and have an active license in this state for at least 1 year and in good standing for the profession or occupation in which the member is appointed to serve.

(b) For the purposes of subsection (4)(a), "good standing" means an active license unencumbered by a final order of disciplinary action or administrative suspension.

(5) (a) Each public member of the board must be a resident of this state and at least 18 years of age.

(b) A public member may not be:

(i) the spouse, parent, or child of a current or former licensee of the board; or

(ii) a person who currently or within the 3 years prior to appointment had any material financial interest in the provision of professional services or engaged in any activity related to the practice of the profession regulated by the board on which the public member is appointed to serve, except as a consumer.

(6) Each board member shall maintain eligibility to serve on the board by avoiding or disclosing conflicts of interest or relationships that would interfere with the board mission of public protection.

(7) A board member may not have a financial interest in the provision of continuing education to any licensee if that continuing education is required by statute or rule.

(8) Each member of the board shall annually attest to having completed coursework or training of a duration and covering content provided by the department to address relevant regulatory issues, including role of the board, role of the board member, conflict of interest, competition, administrative procedures, enforcement, and immunity.

(9) Except as provided in subsection (10), board members must be appointed by the governor with the consent of the senate for a term of 4 years unless appointed to fill a vacancy that occurs prior to the expiration of a former member's full term. A member appointed to fill a vacancy under this section shall serve the remaining portion of the unexpired term. Appointments made when the legislature is not in session must be confirmed at the next regular legislative session.

(10) The terms of the board members begin on July 1 and are staggered. Subject to 2-16-213 , each member shall serve until the expiration of their term unless the member cannot serve because of removal or resignation from board membership.

(11) A member may serve two consecutive full terms and may not be reappointed within 4 years of the completion of the member's second consecutive full term except in cases when no qualified applications are received for membership on the board. For the purposes of this section, an appointment to fill an unexpired term does not constitute a full term.
Mont. Code Ann. § 37-51-202 — MT Code / Title 37 / Chapter 51 / Part 2 / Section 37-51-202
37-51-202 General licensing power
Status: in_force

37-51-202 . General licensing power. The board may regulate the issuance of licenses and revoke or suspend licenses issued under this chapter.
Mont. Code Ann. § 37-1-125 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-125
37-1-125 Contingent litigation fund -- uses -- fees -- rulemaking authority
Status: in_force

37-1-125 . (Temporary) Contingent litigation fund -- uses -- fees -- rulemaking authority. (1) There is an account in the state special revenue fund for contingent litigation fees. The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of labor and industry and must be used to pay the legal fees and costs associated with the discipline of a license issued by a licensing board created under Title 2, chapter 15, part 17, or a licensing program recognized by 37-1-401 .

(a) Fees and costs may only be paid from the fund if the actual fees and costs of the disciplinary proceeding exceed $15,000. Subject to the availability of funds, money may be transferred to the board or program for all fees and costs exceeding $15,000.

(b) The fees and costs may continue to be paid from the fund if the board or program becomes ineligible to participate in the fund pursuant to subsection (4).

(c) The department is authorized to make rules relating to the distribution of the fund, including the priority to the allocation of the fund.

(2) The department may not use the funding provided in this section to pay costs, fees, penalties, or sanctions ordered against a board or program.

(3) The department is authorized to set a fee by rule that:

(a) (i) may not exceed $25 a year for each licensee;

(ii) must be paid by licensees as part of their initial or renewal application fee; and

(iii) must be the same for all licenses of boards subject to this section;

(b) may not be collected in any fiscal year in which the total fund balance on March 31 exceeds $300,000; and

(c) is solely applicable to licensees of boards or programs identified in subsection (4).

(4) A board or program with revenue of $200,000 or less based on a preceding fiscal 3-year rolling average is subject to this section.

(5) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account. (Terminates June 30, 2031--sec. 5, Ch. 129, L. 2025.)
Mont. Code Ann. § 37-51-309 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-309
37-51-309 Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association
Status: in_force

37-51-309 . Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association. (1) A salesperson may not be associated with, be under contract to, or perform services for more than one supervising broker, except on a temporary basis as provided in 37-51-302 .

(2) (a) If a licensed salesperson desires to change association or contractual relationship from one supervising broker to another, the salesperson shall notify the department promptly in writing and pay the required fee.

(b) The successor supervising broker shall notify the department in writing of acceptance of the salesperson.

(c) After the department receives written acceptance of the salesperson from the successor supervising broker, the department shall issue a new license to the salesperson and a new endorsement to the supervising broker. A salesperson may not directly or indirectly work for or with a supervising broker until the salesperson has been issued a license to work for or with that supervising broker.

(3) (a) If a licensed salesperson chooses to change association or contractual relationship from the salesperson's supervising broker, but the salesperson does not have another supervising broker who has accepted supervision of the salesperson, the salesperson shall notify the department promptly in writing, at which time the salesperson's license will automatically be put on inactive status.

(b) When the conditions in subsection (3)(a) apply, the department may not charge a fee for the change in status.

(c) The salesperson may not practice during a time when the salesperson has no supervising broker or when the salesperson's license is on inactive status.

(4) A supervising broker who wishes to terminate supervision of a salesperson shall notify the salesperson in advance or concurrently with notification to the board. Termination of supervision by the supervising broker is not effective under this subsection until the supervising broker has notified both the salesperson and the board.

(5) Only one license issued to a salesperson is in effect at one time.

(6) (a) The provisions of this chapter do not prohibit a salesperson from engaging in for-sale-by-owner personal transactions, and the provisions of this chapter do not require a supervising broker to exercise any supervision or provide any training for a salesperson with respect to for-sale-by-owner personal transactions of the salesperson.

(b) A supervising broker or real estate firm is not responsible or liable for the for-sale-by-owner personal transactions of a salesperson.

(c) Prior to entering into a for-sale-by-owner personal transaction, the salesperson shall disclose in writing to the other party that the transaction is a for-sale-by-owner personal transaction with respect to the salesperson and that the transaction does not involve the salesperson's supervising broker or real estate firm.

(d) A supervising broker or real estate firm is not responsible or liable for the failure of a salesperson to provide the disclosure required in subsection (6)(c).

(7) For the purposes of this section, "for-sale-by-owner personal transaction" includes the following:

(a) the sale, purchase, or exchange of real property owned or acquired by the salesperson; and

(b) the leasing or renting of real property owned by the salesperson.
Mont. Code Ann. § 37-15-315 — MT Code / Title 37 / Chapter 15 / Part 3 / Section 37-15-315
37-15-315 Scope of telehealth -- requirements
Status: in_force

37-15-315 . Scope of telehealth -- requirements. (1) The quality of services provided through telehealth must be equivalent to the quality of audiology or speech-language pathology services that are provided in person and must conform to all existing state, federal, and institutional professional standards, policies, and requirements for audiologists and speech-language pathologists.

(2) Technology used to provide telehealth, including but not limited to equipment, connectivity, software, hardware, and network compatibility, must be appropriate for the service being delivered and must address the unique needs of each patient. Audio and video quality utilized in telehealth must be sufficient to deliver services that are equivalent to services that are provided in person. A person providing telehealth services is responsible for calibrating clinical instruments in accordance with standard operating procedures and the manufacturer's specifications.

(3) A person providing telehealth services shall comply with all state and federal laws, rules, and regulations governing the maintenance of patient records, including maintaining patient confidentiality and protecting sensitive patient data.

(4) A person providing telehealth services shall conduct an initial assessment of each patient's candidacy for telehealth, including the patient's behavioral, physical, and cognitive abilities to participate in services provided through telehealth. Telehealth may not be provided only through written correspondence.

(5) At a minimum, a person providing telehealth services shall provide a notice of telehealth services to each patient and, if applicable, the patient's guardian, caregiver, or multidisciplinary team. The notification must provide that a patient has the right to refuse telehealth services and has options for service delivery and must include instructions on filing and resolving complaints.
Mont. Code Ann. § 37-73-201 — MT Code / Title 37 / Chapter 73 / Part 2 / Section 37-73-201
37-73-201 License required
Status: in_force

37-73-201 . License required. (1) A person may not engage in the work of an elevator mechanic or elevator inspector or engage in the business of an elevator contractor unless the person has received a license from the department.

(2) A person who receives a license under the provisions of this chapter shall carry the license or proof of licensure at all times while working on a job site and performing work that requires a license. Acceptable proof of licensure must be determined by the department and be made known to each licensee when a license is issued.

(3) The department shall establish license fees and license renewal fees that are commensurate with the costs of administering the licensing provisions of this chapter.
Mont. Code Ann. § 37-3-305 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-305
37-3-305 Qualifications for licensure
Status: in_force

37-3-305 . Qualifications for licensure. (1) Except as provided in subsection (2), the board shall grant a physician's license to practice medicine in this state to an applicant who:

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

(b) is a graduate of an approved medical school as defined in 37-3-102 ;

(c) possesses one or more of the [following] qualifications:

(i) has completed PGY-1 of an approved residency program, provided the individual remains enrolled and in good standing throughout the residency program;

(ii) has completed an approved residency program; or

(iii) for an applicant who graduated from medical school prior to 2000, has experience or training that the board determines is at least the equivalent of an approved residency program;

(d) has passed all of the steps of the United States medical licensing examination, the federation of state medical boards' federation licensing examination, or an examination offered by any of the following entities:

(i) the national board of medical examiners or its successors;

(ii) the national board of osteopathic medical examiners or its successors;

(iii) the medical council of Canada or its successors if the applicant is a graduate of a Canadian medical school approved by the medical council of Canada or its successors; or

(iv) the educational commission for foreign medical graduates or its successors if the applicant is a graduate of a foreign medical school outside of the United States and Canada;

(e) has submitted a completed application with the required nonrefundable fee; and

(f) is able to communicate in the English language as determined by the board.

(2) The board may authorize the department to issue the license subject to terms of probation or other conditions or limitations set by the board or may refuse a license if the applicant has committed unprofessional conduct or is otherwise unqualified.

(3) A physician applying for expedited licensure in another state as allowed under 37-3-356 shall submit fingerprints to the board to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.

(4) The board may by rule impose additional requirements for licensure to protect the health and safety of the public or to enter into a mutual recognition licensing agreement with another state.

(5) The board may adopt rules that provide conditions for short-term nondisciplinary licenses.
Mont. Code Ann. § 37-19-803 — MT Code / Title 37 / Chapter 19 / Part 8 / Section 37-19-803
37-19-803 Application of this part -- exceptions
Status: in_force

37-19-803 . Application of this part -- exceptions. (1) This part applies to:

(a) all cemeteries and burial grounds located in the state of Montana unless the cemetery is owned and operated by:

(i) a church or similar religious organization;

(ii) a municipality or county government;

(iii) a family, as a private family burial ground where lots are not offered for sale; or

(iv) a community nonprofit association in which persons other than the bookkeeper and maintenance crew are not entitled to receive any pecuniary profit; and

(b) trust funds established for:

(i) cemetery perpetual care and maintenance funds; and

(ii) contracted prearranged funeral or related services under a preneed contract.

(2) This part does not apply to contracts for prearranged funeral or related services funded through insurance.
Mont. Code Ann. § 37-43-204 — MT Code / Title 37 / Chapter 43 / Part 2 / Section 37-43-204
37-43-204 Earmarked money for board expenses -- expenditure of funds from bonds
Status: in_force

37-43-204 . Earmarked money for board expenses -- expenditure of funds from bonds. (1) All money collected under this chapter must be deposited in the state special revenue fund and may be used only for the purpose of paying expenses of the board. Except for funds received from bonds in subsection (2), the money must be appropriated by the legislature before it may be expended by the board. Income and interest from investment of the money in the state special revenue fund that are collected under this chapter must be credited to the board.

(2) The board may accept and expend all funds received from bonds required by 37-43-306 . The funds must be used to remedy defects in water wells, to compensate for damages caused by violations of this chapter or the rules of the board, or to pay any administrative costs incurred by the board under 37-43-309 , 37-43-310 , and 37-43-313 . These funds, other than those to pay any administrative costs, are statutorily appropriated as provided in 17-7-502 .
Mont. Code Ann. § 37-43-102 — MT Code / Title 37 / Chapter 43 / Part 1 / Section 37-43-102
37-43-102 Definitions
Status: in_force

37-43-102 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Apprentice water well driller" means an individual who is learning the trade of water well drilling and performs labor and services for a licensed water well contractor and whose duties are directly related to well drilling or drilling rig operation.

(2) "Board" means the board of water well contractors provided for in 2-15-3307 .

(3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(4) "Geotechnical boring" means a hole intended solely to determine the composition, stability, density, movement, pressure, stratigraphy, or other physical properties of soil or rock.

(5) (a) "Monitoring well" means a well that is used for pollutant recovery or monitoring ground water quality, ground water levels, or flow direction, but whose primary purpose is not the withdrawal or acquisition of ground water.

(b) The term does not include geotechnical borings, perk test holes, and ground water exploration holes that are used to determine suitability of onsite sewage disposal by septic tank drain fields or lagoons.

(6) "Monitoring well constructor" means a natural person who installs monitoring wells.

(7) (a) "Water well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed and intended for the location, diversion, artificial recharge, or acquisition of ground water.

(b) The term does not include:

(i) spring development or excavations, by backhoe or otherwise, for recovery and use of surface waters or for the purpose of stock watering or irrigation when the depth is 25 feet or less; or

(ii) an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying or for inserting media to repressure oil- or natural-gas-bearing formations or for storing petroleum, natural gas, or other products.

(8) "Water well contractor" or "contractor" means a natural person who contracts on behalf of a firm, corporation, partnership, or other business entity to construct, alter, or rehabilitate a water well on lands other than the person's own for compensation.

(9) "Water well driller" or "driller" means any person, other than an apprentice, at a drilling site causing a water well to be drilled, altered, or rehabilitated.
Mont. Code Ann. § 37-55-104 — MT Code / Title 37 / Chapter 55 / Part 1 / Section 37-55-104
37-55-104 Standards of home inspection practice
Status: in_force

37-55-104 . (Effective January 1, 2026) Standards of home inspection practice. (1) A home inspector shall issue a written home inspection report to a client after completing a home inspection unless the client agrees in writing to release the home inspector from this obligation.

(2) The home inspection report must clearly identify and describe:

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

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

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

(3) A home inspector may not:

(a) accept compensation from more than one party with a financial interest in the residential dwelling without written approval from all parties with a financial interest in the residential dwelling;

(b) accept a commission or allowance, directly or indirectly, from another individual or business entity associated with the client in connection with work for which the home inspector is responsible to the client; or

(c) refuse or otherwise fail to disclose promptly to a client information about any business interest or relationship of the home inspector that may affect the client in connection with a home inspection.
Mont. Code Ann. § 37-8-419 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-419
37-8-419 Title and abbreviation of licensed practical nurse
Status: in_force

37-8-419 . Title and abbreviation of licensed practical nurse. Any person who holds a valid license to practice as a licensed practical nurse in this state shall have the right to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N.".
Mont. Code Ann. § 37-29-103 — MT Code / Title 37 / Chapter 29 / Part 1 / Section 37-29-103
37-29-103 Association with dentists permitted
Status: in_force

37-29-103 . Association with dentists permitted. A licensed denturist may enter into any lawful agreement with a dentist regarding fees, compensation, and business association.
Mont. Code Ann. § 37-15-102 — MT Code / Title 37 / Chapter 15 / Part 1 / Section 37-15-102
37-15-102 Definitions
Status: in_force

37-15-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Audiologist" means a person who practices audiology and who meets the qualifications set forth in this chapter. A person represents to the public that the person is an audiologist by incorporating in any title or description of services or functions that the person directly or indirectly performs the words "audiologist", "audiology", "audiometrist", "audiometry", "audiological", "audiometrics", "hearing clinician", "hearing clinic", "hearing therapist", "hearing therapy", "hearing center", "hearing aid audiologist", or any similar title or description of services.

(2) "Audiology assistant" means any person meeting the minimum requirements established by the board of physical, rehabilitative, and developmental health care professionals who works directly under the supervision of a licensed audiologist.

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

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

(5) "Facilitator" means a trained individual who is physically present with the patient and facilitates telehealth at the direction of an audiologist or speech-language pathologist. A facilitator may be but is not limited to an audiology assistant or a speech-language pathology assistant.

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

(7) "Patient" means a consumer of services from an audiologist, a speech-language pathologist, a speech-language pathology assistant, or an audiology assistant, including a consumer of those services provided through telehealth.

(8) "Practice of audiology" means nonmedical diagnosis, assessment, and treatment services relating to auditory and vestibular disorders as provided by board rule and includes the ordering, selling, dispensing, and fitting of over-the-counter hearing aids and prescription hearing aids.

(9) "Practice of speech-language pathology" means nonmedical diagnosis, assessment, and treatment services relating to speech-language pathology as provided by board rule.

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

(11) "Speech-language pathologist" means a person who practices speech-language pathology and who meets the qualifications set forth in this chapter. A person represents to the public that the person is a speech-language pathologist by incorporating in any title or description of services or functions that the person directly or indirectly performs the words "speech pathologist", "speech pathology", "speech correctionist", "speech corrections", "speech therapist", "speech therapy", "speech clinician", "speech clinic", "language pathologist", "language pathology", "voice therapist", "voice therapy", "voice pathologist", "voice pathology", "logopedist", "logopedics", "communicologist", "communicology", "aphasiologist", "aphasiology", "phoniatrist", "language therapist", "language clinician", or any similar title or description of services or functions.

(12) "Speech-language pathology assistant" means a person meeting the minimum requirements established by the board who works directly under the supervision of a licensed speech-language pathologist.

(13) "Telehealth" has the meaning provided in 37-2-305 .
Mont. Code Ann. § 37-47-301 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-301
37-47-301 License required -- services performed -- standards
Status: in_force

37-47-301 . License required -- services performed -- standards. (1) A person may not act as an outfitter or guide or advertise or otherwise represent to the public that the person is an outfitter or guide without first securing a license in accordance with the provisions of this part.

(2) Whenever an outfitter is engaged by a participant, the outfitter shall keep records as required by the board.

(3) Outfitters, guides, and other employees of an outfitter may not shoot, kill, or take big game animals for or in competition with those employing them while acting as outfitters, guides, or employees of an outfitter.

(4) Outfitters utilizing lands under the control of the United States government shall obtain the proper permits required by the government office responsible for the area in which the outfitter intends to operate and shall comply with all applicable rules and regulations established for these lands.

(5) Outfitters may not willfully and substantially misrepresent their facilities, prices, equipment, services, or hunting or fishing opportunities.

(6) Outfitters and their contractors, employees, agents, and representatives shall take every reasonable measure to provide the outfitter's advertised services.

(7) An outfitter may not hire or retain a guide who does not hold a current license as provided under this part.
Mont. Code Ann. § 37-11-303 — MT Code / Title 37 / Chapter 11 / Part 3 / Section 37-11-303
37-11-303 Qualifications of applicants for license
Status: in_force

37-11-303 . Qualifications of applicants for license. (1) To be eligible for a license as a physical therapist, an applicant must:

(a) be of good moral character and at least 18 years of age;

(b) have graduated from an accredited school of physical therapy approved by the board; and

(c) pass to the satisfaction of the board a written or computerized examination prescribed by the board.

(2) To be eligible for a physical therapist assistant license, an applicant must:

(a) be of good moral character and at least 18 years of age;

(b) have graduated from an accredited physical therapist assistant curriculum approved by the board; and

(c) have passed a written or computerized examination prescribed by the board.
Mont. Code Ann. § 37-18-302 — MT Code / Title 37 / Chapter 18 / Part 3 / Section 37-18-302
37-18-302 Application -- qualification
Status: in_force

37-18-302 . Application -- qualification. A person desiring to begin the practice of veterinary medicine or veterinary surgery in this state or who desires to hold out to the public that the person is a practitioner of veterinary medicine or veterinary surgery, except as provided in 37-18-104 , shall apply to the department for a license to do so. The application must be on a form furnished by the department, must be accompanied by satisfactory evidence of the good moral character of the applicant, and must contain evidence of the applicant's having received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American veterinary medical association. On application, a certified transcript of the applicant must be submitted to the department for inspection and verification. The certified transcript remains the property of the department.
Mont. Code Ann. § 37-67-312 — MT Code / Title 37 / Chapter 67 / Part 3 / Section 37-67-312
37-67-312 Licensure of professional engineers without examination by comity
Status: in_force

37-67-312 . Licensure of professional engineers without examination by comity. A person holding a license or certificate of registration to engage in the practice of engineering 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 37-67-323 , and has passed the principles and practices of engineering examination. An applicant whose initial licensure in another state does not meet the experience requirements of 37-67-323 must be required to demonstrate 2 years of postlicensure experience for each year of prelicensure deficiency.
Mont. Code Ann. § 37-54-509 — MT Code / Title 37 / Chapter 54 / Part 5 / Section 37-54-509
37-54-509 Certification to board -- appraisal panel members
Status: in_force

37-54-509 . Certification to board -- appraisal panel members. Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system and process in place to verify that all appraisers on the appraisal panel of the appraisal management company are licensed or certified in this state pursuant to this chapter.
Mont. Code Ann. § 37-47-303 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-303
37-47-303 Guide's qualifications
Status: in_force

37-47-303 . Guide's qualifications. (1) An applicant for a guide's license must:

(a) be 18 years of age or older and be physically capable and mentally competent to perform the duties of a guide;

(b) be endorsed and recommended by an outfitter with a valid license, unless otherwise qualified under guide standards established by the board pursuant to 37-47-201 (4); and

(c) have been issued a valid conservation license.

(2) An application for renewal of a guide license must be signed by an outfitter employing a guide. If the application for renewal is not signed as required by this subsection, the application must be denied.
Mont. Code Ann. § 37-8-406 — MT Code / Title 37 / Chapter 8 / Part 4 / Section 37-8-406
37-8-406 License -- professional nursing -- examination
Status: in_force

37-8-406 . License -- professional nursing -- examination. (1) An applicant for a license to practice as a registered professional nurse is required to pass a written examination in subjects the board determines necessary. A written examination may be supplemented by an oral or practical examination. The board may use any national standardized examination for professional nurse licensure identified in its rules. The passing score on such examination shall be established by the board in its rules. On successfully passing the examination, an applicant shall be issued a license to practice professional nursing.

(2) The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing and subsequent writing.
Mont. Code Ann. § 37-1-124 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-124
37-1-124 Board organization -- meetings -- compensation -- department allocation
Status: in_force

37-1-124 . Board organization -- meetings -- compensation -- department allocation. (1) The board shall annually elect a presiding officer and a vice presiding officer to serve in the absence of the presiding officer. The presiding officer shall preside at all meetings of the board and perform duties customarily associated with the position. The presiding officer may establish board committees to further board business and designate board members as committee members.

(2) A presiding officer elected by the board shall serve a 1-year term commencing at the conclusion of the meeting at which the presiding officer is elected and ending on the election of their successor. A presiding officer may serve no more than four consecutive 1-year terms.

(3) The board shall meet at least annually to conduct business. A majority of the membership of the board constitutes a quorum to conduct business.

(4) Members of the board are entitled to compensation and travel expenses as provided in 37-1-133 .

(5) A board designated under 2-15-1730 through 2-15-1782 is allocated to the department for administrative purposes only, as prescribed in 2-15-121 .
Mont. Code Ann. § 37-17-405 — MT Code / Title 37 / Chapter 17 / Part 4 / Section 37-17-405
37-17-405 Autonomy -- supervision authority
Status: in_force

37-17-405 . Autonomy -- supervision authority. (1) A behavior analyst licensed under this part has treatment authority for the practice of applied behavior analysis.

(2) An assistant behavior analyst or a behavior technician when engaged in the practice of applied behavior analysis must be supervised by:

(a) a behavior analyst licensed under this part; or

(b) a licensed psychologist certified by the American board of professional psychology in behavioral and cognitive psychology.
Mont. Code Ann. § 37-31-101 — MT Code / Title 37 / Chapter 31 / Part 1 / Section 37-31-101
37-31-101 Definitions
Status: in_force

37-31-101 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Affiliated" is an individual who owns more than 20% of or is employed 32 hours or more weekly at a school licensed under this chapter.

(2) "Barber" means a person licensed under this chapter to engage in the practice of barbering.

(3) "Barbering" means any of the following practices performed for payment, either directly or indirectly, on the human body for tonsorial purposes and not performed for the treatment of disease or physical or mental ailments:

(a) shaving or trimming a beard;

(b) cutting, styling, coloring, or waving hair;

(c) straightening hair by the use of chemicals;

(d) giving facial or scalp massages, including treatment with oils, creams, lotions, or other preparations applied by hand or mechanical appliance;

(e) shampooing hair, applying hair tonic, or bleaching or highlighting hair; or

(f) applying cosmetic preparations, antiseptics, powders, oils, lotions, or gels to the scalp, face, hands, or neck.

(4) "Barber nonchemical" means a person licensed under this chapter to engage in the practice of barbering nonchemical.

(5) "Barbering nonchemical" means the practice or teaching of barbering as provided in subsection (3) but excludes the use of chemicals to wave, straighten, color, bleach, or highlight hair.

(6) "Board" means the board of barbers and cosmetologists provided for in 2-15-1747 .

(7) "Booth" means any part of a salon or shop that is rented or leased for the performance of barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring services, as provided for in 39-51-204 .

(8) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.

(9) (a) "Cosmetology" means work included in the terms "hairdressing", "manicuring", "esthetics", and "beauty culture" when the work is done for the embellishment, cleanliness, and beautification of the hair and body.

(b) The term may not be construed to include itinerant cosmetologists who perform their services without compensation for demonstration purposes in any regularly established store or place of business holding a license from the state as a store or place of business.

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

(11) "Electrologist" means a person licensed under this chapter to engage in the practice of electrology.

(12) (a) "Electrology" means the study of and the professional practice of permanently removing superfluous hair by destroying the hair roots through passage of an electric current with an electrified needle. Electrology includes electrolysis and thermolysis. Electrology may include the use of waxes for epilation and the use of chemical depilatories.

(b) The term does not include pilethermology, which is the study and professional practice of removing superfluous hair by passage of radio frequency energy with electronic tweezers and similar devices.

(13) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.

(14) "Esthetics" means skin care of the body, including but not limited to hot compresses or the use of safety-approved electrical appliances or chemical compounds formulated for professional application only and the temporary removal of superfluous hair by means of lotions, creams, or mechanical or electrical apparatus or appliances on another person.

(15) "Manicuring" includes care of the nails, the hands, the lower arms, the feet, and the lower legs and the application and maintenance of artificial nails.

(16) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.

(17) (a) "Natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with mechanical devices, including:

(i) the use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, or other hair accessories;

(ii) the minor trimming of natural hair or hair extensions incidental to the twisting, wrapping, weaving, extending, locking, or braiding of hair; and

(iii) the making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions.

(b) The term includes the use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos.

(c) (i) The term does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair or the use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.

(ii) The term does not mean the practice of cosmetology.

(18) "Place of residence" means a home and the following residences defined under 50-5-101 :

(a) an assisted living facility;

(b) an intermediate care facility for the developmentally disabled;

(c) a hospice;

(d) a critical access hospital;

(e) a long-term care facility; or

(f) a residential treatment facility.

(19) (a) "Salon or shop" means the physical location in which a person licensed under this chapter practices barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring.

(b) The term does not include a room provided in a place of residence that is used for the purposes of barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring unless the owner, manager, or operator allows the room to be used for the practice of barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring to serve nonresidents for compensation, in which case the room must be licensed as a salon or a shop.

(20) "School" means a location approved by the board for training persons for licensure as provided for in 37-31-311 .

(21) "Student teacher" means an individual enrolled in a teacher training course as provided for under 37-31-301 (1)(d).

(22) "Teacher" means a person licensed under 37-31-303 .

(23) "Teacher training" means a 650-hour course prescribed by the board by rule under this chapter.
Mont. Code Ann. § 37-4-515 — MT Code / Title 37 / Chapter 4 / Part 5 / Section 37-4-515
37-4-515 Hospital admissions -- patient histories and examinations
Status: in_force

37-4-515 . Hospital admissions -- patient histories and examinations. (1) For purposes of this section, "oral surgeon" means a dentist who has successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accreditation body approved by the United States office of education.

(2) A qualified oral surgeon who is a member of the medical staff of a hospital and who admits a patient to the hospital for oral or maxillofacial surgery may take the history and perform a physical examination of the patient if the patient has no known medical problems.

(3) This section does not affect hospital staff privileges of any hospital and may not be construed to require that any specific privilege, including taking a history or performing a physical examination, be extended or not extended to any oral surgeon.
Mont. Code Ann. § 37-3-211 — MT Code / Title 37 / Chapter 3 / Part 2 / Section 37-3-211
37-3-211 Executive officer
Status: in_force

37-3-211 . Executive officer. To perform services to the board in connection with the board's duties under this chapter, assist in prosecution and matters of license discipline, and administer the board's affairs, the department shall hire an executive officer.
Mont. Code Ann. § 37-3-312 — MT Code / Title 37 / Chapter 3 / Part 3 / Section 37-3-312
37-3-312 Issuance of license
Status: in_force

37-3-312 . Issuance of license. If the board determines that an applicant possesses the qualifications required by this chapter, the department shall issue a license to practice medicine.
Mont. Code Ann. § 37-10-203 — MT Code / Title 37 / Chapter 10 / Part 2 / Section 37-10-203
37-10-203 Compensation of members -- expenses -- deposit of moneys
Status: in_force

37-10-203 . Compensation of members -- expenses -- deposit of moneys. (1) Each member of the board is entitled to receive compensation and travel expenses as provided for in 37-1-133 .

(2) Money collected by the department shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101 (6).
Mont. Code Ann. § 37-2-307 — MT Code / Title 37 / Chapter 2 / Part 3 / Section 37-2-307
37-2-307 Medical or surgical transition for minors
Status: in_force

37-2-307 . Medical or surgical transition for minors. Failure of a health care professional, mental health professional, or physician to adhere to 50-4-1004 constitutes unprofessional conduct, with a mandatory minimum suspension of the ability to practice the person's profession for 1 year.
Mont. Code Ann. § 37-1-146 — MT Code / Title 37 / Chapter 1 / Part 1 / Section 37-1-146
37-1-146 Activated military personnel exemptions
Status: in_force

37-1-146 . Activated military personnel exemptions. (1) Upon notice and proof of deployment as described in this subsection, the department shall exempt licensees who deployed to federally funded active duty as military personnel for more than 90 consecutive days from:

(a) the payment of any license renewal or late renewal fees; and

(b) any continuing education or certification requirements or audits for a renewal cycle that falls within the period of active duty and within the 6 months following active duty.

(2) If a license in subsection (1) terminates as provided in 37-1-141 , the board or program may impose reasonable conditions to demonstrate competency as a condition to reactivate the license upon notice and opportunity for a hearing pursuant to 37-1-309 .
Mont. Code Ann. § 37-65-311 — MT Code / Title 37 / Chapter 65 / Part 3 / Section 37-65-311
37-65-311 Emeritus status
Status: in_force

37-65-311 . Emeritus status. (1) A licensee who no longer practices architecture may apply to the department for emeritus status.

(2) Upon receiving an application for emeritus status accompanied by the fee established by the board, the department shall issue a license of emeritus status to the applicant and record the applicant's name in the appropriate database as an emeritus licensee, along with the date on which the licensee received emeritus status.

(3) An emeritus licensee may retain but may not use the licensee's seal and may not practice architecture.

(4) The department shall reissue an active license to an emeritus licensee who pays all application fees, meets all current requirements for licensure, and demonstrates to the board's satisfaction that for the 2 years preceding the application for active licensure, the applicant has met requirements set by the board for maintaining professional competence.
Mont. Code Ann. § 37-42-303 — MT Code / Title 37 / Chapter 42 / Part 3 / Section 37-42-303
37-42-303 Operator of treatment plant or distribution system to be certified -- exemption
Status: in_force

37-42-303 . Operator of treatment plant or distribution system to be certified -- exemption. (1) Water and wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the department in a grade corresponding to the classification of that portion of the water or wastewater supply system to be supervised.

(2) However, this chapter does not prevent a governmental agency, corporation, or individual from continuing to employ in this capacity a person in responsible charge of the operation of such works on July 1, 1967. Certificates of proper classification may be issued without examination to the person or persons certified by the governing board or owner to have been in responsible charge of the water and wastewater plants and water distribution systems on July 1, 1967. A certificate so issued will be valid only in that plant.
Mont. Code Ann. § 37-29-401 — MT Code / Title 37 / Chapter 29 / Part 4 / Section 37-29-401
37-29-401 Standards of conduct and practice
Status: in_force

37-29-401 . Standards of conduct and practice. Each denturist shall comply with the following standards of practice:

(1) Each licensed denturist shall carry a current cardiopulmonary resuscitation card.

(2) Teeth and materials used must meet American dental association standards.

(3) Nonmetal full dentures must be permanently identified with the first and last name of the owner at the time of processing the dentures.
Mont. Code Ann. § 37-25-304 — MT Code / Title 37 / Chapter 25 / Part 3 / Section 37-25-304
37-25-304 Exemptions from licensure requirements
Status: in_force

37-25-304 . Exemptions from licensure requirements. This chapter does not prevent:

(1) a student or intern in an approved academic program from engaging in the practice of medical nutrition therapy if a qualified supervisor is available for direct supervision and if the student or intern does not represent to the public that the individual is a dietitian or a nutritionist;

(2) a physician or nurse licensed in this state from engaging in the practice of medical nutrition therapy when it is incidental to the practice of that profession;

(3) a person licensed under any other law of this state from engaging in the profession or business for which the person is licensed if the person does not represent to the public that the person is a dietitian or a nutritionist;

(4) an educator or adviser employed by a nonprofit agency acceptable to the board or by an accredited degree-granting institution or an accredited elementary or secondary school from engaging in an activity within the scope of the individual's salaried position;

(5) a dietitian or nutritionist who is serving in the armed forces or the United States public health service or is employed by the United States department of veterans affairs from engaging in the practice of medical nutrition therapy or using government-issued titles, provided the practice or title use is related to the service or employment;

(6) a person from furnishing general nutritional information, including dissemination of literature, as to the use of food, food materials, or dietary supplements or from engaging in the explanation as to the use of foods or food products, including dietary supplements, in connection with the marketing and distribution of those products if the person does not represent to the public that the person is a dietitian or a nutritionist;

(7) a person from furnishing general nutrition information or disseminating literature if the person does not represent to the public that the person is a dietitian or a nutritionist;

(8) a person who is employed by this state, a county, a municipal agency, or any other political subdivision or a person who contracts with this state, a county, a municipal agency, or any other political subdivision for the purposes of providing nutrition care services for the women, infants, and children food supplement program from providing nutrition care services or utilizing the title of "nutritionist" within the discharge of the person's official duties;

(9) a person who does not represent as a dietitian or nutritionist from providing medical weight control for obesity for any of the following:

(a) an instructional program that has been approved in writing by one or more of the following:

(i) a licensed nutritionist or licensed dietitian; or

(ii) a health care practitioner licensed or certified in this state whose authorized scope of practice includes medical nutrition therapy; or

(b) a plan of care that is overseen by a health professional licensed in this state whose scope of practice otherwise authorizes the health professional to provide and delegate medical nutrition therapy, so long as the medical weight control services are not discretionary and do not require the exercise of professional judgment;

(10) a person who does not represent as a dietitian or nutritionist who assists with the provision of medical nutrition therapy from performing only support activities that are not discretionary and that do not require the exercise of professional judgment for their performance, and the person is directly supervised by a licensed dietitian, licensed nutritionist, or a health care practitioner licensed in this state acting within the scope of the practitioner's license;

(11) a person from providing individualized nutrition recommendations for the wellness and primary prevention of chronic disease, health coaching, holistic and wellness education, guidance, motivation, behavior change management, services for nonmedical weight control, or other nutrition care services so long as the services do not constitute medical nutrition therapy and the person does not represent as a dietitian or nutritionist;

(12) an out-of-state dietitian or nutritionist from providing medical nutrition therapy services via telehealth to a patient located in this state if the out-of-state practitioner:

(a) is licensed or certified in good standing in any state or territory with a licensed or certified scope of practice that includes the provision of medical nutrition therapy and provides medical nutrition therapy services via telehealth:

(i) in consultation with a medical nutrition therapy practitioner licensed in this state who has a practitioner-patient relationship with the patient;

(ii) for a patient whom the practitioner has a current practitioner-patient relationship and the patient is temporarily present in this state; or

(iii) pursuant to a current practitioner-patient relationship and the care is limited to temporary or short-term follow-up medical nutrition therapy services to ensure continuity of care.

(b) by providing medical nutrition therapy via telehealth as described in subsection (12)(a), consents to the jurisdiction of the board.
Mont. Code Ann. § 37-69-311 — MT Code / Title 37 / Chapter 69 / Part 3 / Section 37-69-311
37-69-311 License of retirement status
Status: in_force

37-69-311 . License of retirement status. (1) A licensee who no longer practices plumbing may apply to the department for retirement status.

(2) Upon receiving an application for retirement status accompanied by the fee established by the board, the department shall issue a license of retirement status to the applicant and record the applicant's name in the appropriate database as a holder of a license of retirement status, along with the date on which the licensee received retirement status.

(3) A license of retirement status does not allow a holder to practice plumbing under this chapter.

(4) The department shall reissue an active license to a holder of a license of retirement status who pays the appropriate active license renewal fee and meets any competency requirements established by rule by the department.
Mont. Code Ann. § 37-34-103 — MT Code / Title 37 / Chapter 34 / Part 1 / Section 37-34-103
37-34-103 Definitions
Status: in_force

37-34-103 . Definitions. As used in this chapter, the following definitions apply:

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

(2) "Clinical laboratory" or "laboratory" means any facility or office in which clinical laboratory tests are performed.

(3) (a) "Clinical laboratory science practitioner" means a health care professional who performs clinical laboratory tests or who is engaged in management, education, consulting, or research in clinical laboratory science.

(b) The term includes laboratory directors, managers, supervisors, clinical laboratory scientists, clinical laboratory specialists, and clinical laboratory technicians who work in a laboratory.

(c) The term does not include:

(i) persons employed by a clinical laboratory to perform supportive functions not related to direct performance of laboratory tests; or

(ii) clinical laboratory trainees.

(4) "Clinical laboratory scientist" means a person who:

(a) performs clinical laboratory tests pursuant to established and approved protocols requiring the exercise of independent judgment and responsibility;

(b) maintains equipment and records;

(c) performs quality assurance activities related to test performance; and

(d) may supervise and teach within a clinical laboratory setting.

(5) "Clinical laboratory specialist" means a person who:

(a) performs laboratory testing in a specialized testing area, such as microbiology, chemistry, immunology, or hematology, according to approved protocols requiring the exercise of independent judgment and responsibility;

(b) maintains equipment and records;

(c) performs quality assurance activities related to test performance; and

(d) may supervise and teach within the specific area of the clinical laboratory.

(6) "Clinical laboratory technician" means a person who performs laboratory tests pursuant to established and approved protocols that require limited exercise of independent judgment and that are performed under the supervision of a clinical laboratory scientist, laboratory supervisor, or laboratory director.

(7) "Clinical laboratory test" or "laboratory test" means:

(a) a microbiological, serological, chemical, hematological, radiobioassay, cytological, biophysical, immunological, cytogenetical, or other examination that is performed on material derived from the human body; or

(b) any other test or procedure conducted by a laboratory or facility that provides information for the assessment of a medical condition or for the diagnosis, prevention, or treatment of a disease.

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

(9) "License" means the clinical laboratory science license issued under this chapter.

(10) "Practice of clinical laboratory science" means the performance and interpretation of microbiological, serological, chemical, hematological, radiobioassay, cytological, biophysical, immunological, cytogenetical, or other examination on material that is derived from the human body and that provides information for the assessment of a medical condition or for the diagnosis, prevention, or treatment of a disease.
Mont. Code Ann. § 37-4-101 — MT Code / Title 37 / Chapter 4 / Part 1 / Section 37-4-101
37-4-101 Definitions -- practice of dentistry
Status: in_force

37-4-101 . Definitions -- practice of dentistry. (1) Unless the context requires otherwise, in this chapter, the following definitions apply:

(a) "Board" means the board of dentistry provided for in 2-15-1732 .

(b) "Deep sedation" means a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.

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

(d) "General anesthesia" means a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

(e) "Minimal sedation" means a minimally depressed level of consciousness, produced by a pharmacological method, that retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected.

(f) "Moderate sedation" means a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. The drugs and techniques used for moderate sedation should render the unintended loss of consciousness unlikely. Repeated dosing of an agent before the effects of previous dosing is obtained may result in a greater alteration of the state of consciousness than intended. A patient whose only response is reflex withdrawal from a painful stimulus is not in a state of moderate sedation.

(2) Except for the provisions of 37-4-104 , a person is practicing dentistry under this chapter if the person:

(a) performs, attempts, advertises to perform, causes to be performed by the patient or any other person, or instructs in the performance of dental operations, oral surgery, or dental service of any kind gratuitously or for a salary, fee, money, or other remuneration paid or to be paid, directly or indirectly, to the person, any other person, or any agency;

(b) is a manager, proprietor, operator, or conductor of a place where dental operations, oral surgery, or dental services are performed, unless the person is the personal representative of the estate of a deceased dentist or the personal representative of a disabled dentist, as provided in 37-4-104 ;

(c) directly or indirectly, by any means or method, furnishes, supplies, constructs, reproduces, or repairs a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;

(d) places the appliance or structure in the human mouth or attempts to adjust it;

(e) advertises to the public, by any method, to furnish, supply, construct, reproduce, or repair a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;

(f) diagnoses, professes to diagnose, prescribes for, professes to prescribe for, treats, or professes to treat disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;

(g) extracts or attempts to extract human teeth or corrects, attempts, or professes to correct malpositions of teeth or of the jaw;

(h) gives or professes to give interpretations or readings of dental roentgenograms;

(i) administers an anesthetic of any nature, subject to the limitations provided in 37-4-511 , in connection with a dental operation;

(j) uses the words "dentist", "dental surgeon", or "oral surgeon", the letters "D.D.S." or "D.M.D.", or any other words, letters, title, or descriptive matter that in any way represents the person as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;

(k) states, advertises, or permits to be stated or advertised, by sign, card, circular, handbill, newspaper, radio, or otherwise, that the person can perform or will attempt to perform dental operations or render a diagnosis in connection with dental operations; or

(l) engages in any of the practices included in the curricula of recognized dental colleges.
Mont. Code Ann. § 37-24-109 — MT Code / Title 37 / Chapter 24 / Part 1 / Section 37-24-109
37-24-109 Board adoption of protocols
Status: in_force

37-24-109 . Board adoption of protocols. The board, in consultation with the board of medical examiners and the board of pharmacy, shall adopt written protocols for each class of topical medication listed in 37-24-108 (2) for which a prescription is required by state or federal law. Protocols must include a description of each topical medication, its actions, indications, and contraindications, and the proper procedure and technique for its application or administration.
Mont. Code Ann. § 37-4-511 — MT Code / Title 37 / Chapter 4 / Part 5 / Section 37-4-511
37-4-511 Limitations regarding deep sedation or general anesthesia
Status: in_force

37-4-511 . Limitations regarding deep sedation or general anesthesia. (1) A person engaged in the practice of dentistry or oral surgery may not conduct any dental or surgical procedure upon another person under deep sedation or general anesthesia unless the vital signs of the patient are continually monitored by another trained health care professional.

(2) The facility in which deep sedation or general anesthesia is to be administered as part of a dental or surgical procedure must be equipped with proper drugs and equipment to safely administer anesthetic agents, to monitor the well-being of the patient under deep sedation or general anesthesia, and to treat the complications that may arise from deep sedation or general anesthesia.
Mont. Code Ann. § 37-13-103 — MT Code / Title 37 / Chapter 13 / Part 1 / Section 37-13-103
37-13-103 Definitions
Status: in_force

37-13-103 . Definitions. As used in this chapter, the following definitions apply:

(1) (a) "Acupuncture" means a form of primary health care that is developed from traditional oriental and modern medical philosophies for providing evaluation, diagnosis, and treatment of human conditions, ailments, diseases, injuries, or infirmities. The term includes the manual, mechanical, injection, thermal, vibrational, electrical, and electromagnetic stimulation and treatment of traditional and modern acupuncture points, trigger points, motor points, and ashi points on the human body for promotion, maintenance, and restoration of health and prevention of disease. The term also includes but is not limited to auricular acupuncture, body acupuncture, distal acupuncture, dry needling, point bleeding, and point injection.

(b) Adjunctive therapies included in, but not exclusive to, acupuncture include:

(i) herbal and nutritional recommendations;

(ii) therapeutic exercise, including but not limited to taiji and qigong;

(iii) manual therapy, including but not limited to bodywork, tui na, and shiatsu; and

(iv) other therapies based on traditional oriental and modern medical theory, as taught in accredited acupuncture programs.

(2) "Acupuncturist" means a natural person licensed by the alternative health care board to practice acupuncture.

(3) "Board" means the Montana alternative health care board provided for in 2-15-1730 .

(4) "School of acupuncture" means a school in which acupuncture is taught that has been recognized and designated by the alternative health care board.
Mont. Code Ann. § 37-51-301 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-301
37-51-301 License required -- limited to persons
Status: in_force

37-51-301 . License required -- limited to persons. (1) It is unlawful for a person to engage in or conduct, directly or indirectly, or to advertise or represent to the public as engaging in or conducting the business or acting in the capacity of a real estate broker or a real estate salesperson within this state without a license as a broker or salesperson or otherwise complying with this chapter.

(2) It is unlawful for a person to supervise licensed salespersons or to act in the capacity of a supervising broker unless the person has a valid and active Montana broker's license and a supervising broker endorsement.

(3) Corporations, partnerships, and associations may not be licensed under this chapter. A corporation or a partnership may act as a licensee if every corporate officer and every partner performing the functions of a licensee is licensed under this chapter. All officers of a corporation or all members of a partnership acting as a licensee are in violation of this chapter unless there is full compliance with this subsection.

(4) (a) For purposes of this section and whether or not the person is physically located in Montana, "within this state" or similar terminology includes:

(i) marketing or dealing with any interest in real estate or a business opportunity involving an interest in real estate that is situated in the state of Montana; or

(ii) conducting or attempting to conduct or solicit real estate business with residents of the state of Montana.

(b) Unless exempted from this chapter, any single act described within the definitions of "broker" or "salesperson" is sufficient to constitute engaging in the business of a real estate broker or salesperson.
Mont. Code Ann. § 37-17-302 — MT Code / Title 37 / Chapter 17 / Part 3 / Section 37-17-302
37-17-302 Qualifications
Status: in_force

37-17-302 . Qualifications. The board shall license as a psychologist any person who pays the prescribed fee, passes the prescribed examination, and submits evidence that the person:

(1) is 18 years of age or older;

(2) is of good moral character;

(3) (a) has received a doctoral degree in clinical psychology from an accredited college or university having an appropriate graduate program approved by the American psychological association;

(b) has received a doctoral degree in psychology from an accredited college or university not approved by the American psychological association and has successfully completed a formal graduate retraining program in clinical psychology approved by the American psychological association; or

(c) has received a doctoral degree in psychology from an accredited college or university and has completed a course of studies that meets minimum standards specified in rules by the board; and

(4) has completed at the time of application a minimum of 2 years of supervised experience in the practice of psychology. One year of this experience must be postdoctoral but may not include more than 6 months of supervised research, teaching, or a combination of both.

(5) An individual who has completed the education requirements under this section but who has not completed the postdoctoral supervised psychology practice may apply for a provisional license to practice psychology pursuant to 37-1-144 and an approved supervision plan prescribed by board rule.
Mont. Code Ann. § 37-19-204 — MT Code / Title 37 / Chapter 19 / Part 2 / Section 37-19-204
37-19-204 Special revenue account -- use of funds -- reporting requirement
Status: in_force

37-19-204 . Special revenue account -- use of funds -- reporting requirement. (1) The department shall deposit in the state special revenue fund for use by the board the death certificate fees transferred to the department pursuant to 7-4-2631 and 50-15-111 .

(2) The revenue received by the board under subsection (1) must be used by the board for the general administration of the board.

(3) The board may not reduce license fees to offset revenue raised by the death certificate fee.

(4) Any money in excess of the amount allowed for board costs under 37-1-134 must be deposited in the state general fund.

(5) The board shall report to the economic affairs interim committee as provided in 5-11-210 on the status of the special revenue account and fees charged as a funding source for the board.
Mont. Code Ann. § 37-68-316 — MT Code / Title 37 / Chapter 68 / Part 3 / Section 37-68-316
37-68-316 Citation and fine for failure to display license
Status: in_force

37-68-316 . Citation and fine for failure to display license. (1) A citation for failure to display an electrician's license or proof of licensure issued by an employee of the department must include:

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

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

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

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

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

(f) the amount of the applicable fine.

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

(a) $100 for the first offense, unless the provisions of subsection (4)(b) apply;

(b) $250 for the second offense; and

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

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

(4) (a) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the appropriate authority identified on the citation within 5 business days of the date of issuance.

(b) The board may not impose a fine for a first offense on a licensee who produces proof of licensure to the department within 5 days of the citation. In other cases, the board may, upon finding that the person has demonstrated acceptable proof of licensure, waive or refund the fine.

(5) A person who violates this section is also subject to the provisions of 37-1-109 .
Mont. Code Ann. § 37-61-415 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-415
37-61-415 Penalty for violation of two preceding sections
Status: in_force

37-61-415 . Penalty for violation of two preceding sections. An attorney and counselor who violates either 37-61-413 or 37-61-414 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.
Mont. Code Ann. § 37-19-308 — MT Code / Title 37 / Chapter 19 / Part 3 / Section 37-19-308
37-19-308 Student exemption -- rulemaking
Status: in_force

37-19-308 . Student exemption -- rulemaking. (1) A student currently enrolled in an accredited or approved funeral service or mortuary science degree program may engage in the practice of mortuary science without a license under this chapter if practicing:

(a) as part of a required student clinical practicum associated with the educational program; and

(b) under the supervision of a licensed mortician who operates from a licensed mortuary or branch establishment.

(2) The board may adopt rules pertaining to the requirements for supervision and for mortuary and branch establishments. The rules must be limited to implementing only the purposes outlined in subsection (1).
Mont. Code Ann. § 37-25-101 — MT Code / Title 37 / Chapter 25 / Part 1 / Section 37-25-101
37-25-101 Legislative finding and purpose
Status: in_force

37-25-101 . Legislative finding and purpose. The legislature finds and declares that the practice of medical nutrition therapy affects the public health, safety, and welfare. It is the purpose of this chapter to provide for the licensing and regulation of dietitians and nutritionists in order to protect the public health, safety, and welfare, to ensure that dietetics and nutritional services of high quality are available to the people of Montana, and to provide a means of identifying those qualified to practice dietetics and nutrition.
Mont. Code Ann. § 37-26-201 — MT Code / Title 37 / Chapter 26 / Part 2 / Section 37-26-201
37-26-201 Powers and duties of board
Status: in_force

37-26-201 . Powers and duties of board. The board shall:

(1) adopt rules necessary or proper to administer and enforce this chapter;

(2) adopt rules that specify the scope of practice of naturopathic medicine stated in 37-26-301 , that are consistent with the definition of naturopathic medicine provided in 37-26-103 , and that are consistent with the education provided by approved naturopathic medical colleges;

(3) adopt rules that set nonrefundable fees for application, and licensure;

(4) approve naturopathic medical colleges as defined in 37-26-103 ;

(5) issue certificates of specialty practice;

(6) adopt rules that, in the discretion of the board, appropriately restrict licenses to a limited scope of practice of naturopathic medicine, which may exclude the use of minor surgery allowed under 37-26-301 ; and

(7) adopt rules that contain the formulary list created by the alternative health care formulary committee provided for in 37-26-301 .
Mont. Code Ann. § 37-61-409 — MT Code / Title 37 / Chapter 61 / Part 4 / Section 37-61-409
37-61-409 Penalty for violation
Status: in_force

37-61-409 . Penalty for violation. An attorney and counselor who violates 37-61-408 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.
Mont. Code Ann. § 37-47-314 — MT Code / Title 37 / Chapter 47 / Part 3 / Section 37-47-314
37-47-314 Terminated
Status: in_force

37-47-314 . Terminated. Sec. 26, Ch. 328, L. 1995.
Mont. Code Ann. § 37-68-202 — MT Code / Title 37 / Chapter 68 / Part 2 / Section 37-68-202
37-68-202 Compensation and expenses of board members
Status: in_force

37-68-202 . Compensation and expenses of board members. Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133 .
Mont. Code Ann. § 37-25-102 — MT Code / Title 37 / Chapter 25 / Part 1 / Section 37-25-102
37-25-102 Definitions
Status: in_force

37-25-102 . Definitions. In this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Accredited" means accredited through the council on postsecondary accreditation and the U.S. department of education.

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

(3) "Commission" means the commission on dietetic registration, which is a member of the national commission for health certifying agencies.

(4) "General nutritional information" means information on:

(a) principles of good nutrition;

(b) foods to be included in a daily diet;

(c) the essential nutrients needed by the body;

(d) recommended amounts of these nutrients;

(e) the action of these nutrients on the body;

(f) the effects of deficiencies in these nutrients; or

(g) foods and supplements that are good sources of essential nutrients.

(5) "Licensed dietitian" means a person licensed under this chapter to engage in the practice of dietetics and the practice of nutrition, including the provision of medical nutrition therapy.

(6) "Licensed nutritionist" means a nutritionist licensed under this chapter to engage in the practice of nutrition, including the provision of medical nutrition therapy.

(7) "Medical nutrition therapy" means the provision of any of the following nutrition care services for the purpose of management or treatment of a disease or medical condition:

(a) nutrition assessment;

(b) nutrition diagnosis;

(c) nutrition intervention; and

(d) nutrition monitoring and evaluation.

(8) "Medical weight control" means medical nutrition therapy provided for the purpose of reducing, maintaining, or gaining weight.

(9) "Nonmedical weight control" means nutrition care services for the purpose of reducing, maintaining, or gaining weight that do not constitute the treatment or management of a disease or medical condition. The term includes weight control services for healthy population groups to achieve or maintain a healthy weight.

(10) "Nutrition counseling" means a supportive process, characterized by a collaborative counselor-patient relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidance that acknowledge and foster responsibility for self-care to promote health and wellness or to treat or manage an existing disease or medical condition.

(11) (a) "Nutrition diagnosis" means identifying and labeling nutrition problems managed and treated by a licensed dietitian.

(b) The term does not include a medical diagnosis of the health status of an individual.

(12) "Practice of dietetics" means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, pharmacology, food systems, management, and behavioral and social sciences to achieve and maintain optimal nutrition status of individuals and groups. The term includes the provision of nutrition care services, including medical nutrition therapy, to prevent, manage, or treat chronic and acute diseases or medical conditions and promote wellness in inpatient and outpatient settings. The term encompasses developing and ordering therapeutic diets via oral, enteral, and parenteral routes and providing other advanced medical nutrition therapy and related support activities in accordance with the commission's scope and standards of practice for the registered dietitian.

(13) "Practice of nutrition" means the integration and application of scientific principles derived from the study of nutrition science, cellular and systemic metabolism, biochemistry, physiology, and behavioral sciences for achieving and maintaining health throughout a person's lifespan. The term includes the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat chronic diseases or medical conditions and promote wellness in outpatient settings. Consistent with level of competence, the practice of nutrition may encompass the ordering of oral therapeutic diets, the ordering of medical laboratory tests related to nutritional therapeutic treatments, and the provision of recommendations on vitamin, mineral, and other dietary supplements.

(14) "Qualified supervisor" means an individual providing supervision who assumes full professional responsibility for the work of the supervisee by verifying, directing, and approving the provided nutrition care services, medical nutrition therapy, and other work being supervised.

(15) "Registered dietitian" means a person who is credentialed by the commission or its successor organization as a registered dietitian or a registered dietitian nutritionist and is authorized to use the title and the corresponding abbreviations "RD" or "RDN".

(16) "Telehealth" has the same meaning as provided in 37-2-305 .
Mont. Code Ann. § 37-36-203 — MT Code / Title 37 / Chapter 36 / Part 2 / Section 37-36-203
37-36-203 Representation to public -- practice -- exemptions
Status: in_force

37-36-203 . Representation to public -- practice -- exemptions. (1) (a) Except as provided in subsection (2), an individual may not practice athletic training without a license.

(b) Upon issuance of a license in accordance with this chapter, a licensee may use the title "licensed athletic trainer" or "certified athletic trainer" and may use the abbreviations "LAT" or "AT" indicating that the individual is licensed in the practice of athletic training. A person who is not licensed may not use the titles listed in this subsection (1)(b). Except for an individual listed in subsection (2)(a), an individual who is not certified or licensed as an athletic trainer may not advertise for athletic training services.

(2) This section does not prohibit:

(a) a health care professional licensed under Title 37, chapter 3, 6, 8, 11, 12, 20, 24, or 26, from practicing an occupation or profession for which the health care professional is licensed or from practicing on an athlete;

(b) an educator or an information specialist from providing general information regarding prevention of athletic injuries;

(c) an individual from providing a first aid procedure incidental to the individual's employment or volunteer duties;

(d) an intern or student trainee studying a course of athletic training at an accredited postsecondary institution from providing athletic training under qualified supervision as part of the intern or student trainee's course of study. The intern or student trainee shall use the title "athletic training student" while carrying out athletic training activities.

(e) a personal trainer from providing personal training services;

(f) a massage therapist from providing massage; or

(g) a coach, physical education teacher, athletic director, other school employee, or supervised volunteer from providing first aid, preventative care, or continuous followup care of athletes and athletic injuries in a school setting.
Mont. Code Ann. § 37-51-324 — MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-324
37-51-324 Penalty for failure to comply with trust account requirements
Status: in_force

37-51-324 . Penalty for failure to comply with trust account requirements. (1) An employee of the department may issue a citation to a broker responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319 (3).

(2) The citation must include:

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

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

(c) reference to the statute or rule violated;

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

(e) the amount of the applicable fine.

(3) The applicable civil fine for failure to comply with trust account maintenance requirements is $50 for each cited violation.

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

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

(6) A person who refuses to sign and accept a citation but who does not file a written dispute of the violation is demonstrating unprofessional conduct.
Mont. Code Ann. § 37-17-402 — MT Code / Title 37 / Chapter 17 / Part 4 / Section 37-17-402
37-17-402 Definitions
Status: in_force

37-17-402 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Assistant behavior analyst" means an individual licensed under 37-17-403 who has a qualifying bachelor's degree and has passed the board-certified assistant behavior analyst examination of the behavior analyst certification board.

(2) "Behavior analyst" means an applied behavior analyst who is licensed under 37-17-403 and has passed the board-certified behavior analyst examination of the behavior analyst certification board.

(3) "Behavior analyst certification board" means the nonprofit corporation whose credentialing programs for behavior analysts are accredited by the national commission for certifying agencies.

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

(5) (a) "Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Applied behavior analysis links the scientific study of behavior with the direct observation and measurement of behavior and the environment plus the application of skills to help people develop new behaviors, increase or decrease existing behaviors, or adjust behaviors under specific environmental conditions.

(b) The term does not include psychological evaluation, diagnosis of a mental or physical disorder, neuropsychology, long-term counseling as a treatment modality, or psychotherapy, including cognitive therapy, sex therapy, psychoanalysis, or hypnotherapy.