reglab/housing_qa huggingface dataset:
MT Code § 37-4-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-312. Report of incompetence or unprofessional conduct

  37-4-312. Report of incompetence or unprofessional conduct. (1) Notwithstanding any provision of state law dealing with confidentiality, each licensee, professional standards review organization, the Montana dental association or any component society of the association, and any other person may report to the board any information that the licensee, organization, association, society, or person has that appears to show 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) Information that relates to possible physical or mental impairment connected to habitual intemperance or the 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 program endorsed by the board under 37-4-311 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 comply with a reasonable request that the licensee undergo a mental, physical, or chemical dependency evaluation or a combination of evaluations;   (ii) the licensee fails or refuses to undergo a reasonable course of treatment that the program personnel recommend, including reasonable aftercare;   (iii) the licensee fails or refuses to satisfactorily complete a reasonable evaluation, a course of treatment, or aftercare; or   (iv) 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.   History: En. Sec. 2, Ch. 358, L. 1997; amd. Sec. 14, Ch. 224, L. 2003.
MT Code § 37-4-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-313. Compelling licensee evaluation

  37-4-313. Compelling licensee evaluation. The board has the right to compel an evaluation of a licensee, after notice to the licensee and a hearing if requested by the licensee, based on information reported pursuant to 37-4-312. The evaluation must be conducted at a facility authorized to conduct evaluations under a program referred to in 37-4-311.   History: En. Sec. 3, Ch. 358, L. 1997.
MT Code § 37-4-314 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-314. Immunity of person providing information

  37-4-314. Immunity of person providing information. A person, organization, association, society, or health care facility that in good faith provides information to the state board of dentistry pursuant to 37-4-312 is not subject to suit for civil damages as a result of providing the information.   History: En. Sec. 4, Ch. 358, L. 1997.
MT Code § 37-4-315 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-315. through 37-4-320 reserved

  37-4-315 through 37-4-320 reserved.
MT Code § 37-4-321 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-321. Repealed

  37-4-321. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 13, Ch. 48, L. 1935; re-en. Sec. 3115.13, R.C.M. 1935; amd. Sec. 6, Ch. 352, L. 1969; amd. Sec. 85, Ch. 350, L. 1974; R.C.M. 1947, 66-913(1), (2); amd. Sec. 1, Ch. 493, L. 1979; amd. Sec. 8, Ch. 363, L. 1981; amd. Sec. 2, Ch. 62, L. 1987; amd. Sec. 44, Ch. 83, L. 1989.
MT Code § 37-4-322 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-322. When publishing professional cards not unprofessional conduct

  37-4-322. When publishing professional cards not unprofessional conduct. (1) It is not considered unprofessional for a dentist to place in any newspaper or publication, subject to the limitations stated in this section, a card bearing the dentist's name only, together with the dentist's degree or the word "dentist" and giving office location, hours, and telephone numbers. If the dentist limits the dentist's practice to a specialty, the dentist may announce it or the dentist may announce an absence from or a return to practice in the same manner.   (2) A dentist may publish a list of fees, but the listing must include full and complete information stating if the published fee is minimum, maximum, or usual and whether or not any additional charges may be made for the services published. All announcements or publications must be done in a professional manner that will in no way coerce or confuse the public.   History: En. Sec. 17, Ch. 48, L. 1935; re-en. Sec. 3115.17, R.C.M. 1935; amd. Sec. 5, Ch. 34, L. 1961; amd. Sec. 7, Ch. 352, L. 1969; R.C.M. 1947, 66-917; amd. Sec. 2, Ch. 493, L. 1979; amd. Sec. 1362, Ch. 56, L. 2009.
MT Code § 37-4-323 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-323. Repealed

  37-4-323. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 13, Ch. 48, L. 1935; re-en. Sec. 3115.13, R.C.M. 1935; amd. Sec. 6, Ch. 352, L. 1969; amd. Sec. 85, Ch. 350, L. 1974; R.C.M. 1947, 66-913(3) thru (6); amd. Sec. 3, Ch. 493, L. 1979.
MT Code § 37-4-324 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-324. Repealed

  37-4-324. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 16, Ch. 48, L. 1935; re-en. Sec. 3115.16, R.C.M. 1935; R.C.M. 1947, 66-916.
MT Code § 37-4-325 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-325. Witness fees and mileage

  37-4-325. Witness fees and mileage. (1) Each witness who appears by order of the board or any member of the board is entitled to receive, if demanded, for attendance the same fees and mileage allowed by law to a witness in civil cases in the district court. The amount must be paid by the party at whose request the witness is subpoenaed unless otherwise ordered by the board. When any witness who has not been required to attend at the request of any party is subpoenaed by the board, the witness's fees and mileage may be paid from the funds of the board in the same manner as other expenses of the board are paid.   (2) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the board, may at the time of service demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear and 1 day's attendance. If the witness demands the fees at the time of service and they are not at that time paid or tendered, the witness may not be required to attend before the board, a member of the board, or a referee as directed in the subpoena.   History: En. Sec. 15, Ch. 48, L. 1935; re-en. Sec. 3115.15, R.C.M. 1935; R.C.M. 1947, 66-915; amd. Sec. 1363, Ch. 56, L. 2009.
MT Code § 37-4-326 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-326. Acts constituting misdemeanors

  37-4-326. Acts constituting misdemeanors. A person, company, or association is guilty of a misdemeanor and upon conviction shall be punished with a fine of not less than $50 or more than $200 or by imprisonment for not more than 6 months in the county jail or both if the person, company, or association:   (1) sells, barters, or offers to sell or barter a diploma or document conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pursuant to the laws regulating the license and regulation of dentists;   (2) purchases or procures by barter a diploma, certificate, or transcript with the intent of using the diploma, certificate, or transcript as evidence of the holder's qualification to practice dentistry or in fraud of the laws regulating dental practice;   (3) with fraudulent intent, alter in a material regard a diploma, certificate, or transcript;   (4) use or attempt to use a diploma, certificate, or transcript that has been purchased, fraudulently issued, counterfeited, or materially altered, either as a license or color of license to practice dentistry or in order to procure registration as a dentist;   (5) practice dentistry under a false or assumed name;   (6) in an affidavit required of an applicant for examination, license, or registration under this chapter, willfully make a false statement in a material regard;   (7) engage in the practice of dentistry under any title or name without causing to be displayed in a conspicuous manner and in a conspicuous place in the office the required certificate for the current period of licensed practice; or   (8) within 10 days after demand made by the secretary of the board, fail to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person, company, or association at any time within 60 days prior to the notice, together with a sworn statement showing under and by what license or authority the person, company, or association and the employee are and have been practicing dentistry, but the affidavit may not be used as evidence against the person, company, or association in any proceeding under this section.   History: En. Sec. 18, Ch. 48, L. 1935; re-en. Sec. 3115.18, R.C.M. 1935; R.C.M. 1947, 66-918; amd. Sec. 7, Ch. 492, L. 1997.
MT Code § 37-4-327 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-327. Practicing dentistry without license -- penalty

  37-4-327. Practicing dentistry without license -- penalty. (1) Except as provided in 37-4-101 through 37-4-104 and this section, a person who, as principal, agent, employer, employee, or assistant, practices dentistry or who does an act of dentistry without having first secured a license to practice dentistry from the department entitling the person to practice in this state is guilty of a misdemeanor and on conviction in a district court may be fined an amount not less than $500 or more than $1,000 or be confined for a period not exceeding 6 months in the county jail.   (2) Fines imposed and collected under this chapter, except those paid to a justice's court, must be paid into the treasury of the county in which the suits, actions, or proceedings are commenced. Money paid into the treasury in excess of the amount necessary to reimburse the county for expense incurred by the county in a suit, action, or proceeding brought under this chapter must be deposited before January 1 of each year in the state special revenue fund for the use of the board, subject to 37-1-101(6).   History: En. Sec. 19, Ch. 48, L. 1935; re-en. Sec. 3115.19, R.C.M. 1935; amd. Sec. 3, Ch. 38, L. 1941; amd. Sec. 150, Ch. 147, L. 1963; amd. Sec. 86, Ch. 350, L. 1974; R.C.M. 1947, 66-919; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 22, Ch. 557, L. 1987; amd. Sec. 4, Ch. 151, L. 1997; amd. Sec. 25, Ch. 126, L. 2005.
MT Code § 37-4-328 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-328. Duty of county attorney -- jurisdiction of justices' courts -- injunction

  37-4-328. Duty of county attorney -- jurisdiction of justices' courts -- injunction. (1) The county attorney of the county in which an offense is alleged to have occurred shall attend to the prosecution of complaints made under this chapter, both on trial in the justice's court where the complaint is made and also on hearing in the district court, either on the complaint or on information or indictment filed against a person under this chapter in the district court. This chapter does not prevent the prosecution of a person for violation of this chapter on the information of the county attorney directly.   (2) Justices' courts have original concurrent jurisdiction of misdemeanors committed under this chapter.   (3) If a person, firm, or corporation engages in the practice of dentistry without possessing a valid license or violates this chapter, the attorney general, a county attorney, or the board may maintain an action in the name of this state to enjoin the person, firm, or corporation from engaging in the practice of dentistry or otherwise violating this chapter. The injunction does not relieve criminal prosecution, but the remedy by injunction is in addition to the liability of the offender to criminal prosecution.   History: En. Sec. 11, Ch. 48, L. 1935; re-en. Sec. 3115.11, R.C.M. 1935; amd. Sec. 4, Ch. 34, L. 1961; amd. Sec. 84, Ch. 350, L. 1974; R.C.M. 1947, 66-911.
MT Code § 37-4-329 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-329. through 37-4-339 reserved

  37-4-329 through 37-4-339 reserved.
MT Code § 37-4-340 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-340. Volunteer work -- licensure -- fee waiver -- rules

  37-4-340. Volunteer work -- licensure -- fee waiver -- rules. (1) A retired or nonpracticing dentist or dental hygienist may apply for a license to practice dentistry or dental hygiene for the purpose of providing services to indigent or uninsured patients in underserved or critical need areas. An applicant for licensure under this subsection (1) may be required by the board to establish that the applicant is competent to practice before the board grants the applicant a license.   (2) It is not within the scope of a license issued to a dentist or dental hygienist under this section to provide services for remuneration.   (3) If a person is eligible for licensure under the provisions of subsection (1) and the person applies for a license prior to July 1, 2004, the person's renewal fees and late fees accrued since the person's license lapsed are waived. The board may adopt rules providing that renewal fees and late fees or a portion of those fees may be waived for eligible persons applying for licensure under this section after July 1, 2004.   (4) The board may adopt rules setting forth licensing requirements, fees, and other rules necessary to implement any other provisions of this section.   History: En. Sec. 2, Ch. 67, L. 2003.
MT Code § 37-4-341 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 3. Licensing|37-4-341. Licensure of out-of-state volunteer dentists and dental hygienists without examination

  37-4-341. Licensure of out-of-state volunteer dentists and dental hygienists without examination. (1) The board may issue a restricted temporary license to a nonresident dentist or dental hygienist, without examination, to practice in a clinic listed in 37-4-103(6) if the applicant:   (a) has graduated from a dental or dental hygiene program or school accredited by the commission on dental accreditation;   (b) is currently licensed in another state as an actively practicing dentist or dental hygienist; and   (c) is in good standing and does not have a disciplinary action pending in the other state.   (2) A dentist or dental hygienist holding a restricted temporary license under this section:   (a) may not receive monetary or other compensation for providing services; and   (b) may serve only those persons served by the clinics listed in 37-4-103(6).   (3) An application for a restricted temporary license must be submitted on a form approved by the board.   (4) The board shall issue a restricted temporary license within 45 calendar days of receipt of a completed application that demonstrates that the applicant meets the requirements of this section. A restricted temporary license may be renewed annually.   (5) A restricted temporary license is not intended as a means to allow an applicant to practice in this state before a permanent license is granted or as a means to obtain a permanent license when the applicant does not otherwise meet the requirements for permanent licensure.   (6) The board may adopt rules to implement this section, including but not limited to rules to:   (a) establish the scope of practice for a dentist or dental hygienist practicing with a restricted temporary license;   (b) establish a limitation on the number of days a dentist or dental hygienist may practice with a restricted temporary license during any 12-month period; and   (c) set fees for issuance of the restricted temporary license that must be commensurate with costs.   History: En. Sec. 1, Ch. 315, L. 2009; amd. Sec. 4, Ch. 195, L. 2019.
MT Code § 37-4-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-401. Practice of dental hygiene -- rulemaking

  37-4-401. Practice of dental hygiene -- rulemaking. (1) (a) The practice of dental hygiene is services, performed by a licensed preventive oral health practitioner known as a dental hygienist, that are educational, therapeutic, prophylactic, or preventive procedures in nature, as the board defines and authorizes through rule, and that may be performed under general supervision of a licensed dentist.   (b) The practice of dental hygiene also includes and the board shall authorize the administration of local anesthetic agents by a licensed dental hygienist certified by the board to administer the agents under the general supervision and authorization of a licensed dentist.   (c) (i) The practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that:   (A) are not controlled substances; and   (B) do not require a license by the federal drug enforcement agency.   (ii) Prescriptive authority under this section must be:   (A) done under the general supervision of a licensed dentist or by a dental hygienist practicing with a limited access permit under public health supervision;   (B) pursuant to rules adopted by the board; and   (C) in compliance with applicable laws concerning prescription packaging, labeling, and recordkeeping requirements.   (iii) The board shall determine by rule the education and competency requirements required for dental hygiene prescriptive authority.   (iv) The board shall determine by rule the percentage of fluoride, chlorhexidine gluconate, or any other active ingredients in any medication that may be prescribed by a dental hygienist under this section.   (2) Subsection (1) does not allow the board or a licensed dentist to delegate any of the following duties:   (a) diagnosis, treatment planning, and prescription other than prescriptions authorized under subsection (1)(c);   (b) surgical procedures on hard and soft tissues other than root planing and subgingival curettage;   (c) restorative, prosthetic, orthodontic, and other procedures that require the knowledge and skill of a dentist;   (d) prescription for drugs or medications, other than those listed under subsection (1)(c); or   (e) work authorizations.   History: En. Sec. 21, Ch. 48, L. 1935; re-en. Sec. 3115.21, R.C.M. 1935; amd. Sec. 9, Ch. 352, L. 1969; amd. Sec. 88, Ch. 350, L. 1974; R.C.M. 1947, 66-921(part); amd. Sec. 5, Ch. 349, L. 1983; amd. Sec. 1, Ch. 449, L. 1985; amd. Sec. 2, Ch. 66, L. 1991; amd. Sec. 1, Ch. 288, L. 2017.
MT Code § 37-4-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-402. License -- examination

  37-4-402. License -- examination. (1) The department may issue licenses for the practice of dental hygiene to qualified applicants to be known as dental hygienists.   (2) Except as provided by rules adopted under 37-1-319, a person may not engage in the practice of dental hygiene or practice as a dental hygienist in this state until the person has passed an examination approved by the board under rules adopted by the board and has been issued a license by the department.   (3) An applicant for licensure shall submit an application that must include, when required:   (a) certification of successful completion of the national board written examination;   (b) certification of successful completion of a regional board practical examination;   (c) two affidavits of good moral character;   (d) a certificate of graduation from a board-approved dental hygiene school; and   (e) an application fee.   History: En. Secs. 21, 23, Ch. 48, L. 1935; re-en. Secs. 3115.21, 3115.23, R.C.M. 1935; amd. Secs. 9, 11, Ch. 352, L. 1969; amd. Secs. 88, 90, Ch. 350, L. 1974; R.C.M. 1947, 66-921(part), 66-923(3); amd. Sec. 4, Ch. 337, L. 1979; amd. Sec. 6, Ch. 349, L. 1983; amd. Sec. 2, Ch. 449, L. 1985; amd. Sec. 29, Ch. 429, L. 1995; amd. Sec. 15, Ch. 224, L. 2003; amd. Sec. 34, Ch. 467, L. 2005.
MT Code § 37-4-403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-403. Repealed

  37-4-403. Repealed. Sec. 127, Ch. 467, L. 2005.   History: En. Sec. 21, Ch. 48, L. 1935; re-en. Sec. 3115.21, R.C.M. 1935; amd. Sec. 9, Ch. 352, L. 1969; amd. Sec. 88, Ch. 350, L. 1974; R.C.M. 1947, 66-921(5); amd. Sec. 7, Ch. 345, L. 1981.
MT Code § 37-4-404 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-404. Repealed

  37-4-404. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 23, Ch. 48, L. 1935; re-en. Sec. 3115.23, R.C.M. 1935; amd. Sec. 11, Ch. 352, L. 1969; amd. Sec. 90, Ch. 350, L. 1974; R.C.M. 1947, 66-923(1), (2), (4); amd. Sec. 8, Ch. 345, L. 1981; amd. Sec. 7, Ch. 349, L. 1983; amd. Sec. 3, Ch. 66, L. 1991.
MT Code § 37-4-406 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-406. Notice of name and address change -- local fees prohibited

  37-4-406. Notice of name and address change -- local fees prohibited. (1) Each dental hygienist shall give the board notice of any change in name, address, or status within 10 days of the change.   (2) A unit of local government, including those exercising self-government powers, may not impose a license fee on a dental hygienist licensed under this chapter.   History: En. Sec. 22, Ch. 48, L. 1935; re-en. Sec. 3115.22, R.C.M. 1935; amd. Sec. 10, Ch. 352, L. 1969; amd. Sec. 89, Ch. 350, L. 1974; R.C.M. 1947, 66-922; amd. Sec. 5, Ch. 337, L. 1979; amd. Sec. 9, Ch. 345, L. 1981; amd. Sec. 8, Ch. 349, L. 1983; amd. Sec. 30, Ch. 429, L. 1995; amd. Sec. 8, Ch. 492, L. 1997; amd. Sec. 10, Ch. 230, L. 1999; amd. Sec. 10, Ch. 271, L. 2003; amd. Sec. 35, Ch. 467, L. 2005.
MT Code § 37-4-407 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 4. Dentistry and Dental Hygiene|Part 4. Dental Hygienists and Auxiliary Personnel|37-4-407. Provisions not to apply to licensed dentist, physician, or surgeon

  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.   History: En. Sec. 23, Ch. 48, L. 1935; re-en. Sec. 3115.23, R.C.M. 1935; amd. Sec. 11, Ch. 352, L. 1969; amd. Sec. 90, Ch. 350, L. 1974; R.C.M. 1947, 66-923(5).