reglab/housing_qa huggingface dataset:
MT Code § 37-1-408 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-408. Reinstatement

  37-1-408. Reinstatement. A licensee whose license has been suspended or revoked under this part may petition the department for reinstatement after an interval set by the department in the order. The department may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312. The department may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked or suspended as a new applicant for purposes of establishing the requisite qualifications of licensure.   History: En. Sec. 8, Ch. 481, L. 1997.
MT Code § 37-1-409 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-409. Enforcement of fine

  37-1-409. Enforcement of fine. (1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the department may enforce the order for payment in the district court of the first judicial district.   (2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.   History: En. Sec. 9, Ch. 481, L. 1997.
MT Code § 37-1-411 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-411. Practice without license -- investigation of complaint -- injunction -- penalties

  37-1-411. Practice without license -- investigation of complaint -- injunction -- penalties. (1) The department may investigate a complaint or other information received concerning practice by an unlicensed person of a profession or occupation governed by this part.   (2) The department may file an action to enjoin a person from practicing, without a license, a profession or occupation governed by this part.   History: En. Sec. 11, Ch. 481, L. 1997; amd. Sec. 5, Ch. 230, L. 1999.
MT Code § 37-1-412 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-412. Violation of injunction -- penalty

  37-1-412. Violation of injunction -- penalty. (1) A person who has been enjoined and who violates an injunction issued pursuant to a proceeding under this part may be held in contempt of court and shall pay a civil penalty, as determined by the court, of not more that $5,000. Fifty percent of the penalty must be deposited in the general fund of the county in which the injunction is issued, and 50% must be deposited in the state general fund.   (2) A person subject to an injunction for practicing without a license may also be subject to criminal prosecution. In a complaint for an injunction or in an affidavit, information, or indictment alleging that a person has engaged in unlicensed practice, it is sufficient to charge that the person engaged in the unlicensed practice of a licensed profession or occupation on a certain day in a certain county without averring further or more particular facts concerning the violation.   (3) Unless otherwise provided by statute, a person practicing a licensed profession or occupation in this state without complying with the licensing provisions of this title is guilty of a misdemeanor punishable by a fine of not less than $250 or more than $1,000, imprisonment in the county jail for not less than 90 days or more than 1 year, or both. Each violation of the provisions of this chapter constitutes a separate offense.   History: En. Sec. 12, Ch. 481, L. 1997; amd. Sec. 6, Ch. 230, L. 1999.
MT Code § 37-1-413 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-413. Department authority

  37-1-413. Department authority. For each licensing program regulated by the department under this part, the department is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining confidential criminal justice information regarding licensees and license applicants and regarding possible unlicensed practice.   History: En. Sec. 4, Ch. 230, L. 1999.
MT Code § 37-1-414 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-414. through 37-1-419 reserved

  37-1-414 through 37-1-419 reserved.
MT Code § 37-1-420 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-420. Continuing education -- certification -- other qualifications for continued licensure -- audit

  37-1-420. Continuing education -- certification -- other qualifications for continued licensure -- audit. (1) The department on behalf of a program without a board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education.   (2) As a precondition of license renewal the department may not audit or require proof of continuing education or certification of a program that requires continuing education or state, regional, or national certification. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141, is subject to a mandatory continuing education audit.   (3) After the lapsed date provided for in 37-1-141, the department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with a program's continuing education requirements.   (4) The department may audit licensees for compliance with state, regional, or national certification or other department requirements.   (5) The department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321.   History: En. Sec. 5, Ch. 80, L. 2015.
MT Code § 37-2-101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-101. Definitions

  37-2-101. Definitions. As used in this part, the following definitions apply:   (1) "Community pharmacy", when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice.   (2) "Controlled substance" has the meaning provided in 37-7-101.   (3) "Device" means any instrument, apparatus, or contrivance intended:   (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;   (b) to affect the structure or any function of the body of humans.   (4) "Dispense" has the meaning provided in 37-7-101.   (5) "Drug" has the meaning provided in 37-7-101.   (6) "Drug company" means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. The term does not include a pharmacy.   (7) "Medical practitioner" means any person licensed by the state of Montana to engage in the practice of medicine, dentistry, osteopathy, podiatry, optometry, or a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs.   (8) "Naturopathic physician" means a person licensed under Title 37, chapter 26, to practice naturopathic health care.   (9) "Opioid" has the meaning of "opiate" provided in 50-32-101.   (10) "Opioid-naive patient" means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed.   (11) "Person" means any individual and any partnership, firm, corporation, association, or other business entity.   (12) "Pharmacy" has the meaning provided in 37-7-101.   (13) "State" means the state of Montana or any political subdivision of the state.   History: En. Sec. 1, Ch. 311, L. 1971; R.C.M. 1947, 27-901; amd. Sec. 2, Ch. 379, L. 1981; amd. Sec. 1, Ch. 588, L. 1987; amd. Sec. 43, Ch. 83, L. 1989; amd. Sec. 1, Ch. 444, L. 1989; amd. Sec. 2, Ch. 388, L. 2001; amd. Sec. 17, Ch. 467, L. 2005; amd. Sec. 4, Ch. 89, L. 2019.
MT Code § 37-2-102 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-102. Practices declared unlawful between drug companies and medical practitioners

  37-2-102. Practices declared unlawful between drug companies and medical practitioners. It is unlawful:   (1) for a drug company to give or sell to a medical practitioner any legal or beneficial interest in the company or in the income of the company with the intent or for the purpose of inducing the medical practitioner to prescribe to patients the drugs of the company. The giving or selling of an interest by the company to a medical practitioner without the interest first having been publicly offered to the general public is prima facie evidence of the intent or purpose.   (2) for a medical practitioner to acquire or own a legal or beneficial interest in any drug company, provided it is not unlawful for a medical practitioner to acquire or own an interest solely for investment, and the acquisition of an interest that is publicly offered to the general public is prima facie evidence of its acquisition solely for investment;   (3) for a medical practitioner to solicit or to knowingly receive from a drug company or for a drug company to pay or to promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon the volume of wholesale or retail sales, at any place, of drugs manufactured, processed, packaged, or distributed by the company.   History: En. Sec. 2, Ch. 311, L. 1971; R.C.M. 1947, 27-902; amd. Sec. 1350, Ch. 56, L. 2009.
MT Code § 37-2-103 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-103. Practices declared unlawful between medical practitioners and pharmacies

  37-2-103. Practices declared unlawful between medical practitioners and pharmacies. (1) It is unlawful for a medical practitioner to own, directly or indirectly, a community pharmacy. This subsection does not prohibit a medical practitioner from dispensing a drug that the medical practitioner is permitted to dispense under 37-2-104.   (2) It is unlawful for a medical practitioner, directly or indirectly, to solicit or to knowingly receive from a community pharmacy or for a community pharmacy knowingly to pay or promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by the community pharmacy of drugs to patients of a medical practitioner.   History: En. Sec. 4, Ch. 311, L. 1971; R.C.M. 1947, 27-904; amd. Sec. 1351, Ch. 56, L. 2009.
MT Code § 37-2-105 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-105. Duty of county attorneys

  37-2-105. Duty of county attorneys. It shall be the duty of the county attorneys in the counties of the state, under the direction of the attorney general, to institute appropriate proceedings to prevent and restrain such violations. Such proceedings may be by way of complaint setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. Upon the filing of a complaint under this section and the service thereof upon the defendants named therein, the court shall proceed as soon as possible to the hearing and determination of the action.   History: En. Sec. 5, Ch. 311, L. 1971; R.C.M. 1947, 27-905.
MT Code § 37-2-106 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-106. Existing ownership of pharmacy

  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.   History: En. Sec. 6, Ch. 311, L. 1971; R.C.M. 1947, 27-906; amd. Sec. 1352, Ch. 56, L. 2009.
MT Code § 37-2-107 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-107. Civil penalty for unreadable prescription

  37-2-107. Civil penalty for unreadable prescription. (1) A medical practitioner may not issue a written prescription, to be delivered to a patient or pharmacy, in such a manner that the name of the drug, the dosage, the instructions for use, the printed name or other identifying letters or numbers unique to the medical practitioner, and, if required, the federal drug enforcement agency identifying number cannot be read by a registered pharmacist licensed to practice in this state.   (2) Any person may file a complaint alleging a violation of subsection (1) with the board that licensed the medical practitioner who issued the prescription. The board may investigate the complaint and take any action and impose any sanction allowed by the statutes relating to the board and rules adopted by the board. Each board licensing a medical practitioner shall adopt rules to implement this section.   (3) The board may refer the complaint to the county attorney of the county in which the prescription was issued, whether or not the board itself has taken any action or imposed any sanction. A county attorney may not file an action alleging a violation of subsection (1) unless a complaint has been referred to the county attorney by the medical practitioner's licensing board.   (4) A medical practitioner who violates subsection (1) is guilty of a civil offense and may be punished by a civil penalty of not more than $500 for each prescription.   History: En. Sec. 1, Ch. 436, L. 2005.
MT Code § 37-2-108 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-108. Restriction on prescriptions for opioid-naive patients -- exceptions

  37-2-108. (Temporary) Restriction on prescriptions for opioid-naive patients -- exceptions. (1) Except as provided in subsection (2), when a medical practitioner or a naturopathic physician prescribes an opioid to an opioid-naive patient on an outpatient basis, the prescription may not be for more than a 7-day supply.   (2) The restriction imposed under subsection (1) does not apply if:   (a) in the professional medical judgment of the medical practitioner or naturopathic physician, a prescription for more than a 7-day supply is necessary to treat chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; or   (b) the opioid being prescribed is designed for the treatment of opioid abuse or dependence, including but not limited to opioid agonists and opioid antagonists. (Terminates June 30, 2025--sec. 8, Ch. 89, L. 2019.)   History: En. Sec. 2, Ch. 89, L. 2019.
MT Code § 37-2-109 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-109. and 37-2-110 reserved

  37-2-109 and 37-2-110 reserved.
MT Code § 37-2-111 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 1. Prescribing and Dispensing of Drugs|37-2-111. Repealed

  37-2-111. Repealed. Sec. 75, Ch. 492, L. 2001.   History: En. Sec. 6, Ch. 202, L. 1921; re-en. Sec. 3194, R.C.M. 1921; re-en. Sec. 3194, R.C.M. 1935; amd. Sec. 8, Ch. 101, L. 1977; R.C.M. 1947, 66-1516.
MT Code § 37-2-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 2. Nonliability for Peer Review -- Confidentiality of Medical Assistance Program Information|37-2-201. Nonliability -- evidential privilege -- application to nonprofit corporations

  37-2-201. Nonliability -- evidential privilege -- application to nonprofit corporations. (1) A member of a utilization review or medical ethics review committee of a hospital or long-term care facility or of a professional utilization committee, peer review committee, medical ethics review committee, or professional standards review committee of a society composed of persons licensed to practice a health care profession is not liable in damages to any person for any action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the member after reasonable effort to obtain the facts of the matter for which the action is taken or a recommendation is made.   (2) The proceedings and records of professional utilization, peer review, medical ethics review, and professional standards review committees are not subject to discovery or introduction into evidence in any proceeding. However, information otherwise discoverable or admissible from an original source is not to be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before the committee, nor is a member of the committee or other person appearing before it to be prevented from testifying as to matters within the individual's knowledge, but the individual may not be questioned about the individual's testimony or other proceedings before the committee or about opinions or other actions of the committee or any member of the committee.   (3) This section also applies to any member, agent, or employee of a nonprofit corporation engaged in performing the functions of a peer review, medical ethics review, or professional standards review committee.   History: En. 66-1052 by Sec. 1, Ch. 226, L. 1975; amd. Sec. 1, Ch. 267, L. 1977; R.C.M. 1947, 66-1052; amd. Sec. 2, Ch. 22, L. 1979; amd. Sec. 1, Ch. 380, L. 1989; amd. Sec. 1353, Ch. 56, L. 2009.
MT Code § 37-2-202 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 2. Nonliability for Peer Review -- Confidentiality of Medical Assistance Program Information|37-2-202. Confidentiality of medical assistance program information -- health care information

  37-2-202. Confidentiality of medical assistance program information -- health care information. (1) The proceedings and records of a medical assistance program created in chapter 3, 4, 7, or 8 relating to a licensee who has received or is receiving assistance from the medical assistance program:   (a) are confidential and are considered to be proceedings and records of a professional standards review committee under 37-2-201; and   (b) are not subject to discovery or introduction into evidence in any administrative or judicial proceeding other than a disciplinary proceeding against the licensee before the applicable licensing board. If the proceedings and records are introduced into evidence in a disciplinary proceeding, the introduced materials are public unless otherwise protected by law.   (2) Any health care information, as defined in 50-16-803, that is maintained by a health care provider in the provision of health care services to a licensee participating in a medical assistance program provided for in chapter 3, 4, 7, or 8 is subject to discovery from the licensee or the health care provider and to introduction into evidence in an administrative or judicial proceeding as may otherwise be allowed by law.   History: En. Sec. 2, Ch. 122, L. 2011.
MT Code § 37-2-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-301. Duty to report cases of communicable disease

  37-2-301. Duty to report cases of communicable disease. (1) If a physician or other practitioner of the healing arts examines or treats a person who the physician or other practitioner believes has a communicable disease or a disease declared reportable by the department of public health and human services, the physician or other practitioner shall immediately report the case to the local health officer. The report must be in the form and contain the information prescribed by the department.   (2) A person who violates the provisions of this section or rules adopted by the department under the provisions of this section is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500, imprisoned for not more than 90 days, or both. Each day of violation constitutes a separate offense. Fines, except those collected by a justice's court, must be paid to the county treasurer of the county in which the violation occurs.   History: (1)En. Sec. 91, Ch. 197, L. 1967; Sec. 69-4514, R.C.M. 1947; (2)En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; Sec. 69-4519, R.C.M. 1947; R.C.M. 1947, 69-4514, 69-4519(part); amd. Sec. 21, Ch. 557, L. 1987; amd. Sec. 58, Ch. 418, L. 1995; amd. Sec. 87, Ch. 546, L. 1995.
MT Code § 37-2-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-302. Gunshot or stab wounds to be reported

  37-2-302. Gunshot or stab wounds to be reported. A physician, nurse, or other person licensed to practice a health care profession who is treating the victim of a gunshot wound or stabbing shall as soon as is practicable make a report to a law enforcement officer by the fastest possible means.   History: En. 66-1050 by Sec. 1, Ch. 303, L. 1974; R.C.M. 1947, 66-1050; amd. Sec. 1, Ch. 59, L. 2017.
MT Code § 37-2-303 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-303. Immunity from liability

  37-2-303. Immunity from liability. A physician or other person reporting pursuant to 37-2-302 is presumed to be acting in good faith and in reporting is immune from any liability, civil or criminal, unless the individual acted in bad faith or with malicious purpose.   History: En. 66-1051 by Sec. 2, Ch. 303, L. 1974; R.C.M. 1947, 66-1051; amd. Sec. 1354, Ch. 56, L. 2009.
MT Code § 37-2-304 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 2. General Provisions Relating to Health Care Practitioners|Part 3. Miscellaneous Provisions|37-2-304. Failure of health care provider to obtain insurance as unprofessional conduct

  37-2-304. Failure of health care provider to obtain insurance as unprofessional conduct. In addition to the conduct described in 37-1-316, failure of a health care provider, as defined in 27-6-103, to comply with a policy or practice implementing 28-10-103(3)(a) requiring insurance constitutes unprofessional conduct.   History: En. Sec. 3, Ch. 158, L. 2009.