reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-305. Telehealth services -- rulemaking authority

37-2-305. Telehealth services -- rulemaking authority.
(1) A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth:
(a) is appropriate for the services being provided;
(b) meets the standard of care for delivery of services; and
(c) complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.
(2) A board may adopt rules establishing requirements for the use of telehealth by its licensees.
(3) (a) For the purposes of this section, "telehealth" means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:
(i) used by a health care provider or health care facility to deliver health care services; and
(ii) delivered over a secure connection that complies with the requirements of state and federal privacy laws.
(b) The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile machines and electronic messaging is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.
(c) For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509, the term does not include the use of audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.
History: En. Sec. 1, Ch. 497, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-306. Performance of sensitive medical examinations -- informed consent required

37-2-306. Performance of sensitive medical examinations -- informed consent required.
(1) A person licensed or certified under this title to provide health care may not knowingly perform or supervise the performance of a breast, pelvic, urogenital, prostate, or rectal examination on a patient who is anesthetized or unconscious unless:
(a) the patient or a person authorized to make health care decisions for the patient has provided specific informed consent to the examination;
(b) the examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(c) an emergency exists, it is impracticable to obtain consent, and the examination is necessary for diagnostic or treatment purposes.
(2) Violation of subsection (1) constitutes unprofessional conduct.
History: En. Sec. 1, Ch. 197, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-307. Medical or surgical transition for minors

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.
History: En. Sec. 7, Ch. 306, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-311. Report to department of justice by physician

37-2-311. Report to department of justice by physician.
(1) Any physician who diagnoses a physical or mental condition that, in the physician's judgment, will significantly impair a person's ability to safely operate a motor vehicle may voluntarily report the person's name and other information relevant to the person's condition to the department of justice. The department, upon receiving the report, shall require the person reported to be examined or investigated as provided for in 61-5-207.
(2) (a) The physician's report may be introduced as evidence in any proceeding involving the granting, suspension, or revocation of the person's driver's license, driving privilege, or commercial driver's license before the department or a court.
(b) The physician's report may not be utilized in a criminal proceeding or in a civil proceeding, other than as provided in this subsection (2), without the consent of the patient.
History: En. Sec. 1, Ch. 126, L. 1983; amd. Sec. 1, Ch. 419, L. 1991; amd. Sec. 1355, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-312. Physician's immunity from liability

37-2-312. Physician's immunity from liability.
A physician reporting in good faith is immune from any liability, civil or criminal, that otherwise might result by reason of the physician's actions pursuant to 37-2-311 except for damages occasioned by gross negligence. An action may not be brought against a physician for not making a report pursuant to 37-2-311.
History: En. Sec. 2, Ch. 126, L. 1983; amd. Sec. 1356, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-316. Assistance program audits

37-2-316. Assistance program audits.
(1) In each 10-year period, the medical assistance programs provided for in chapters 3, 4, 7, and 8 must be audited for performance objectives as determined by each licensing board in chapters 3, 4, 7, and 8 at least twice, as provided in subsections (2) and (3).
(2) Licensing boards in chapters 3, 4, 7, and 8 shall jointly contract and pay for an external audit of the relevant assistance program once every 5 years. The department shall assess the costs to each licensing board in chapters 3, 4, 7, and 8 for the external audit over a corresponding period.
(3) The department shall arrange for an internal audit midway through the subsequent 5-year period and shall assess costs to the licensing boards in chapters 3, 4, 7, and 8 for the internal audit, budgeting over the corresponding period.
History: En. Sec. 1, Ch. 122, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-317. Recognition of federal authority

37-2-317. (Temporary) Recognition of federal authority.
The state of Montana recognizes that the Indian Health Care Improvement Act, 25 U.S.C. 1601, et seq.:
(1) provides the federal secretary of health and human services, acting through the Indian health service, with the authority to:
(a) establish a community health aide program in the state of Montana; and
(b) establish and maintain a community health aide certification board to adopt certification standards for individuals to act as specific aides within the program, including community health aides, behavioral health aides, and dental health aide therapists; and
(2) requires dental health aide therapist services to be excluded from the community health aide program in Montana unless the services are authorized under state law and provided in accordance with state law. (Terminates September 30, 2025--sec. 1, Ch. 298, L. 2023.)
History: En. Sec. 1, Ch. 412, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 3. Miscellaneous Provisions › 37-2-318. Community health aide program -- exception to licensing requirements

37-2-318. (Temporary) 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. (Terminates September 30, 2025--sec. 1, Ch. 298, L. 2023.)
History: En. Sec. 2, Ch. 412, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 4. Medical Practice Group Quality Assurance › 37-2-402. Quality assurance program activities

37-2-402. Quality assurance program activities.
A quality assurance program may include but is not limited to the following activities:
(1) review of pending malpractice claims;
(2) review of quality assurance issues;
(3) identification of areas in need of improvement related to quality and appropriateness of patient care;
(4) promotion and evaluation of best practices;
(5) review and analysis of risk management issues;
(6) oversight of medical event management processes;
(7) prioritization of risk management activities;
(8) tracking of information and of trends identified by data;
(9) investigation of incidents related to quality;
(10) development of risk management strategies, education, and training;
(11) development and implementation of remedial solutions related to quality and appropriateness of patient care for all licensed professionals and other staff affiliated with the medical practice group;
(12) review of information and trends related to claims; and
(13) peer review and oversight of medical practitioners.
History: En. Sec. 2, Ch. 291, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 4. Medical Practice Group Quality Assurance › 37-2-403. Quality assurance committee access to information

37-2-403. Quality assurance committee access to information.
(1) It is in the interest of public health and patient medical care that quality assurance committees have access to medical records and other health care information relating to the condition and treatment of the patients of medical practice groups in order to:
(a) evaluate matters relating to the care and treatment of patients for research purposes;
(b) reduce morbidity or mortality; and
(c) obtain statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries.
(2) To carry out these purposes, a medical practice group and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient of the medical practice group to any quality assurance committee of the medical practice group.
History: En. Sec. 3, Ch. 291, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 4. Medical Practice Group Quality Assurance › 37-2-409. Quality assurance guidelines -- reviews -- contracts

37-2-409. Quality assurance guidelines -- reviews -- contracts.
(1) Reviews of medical practitioners conducted by a quality assurance committee under this part must comply with the following guidelines:
(a) A random review is a review of at least 10 randomly selected patient charts, which must be reviewed by a quality assurance committee. The quality assurance committee may gather data from any source for purposes of the review. The quality assurance committee shall submit an evaluation report to the medical practice group outlining the review findings and recommending changes if changes are determined necessary.
(b) A focused review is a review intended for specific clinical and quality improvement purposes, such as:
(i) reviewing patient medical records relating to a certain disease or procedural category for purposes of comparing documented treatment to available and current standards of medical care;
(ii) assessing the efficacy and efficiency of an office procedure or process related to clinical care; or
(iii) reviewing office and clinical practices prompted by an analysis and results of incident reports.
(c) An incident review is for purposes of gathering data, investigating, conducting analysis, coordinating all responses, and recommending and initiating corrective action, as necessary, connected with a specific incident involving the delivery of medical care to a patient of the medical practice group.
(2) (a) A review of a medical practitioner conducted by a quality assurance committee under this part must be based on appropriateness, medical necessity, adequacy of documentation, and efficiency of services.
(b) The medical practitioner being reviewed must be immediately advised of the findings of the quality assurance committee in order to further the educational process for the physician.
(c) As a result of a review of a medical practitioner conducted under this part, the medical practice group is responsible for documenting:
(i) any corrective action that is taken;
(ii) any policies, procedures, or clinical processes that are changed;
(iii) the person responsible for implementing the changes; and
(iv) how the medical practice group will ensure that the changes are made.
(3) A medical practice group may contract with a group or organization composed of medical practitioners or with a nonprofit corporation engaged in performing the functions of a quality assurance committee for purposes of conducting any review allowed under this part.
History: En. Sec. 5, Ch. 291, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 4. Medical Practice Group Quality Assurance › 37-2-410. Restrictions on use or publication of information

37-2-410. Restrictions on use or publication of information.
(1) A quality assurance committee may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment and for research and statistical purposes.
(2) In any report or publication of findings and conclusions of a quality assurance committee, the committee or the members, agents, or employees of the committee may not disclose the name or identity of any patient whose medical records or other protected health information have been studied.
(3) A quality assurance committee and its members, agents, or employees shall protect the identity of any patient whose condition or treatment has been studied and may not disclose or reveal the name of any patient of a medical practice group.
History: En. Sec. 6, Ch. 291, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 5. Medical Practice Protection Act › 37-2-502. Definitions

37-2-502. Definitions.
As used in this part, the following definitions apply:
(1) "Health care provider" means an individual licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(2) "Labeling" means any written material that accompanies, supplements, or explains a product.
(3) "Lawful health care service" means any health-related service or treatment that is not prohibited by law or regulation.
(4) "Off-label use" means any use of a prescription drug, biologic, approved medical device, or dietary supplement approved by the United States food and drug administration in a manner not specified in the labeling or indications for the product if the product is used for medical purposes.
(5) "Punish" means the imposition of any penalty, sanction, or disciplinary action to discourage the exercise of the right to freedom of speech under this part.
(6) (a) "Unprofessional conduct" has the meaning provided in 37-1-316.
(b) The term does not include conduct by a health care provider who is acting within the minimum standards of practice as determined by the licensing board responsible for governing the health care provider's profession.
History: En. Sec. 2, Ch. 533, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 5. Medical Practice Protection Act › 37-2-503. Health care provider right to advise of lawful health services

37-2-503. Health care provider right to advise of lawful health services.
(1) A health care provider may:
(a) make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services;
(b) make a patient aware of or educate or advise a patient about health care-related research or data; and
(c) offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.
(2) (a) A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.
(b) The prohibition on punishment includes an adverse licensure action.
(3) This section does not:
(a) prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice;
(b) impair a private health care entity from establishing standards of practice and communications standards for its employees;
(c) impair any right or limitation on medical liability; or
(d) prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.
History: En. Sec. 3, Ch. 533, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 5. Medical Practice Protection Act › 37-2-504. Applicability to health insurance and health care facilities

37-2-504. Applicability to health insurance and health care facilities.
The provisions of this part do not require:
(1) a health insurer to cover a lawful health service recommended or provided pursuant to 37-2-503; or
(2) a health care facility providing care to a patient to provide a lawful health service recommended pursuant to 37-2-503.
History: En. Sec. 4, Ch. 533, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 6. Pediatric Complex Care Assistant Services › 37-2-603. Pediatric complex care assistant -- qualifications -- scope of practice

37-2-603. (Temporary) Pediatric complex care assistant -- qualifications -- scope of practice.
(1) An individual may not practice as a pediatric complex care assistant unless licensed under Title 37, chapter 1, and this chapter.
(2) An applicant for licensure must have:
(a) completed a training program approved by the department and received a valid certificate from the training program; and
(b) passed a hands-on examination approved by the department that demonstrates the applicant's competence.
(3) The training program approved by the department must include medication administration, airway clearance therapies, tracheostomy care, and enteral care and therapy for an individual under 21 years of age.
(4) A pediatric complex care assistant may provide services only to an individual under 21 years of age for whom the care assistant is a parent, guardian, other family member, or kinship care or foster care provider. The services must be:
(a) ordered by a physician and consistent with the individual's plan of care; and
(b) limited to:
(i) duties considered by the department to be equivalent to those of a certified nursing assistant;
(ii) medication administration;
(iii) tracheostomy care and enteral care and therapy;
(iv) airway clearance therapies; and
(v) other services as allowed by the department by rule. (Terminates June 30, 2031--sec. 10, Ch. 628, L. 2023.)
History: En. Sec. 1, Ch. 628, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 6. Pediatric Complex Care Assistant Services › 37-2-610. Rulemaking

37-2-610. (Temporary) Rulemaking.
The department shall adopt rules to carry out the purposes of 37-2-603, including but not limited to:
(1) training and testing requirements for pediatric complex care assistants;
(2) application fees; and
(3) pediatric complex care assistant scope of practice. (Terminates June 30, 2031--sec. 10, Ch. 628, L. 2023.)
History: En. Sec. 2, Ch. 628, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 1. General › 37-3-101. Purpose

37-3-101. Purpose.
It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of medicine within the state of Montana is a privilege granted by the legislative authority and is not a natural right of individuals and that it is deemed necessary, as a matter of such policy and in the interests of the health, happiness, safety, and welfare of the people of Montana, to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and to license competent physicians to practice medicine and thereby provide for the health needs of the people of Montana.
History: En. Sec. 2, Ch. 338, L. 1969; R.C.M. 1947, 66-1011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 1. General › 37-3-104. Medical assistants -- guidelines

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 37-1-410 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.
History: En. Sec. 5, Ch. 85, L. 2003; amd. Sec. 2, Ch. 225, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-201. Organization

37-3-201. Organization.
(1) (a) The board shall elect from among its members a president, vice-president, and secretary.
(b) The board shall adopt a seal on which appear the words "The Board of Medical Examiners of Montana" and "Official Seal".
(2) The board shall establish a screening panel for disciplinary matters as provided for in 37-1-307.
History: En. Sec. 6, Ch. 338, L. 1969; amd. Sec. 93, Ch. 350, L. 1974; R.C.M. 1947, 66-1015; amd. Sec. 1, Ch. 60, L. 2005; amd. Sec. 7, Ch. 126, L. 2005; amd. Sec. 4, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-202. Policy

37-3-202. Policy.
The board shall maintain reasonable and continuing supervision and surveillance over all licensees under this chapter to ensure that such licensees maintain standards of conduct and exercise the privileges granted hereunder in the greatest public interest and to carry out the purposes and provisions of this chapter.
History: En. Sec. 7, Ch. 338, L. 1969; R.C.M. 1947, 66-1016.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-204. Meetings

37-3-204. Meetings.
The board shall hold meetings for business properly before the board at least twice annually at times and places set by the board. The president of the board may call special meetings that the president considers advisable or necessary.
History: En. Sec. 9, Ch. 338, L. 1969; amd. Sec. 95, Ch. 350, L. 1974; R.C.M. 1947, 66-1018; amd. Sec. 12, Ch. 492, L. 2001; amd. Sec. 6, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-205. Records

37-3-205. Records.
The department shall keep a record of the board's proceedings and also records of applicants for licenses and a register of licenses. The register is prima facie evidence of the matters contained in it.
History: En. Sec. 10, Ch. 338, L. 1969; amd. Sec. 96, Ch. 350, L. 1974; R.C.M. 1947, 66-1019; amd. Sec. 8, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-206. Compensation and expenses of members

37-3-206. Compensation and expenses of members.
Each member of the board of medical examiners shall receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 11, Ch. 338, L. 1969; amd. Sec. 1, Ch. 165, L. 1974; amd. Sec. 97, Ch. 350, L. 1974; amd. Sec. 30, Ch. 439, L. 1975; R.C.M. 1947, 66-1020; amd. Sec. 7, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-208. Repealed

37-3-208. Repealed.
Sec. 9, Ch. 122, L. 2011.
History: En. Sec. 1, Ch. 271, L. 2007; amd. Sec. 2, Ch. 326, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 2. Board of Medical Examiners › 37-3-211. Executive officer

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.
History: En. Sec. 2, Ch. 135, L. 1989; amd. Sec. 13, Ch. 492, L. 2001; amd. Sec. 19, Ch. 467, L. 2005; amd. Sec. 7, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-301. License required -- kinds of licenses

37-3-301. License required -- kinds of licenses.
(1) Before being issued a license, an applicant may not engage in the practice of medicine in this state.
(2) The department may issue two kinds of licenses under the board's seal, a physician's license and a resident license.
(3) The board shall provide guidelines by administrative rule for the practice of telemedicine by physicians.
(4) A license issued by the board that has not expired prior to July 1, 2015, remains valid until renewal unless the licensee is otherwise subject to disciplinary proceedings.
History: (1)En. Sec. 25, Ch. 338, L. 1969; amd. Sec. 105, Ch. 350, L. 1974; Sec. 66-1034, R.C.M. 1947; (2)En. Sec. 12, Ch. 338, L. 1969; amd. Sec. 98, Ch. 350, L. 1974; Sec. 66-1021, R.C.M. 1947; R.C.M. 1947, 66-1021, 66-1034(part); amd. Sec. 1, Ch. 145, L. 1995; amd. Sec. 4, Ch. 492, L. 1997; amd. Sec. 10, Ch. 371, L. 1999; amd. Sec. 9, Ch. 126, L. 2005; amd. Sec. 20, Ch. 467, L. 2005; amd. Sec. 8, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-302. Repealed

37-3-302. Repealed.
Sec. 46, Ch. 126, L. 2005.
History: En. Sec. 13, Ch. 338, L. 1969; R.C.M. 1947, 66-1022.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-303. Practice authorized by physician's license

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.
History: En. Sec. 14, Ch. 338, L. 1969; amd. Sec. 3, Ch. 203, L. 1971; R.C.M. 1947, 66-1023; amd. Sec. 1, Ch. 323, L. 1979; amd. Sec. 3, Ch. 85, L. 2003; amd. Sec. 6, Ch. 224, L. 2003; amd. Sec. 10, Ch. 126, L. 2005; amd. Sec. 9, Ch. 154, L. 2015; amd. Sec. 8, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-304. Repealed

37-3-304. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 15, Ch. 338, L. 1969; R.C.M. 1947, 66-1024; amd. Sec. 4, Ch. 85, L. 2003; amd. Sec. 7, Ch. 224, L. 2003; amd. Sec. 1, Ch. 306, L. 2003; amd. Sec. 11, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-305. Qualifications for licensure

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) has completed an approved residency program or, for an applicant who graduated from medical school prior to 2000, has had experience or training that the board has determined 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.
History: En. Sec. 18, Ch. 338, L. 1969; amd. Sec. 3, Ch. 168, L. 1971; amd. Sec. 101, Ch. 350, L. 1974; amd. Sec. 1, Ch. 213, L. 1977; R.C.M. 1947, 66-1027(1), (2); amd. Sec. 2, Ch. 323, L. 1979; amd. Sec. 3, Ch. 419, L. 1993; amd. Sec. 7, Ch. 230, L. 1999; amd. Sec. 2, Ch. 306, L. 2003; amd. Sec. 21, Ch. 467, L. 2005; amd. Sec. 15, Ch. 109, L. 2009; amd. Sec. 10, Ch. 154, L. 2015; amd. Sec. 1, Ch. 156, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-306. Repealed

37-3-306. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 16, Ch. 338, L. 1969; amd. Sec. 4, Ch. 203, L. 1971; amd. Sec. 1, Ch. 403, L. 1973; amd. Sec. 2, Ch. 166, L. 1974; amd. Sec. 99, Ch. 350, L. 1974; R.C.M. 1947, 66-1025; amd. Sec. 1, Ch. 438, L. 1979; amd. Sec. 12, Ch. 126, L. 2005; amd. Sec. 22, Ch. 467, L. 2005; amd. Sec. 16, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-307. Qualifications for licensure -- resident license

37-3-307. Qualifications for licensure -- resident license.
(1) The board may authorize the department to issue a resident license to practice medicine to an applicant who:
(a) is in good standing:
(i) in a Montana residency program and is seeing patients under the supervision of a physician who possesses a current, unrestricted license to practice medicine in this state; or
(ii) with an approved residency and who, in the course of an approved rotation of the applicant's residency program, is seeing patients under the supervision of a physician who possesses a current, unrestricted license to practice medicine in this state; and
(b) submits an application to the department on an approved form and submits the fee set by the board, as provided in 37-3-308.
(2) A resident license may not be issued for a period that exceeds 1 year. A resident license may be renewed, at the board's discretion, for additional 1-year periods as long as the resident is in good standing in an approved residency program.
History: (1), (2)En. Sec. 17, Ch. 338, L. 1969; amd. Sec. 1, Ch. 166, L. 1974; amd. Sec. 100, Ch. 350, L. 1974; Sec. 66-1026, R.C.M. 1947; (3)En. Sec. 18, Ch. 338, L. 1969; amd. Sec. 3, Ch. 168, L. 1971; amd. Sec. 101, Ch. 350, L. 1974; amd. Sec. 1, Ch. 213, L. 1977; Sec. 66-1027, R.C.M. 1947; R.C.M. 1947, 66-1026, 66-1027(3); amd. Sec. 8, Ch. 224, L. 2003; amd. Sec. 13, Ch. 126, L. 2005; amd. Sec. 23, Ch. 467, L. 2005; amd. Sec. 11, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-308. Application fee -- further tax forbidden

37-3-308. Application fee -- further tax forbidden.
(1) Each applicant shall pay an initial application fee as prescribed by the board.
(2) A license tax may not be imposed upon physicians by a municipality or any other subdivision of the state.
History: En. Sec. 22, Ch. 338, L. 1969; amd. Sec. 1, Ch. 167, L. 1974; R.C.M. 1947, 66-1031; amd. Sec. 2, Ch. 345, L. 1981; amd. Sec. 17, Ch. 109, L. 2009; amd. Sec. 12, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-309. Application for license

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.
History: En. Sec. 23, Ch. 338, L. 1969; amd. Sec. 103, Ch. 350, L. 1974; R.C.M. 1947, 66-1032; amd. Sec. 1, Ch. 348, L. 1983; amd. Sec. 24, Ch. 429, L. 1995; amd. Sec. 14, Ch. 126, L. 2005; amd. Sec. 24, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-310. Notice of change of address or name -- applicants -- licensees

37-3-310. Notice of change of address or name -- applicants -- licensees.
When a person applies for a license of any type to practice medicine in this state, the person shall designate in the application the person's correct and official address to which the department shall send communications, notices, orders, citations, or other process, if any, affecting the person. A person licensed to practice medicine in this state shall keep the department advised at all times of the person's correct mailing address and of the person's correct name. If the person changes the person's address or when the name of a licensee is changed by marriage or otherwise, the person shall within 30 days notify the department electronically or in writing of the old and new address or of the former name and new name. This information must be entered promptly by the department in the official records of the department.
History: En. Sec. 39, Ch. 338, L. 1969; amd. Sec. 113, Ch. 350, L. 1974; R.C.M. 1947, 66-1048; amd. Sec. 1357, Ch. 56, L. 2009; amd. Sec. 4, Ch. 100, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-311. Repealed

37-3-311. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 24, Ch. 338, L. 1969; amd. Sec. 2, Ch. 167, L. 1974; amd. Sec. 104, Ch. 350, L. 1974; R.C.M. 1947, 66-1033; amd. Sec. 2, Ch. 348, L. 1983; amd. Sec. 1, Ch. 405, L. 1985; amd. Sec. 25, Ch. 467, L. 2005; amd. Sec. 18, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-312. Issuance of license

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.
History: En. Sec. 25, Ch. 338, L. 1969; amd. Sec. 105, Ch. 350, L. 1974; R.C.M. 1947, 66-1034(part); amd. Sec. 13, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-313. Limiting authority to impose renewal fees

37-3-313. Limiting authority to impose renewal fees.
A license or renewal fee may not be imposed on a licensee under this chapter by a municipality or any other subdivision of the state.
History: En. Sec. 33, Ch. 338, L. 1969; amd. Sec. 110, Ch. 350, L. 1974; amd. Sec. 6, Ch. 533, L. 1977; R.C.M. 1947, 66-1042; amd. Sec. 3, Ch. 345, L. 1981; amd. Sec. 25, Ch. 429, L. 1995; amd. Sec. 5, Ch. 492, L. 1997; amd. Sec. 9, Ch. 224, L. 2003; amd. Sec. 7, Ch. 271, L. 2003; amd. Sec. 26, Ch. 467, L. 2005.