reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-314. Deposit of money received

37-3-314. Deposit of money received.
Money received under this chapter by the department shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6). In the case of a deficiency, the reserves in this account in the state special revenue fund may be used, on approval by the department of administration and the governor.
History: En. Sec. 34, Ch. 338, L. 1969; amd. Sec. 111, Ch. 350, L. 1974; R.C.M. 1947, 66-1043; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-315. Repealed

37-3-315. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 2, Ch. 145, L. 1995; amd. Sec. 10, Ch. 224, L. 2003; amd. Sec. 15, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-321. Refusal of license

37-3-321. Refusal of license.
If the board determines that an applicant for a license to practice medicine does not possess the qualifications or character required by this chapter or that the applicant has committed unprofessional conduct, the board may deny the license.
History: En. Sec. 27, Ch. 338, L. 1969; amd. Sec. 106, Ch. 350, L. 1974; R.C.M. 1947, 66-1036; amd. Sec. 1358, Ch. 56, L. 2009; amd. Sec. 14, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-322. Repealed

37-3-322. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 28, Ch. 338, L. 1969; amd. Sec. 107, Ch. 350, L. 1974; R.C.M. 1947, 66-1037; amd. Sec. 3, Ch. 22, L. 1979; amd. Sec. 1, Ch. 328, L. 1989; amd. Sec. 1, Ch. 164, L. 1991; amd. Sec. 4, Ch. 419, L. 1993; amd. Sec. 11, Ch. 619, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-323. Suspension of license -- investigation

37-3-323. Suspension of license -- investigation.
(1) The department may investigate whenever the department learns of a reason to suspect that a license applicant or a person having a license to practice medicine in this state:
(a) is mentally or physically unable to safely engage in the practice of medicine, has procured a license to practice medicine by fraud or misrepresentation or through mistake, has been declared incompetent by a court of competent jurisdiction and has not later been lawfully declared competent, or has a condition that impairs the person's intellect or judgment to the extent that the condition incapacitates the person for the safe performance of professional duties;
(b) has engaged in unprofessional conduct;
(c) has practiced medicine with a suspended or revoked license;
(d) has had a license to practice medicine suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or
(e) while under probation has violated the terms of probation.
(2) The investigation must be for the purpose of determining the probability of the existence of these conditions or the commission of these offenses and may, upon order of the board, include requiring the person to submit to a physical examination or a mental examination, or both, by a physician or physicians selected by the board or the board's representative if the board considers that the evaluation is in the best interests of the public. The board may examine and scrutinize the hospital records and reports of a licensee or license applicant as part of the examination, and copies must be released to the board on written request.
(3) If a person holding a license to practice medicine under this chapter is by a final order or adjudication of a court of competent jurisdiction adjudged to be mentally incompetent, to be addicted to the use of addictive substances, or to have been committed pursuant to 53-21-127, the person's license may be suspended by the board. The suspension continues until the licensee is found or adjudged by the court to be restored to reason or cured or until the person is discharged as restored to reason or cured and the person's professional competence has been proved to the satisfaction of the board.
History: En. Sec. 29, Ch. 338, L. 1969; amd. Sec. 108, Ch. 350, L. 1974; amd. Sec. 1, Ch. 63, L. 1975; amd. Sec. 3, Ch. 101, L. 1977; R.C.M. 1947, 66-1038; amd. Sec. 1, Ch. 321, L. 1989; amd. Sec. 1, Ch. 540, L. 1991; amd. Sec. 5, Ch. 419, L. 1993; amd. Sec. 26, Ch. 429, L. 1995; amd. Sec. 7, Ch. 490, L. 1997; amd. Sec. 16, Ch. 126, L. 2005; amd. Sec. 19, Ch. 109, L. 2009; amd. Sec. 15, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-324. Reconsideration and review of actions of board

37-3-324. Reconsideration and review of actions of board.
The board may, on its own motion or upon application at any time after refusal, suspension, or the revocation of a license or of probation or of other action as in this chapter provided, reconsider its prior action and grant, reinstate, or restore such license or terminate the suspension thereof or terminate probation or reduce the severity of its prior disciplinary action, provided that the taking of any such further action or the holding of a hearing with respect thereto shall rest in the sole discretion of the board.
History: En. Sec. 30, Ch. 338, L. 1969; R.C.M. 1947, 66-1039.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-325. Repealed

37-3-325. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 32, Ch. 338, L. 1969; amd. Sec. 109, Ch. 350, L. 1974; R.C.M. 1947, 66-1041; amd. Sec. 1359, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-326. Repealed

37-3-326. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 36, Ch. 338, L. 1969; amd. Sec. 112, Ch. 350, L. 1974; R.C.M. 1947, 66-1045; amd. Sec. 1360, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-327. Repealed

37-3-327. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 37, Ch. 338, L. 1969; R.C.M. 1947, 66-1046.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-328. Repealed

37-3-328. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 38, Ch. 338, L. 1969; R.C.M. 1947, 66-1047; amd. Sec. 1361, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-333. Written informed consent for breast cancer treatment

37-3-333. Written informed consent for breast cancer treatment.
(1) For the purpose of this section, "written informed consent" means an agreement in writing that is freely executed by the patient that certifies that full disclosure has been made to the patient about:
(a) the full range of efficacious medical treatment alternatives that may be viable, including surgical procedures relating to the removal of breast tissue, radiological or chemotherapeutic treatments or any other generally accepted medical treatment, or combinations of procedures and treatments;
(b) the advantages, disadvantages, risks, and descriptions of the procedures and treatments listed in subsection (1)(a); and
(c) aspects of recovery, including the options that are available for reconstructive surgery.
(2) Failure of a physician or surgeon to provide written informed consent as provided in subsection (1) constitutes unprofessional conduct.
History: En. Sec. 3, Ch. 410, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-341. Repealed

37-3-341. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 1, Ch. 371, L. 1999; amd. Sec. 27, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-342. Repealed

37-3-342. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 2, Ch. 371, L. 1999; amd. Sec. 28, Ch. 467, L. 2005; amd. Sec. 20, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-343. Repealed

37-3-343. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 3, Ch. 371, L. 1999; amd. Sec. 17, Ch. 126, L. 2005; amd. Sec. 29, Ch. 467, L. 2005; amd. Sec. 25, Ch. 419, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-344. Repealed

37-3-344. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 4, Ch. 371, L. 1999; amd. Sec. 18, Ch. 126, L. 2005; amd. Sec. 30, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-345. Repealed

37-3-345. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 5, Ch. 371, L. 1999; amd. Sec. 11, Ch. 224, L. 2003; amd. Sec. 19, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-346. Repealed

37-3-346. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 371, L. 1999; amd. Sec. 8, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-347. Repealed

37-3-347. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 7, Ch. 371, L. 1999; amd. Sec. 21, Ch. 126, L. 2005; amd. Sec. 31, Ch. 467, L. 2005; amd. Sec. 26, Ch. 419, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-348. Repealed

37-3-348. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 8, Ch. 371, L. 1999; amd. Sec. 22, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-349. Repealed

37-3-349. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 9, Ch. 371, L. 1999; amd. Sec. 23, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 3. Licensing › 37-3-357. Designation of appointing authority

37-3-357. Designation of appointing authority.
The governor shall appoint members of the board of medical examiners or the board's executive officer to serve as commissioners on the interstate medical licensure compact commission provided for in 37-3-356.
History: En. Sec. 2, Ch. 203, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 4. Reporting Obligations › 37-3-401. Report of incompetence or unprofessional conduct

37-3-401. Report of incompetence or unprofessional conduct.
(1) Notwithstanding any provision of state law dealing with confidentiality, each licensed physician, professional standards review organization, and the Montana medical association or any component society of the association shall and any other person may report to the board any information that the physician, organization, association, society, or person has that appears to show that a physician is:
(a) medically incompetent;
(b) mentally or physically unable to safely engage in the practice of medicine; or
(c) guilty of unprofessional conduct.
(2) (a) Information that relates to possible physical or mental impairment connected to habitual intemperance or excessive use of addictive drugs, alcohol, or any other drug or substance by a licensee or to other mental or chronic physical illness of a licensee may be reported to the appropriate personnel of the medical assistance program established by the board under 37-3-203, in lieu of reporting directly to the board.
(b) The medical assistance program personnel referred to in subsection (2)(a) shall report to the board the identity of a licensee and all facts and documentation in their possession if:
(i) the licensee fails or refuses to:
(A) comply with a reasonable request that the licensee undergo a mental, physical, or chemical dependency evaluation or a combination of evaluations;
(B) undergo a reasonable course of recommended treatment, including reasonable aftercare;
(C) satisfactorily complete a reasonable evaluation, a course of treatment, or aftercare;
(ii) the licensee's condition creates a risk of harm to the licensee, a patient, or others; or
(iii) the medical assistance program personnel are in possession of information that appears to show that the licensee has or is otherwise engaged in unprofessional conduct.
(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. 66-1053 by Sec. 1, Ch. 172, L. 1977; R.C.M. 1947, 66-1053; amd. Sec. 6, Ch. 419, L. 1993; amd. Sec. 3, Ch. 326, L. 2009; amd. Sec. 5, Ch. 122, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 4. Reporting Obligations › 37-3-402. Insurer to report to board

37-3-402. Insurer to report to board.
Any insurer that issues or underwrites professional liability insurance in this state to any physician licensed to practice medicine shall report any claim against the insured for alleged professional negligence to the state board of medical examiners within 30 days after receiving notice of the claim from the insured or any other person. A final settlement or court decision resolving the claim in favor of the claimant shall also be reported to the board within 30 days of such settlement or decision. The report required by this section shall include the name of the insured, the name of the person making the claim, the reason or reasons for which the claim is made, and the basis of the settlement or court decision.
History: En. 66-1054 by Sec. 2, Ch. 172, L. 1977; R.C.M. 1947, 66-1054; amd. Sec. 4, Ch. 243, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 4. Reporting Obligations › 37-3-403. Report of prohibition or limitation on practice by hospital

37-3-403. Report of prohibition or limitation on practice by hospital.
With the exception of the first two violations of hospital policies related to charts, medical records, or other policies not directly associated with the clinical care of a patient, each hospital or health care facility that prohibits or limits the privilege of a physician to practice medicine within that facility shall report the action to the state board of medical examiners within 30 days after the action is taken. The report must include each reason for the prohibition or limitation.
History: En. 66-1055 by Sec. 3, Ch. 172, L. 1977; R.C.M. 1947, 66-1055; amd. Sec. 27, Ch. 429, L. 1995; amd. Sec. 16, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 4. Reporting Obligations › 37-3-404. Immunity of person providing information

37-3-404. Immunity of person providing information.
A person, organization, association, society, or health care facility which in good faith provides information to the state board of medical examiners as required by 37-3-401, 37-3-402, or 37-3-403 is not subject to suit for civil damages as a result thereof.
History: En. 66-1056 by Sec. 4, Ch. 172, L. 1977; R.C.M. 1947, 66-1056.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 4. Reporting Obligations › 37-3-405. Suspension of license or privilege for failure to report

37-3-405. Suspension of license or privilege for failure to report.
The willful failure of any person, organization, association, society, or health care facility to comply with 37-3-401, 37-3-402, or 37-3-403 is grounds for suspension of any license or privilege granted by the state of Montana. Upon such failure, the agency granting the license or privilege may, in its discretion, suspend the license or privilege for a period not to exceed 1 month.
History: En. 66-1057 by Sec. 5, Ch. 172, L. 1977; R.C.M. 1947, 66-1057.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-802. Purpose -- establishment of program

37-3-802. Purpose -- establishment of program.
The purposes of this part are to:
(1) provide outpatient care to eligible individuals by physicians at affordable prices;
(2) keep the elderly or infirm in their homes longer; and
(3) provide home health care visits for patients who have difficulty in traveling.
History: En. Sec. 2, Ch. 385, L. 2009; amd. Sec. 3, Ch. 705, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-803. Definitions

37-3-803. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Eligible individual" means an individual who is:
(a) enrolled in the medicare program;
(b) enrolled in the medical assistance program provided for in Title 53, chapter 6; or
(c) uninsured and whose family income does not exceed 200% of the federal poverty level.
(2) "Health care" has the meaning provided in 50-16-504.
(3) "Health care facility" has the meaning provided in 50-5-101.
History: En. Sec. 3, Ch. 385, L. 2009; amd. Sec. 4, Ch. 705, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-804. Eligibility for participation

37-3-804. Eligibility for participation.
A physician who is properly licensed and in good standing in Montana may participate in the health corps provided for in this part on:
(1) payment of a fee established by the board by rule; and
(2) providing a listing of clinical services offered by the applicant and the location where the services are offered if the services are rendered outside of a person's home.
History: En. Sec. 4, Ch. 385, L. 2009; amd. Sec. 5, Ch. 705, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-805. Visits -- charges

37-3-805. Visits -- charges.
(1) Physicians or health care facilities may refer medicare or medicaid patients to the health corps program.
(2) A health corps member may make home visitations to eligible individuals for the purpose of providing health care to the individuals.
(3) A health corps member may charge $10 for a patient contact or visit and may submit a charge to medicare or medicaid.
History: En. Sec. 5, Ch. 385, L. 2009; amd. Sec. 6, Ch. 705, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-806. Limitation on liability

37-3-806. Limitation on liability.
A physician who renders health care within the scope of the physician's license to a patient under this part is not liable to a patient or other person for civil damages resulting from the rendering of the care unless the damages were the result of gross negligence or willful or wanton acts or omissions by the physician. Each patient must be given notice that under state law the physician may not be held legally liable for ordinary negligence for services provided under the health corps program.
History: En. Sec. 6, Ch. 385, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-807. Termination of participation in health corps

37-3-807. Termination of participation in health corps.
The board may take disciplinary action against a physician participating in the health corps program as provided in Title 37 and may terminate a physician's participation in the health corps program based upon the disciplinary action.
History: En. Sec. 7, Ch. 385, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 3. Medicine › Part 8. Montana Health Corps Act › 37-3-808. Insurance coverage -- assessment on licensees -- optional use

37-3-808. Insurance coverage -- assessment on licensees -- optional use.
(1) Subject to 37-1-121, the board may procure a malpractice insurance policy to provide coverage for health corps members. The coverage:
(a) may not cover any services:
(i) performed by a physician who has not paid the fee required under 37-3-804 to participate in the Montana Health Corps Act; or
(ii) provided by a health corps physician to someone other than an eligible individual;
(b) is limited to damages available pursuant to 37-3-806; and
(c) does not create, infer, or establish any agency relationship or liability by the board for any services performed under the Montana Health Corps Act.
(2) A policy purchased by the board under this section must be paid for by a fee established by the board by rule that is assessed on all physicians licensed by the board.
(3) A health corps member is not required to use insurance provided under this section. A physician's decision not to use the insurance provided under this section does not affect the physician's liability under 37-3-806.
History: En. Sec. 7, Ch. 705, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 1. General › 37-4-102. Designations constituting prima facie evidence of practicing dentistry

37-4-102. Designations constituting prima facie evidence of practicing dentistry.
Except for the provisions in 37-4-104, appending the word "dentist" or the letters "D.D.S.", "D.M.D.", or similar letters to a person's name on a door or a sign, in a printed or published form, or in any other type of advertisement is prima facie evidence that the person is engaged in the practice of dentistry and is subject to the regulations, convictions, and penalties of this chapter.
History: En. Sec. 12, Ch. 48, L. 1935; re-en. Sec. 3115.12, R.C.M. 1935; R.C.M. 1947, 66-912; amd. Sec. 2, Ch. 151, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 1. General › 37-4-104. Twelve-month period for disposition of deceased or disabled dentist's practice by personal representative -- restrictions

37-4-104. Twelve-month period for disposition of deceased or disabled dentist's practice by personal representative -- restrictions.
(1) For the purpose of selling or otherwise disposing of a deceased or a disabled licensee's dental practice and for a period not to exceed 12 months, a person who is not licensed to practice dentistry but who is the personal representative of the estate of a deceased dentist or the personal representative of a disabled dentist may contract with a dentist to manage the dental practice at an establishment where dental operations, oral surgery, or dental services are provided.
(2) A personal representative may not:
(a) govern the clinical sufficiency, suitability, reliability, or efficacy of a particular service, product, process, or activity as it relates to the delivery of dental care;
(b) preclude or otherwise restrict a dentist's ability to exercise independent professional judgment over all qualitative and quantitative aspects of the delivery of dental care;
(c) allow any person other than a dentist to supervise and control the selection, compensation, terms, conditions, obligations, or privileges of employment or retention of clinical personnel in the dental practice;
(d) determine or limit a fee charged by the dentist or limit the methods of payment accepted by a dentist or the dentist's practice; or
(e) limit or define the scope of services offered by the dentist.
(3) For the purposes of this section:
(a) "clinical" means having a significant relationship, whether real or potential, direct or indirect, to the actual rendering or outcome of dental care, the practice of dentistry, or the quality of dental care being rendered to a patient;
(b) "disabled" means unable to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment lasting or expected to last at least 12 months; and
(c) "personal representative" of the estate of a deceased dentist has the same meaning as provided for the term in 72-1-103.
(4) The 12-month period provided for in subsection (1) begins when:
(a) the personal representative of the estate of a deceased dentist files a verified copy of the death certificate of the deceased with the department; or
(b) the personal representative of the disabled dentist files a verified copy of a document signed by a licensed physician that attests to the dentist's disability.
History: En. Sec. 5, Ch. 151, L. 1997; amd. Sec. 53, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 2. Board of Dentistry › 37-4-201. Official seal -- organization -- subpoena power -- screening panel

37-4-201. Official seal -- organization -- subpoena power -- screening panel.
(1) (a) The board shall adopt an official seal of its own design and shall employ the seal to authenticate the board's acts and records.
(b) The board shall, at its annual meeting, choose from its members a president, vice-president, and secretary-treasurer, who shall serve at the pleasure of the board.
(c) Any member of the board may administer oaths and affirmations, and the board may hear testimony and subpoena witnesses with respect to matters relating to the duties imposed upon the board by law.
(2) The board shall establish a screening panel for disciplinary matters as provided for in 37-1-307 and shall authorize the screening panel to oversee any rehabilitation program established pursuant to 37-4-311.
History: En. Sec. 3, Ch. 48, L. 1935; re-en. Sec. 3115.3, R.C.M. 1935; R.C.M. 1947, 66-903; amd. Sec. 2, Ch. 60, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 2. Board of Dentistry › 37-4-202. Meetings -- notice -- records

37-4-202. Meetings -- notice -- records.
(1) The board shall meet at least once each year in this state at the call of the president and secretary-treasurer. Five days' notice must be given by the department to board members of the time and place of the meeting of the board.
(2) Meetings held for the purpose of examining candidates for a license to practice dentistry in this state may not exceed 6 days.
(3) Board proceedings are open to public inspection unless a privacy issue is involved.
(4) Money collected by the department under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).
(5) The department shall keep a complete record of meetings and proceedings of the board and shall keep a complete account of money received and disbursements made by the department.
History: (1), (3) thru (5)En. Sec. 4, Ch. 48, L. 1935; re-en. Sec. 3115.4, R.C.M. 1935; amd. Sec. 147, Ch. 147, L. 1963; amd. Sec. 25, Ch. 177, L. 1965; amd. Sec. 21, Ch. 93, L. 1969; amd. Sec. 1, Ch. 352, L. 1969; amd. Sec. 78, Ch. 350, L. 1974; Sec. 66-904, R.C.M. 1947; (2)En. Sec. 9, Ch. 48, L. 1935; re-en. Sec. 3115.9, R.C.M. 1935; amd. Sec. 149, Ch. 147, L. 1963; amd. Sec. 4, Ch. 352, L. 1969; amd. Sec. 82, Ch. 350, L. 1974; amd. Sec. 29, Ch. 439, L. 1975; amd. Sec. 2, Ch. 531, L. 1977; Sec. 66-909, R.C.M. 1947; R.C.M. 1947, 66-904, 66-909(2); amd. Sec. 2, Ch. 316, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 524, L. 1987; amd. Sec. 15, Ch. 481, L. 1997; amd. Sec. 14, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 2. Board of Dentistry › 37-4-203. Repealed

37-4-203. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 9, Ch. 48, L. 1935; re-en. Sec. 3115.9, R.C.M. 1935; amd. Sec. 149, Ch. 147, L. 1963; amd. Sec. 4, Ch. 352, L. 1969; amd. Sec. 82, Ch. 350, L. 1974; amd. Sec. 29, Ch. 439, L. 1975; amd. Sec. 2, Ch. 531, L. 1977; R.C.M. 1947, 66-909(1), (3); amd. Sec. 5, Ch. 363, L. 1981; amd. Sec. 8, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 2. Board of Dentistry › 37-4-204. Affiliation with national association authorized -- delegates

37-4-204. Affiliation with national association authorized -- delegates.
The board may affiliate with the national association as an active member, pay regular annual dues to the association, and send delegates to the meetings of the association.
History: En. Sec. 20, Ch. 48, L. 1935; re-en. Sec. 3115.20, R.C.M. 1935; amd. Sec. 8, Ch. 352, L. 1969; amd. Sec. 87, Ch. 350, L. 1974; R.C.M. 1947, 66-920; amd. Sec. 6, Ch. 363, L. 1981; amd. Sec. 9, Ch. 474, L. 1981; amd. Sec. 1, Ch. 349, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 2. Board of Dentistry › 37-4-205. Rulemaking

37-4-205. Rulemaking.
The board may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this chapter in accordance with the Montana Administrative Procedure Act. Rules adopted under this section may include but are not limited to the following subjects:
(1) the practice of dentistry or oral surgery involving the administration of anesthetics; and
(2) advertising by a licensed dentist including:
(a) the use of false, deceptive, or misleading advertising;
(b) the use of information concerning fees, areas of practice, specialization, personal background, and quality of service in advertising; and
(c) the use of warnings and disclaimers in advertising.
History: En. Sec. 2, Ch. 349, L. 1983; amd. Sec. 3, Ch. 518, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-301. Qualifications -- fees

37-4-301. Qualifications -- fees.
Applicants for licensure shall submit an application that must include, when required:
(1) certification of successful completion of the national board examination;
(2) certification of successful completion of a regional board examination;
(3) three affidavits of good moral character;
(4) a certificate of graduation from a board-approved dental school; and
(5) an application fee.
History: En. Sec. 5, Ch. 48, L. 1935; re-en. Sec. 3115.5, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1941; amd. Sec. 1, Ch. 34, L. 1961; amd. Sec. 2, Ch. 352, L. 1969; amd. Sec. 1, Ch. 287, L. 1971; amd. Sec. 79, Ch. 350, L. 1974; R.C.M. 1947, 66-905; amd. Sec. 2, Ch. 337, L. 1979; amd. Sec. 3, Ch. 349, L. 1983; amd. Sec. 1, Ch. 62, L. 1987; amd. Sec. 12, Ch. 224, L. 2003; amd. Sec. 32, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-302. Recognition of dental schools and dental hygiene schools

37-4-302. Recognition of dental schools and dental hygiene schools.
In determining what constitutes a recognized dental college, the board shall be guided by the standards, canons, and practices required for recognition by the commission on dental accreditation. In determining what constitutes a recognized dental hygiene school, the board shall recognize only those dental hygiene schools accredited by the commission on dental accreditation or its successor as designated by the United States department of education or the council on post-secondary accreditation, or both.
History: En. Sec. 24, Ch. 48, L. 1935; re-en. Sec. 3115.24, R.C.M. 1935; amd. Sec. 13, Ch. 352, L. 1969; R.C.M. 1947, 66-924; amd. Sec. 1, Ch. 66, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-303. Repealed

37-4-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 48, L. 1935; re-en. Sec. 3115.6, R.C.M. 1935; amd. Sec. 2, Ch. 34, L. 1961; amd. Sec. 148, Ch. 147, L. 1963; amd. Sec. 3, Ch. 352, L. 1969; amd. Sec. 80, Ch. 350, L. 1974; R.C.M. 1947, 66-906(1); amd. Sec. 1, Ch. 66, L. 1981; amd. Sec. 4, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-304. Repealed

37-4-304. Repealed.
Sec. 4, Ch. 66, L. 1981.
History: En. Sec. 7, Ch. 48, L. 1935; re-en. Sec. 3115.7, R.C.M. 1935; R.C.M. 1947, 66-907.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-305. Repealed

37-4-305. Repealed.
Sec. 4, Ch. 66, L. 1981.
History: En. Sec. 8, Ch. 48, L. 1935; re-en. Sec. 3115.8, R.C.M. 1935; amd. Sec. 81, Ch. 350, L. 1974; R.C.M. 1947, 66-908.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-306. Repealed

37-4-306. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 6, Ch. 48, L. 1935; re-en. Sec. 3115.6, R.C.M. 1935; amd. Sec. 2, Ch. 34, L. 1961; amd. Sec. 148, Ch. 147, L. 1963; amd. Sec. 3, Ch. 352, L. 1969; amd. Sec. 80, Ch. 350, L. 1974; R.C.M. 1947, 66-906(2); amd. Sec. 5, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-307. Notice of name and address change -- local fees prohibited

37-4-307. Notice of name and address change -- local fees prohibited.
(1) Each dentist 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 dentist licensed under this chapter.
History: En. Sec. 6, Ch. 48, L. 1935; re-en. Sec. 3115.6, R.C.M. 1935; amd. Sec. 2, Ch. 34, L. 1961; amd. Sec. 148, Ch. 147, L. 1963; amd. Sec. 3, Ch. 352, L. 1969; amd. Sec. 80, Ch. 350, L. 1974; R.C.M. 1947, 66-906(3) thru (6); amd. Sec. 3, Ch. 337, L. 1979; amd. Sec. 6, Ch. 345, L. 1981; amd. Sec. 7, Ch. 363, L. 1981; amd. Sec. 4, Ch. 349, L. 1983; amd. Sec. 28, Ch. 429, L. 1995; amd. Sec. 6, Ch. 492, L. 1997; amd. Sec. 9, Ch. 230, L. 1999; amd. Sec. 9, Ch. 271, L. 2003; amd. Sec. 33, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-311. Rehabilitation

37-4-311. Rehabilitation.
The board shall establish a rehabilitation or medical assistance program to assist and rehabilitate licensees who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness.
History: En. Sec. 1, Ch. 358, L. 1997; amd. Sec. 13, Ch. 224, L. 2003; amd. Sec. 6, Ch. 122, L. 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-326. Repealed

37-4-326. Repealed.
Sec. 10, Ch. 366, L. 2023.
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.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-327. Repealed

37-4-327. Repealed.
Sec. 10, Ch. 366, L. 2023.
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.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 3. Licensing › 37-4-328. Repealed

37-4-328. Repealed.
Sec. 10, Ch. 366, L. 2023.
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.
2023 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.
2023 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.